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Housing Enterprise Zone Prog Agree Washington Ct Project 5~~~JE ~ck~ MEMORANDUM August 29, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Housing Enterprise Zone Program Agreement #05-HEZ-053 for the Washington Court Project Economic Development Director Dave Heiar recommends City Council approval of a Housing Enterprise Zone Program Agreement for Community Housing Initiatives for the Washington Court Project, which will provide 36 new housing units in an historic building in the Washington Street neighborhood. The City has authorized a $200,000 CDBG loan to this project and the project will also qualify for Urban Revitalization tax abatement. There is no additional commitment within the agreement of any further City assistance. I concur with the recommendation and respectfully request Mayor and City Council approval. t,,14;,;J1l Mic ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager David Heiar, Economic Development Director ..- t~"\ ,J r " -" \ ,~/ ---'~- CITY OF DUBUQUE, IOWA MEMORANDUM August 19, 2005 TO: Michael Van Milligen, City Manager FROM: David Heiar, Economic Development Director~\ SUBJECT: Housing Enterprise Zone Program Agreement #05-HEZ-053 for the Washington Court Project INTRODUCTION This memorandum presents for City Council approval a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development (IDED), the City and Community Housing Initiatives for the Washington Court project. The City Council is requested to adopt a resolution approving the agreement. BACKGROUND On June 27, 2005, the City Enterprise Zone Commission approved an application to IDED on behalf of Community Housing Initiatives for Housing Enterprise Zone benefits related to the redevelopment of the 1700 block of Washington Street, the former Dubuque Casket Company building. Local developer John Gronen is a partner in this project. IDED approved the application on July 9,2005. DISCUSSION Attached to this memorandum is a resolution that provides for the approval of the agreement (also attached) for Housing Enterprise Zone benefits for the project. The resolution authorizes and directs the Mayor to execute the agreement on behalf of the City. The agreement outlines the State benefits that will accrue to the housing developer. The project will provide 36 new housing units in a historic building in the Washington Street neighborhood and have an estimated capital investment of $5,368,870 in Enterprise Zone 2. The City has authorized a $200,000 CDBG loan to this project and it will also qualify for Urban Revitalization tax abatement. RECOMMENDATION I recommend that the City Council approve the attached Housing Enterprise Zone Program Agreement for Community Housing Initiatives for the Washington Court project by adopting the attached resolution. There is no additional commitment within the agreement of any further City assistance, ACTION STEP The action step for the Council is to adopt the attached resolution. attachments F:\USERSIPmyhre\WPDOCS\EZ\Gro nen\CONTRACT,MEM,doc - , , ~ RESOLUTION NO. 405-05 RESOLUTION APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF DUBUQUE AND COMMUNITY HOUSING INITIATIVES FOR THE WASHINGTON COURT PROJECT. Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise Zone Commission; and Whereas, the Enterprise Zone Commission on June 27, 2005 approved the application of Community Housing Initiatives for Housing Enterprise Zone benefits for the Washington Court project; and Whereas, Community Housing Initiatives' application for the Washington Court project was approved by the Iowa Department of Economic Development on July 9,2005; and Whereas, the Iowa Department of Economic Development has prepared and submitted for City Council approval an agreement relating to Housing Enterprise Zone benefits for Community Housing Initiatives (Washington Court) a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement is acceptable and necessary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Economic Development Housing Enterprise Zone Program Agreement, #05-HEZ-053, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Economic Development for their approval. Passed, approved and adopted this 6th day of September 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk F:\USERS\Pmyhre\WPDOCS\EZ\WASHINGTON COURT\CONTRACT.res.doc . ) , ., IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT EZ AGREEMENT NUMBER: APPLICATION APPROVAL DATE: 05-HEZ-053 July 9, 2005 July 9, 2005 AGREEMENT EFFECTIVE DATE: ENTERPRISE ZONE NAME: ZONE CERTIFICATION DATE: ZONE EXPIRATION DATE: Dubuque County, Dubuque EZ-2 December 16, 2004 December 16, 2014 THIS ENTERPRISE ZONE AGREEMENT is made by and among the Iowa Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa 50309 ("Department" or "IDED"), City of Dubuque, City Hall, 50 W 13th ST, Dubuque, IA 52001, ("Community") and Community Housing Initiatives, PO Box 473, 14 West 21st St., STE 3, Spencer, IA 51360, ("Housing Business"). WHEREAS, the purpose of the Enterprise Zone Program is to promote new economic development in economically distressed areas; and WHEREAS, the Community has designated and the Department has certified the Enterprise Zone identified above; and WHEREAS, eligible housing businesses with projects located in a certified Enterprise Zone are authorized under this program to receive certain tax incentives and assistance; and WHEREAS, the Enterprise Zone Commission responsible for the above-identified Zone has recommended approval and the Department has found the Housing Business' application to be consistent with the Act's eligibility requirements; and NOW THEREFORE, in consideration of the mutual promises contained in this Agreement and other good and valuable consideration, it is agreed as follows: ARTICLE I DEFINITIONS As used in this Agreement, the following terms shall apply: 1.1 "Act" means 2003 Iowa Code sections 15E.191 through 15E.196 as amended by 2003 Iowa Acts, Senate File 441 and House File 576. 