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Engine House #1 LLC_Assignment of Development AgreementMasterpiece on the Mississippi Dubuque AN-America City 1 1 1 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Assignment of the Engine House #1 Development Agreement to Dubuque Bank & Trust CDC DATE: August 10, 2011 Economic Development Director Dave Heiar is recommending approval of the assignment of the Development Agreement between the City of Dubuque and Engine House #1, LLC, a subsidiary of Dubuque Initiatives, to Dubuque Bank & Trust Community Development Corporation to sell and rehabilitate the Engine House #1 building at 1805 Central Avenue which formerly housed the Housing Department offices. Leaving the building vacant is detrimental to this neighborhood. The proposed services that will be provided by both the Community Health Center and the Head Start program will greatly enhance the quality of life for this neighborhood. Substantial rehabilitation of this building will provide many benefits to this neighborhood. The City is ineligible for Historic Tax Credits and must turn Tong -term control over to a separate entity. Dubuque Initiatives originally agreed to take on the redevelopment project. However, Dubuque Bank & Trust CDC has offered to take on the project and is better suited for the project than Dubuque Initiatives. The project is pursuing Historic Tax Credits because there is a desire to rehabilitate the building to its historic condition much like it appeared when it was a fire station. This historic renovation will add some cost to the project which can be offset by receiving Historic Tax Credits. It is anticipated that this rehabilitation project will also serve as a potential stimulus to enhance the renovation of other buildings in this area. The original Development Agreement was approved with Engine House #1, LLC on June 6, 2011. I concur with the recommendation and respectfully request Mayor and City Council approval. Milligen illigen ael C. Van MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director 2 Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Director �. Dubuque AHmeiicaCity 2007 4'r ` SUBJECT: Assignment of the Engine House #1 Development Agreement to Dubuque Bank & Trust CDC DATE: July 27, 2011 INTRODUCTION This memorandum recommends approval of a resolution to assign a development agreement between the City of Dubuque and Engine House #1, LLC, as subsidiary of Dubuque Initiatives, to Dubuque Bank & Trust CDC to sell and rehabilitate the Engine House #1 building (18th Street) which formerly housed the Housing Department offices. BACKGROUND The Housing Department moved into their new offices at the Federal Building in 2008 and since that time their former offices on 18th Street have remained vacant. The Housing Department released an RFP for ideas on re- utilization of the facility. The Crescent Community Health Center and the Head Start program expressed an interest in leasing portions of the building. The building will need to be renovated to accommodate these tenants. The goal is to historically rehabilitate the building using historic tax credits as one of the revenue sources. To facilitate additional funding from the State and Federal Historic Tax Credit (HTC) programs, the building must be controlled by an entity eligible to receive HTCs. The original Development Agreement was approved with Engine House #1, LLC on June 6, 2011. DISCUSSION Leaving the building vacant is detrimental to this neighborhood. The proposed services that will be provided by both the Community Health Center and the Head Start program will greatly enhance the quality of life for this neighborhood. Substantial rehabilitation of this building will provide many benefits to this neighborhood. The City is ineligible for HTCs and must turn long -term control over to a separate entity. Dubuque Initiatives originally agreed to take on the redevelopment project. However, Dubuque Bank & Trust CDC has offered to take on the project and is better suited for the project than Dubuque Initiatives. The project is pursuing HTCs because there is a desire to rehabilitate the building to its historic condition much like it appeared when it was a fire station. This historic renovation will add some cost to the project which can be offset by receiving HTCs. It is anticipated that this rehabilitation project will also serve as a potential stimulus to enhance the renovation of other buildings in this area. Major elements of the proposed Development Agreement which is proposed to be assigned to Dubuque Bank & Trust CDC are as follows: • City will sell the building to Dubuque Bank & Trust CDC. for $1. • City will provide a zero percent interest loan for the rehabilitation expenditures. The initial loan will be for $1,550,000 and could be up to $1,700,000. • Dubuque Bank & Trust CDC will receive 15 years of Tax Increment Financing. • Dubuque Bank & Trust CDC is committing to using the loan proceeds to rehabilitate the building according to the U.S. Department of the Interior Secretary's Standards for Rehabilitation. • The building will be leased to the Community Health Center and the Head Start program. • The City will have separate agreements for service with the Community Health Center and the Head Start program (Operation New View) to help accommodate the services they will provide to the neighborhood. • Any net proceeds of tax credits, any developer fee, and net rent received for the project will be used to pay down the City's loan to the project. Additional terms and conditions of the sale of the property are included within the attached development agreement. Funding for the estimated $1,550,000 loan (potentially to $1,700,000) loan will be provided by $874,000 in DRA distribution funds, $13,000 from a grant from the Office of Energy Independence, $606,409 in short-term GO borrowing