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Paragon Square, LLC_Rescinding Development AgreementMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque band AI- America City 1 2007 • 2012 • 2013 SUBJECT: Rescinding Resolution No. 281 -11 Approving the Development Agreement with Paragon Square, LLC for the Holy Ghost Properties DATE: February 11, 2014 On August 15, 2011, the City Council approved Resolution No. 281 -11, which approved the Development Agreement with Paragon Square, LLC for the rehabilitation of the former Holy Ghost convent and school, at 2887 and 2901 Central Avenue, respectively. Subsequently, the mayor signed the development agreement which authorized the use of a tax increment financing bond to help fund the estimated $2.5 million in improvements needed to create 27 market rate units. However the development agreement was never signed by Paragon Square representatives and therefore never executed. Several months after the approval, staff learned that Paragon Square could not secure financing and the project would not proceed under the current development group. Economic Development Director Maurice Jones recommends the City Council rescind Resolution No. 281 -11 which approved the Development Agreement with Paragon Square, LLC for property located at 2887 and 2901 Central Avenue. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Maurice Jones, Economic Development Director Masterpiece on the Mississippi TO: FROM: Maurice Jones, Economic Development Director SUBJECT: Rescinding a Resolution No. 281 -11 Approving the Development Agreement with Paragon Square, LLC for the Holy Ghost Properties. Michael Van Milligen, City Manager Dubuque battri All- America City 1 I 2007 • 2012 • 2013 DATE: February 11, 2014 INTRODUCTION This memorandum presents for City Council approval a resolution rescinding Resolution No. 281 -11 which approved the Development Agreement with Paragon Square, LLC for property located at 2887 and 2901 Central Avenue, otherwise known as the Holy Ghost properties. BACKGROUND On August 15, 2011 the City Council approved Resolution No. 281 -11, which approved the Development Agreement with Paragon Square, LLC for the rehabilitation of the former Holy Ghost convent and school, at 2887 and 2901 Central Avenue, respectively. Subsequently, the mayor signed the development agreement which authorized the use of a tax increment financing bond to help fund the estimated $2.5 million in improvements needed to create 27 market rate units. However the development agreement was never signed by Paragon Square representatives and therefore never executed. Several months after the approval, staff learned that Paragon Square could not secure financing and the project would not proceed under the current development group. DISCUSSION Since learning that Paragon Square would not develop the Holy Ghost properties, staff has marketed the property to numerous potential developers. Recently, staff has negotiated a draft development agreement with a developer that has an option to purchase the property. However before that agreement can go forward, the City Attorney has recommended the resolution approving the original development agreement for the property, Resolution No. 281 -11, be rescinded. RECOMMENDATION recommend that the City Council approve Resolution No. 281 -11, which approved the Development Agreement with Paragon Square, LLC, for the rehabilitation of the Holy Ghost properties. ACTION STEP The action step for the Council is to adopt the attached resolution. F: \USERS \Econ Dev \Holy Ghost - 2905 Central \20140211 Rescind resolution DA.doc RESOLUTION NO. 38 -14 RESCINDING RESOLUTION NO. 281 -11, WHICH APPROVED THE DEVELOPMENT AGREEMENT WITH PARAGON SQUARE, LLC FOR THE PROPERTY LOCATED AT 2887 AND 2901 CENTRAL AVENUE Whereas, the City Council of the City of Dubuque, Iowa, has created a Downtown Incentives Program for the purpose of stimulating reinvestment in the Holy Ghost Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of financial incentives to help finance code compliance activities and to spur redevelopment; and Whereas, the City Council by Resolution No. 281 -11 approved a Development Agreement on August 15, 2011 with Paragon Square, LLC for the rehabilitation of the Holy Ghost properties, located at 2887 and 2901 Central Avenue; and Whereas, the Development Agreement was never executed by Paragon Square, LLC, and the City Council finds that the resolution approving the Development Agreement should be rescinded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution No. 281 -11 approving the Development Agreement with Paragon Square, LLC is hereby rescinded. Passed, approved and adopted this 17th day of February, 201 Attest: F: \USERS \Econ Dev \Holy Ghost - 2905 Central\20140217 Rescinding DA resolution.docx Roy D. Buol, Mayor