1.2 "Administrative Rules" means 261 Iowa Administrative Code, chapter 59. 1.3 "Aareement Effective Date" means the date this Agreement becomes effective and the Housing Business is authorized to receive program benefits. 1.4 "Aareement Expiration Date" means the date this Agreement ceases to be in force and effect. This Agreement shall remain in effect untillDED receives written verification that all 36 units have been certified for occupancy. 1.5 ''Application Approval Date" means the date, as identified above, on which the Director or Director's designee of the IDED approved the Housing Business' Enterprise Zone application. 1.6 "Board" means the IDED Board. HEZ Format revised 7/2002 'l . ". EZ Agreement # 05-HEZ-053 Page 2 1.7 "Commission" or "Entemrise Zone Commission" means the Enterprise Zone commission established by the Community responsible for the certified Enterprise Zone. 1.8 "DRF" means the Iowa Department of Revenue and Finance. 1.9 "Entemrise Zone" means the site within the Community certified by the Board for the purpose of attracting private investment. 1.10 "Pro;ect" means the activity, or set of activities, described in this Agreement and the Enterprise Zone application approved by IDED. 1.11 "Proiect Completion" means the date of completion of construction or if this Project involves rehabilitation, the date all improvements included in the Project are completed. ARTICLE II ENTERPRISE ZONE BENEFITS 2.1 Benefits. The following Enterprise Zone benefits authorized by the Act and IDED administrative rules are available to the Housing Business under this Agreement: (a) Investment Tax Credit. The Housing Business may claim an investment tax credit up to a maximum of 10 percent of the new investment which is directly related to the building or rehabilitating of the units stated in Article IV, Section 4.1 of this Agreement. New investment which is directly related to the building or rehabilitating units includes the following costs: land, surveying, architectural services, building permits, inspections, interest on the construction loan, building materials, roofing, plumbing materials, electrical materials, amounts paid to subcontractors for labor and materials provided, concrete, labor, landscaping, appliances normally provided with a new home, heating and cooling equipment, millwork, drywall and drywall materials, nails, bolts, screws, and floor coverings. New investment does not include the machinery, equipment, hand or power tools necessary to build or rehabilitate homes. The new investment that may be used to compute the tax credit shall not exceed the new investment used for the first one hundred forty thousand dollars of value for each unit. In determining the tax credit, new investment financed through federal, state, and local government tax credits, grants, and forgivable loans shall not be included. The tax credit may be used to reduce tax liabilities imposed under Iowa Code chapter 422, Division II, Division III or Division V or under Iowa Code chapter 432. Any credit in excess of the tax liability for the tax year may be credited to the tax liability for the following seven years or until depleted, whichever occurs earlier. If the business is a partnership, subchapter S corporation, limited liability company, or estate or trust electing to have the income taxed directly to the individual, an individual may claim the tax credit allowed. The amount claimed by the individual shall be based upon the pro-rata share of the individual's earnings of the partnership, subchapter S corporation, limited liability company, or estate or trust. (b) Refund Of Sales. Service And Use Taxes Paid To Contractors Or Subcontractors. The Housing Business is eligible for a refund of sales, service and use taxes paid by an eligible business, including an eligible business acting as a contractor or subcontractor as authorized in Iowa Code section 15.331 A. (i) The Housing Business may apply for a refund of the sales and use taxes paid under Iowa Code chapters 422 and 423 for gas, electricity, water or sewer utility services, goods, wares, or merchandise, or on services rendered, furnished, or performed to or for a contractor or subcontractor and used in the fulfillment of a written contract relating to the construction or rehabilitation of the units within the Enterprise Zone. (ii) Taxes attributable to intangible property and furniture and furnishings shall not be refunded. Format revised 7/2002 ) . l . I EZ Agreement # 05-HEZ-053 Page 3 To receive a refund of the sales, service and use taxes paid to contractors or subcontractors, the Housing Business must, within one year after Project Completion, make an application to the DRF. 2.2 Duration Of Benefits. The Enterprise Zone designation shall remain in effect for ten years following the date of certification. Any state incentives or assistance that may be conferred must be conferred before the designation expires. However, the benefits of the incentive or assistance may continue beyond the expiration of the Enterprise Zone designation. ARTICLE III REPRESENTATIONS AND WARRANTIES OF BUSINESS To induce the Department and the Community to authorize Enterprise Zone benefits referred to in this Agreement, the Housing Business represents, covenants and warrants that: 3.1 Authoritv. The Housing Business is a corporation duly organized and validly existing under the laws of its state of incorporation and is in good standing, and has complied with all applicable laws of the State of Iowa. The Housing Business is duly authorized and empowered to execute and deliver this Agreement. All action on the Housing Business' part (e.g. where required, appropriate resolution of its Board of Directors) for the execution and delivery of this Agreement, has been effectively taken. 3.2 Business Information. All written financial statements and related materials concerning the Housing Business and the Project provided to the Department and the Community are true and correct in all material respects and completely and accurately represent the subject matter thereof as of the effective date of the statements and related materials, and no material adverse change has occurred since that date. 3.3 Application. The contents of the application the Housing Business submitted to the Department for Enterprise Zone program benefits (Attachment A) is a complete and accurate representation of the Housing Business and the Project as of the date of submission and there has been no material adverse change in the organization, operation, business prospects, fixed properties or key personnel of the Housing Business since the date the Housing Business submitted its application to the Department. 3.4 Claims And Proceedinas. There are no actions, lawsuits or proceedings pending or, to the knowledge of the Housing Business, threatened against the Housing Business affecting in any manner whatsoever its rights to execute this Agreement or to otherwise comply with the obligations of the Housing Business contained under this Agreement. There are no actions, lawsuits or proceedings at law or in equity, or before any governmental or administrative authority pending or, to the knowledge of the Housing Business, threatened against the Housing Business or affecting the Housing Business' ability to proceed with the Project. 3.5 Permits. All necessary permits have been issued or will be applied for in a timely manner with reasonable expectation that they will be issued. ARTICLE IV CONDITIONS TO RECEIPT OF ENTERPRISE ZONE BENEFITS The Enterprise Zone Benefits authorized under Article II of this Agreement are available to the Housing Business provided the Housing Business, (and where applicable, the Community) satisfies each of the following conditions: 4.1 Build or Rehabilitate. The Housing Business must rehabilitate 36 multi-fammily units in the Dubuque EZ-2 Enterprise Zone. 4.2 Modest Homes. The single-family homes and dwelling units which are rehabilitated or constructed by the Housing Business shall be modest homes or units, but shall include the necessary amenities. When completed and made available for occupancy, the single-family homes and dwelling units shall meet the United Sates Department of Housing and Urban Development's housing quality standards and local safety standards. Format revised 712002 ') 'I EZ Agreement # 05-HEZ-053 Page 4 4.3 Completed within Two Years. The Housing Business shall complete its building or rehabilitation within two years from the time the Housing Business begins construction or rehabilitation of the units described in Section 4.1. 4.4 Records And Accounts. The Housing Business shall maintain information, books, records, documents and other evidence concerning the Project, in sufficient detail to permit the Department and the Community to assess compliance with the terms of this Agreement. The Housing Business shall retain the aforementioned records for a period of three (3) years from the Agreement Expiration Date. 4.5 Access To Records/Inspections. The Housing Business shall, upon prior reasonable notice and at any time (during normal business hours), permit the Community and its representatives and the Department, its representatives or the State Auditor to examine, audit and/or copy: (i) any plans and work details pertaining to the Project, (ii) all of the Housing Business' books, records and accounts relating to the Project, and (iii) all other documentation or materials related to this Agreement. The Housing Business shall provide proper facilities for making such examination and/or inspection. Records of the Housing Business furnished to the Department in connection with this Project are subject to the provisions of Iowa Code chapter 22 and administrative rules adopted by the Department concerning public records and requests for confidential treatment of records. 