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Linseed Oil -Assignment of Development AgreementCopyright 2014 City of Dubuque ITEM# 23. ITEM TITLE: Linseed Oil - Assignment of Development Agreement SUMMARY: City Manager recommending approval of the assignment of the Development Agreement with Wilmac Property Company to Betty Building, LLC for the property located at 151 East 9th Street. SUGGESTED DISPOSITION: RESOLUTION Approving the assignment of the Development Agreement between the City of Dubuque and Wilmac Property Company from Wilmac Property Company to Betty Building, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Linseed Assignment of Development Agreement -MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Linseed Oil- Assignment DA Supporting Docunientalion ❑ Resolution - Linseed Assignment DA Resolutions Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque 2007 • 2012 • 2013 SUBJECT: Assignment of Development Agreement with Wilmac Property Company to Betty Building, LLC to Redevelop Property at 151 East 9th Street (Linseed Oil Paintworks Building) DATE: October 2, 2014 Economic Development Director Maurice Jones recommends City Council approval of the assignment of the Development Agreement with Wilmac Property Company to Betty Building, LLC for the property located at 151 East 9th Street. 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: A 2007 • 2 12 • 2013 Michael Van Milligen, City Manager Economic Development Department 50 West 13th Street Dubuque, Iowa 52001-4864 Office (563) 589-4393 TTY (563) 690-6678 http://www.cityofdubuque.org Maurice Jones, Economic Development Director SUBJECT: Assignment of Development Agreement with Wilmac Property Company to Betty Building, LLC to redevelop property at 151 East 9th Street (Linseed Oil Paintworks Building) DATE: October 1, 2014 INTRODUCTION This memorandum is a request for the City Council to approve the assignment of the Development Agreement with Wilmac Property Company for the property located at 151 East 9th Street to Betty Building, LLC. BACKGROUND On March 7th, 2013 the City Council approved a Development Agreement with Wilmac Property Company for the rehabilitation of 151 E. 9th Street (known as the Linseed Oil Paintworks Building) into residential apartments. The Linseed Oil Paintworks Building will include 16 new residential units. The building will also have a handicapped accessible social area and garden on the roof. The Developer is also looking into a small solar system to supplement the electrical system. The Developer is estimating the total cost of the project to be $5,485,347. In addition to other funding sources, the project will be using State Historic Tax Credits which are being reserved. DISCUSSION Wilmac Property Company owns several properties in the Millwork District. The Linseed Oil Paintworks rehabilitation project is bringing tax credit investors into the ownership structure, so it is creating a transaction specific entity for the project that will not affect its other properties. RECOMMENDATION/ ACTION STEP Based on the critical need for downtown housing and the City's goal to assist in redeveloping the Millwork District, I recommend the City Council adopts the attached resolution to assign the Development Agreement from Wilmac Property Company to Betty Building, LLC. Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION NO. 308-14 APPROVING THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND WILMAC PROPERTY COMPANY FROM WILMAC PROPERTY COMPANY TO BETTY BUILDING, LLC. WHEREAS, the City Council of the City of Dubuque, by Resolution No. 95-13, dated March 18, 2013 entered into a Development Agreement with Wilmac Property Company (Developer), and; WHEREAS, pursuant to the Development Agreement Developer is required to provide certain improvements to real estate owned by Wilmac Property Company, known locally as Linseed Oil Paintworks Company Building located at 151 East 9th Street, Dubuque, Iowa (the Property); and WHEREAS, in order to facilitate rehabilitation of the Property, and in particular to accommodate the use of historic tax credits, the Property will be or has been deeded to Betty Building, LLC, an Iowa limited liability company; and WHEREAS, Developer desires to assign the Development Agreement to Betty Building, LLC pursuant to the Assignment attached hereto in order to facilitate the rehabilitation of the Property; and WHEREAS, the City Council finds that it is in the best interests of the City of Dubuque to approve the Assignment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Assignment is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Assignment on behalf of the City of Dubuque. Passed, approved and adopted the 6th day of October, 2014. Attest: Kevin irnstahl, City 41,41 Roy D. poi, Mayor F:\USERS\tsteckle\Lindahl\Resolutions\Resolution Assignment Linseed oil to Betty Bldg_100214.docx ASSIGNMENT OF DEVELOPMENT AGREEMENT This Assignment of Development Agreement is entered into thiseii day of October, 2014 by and between Wilmac Property Company, an Iowa business corporation, ("Wilmac") Betty Building, LLC, an Iowa limited liability company ("Betty") and the City of Dubuque, Iowa ("City"). RECITALS A. City and Wilmac entered into a Development Agreement dated March 7, 2013 (the "Development Agreement"); B. Pursuant to the terms of the Development Agreement Wilmac was to provide certain improvements to real estate owned by Wilmac, such property locally known as 151 East 9th St., Dubuque, Iowa and legally described as: City Lot 379 and the South 15 feet of City Lot 380 in Dubuque, Iowa (the "Property"). Subject to the requirements and restrictions of that Development Agreement City agreed to take certain actions to aid in the rehabilitation of the Property. C. In order to facilitate rehabilitation of the Property, and in particular to accommodate the use of historic tax credits, the Property will be or has been deeded to Betty. As such Wilmac desires to assign all of its rights and obligations under the Development Agreement to Betty and Betty desires to accept such rights and obligations; D. The parties desire to set forth their agreement regarding such assignment in writing. Therefore, in consideration of the mutual terms and covenants herein, the parties agree as follows: AGREEMENT 1. Assignment. Wilmac does hereby assign, transfer and convey to Betty each and every right and obligation of Wilmac in and under the Development Agreement. 2. Acceptance. Betty does hereby accept all rights and obligations of Wilmac under the Development Agreement and agrees to be bound by such agreement and to be responsible for every obligation of Developer thereunder. 3. Consent. City does hereby consent to the assignment as set forth herein and releases Wilmac from any obligations that accrue under the terms of the Development Agreement after the date hereof 4. Miscellaneous. This agreement is binding upon the parties hereto and their successors and permitted assigns and shall be governed by and construed under the laws of the state of Iowa. City of Duuq, Iowa By: Roy D. uol, Mayor Wilmac Property Company By: Betty Building, LLC By: