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First Amendment to Development Agreement with Three Amigos, LLC for 898 Jackson StreetCopyrighted October 18, 2021 City of Dubuque Consent Items # 15. City Council Meeting ITEM TITLE: First Amendment to Development Agreement between the Cityof Dubuque, Iowa and Three Amigos, LLC fora Project at 898 Jackson Street SUMMARY: City Manager recommending approval of the First Amendment to Development Agreement between the City of Dubuque, Iowa and Three Amigos, LLC for the rehabilitation of property at 898 Jackson Street. RESOLUTION Approving the FirstAmendmentto Development Agreement between the City of Dubuque, Iowa and Three Amigos, LLC SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: FIN ik[O]:ILyil21zIII l+] Description Type Three Amigos First Amendment to Development City Manager Memo Agreement-MVM Memo Staff Memo Staff Memo Resolution Resolutions F i rst Amendment Supporting Documentation THE CITY OF Dubuque DUB TEE All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: First Amendment to Development Agreement between the City of Dubuque, Iowa and Three Amigos, LLC for a Project at 898 Jackson Street DATE: October 12, 2021 Economic Development Director Jill Connors recommends City Council approval of the First Amendment to Development Agreement between the City of Dubuque, Iowa and Three Amigos, LLC for the rehabilitation of property at 898 Jackson Street. The First Amendment provides a $5,000 Fagade Grant. An adjoining single -story concrete block building has been demolished, exposing the east wall of 898 Jackson Street, which was previously an interior wall and does not match the brick exterior of the building. Three Amigos, LLC plans to install a full brick veneer utilizing the same common red brick to cover the exposed concrete block portions of the wall. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jill M. Connors, Economic Development Director THE CITY OF E Masterpiece on the Mississippi Dubuque Economic Development Department 1300 Main Street All-AmericaCiity Dubuque, Iowa 52001-4763 fvtll["JVtL i T7(: fJ iY'L9= Office (563) 589-4393 I I TTY (563) 690-6678 ® http://www.cityofdubuque.org 2007-2012.2013 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director SUBJECT: First Amendment to Development Agreement between the City of Dubuque, Iowa and Three Amigos, LLC for a Project at 898 Jackson Street DATE: October 8, 2021 INTRODUCTION This memorandum presents for City Council review and approval a First Amendment to a Development Agreement between the City of Dubuque, Iowa and Three Amigos, LLC for the rehabilitation of property at 898 Jackson Street. BACKGROUND On April 15, 2019 the City of Dubuque entered into a Development Agreement with Three Amigos, LLC, for the rehabilitation of property located at 898 Jackson Street. Upon completion, Delta 3 Engineering, which is headquartered in Platteville, Wisconsin, began to occupy the northern portion of the redeveloped building. Delta 3 Engineering, Inc. was established in 2003 and has continued to develop and expand in the 18 years since its inception. Delta 3 Engineering specifically chose to expand its business in Dubuque because it saw the area as a great fit for its business and community relationships to grow. In addition to creating space for Delta 3 Engineering, Three Amigos, LLC created two additional tenant spaces and committed to the creation of at least ten (10) full time equivalent jobs at the property during the term of the agreement. The Development Agreement provided for incentives to support the redevelopment of the property including Downtown Rehabilitation grants for Planning & Design and for Financial Consultant totaling $25,000, along with 10 years of Tax Increment Finance (TIF) rebates which are estimated to total $48,000 over the term of the agreement. Additional terms and conditions are described in the Development Agreement. DISCUSSION An adjoining single -story concrete block building has been demolished, exposing the east wall. The east wall of the building at 898 Jackson Street was previously an interior wall and does not match the brick exterior of the building. The damaged brick along the base and at the outside corner of the wall have been replaced with common red brick from the area. The wall has been cleaned to remove paint. Three Amigos, LLC plans to install a full brick veneer utilizing the same common red brick to cover the exposed concrete block portions of the wall. The red brick will be salvaged to match the color and wear of the existing brick fagade. A steel angle will be installed at the base of the wall to support the brick veneer. The existing portion of the steel beam will be removed, and the wall will be patched. Our office has determined that a matching Fagade Grant in the amount of $5,000 will be sufficient to properly blend the exposed fagade with the existing rehabilitated fagade. It is important the City protect its previous investment in the property. Funding the Fagade Grant would align with the City Council's goal Livable Neighborhoods and Housing: A Great Place to Live. Nx010]►ail►Ti1=10117_111IQ0FF-I«0lei 01 +'111=1 :J Based on the importance of the City's goal to assist in redeveloping the downtown and the adjacent Historic Millwork area, I recommend the City Council approve the First Amendment to Development Agreement with Three Amigos, LLC. 2 Pared by Jill Connors Economic Development 1300 Main St Dubuque IA 52001 (563) 589-4393 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13t" St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 354-21 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THREE AMIGOS, LLC WHEREAS, the City of Dubuque and Three Amigos, LLC, a Wisconsin limited liability company entered into that certain Development Agreement dated April 15, 2019 with respect to the matters specified therein or the property at 898 Jackson Street in the City of Dubuque, Iowa; and WHEREAS, the parties desire to modify the Development Agreement as set out in the First Amendment to Development Agreement attached hereto; and WHEREAS, the City Council finds that it is in the best interests of the City of Dubuque to approve the First Amendment to Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The First Amendment to Development Agreement is hereby approved. Passed, approved and adopted this 18th day of October, 2020. Roy D45uol, Mayor Attest: Adrienne N. Breitfelder, City Clerk FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND THREE AMIGOS, LLC THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the "First Amendment'), dated for reference purposes the It day of October, 2021, is made and entered by and between the CITY OF DUBUQUE, IOWA, a municipality ("City") and THREE AMIGOS, LLC, an Iowa limited liability company (`Developer") (City and Developer are hereinafter sometimes collectively referred to as the "parties"). WHEREAS, City and Developer entered into that certain Development Agreement dated April 15, 2019 (the "Agreement') with respect to the matters specified therein for the property at 898 Jackson Street, in the City of Dubuque, Iowa; and WHEREAS, the parties desire to modify the Agreement as hereinafter provided. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE ACKNOWLEDGED BY THE PARTIES, THE PARTIES AGREE AS FOLLOWS: 1. Section 3.4 of the Development Agreement is amended to read as follows: 3.4. Facade Grant. City agrees to provide a matching (1:1) grant not to exceed Five Thousand Dollars ($5,000) to reimburse Developer for documented costs that improve the overall appearance of the Property, provided the Project as completed meets the criteria of the Fagade Grant Program. The Project must be completed in substantial conformity with the scope and scale described in Developer's Application Design Letter attached hereto as Exhibit I. The Project must be completed by August 1, 2022. 2. Section 3.5 of the Development Agreement is amended to read as follows: 3.5. Written requests for payment of grant funds must be submitted to the Economic Development Department together with all required documentation. 3. All other terms of the Development Agreement, as amended, shall remain in full force and effect. CITY OF DUBUQUE, IOWA THREE AMIGOS, LLC 10082021bal By: i, e, B Roy . Buol, Mayor 4a Nies, P.E., Member ATTEST: ajo,v�z h 644, — Adrienne N. Breitfelder, C ty Clerk EXHIBIT I DESIGN LETTER THE CITY OF DUB E Masterpiece on the Mississippi Dubuque Planning Services Department City Hall - 50 West 131h Street ���1°"' 1 Dubuque, IA 52001-4845 1 I I I (563) 589-4210 phone (563) 589-4221 fax 2007,2012.2013 (563) 690-6678 TDD 2017*2019 plan ning(cD_cityofdubugue.org MEMORANDUM TO: Jill Connors, Economic Development Director FROM: Chris Happ Olson, Assistant Planner SUBJECT: Fagade Grant: 898 Jackson Street — rear/east facade Delta 3 Engineering DATE: October 8, 2021 Introduction This memorandum forwards the requested design review for work funded with a Fagade Grant for the property located at 898 Jackson Street. Background The City of Dubuque Architectural Guidelines, the Secretary of the Interior Standards for Rehabilitation and applicable Technical Preservation Services Preservation Briefs published by the National Park Service (NPS) apply to this project. The latter collection can be found at the NPS website. Particularly, these two Briefs area helpful for repairs at this structure: • Preservation Brief #2 Repointing Mortar Joints • Preservation Brief #6 Dangers of Abrasive Cleaning Discussion The scope of work is defined as: • Conservative removal of bituminous coating from various points at the wall, • Conservative removal of paint, whitewash, debris and soot buildup, and gentle cleaning, • Structural and protective repair of masonry with in -kind brick/stone replacement as necessary, • Mortar repointing as necessary, • Removal of non-functional end of I-beam protruding past the exterior wall, • Installation of a structural angle at lower concrete masonry unit (CMU) wall to support new brick veneer, and • New brick veneer consists of installation of a similar sized and patinaed red brick to blend in with north and south brick facade sections, obscuring all areas of CMUs. See attached images supplied by the applicant. Please note that all work completed must have relevant permitting and permission, working with the Inspection and Construction Services Division (formerly Building Department). Requirements The project, if done in accordance with the described scope of work, will meet the applicable guidelines and standards and is recommended for approval in terms of design review. Any deviation from the approved scope of work must be reviewed and approved by the Economic Development and Planning Services Departments prior to initiation. It is the property owner's responsibility to read and understand the terms of approval as well as ensure compliance with the project requirements. It is the property owner's responsibility to obtain the necessary building permits prior to starting work. It is the property owner's responsibility to ensure all contractors understand and properly execute all expectation of the project. Failure to comply with the approved scope of work will result in forfeiture of all funding. ENCLOSURES: Applicant's compiled materials CC: Mike Belmont, Building Official Jeff Zasada, Inspector E Starting Condition - provided by owner Prior condition of wall when single story building was demolished. Wall was covered with paint that was cleaned off. Starting Condition - provided by owner Damaged brick at base of wall. Brick was removed and replaced with common red brick from the area. Starting Condition - provided by owner Limestone base was repaired and stone was repointed. Starting Condition - provided by owner Corner of wall was repaired. In process condition - provided by owner View of full east wall in current condition. In process condition - provided by owner View of concrete block areas of east wall. Proposed plan for new brick veneer - provided by owner