4.6 Notice Of Proceedinas. The Housing Business shall promptly notify the Community and IDED of the initiation of any claims, lawsuits, bankruptcy proceedings or other proceedings brought against the Housing Business which would adversely impact the Project. 4.7 Reports; Community Monitorina/Reportina. (a) The Housing Business shall prepare, sign and submit the following reports: Report Due Date Annual Certification January 30 The Housing Business shall, for the length of its designation as an Enterprise Zone business, certify annually to the Community and the Department its compliance with the requirements of the Act. The Housing Business shall use the form provided by the Department for its annual certification. Documentation of compliance with the conditions detailed in Article IV shall be included with the annual certification. 4.8 Notice Of Business Chanaes. The Housing Business shall provide prompt advance notice to the Community and the Department of any proposed change in the Housing Business ownership, structure or control which would materially and directly affect the Project. ARTICLE V DEFAULT AND REPAYMENT 5.1 Events Of Default. Enterprise Zone benefits described in Article II are only available to the Housing Business to the extent the Housing Business satisfies the conditions described in Article IV. Any of the following shall constitute an Event of Default under this Agreement: (a) Material Misrepresentation. If at any time any representation, warranty or statement made or furnished to the Department or the Community by, or on behalf of, the Housing Business in connection with this Agreement shall be determined by the Department to be incorrect, false, misleading or erroneous in any material respect when made or furnished. Format revised 7/2002 ") . l EZ Agreement # 05-HEZ-053 Page 5 (b) Breach Of Aqreement. If there is a failure of the Housing Business to comply with any of the covenants, terms or conditions contained in this Agreement. (c) Relocation Or Abandonment. If there is an abandonment of the Project and the Housing Business fails to renew the Project within the Enterprise Zone within 30 days. If the relocation or abandonment is due to a natural disaster (e.g. flood, tornado), the Housing Business shall have 120 days to renew the Project within the Enterprise Zone. (d) Insolvencv Or Bankruptcv. If the Housing Business becomes insolvent or bankrupt, or admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors, or the Housing Business applies for or consents to the appointment of a trustee or receiver for the Housing Business or for the major part of its property; or if a trustee or receiver is appointed for the Housing Business or for all or a substantial part of the assets of the Housing Business and the order of such appointment is not discharged, vacated or stayed within sixty (60) days after such appointment; or if bankruptcy, reorganization, arrangement, insolvency, or liquidation proceedings or other proceedings for relief under any bankruptcy or similar law or laws for the relief of debtors, are instituted by or against the Housing Business and, if instituted against the Housing Business, is consented to, or, if contested by the Housing Business is not dismissed by the adverse parties or by an order, decree or judgment within sixty (60) days after such institution. 5.2 Notice Of Default. (a) From Department. If, through the annual certification report or other means, the Department has reason to believe the Housing Business is in default of the terms of this Agreement, the Department will issue a written notice of default to the Housing Business, setting forth the nature of the default in reasonable specificity, and providing therein a reasonable period of time, which shall not be less than 30 days from the date of the notice of default, in which the Housing Business shall have an opportunity to cure, provided that cure is possible and feasible. A copy of any Notice of Default will also be provided to the Community and DRF. (b) From Communitv. If, through monitoring, auditing or other means, the Community has reason to believe the Housing Business is in default of the terms of this Agreement, the Community will issue a written notice of default to the Housing Business, setting forth the nature of the default in reasonable specificity, and providing therein a reasonable period of time,=which shall not be less than 30 days from the date of the notice of default, in which the Housing Business shall have an opportunity to cure, provided that cure is possible and feasible. A copy of any Notice of Default will also be provided to the Department and DRF. 5.3 Repavment; Loss of Benefits. (a) Failure to meet/maintain reauirements. If the Housing Business fails in any year to meet or maintain anyone of the requirements of the Act, the Housing Business shall repay the value of the incentives received for each year during which it was not in compliance. (b) DRF recoverv. Once it has been established, through the Housing Business' annual certification, monitoring, audit or otherwise, that the Housing Business is required to repay all or a portion of the incentives received, the DRF shall collect the amount owed. DRF has the authority, pursuant to the Act, to recover the value of state taxes or incentives provided under the Act. The value of state incentives provided under the Act includes applicable interest and penalties. ARTICLE VI GENERAL TERMS AND PROVISIONS 6.1 Compliance With Laws And Reaulations. The Housing Business shall comply with all applicable State and federal laws, rules (including the administrative rules adopted by the Department for the Enterprise Zone Program - 261 Iowa Administrative Code, chapter 59), ordinances, regulations and orders. Format revised 7/2002 . , . , EZ Agreement # 05-HEZ-053 Page 6 6.2 Termination. This Agreement may be terminated by the Department or the Community: (a) in the event of an unremedied material Event of Default by the Housing Business under Article V of this Agreement; or (b) by mutual agreement of all parties. 