for a Federal and State Historic Tax Credit bridge loan, and the remaining $207,000 will be paid for through funds received from a recent land sale to Faley Properties, LLC in the Dubuque Industrial Center West. The Development Agreement requires the Developer to repay the Loan with receipts from the sale or rebate of Historic Tax Credits, Developer Fee, and net rent proceeds from the tenants. The following is a chart describing the sources of repayment of the loan to Dubuque Bank & Trust CDC: Amount Date Action Received Balance Outstanding 9/1/2011 Project Commencement $ 1,550,000 2/1/2012 Receipt of Federal HTCs $ 372,000 $ 1,178,000 3/1/2012 Receipt of Developer Fee $ 225,000 $ 953,000 5/1/2013 Est. Receipt of State HTCs $ 411,329 $ 541,671 * - the $541,671 will be paid through rents received from the tenants of the building over the terms of the leases P. RECOMMENDATION I recommend that the City Council approve the attached Assignment of the Development Agreement for the Former Housing Department Building to Dubuque Bank & Trust CDC for the purpose of rehabilitating the building for the Community Health Center and a Head Start center. ACTION STEP The action step for the City Council is to adopt the attached Assignment of Development Agreement. F: \USERS \Econ Dev \Engine House #1 \DA\20110727 Memo Dubuque Bank & Trust CDC.docx E® EE O❑ EMIR MEIN EINE EMI I ®LI ED APE u J i H- 301. A In IMP I ®I •iEMI III .ICI .�i�i1 11 ®u 'I IME I ®II Ham 0 IIIII • IwII 11111111 IIW ENGINEERS & Iii), SURVEYORS, P.C. EXPERTISE SOLUTIONS e+ rx»>x56wuou m TUXED 24 F. ns,)ufi.mN 1505 CENTRAL AVENUE CONDITION ASSESSMENT R ELEVATION tan MOW IIMINION� MOW WI THE CITY Or Dui Masterpiece on the Mississippi O[OGLAnN a:I Engine House No. 1 Subdivision 18th and Central Ri ht o W ate... DAGIS DU•UQOI All. GlOGMAaMK 110I01MAT,OM t15!* . Inform/10M nab compiled UznO to 0.1..U• Nea Ge.DraWuc Inhumation Sys!em ((MGM), winch Imbibes data created by Meta to City .t OUSACUe one O..w.. Cee.uy. It b .nd•rat••d tat, wane Ma city or Dubuque and •aMei•mwO a0•KMZ utph•0 to and .«brine zn(w.•UM. ayaa.M, DAG.S acre mz �zuyywnt de net Wirt* u. e< racy or currency of IMe M ler.wallan sr data contained Item) . TM City and pundit/Mine •.OMe)•S Mad net .• beta Male MM any meat, N•ract, mddanta1, o.apwnUal. omen*, m seeded d.ntayaz, *Meeal lerez.•a.ie et ,mror•ae• eda, amain" me et Ma a...aed e< a «cawed me el Mb M. •r to ma..My te u-e ltd data en out d any Meats or warranty wbatze•yar. 100 1 inch = 50 feet 50 0 Feet Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 ASSIGNMENT OF DEVELOPMENT AGREEMENT BETWEEN ENGINE HOUSE #1, LLC AND DUBUQUE BANK & TRUST COMPANY CDC This Assignment of Development Agreement is dated for reference purposes the 15trday of August , 2011, by and between Engine House #1, LLC (Assignor) and Dubuque Bank & Trust CDC (Assignee). WHEREAS, Assignor, as Developer, entered into a Development Agreement with the City of Dubuque (the Development Agreement), dated the _ day of , 2011; and WHEREAS, pursuant to the Development Agreement, Assignor was to purchase the real estate identified in the Development Agreement from the City of Dubuque on the terms set forth in the Development Agreement; and WHEREAS, Assignor and Assignee have agreed for Assignee to purchase the real estate identified in the Development Agreement, subject to the terms of the Development Agreement. NOW, THEREFORE, the parties agree: 1. FOR VALUE RECEIVED, and subject to the approval of the City of Dubuque, Assignor hereby assigns, transfers and sets over to Assignee all rights, title and interest held by Assignor in the Development Agreement. 2. Assignee hereby assumes and agrees to perform all the remaining and executory obligations of Assignor under the Development Agreement. 3. Assignor and Assignee hereby request the City of Dubuque to approve this Assignment of the Development Agreement from Assignor to Assignee. 4. Assignee will reimburse Assignor for costs incurred associated with the design and rehabilitation of the building. IN WITNESS WHEREOF, the parties have executed this Agreement as their free and voluntary act on the date referred to above. ENGINE HOUSE #1, LLC, ASSIGNOR ASSIGNEE By �. 080111 DUBUQUE BANK & TRUST CDC By: APPROVAL OF ASSIGNMENT BY THE CITY OF DUBUQUE, IOWA The City of Dubuque hereby approves the foregoing Assignment. By: Roy D. Buol, Mayor Attest: Ke in S. irns - hI, Acting ity Clerk F: \USERS \Econ Dev \Engine House #1 \DA\20110801 EngineHouse #1AssignmentOfDA.docx 2 STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this 15 day of A00105 , 2011,, before me, a Notary Public in and for the State of Iowa, persoally appeared itllta� -, ,. (,a..UaJr\an to me personally known, who being by me duly sworn did say that I�J111tam 14. acala.hcLrm is the Marna, 1ASMer\A--be-Cof Engine House # 1, LLC and that said instrument was signed on behalf of said limited liability company by authority of its members and the said Uutlkia.vn act acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by it voluntarily executed. Nota y Public in and for State of Iowa lu MARIE P KOERPERICH i ,A„, Commission Number 718845 M mrrission Expires ;o,,. CO 2.0 I I STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this J S day of rt u 5 t , . 2011, before me, a Notary Public in and for the State of Iowa, personal r appeared LDUr Ias T. *c,fstwrhLA to me personally known, who being by me duly sworn did say th 00t.kc Las S• Nor s is the prate i A t -t of said c.c,cpnA'c►o and tha said instrument was signed on behalf of said Cii c,440 by authority of its members and the said On,1 ►cam J . N.ai'4, — b.nc,�.,^ v. acknowledged the execution of said instrument to be the volun 'fary act and deed of said Inc' potr, oh , by it voluntarily executed. m . /o��r�i✓� Notary Public in and for State of Iowa 3 DIANN M. GUNS keliA COMMISSION N0 MY C WIRES ��"" as -A91