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Ice Harbor Urban Renewal District-Amended Development Agreement-Request for ApprovalCITY OF DUBUQUE,IOWA MEMORANDUM June 19,2000 The Honorable Mayor and City Council MembersTO: FROM:Michael C.Van Milligen,City Manager SUBJECT :Ice Harbor Urban Renewal District Site Planning will be an important element of the development of the Ice Harbor Urban Renewal District.All the parties generally have an idea of where the key elements of development will be located,such as the hotel,water park,and convention center .However,at this stage it is unclear specifically where the best place will be to build the Durrant office building. Durrant has asked for some additional language in the development agreement that allows them to make their final decision on whether or not to construct the building based on the results of the site planning process.They also do not think it is clear in the agreement that it is their choice whether they lease the two acres directly from the City or they sublease from Platinum Hospitality Group. I respectfully recommend that the Development Agreement be approved as amended with the attached replacement page,first it adds the introductory section to the last sentence before Subsection (a )of Section 3.1 (B),which reads, "Presuming that the study concludes favorably for the Durrant office building project,"AND secondly,it adds wording later in Section 3.1 (B)that makes the change on the option on the land lease as noted in the attachment. Michael C.Van Milligen City Manager MCVM/ksf Attachment Barry Lindahl,Corporation Counsel Tim Moerman,Assistant City Manager cc : million and associated proprietary parking which shall be constructed not later than twelve (12)months after the completion of the convention center and which shall be the location of the home or regional office of The Durrant Group.Presuming that the study Theconcludes favorably for the Durrant office building project,the construction of the office and commercial building by The Durrant Group is subject to the following conditions: (a)The Developer shall have constructed the hotel complex referred to in Sec.3.1A. (b)The City shall have constructed the convention center of 100,000 square feet or more. (c)The City shall have constructed sufficient parking for the proposed development. (d)The Durant Group shall have obtained commercially reasonable financing for the development and construction of the home/regional office. (e)The City Council determines that the office and commercial building is consistent with the Master Plan. Developer shall lease from the City two (2)acres upon substantially the same terms as the Lease for sublease to the Durrant Group for the home or regional office and proprietary parking as determined by the Durrant Group unless theGroup. two (2)acres directly from City upon substantially the same terms as the Lease. Furthermore,plans shall be submitted by Developer indicating the location of future expansions of the Minimum Improvements on the Property to provide 150 additional guest rooms,an 18,000 square foot addition to the water park and additional proprietary parking (the “Phase II Improvements”).Sufficient land to accommodate the Phase II Improvements shall be part of the initial lease area.The development of the Phase II Improvements shall not be required unless the following conditions are satisfied: (a)Developer obtaining commercially reasonable financing for the development and construction of the Phase II Improvements. (b)The occupancy average with respect to the hotel portion of the Minimum Improvements during any consecutive twenty-four (24)month period of operations of the hotel shall be at least 85%.Commencing the twenty-fifth (25th)month following the date Developer receives the certificate of completion from the City for the Minimum Improvements as provided in Section 3.4 below (the “Certificate of Completion Date”),and every month thereafter, Developer shall make the occupancy figures for the immediately preceding twenty-four (24) month period available to the City to review.The foregoing obligation to make available the 11 million and associated proprietary parking which shall be constructed not later than twelve (12)months after the completion of the convention center and which shall be the location of the home or regional office of The Durrant Group.Presuming that the study concludes favorably for the Durrant office building project,the construction of the office and commercial building by The Durrant Group is subject to the following conditions: (a)The Developer shall have constructed the hotel complex referred to in Sec.3.1A. (b)The City shall have constructed the convention center of 100,000 square feet or more. (c)The City shall have constructed sufficient parking for the proposed development. (d)The Durant Group shall have obtained commercially reasonable financing for the development and construction of the home/regional office. (e)The City Council determines that the office and commercial building is consistent with the Master Plan. Developer shall lease from the City two (2)acres upon substantially the same terms as the Lease for sublease to the Durrant Group for the home or regional office and proprietary parking as determined by the Durrant Group.The Durrant Group at its option,may lease these same two (2)acres directly from City upon substantially the same terms as the Lease. Furthermore,plans shall be submitted by Developer indicating the location of future expansions of the Minimum Improvements on the Property to provide 150 additional guest rooms,an 18,000 square foot addition to the water park and additional proprietary parking (the “Phase II Improvements”).Sufficient land to accommodate the Phase II Improvements shall be part of the initial lease area.The development of the Phase II Improvements shall not be required unless the following conditions are satisfied: (a)Developer obtaining commercially reasonable financing for the development and construction of the Phase II Improvements. (b)The occupancy average with respect to the hotel portion of the Minimum Improvements during any consecutive twenty-four (24)month period of operations of the hotel shall be at least 85%.Commencing the twenty-fifth (25th)month following the date Developer receives the certificate of completion from the City for the Minimum Improvements as provided in Section 3.4 below (the “Certificate of Completion Date”),and every month thereafter, Developer shall make the occupancy figures for the immediately preceding twenty-four (24) month period available to the City to review.The foregoing obligation to make available the 11