6.3 Survival Of Aareement. If any portion of this Agreement is held to be invalid or unenforceable, the remainder shall be valid and enforceable. 6.4 Governina Law. This Agreement shall be interpreted in accordance with the law of the State of Iowa, and any action relating to this Agreement shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern District of Iowa. 6.5 Modification. This Agreement may only be modified by a written document signed by all Parties. 6.6 Notices. Whenever this Agreement requires or permits any notice or written request by one party to another, it shall be in writing, enclosed in an envelope, addressed to the party to be notified at the address heretofore stated (or at such other address as may have been designated by written notice), properly stamped, sealed and deposited in the United States Mail. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or three (3) business days after posting. The Department may rely on the addresses of the Housing Business and Community set forth heretofore, as modified from time to time, as being the addresses of the Community and Housing Business. 6.7 Waivers. No waiver by a party of any Event of Default hereunder shall operate as a waiver of any other Event of Default or of the same Event of Default on any future occasion. No delay on the part of a party in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by a party shall preclude future exercise thereof or the exercise of any other right or remedy. 6.8 Headinas. The headings in this Agreement are intended solely for convenience of reference and shall be given no effect in the construction and interpretation of this Agreement. 6.9 Intearation. This Agreement contains the entire understanding between the Community, Housing Business and the Department and any representations that may have been made before or after the signing of this Agreement, which are not contained herein, are nonbinding, void and of no effect. None of the parties have relied on any such prior representation in entering into this Agreement. 6.10 Counteroarls. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 6.11 reference: Documents Incoroorated Bv Reference. The following documents are hereby incorporated by (a) (b) Attachment A, "Housing Business' Enterprise Zone Application." Attachment B, "Enterprise Zone Commission Resolution Approving the Housing Business' Enterprise Zone Application." 6.12 Order Of Priority. In the event of a conflict between documents of this Agreement, the following order of priority shall govern: (a) Articles 1 through 6 herein. (b) Attachment A, "Housing Business' Enterprise Zone Application." (c) Attachment B, "Enterprise Zone Commission Resolution Approving the Housing Business' Enterprise Zone Application." IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date first stated: Format revised 7/2002 . . EZ Agreement # 05-HEZ-053 Page 7 FOR THE COMMUNITY: City of Dubuque FOR IDED: Signature Michael Miller, Investment Management Type or Print Name, Title FOR THE HOUSING BUSINESS: Community Housing Initiatives Signature Type or Print Name, Title Format revised 7/2002 " ATTACHMENT A Housing Business' Enterprise Zone Application HEZ Format revised 7/2002 . , IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT APPLICATION for ENTERPRISE ZONE BENEFITS Housing Development r r P'~-"" 0- ;'1:;;.1" I. 't' JLHJ 2 9 2u05 Washington Court Apartments Dubuque Casket Co. Building Iowa Department of Economic Development Division of Business Development 200 East Grand Avenue Des Moines, Iowa 50309 APRIL 2002 INTENT: The Enterprise Zone Program was established by the Iowa Legislature with the intent of promoting new economic development in economically distressed areas of Iowa by encouraging communities to target resources in ways that attract productive private investment. PROJECT INITIATION: Projects that have already been initiated before receiving formal application approval by the Iowa Department of Economic Development shall not be eligible for tax incentives and assistance under this program. "Project initiation" means anyone of the following: the start of construction of new or expanded buildings; the start of rehabilitation of existing buildings; the purchase or leasing of existing buildings; or the installation of new machinery and equipment or new computers to be used in the operation of the business' project. The purchase of land or signing an option to purchase land or earth moving or other site development activities not involving actual building construction, expansion or rehabilitation shall not constitute project initiation. GENERAL INSTRUCTIONS 1. If more than six months has elapsed since the date on the front of this application, please contact IDED to see if this version of the application is still current. 