253 Main St. - Development Agreement_Oberbroekling_Initiate Copyright 2014
City of Dubuque Items to be set for Public Hearing # 1.
ITEM TITLE: 253 Main St. - Development Agreement
SUMMARY: City Manager recommending City Council set a public hearing for April 6,
2015, on the Development Agreement with Ken Oberbroeckling to
redevelop property at 253 Main Street.
RESOLUTION Fixing the date for a Public Hearing of the City Council of
the City of Dubuque, Iowa on the proposed issuance of Urban Renewal
Tax Increment Revenue Obligations and the Execution of a Development
Agreement relating thereto with Ken Oberbroeckling, and providing for the
publication of notice thereof
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public
Hearing for April 6, 2015
ATTACHMENTS:
Description Type
❑ 253 Main Street Development Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Development Agreement-253 Main St. Supporting Documentation
❑ Notice of Public Hearing Supporting Documentation
❑ Resolution to Set Public Hearing Resolutions
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Development Agreement with Ken Oberbroeckling to Redevelop Property
at 253 Main Street
DATE: March 10, 2015
Economic Development Director Maurice Jones requests the City Council set a public
hearing for April 6, 2015, on the Development Agreement with Ken Oberbroeckling to
redevelop property at 253 Main Street.
The Development Agreement requires the redevelopment of the property located at 253
Main Street into four market rate apartments. The key elements of the Development
Agreement include the following:
1. The project will receive $40,000 in incentives through the Downtown Housing
Incentive Program.
2. Fagade, Design and Planning, and Financial Consultant grants totaling up to
$35,000 will be utilized with this project.
3. Ken Oberbroeckling must redevelop 253 Main Street at a cost of approximately
$6001000 by no later than December 31, 2015.
4. A 10 year Tax Increment Financing property tax rebate.
5. Developer shall provide sufficient sound proofing between the first floor commercial
space and the residential units.
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
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Dubuque Economic Development Department
THE CITY OF 50 West 13th Street
All-AmericaCitY Dubuque,Iowa 52001-4864
DUB36kE1 ' Office(563)589-4393
TTY(563)690-6678
® http://www.cityofdubuque.org
Masterpiece on the Mississippi 200.2012.2013
TO: Michael Van Milligen, City Manager
FROM: Maurice Jones, Economic Development Director
SUBJECT: Development Agreement with Ken Oberbroeckling to redevelop
property at 253 Main Street
DATE: March 1, 2015
INTRODUCTION
This memorandum presents a request for the City Council to set a public hearing on
April 6, 2015 on entering into a Development Agreement for the property located at 253
Main Street.
BACKGROUND
This rehabilitation project would assist in meeting the rental housing needs identified in
2009 IFA housing study, which indicated a need for 557 new rental units in our
community with emphasis on downtown location. The City has not met the rental
housing need identified by the 2009 study. In the meantime, local businesses and
industries continue to expand. Unfortunately, the tight rental housing market makes job
growth challenging. The demand for quality rental housing continues to outpace the
available rental units.
This project would provide an additional 4 quality units downtown. The Developer
projects an estimated development cost of at least $600,000.
DISCUSSION
The proposed Development Agreement provides for several incentives to encourage
redevelopment of the property.
The Development Agreement requires the redevelopment of the property located at 253
Main Street into four (4) market rate apartments. The key elements of the Development
Agreement include the following:
1. The project will receive $40,000 in incentives through the Downtown Housing
Incentive Program.
2. Fagade, Design and Planning, and Financial Consultant grants totaling up to
$35,000 will be utilized with this project.
3. Ken Oberbroeckling must redevelop 253 Main Street at a cost of approximately
$600,000 by no later than December 31 , 2015.
4. A 10 year Tax Increment Financing property tax rebate.
5. Developer shall provide sufficient sound proofing between the first floor commercial
space and the residential units.
Additional terms and conditions of the disposition of the property are included within the
attached Development Agreement.
RECOMMENDATION/ ACTION STEP
Based on the critical need for downtown housing, I recommend the City Council adopts
the attached resolution to set a public hearing on the attached Development Agreement
with Ken Oberbroeckling.
RESOLUTION NO. 89-15
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX
INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH KEN OBERBROECKLING, AND
PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque (City) and Ken Oberbroeckling (Oberbroeckling)
intend to enter into a Development Agreement, subject to the approval of the City Council,
a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central
Avenue, Dubuque, Iowa; and
Whereas, the City Council has tentatively determined that it would be in the best
interests of City to approve the Development Agreement with Oberbroeckling; and
Whereas, it is deemed necessary and advisable that City should authorize Urban
Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of
Iowa, and to enter into the Development Agreement relating thereto for the purpose of
carrying out the rehabilitation of property located at 253 Main Street as hereinafter
described; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of
Iowa requires that the City Clerk publish a notice of the proposal and of the time and place
of the meeting at which the City Council proposes to take action thereon and at which
meeting the City Council shall receive oral and/or written objections from any resident or
property owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause this
Resolution and a notice to be published as prescribed by Iowa Code Section 403.9 of a
public hearing on the City's intent to authorize Urban Renewal Tax Increment Revenue
obligations, to be held on the 6th day of April, 2015, at 6:30 o'clock p.m. in the City Council
Chambers at the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at said time and place for the purpose of
taking action on the matter of authorizing Urban Renewal Tax Increment Revenue
obligations and the execution of the Development Agreement relating thereto with
Oberbroeckling, the proceeds of which obligations will be used to carry out certain of the
special financing activities described in the Greater Downtown Urban Renewal District,
consisting of the funding of economic developments grants to Ken Oberbroeckling
pursuant to the Development Agreement under the terms and conditions of said Urban
Renewal Area Plan. It is expected that the aggregate amount of the Tax Increment
Revenue obligations is approximately $115,000.00.
Section 3. The Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said
publication to be not less than four days nor more than twenty days before the date of said
meeting on the issuance of said obligations.
Section 4. That the notice of the proposed action to issue said obligations shall be
in substantially the form attached hereto.
Passed, approved and adopted this 16th day of March, 2015.
Attest:
Trish L. Gleason, Assistant City Clerk
J24J
Roy D. Buol, Mayor
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
KENNETH OBERBROECKLING
THIS DEVELOPMENT AGREEMENT(Agreement)dated for reference purposesthe
day of 2015, is made and entered into by and between the City of
Dubuque, Iowa (City), and Kenneth Oberbroeckling (Developer), a sole proprietor.
WHEREAS, Developer is the owner of the following described real estate at 253
Main Street, Dubuque, Iowa and legally described as follows (the Property):
City Lot 76; and City Lot 74A EXCEPT the north 6 inches thereof; in the
City of Dubuque, Iowa, according to the United States Commissioners'
Map of the Town of Dubuque, Iowa
and
WHEREAS, the Property is located in the Greater Downtown Urban Renewal District
(the District) which has been so designated by City Council Resolution 174-14 as a slum
and blighted area (the Project Area) defined by Iowa Code Chapter 403 (the Urban
Renewal Law); and
WHEREAS, Developer has undertaken the redevelopment of the second and third
floor of a three-floor building located on the Property and will be operating the same during
the term of this Agreement; and
WHEREAS, Developer will make an additional capital investment in building
improvements, equipment, furniture and fixtures in the Property (the Project); and
WHEREAS, the Property is historically significant and the City Council finds it is in
the City's best interest to preserve the Property; and
WHEREAS, pursuant to Iowa Code Section 403.6(1), and in conformance with the
Urban Renewal Plan for the Project Area adopted on May 18, 1967 and last amended on
June 16, 2014, a copy of which is attached hereto as Exhibit A (the Urban Renewal Plan),
City has the authority to enter into contracts and agreements to implement the Urban
Renewal Plan, as amended; and
WHEREAS, the City Council finds it is in the best interests of the City to encourage
Developer in the development of the Property by providing certain incentives as set forth
herein.
NOW, THEREFORE,the parties to this Development Agreement, in consideration of
the promises, covenants and agreements made by each other, do hereby agree as follows:
013015ba1
SECTION 1. REPRESENTATIONS AND WARRANTIES
1 .1 Representations and Warranties of City. In order to induce Developer to enter into
this Agreement, City hereby represents and warrants to Developer that to the best of City's
knowledge:
(1) City has duly obtained all necessary approvals and consents for its execution,
delivery and performance of this Agreement and that it has full power and authority
to execute, deliver and perform its obligations under this Agreement. City's attorney
shall issue a legal opinion to Developer at time of closing confirming the
representation contained herein, in the form attached hereto as Exhibit B.
(2) City shall exercise its best efforts to cooperate with Developer in the
development process.
(3) City shall exercise its best efforts to resolve any disputes arising during the
development process in a reasonable and prompt fashion.
(4) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in conflict
with, or result in a violation or breach of, the terms, conditions or provisions of the
charter of City, any evidence of indebtedness, agreement or instrument of whatever
nature to which City is now a party or by which it or its property is bound, or
constitute a default under any of the foregoing.
(5) There are no actions, suits or proceedings pending or threatened against or
affecting City in any court or before any arbitrator or before or by any governmental
body in which there is a reasonable possibility of an adverse decision which could
materially adversely affect the financial position or operations of City orwhich affects
the validity of the Agreement or City's ability to perform its obligations under this
Agreement.
(6) No ordinance or hearing is now before any local governmental body that
either contemplates or authorizes any public improvements or special tax levies, the
cost of which may be assessed against the Property. To the best of City's
knowledge, there are no plans or efforts by any government agency to widen,
modify, or re-align any street or highway providing access to the Property and there
are no pending or intended public improvements or special assessments affecting
the Property which will result in any charge or lien be levied or assessed against the
Property.
(7) The representations and warranties contained in this article shall be correct in
all respects on and as of the Closing Date with the same force and effect as if such
representations and warranties had been made on and as of the Closing Date.
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1 .2 Representations and Warranties of Developer. The Developer makes the following
representations and warranties:
(1) Developer is a sole proprietor and has all requisite power and authority to
own and operate the Property, to carry on the business as now conducted and as
presently proposed to be conducted, and to enter into and perform its obligations
under the Agreement.
(2) This Agreement has been duly authorized, executed and delivered by
Developer and, assuming due authorization, execution and delivery by the City, is in
full force and effect and is a valid and legally binding instrument of Developer
enforceable in accordance with its terms, except as the same may be limited by
bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors'
rights generally. Developer's counsel shall issue a legal opinion to the City, at the
time of closing, confirming the representations contained herein, in the form
attached hereto as Exhibit C.
(3) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in conflict
with, or result in a violation or breach of, the terms, conditions or provisions any
contractual restriction, evidence of indebtedness, agreement or instrument of
whatever nature to which Developer is now a party or by which Developer or
Developer's property is bound, or constitute a default under any of the foregoing.
(4) There are no actions, suits or proceedings pending or threatened against or
affecting Developer in any court or before any arbitrator or before or by any
governmental body in which there is a reasonable possibility of an adverse decision
which could materially adversely affect the business, financial position or result of
operations of Developer or which affects the validity of the Agreement or
Developer's ability to perform Developer's obligations under this Agreement.
(5) Developer will perform the Developer's obligations under this Agreement in
accordance with the material terms of this Agreement,the Urban Renewal Plan, any
amendments to the Urban Renewal Plan, and all local, State and federal laws and
regulations.
