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Star Brew Amend Lease Roof Pro D~ ~<k~ MEMORANDUM " " , August 10, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment to Lease with Historical Star Redevelopment, LLC Star Brewery Building Roofing Project On March 16, 2004, the City Council entered into a one-year lease with Historical Star Redevelopment, LLC to complete preliminary rehabilitation of the Star Brewery building. The Phase 1 construction work will be completed in mid-August. On inspection of the work completed and through further discovery during the Phase 1 work, it became apparent that complete roof replacement should be considered prior to winter to protect the newly-repaired masonry and interior. Economic Development Director Bill Baum recommends City Council approval of an amendment to the Lease with Historical Star Redevelopment, LLC to extend an additional $210,000 in loan proceeds to complete roof replacement on the Star Brewery building. I concur with the recommendation and respectfully request Mayor and City Council approval. ~'}ll ~(i ill/f' ¡i; U'¡,t IJ--------- Mic ael c. Van Milligen - MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager William Baum, Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM August 9, 2004 FROM: Michael Van Milligen, City Manager William Baum, Economic Development Director1!p~ Amendment to Lease Agreement with Historical Star Redevelopment, LLC. for the Star Brewery Building Roofing Project TO: SUBJECT: INTRODUCTION This memorandum presents for City Council review and approval a Resolution authorizing an amendment to the Lease Agreement with Historical Star Redevelopment, L.L.C. to extend additional funds to complete roof replacement on the Star Brewery building under Phase 1 construction work. DISCUSSION On March 16,2004, the City Council entered into a one-year Lease Agreement with Historical Star Redevelopment, L.L.C. (a limited liability company of The Alexander Company) to complete preliminary rehabilitation of the Star Brewery building. The Phase 1 construction work, including environmental remediation, gutting the interior, complete tuckpointing of the exterior, interior sandblasting, removal of the red tin addition and certain structural repairs, will be completed mid-August. Kraemer Brothers has been the general contractor for that work. On inspection of the work completed and through further discovery during the Phase 1 work, it became apparent that complete roof replacement should be considered prior to winter to protect the newly repaired masonry and interior. The existing condition of the roof, especially with the heavy springtime rains, has deteriorated substantially more than initially anticipated. Kraemer Brothers has estimated that the complete roof replacement cost will not exceed $210,000. Rich Russell, Building Services Manager, has concurred that the estimate is reasonable for new EPDM roofing and insulation of all roof surfaces. Other aspects of the roof replacement project are identified in the attached letter dated July 27, 2004 from Kraemer Brothers. They anticipate a two-month construction period that will be easily accommodated before winter. RECOMMENDATION I would recommend the City Council approve the amendment to the Lease Amendment authorizing an additional $210,000 loan to Historical Star Redevelopment, L.L.C. to complete the additional rehabilitation work to the Star Brewery building. The existing loan agreement for Phase 1 construction work is $800,000 and will be increased to $1,010,000 subject to the same terms and conditions. The source of additional funding is UDAG funds of which $300,000 has previously been allocated in a CIP for this project. ACTION STEP The action step for the City Council is to adopt the attached Resolution. attachments F :IU S ERS\Pmyh re IWP DOCSILOAN DOC\Alexanderlroofamend ment mem, doc RESOLUTION NO. 324-04 AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE AGREEMENT WITH HISTORICAL STAR REDEVELOPMENT, L.L.C. FOR THE STAR BREWERY BUILDING Whereas, the City Council of the City of Dubuque, Iowa, after public hearing, duly entered into a one-year Lease Agreement with Historical Star Redevelopment, LLC. (Developer) for the Star Brewery Building; and Whereas, the Lease Agreement provides for a Loan Agreement with Developer in an amount of $800,000 to complete certain Phase 1 construction activities associated with the rehabilitation of the Star Brewery Building; and Whereas, additional rehabilitation work in an amount not to exceed $210,000 is needed in Phase 1 to secure the building roof system; and Whereas, a First Amendment to Lease Agreement, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of the increase in the loan amount to Developer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Lease Agreement by and between the City of Dubuque and Historical Star Redevelopment, LL.C., attached hereto, is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Dubuque, Iowa, the First Amendment to Lease Agreement. Passed, approved and adopted this 16th day of August 2004. Daniel E. Nicholson. Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk '/:?/:Z.:.-> . ~/ Á- J anne F. Schneider City Clerk F: IUS E RSIPmyh re IWPDOCSIL OANDOClAlexanderlroofamendment. res. doc FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND HISTORICAL STAR REDEVELOPMENT, LLC. THIS AMENDMENT (the "Amendment"), made and executed as of this - day of , 2004, by and between the CITY OF DUBUQUE, IOWA (the "Lessor") and HISTORICAL STAR REDEVELOPMENT, LLC. (the "Lessee"). WITNESSETH: WHEREAS, the above-identified parties have executed a certain Lease Agreement dated March 16, 2004 for the lease, redevelopment and use of certain real property located in the City of Dubuque, County of Dubuque, State of Iowa, namely, the Star Brewery Building (the "Property") which is more fully described as: Lot 2 of Riverwalk 5th Addition in the City of Dubuque; and WHEREAS, the Lease Agreement provided for a loan by City to Developer for the redevelopment of the Star Brewery Building; and WHEREAS, the parties desire to amend the Lease Agreement in order to increase the loan amount to complete roof replacement on the Star Brewery Building. NOW, THEREFORE, in consideration of the Lease Agreement, the foregoing recitals, the mutual covenants, terms and conditions hereinafter set forth and other valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the Lessor and Lessee do hereby agree to modify, amend and supplement the Lease Agreement, as follows: 1. Leqal Name of LLC. The parties hereby acknowledge and agree that any reference in the Lease Agreement to "Historic Star Redevelopment, L.L.C." shall be deemed to mean "Historical Star Redevelopment, L.L.C." 2. Exhibit "B" Minimum Improvements.. The parties hereby acknowledge and agree that Exhibit B shall be amended by adding "Complete Building Roof Replacement $210,000.00" to the list of Minimum Improvements with the "Total Preliminary Phase Cost" on Exhibit B amended to read "$1,010,000.00". 3. Exhibit "C" Description of Financial Assistance and Construction Assistance. The parties hereby acknowledge and agree that Exhibit C is amended to provide that the reference to "a Star Brewery Construction Loan of $150,000" shall be amended to read "$360,000" to reflect the additional $210,000 being funded for the complete building roof replacement. 4. Exhibit C.1 CDBG Commercial/Industrial Buildinq Rehabilitation Loan Aqreement Number: CDBG #1-04. The parties hereby acknowledge and agree that the reference in Section 1 of the Loan Agreement to "one hundred fifty thousand dollars ($150,000)" shall be amended to read "three hundred sixty thousand dollars ($360,000)" to reflect the additional $210,000 being funded for the complete building roof replacement. All other references to "eight hundred thousand dollars ($800,000)" or "$800,000" in the Loan Agreement shall be amended to read "one million ten thousand dollars ($1,010,000)" or "$1,010,000" to reflect the additional $210,000 being funded for the complete building roof replacement. 5. Ratification and Reaffirmation. The parties hereby ratify and reaffirm all terms and conditions of the Lease Agreement which are not expressly modified, amended or supplemented herein and acknowledge and agree that the Lease Agreement, as modified, amended and supplemented hereby, shall be and hereby is reinstated and shall continue in full force and effect for the duration and the extent therein provided. IN WITNESS WHEREOF, the parties have caused this First Amendment to Lease Agreement to be executed by their respective duly authorized officers or representatives as of the date and year first above written. CITY OF DUBUQUE, IOWA (the "Lessor") HISTORICAL STAR REDEVELOPMENT, LLC. (the "Lessee") by: Terrance M. Duggan, Mayor by: Randall P. Alexander, Managing Member Attest: Jeanne F. Schneider, City Clerk F :IUS E RS\Pmyh re IWPDOCSILOAN DOC\Alexa nde ~roofamend 1 .doc