2. Before filling out this application form, please read Iowa Code Sections 15E.l91 through 15E.196, as amended and the Enterprise Zone administrative rules. 3. Only typed or computer-generated applications will be accepted and reviewed. (Contact the IDED to have an electronic copy of this application e-mailed to you.) Anv material change to the format, questions or wording of questions presented in this application, will render the application invalid and will not be accepted. 4. Complete the application fully; if any questions are left unanswered or required attachments are not submitted, an explanation must be included. 5. Use clear and concise language. Attachments should only be used when requested or as supporting documentation. 6. Any inaccurate information of a significant nature may disqualify the application from consideration. 7. Send the original plus two copies of the completed application form and all required attachments to: Kent Powell Housing Fund Compliance Specialist Iowa Department of Economic Development 200 East Grand Avenue Des Moines, Iowa 50309 Phone: (515) 242-4786 Fax: (515) 242-4809 E-mail: kent.powell@ided.state.ia.us It is not necessary to bind the application and/or the required attachments. Staples and/or binder clips may be utilized. Please provide photocopies of any documents, which in their original form, IDED would not be able to 2-hole punch for purposes of creating the applicant's file. 1 April 2002 PUBLIC RECORDS POLICIES The Iowa Department of Economic Development (IDED) is subject to the Open Records law (2001 Iowa Code, Chapter 22). Treatment of information submitted to IDED in an Enterprise Zone application is governed by the provisions of the Open Records law. All public records are available for public inspection. Some public records are considered confidential and will not be disclosed to the public unless ordered by a court, the lawful custodian of the record, or by another person duly authorized to release the information. Copies ofIowa's Open Records law and IDED's administrative rules relating to public records are available from the Department upon request. APPLICANT INFORMATION Name of Housing Business: Washington Court, L.P. Contact Name & Title: Doug LaBounty, President, Community Housing Initiatives, Inc. Address: PO Box 473,14 West 21st Street City, State & Zip Code: Spencer, IA 51301 Telephone: 712.262.5965 Fax: 712.262.1192 J~PI Of ECOf';:OM~C E-mail Address:dlchi@longlines.com jUN 2 9 2005 Taxpayer Identification No.: 20-1845756 Local Enterprise Zone Commission Enterprise Zone Commission Name: Dubuque Enterprise Zone Commission Contact Name & Title: Pamela Myhre, Economic Development Planner Organization: City of Dubuque, Iowa Address: City Hall, 50 W.13th Street City, State & Zip Code: Dubuque, IA 52001 Telephone: 563.589.4393 Fax: 563.589.1733 E-mail Address: pmyhre@cityofdubuque.org 2 April 2002 CERTIFICATION & RELEASE OF INFORMATION I, the undersigned, on behalf of the Housing Business identified above, hereby submit the following application under Iowa Code Sections 15E.191 through 15E.196. I certify that the Housing Business is in good standing, and has complied or will upon receipt of approval by the Department, with all applicable laws of the State of Iowa to conduct business within the State. I certify that all information, representations, or statements provided to the Iowa Department of Economic Development (IDED), in connection with this application, are true and correct in all material respects. I certify and understand that in order to receive benefits under the Enterprise Zone Program that the project described in this application has not been initiated and that the project will not be initiated until the business receives final approval of this application from the IDED. I hereby give permission to IDEO to make credit checks. contact the company's financial institution(s),and perform other related activities necessary for reasonable evaluation of this application. I understand this application is subject to final approval by the Department and am aware that Enterprise Zone benefits are not available until final Department approval is secured and an agreement is executed with the Housing Business, IDED and the Community, within a reasonable time period following approval. This application will be used as the basis for the Enterprise Zone agreement. ~~. + Doug LaBounty. President of Community Housin2 Initiatives. Inc.. General Partner Print name and title 5"-3-0.0 Date For the Enterprise Zone Commission; r a~_~-/ {iJ~ Signature, Title K,ebo.rj Sk: n Print name and title {ik.~,.. to. rJ7-tJS' Date 3 April 2002 APPLICATION INFORMATION 1. Please provide a brief description of the proposed housing development project. Conversion of the upper floors of the historic "Dubuque Casket Company" building, located at 1798 Washington Street, into 36 rental units. The rehabilitation will be completed in accordance with standards issued by the National Park Service. Construction will begin in the summer of 2005 and be completed late in 2006. 