Acceptance of Petition and Waiver Agreements_Historic Millwork DistrictMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Petition and Waiver Agreements (Voluntary Assessments)
for Privately Owned Streets in the Historic Millwork District
DATE: August 10, 2010
Dubuque
habil
All-America Cily
11111r
2007
Economic Development Director Dave Heiar is recommending acceptance of the
Petition and Waiver Agreements from the property owners donating the right -of -way in
the Millwork District.
On February 16, 2009, the Historic District Master Plan was adopted by the City
Council. The first phase of the district redevelopment is centered at the intersections of
10 and Washington Streets. Three properties are scheduled for major renovations,
which are owned by Wilmac Property Company, CARADCO Building LLLP, and Mid
America Holdings, LLC.
The Historic Millwork District Master Plan proposed the following privately held ROW to
be turned over to the City for public streets; 10 Street from Jackson to Elm Streets and
Washington Street from 9 to 11 Streets. This would provide public access and
connectivity in the area and facilitate a quality streetscape in the district. In June 2010,
the Zoning Advisory Commission and City Council approved plats of the various
properties and accepted the ROW for these streets.
The City received a TIGER Grant from the U.S. Department of Transportation to
reconstruct streets in the Millwork District for the first phase of the development. These
streets will be designed as complete streets which provide areas for multi -modal
transportation, including pedestrians, bicycles, mass transit and autos.
In a typical subdivision, the developer constructs all streets to the City's specifications
and then the City accepts the streets as ROW. The Millwork District received a TIGER
Grant from the US DOT, providing the funds needed to construct the needed streets for
Phase I of the Millwork District redevelopment.
The three property owners who owned the private streets have signed Petition and
Waiver Agreements agreeing to have their properties assessed for 100% of their portion
of the cost to construct the following streets:
• 10th Street from Jackson to Elm Streets
• Washington Street from 9th to 11th Streets
As an incentive to redevelop the buildings adjacent to these new, publicly owned
streets, the amount of assessment attributable to the previously privately owned streets
will be forgiven, should the owner complete the minimum improvements (building
renovations) as will be specified in a future development agreement. Should the
minimum improvements not be completed, then the assessment will not be eliminated
and the owner will pay for the street improvements over time through a 15 year
assessment which will be attached to their property taxes.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
M' hael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: David J. Heiar, Economic Development Director 1
DATE: August 9, 2010
Dubuque
AI-Ame icacly
I f
2007
SUBJECT: Acceptance of Petition and Waiver Agreements (Voluntary Assessments)
for privately owned streets in the Historic Millwork District
INTRODUCTION
This memo is to gain City Council approval of accepting Petition and Waiver
Agreements from the property owners donating street ROW within the Millwork District.
BACKGROUND
On February 16, 2009, the Historic District Master Plan was adopted by the City
Council. The first phase of the district redevelopment is centered at the intersections of
10 and Washington Streets. Three properties are scheduled for major renovations,
which are owned by Wilmac Property Company, CARADCO Building LLLP, and Mid
America Holdings, LLC.
The Historic Millwork District Master Plan proposed the following privately held ROW to
be turned over to the City for public streets; 10 Street from Jackson to Elm Streets and
Washington Street from 9 to 11 Streets. This would provide public access and
connectivity in the area and facilitate a quality streetscape in the district. In June 2010,
the Zoning Advisory Commission and City Council approved plats of the various
properties and accepted the ROW for these streets.
The City received a TIGER Grant from the U.S. Department of Transportation to
reconstruct streets in the Millwork District for the first phase of the development. These
streets will be designed as complete streets which provide areas for multi -modal
transportation, including pedestrians, bicycles, mass transit and autos.
DISCUSSION
In a typical subdivision, the developer constructs all streets to the City's specifications
and then the City accepts the streets as ROW. The Millwork District received a TIGER
Grant from the US DOT, providing the funds needed to construct the needed streets for
Phase I of the Millwork District redevelopment.
The three property owners who owned the private streets have signed Petition and
Waiver Agreements agreeing to have their properties assessed for 100% of their portion
of the cost to construct the following streets:
• 10 Street from Jackson to Elm Streets
• Washington Street from 9 to 11 Streets
As an incentive to redevelop the buildings adjacent to these new, publicly owned
streets, the amount of assessment attributable to the previously privately owned streets
will be forgiven, should the owner complete the minimum improvements (building
renovations) as will be specified in a future development agreement. Should the
minimum improvements not be completed, then the assessment will not be eliminated
and the owner will pay for the street improvements over time through a 15 year
assessment which will be attached to their property taxes.
RECOMMENDATION /ACTION STEP
I recommend that the City Council approve the three resolutions accepting the Petition
and Waiver Agreements from Mid America Holdings, LLC, CARADCO Building, LLLP,
and Wilmac Property Company.
F:\USERS\Econ Dev \Warehouse District\Streets\2010809 Street dedication and Voluntary Assess Memo.doc
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Prepared by: David J. Heiar, ED Director, 50 West 13 Street, Dubuque IA 52001 563 589 -4393
Return to: Jeanne Schneider, City Clerk, 50 West 13 Street, Dubuque IA 52001 563 589 -4121
RESOLUTION NO.
RESOLUTION APPROVING THE PETITION AND WAIVER AGREEMENT WITH
CARADCO BUILDING, LLLP.
Whereas, the City of Dubuque has accepted Final Plats dedicating right -of -way for
public streets and utilities; and
Whereas, upon said Final Plat appears streets to be known as East 10 Street and
Washington Street, together with certain public easements, which the owner, by said Final
Plat, has dedicated to the public forever; and
Whereas, the City of Dubuque intends to construct public improvements that are in
the best interest of the City on these streets, which improvements shall be constructed at
such times and in accordance with the development agreements to be entered into with
the adjacent property owners; and
Whereas, the adjoining property owners have agreed to reimburse the City for said
improvements should they default in making building improvements as identified in a
separate development agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque will make improvements to the platted
Washington Street and East 10 Street areas in the Historic Millwork
District.
Attest:
Section 2.
That the Petition and Waiver Agreement with CARADCO Building,
LLLP. is hereby approved and the Mayor and City Clerk are hereby
authorized and directed to endorse the approval of the City of
Dubuque, Iowa, upon said agreement.
Passed, approved and adopted this 16 day of August, 2010.
Jeanne F. Schneider, City Clerk
D. Buol, Mayor
F:\USERS\Econ Dev \Warehouse District \Streets\20100811 Resolution Approv Petition & Waiver - CARADCO Building LLLP.doc
PETITION AND WAIVER AGREEMENT
THIS PETITION AND WAIVER AGREEMENT (Agreement) is made and entered
into by and between the City of Dubuque, Iowa (City) and CARADCO Building, LLLP.
(Owner).
WITNESSETH:
WHEREAS, Owner owns the following property:
Lot 1 CARADCO Place in the City of Dubuque, Iowa
(the Property); and
WHEREAS, City proposes to construct certain street and streetscape
improvements (the Improvements) in said City; and
WHEREAS, Owner desires that the Improvements be constructed to benefit its
properties and that special assessments be levied against the Property, the general
description and location of the Improvements being as follows:
Paving and streetscape of Washington Street from 9th to 11th
Streets, 10th Street from Elm to Jackson Street, and Jackson
Street from 7 to 11 Streets. The streets and streetscapes will be
reconstructed according to the Historic Millwork District Master Plan
adopted by Resolution 79 -09 on February 16, 2009.
NOW, THEREFORE, BE IT AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
As soon as practicable City shall have the right to cause the above described
Improvements to be constructed in accordance with such plans and specifications as it
shall deem appropriate. The construction of the Improvements shall be under the
supervision of an engineer to be selected by City (the Engineer).
For the purpose of this Agreement, City may elect to enter into contracts for the
construction of the Improvements as a part of any contract for a public improvement
project entered into prior to the receipt of this instrument as authorized by Section
384.41(2) of the Code of Iowa.
In consideration of the construction of the Improvements, Owner hereby waives
the public hearing on the adoption of the resolution of necessity and the mailing and
publication of notice thereof, and all other legal formalities of whatsoever kind or
character required by the laws of Iowa to be observed by cities in the construction of the
Improvements where the expense of such Improvements is to be assessed against the
Property. Owner expressly waives each and every question of jurisdiction, the intention
of the Owner being to authorize and direct City to construct the Improvements without
requiring any of the formalities or legal proceedings required of cities by the laws of
Iowa.