(6) Developer will use Developer's best efforts to obtain, or cause to be obtained,
in a timely manner, all material requirements of all applicable local, state, and
federal laws and regulations which must be obtained or met.
(7) Developer has firm commitments for permanent financing for the Project in an
amount sufficient, together with equity commitments, to successfully complete the
requirements of this Agreement and shall provide evidence thereof to City prior to
the Closing Date.
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1 .3 Closing. The closing shall take place on the Closing Date which shall be the 10th
day of April, 2015, or such other date as the parties shall agree in writing but in no event
shall the Closing Date be later than the 30th day of April, 2015. Consummation of the
closing shall be deemed an agreement of the parties to this Agreement that the conditions
of closing shall have been satisfied or waived.
1 .4 Conditions to Closing. The closing of the transaction contemplated by this
Agreement and all the obligations of Developer under this Agreement are subject to
fulfillment, on or before the Closing Date, of the following conditions:
(1) The representations and warranties made by City in Section 1 .1 shall be
correct as of the Closing Date with the same force and effect as if such
representations were made at such time. At the closing, City shall deliver a
certificate to that effect in the form of Exhibit D.
(2) Developer shall have the right to terminate this Agreement at any time prior
to the consummation of the closing on the Closing Date if Developer determines in
Developer's sole discretion that conditions necessary for the successful completion
of the Project contemplated herein have not been satisfied. Upon the giving of
notice of termination by Developer to City, this Agreement shall be deemed null and
void.
(3) Developer and City shall be in material compliance with all the terms and
provisions of this Agreement.
(4) Developer shall have furnished City with evidence, in a form satisfactory to
City (such as a letter of commitment from a bank or other lending institution), that
Developer has firm financial commitments in an amount sufficient, together with
equity commitments, to complete the Minimum Improvements (as defined herein) in
conformance with the Construction Plans (as defined herein), or City shall have
received such other evidence of Developer's financial ability as the reasonable
judgment of the City requires.
(5) Developer's counsel shall issue a legal opinion to the City confirming the
representations contained herein in the form attached hereto as Exhibit C.
(6) Developer shall have furnished City with a Part 2 Historic Preservation Tax
Credit application approved by the Iowa Department of Affairs State Historic
Preservation Office, in the form attached hereto as Exhibit I.
1 .5 City's Obligations at Closing. At or prior to the Closing Date, City shall deliver to
Developer such other documents as may be required by this Agreement, all in a form
satisfactory to Developer.
SECTION 2. DEVELOPMENT ACTIVITIES
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2.1 Required Minimum Improvements. Developer will make a capital investment of
approximately Six Hundred Thousand Dollars ($600,000) to improve the Property (the
Minimum Improvements). The Minimum Improvements include creating four (4)
apartments for market-rate rental on the second and third floor, with approximately $5,000
devoted to the soundproofing required in Section 4.2. Such improvements shall conform to
the U.S. Secretary of the Interior's Standards for Historic Rehabilitation as evidenced by a
Part 2 Historic Preservation Tax Credit application approved by the Iowa Department of
Cultural Affairs State Historic Preservation Office, in the form attached hereto as Exhibit I.
2.2 [This section intentionally left blank]
2.3 Plans for Construction of Minimum Improvements. Plans and specifications with
respect to the development of the Property and the construction of the Minimum
Improvements thereon (the Construction Plans) shall be in conformity with Urban Renewal
Plan, this Agreement, and all applicable state and local laws and regulations, including but
not limited to any covenants, conditions, restrictions, reservations, easements, liens and
charges, recorded in the records of Dubuque County, Iowa. Developer shall submit to City,
for approval by City, plans, drawings, specifications, and related documents with respect to
the improvements to be constructed by Developer on the Property. All work with respect to
the Minimum Improvements shall be in substantial conformity with the Construction Plans
approved by City.
2.4 Timing of Improvements. Developer hereby agrees that construction of the
Minimum Improvements on the Property shall be commenced within thirty (30) days after
the Closing Date, and shall be substantially completed by December 31 , 2015. 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 similarjudicial 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.
2.5 Certificate of Completion. Promptly following the request of Developer upon
completion of the Minimum Improvements, the City Manager shall furnish Developer with
an appropriate instrument so certifying in the form attached here as Exhibit H. Such
certification (the Certificate of Completion) shall be in recordable form and shall be a
conclusive determination of the satisfaction and termination of the agreements and
covenants in this Agreement.
SECTION 3. CITY PARTICIPATION
3.1 This section intentionally left blank.
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3.2 Economic Development Grants. For and inconsideration of Developer's obligations
hereunder, and in furtherance of the goals and objectives of the urban renewal plan for the
Project Area and the Urban Renewal Law, City agrees, subject to Developer being and
remaining in compliance with the terms of this Agreement, to make twenty (20) consecutive
semi-annual payments (such payments being referred to collectively as the Economic
Development Grants) to Developer:
November 1 , 2017 May 1 , 2018
November 1 , 2018 May 1 , 2019
November 1 , 2019 May 1 , 2020
November 1 , 2020 May 1 , 2021
November 1 , 2021 May 1 , 2022
November 1 , 2022 May 1 , 2023
November 1 , 2023 May 1 , 2024
November 1 , 2024 May 1 , 2025
November 1 , 2025 May 1 , 2026
November 1 , 2026 May 1 , 2027
pursuant to Iowa Code Section 403.9 of the Urban Renewal Law, in amounts equal to a
portion of the tax increment revenues collected by City under Iowa Code Section 403.19
(without regard to any averaging that may otherwise be utilized under Iowa Code Section
403.19 and excluding any interestthat may accrue thereon priorto paymentto Developer)
during the preceding six-month period in respect of the Minimum Improvements
constructed by Developer(the Developer Tax Increments). For purposes of calculating the
amount of the Economic Development Grants provided in this Section, the Developer Tax
Increments shall be only those tax increment revenues collected by City in respect of the
increase in the assessed value of the Property above the assessment of January 1 , 2014,
which the parties agree was $152,050 as of that date for the tax parcel (the Baseline
Valuation). The Developer Tax Increments shall not include (i) any property taxes collected
for the payment of bonds and interest of each taxing district, (ii) any taxes for the regular
and voter-approved physical plant and equipment levy and instructional support levy, (iii)
any tax increment revenues collected by City in respect of the Baseline Valuation of the
Property during the term of this Agreement and (iv) any other portion required to be
excluded by Iowa law, and thus such incremental taxes will not include all amounts paid by
Developer as regular property taxes.
3.3 To fund the Economic Development Grants, City shall certify to the County prior to
December 1 of each year, commencing December 1 , 2016 its request for the available
Developer Tax Increments resulting from the assessments imposed by the City Assessor
as of January 1 of that year, to be collected by City as taxes are paid during the following
fiscal year and which shall thereafter be disbursed to the Developer on November 1 and
May 1 of that fiscal year. (Example: if City so certifies in December, 2016, the Economic
Development Grants in respect thereof would be paid to the Developer on November 1 ,
2017, and May 1 , 2018.)
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3.4 The Economic Development Grants shall be payable from and secured solely and
only by the Developer Tax Increments paid to City that, upon receipt, shall be deposited
and held in a special account created for such purpose and designated as the 253 Main
Street TIF Account of City. City hereby covenants and agrees to maintain its TIF ordinance
in force during the term hereof and to apply the incremental taxes collected in respect of
the Minimum Improvements and allocated to the 253 Main Street TIF Account to pay the
Economic Development Grants, as and to the extent set forth in Section 3.2 hereof. The
Economic Development Grants shall not be payable in any manner by othertax increments
revenues, or by general taxation or from any other City funds. City makes no representation
with respect to the amounts that may be paid to Developer as the Economic Development
Grants in any one year and under no circumstances shall City in any manner be liable to
Developer so long as City timely applies the Developer Tax Increments actually collected
and held in the 253 Main Street TIF Account (regardless of the amounts thereof) to the
payment of the Economic Development Grants to Developer as and to the extent described
in this Section.
3.5 City shall be free to use any and all tax increment revenues collected in respect of
other properties within the Project Area and the remaining actual amount of the property
taxes paid by Developer to City, or any available Developer Tax Increments resulting from
the termination of the annual Economic Development Grants under Section 3.2 hereof, for
any purpose for which such tax increment revenues may lawfully be used pursuant to the
provisions of the Urban Renewal Law, and City shall have no obligations to Developer with
respect to the use thereof.
3.6 City's obligations to pay the Economic Development Grants to Developer shall be
subject to City having completed all hearings and other procedures required to amend the
Urban Renewal Plan to describe the Urban Renewal Project being undertaken in
accordance with this Agreement.
3.7 Non-appropriation/Limited Source of Funding. Notwithstanding anything in this
Agreement to the contrary, the obligation of City to pay any installment of the Economic
Development Grant shall be an obligation limited to currently budgeted funds, and not a
general obligation or other indebtedness of City or a pledge of its full faith and credit under
the meaning of any constitutional or statutory debt limitation, and shall be subject in all
respects to the right of non-appropriation by the City Council as provided in this Section 3.7.
City may exercise its right of non-appropriation as to the amount of the installments to be
paid during any fiscal year during the term of this Agreement without causing a termination
of this Agreement. The right of non-appropriation shall be exercised only by resolution
affirmatively declaring City's election to non-appropriate funds otherwise required to be paid
to Developer in the next fiscal year under this Agreement.
(1) In the event the City Council elects to not appropriate sufficient funds in the
budget for any future fiscal year for the payment in full of the installments on the
Economic Development Grant due and payable in that fiscal year, then: i) City shall
have no further obligation to Developer for the payment of all installments due in the
next fiscal year which cannot be paid with the funds then appropriated for that
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purpose; and, ii) Developer shall be released from all further obligations under this
Agreement during that same fiscal year.
(2) Each installment of the Economic Development Grant shall be paid by City
solely from funds appropriated for that purpose by the City Council from taxes levied
on the Property that are allocated to the special fund pursuant to Iowa Code (2013)
§403.19(2).
(3) The right of non-appropriation reserved to City in this Section 3.7 is intended
by the parties, and shall be construed at all times, so as to ensure that City's
obligation to pay future installments on the Economic Development Grants shall not
constitute a legal indebtedness of City within the meaning of any applicable
constitutional or statutory debt limitation prior to the adoption of a budget which
appropriates funds for the payment of that installment or amount. In the event that
any of the provisions of this Agreement are determined by a court of competent
jurisdiction to create, or result in the creation of, such a legal indebtedness of City,
the enforcement of the said provision shall be suspended, and the Agreement shall
at all times be construed and applied in such a manner as will preserve the
foregoing intent of the parties, and no event of default shall be deemed to have
occurred as a result thereof. If any provision of this Agreement or the application
thereof to any circumstance is so suspended, the suspension shall not affect other
provisions of this Agreement which can be given effect without the suspended
provision. To this end the provisions of this Agreement are severable.
3.8 Downtown Housing Incentive
(1) City agrees to provide to Developer, on the terms and conditions set forth in
the Downtown Housing Incentive Program attached hereto as Exhibit F, a grant in
the amount of Forty Thousand Dollars ($40,000.00) (the Grant) which shall be
funded solely and only from available Downtown Incentive Program funds.
(2) Grant funds will be disbursed to Developer after City issuance of a Certificate
of Occupancy for the Project. Prior to the disbursement of any funds, Developer
shall provide evidence satisfactory to City that the Minimum Improvements have
been completed in accordance with the plans and other documentation submitted to
City with the application.
3.9 Planning and Design Grant. City agrees to provide a matching (1 :1) grant not to
exceed ten thousand dollars ($10,000) to reimburse Developer for documented
predevelopment costs, architectural and engineering fees and other authorized soft costs
associated with the rehabilitation of the Property on the terms and conditions set forth in
Exhibit G. Prior to the release of any grant funds, City must determine to its satisfaction
that the Project is substantially complete and meets the conditions of this Agreement.
3.10 Facade Grant. City agrees to provide a matching (1 :1) grant not to exceed ten
thousand dollars ($10,000) to reimburse Developer for documented costs for front or rear
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fagade renovations to the Property to eliminate inappropriate additions or alterations and to
restore the fagade to its historic appearance, or to rehabilitate the fagade to include new
windows, paint, signage, awnings, etc. to improve the overall appearance of the Property,
and the costs of landscaping or screening with fencing or retaining walls if such
landscaping or screening improves the Property adjacent to the public right-of-way, on the
terms and conditions set forth in Exhibit G.
3.11 Financial Consultant Grant. City agrees to provide a grant not to exceed fifteen
thousand dollars($15,000)to reimburse Developer for documented costs related to hiring a
financial consultant to evaluate the Project's feasibility on the terms and conditions are
further set forth in Exhibit G. Such funds will be disbursed only on completion of the
Minimum Improvements, documentation of costs and an inspection of the completed
Project at a rate of$.50 for each $1 .00 of costs incurred.
3.12 Written requests for payment of grant funds must be submitted to the Economic
Development Department together with all required documentation.
SECTION 4. COVENANTS OF DEVELOPER
4.1 The Minimum Improvements to the Property shall conform to the U.S. Secretary of
the Interior's Standards for Historic Rehabilitation as evidenced by a Part 2 Historic
Preservation Tax Credit application approved by the Iowa Department of Cultural Affairs
State Historic Preservation Tax Credit application in a form attached hereto as Exhibit I.
4.2 Sound Proofing. Developer shall provide sufficient sound proofing between the first
floor commercial space and the residential units, as detailed in the attached Acoustical
Report, Exhibit J. The second floor units shall have an estimated minimum STC-60
performance rating for Sound Transmission Class as described in the International Building
Code. At the conclusion of the project, Developer shall hire an independent acoustical or
sound-testing specialist to verify that the standards have been met. Developer shall hire
the specialist at Developer's own expense, although a portion of the costs are
reimbursable, subject to Section 3.9. Developer shall furnish City with the results of the
test. An alternative method of testing may be used if agreeable to all parties.
4.3 This section intentionally left blank.
4.4 Books and Records. During the term of this Agreement, Developer shall keep at all
times and make available to City upon reasonable request proper books of record and
account in which full, true and correct entries will be made of all dealings and transactions
of or in relation to the business and affairs of Developer to verify the cost of the Minimum
Improvements in accordance with generally accepted accounting principles consistently
applied throughout the period involved, and Developer shall provide reasonable protection
against loss or damage to such books of record and account.
4.5 Real Property Taxes. Developer shall pay or cause to be paid, when due, all real
property taxes and assessments payable with respect to all and any parts of the Property
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unless Developer's obligations have been assumed by another person pursuant to the
provisions of this Agreement.
4.6 No Other Exemptions. During the term of this Agreement, Developer agrees not to
apply for any state or local property tax exemptions which are available with respect to the
Development Property or the Minimum Improvements located thereon that may now be, or
hereafter become, available under state law or city ordinance during the term of this
Agreement, including those that arise under Iowa Code Chapters 404 and 427, as
amended.
4.7 Insurance Requirements.
(1) Developer shall provide and maintain or cause to be maintained at all times
during the process of constructing the Minimum Improvements (and, from time to
time at the request of City, furnish City with proof of insurance in the form of a
certificate of insurance for each insurance policy):
All risk builder's risk insurance, written on a Completed Value Form in
an amount equal to one hundred percent (100%) of the replacement
value when construction is completed, naming the City of Dubuque as
additional insured.
(2) Upon completion of construction of the Minimum Improvements and up to the
Termination Date, Developer shall maintain, or cause to be maintained, at
Developer's cost and expense (and from time to time at the request of City shall
furnish proof of insurance in the form of a certificate of insurance) all risk property
insurance against loss and/or damage to the Minimum Improvements under an
insurance policy written in an amount not less than the full insurable replacement
value of Minimum Improvements. The term "replacement value" shall mean the
actual replacement cost of Minimum Improvements (excluding foundation and
excavation costs and costs of underground flues, pipes, drains and other
uninsurable items) and equipment, and shall be reasonably determined from time to
time at the request of City, but not more frequently than once every three (3) years.
(3) The term "replacement value" shall mean the actual replacement cost of the
building with Minimum Improvements (excluding foundation and excavation costs
and costs of underground flues, pipes, drains and other uninsurable items) and
equipment, and shall be reasonably determined from time to time at the request of
City, but not more frequently than once every three (3) years.
(4) Developer shall notify City immediately in the case of damage exceeding
$50,000 in amount to, or destruction of, the Minimum Improvements or any portion
thereof resulting from fire or other casualty. Net proceeds of any such insurance
(Net Proceeds), shall be paid directly to Developer as Developer's interests may
appear, and Developer shall forthwith repair, reconstruct and restore the Minimum
Improvements to substantially the same or an improved condition or value as they
10
existed prior to the event causing such damage and, to the extent necessary to
accomplish such repair, reconstruction and restoration, Developer shall apply the
Net Proceeds of any insurance relating to such damage received by Developer to
the payment or reimbursement of the costs thereof, subject, however, to the terms
of any mortgage encumbering title to the Property (as Developer's interests may
appear). Developer shall complete the repair, reconstruction and restoration of
Minimum Improvements whether or not the Net Proceeds of insurance received by
Developer for such purposes are sufficient.
4.8 Preservation of Property. During the term of this Agreement, Developer shall
maintain, preserve and keep, or cause others to maintain, preserve and keep,the Minimum
Improvements in good repair and working order, ordinary wear and tear accepted, and from
time to time shall make all necessary repairs, replacements, renewals and additions.
4.9 Non-Discrimination. In carrying out the project, Developer shall not discriminate
against any employee or applicant for employment because of race, religion, color, sex,
sexual orientation, gender identity, national origin, age or disability.
4.10 Conflict of Interest. Developer agrees that no member, officer or employee of City,
or its designees or agents, nor any consultant or member of the governing body of City,
and no other public official of City who exercises or has exercised any functions or
responsibilities with respect to the project during his or her tenure, or who is in a position to
participate in a decision-making process or gain insider information with regard to the
project, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds thereof, for work to be performed in connection with the project, or in any activity,
or benefit therefrom, which is part of this project at any time during or after such person's
tenure. In connection with this obligation, Developer shall have the right to rely upon the
representations of any party with whom it does business and shall not be obligated to
perform any further examination into such party's background.
4.11 Non-Transferability. Until such time as the Minimum Improvements are complete
(as certified by City under Section 2.5), this Agreement may not be assigned by Developer
nor may the Property be transferred by Developer to another party. Thereafter, with the
prior written consent of City, which shall not be unreasonably withheld, Developer shall
have the right to assign this Agreement, and upon assumption of the Agreement by the
assignee, Developer shall no longer be responsible for Developer's obligations under this
Agreement.
4.12 No change in Tax Classification. Developer agrees that it will not take any action to
change, or otherwise allow, the classification of the Property for property tax purposes to
become other than commercial property and to be taxed as such under Iowa law.
4.13 Restrictions on Use. Developer agrees for himself, and his successors and assigns,
and every successor in interest to the Property or any part thereof that they, and their
respective successors and assigns, shall:
11
(1) Devote the Property to, and only to and in accordance with, the uses
specified in the Urban Renewal Plan (and City represents and agrees that use of the
Property as market rate housing, is in full compliance with the Urban Renewal Plan
and developer agrees to comply with any amendments to the Urban Renewal Plan
(however, Developer shall not have any liability to City to the extent that a successor
in interest shall breach this covenant and City shall seek enforcement of this
covenant directly against the party in breach of same); and
(2) Not discriminate upon the basis of race, religion, color, sex, sexual
orientation, gender identity, national origin, age or disability in the sale, lease, rental,
use or occupancy of the Property or any improvements erected or to be erected
thereon, or any part thereof(however, Developer shall not have any liability to City
to the extent that a successor in interest shall breach this covenant and City shall
seek enforcement of this covenant directly against the party in breach of same).
4.14 Compliance with Laws. Developer shall comply with all laws, rules and regulations
relating to Developer's businesses, other than laws, rules and regulations the failure to
comply with or the sanctions and penalties resulting therefrom, would not have a material
adverse effect on the business, property, operations, financial or otherwise, of Developer.
SECTION 5. EVENTS OF DEFAULT AND REMEDIES
5.1 Events of Default Defined. The following shall be Events of Default under this
Agreement and the term Event of Default shall mean, whenever it is used in this
Agreement, any one or more of the following events:
(1) Failure by Developer to pay or cause to be paid, before delinquency, all real
property taxes assessed with respect to the Minimum Improvements and the
Property.
(2) Failure by Developer to cause the construction of the Minimum Improvements
to be commenced and completed pursuant to the terms, conditions and limitations of
this Agreement.
(3) Transfer of any interest by Developer of the Minimum Improvements in
violation of the provisions of this Agreement prior to the issuance of the final
Certificate of Completion.
(4) Failure by Developer or City to substantially observe or perform any other
material covenant, condition, obligation or agreement on their part to be observed or
performed under this Agreement.
5.2. Remedies on Default by Developer. Whenever any Event of Default referred to in
Section 5.1 of this Agreement occurs and is continuing, City, as specified below, may take
any one or more of the following actions after the giving of written notice by City to
Developer (and the holder of any mortgage encumbering any interest in the Property of
12
which City has been notified of in writing) of the Event of Default, but only if the Event of
Default has not been cured within sixty (60) days following such notice, or if the Event of
Default cannot be cured within sixty (60) days and Developer does not provide assurances
to City that the Event of Default will be cured as soon as reasonably possible thereafter:
(1) City may suspend its performance under this Agreement until it receives
assurances from the Developer deemed adequate by City, that the Developer will
cure Developer's default and continue Developer's performance under this
Agreement;
(2) Until the Closing Date, City may cancel and rescind this Agreement;
(3) City shall be entitled to recover from Developer the sum of all amounts
expended by City in connection with the funding of the Economic Development
Grants, Downtown Housing Incentive, Planning and Design Grant, Fagade Grant,
and Financial Consultant Grant to Developer and City may take any action, including
any legal action it deems necessary, to recover such amounts from the Developer;
(4) City may withhold the Certificate of Completion; or
(5) City may take any action, including legal, equitable or administrative action,
which may appear necessary or desirable to collect any payments due under this
Agreement orto enforce performance and observance of any obligation, agreement,
or covenant under this Agreement.
5.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to City is
intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given under
this Agreement or now or hereafter existing at law or in equity or by statute. No delay or
omission to exercise any right or power accruing upon any default shall impair any such
right or power or shall be construed to be a waiver thereof, but any such right and power
may be exercised from time to time and as often as may be deemed expedient.
5.4 No Implied Waiver. In the event any agreement contained in this Agreement should
be breached by any party and thereafter waived by any other party, such waiver shall be
limited to the particular breach so waived and shall not be deemed to waive any other
concurrent, previous or subsequent breach hereunder.
5.5 Agreement to Pay Attorneys' Fees and Expenses. If any action at law or in equity,
including an action for declaratory relief or arbitration, is brought to enforce or interpret the
provisions of this Agreement, the prevailing party shall be entitled to recover reasonable
attorneys' fees and costs of litigation from the other party. Such fees and costs of litigation
may be set by the court in the trial of such action or by the arbitrator, as the case may be,
or may be enforced in a separate action brought for that purpose. Such fees and costs of
litigation shall be in addition to any other relief that may be awarded.
13
5.6 Remedies on Default by City. If City defaults in the performance of this Agreement,
Developer may take any action, including legal, equitable or administrative action that may
appear necessary or desirable to collect any payments due under this Agreement, to
recover expenses of Developer, or to enforce performance and observance of any
obligation, agreement, or covenant of City under this Agreement. Developer may suspend
their performance under this Agreement until they receive assurances from City, deemed
adequate by Developer, that City will cure its default and continue its performance under
this Agreement.
SECTION 6. GENERAL TERMS AND PROVISIONS
6.1 Notices and Demands. Wheneverthis Agreement requires or permits any notice or
written request by one party to another, it shall be deemed to have been properly given if
and when delivered in person or three (3) business days after having been deposited in any
U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as
follows:
If to Developer: Ken Oberbroeckling
640 Deerwood Ct.
Dyersville, IA 52040
With copy to: George Davis, Counsel
225 15t Avenue East
Dyersville, IA 52040
If to City: City Manager
50 W. 13th Street
Dubuque, Iowa 52001
Phone: (563) 589-4110
Fax: (563) 589-4149
With copy to: City Attorney
City Hall
50 W. 13th Street
Dubuque IA 52001
Or at such other address with respect to either party as that party may, from time to time
designate in writing and forward to the other as provided in this Section.
6.2 Bindinq Effect. This Agreement shall be binding upon and shall inure to the benefit
of City and Developer and their respective successors and assigns.
6.3 Termination Date. This Agreement and the rights and obligations of the parties
hereunder shall terminate on June 1 , 2026 (the Termination Date).
14
6.4. Execution By Facsimile. The parties agree that this Agreement may be transmitted
between them by facsimile machine. The parties intend that the faxed signatures constitute
original signatures and that a faxed Agreement containing the signatures (original or faxed)
of all the parties is binding on the parties.
6.5 Memorandum of Development Agreement. Developer shall promptly record a
Memorandum of Development Agreement in the form attached hereto as Exhibit E in the
office of the Recorder of Dubuque County, Iowa. Developer shall pay the costs for so
recording.
IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in its
name and behalf by its Mayor and attested to by its City Clerk and Developer has caused
this Agreement to be duly executed on or as of the first above written.
CITY OF DUBUQUE, IOWA KENNETH OBERBROECKLING
By By
Roy D. Buol Kenneth Oberbroeckling
Mayor Developer
Attest:
Trish L. Gleason
Assistant City Clerk
15
(City Seal)
STATE OF IOWA )
SS
COUNTY OF DUBUQUE )
On this day of 20_, before me the undersigned, a Notary
Public in and for the said County and State, personally appeared Roy D. Buol and Trish L.
Gleason, to me personally known, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation
executing the instrument to which this is attached; that the seal affixed hereto is the seal of
said municipal corporation; that said instrumentwas signed and sealed on behalf ofthe City
of Dubuque, Iowa, by authority of its City Council; and that said Mayor and City Clerk
acknowledged the execution of said instrument to be the voluntary act and deed of said
City, by it and by them voluntarily executed.
Notary Public
STATE OF IOWA )
SS
COUNTY OF DUBUQUE )
On this day of 20_, before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Kenneth Oberbroeckling, to me
personally known, who, being by me duly sworn, acknowledges the execution of said
instrument to be his voluntary act and deed, by him, an individual, voluntarily executed.
Notary Public
16
LIST OF EXHIBITS
EXHIBITA Urban Renewal Plan
EXHIBIT B City Attorney Certificate
EXHIBIT C Opinion of Developer Counsel
EXHIBIT D City Certificate
EXHIBIT E Memorandum of Development Agreement
EXHIBIT F Downtown Housing Incentive Program
EXHIBIT G Downtown Rehabilitation Loan Program, Planning and Design Grant
Program, Fagade Grant Program, and Financial Consultant Grant
Program
EXHIBIT H Certificate of Completion
EXHIBIT I Part 2 Historic Preservation Tax Credit Application
EXHIBIT J Acoustical Report
17
EXHIBIT A
URBAN RENEWAL PLAN
18
AMENDED and RESTATED
URBAN RENEWAL PLAN
Greater Downtown Urban Renewal District
The Urban Renewal Plan is on file in the City Clerk's Office, City Hall, 50 West 13th Street,
Dubuque, Iowa.
19
EXHIBIT B
CITY ATTORNEY'S CERTIFICATE
20
Bury A.Lindalil,Esq. Dubuglle THE cITY OF
City Attorney
Suite 330,Harbor View Place �T 7�
300 Main Street �..1
Dubuque,Iowa 52001-6944
(563)583-4113 office Masterpiece on lyre Mississippi
(563)583-1040 fax
balesq@61yoftlubuque.org M?•2012•x012
(DATE)
RE:
Dear
I have acted as counsel for the City of Dubuque, Iowa, in connection with the execution and
delivery of a certain Development Agreement between (Developer) and
the City of Dubuque, Iowa (City) dated for reference purposes the_day of
20
The City has duly obtained all necessary approvals and consents for its execution, delivery
and performance of this Agreement and has full power and authority to execute, deliver and
perform its obligations under this Agreement, and to the best of my knowledge, the
representations of the City Manager in his letter dated the_day of , 20_, are
correct.
Very sincerely,
Barry A. Lindahl, Esq.
City Attorney
BAL:tIs
21
EXHIBIT C
OPINION OF DEVELOPER'S COUNSEL
22
Mayor and City Councilmembers
City Hall
13th and Central Avenue
Dubuque IA 52001
Re: Development Agreement Between the City of Dubuque, Iowa and
Dear Mayor and City Councilmembers:
We have acted as counsel for (Developer) in connection with
the execution and delivery of a certain Development Agreement (Development Agreement)
between Developer and the City of Dubuque, Iowa ("City")dated for reference purposes the
day of 20_.
We have examined the original certified copy, or copies otherwise identified to our
satisfaction as being true copies, of the Development Agreement and such other
documents and records as we have deemed relevant and necessary as a basis for the
opinions set forth herein.
Based on the pertinent law, the foregoing examination and such other inquiries as
we have deemed appropriate, we are of the opinion that:
1 . Developer is a sole proprietorship existing under the laws of the State of Iowa
and has full power and authority to execute, deliver and perform in full Development
Agreement. The Development Agreement has been duly and validly authorized, executed
and delivered by Developer and, assuming due authorization, execution and delivery by
City, is in full force and effect and is valid and legally binding instrument of Developer
enforceable in accordance with its terms, except as the same may be limited by
bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights
generally.
2. The execution, delivery and performance by Developer of the Development
Agreement and the carrying out of the terms thereof, will not result in violation of any
provision of, or in default under, the articles of incorporation and bylaws of Developer, any
indenture, mortgage, deed of trust, indebtedness, agreement, judgment, decree, order,
statute, rule, regulation or restriction to which Developer is a party or by which Developer's
property is bound or subject.
3. There are no actions, suits or proceedings pending or threatened against or
affecting Developer in any court or before any arbitrator or before or by any governmental
body in which there is a reasonable possibility of an adverse decision which could
materially adversely affect the business (present or prospective), financial position or
results of operations of Developer or which in any manner raises any questions affecting
the validity of the Agreement or the Developer's ability to perform Developer's obligations
thereunder.
Very truly yours,
23
EXHIBIT D
CITY CERTIFICATE
24
Dubuque City Managet•s Office
THE CITY OF City Hall
50 West 131^Street
DuB A4AI�M�CBI Dubuque,Iowa 52001564
i ��p (563)559-4140 office
ctymp(9cityo£dubuque.org
(563)559-4149 fax
Masterpiece on the Mississippi 2012
(DATE)
Dear
I am the City Manager of the City of Dubuque, Iowa and have acted in that capacity in
connection with the execution and delivery of a certain Development Agreement between
(Developer) and the City of Dubuque, Iowa (City) dated for reference
purposes the _ day of 20_.
On behalf of the City of Dubuque, I hereby represent and warrant to Developer that:
(1) City has duly obtained all necessary approvals and consents for its execution,
delivery and performance of this Agreement and that it has full power and authority
to execute, deliver and perform its obligations under this Agreement. City's attorney
shall issue a legal opinion to Developer at time of closing confirming the
representation contained herein, in the form attached hereto as Exhibit B.
(2) City shall exercise its best efforts to cooperate with Developer in the
development process.
(3) City shall exercise its best efforts to resolve any disputes arising during the
development process in a reasonable and prompt fashion.
(4) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in conflict
with, or result in a violation or breach of, the terms, conditions or provisions of the
charter of City, any evidence of indebtedness, agreement or instrument of whatever
nature to which City is now a party or by which it or its property is bound, or
constitute a default under any of the foregoing.
(5) There are no actions, suits or proceedings pending or threatened against or
affecting City in any court or before any arbitrator or before or by any governmental
body in which there is a reasonable possibility of an adverse decision which could
materially adversely affect the financial position or operations of City orwhich affects
25
the validity of the Agreement or City's ability to perform its obligations under this
Agreement.
(6) No ordinance or hearing is now or before any local governmental body that
either contemplates or authorizes any public improvements or special tax levies, the
cost of which may be assessed against the Property. To the best of City's
knowledge, there are no plans or efforts by any government agency to widen,
modify, or re-align any street or highway providing access to the Property and there
are no pending or intended public improvements or special assessments affecting
the Property which will result in any charge or lien be levied or assessed against the
Property.
(7) The representations and warranties contained in this article shall be correct in
all respects on and as of the Closing Date with the same force and effect as if such
representations and warranties had been made on and as of the Closing Date.
Sincerely,
Michael C. Van Milligen
City Manager
MCVM:jh
26
EXHIBIT E
MEMORANDUM OF DEVELOPMENT AGREEMENT
27
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
MEMORANDUM OF DEVELOPMENT AGREEMENT
A Development Agreement by and among the City of Dubuque, Iowa, an Iowa municipal
corporation, of Dubuque, Iowa, and Kenneth Oberbroeckling was made regarding the
following described premises:
City Lot 76; and City Lot 74A EXCEPT the north 6 inches thereof; in the
City of Dubuque, Iowa, according to the United States Commissioners'
Map of the Town of Dubuque, Iowa.
The Development Agreement is dated for reference purposes the day of
, 2015, and contains covenants, conditions, and restrictions concerning the sale
and use of said premises.
This Memorandum of Development Agreement is recorded for the purpose of
constructive notice. In the event of any conflict between the provisions of this
Memorandum and the Development Agreement itself, executed by the parties, the terms
and provisions of the Development Agreement shall prevail. A complete counterpart of the
Development Agreement, together with any amendments thereto, is in the possession of
the City of Dubuque and may be examined at its offices as above provided.
Dated this day of , 2015.
CITY OF DUBUQUE, IOWA KENNETH OBERBROECKLING
By By
Roy D. Buol Kenneth Oberbroeckling
Mayor Developer
28
Attest:
Trish L. Gleason
Assistant City Clerk
STATE OF IOWA )
SS
COUNTY OF DUBUQUE )
On this _day of , 20_, before me, a Notary Public in and for the State of
Iowa, in and for said county, personally appeared Roy D. Buol and Trish L. Gleason, to me
personally known, who being by me duly sworn did say that they are the Mayor and City
Clerk, respectively of the City of Dubuque, a Municipal Corporation, created and existing
under the laws of the State of Iowa, and that the seal affixed to said instrument is the seal
of said Municipal Corporation and that said instrument was signed and sealed on behalf of
said Municipal corporation by authority and resolution of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said Municipal
Corporation by it voluntarily executed.
Notary Public, State of Iowa
STATE OF IOWA )
SS
COUNTY OF DUBUQUE )
On this day of 20_, before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Kenneth Oberbroeckling, to me
personally known, who, being by me duly sworn, acknowledges the execution of said
instrument to be the voluntary act and deed of said company, by it and by him, an
individual, voluntarily executed.
Notary Public, State of Iowa
29
EXHIBIT F
DOWNTOWN HOUSING INCENTIVE PROGRAM
30
Dubuque Economic Development oewrtmenr
TDEc OFF 7-+ � mwen13^sneer
DVD E www Onnnwe,i)w 39i arw
,I I I I'r Office505)8 494393
TIY1563f fi96fifi]8
Masterpiece on the Mississippi , .,„, snp'/M+ .arvof 1ubugoe.org
DOWNTOWN HOUSING INCENTIVE PROGRAM
Maurice Jones
Economic Development Director
in onesicicitvofdubugue.org
Projects eligible to receive assistance from this established pool of funds must meet
the following requirements:
• The project must assist in the creation of new market-rate downtown rental
and/or owner-occupied residential units within the Greater Downtown Urban
Renewal District.
• The project must be the rehabilitation of an existing structure.
• Within the Washington Neighborhood, rental units must be located above a
commercial component on the flrst floor of the building unless the project Is
rehabilitating or reusing a former church or school building.
• Exterior alterations are subject to design review and approval. The Historic
District Guidelines shall apply to projects located in Historic Preservation District.
The Downtown Design Guidelines shall apply to all other project locations.
Projects which conform to the applicable guidelines may be reviewed and
approved by the City Planner. Projects that do not strictly conform to the
applicable guidelines will be forwarded to the Historic Preservation Commission
(HPC) for consideration. New construction or substantial rehabilitation projects
may also be considered by the HPC. The process for review is at the discretion
of the City Planner. Guidelines can be viewed and downloaded at
http7l/www.citVofdubugue.org/design guidelines.
• Any signs on the property that do not comply with City zoning regulations and
design guidelines must be included in the design review and improved to comply
with applicable City Codes. Submittal must include the design materials and
colors that will be used on the sign face, how the sign will be displayed, and any
lighting proposed.
• Include detailed drawing of the proposed project. The plans should include
dimensions and architectural details and label materials. Plans prepared by a
design professional (e.g. architect or draftsperson) are strongly recommended.
Applications without detailed drawings will not be considered complete and will
rye
31
not be accepted by the City.
• Deviation from an approved project plan may disqualify the project from the
program.
Preference will be given to projects that also utilize Federal and/or State Historic
• Tax Credits.
• No more than $10,000 in assistance will be considered per residential unit.
• In general, no more than $750,000 will be provided to a single project.
• No developer fee will be permitted until all city assistance is paid or satisfied
in full.
• The City will disperse awarded funds for the benefit of the project once
the project is completed and a Certificate of Occupancy has been given for the
housing units.
• Each approved project will also be eligible to receive site-specific Tax
Increment
Financing (TIF)for up to a 10 year period, depending on the project type and
scope.
• A minimum of 2 new housing units must be created in the project.
• Units smaller than 650 square feet will not be eligible for this project, unless the
project meets the guidelines for Federal or State Historic Tax Credits and is a
self-contained unit with a private bathroom and kitchen facility.
• No residential units will be allowed to have a restriction of less than 80% of the
median income.
• No more than 65% of the units of any project can have a restriction of 8D% of
the median income.
• A project that is funded by Low Income Tax Credits (LITC) is not eligible.
• The owner(s) of the property must certify that all other property in the City of
Dubuque in which the owner(s) has any interest, complies with all applicable
City of Dubuque ordinances and regulations, including, but not limited to,
housing, building, zoning, fire, health, and vacant and abandoned building
regulations.
EXHIBIT G
DOWNTOWN REHABILITATION LOAN PROGRAM, PLANNING AND DESIGN
GRANT PROGRAM, FAQADE GRANT PROGRAM AND FINANCIAL CONSULTANT
GRANT PROGRAM
33
( it, of DUbUGdo. lotva
Downtown Rehabilitation Loan Program ,
Planning and Design Grant Program ,
Facade Grant Program , and
Financial Consultant Grant Program
PROGRAM GUIDELINES
norm)
the Downtown Renablll6[Ian Loan, Planning and Design Grand, Peace Grant and Financed
Consultant Gant Programs are designed to fuller Ne goals and objectives of the Greater
Downtown Urban Removal Plan by creating Ne financial Imetal needed to eliminate
conditions of blight, mortal reNlal"hon ertwls and to retain or create employment
opto rtunifies and/or new housing units within the demi Tills program vnll addressbullding code
deficiencies as pad of each approved propect.
Eligible Applicants: Gmea of property within Ne Greater Universal Urban Rercwal
District(map attached).
Eligible Activities
and Assistance: dominated Rehab loan Program -TEMPORARILY MUSPENOEO
A maumum or a three hundred ttcusand doi ar NgfiM.00])lawinterest
loan isvailabie for drench and extenOr renabdiUdon, tacede
ovation and adaptivese m Paul buildings. Up m the NII
w
arnt m the loan may the forgiven for projects wth mn creme addroonal
enldoyment opportunMes amber new housing unitswimntheoNNct
Planning and Design Grant Program-Amu untern rarathmsand
dollar($10,000) matching grant is available N provide assistance on
predevebprreM costs associated with a project.
Facade Grant Program - A maximum of a ten thousand dollar
($10,000)natchi g grantdsavafiabkN po ndeass)stance on Indoor
metered tests for both or hear tarsi¢ renovations N restore a
th dgNg's hbtonc appearance or Hdmhate Napprcpnate additions or
alterations to improve overall appearance.
Financial Consultant Grant Program - A maximum of a green
thousand edited ($15,030) natchig grant is avadable N provide
assistance on hiring a finandal consultant used to anatyre the
feasibility of a project.
t
34
General Conditions:
• Property mustbe located In Greater Wenner Urban Renewal Distant
• Protects must be Ne rehabilitation of an etlsfing structure.
• Procell cannot e a single family home.
•
All existing code dehnences wMln a scope of a project must he
mnected and new Itrpmvenm6 trust campy wan all appf roble cocks
all ordinances.
• Owner of loosely must Gamy Mat all property In the Cry m Dubuque,
Im which Ne owner has any Interest complies your all applicable Cry of
Dubuque ordinances and reJulabons, Mount bin nth limited to,
housing, building, bound, fire, heats, and vacant and abandoned
bulging regulations.
• Farmer aueratlons are subject to design ready,and approved The
Historic DISNtl Guidelines shall appy M projects located In Historic
FTeservafion DISNc6.The Downtown Design Guidelines shall apply
all other project locations. Projects which conform to Ne applicable
guidelbesrsyrereneu Vandapproved UyNe City Planner. Rgetls
Met do not dincily mMorm to Ne applicable guidelines ll be
amended to Ne Deal Preservation Commission (HPC)Im
rdide atlon. Subsantlal rehabilifafion projects may also be
considered by Ne HPC. The process for review is at the discretion of
The Cry Planner. Guidelines can be viewed and downloaded
at Into:Owww.cityodubugs crNdesi umurdelines.
• dry signs sun Ne property that do nth comply war City adding
regulators and design guidelines must be induced in Ne design
review all improved to comply with applicable City Codes. Grumman
must include the design materials and colors Nat wil be used on Ne
sign ace, how Ne sign will the displayed, and any lighting proposed.
• Include detailed drawings of the proposed project Theplasshould
Include dimensions and architectural dentis and label mateals Plans
prepared by a design professional he g_architect or dmftsperoad are
strongly recommended_ ApplicamswnNrutdeaileddmawingswill not
be considered complete.
• Pppicantwill more reimbursed fapermnal labor costsrrlabrrcosts
Namiy members, nor can these costs be counted In Mu lsubject
costs.
• Projects may nth receive Ne ranmum amount of each Nmm of
assistance more Nan once
•
Postal"in an approved armed Nan may disqualifying gmlecthom
the Program
FOR MORE INFORMATION, please mnatl:
City of Dubuque
Economic Development Department
50 west I3N Street
Dubuque, Iowa 52001
(5G3j 589-0393
2
35
DOWNTOWN REHABILITATION LOAN INFORMATION
TEMPORARILY SUSPENDED UNTIL FURTHER NOTICE
Amount of Loan: A maximum of three hundred thousand collas ($3w,ow) per
Wilding shall be loaned ruling the life of the pmgmm. Pmlectsmay
ne phased!Mha minimum often thousand dollas($1o,OW)loaned
at any one time.
Interest Three percent(3%)Per annum.
Amorclssilon: Mwenry(20)years
Repayment:
MomnNpayments.
Interestonlypaymentsfromthebe nningof Me Wnuntil Meaidofy s.
• Pnnnpal and Interest payments fiom year 6 through 20.
Lamar Spesufic Conditions:
• Rehabilitation pm}Vs must mtlude a commercial component.
• Loans shall Pat exces nlnerypereent (90W of total protect coi
• Applicant must protide#least a second mortgage as security.
• AdddWal y applicant gust provide a cesonal truancy or other collateral the
value of Munn Is equal M the amount of Wn.
Approval Process:
1. Design ni by Me City Planning ceparaed or the Historical Preservation
C m®on is cerylred to exterior vmM on the aged
z Lmmareneneu VbyCMsfa0andappmvWby Ne OryG ncll.
a_ FunMW Hll W dispersed upon execution of all loan and added" documents.
3
36
AVAILABLE INCENTVES
Up to the full amount of Ne loan may ce forgiven by the City as an InceMrve for Ne creathon oI
new empbyment a inner housing opportunities In Ne Greater WxnNnn Urban Renewal UIsNd.
(anon a loan agreement Is Nlly exerted, loan fagfvencs shall occur either after Ne fiM
anniversary of Ne completion of w or Ne (IM annlveray of moral payments on Ne loan,
wTlclever comes sooner, In accordance w Ne fdbtilg guidelines.
Employment Incentive
Torn thousand dollars (42,000) May ce entered for eadl new NlFame fob or NII-bme
equivalent created and mawtalned by the apfAlconf ormslRxtenanf. room shall mean
new to the Miami
To quality,the applicant most document me follovnng:
• Mine job is a Nlbime position or a NlMone equivalent
• It is a paid palbon.
• Mie position Is created by a business or other ent ly located In the building
rehabbed or Improved wM loan NMs.
• The lcsmon was creator xMln torn years of Ne city munal's appwal of Ne con.
• The paDon has been numAalned fora pound of not less Nan three (3)years
Housing Incentive
Tan thousand talars ($2,000)mac be married for each new housing unit crated. A
new lousing unit man be defined as one of Ne NlMnng:
• The oeatcn ma M1usng and where one dind nm pmousfy mi or
• An exstng homing unit wNNlvss been unlicensed and unoccupied fora pencil
oP nm les Van fiveyans.
To grainy, Ne appllam must document the Nilmong:
• Theunitlsllcensedby Ne Clly
• The umtwascreatedwMmoao a of MeCry Cwnnl'sappoval came loan.
• The unit has been occuped for a pedcd m not less Nan three (3) years.
4
37
PLANNING AND DESIGN GRANT INFORMATION
mis program prosmes grants in Me Greater Downtown unhand Re al Destruct for mMg
arr5ntecti egmees orother pmtexacnal semces used prior to mnshucoon.
Amount of Gram: 1:1 marching grant rotor exceed ten thousand dollars($10i GeT
Wlldng may ce au2r0.M by the Cry to of ort the actual pre
-
develoamontm9s (Example: $8,500 m e mmle MgectcnstswOuld
rx $6,250 grant matUmd by $4,2% In private con0lbutled
$20.000orgreared gide pm)ecicmE wiwldrecelve Ne maximum
$10.000 grant)
Grant specific Conditions:
• Reimbunamnent is car artlnrmi am engineering tees, feasidlfly studies,
enwmnmemal assessments or other reNkd soft costs.
• Reimbursable et:peMrWres trust be documented_
• 6umer l hnelocernes are not permitted as numbmsade exipendmares.
• The grant stall not exceed ten percent (10%)of total protect anis.
• Gants w be dispersed upm mmpledon of Me pmjM at ante of 3a)50 her eaUi
$100 of qualified rusk.
Approval Process:
1. Orsgn renew by Me City Planning cepMureM or Me tGSPodcal Preseiva0m
(mkson s returned fon examor nndc on Me protect
2_ Gant applications wit de reNevred by City staff and approved by the City Manager.
3_ Funding vnfi be itspereed upon staff revs a documented expendrlures and inspeNm
of completed protecL
5
38
FACADE GRANT INFORMATION
mis program pmvtles grants in the Greater downtown urban Rezwal oisNtl bargain or mar
ra{ace rerovation to resmre Ne ta(a0e to its Uiston : appearance, or iapmve the overall
appearance.
Amount of Grant 1:1 matching grant but to exceed ten thousand dollars ($10,000)
shall be awarded by Ne City to qualifying projects based on total
eligible project costs. (Example: $8,500 In eligible project Parts
would receive a U.250 grant matched by $,250 in prvate
commution, $20,00C)or greater eligible protect costs would recave
the maximum $10,0103 grant)
Grant Specific Conditions:
• Reimbursement is for labor and mate al costs associated Win fri
Marro emenk, including, but but limited to rehabilitating or improving Wnbms,
Irani signage, or awnings to enhance overall appearance.
• Landscaping or screening Min fencing or beginning walls may be a rtvmbursable
expense m a determination is made that propend is improved adjacent to public
rlgi ytay_
• In oder to receive reimbursement for repointing,a mortar araysls sample may be
reques@ bream Ma ode NatwillberepoinR lteapmicammustadheretothe
results of that analysis in Mar emigratim mei as pad of Mar approved "ad
plan. the Cirymayreque vmr tion Nat NenewmolrmatMes Neresul W
the mortar analysis.
• Language man Me National Park Service Technical Proscavatun Seracos Was
may be atNOlnd as a condition for a Wilditg cemut it Ne api iant opposes to
perform reporting on Ne protect.
• Reimburame expeMtWres must be Narmenled.
• Grants ear be dispersed upon awror an of at a rate of$50 foreach$100
of comment costs.
Approval Powers:
1. Design rewew by Ne City Planning DeparMeM or Ne Histoncol PreservaAm
commission is reyuired for examor wnA on the"ad
2. Grant arbitration vnll be cased by Ciysta0 and approved by the City Manage.
3. Funding vall be depe cal upon staff revery ofexpenditures art inspection
as completed project
s
39
FINANCIAL CONSULTANT GRANT INFORMATION
Th¢ program provides godurs In Me Greater Uovmtown Urban Remora! CISIM for hiring a
flnancwl consultant to analyte Me feasmPity of projects.
Amount of Gram: 1 matting grant nom to exceed!fiRcentlpusand aollars($15,oW)
shall be awarder!to gwlgyng smec6 baser!on Ntal el gide project
ro9s. (iExani $5,500 in Hlglbk pmlect costs would reci a
U,250 grant mauled by M,250 in private contributor, $30,000 or
greater eligible cents would receive Me maximum$15,000 grant)
Grant Specht Conditions:
• Reimbursement n for fees associated will hiring a professional finanda!
consultant
• Reimbursable expeMmWres must the documented
• The grant shall not excused ten percenm (10%)of total pri costs.
• The rehadmUtlon project must be completed!lorMe I'wucial Coratant Gantt
be fumed.
• Grants vnll be 06ceaed open mmpledcn of at a rate m$50 for ei$100
of qualm"costs.
Approval Process:
1. Oeagn renew by Me City Planning Ceparbrent or Me Historico! Preservabm
Wir msson n required for exterior wnA on Me aged
2. Grant aplArcamions vnll M renebed by Citystad and approveV by the Cit) Manage.
3. Fuming vnll be depemed upon staff revew of documentteA expenditures and inspeNm
ora completed project
FvasFmi mi m.eo.anwFoi Di Ri�.Pi F.Uaz
a
40
Greater Downtown Urban Renewal District
Version 2013.1
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41
City of Dubuque, Iowa
Downtown Rehabilitation Loan Program,
Planning and Design Grant Program,
Facade Grant Program, and
Financial Consultant Grant Program
APPLICATION
w duthebugh the curb of Dubuque a Rehab,sudden clean Rural Pann in g
be
. mpmbut' apmt � and �ci" ;eqe°nieaawEgualDerdee' D:p= =s NWeiStao, : uel . i�wall
.
a. e by the Depth an a dust m dust ansa we q gal la ng pPiaw x,a
quarrivend to awarned]Dan Manuel and approvaioap=affishe an the api add reducem the
preder
Dare or Application:
APPLICANT INFORMATION
Omer name.
Applic Name:
Alli ess of RgecL
Msiling Abdul
Social 5ecu'rtya
Feaderal Tana In
TerepM1am:
Fax
Entail:
Mich assisral programs is this paten seeking?
❑ Dovmloam RMab Loan Pagram
❑ %anni�g aM Cesign Grarrt Rcgram
❑ Facaae Gam Pmgam
❑ Financial conanmm Gam Rcgram
"as applicant Jiscual details of this paje t vMM1 the City of DuWgce Planning
Department antl M1 been matl aware al IM1e CiWs &sign mAN Year
N
citpHuWgm.oM/plmning? Yea No❑
ff jobb with Whi
landatel the
42
oescnptmn of Projan:
�naddidonalsPaceIs needed,pease attach descdpgon as Abashment A.
Me detailed! &swings showing dimensions, a shite t ural details,and labels,
attadmd to the application? Please attach as Attachmerrt B. Yes El WE]
Now will the project father the nwitar inn of downtam7
pladtlieorul space is rural,passe attach as Attachment C.
Nunba of current housing units on property?
Number of new housing units created hong pojM?
Number of jobs currently in building?
Number of jobs creaked after instant cwryleted?
Is pawl of building ownership attached?
Please Andres as Attachment D. Yes E] No E]
If the mner is a fw-pont or non-pont wganimdon, is a Nesoludon aughted by
the Nomd W [Iiredws which aNM1wiss both the parject and Me application
ateched wbh the Minutes of Me Me fig when it was adopted? Resse athM as
AffachrwrtE Yesp WE] WAD
Will this pojectbe udlzng Federal or Sure IisWnc Tax Prather?Yes❑ No
fryers, wifh wham?
Page 2 of 5
43
Does applicant own or haw oanenAip interest in other pmpMies in Dubuque?
Yes❑ WE]
njrec please list addresses. fadalitmnalstactisnedeJweaseatfachas
Abachweal F.
Do Me above prcpmties comptt mth all applicable City of Dubuque entrances
and regulations, inchol but netlimited to, hosing, building, was. fire, M1eaM
and vacant and abaMoued building regulafions. Yes ll WE]
Do existing signs on the property comply with City Zoning regulations;and design
guidelines? Yes El ted❑ WAD
If to above ars of Me applicant is proposing naw signs, please
descent the design mxtenals and colors that will be used on the son face, hwr
the sign win be displayed, and any nghdng promised. n atlddiorui space is
raededplace athM as Arcachment G.
Page 3 of 5
44
Downtown Rehab Loan Proaram (TEMPORARILY SUSPENDED)
Amount of Waxing maintained:
Teal cost of pooled making momentum:
Intel security or collateral for the nnandng:
Mat u Mecroshuclim schedule for Me pmjM:
Dow;Me project include a canmercial compwaed? Yes i] Not
Is a Historical Intone Standard for the prcpem Mar z years)acacia
Revs¢include as Attainment N Yea i] Nei]
Is a cash naw projection indicating the ab to repay the ban
adichel Please include as Attachment 1. Yes❑ No
Tom made val be dapeased an a demanded basis as seems colds ad anning,Pr dompletal yes
seven wdl fter youndent must be damaged le ge Eadvorms,Development Demands,
Planning and Design Grant
Mat are the command!costs M planning and closing?
Hox much assistance is Me project requesting?
Invoices will be required to confirm espenditu .
Planning and Design chat Funds.11 be bludsonsed an complained made.duchournmenistudin offoul and an
in sought g the
be made Pr demr+mme�c imm.nuem mF u•rm•m must n.:ubmu.e a be mumu may
Facade Grant
What are the commdetl costs he fapde imprmrtments?
Hou much assistance is Me project requesting?
Mat u Me coastal dion schedule for lapde inprovemenh?
Will the peel include repointing amuck poininal Pill No i]
remoalexecutio xomWemaY�aWuired The.emWe xw��a
rttimbursabk e+psu3lue.
Invoices will be required to confirm expenditures.
Paying does Fundal the d off
the compeee ummu+t.mrt urns som�.:<n arm& a drummed Parolsed of age, m.
Deponment
Peaed MS
45
Financial Consultant Grant
Mat are the estimaletl costs M financial consultant services?
How much assistance is the poject requesting?
Invoices will he required to confictsexpenditures.
Giant
ebon
ioa m�Meee nrolm.�t.aeora 50 to.each si ooa ants Monet F" m
es�en � a. when nv�m m.sw^r•�m�nee
Nmol to to,seanowic m.'aarnonL o.nw.eat
Page 5 off 5
46
EXHIBIT H
CERTIFICATE OF COMPLETION
47
Prepared By: Jill Connors 50 West 13t1 Street Dubuque, IA 52001 563-589-4393
Return To: Maurice Jones 50 West 13t°Street Dubuque, IA 52001 563-589-4393
CERTIFICATE OF COMPLETION
WHEREAS, the City of Dubuque, Iowa, a municipal corporation (the "Grantor"), by a
Special Warranty Deed recorded on 2015 as Document Number 2015-
in the office of the County Recorder of Dubuque County, State of Iowa, has
conveyed to Kenneth Oberbroeckling (the "Grantee"), in accordance with a Development
Agreement dated as of 2015 (the "Agreement"), certain real property located
within the Greater Downtown Urban Renewal District of the Grantor and as more
particularly described as follows:
City Lot 75; and City Lot 74A EXCEPT the north 6 inches thereof; in the City of
Dubuque, Iowa, according to the United States Commissioners' Map of the Town
of Dubuque, Iowa
WHEREAS, said Deed incorporated and contained certain covenants and
restrictions with respect to the development of the Development Property, and obligated the
Grantee to construct certain Minimum Improvements (as defined therein) in accordance
with the Agreement; and
WHEREAS, the Grantee has to the present date performed said covenants and
conditions insofar as they relate to the construction of the Minimum Improvements, in a
manner deemed sufficient by the Grantor to permit the execution and recording of this
certification.
48
NOW, THEREFORE, pursuant to Section 2.4 of the Agreement, this is to certify that
all agreements and covenants of the Deed and the Agreement with respect to the
obligations of the Grantee, and its successors and assigns, to construct the Minimum
Improvements on the Development Property have been completed and performed by the
Grantee to the satisfaction of the Grantor and such agreements and covenants are hereby
terminated.
The County Recorder of Dubuque County is hereby authorized to accept for recording and
to record the filing of this instrument, to be a conclusive determination, except as noted
above, of the satisfactory termination of the agreements and covenants of said Deed and
the Agreement which would result in a forfeiture by the Grantee and right of the Grantor to
re-enter and take possession of the Development Property as set forth in said Deed and
the Agreement, and that said Deed and the Agreement shall otherwise remain in full force
and effect.
CITY OF DUBUQUE, IOWA
By:
Michael C. Van Milligen
City Manager
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE )
On this day of , 20—, before me a Notary Public in and for
said County, personally appeared Michael C. Van Milligen to me personally known, who
being duly sworn, did say that he is the City Manager, respectively of the City of Dubuque,
Iowa, a Municipal Corporation, created and existing under the laws of the laws of the State
of Iowa, and that the foregoing instrument was signed on behalf of said Municipal
Corporation by authority of its said City Manager and that he acknowledged said instrument
to be the free act and deed of said Municipal Corporation by it voluntarily executed.
Notary Public in and for
Dubuque County, Iowa
49
EXHIBIT I
PART 2 HISTORIC PRESERVATION TAX CREDIT APPLICATION
50
STATE HISTORIC SATE HISTOMC MEf RATION OFFICE
PRESERVATION stSCEe TAR cRmm MOGRAM
6BBrnnmc8�aiu 1 Fax msi2820502
OFFICE OF IOWA w wlnwahinmyw filnnnrpre� dnn
M XNTMEWUWLNRAL rVS any 1,2Bla—June 30,2015
HISTORIC PRESERVATION AND CULTURAL AND ENTERTAINMENT DISTRICT nc xumber
FY2015 PART 2 APPLICATION
Pan 2 - Condition and Treatment Application Checklist
This chei with oripwtSWWure must accompany an submittals of Farm zApprcarMu to Our sNro.Mw to wmpkaNg the applkatlon,wehNy
read the rat CretlN rmffiam Applkaaon lu UMom,avNWWe on our x ih ..
HIffin[Betling Na me_
Pi cane:
SOre[
Gly: Coin' SGIe: ZIP
IN ORONIN BE MMM.EACH MKIGTION Mg INRUDB MB FOLLOWING:
1 Pan2Applirafion Cbesk irthlhlslaged
I van 2Applirellonform
AHxlmeMs
knew Fee
L Renabmanon Documentation
I Pit 6Jnch Color Phourche
I Mold Xey
I CDROM with mmi appliance FEE chenhost,appliance,mtammenx and special attachments
Spatial AM&meM.as required their all that appN alM include required iMwrmation.
I Hlstonc Images las appllrablel
Window concerns documentation
L swnural fir is
RoiM Estivate
L Ownership Statement of met orappliram has mangid same Me Fan l appecalun nae submil6tlt
I Ihme retained dupllralese6 olall applirallon names,for the Applicants files.
I Ihoe read and fuly understand Ne State 9 Ivan Name Proserehon and cultural and EnNnainmenmi0inras cment Poorest law and Applirnlim InNlunt
ATpRGnYs$IgwWre Date:
agoAAropyMryml,tiriNNl/rH;pkmevgmdNemk�a'i�mRw¢;areMtarcep'abk
iulyl,Zme ulo PNn2APMaTION COMFORT 1OF1
51
STATE HISTORIC STATE HISTORIC PRESERVATION OFFICE
PRESERVATIONHPCEB TI Des Momes,IEDIT A 50319
60BFa9 trust)28197 pnMoi15)28 50)19
OFFICE OF IOWA Vimald®az ' h"5 5 B2-0502
nwamvwy 1,2014 Juneservannn
wNwwRrmemq(wrnxlrFHss wmw luryt,mje—lune3B,mjs
HISTORIC PRESERVATION AND CULTURAL AND ENTERTAINMENT DISTRICT s¢xnwlHr
FY2015 PART 2 APPLICATION
PART 2—CONOITI ON AND TREATMENT APPLICATION FORM
Met to subduing an appllrni applicants should review the lnuduwonaterthe tax credit program medical and application forms are avallableat
x .iomhimq.org/SHPOaQWkubyemailingpur"ue9toSHMTaa h@iowa.gw.Older verslmzd the astrachan term will not be a[reuLLd
NoswRsvxltlacmmksanmpMeo�MdNn AahvnreesM Nce rkamEytluYlPov�mgedNoip�'mm'dmaCewtluM➢sQEesmitlwamNrsrgplrce0anf In Ne Mal
ymmep nyNeereen NtagJrcaAcnxbrmwdtlAervy{VenvMryma&m1tubsuldq NeoZTAru9an(mmAotlMepe¢u4me AropJQlMsfrnnwltlbegaurcMlotlubxa�wNrtaAgr
Rzrenua
1. vrpen lMarmMian
H19odc Building Name:
2. Pr*dlnlwnuEon
Project Name(aappllrnble):
sb t
Gly: (on" state: ZIP:
3. Appf
I hereby andesi the Information l base proadea Is,to me best of AS knowledge,mi and that l am aumm¢ea m submit an consisted for approval of me building aesmbod
above.I undemandthaxalApwbondladual represental lntbRappurndon lssubledtolegxl sanmonsorpumsnmentunderbwa law.l herebyatlehmatmeiiAmmvbonl
rare prm,aeei:.mmebesimmTNnwleage,mrrea Imrmeranmtthatedmmwnn.mmmw.wnootiwue):
I Iammelegal owner or
I I I nlbecvnse qualllyas an'eligible WpaytY under Iowa Code Person AuVE!
HAS this iMo on dainged since tin Part t application and wWm. �Ts L xm
Name:
BBanbnilon:
sbcelMdress(Po BoxnNa[[eplM}
C7: State: OR
BayAmereelephone Number Email Mares(required):
epplimnrsslgnamre Bah:
ggvM 9rsapvrcdMSNRI/kpkme�n,bAremk�Zs@N4roeswerwlnaeµ0k
It mtm v jn PART2APPGrnnoN OF
52
Stt Number
4, Projectional
This name will be responsiblefor(ommumraling updates tote made project team The SXPo vnlI communicate mrsorllYwlth me pmjot manager and applirand
Has this inlnrmatidn changed since the Parti applimatian was counted? I11fies LJ No
Name:
orgamvabon:
sbreudaress IPo Nm using"
07: sale: div:
uaplme Ielephone Nmmber NmB Mitres(regmreb):
6. Prellppimlun NxEiq
Date ofywr preappllrdaon me bing(MM/DDIO)
6. MildingaMReMbilMon Project
Estimated qualified read ependaust AntlOpatal mnsWdlm shot date(MM/opBTYI
o5H5)betme rehadllFund MA[IpttMconmdionmmpldicn Wte(MM/E/
Proposetl use(q alder rehablliahen: Number of housing units before rehab:
Building mnMmaOn had: Number that were In moderate income:
RMtl of ANlNcanm them Pad l applirMOn): Numberlhe[wdl belw-moberab loom¢:
Floor area beloe reludNabon: :mal numand of True ng unit alar reheb:
Floor area alder rebablllaton:
]. iax[retlk FUM ■
Have you or are you bound apply for the fetlttal lnretNm Tax(m11p Floor J No
iae(redlt Wntl Selodon(Seltttone)
J Small Project Fund—The final qualified rehabilitated ecpenddureswhl be 5]50,000 or under.
I large projects Fund—mefind qualifietl rehabluUOon efignmeresudll bewer$F50,000.
iax(rMAWnd Selttton:It an applicant has rerel(pMlt for Has building from the Small Pmlectsfund In the ll the applicant is now llmibtl to using Ne Small Projectluna
for Has apphishodidtell qualified rekdhatonexpentllbror for all sediment;on thesame budding thiingther Small Pmleds fund are final to l3 r" lfanappfaanlhm
re¢mtl(palms from a mind other than the Small Pmfiot fund for Has bedding in the past the applicant is Hobble for the Small Samuel Hand on NH or arryHabre productfm this
budding
Spi INUR Ns6 oen
ibe SHK Ham renema Ue Par 2,pph,,bw Fmrbeahrya-names build ing dna massdowmines:
lherebabiLAfion H. ...ent thin irma,da.aon AOe bidding,th,diNidana the real most,heJem/oryQlkThus,Fiat...me
m,m,.mrun cry%n,ll re,ft ,d app,onlcon be lssuN onlyk NcapPlimnrk,,n api M1iarn,buildielmorrth,b,lipbm our, ,al Pad 3apPlkew....unusual
anaapP,wed.
the:¢habil:Ailed will ime laekmloryafMelm JbMa,T(vl4dadtbAhnd NeaMAeJ mnailiom art mi
meienabobaenn is wt nxidek with ue ni,tnn, h,,T ,arm hooding rift,hiss,and lh[Plnimare,mrmm A mpr of to is k,m
,,It m pmaam k thelnwa Dusimmml ve,mo
slam,Huns,Morocco bMrennuwetl Same: per
JULY 1,2014 v 10 PAU2APPuunoN of
53
Stt Number
S. Detailed oewilNion of Rebabilifaucan urvaGon again
Fare of Submittal
HIStou Bulltling Name:
Project Untie:
Strcet
Clly: County:
Indents stlewntt new mn9mtfion,alterations,eh.Complete blink bi
FNi N[bNesNal Festano Approximate Date of Feature:
Describe existing feature alM its wntlNiun:
rose No: Drawing No:
Describe suorN and impact on feature:
Number: N[bitMural Famous Approximrte Date of Feature:
Describe existing feature alM its cantlition:
me No: Drawing No:
Usua a work and impact an Nature:
foLY 1,2014 V10 PAIR 3 APVLIC N10N OF
54
Stt Nmbm
Number: amitenural Feature: Appozieate Date of Feature:
Describe existing feature and its condition:
Photo No: Draxmi
Describe work and impact an feature:
Numbn: a[M1itMmal feaNre: Appozimrte Date of Feature
:
Describe existing feature add its condition:
mom No Driving No
Describe work and hewn an feature:
limbs a[hitMural Feature: Approximate Date of feature:
Describe existing feature and its condition:
mom No _..__. __._. _..__ Drawing No
Describe work and impact on feature:
JDL°1 C1d! c PADS 2aPPLI(a N OF
55
EXHIBIT J
ACOUSTICAL REPORT
56
TALASKE Adamfohnson AIA
•""•••••••••. Adam Johnson Arclirtenure
211 Fri St
Galena Illlnos 61036
; AS
F ! i 20 May 2014
Reference: 253 Man Sheet-Dubuque
'g E 5 Sic-6o floor System
Dear Adam
hwasapleasuremvrsk Dubuque earlier Mis week. kis always good to be workng wera
conscientioush as was the tase.
