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Silver Dollar Cantina CDBG LoanTHE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi September 25, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: CDBG Economic Development Loan MM&H Corp. (Silver Dollar Cantina) Economic Development Director Dave Heiar is recommending a $100,000 Community Development Block Grant Economic Development Loan Program forgivable loan to assist in the establishment of the Silver Dollar Cantina Restaurant in the German Bank Building at 342 Main, Dubuque, Iowa. The City of Dubuque has provided incentives for the rehabilitation of the German Bank Building, which had a fire in 2004 that made this historical building unusable. Local developers John Gronen and Mike Steele have purchased the building, with assistance from Dubuque Initiatives, and are currently rehabilitating the structure to its historical significance. The German Bank rehabilitation project needs to secure a tenant for the building to make the project cost feasible. The owner of the Silver Dollar Cantina, Steve Althoff, would like to relocate inside the building but needs assistance to get started. He has asked to utilized $100,000 in CDBG funds from the Economic Development Financial Assistance Program to assist in purchasing furniture and fixtures for the restaurant in the building. He has committed to create 10 full time equivalent positions of which at least 51 % will be made available to low to moderate income people. The $100,000 CDBG loan will be fully forgiven if these goals are met. I concur with the recommendation and respectfully request Mayor and City Council approval. 6 Y / ~ Z/'~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Heiar, Economic Development Director THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi September 21, 2007 TO: Michael Van Milligen, City Manager FROM: David Heiar, Economic Development Director SUBJECT: CDBG Economic Development Loan for MM ~ H Corporation (D/B/A Silver Dollar Cantina) INTRODUCTION This memorandum presents for City Council consideration a resolution approving a loan request from MM & H Corporation for funding through the City's Community Development Block Grant (CDBG) Economic Development Loan Program to assist in the company's reestablishment in the German Bank Building. BACKGROUND The CDBG Economic Development Loan Program provides forgivable loans to businesses creating new job opportunities that will be made available to low and moderate income persons. This program was first authorized in FY 1995 and currently has a budget of $183,000 in CDBG funds. The German Bank Building at 342 Main Street had a fire in 2004 which made the historical building unusable. Local developers John Gronen and Mike Steele have purchased the building with assistance from Dubuque Initiatives and are currently rehabilitating the structure back to its historical significance. A development agreement was approved on August 6, 2007 by the City Council with German Bank Building LLLP to provide assistance in the rehabilitation of the German Bank building. The agreement provided TIF benefits, a Downtown Rehabilitation Loan commitment, Facade Grant, and Design Grant. At this same time, City staff had already had discussions about the need for additional funding to assist a possible restaurant. DISCUSSION The German Bank rehabilitation project also needs to secure a tenant for the building to make the project cost feasible. The owner of the Silver Dollar Cantina, Steve Althoff, would like to relocate inside the building but needs assistance to get started. He has asked to utilize $100,000 in CDBG funds from the Economic Development Financial Assistance program to assist in purchasing furniture and fixtures for the restaurant in the building. He has committed to create 10 full time equivalent (FTE) positions of which at least 51 %~will be made available to low to moderate income people. The $100,000 CDBG loan will be fully forgiven if job creation goals are met and the requirement to make at least 51 % of the jobs available to low and moderate income persons is fulfilled. Should the company not create the 10 new FTE Positions within three years, the principal will be credited $10,000 per FTE created and then the first three years of deferred interest will be capitalized into the remaining principal of the loan and then amortized over the remaining seven years. Also, should the number of low and moderate income persons not meet or exceed fifty-one (51) percent of all those hired, the entire principal balance will be due and payable to the City with accrued interest. If the loan is approved by the City Council, a commitment letter will be executed by the Mayor and the owners. The commitment letter is attached with details of the financing terms. RECOMMENDATION Staff has reviewed the loan request and finds it to be in keeping with the requirements of the Economic Development Loan Program. It is my recommendation that the City Council adopt the attached resolution approving the forgivable loan request of $100,000 and authorizing the preparation and execution of all necessary loan documents by the City Manager. ACTION STEP The action step for the City Council is to adopt the attached resolution. attachments F:\USERS\Adejong\CDBG\Silver Dollar ED Forgivable Loan\Silver Dollar Council Memo.doc RESOLUTION NO 505-07 A RESOLUTION AUTHORIZING A COMMITMENT LETTER AND THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT LOAN OF ONE HUNDRED THOUSAND DOLLARS ($100,000) TO MM ~ H CORP. Whereas, under provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant Funds for the purpose of stimulating economic development activities within the community; and Whereas, the City of Dubuque, Iowa desires to assist MM & H Corp. and to create new permanent employment opportunities for low and moderate income citizens; and Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of MM & H Corp. participation in the City's CDBG Economic Development Loan Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to Silver Dollar Cantina, Inc. Section 2. That the City Manager be and he is hereby directed to prepare, upon receipt and acknowledgment of the attached Commitment Letter by the Company, the necessary loan documents in accordance with the terms and conditions set forth in said Commitment Letter. Section 3. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the CDBG Economic Development Loan Program, in accordance with the terms and conditions of the executed agreement. Passed, approved and adopted this 1st day of October, 2007. Roy D. Buol Mayor Attest: Jeanne F. Schneider City Clerk F:\USERSWdejong\CDBG\Silver Dollar ED Forgivable Loan\Silver Dollar Council Resotution.doc Economic Development Department City Hall -Second Floor 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4393 office (563) 589-1733 fax (563) 690-6678 TDD MM & H Corp. Attn: Steve Althoff P.O. Box 1866 Dubuque, IA 52004-1866 RE: Letter of Commitment Dear Mr. Althoff: THE CITY OF S October 1, 2007 am pleased to inform you that your request for financial assistance has been accepted and approved by the Dubuque City Council. The following offer is made: Source of Funds: CDBG Economic Development Loan Program Amount of Commitment: One Hundred Thousand Dollars ($100,000) Interest Rate: Three percent (3%) per annum Term of Loan: Ten (10) years Payment Schedule: Fully forgiven after 3 years if job creation goals are met. Should the company not create the 10 new FTE Positions within three years, the principal will be credited $10,000 per FTE created and then the first three years of deferred interest will be capitalized into the principal of the loan and then amortized over the remaining seven years. Should the number of low and moderate income persons not meet or exceed fifty-one (51) percent of all those hired, the entire principal balance will be due and payable to the City with accrued interest. Form of Security: UCC-1 Financing Statement Purpose of the Loan: To purchase furniture and fixtures to support the start up of Service People Integrity Responsibility Innovation Teamwork a restaurant in the German Bank Building. Special Conditions of this Commitment: (a) Ten (10) new full time equivalent positions must be created within a five (3) year period and with at least 51 % of those jobs made available to persons of low and moderate income. This commitment is valid for twenty-one (21) days from the date of this letter. If you wish to accept the offer, you must return the acknowledgment below. Failure to return written acknowledgment will be cause for the commitment to lapse. If the terms offered do not meet your approval, or if you have any questions regarding the conditions of this commitment, please contact Aaron DeJong, Economic Development Department, at 563/589-4393. Sincerely, Roy D. Buol Mayor ACKNOWLEDGMENT We have reviewed the above offer and accept the CDBG Economic Development Loan of $100,000 and all of the terms of this commitment letter. MM & H Corp. Steve Althoff Date Y:\USERS\Adejong\CDBG\Silver Dollar ED Forgivable Loan\Silver Dollar Commitment Letter.doc