It is further agreed that when the Improvements have been constructed in
accordance with the plans and specifications, City may make assessments against the
Property for the entire cost of the construction of the Improvements, including the cost
of engineering, supervision, preparation of assessment schedule, and a ten percent
Default and Deficiency Fund as authorized by Section 384.44, Code of Iowa, and that
such assessments so made shall be a lien upon the Property; provided , however, that
the amount to be so assessed shall not exceed the amount set forth below, and Owner
hereby agrees to pay the amount as follows:
Private Street Donation Assessment
Public Street Assessment
Private Sanitary Sewer Assessment
Private Water Service Assessment
Total Assessment
$272,519.24
$27,416.83
$5,000.00
$2.000.00
$306,936.07
This amount shall be assessed against the Property, and the assessment shall
have the same legal force and effect as if all the legal formalities provided by law in
such cases had been fully and faithfully performed and observed. Owner hereby
expressly waives every objection to the assessment, any limitation of the amount
thereof as a percentage of valuation and any right to defer or postpone payment of the
assessment. The assessment shall be paid by Owner within the time provided by
statute for the payment of special assessments for such Improvements.
The amount and proportion of the cost of the Improvements to be paid by Owner
shall be ascertained and determined by the Engineer and by it reported to the City
Council which shall make such changes or alterations as it may require, and when the
assessments are finally passed by the City Council and by it levied, they shall constitute
the assessments against the Property.
Notwithstanding the foregoing or anything in this Agreement to the contrary, it is
recognized that Owner and City are parties to a Development Agreement requiring,
among other things, Owner to construct certain Minimum Improvements (as defined in
the Development Agreement) on the Property made subject to this Agreement. In
recognition thereof, City agrees that so long as Owner timely completes the construction
of the required Minimum Improvements under the Development Agreement and is not
otherwise in default under the Development Agreement, as determined by City in its
sole discretion, the final assessment to be levied against the Property in respect of the
Improvements shall be reduced by the terms specified in the Development Agreement.
Owner hereby authorizes the City Council to pass any Resolution requisite or
necessary to order and construct the Improvements, to provide for the construction of
the Improvements and to make the assessments herein provided for, without further
notice to Owner, , and any such Resolution may contain recitals that the Improvements
are ordered or made by the City Council without petition of Owner, without in any way
qualifying this Petition or releasing Owner from its obligation to pay the assessments
levied against the Property for the cost of the Improvements and to issue improvement
bonds or other obligations payable out of the assessments.
Owner warrants that the Property is free and clear of all liens and encumbrances
other than for ordinary taxes, except for such liens as are held by lienholders hereinafter
listed and designated as signers of this Agreement (Lienholders), who by execution of
this Agreement consent to the subordination of their liens to the special assessment
liens herein described. Owner further agrees to subordinate the sale of any part of the
Property to the terms of this Agreement, and, upon failure to do so, to pay the full
amount of the assessment on demand. Each Lienholder designated below, by
execution of this Agreement, agrees and consents that its lien or liens shall be
subordinated to the lien of the assessments levied pursuant hereto.
Owner agrees that this Agreement shall be effective and binding from and after
the approval hereof by resolution of the City Council.
ATTEST:
By:
Dated this day of , 2010.
By:
Jeanne F. Schneider, City Clerk, CMC
CITY OF PAUBUQUE, IOWA
/
Roy D. fol, Mayor
Owner: CARADCO Building, LLLP
Legal description of property to be assessed (the Property):
Lot 1 CARADCO Place in the City of Dubuque, Iowa
The undersigned Owner and Lienholder agree to the terms of the attached Petition and
Waiver Agreement and agree to be bound thereby.
CARADCO BUIL '. LLLP
By: � Date: AV & 9 , 2010
Its: f . of G , R'on (&P s ad co gads LAu-P)
WITNESS:1. J),.
LIENHOLDER:
B be� �2
Printed Name:
SIGNATURE PAGE TO PETITION & WAIVER AGREEMENT
. %-4/ ell4-j 10L,a1.4_
Its: e-c V c �,�� s,
Company: /9 .✓ s a,¢„
WITNESS: �"�-
Prepared by: David J. Heiar, ED Director, 50 West 13 Street, Dubuque IA 52001 563 589 -4393
Return to: Jeanne Schneider, City Clerk, 50 West 13 Street, Dubuque IA 52001 563 589 -4121
RESOLUTION NO.