2. In which Enterprise Zone will this project occur (include the zone's name, number, size in acres, and date certified)? EZ-2; 376 acres; 12-16-04 IDED approved expansion of this zone; expires 4/15/08 3. Does the project involve new construction or rehabilitation? Rehabilitation 4. How many single-family homes or multi-family units are proposed? 36 5. What will be the per unit value of the housing? Estimated appraised value of the completed units is $40,000 per unit. 6. The single family homes or multi-family units being constructed or rehabilitated must be modest homes or units and include the necessary amenities. Please explain how the proposed project will satisfy this requirement? The project's amenities will be typical as compared to other recent rental housing developments. Amenities include onsite parking, community room, laundry facilities, elevator and central air conditioning. 7. Will the project meet U.S. Department of Housing and Urban Development Housing Standards and applicable local codes? Yes. 8. What is the current status of the project? When is construction scheduled to begin? What is the anticipated project completion date? The project received awards of Low Income Housing Tax Credits and HOME funds in March. We are currently negotiating the terms of the equity investment and bank financing. Construction should begin the summer of 2005 and be completed late in 2006. 4 April 2002 . . 9. Attach a legal description of the business site on which the project will occur. Attached. 10. Attach a detailed map (no larger than 8" x 14") showing the housing development site in relation to the boundaries of the certified Enterprise Zone. Attached. 11. Is any part of the project located in a 100-year flood plain? No 12. Please indicate the total capital investment that will be made as the result of this project? Description of Capital Expenditure Amount Building and Land Acquisition $575,000 Construction $3,562,000 Developer, Architect, Engineer, Consultant Fees $840,000 Soft Costs $276,870 Operating and Lease-Up Reserve $115,000 Total $5,368,870 13. Please identify the sources of project financing that will be utilized and the amount of the financing. (The total amount of the financing should equal the total expenditures in Question #12.) Source of Project Financing Amount Bank Financing $565,870 IDED Housing Fund $800,000 City of Dubuque - CDBG $200,000 JI - Developer and Investor Equity $3,604,000 - 4\- -;) rfiJ,fJV v rJf Sales Tax Rebate and Ent Zone Equity $199,000 Total $5,368,870 P-t, ..~.tS ~ 11) .,(~,,(Iff 14. For purposes of determining the amount of investment tax credits the housing business may receive, the Iowa Department of Economic Development cannot include capital expenditures financed through federal, state, and local government tax credits, grants and forgivable loans. Based on this information, what portion of your total capital investment (identified in Question #12) will be eligible for the investment tax credit? $1,824,870 (estimated) 15. Please attach a long-term plan for the proposed housing development project including labor and infrastructure needs. Attached. 5 April 2002 . . . 16. What economic benefits will the project bring to the area? In addition to the economic impact of the construction related activity, the project represents an important investment in an area targeted by local officials for revitalization. 17. Explain why the proposed project would be considered a good housing development project. The project addresses three important issues. First, the building will be an addition to Dubuque's exemplary stock of historical structures. Second, the project adds needed affordable rental housing. Finally, as previously discussed, the project's neighborhood is target for revitalization by local officials. 18. Please attach an affidavit that states the Housing Business has not, within the last five years, violated state or federal environmental and worker safety statutes, rules, and regulations or, if such violations have occurred, that there were mitigating circumstances or such violations did not seriously affect public health or safety or the environment. Attached. 19. Explain why Enterprise Zone Benefits are needed in order for the project to proceed. While the Enterprise Zone benefits may seem inconsequential to the overall $5.3 million budget, both the tax rebate and tax credits represent critical gap financing needed by the project. The amount of the bank loan cannot be increased due to the rent restrictions on the project. 20. Please indicate the amount of Enterprise Zone tax benefits being requested for this project. State Sales, Service, and Use Tax Refund: $63.000 Investment Tax Credit: $182.487 ($136.00 equity to proiect 21. Please list any additional requirements adopted by the local Enterprise Zone Commission and explain how the Housing Business will meet each requirement. Not Applicable. 