Tfus report iderfil t construction necessary to adiieve an estimated minimum STCL
floodcaling sysrarn between the bar below and the apo nt above This is c0nsistent wRfi
ire requiremer n;of our proposal. I five also idemifled addie0nal irdomation thA relates to
ire situation w an adder cum to tris report
VHOE0.5TLHOIHGE GN0065ERNFAMOHS
We understand and observed tri fellos ing
Theeo ngwoodjoimwillberemovedanddiscarded. Theensnngbnceilinginthe
bar will be removed and reinstalled on Me new ceiling The intent is to keep the.vme
historic look in t bar with a ceiling rogMirat is silto existing
Mex open web or bar posts will be irrstlled
The maximum thidmess b ire ermre floor✓ceil'mg assembly is as noted below. This
dimension includes Y."wood flooring in[re ap ronert or oMer similar floor surface.
The maximum weight afire floorlceiling assembly is m Med below.
The bickwalb will be retuned in ire no.
The wilt of Ne apartment will be new gypsum board overthe existing brit:.
The 3'floor aparrrient will be buik out in a manner nailer m the 2 floor,
urxlerstaMing tfat less weight is needed
57
® Adam .AlA
20 Mayy M01414
Page 2
TALAS K E Ba,ed en me cemmeRAbat floorapanme on a jwmtpa�ls are diss,hbea by
••"•"•""" Abe sound bom the ban,tins strongly suggests biar:dolang becondary nose paths via
sWcwre-home nose) is occurrung via be brick walla
Based on our conversations,be space and waiglrt limitations happen to coinade with the
construction requirements necessary to achieve an STC-60 performance tube recommended
fooriceiling construction noted below.
RECOMMENDED ROGPICEILIMG C3MSl0.UCTpM
We recommend be fllowiug construction to meet the STC110performance This
recommendation is bawd on he fllowing general limitations dAbe she reactions:
25 pet plus weigh[ofjost structure
2T by to bottom dimension induding upper floor surface,excluding tin ceiling
We recommend and fbodoeiling system as follows
I. Afloor/celingsystemshmldbecreafedw Nefolk ngdemenis(lisadb mto
top).
a 2 hyers dSIR"gpsum board,�ped for tach lays,vnth Greta Glue betwffin
fetwo layers Instill gypsum 6oaN layers on isolated tat channel,noRd below.
Awidallpmetreewcinthegypsumbomdwallrystem. ConduMfghtingfutunes,
etc should be surface mnumee below be gypsum board. Reinsdl tin refiling
while avoiding opening or gaps
b. Nzt manual isolated with Kmabcs ImMax Clips attadred f the bottom oftbe
finis. Avoid all rigid conrection between gypsum beedthxt cannel and joists
above. Avoid nod connection of isolated gypsum board wdl adjacent loan or
other walk of the bar. Prvvide 'i W filled wnb rod backer and caulked to an
airtight mal using
c Positions as required muDurdb. Minimum 12' 'm height Instill minimum G'of
minimum 2.5 pound per cubic fot otos or minerd fiber sound absorbing ben
w thin void.
d Provide%T'miles ofbserod on top rust oftruss to sense as base it sectors
Secure to turns avid rattles.
e. Provide minimum l"hilb isolators 2"high isolators are preferred foaxace
permits. Manufacturer to select metal achieve maximum 1642 resonant
Requenry plus 0.10 to ).15"static deflection bash on the load noted below.
58
® Adamfa014 AIA
20 May Page 3
TALASKE Manufarnrewidermy un<emer Waring nrl:olamr, 'mduding liveloadsand
, • • '"••• "" loads of innarwalk rererencad In addendem. Use adbeslw ur nmention system
permanufacwrerw avid laterd movement oFiwhtors
f Provide l x 4 wood sleepers abate isola[mz
g. Irstal minimum 4.5ofstructualconvete subflooron wp ofkxpers Avoid
ngdconnectionofupper(IaLLd)floorsystemlo Mesurroundmgbnckarld
ower walls Use penmeter isolation board betwffin floor edges and adlazent
walls
h. IreU11 Gypvete on top surface ofslrurtund concrete subfoor to acri a
minimum 15 psf above de sleepers(15 0 ndudes de weight of tre strucwra
concrete subflme) Avoid ngid connection d upper floor system to the
srrsvunding briAand otnerwalz Use perimeter isolation board between ibor
edges and adjazen[walz
i. Finohfloorvnffr Y,T&G odflomng Thisfloorisasv dwbe3ps.. Ta
Tighter floor system a used,the rankness in Gyperete should be increased m
o((et dmerence in weight Avoid penetrations in floor system. Rpea crinis etc
require resilient dedilingm avoid mind connections of isolated floor to
surrounding and supporting smcwre
2 vale all construction am&using permanemlfrevliemazoustial s=aart
MInEll
Green Glue:h�//w ..ereevWl omoanv.coMpmduc mise finxomwund
Gnetics somas:Clips:h[wllwxva.kreticsnoisemMarchlisomazhtrnl or equal.
Acoustial Sealarrt by Tremco or USG.
Sound Absorbing Batt htw//w.waNemvtbercoMoortalsl0lodflwundrresys[emzrzWoeodf
crequa
Iwlamm Ftt llwww.mason-i ndumriezcoMmawnnc/ dodip fleafin l 14v2pdf or
hfm//wentkmgimosecoMM rhwnl
Simcand Carcreta Sublldor: hfw/Avww.usacomkamem/usgcaMenloroducts-
wlutionJoroduc¢/strmtuallfloor-pamislsirucmcrxe-structualcon<reiepamlzimml
Perimeter kolation Board htto/AvwwmasoniMustriezcomlmason rid dododBCc]5-P]odf
Or Mwl/www kirreticsno scum/arkJodf/ob srb soecsocf
59
Adam
® fohnson.AIA
20 May lhn
014
Page
TA L A S K E wnh the conati„mon noted awe lowed pmw*,,me s C W pefom ce is a ci*ed
^,•^`•,""'° peracunenty onorASr DBOtestmethod. Tmea red(ollovingcompleted
ronstiuction,m NIC-55 arnustic Isolation We om m Is anticipated per Me cur ntversion of
A 0"test method
We hope this information meets your needs.
Cordially,
Rhd Talaske,FA
60
AdamAlA
20M y20142o14
Page 5
TALASKE �Mi
............. The following matters peke to the construction referenced above.
While the space and weight lima abons happen m coinade wadi the mrrstruction
requiremerrts nito achieve w STC-6B performance,dis construction system is
nor sdfi to mtiHisolatethe sound reamd 'in the bar. Audile sound is expected
in the aparment,butihe levels will be significancy less than the former floonfailing
construction. The amourrt of sound perecration would depend on loudi in the bar.
Predomirutely, lowyitrhed sound is arrroperied to penetrate inns the anumnent
The apartment could benefit from mnstiuding inner walls of double Oyer gypsum
toured walls on sap rma studs which are held has of the brick and offer walls by I".
These wills should be construcmd directly on the isolated StucmrretarGypuete floor
system,with isoUfors select d m address Me load oftM walls, Likewise,inner
window systems should be provided widuin the isolated walls mus Lanni glass,
The coling ofthe 2 floor aportrcert should be double Oyer Miscast board isolated
usngihelsol a dips. Cnnnecdonsar litiesrequimmslimtdedilingmawidngid
comedian ofthe inner"bin" with the surrounding construction.
The 3i°floor aparimerrt should be constructed in a similar manner,understanding that
the weght cl iM floor system can be reduced from 15 insfto minimum 45 psf.
The question regarding die cermlopmerit of a proper noise s czrd was ruses.
Simply identlying the STC(Sound Transmission Oas) is irsuMrient for tyro pnnsmc
reasons, The STC metric does rM address law pitched sound (below I W Ha cycles
per second)and the amount of acoustic solation needed would very depending upon
the sound level in the secure mom (in this case,the Bar) and The sureties wchin the
mcerver mom (in this case,a dwelling.)
A more proper metric for ilenti(ying arousbc isolation requirements within a
completed building is a test method refied m as NIC(Nose IoUtian Owd based
on the current sermon cfASTM 066 procedures,However,the NIC metric also is
deficient zt addressing lowptded sound. her conscious'inwpvingare cradion of
Iawpothed noise (such as a Bar)the NIC motor should be complimented by NR
(Noise Pedudion perfamence) requiremerr6 for lowputdued sound hely cenfied
by NR in me 61 octave band.
An aherrutive andlar supplemendl method of credurg a nose endurance would be to
union rythe all able sound lend at a property,line.
End of Addendum
61
CITY OF DUBUQUE
OFFICIAL NOTICE
NOTICE OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF URBAN
RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A
DEVELOPMENT AGREEMENT RELATING THERETO WITH KEN OBERBROECKLING.
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa,
will hold a public hearing on the 6th day of April, at 6:30 p.m. in the City Council Chambers
at the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa, at which time City Council
will meet for the purpose of taking action on approving the Development Agreement and
authorizing Urban Renewal Tax Increment Revenue obligations relating thereto, the
proceeds of which obligations will be used to carry out certain of the special financing
activities described in the Greater Downtown Urban Renewal District, consisting of the
funding of economic developments grants to Ken Oberbroeckling pursuant to the
Development Agreement, under the terms and conditions of said Urban Renewal
District Plan. It is expected that the aggregate amount of the Tax Increment Revenue
obligations is approximately $115,000.00.
At the meeting, the City Council will receive oral and written objections from any
resident or property owner of said City to the above action. After all objections have
been received and considered, the City Council may at this meeting or at any
adjournment thereof, approve the Development Agreement, and authorize such Tax
Increment Revenue Grant Obligations or will abandon the proposal. By order of the City
Council said hearing and appeals there from shall be held in accordance with and
governed by the provisions of Section 403.9 of the Code of Iowa.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or
TTY (563) 556-9948 at least 48 hours prior to the meeting.
This notice is given by order of the City Council of the City of Dubuque, Iowa, as
provided by Chapter 403 of the Code of Iowa.
Dated this 20th day of March, 2015.
Trish L. Gleason
Assistant City Clerk of Dubuque, Iowa