RESOLUTION APPROVING THE PETITION AND WAIVER AGREEMENT WITH WILMAC
PROPERTY COMPANY
Whereas, the City of Dubuque has accepted Final Plats dedicating right -of -way for
public streets and utilities; and
Whereas, upon said Final Plat appears streets to be known as East 10 Street and
Washington Street, together with certain public easements, which the owner, by said Final
Plat, has dedicated to the public forever; and
Whereas, the City of Dubuque intends to construct public improvements that are in
the best interest of the City on these streets, which improvements shall be constructed at
such times and in accordance with the development agreements to be entered into with
the adjacent property owners; and
Whereas, the adjoining property owners have agreed to reimburse the City for said
improvements should they default in making building improvements as identified in a
separate development agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque will make improvements to the platted
Washington Street and East 10 Street areas in the Historic Millwork
District.
Attest:
Section 2. That the Petition and Waiver Agreement with Wilmac Property
Company is hereby approved and the Mayor and City Clerk are
hereby authorized and directed to endorse the approval of the City of
Dubuque, Iowa, upon said agreement.
Passed, approved and adopted this 16 day of August, 2010
Jeanne F. Schneider, City Clerk
Roy D. Buol, Mayor
F:\USERS\Econ Dev \Warehouse District \Streets\20100811 Resolution Approv Petition & Waiver - Wilmac Property Co.doc
(the Property); and
PETITION AND WAIVER AGREEMENT
THIS PETITION AND WAIVER AGREEMENT (Agreement) is made and entered
into by and between the City of Dubuque, Iowa (City) and Wilmac Property Company.
(Owner).
WITNESSETH:
WHEREAS, Owner owns the following property:
Lot 1 Wilmac Place in the city of Dubuque, Iowa.
WHEREAS, City proposes to construct certain street and streetscape
improvements (the Improvements) in said City; and
WHEREAS, Owner desires that the Improvements be constructed to benefit its
properties and that special assessments be levied against the Property, the general
description and location of the Improvements being as follows:
Paving and streetscape of Washington Street from 9th to 11th
Streets, 10th Street from Elm to Jackson Street, and Jackson
Street from 7 to 11 Streets. The streets and streetscapes will be
reconstructed according to the Historic Millwork District Master Plan
adopted by Resolution 79 -09 on February 16, 2009.
NOW, THEREFORE, BE IT AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
As soon as practicable City shall have the right to cause the above described
Improvements to be constructed in accordance with such plans and specifications as it
shall deem appropriate. The construction of the Improvements shall be under the
supervision of an engineer to be selected by City (the Engineer).
For the purpose of this Agreement, City may elect to enter into contracts for the
construction of the Improvements as a part of any contract for a public improvement
project entered into prior to the receipt of this instrument as authorized by Section
384.41(2) of the Code of Iowa.
In consideration of the construction of the Improvements, Owner hereby waives
the public hearing on the adoption of the resolution of necessity and the mailing and
publication of notice thereof, and all other legal formalities of whatsoever kind or
character required by the laws of Iowa to be observed by cities in the construction of the
Improvements where the expense of such Improvements is to be assessed against the
Property. Owner expressly waives each and every question of jurisdiction, the intention
of the Owner being to authorize and direct City to construct the Improvements without
requiring any of the formalities or legal proceedings required of cities by the laws of
Iowa.
It is further agreed that when the Improvements have been constructed in
accordance with the plans and specifications, City may make assessments against the
Property for the entire cost of the construction of the Improvements, including the cost
of engineering, supervision, preparation of assessment schedule, and a ten percent
Default and Deficiency Fund as authorized by Section 384.44, Code of Iowa, and that
such assessments so made shall be a lien upon the Property; provided , however, that
the amount to be so assessed shall not exceed the amount set forth below, and Owner
hereby agrees to pay the amount as follows:
Private Street Donation Assessment
Public Street Assessment
Private Sanitary Sewer Assessment
Private Water Service Assessment
Total Assessment
$132,481.00
$17,618.49
$2,000.00
$10,000.00
$162,099.49
This amount shall be assessed against the Property, and the assessment shall
have the same legal force and effect as if all the legal formalities provided by law in
such cases had been fully and faithfully performed and observed. Owner hereby
expressly waives every objection to the assessment, any limitation of the amount
thereof as a percentage of valuation and any right to defer or postpone payment of the
assessment. The assessment shall be paid by Owner within the time provided by
statute for the payment of special assessments for such Improvements.
The amount and proportion of the cost of the Improvements to be paid by Owner
shall be ascertained and determined by the Engineer and by it reported to the City
Council which shall make such changes or alterations as it may require, and when the
assessments are finally passed by the City Council and by it levied, they shall constitute
the assessments against the Property.
Notwithstanding the foregoing or anything in this Agreement to the contrary, it is
recognized that Owner and City are parties to a Development Agreement requiring,
among other things, Owner to construct certain Minimum Improvements (as defined in
the Development Agreement) on the Property made subject to this Agreement. In
recognition thereof, City agrees that so long as Owner timely completes the construction
of the required Minimum Improvements under the Development Agreement and is not
otherwise in default under the Development Agreement, as determined by City in its
sole discretion, the final assessment to be levied against the Property in respect of the
Improvements shall be reduced by the terms specified in the Development Agreement.
Owner hereby authorizes the City Council to pass any Resolution requisite or
necessary to order and construct the Improvements, to provide for the construction of
the Improvements and to make the assessments herein provided for, without further
notice to Owner, , and any such Resolution may contain recitals that the Improvements
are ordered or made by the City Council without petition of Owner, without in any way
qualifying this Petition or releasing Owner from its obligation to pay the assessments
levied against the Property for the cost of the Improvements and to issue improvement
bonds or other obligations payable out of the assessments.
Owner warrants that the Property is free and clear of all liens and encumbrances
other than for ordinary taxes, except for such liens as are held by lienholders hereinafter
listed and designated as signers of this Agreement (Lienholders), who by execution of
this Agreement consent to the subordination of their liens to the special assessment
liens herein described. Owner further agrees to subordinate the sale of any part of the
Property to the terms of this Agreement, and, upon failure to do so, to pay the full
amount of the assessment on demand. Each Lienholder designated below, by
execution of this Agreement, agrees and consents that its lien or liens shall be
subordinated to the lien of the assessments levied pursuant hereto.
Owner agrees that this Agreement shall be effective and binding from and after
the approval hereof by resolution of the City Council.
ATTEST:
By:
Dated this day of , 2010.
By:
Jeanne F. Schneider, City Clerk, CMC
CITY OF DBUQUE, IOWA
/ ,
Roy b. B41, Mayor
Owner: Wilmac Property Company
Legal description of property to be assessed (the Property):
Lot 1 Wilmac Place in the City of Dubuque, Iowa.
The undersigned Owner and Lienholder agree to the terms of the attached Petition and
Waiver Agreement and agree to be bound thereby.
WILMAC PROPERTY COMPANY
By: Date: A , 2010
Its: P2 &41;
WITNESS:
LIENHOLDER: /A
By:
Printed Name:
Its:
Company:
WITNESS:
SIGNATURE PAGE TO PETITION & WAIVER AGREEMENT
PARCEL A
City Lot 505 A except the easterly 284 feet thereof, in the City
of Dubuque, Iowa, according to the recorded Plat thereof.
Subject
to easements of record. SINCE NOVEMBER 1, 1838 (date of the United
States Commissioners' Plat of the Town of Dubuque, Iowa.)
PARCEL B
In -Lots 391, 392, 393, 425, and 426;
City Lot 389 A;
In -Lot 390, ENTeBLIND SOCIETY, INC., A conveyed to the
Instrument No. 9985-77, records
INDEPENDENT
of Dubuque County, Iowa;
In -Lot 427, except the portion thereof conveyed R ELE
SUPPLY INC., Instrument No. 13687-77,
Iowa;
according to the United States Commissioners' Plat of the Survey
of the Town of Dubuque, Iowa, and the respective recorded Plata
thereof. Subject to easements of record. SINCE JUNE 4, 1977,
8 A.M. (date of Certification of Prefixed Abstract of Title.)
PARCEL C
In -Lots 394 395, 396, 397, 398, 420, 421,422,
City Lot 39 A;
in the City of Dubuque, Iowa, according to
missioners' Plat of the Survey of the Town
the recorded Plat thereof.
EXHIBIT
I_____4____
423, and 424;
the United States Com-
of Dubuque, Iowa, and
Prepared by: David J. Heiar, ED Director, 50 West 13 Street, Dubuque IA 52001 563 589 -4393
Return to: Jeanne Schneider, City Clerk, 50 West 13 Street, Dubuque IA 52001 563 589 -4121
RESOLUTION NO.
RESOLUTION APPROVING THE PETITION AND WAIVER AGREEMENT WITH MID
AMERICAN HOLDINGS, LLC.
Whereas, the City of Dubuque has accepted Final Plats dedicating right -of -way for
public streets and utilities; and
Whereas, upon said Final Plat appears streets to be known as East 10 Street and
Washington Street, together with certain public easements, which the owner, by said Final
Plat, has dedicated to the public forever; and
Whereas, the City of Dubuque intends to construct public improvements that are in
the best interest of the City on these streets, which improvements shall be constructed at
such times and in accordance with the development agreements to be entered into with
the adjacent property owners; and
Whereas, the adjoining property owners have agreed to reimburse the City for said
improvements should they default in making building improvements as identified in a
separate development agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque will make improvements to the platted
Washington Street and East 10 Street areas in the Historic Millwork
District.
Attest:
Section 2.
That the Petition and Waiver Agreement with Mid America Holdings,
LLC. is hereby approved and the Mayor and City Clerk are hereby
authorized and directed to endorse the approval of the City of
Dubuque, Iowa, upon said agreement.
Passed, approved and adopted this 16 day of August, 2010.
Jeanne F. Schneider, City Clerk
F: \USERS \Eton Dev \Warehouse District \Streets\20100811 Resolution Approv Petition & Waiver -Mid America.doc
,,
D. Buol, Mayor
PETITION AND WAIVER AGREEMENT
THIS PETITION AND WAIVER AGREEMENT (Agreement) is made and entered
into by and between the City of Dubuque, Iowa (City) and Mid America Holdings, LLC.
(Owner).
WITNESSETH:
WHEREAS, Owner owns the following property:
Lot 1 City Center Place #2 in the City of Dubuque, Iowa
(the Property); and
WHEREAS, City proposes to construct certain street and streetscape
improvements (the Improvements) in said City; and
WHEREAS, Owner desires that the Improvements be constructed to benefit its
properties and that special assessments be levied against the Property, the general
description and location of the Improvements being as follows:
Paving and streetscape of Washington Street from 9th to 11th
Streets, 10th Street from Elm to Jackson Street, and Jackson
Street from 7 to 11 Streets. The streets and streetscapes will be
reconstructed according to the Historic Millwork District Master Plan
adopted by Resolution 79 -09 on February 16, 2009.
NOW, THEREFORE, BE IT AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
As soon as practicable City shall have the right to cause the above described
Improvements to be constructed in accordance with such plans and specifications as it
shall deem appropriate. The construction of the Improvements shall be under the
supervision of an engineer to be selected by City (the Engineer).
For the purpose of this Agreement, City may elect to enter into contracts for the
construction of the Improvements as a part of any contract for a public improvement
project entered into prior to the receipt of this instrument as authorized by Section
384.41(2) of the Code of Iowa.
In consideration of the construction of the Improvements, Owner hereby waives
the public hearing on the adoption of the resolution of necessity and the mailing and
publication of notice thereof, and all other legal formalities of whatsoever kind or
character required by the laws of Iowa to be observed by cities in the construction of the
Improvements where the expense of such Improvements is to be assessed against the
Property. Owner expressly waives each and every question of jurisdiction, the intention
of the Owner being to authorize and direct City to construct the Improvements without
requiring any of the formalities or legal proceedings required of cities by the laws of
Iowa.
It is further agreed that when the Improvements have been constructed in
accordance with the plans and specifications, City may make assessments against the
Property for the entire cost of the construction of the Improvements, including the cost
of engineering, supervision, preparation of assessment schedule, and a ten percent
Default and Deficiency Fund as authorized by Section 384.44, Code of Iowa, and that
such assessments so made shall be a lien upon the Property; provided , however, that
the amount to be so assessed shall not exceed the amount set forth below, and Owner
hereby agrees to pay the amount as follows:
Private Street Donation Assessment
Public Street Assessment
Private Sanitary Sewer Assessment
Private Water Service Assessment
Total Assessment
$496,360.16
$0.00
$2,500.00
$15,000.00
$513,860.16
This amount shall be assessed against the Property, and the assessment shall
have the same legal force and effect as if all the legal formalities provided by law in
such cases had been fully and faithfully performed and observed. Owner hereby
expressly waives every objection to the assessment, any limitation of the amount
thereof as a percentage of valuation and any right to defer or postpone payment of the
assessment. The assessment shall be paid by Owner within the time provided by
statute for the payment of special assessments for such Improvements.
The amount and proportion of the cost of the Improvements to be paid by Owner
shall be ascertained and determined by the Engineer and by it reported to the City
Council which shall make such changes or alterations as it may require, and when the
assessments are finally passed by the City Council and by it levied, they shall constitute
the assessments against the Property.
Notwithstanding the foregoing or anything in this Agreement to the contrary, it is
recognized that Owner and City are parties to a Development Agreement requiring,
among other things, Owner to construct certain Minimum Improvements (as defined in
the Development Agreement) on the Property made subject to this Agreement. In
recognition thereof, City agrees that so long as Owner timely completes the construction
of the required Minimum Improvements under the Development Agreement and is not
otherwise in default under the Development Agreement, as determined by City in its
sole discretion, the final assessment to be levied against the Property in respect of the
Improvements shall be reduced by the terms specified in the Development Agreement.
Owner hereby authorizes the City Council to pass any Resolution requisite or
necessary to order and construct the Improvements, to provide for the construction of
the Improvements and to make the assessments herein provided for, without further
notice to Owner, , and any such Resolution may contain recitals that the Improvements
are ordered or made by the City Council without petition of Owner, without in any way
qualifying this Petition or releasing Owner from its obligation to pay the assessments
levied against the Property for the cost of the Improvements and to issue improvement
bonds or other obligations payable out of the assessments.
Owner warrants that the Property is free and clear of all liens and encumbrances
other than for ordinary taxes, except for such liens as are held by lienholders hereinafter
listed and designated as signers of this Agreement (Lienholders), who by execution of
this Agreement consent to the subordination of their liens to the special assessment
liens herein described. Owner further agrees to subordinate the sale of any part of the
Property to the terms of this Agreement, and, upon failure to do so, to pay the full
amount of the assessment on demand. Each Lienholder designated below, by
execution of this Agreement, agrees and consents that its lien or liens shall be
subordinated to the lien of the assessments levied pursuant hereto.
Owner agrees that this Agreement shall be effective and binding from and after
the approval hereof by resolution of the City Council.
ATTEST:
By:
Dated this day of , 2010.
By:
Jeanne F. Schneider, City Clerk, CMC
CITY OF CIJBUQUE, IOWA
Owner:
Legal description of property to be assessed (the Property):
Lot 1 City Center Place #2 in the City of Dubuque, Iowa
The undersigned Owner and Lienholder agree to the terms of the attached Petition and
Waiver Agreement and agree to be bound thereby.
MID AMERICA HOLDINGS, LLC
By:
Its:
WITNESS:
LIENHOLDER:
SIGNATURE PAGE TO PETITION & WAIVER AGREEMENT
Mid America Holdings, LLC
By:
Printed Name:
Its:
Company:
WITNESS:
Date: U , 2010
PETITION AND WAIVER AGREEMENT
THIS PETITION AND WAIVER AGREEMENT (Agreement) is made and entered
into by and between the City of Dubuque, Iowa (City) and Mid America Holdings, LLC.
(Owner).
WITNESSETH:
WHEREAS, Owner owns the following property:
Lot 1 City Center Place #2 in the City of Dubuque, Iowa
(the Property); and
WHEREAS, City proposes to construct certain street and streetscape
improvements (the Improvements) in said City; and
WHEREAS, Owner desires that the Improvements be constructed to benefit its
properties and that special assessments be levied against the Property, the general
description and location of the Improvements being as follows:
Paving and streetscape of Washington Street from 9th to 11th
Streets, 10th Street from Elm to Jackson Street, and Jackson
Street from 7 to 11 Streets. The streets and streetscapes will be
reconstructed according to the Historic Millwork District Master Plan
adopted by Resolution 79 -09 on February 16, 2009.
NOW, THEREFORE, BE IT AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
As soon as practicable City shall have the right to cause the above described
Improvements to be constructed in accordance with such plans and specifications as it
shall deem appropriate. The construction of the Improvements shall be under the
supervision of an engineer to be selected by City (the Engineer).
For the purpose of this Agreement, City may elect to enter into contracts for the
construction of the Improvements as a part of any contract for a public improvement
project entered into prior to the receipt of this instrument as authorized by Section
384.41(2) of the Code of Iowa.
