Termination of Grant Agreement Between City of Dubuque and K&L Leasing, LLC for 701 Bluff StreetCity of Dubuque
City Council Meeting
Consent Items # 3.
Copyrighted
December 20, 2021
ITEM TITLE: Termination of Grant Agreement Between City of Dubuque and K&L
Leasing, LLC. for the Rehabilitation of 701 Bluff Street
SUMMARY: City Manager recommending approval of a Termination Agreement with
K&L Leasing, LLC. for the rehabilitation of 701 Bluff Street.
RESOLUTION Approving the Termination Agreement and Release
Terminating the Grant Agreement by and between the City of Dubuque,
Iowa and K&L Leasing, LLC.
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
K&L Leasing Termination of Grant Agreement-MVM
Memo
Staff Memo
Resolution
Termination Agreement
City Manager Memo
Staff Memo
Resolutions
Supporting Documentation
THE C
Dubuque
DUj!BQTE
WAWca 914
Masterpiece on the Mississippi
YP pp
aoo�•o 13
zai7*20*�oi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Termination of Grant Agreement Between City of Dubuque and K&L
Leasing, LLC. for the Rehabilitation of 701 Bluff Street
DATE: December 16, 2021
Assistant Economic Development Director Ian Hatch recommends City Council
approval of a Termination Agreement with K&L Leasing, LLC. for the rehabilitation of
701 Bluff Street.
The grant agreement required rehabilitation and creation of a commercial storefront in
the structure. K&L Leasing, LLC. has determined it would be more feasible to decline
the grant and finish the project with the intent to create a single-family residence.
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
Ian C. Hatch, Assistant Economic Development Director
Dubuque
THE CITY OF
All -America My
nni K xvni , nz: a:u�ir,
DUB E
2007-2012.2013
Masterpiece on the Mississippi 2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Ian C. Hatch, Assistant Economic Development Director
Economic Development
Department
1300 Main Street
Dubuque, Iowa 52001-4763
Office (563) 589-4393
TTY (563) 690-6678
http://www.cityofdubuque.org
SUBJECT: Termination of Grant Agreement Between City of Dubuque and K&L
Leasing, LLC. for the Rehabilitation of 701 Bluff Street
DATE: November 29, 2021
INTRODUCTION
This memorandum presents for City Council review and approval a resolution authorizing
a Termination Agreement between the City of Dubuque, Iowa and K&L Leasing, LLC. for
the rehabilitation of 701 Bluff Street.
BACKGROUND
On October 19, 2020 the City of Dubuque entered into a Grant Agreement with K&L
Leasing, LLC. for the rehabilitation of 701 Bluff Street. The Agreement required K&L
Leasing, LLC to rehabilitate the structure, complying with guidelines outlined by the
Historic Preservation Commission and to create a commercial storefront in the
structure.
On July 20, 2021 the Dubuque City Council and K&L Leasing amended the Grant
Agreement to extend the required project completion date to December 31, 2021. K&L
Leasing, LLC. requested this additional time to complete the project due to supply chain
shortages and high cost of materials.
DISCUSSION
K&L Leasing, LLC. now desires to remove the commercial storefront from the project.
The developer intends to request the building be rezoned to residential from C-4 mixed -
use commercial to create a single-family residence. City Staff informed K&L Leasing,
LLC. that the Grant Agreement requires a commercial storefront and that a single-family
residence would not be eligible for the grants. At this point, K&L Leasing, LLC. has
determined it would be more feasible to decline the grant and finish the project with the
intent to create a single-family residence.
RECOMMENDATION / ACTION STEP
I recommend that the City Council adopt the attached resolution approving a Termination
Agreement between the City of Dubuque and K&L Leasing, LLC.
2
Prepared by: Jill Connors, Economic Development, 1300 Main Street, Dubuque IA 52001, 563 589-4393
Return to: Jill Connors, Economic Development, 1300 Main Street, Dubuque IA 52001, 563 589-4393
RESOLUTION NO. 428-21
APPROVING THE TERMINATION AGREEMENT AND RELEASE TERMINATINGTHE
GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND K&L
LEASING, LLC.
WHEREAS, the City of Dubuque and K&L Leasing, LLC. entered into a Grant
Agreement dated for reference purposes the 19'b day of October, 2020, as amended (the
Grant Agreement) for property at 701 Bluff Street, legally described as follows:
Tract II: Lot 1 of the Subdivision of Lot 3 of the Subdivision of Out Lot 653A: and
Lot 1 of the Subdivision of Lot 2 of the Subdivision of Lot 2 of the Subdivision of
Out Lot 653 in the City of Dubuque, Iowa, according to the recorded plats thereof.
; and
WHEREAS, City and K&L Leasing, LLC. now desire to terminate the Grant
Agreement on the terms and conditions set forth in the Termination Agreement and
Release between the City of Dubuque, Iowa and K&L Leasing, LLC., attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Termination Agreement and Release Between the City of
Dubuque, Iowa and K&L Leasing, LLC. is hereby approved.
Section 2. The Mayor is hereby authorized and directed to sign the Termination
Agreement and Release on behalf of the City of Dubuque.
Section 3. The City Manager is authorized to take such actions as are
necessary to comply with the terms of the Termination Agreement and Release as herein
approved.
Passed, approved and adopted this 20'h day of December, 2021.
P
Roy uol, Mayor
Attest:
17A�
Adrienne N. Breitfelder, City Clerk
Prepared by: Jill Connors, Economic Development, 1300 Main Street, Dubuque, Iowa 52001, 563 589.4393
Return to: Jill Connors, Economic Development, 1300 Main Street, Dubuque, Iowa 52001, 563 589-4393
TERMINATION AGREEMENT AND RELEASE
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
K&L LEASING, LLC.
This Termination Agreement and Release, dated for reference purposes the dl"
day of December, 2021, is made and entered into by and between the City of Dubuque,
Iowa, an Iowa municipal corporation ("City"), and K&L Leasing, LLC. ("Grant Recipient"),
as of the date of final signature below.
Whereas, City and Grant Recipient are parties to Grant Agreement dated October
19, 2020, as amended (the "Agreement"); and
Whereas, the Agreement provides certain Downtown Rehabilitation Grant to Grant
Recipient for the rehabilitation of property located at 701 Bluff Street in the City of
Dubuque, Iowa; and
Whereas, Grant Recipient has requested that the Agreement be terminated at no
cost to City; and
Whereas, City agree to the termination of the Agreement on the terms set forth
herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN CITY AND GRANT
RECIPIENT AS FOLLOWS:
The Grant Agreement is hereby terminated.
2. City and Grant Recipient hereby release each other from any and all obligations
under the Grant Agreement.
CITY OF DUBUQUE, IOWA K&L LEASING, LLC.
11302021bal
By: " C' 4�'l
Roy D uol, Mayor
ATTEST:
Adrienne N. Breitfelder, City Clerk
By._...
Ken Lin, Manager