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Plastic Center, Inc._First Amendment to Development AgreementMasterpiece on the Mississippi Dubuque kitill Ai-Anita City hli ll! 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: First Amendment to Development Agreement with Plastic Center, Inc. DATE: September 27, 2011 Economic Development Director Dave Heiar recommends City Council approval of the First Amendment to the Development Agreement with Plastic Center, Inc. on the properties located at 426 W. 5th Street and 951, 955 and 957 Main Street in downtown Dubuque. The First Amendment to the Development Agreements extends the deadline for completion of construction from October 31, 2011 to April 30, 2012. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael 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 Department Dubuque kittll AN- America city 11111! 2007 SUBJECT: First Amendment to Development Agreement with Plastic Center, Inc. DATE: September 27, 2011 INTRODUCTION This memorandum presents for City Council consideration a Resolution approving a First Amendment to the Development Agreement on the properties located at 426 W. 5th Street and 951, 955 and 957 Main Street in downtown Dubuque. BACKGROUND City staff has worked with Plastic Center, Inc. to formulate a funding package to redevelop the properties located at 426 W. 5th Street and 951, 955 and 957 Main Street. Plastic Center, Inc. plans to invest $2,000,000 in redeveloping 951 -957 Main Street to include creating seven apartments for market -rate rental and maintaining the first floor as commercial space and creating four apartments in the building located at 426 W. 5th Street. The original Development Agreement was approved on February 7, 2011. The Development Agreement provides for several incentives to encourage redevelopment of the properties. The key elements of the Development Agreement include the following: 1) The project will receive up to $110,000 ($10,000 per residential unit) in incentives through the Downtown Housing Incentive Program. The City Council previously authorized this funding on July 19, 2010. 2) Plastic Center, Inc. will receive a 15 year TIF rebate in the form of a yearly tax rebates on the increased value of the assessable improvements. 3) A Downtown Rehabilitation Loan Program loan of $300,000 for the Main Street buildings. The expected year of funding this is FY2012, and was approved by the City Council on January 7, 2008. 4) Fa9ade and Planning and Design grants will also be made to the Main Street buildings. The expected year of funding these grants is FY2012, which was approved by the City Council on January 7, 2008. 5) Developer will spend at least $2 million to create 11 market -rate residential units on West 5th and Main Street. This renovation will include commercial space on the main floors of 951, 955 and 957 Main Street. DISCUSSION The proposed First Amendment to the Development Agreement provides for an extension of time to complete the Project. In the request for the extension, the Developer gave the following reasons for needing the extension; "We are working very hard on these buildings but we did hit a few snags that have set us back. For one, there were a number of structural issues that were not visible until we completed all the demolition. We also had to make some revisions as a result of ADA requirements and those changes needed approval from the State Historic Preservation Office." Redevelopment projects are more complicated and sometimes do require additional unanticipated work. The Developer has requested the construction completion date of October 31, 2011 be extended to April 30, 2012. This will extend the completion date for both the West 5th and Main Street renovations. RECOMMENDATION I recommend that the City Council approve the attached Resolution approving the First Amendment to the Development Agreement. ACTION STEP The action step for the City Council is to adopt the attached Resolution. F: \USERS\Econ Dev \Betty Jane Block \20110927 Plastic Center Approve DA 1st Amend Memo.doc Prepared /Return to: David Heiar, Economic Development, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4393 RESOLUTION NO. 334 -11 RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PLASTIC CENTER, INC. DEVELOPMENT AGREEMENT Whereas, a Development Agreement (the Agreement), dated February 7, 2011, was entered into by and between the City of Dubuque, a municipal corporation of the State of Iowa (City), and Plastic Center, Inc. (Developer); and Whereas, City and Plastic Center, Inc. now desire to amend the Development Agreement as set forth attached First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment of the Plastic Center, Inc. Development Agreement is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute said First Amendment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to implement the terms of the First Amendment as herein approved. Passed, approved and adopted this 3rd day of Octo • er, 2011. 0 Li Roy D. Buol, Mayor Attest: Kevin r., I 1 rnstahl, City Clerk F: \USERS \Econ Dev \Betty Jane Block\20111003 Plastic Center Reso first DA amend.doc FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND PLASTIC CENTER, INC. The First Amendment to the Development Agreement, dated for reference purposes the 3rd day of October' , 2011, is made and entered into by and between the City of Dubuque, Iowa (City) and Plastic Center, Inc. (Developer). Whereas City and Developer previously entered into a Development Agreement dated the 7th of February, 2011 (the Development Agreement); and Whereas the Development Agreement provides in Section 2.4 that the Minimum Improvements shall be complete by October 31, 2011. Whereas City and Developer have agreed to amend the Development Agreement to revise the completion date for the Project; and Whereas the parties desire to amend the Development Agreement to set forth such amendment in writing. THEREFORE, in consideration of the mutual terms and covenants contained herein, the parties agree as follows: 1. Section 2.4. Section 2.4 is hereby amended by striking such provision and in lieu thereof placing the following: Timing of Improvements.- Developer hereby agrees th—ta cons ruc ion of the Minimum Improvements on the Property shall be commenced within thirty (30) days after the Closing Date, and shall be substantially completed by April 30, 2012. The time frames for the performance of these obligations shall be suspended due to unavoidable delays meaning delays, outside the control of the party claiming its occurrence in good faith, which are the direct result of strikes, other labor troubles, unusual shortages of materials or labor, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion directly results in delays, or acts of any federal, state or local government which directly result in extraordinary delays. The time for performance of such obligations shall be extended only for the period of such delay. 2. Except as modified herein, the Development Agreement shall remain in full force and effect. CITY OF DUBUQUE, IOWA PLASTIC CENTER, INC. By Roy D. Buol Tony Pfohl Roy D. Buol Tony Phohl, Manager Mayor Attest: Kevin S. FirnstahI City Clerk F:\USERS \Econ Dev \Betty Jane Block120110927 Plastic Center First Amendment to DA.doc