6 April 2002 l . . ATTACHMENTS Please make sure the following items are included with this application: Housing Business: o Legal description of the business site on which the project will occur. o Detailed map (no larger than 8" x 14") showing the business site in relation to the boundaries of the certified Enterprise Zone. o Long term strategic plan, which includes labor and infrastructure needs. o Affidavit that states the Business has not, within the last 5 years, violated state or federal environmental and worker safety statutes, rules, and regulations. Enterprise Zone Commission: o Resolution by the Enterprise Zone Commission approving this application. o Proof that the meeting, in which this application was approved, was open to the public (i.e. public notice which was published and/or posted). o Meeting minutes from the meeting, in which this application was approved. 7 April 2002 , . 1 Legal Description Lot 102,103,104,105 and 106, East Dubuque Addition, City of Dubuque, Dubuque County, Iowa And Lot 159, 160 and 161 East Dubuque Addition . . 1 Enterprise Zone Map , , "pp.u- j e: c.r - -.. ....... ------ -- ..-. . . , Photos - 1024276001 Page 1 of 1 Parcel 10: 1024276001 Photo 1 l"118 W~tb~ sT, ?tAl' K. Q\..I.A: :r::b>J Pr httn:1 Iwww_duhuQuea<;sessOT.om/nmc/nrintPackal!e.asn?nid= 1 02427600 1 8/4/2004 . , Long-Term Strategic Plan Long-term plan for the proposed housing development project including labor and infrastructure needs. Washington Court will be financed in part by Federal and State programs which require certain long-term occupancy and rent restrictions. For at least 30 years, none of the units can be leased to households above 60% of the area median income for Dubuque. In addition, rents cannot exceed the HOME program rents issued annually by the U.S. Department of Housing and Urban Development. As the building has been in place nearly one hundred years, all necessary infrastructure is available to the project. Initial labor needs include construction related trades to be employed by the general contractor and subcontractors. Long-term labor needs for the project will be limited to management and maintenance staff. The project will be managed by Community Housing Initiatives, Inc., (CHI) the general partner of Washington Court, L.P. (housing business) and Gronen Properties of Dubuque. CHI currently manages nearly 800 units throughout Iowa, with another 80 units under development. CHI will utilize contracted local professionals for cleaning, maintenance and repairs. Gronen Properties will be contracted as the on-site manager and will be available to market the apartments, answer questions and coordinate repairs. The project has adequate amounts budgeted annually for recurring maintenance and repairs. In addition, capital replacement reserves will be funded at the rate of $300 per unit per year. Washington Court, L.P. will be the owner of the project for 18 years, at which time Community Housing Initiatives, Inc. will exercise its right of first refusal to assume ownership. All occupancy and rent restrictions will remain in place after the transfer of ownership. , . Environmental and Safety Affidavit , I . . WASHINGTON COURT ENTERPRISE ZONE APPLICATION AFFIDAVIT I, Doug LaBounty, President of Community Housing Initiatives, Inc., general partner of Washington Court, L.P., do hereby declare that neither Washington Court, L.P. or Community Housing Initiatives, Inc. have, within the last five years, violated state or federal environmental or worker safety statutes, rules or regulations. Doug LaBounty Presi ent, Community Housing Initiatives, Inc., General Partner of Washington Court, L.P. S-3-0? Date " -'I. . ATTACHMENT B Enterprise Zone Commission Resolution Approving the Housing Business' Enterprise Zone Application HEZ Format revised 7/2002 ~ " . JUI~ 2 Q 2005 OF COMMUNITV ;"1"'. '('''LOP~VlEN I r , j ,. ,} .- T I.... t..:. V a.. A RESOLUTION APPROVING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT REQUESTING ENTERPRISE ZONE BENEFITS ON BEHALF OF WASHINGTON COURT, L.P. CITY OF DUBUQUE, IOWA ENTERPRISE ZONE COMMISSION . . '. L.:PT. OF ECONOMIC DEVELOPMENT RESOLUTION 1-05 Whereas, the State oflowa Department of Economic Development (IDED) is accepting applications from eligible businesses pursuant to the authority of House File 724, Enterprise Zone Legislation; and Whereas, the City of Dubuque, Iowa has two certified Enterprise Zones; and Whereas, the City's Enterprise Zone Commission has been created by City Ordinance to review applications for tax incentives and assistance based on criteria specified by law and to ,transmit its recommendation to the IDED; and Whereas, the City's Enterprise Zone Conimission has reviewed an application from Washington Court, L.P. and has found the housing developer eligible to apply for Enterprise Zone benefits. NOW, THEREFORE, BE IT RESOLVED BY THE ENTERPRISE ZONE COMMISSION OF THE CITY OF DUBUQUE, IOWA: Section 1. is approved. That the Washington Court, L.P. application for Enterprise Zone benefits Section 2. That Washington Court, L.P. will create thirty-six (36) new housing units in the city's downtown. Section 3. That Washington Court, L.P. will invest approximately $5,368,870 in Enterprise Zone 2 as part of the historic renovation project. Section 3. That the Chairperson is hereby authorized and directed to execute, on behalf of the Enterprise Zone Commission, the joint application for Enterprise Zone benefits. Passed, approved and adopted this 27th day of June 2005. /?A<74c1~ Richard Stein Chair F:\USERS\Pmyhre\ WPDOCS\EZ\ WASHINGTON COUR 1\adoptresolution.doc