In consideration of the construction of the Improvements, Owner hereby waives
the public hearing on the adoption of the resolution of necessity and the mailing and
publication of notice thereof, and all other legal formalities of whatsoever kind or
character required by the laws of Iowa to be observed by cities in the construction of the
Improvements where the expense of such Improvements is to be assessed against the
Property. Owner expressly waives each and every question of jurisdiction, the intention
of the Owner being to authorize and direct City to construct the Improvements without
requiring any of the formalities or legal proceedings required of cities by the laws of
Iowa.
It is further agreed that when the Improvements have been constructed in
accordance with the plans and specifications, City may make assessments against the
Property for the entire cost of the construction of the Improvements, including the cost
of engineering, supervision, preparation of assessment schedule, and a ten percent
Default and Deficiency Fund as authorized by Section 384.44, Code of Iowa, and that
such assessments so made shall be a lien upon the Property; provided , however, that
the amount to be so assessed shall not exceed the amount set forth below, and Owner
hereby agrees to pay the amount as follows:
Private Street Donation Assessment
Public Street Assessment
Private Sanitary Sewer Assessment
Private Water Service Assessment
Total Assessment
$496,360.16
$0.00
$2,500.00
$15,000.00
$513,860.16
This amount shall be assessed against the Property, and the assessment shall
have the same legal force and effect as if all the legal formalities provided by law in
such cases had been fully and faithfully performed and observed. Owner hereby
expressly waives every objection to the assessment, any limitation of the amount
thereof as a percentage of valuation and any right to defer or postpone payment of the
assessment. The assessment shall be paid by Owner within the time provided by
statute for the payment of special assessments for such Improvements.
The amount and proportion of the cost of the Improvements to be paid by Owner
shall be ascertained and determined by the Engineer and by it reported to the City
Council which shall make such changes or alterations as it may require, and when the
assessments are finally passed by the City Council and by it levied, they shall constitute
the assessments against the Property.
Notwithstanding the foregoing or anything in this Agreement to the contrary, it is
recognized that Owner and City are parties to a Development Agreement requiring,
among other things, Owner to construct certain Minimum Improvements (as defined in
the Development Agreement) on the Property made subject to this Agreement. In
recognition thereof, City agrees that so long as Owner timely completes the construction
of the required Minimum Improvements under the Development Agreement and is not
otherwise in default under the Development Agreement, as determined by City in its
sole discretion, the final assessment to be levied against the Property in respect of the
Improvements shall be reduced by the terms specified in the Development Agreement.
Owner hereby authorizes the City Council to pass any Resolution requisite or
necessary to order and construct the Improvements, to provide for the construction of
the Improvements and to make the assessments herein provided for, without further
notice to Owner, , and any such Resolution may contain recitals that the Improvements
are ordered or made by the City Council without petition of Owner, without in any way
qualifying this Petition or releasing Owner from its obligation to pay the assessments
levied against the Property for the cost of the Improvements and to issue improvement
bonds or other obligations payable out of the assessments.
Owner warrants that the Property is free and clear of all liens and encumbrances
other than for ordinary taxes, except for such liens as are held by Iienholders hereinafter
listed and designated as signers of this Agreement (Lienholders), who by execution of
this Agreement consent to the subordination of their liens to the special assessment
liens herein described. Owner further agrees to subordinate the sale of any part of the
Property to the terms of this Agreement, and, upon failure to do so, to pay the full
amount of the assessment on demand. Each Lienholder designated below, by
execution of this Agreement, agrees and consents that its lien or liens shall be
subordinated to the lien of the assessments levied pursuant hereto.
Owner agrees that this Agreement shall be effective and binding from and after
the approval hereof by resolution of the City Council.
ATTEST:
By:
Dated this day of , 2010.
By:
Jeanne F. Schneider, City Clerk, CMC
CITY OF DUBUQUE, IOWA
Roy D. B oI, Mayor
Owner: Mid America Holdings, LLC
Legal description of property to be assessed (the Property):
Lot 1 City Center Place #2 in the City of Dubuque, Iowa
The undersigned Owner and Lienholder agree to the terms of the attached Petition and
Waiver Agreement and agree to be bound thereby.
MID AMERICA HOLDINGS, LLC
BY Li- vim- D a t e: c/ +!v , 2010
Its: 14 _ -- wv 2 . b0 rt
WITNESS: ,.-,cam C/4,-
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LIENHOLDER:
SIGNATURE PAGE TO PETITION & WAIVER AGREEMENT
By:
Printed Name:
Its:
Company:
WITNESS: