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Novelty Iron Works - 3rd Amendment to Development Agreement Copyright 2014 City of Dubuque Action Items # 4. ITEM TITLE: Novelty Iron Works - 3rd Amendment to Development Agreement SUMMARY: City Manager recommending approval of a Third Amendment to the Novelty Iron Works Development Agreement. RESOLUTION Approving the Third Amendment to the Development Agreement between the City of Dubuque, Iowa and Novelty Iron Landlord, LLC SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Novelty Iron Works-Third Amendment to Development Agreement- City Manager Memo MVM Memo ❑ Staff Memo Staff Memo ❑ 3rd Amendment to DA Supporting Documentation ❑ Resolution Adopting Amendment#3 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: Novelty Iron Works —Third Amendment to Development Agreement DATE: March 11, 2015 Economic Development Director Maurice Jones recommends City Council approval of a Third Amendment to the Novelty Iron Works Development Agreement to extend the substantial completion date to March 10, 2015. The amendment will also clarify when payments will be due for certain parking spaces that were committed from the City. It also clarifies the amount of voluntary assessment to be forgiven, and sets forth the documentation requirements in order for the City incentives to be paid. 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 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: Novelty Iron Works — 3rd Amendment to Development Agreement DATE: March 1, 2015 INTRODUCTION The purpose of this memorandum is to request City Council approval of a 3rd Amendment for the Novelty Iron Works Development Agreement in order to extend the substantial completion date, as well as clarify several other sections. BACKGROUND On June 17, 2013, the City entered into a Development Agreement with Warehouse Trust, LLC, assigned to Novelty Iron Landlord LLC, for the renovation of the Novelty Iron Building. The Development Agreement established a closing date of December 30, 2013. A 2nd Amendment, executed January 6, 2014, extended the closing date to June 30, 2014. However, it did not simultaneously extend the date of substantial completion of the project. DISCUSSION The Novelty Iron Works project is nearing completion, but has passed the substantial completion date of December 30, 2014 as set forth in the original Development Agreement. The 3rd Amendment will extend the completion date to March 10, 2015. This Amendment will also clarify when payments will be due for certain parking spaces that were committed from the City. It also clarifies the amount of voluntary assessment to be forgiven, and sets forth the documentation requirements in order for the City incentives to be paid. RECOMMENDATION/ ACTION STEP I recommend the Council approves the attached resolution, authorizing the Mayor to sign the 3rd Amendment. RESOLUTION NO. 94-15 APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND NOVELTY IRON LANDLORD, LLC Whereas the City of Dubuque, Iowa (City) and Warehouse Trust, LLC (Developer) entered into a Development Agreement dated for reference purposes the 17th day of June, 2013 which Development Agreement was assigned to Novelty Iron Landlord LLC the 5th day of August, 2013; and Whereas City and Developer now desire to amend the Development Agreement as set forth in the Third Amendment to Development Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby approves the Third Amendment to Development Agreement. Section 2. The Mayor is authorized and directed to sign the Third Amendment to Development Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 16th day of March, 2015. Attest: Trish L. Gleason, Assistant City Clerk oy D. Buol, Mayor THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND NOVELTY IRON LANDLORD, LLC This Third Amendment to Development Agreement, dated for reference purposes the 16th day of March, 2015, is made and entered into by and between the City of Dubuque, Iowa (City) and Novelty Iron Landlord, LLC (Developer). Whereas City and Warehouse Trust, LLC entered into a Development Agreement dated for reference purposes the 17th day of June, 2013 which Development Agreement was assigned to Developer the 5th day of August, 2013; and Whereas City and Developer desire to amend the Development Agreement as set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES THAT THE DEVELOPMENT AGREEMENT IS AMENDED AS FOLLOWS: 1 . Section 2.3 of the Development Agreement is amended to read as follows: 2.3 Timing of Minimum Improvements. (1) 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 March 10, 2015. (2) The time frame 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 similar judicial 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. Section 3.1 of the Development Agreement is amended to read as follows: 3.1 . Parking. Subject to terms of this Agreement and compliance with applicable Iowa law, including, but not limited to, the holding of public hearings on proposed plans, specifications and forms of contract, and as otherwise provided for in this Agreement, 021315bal City hereby agrees to design, bid and construct, or engage a qualified contractor to construct, parking improvements for up to 120 parking spaces on property controlled by City not more than 600 feet from Developer's building locally known as the Novelty Iron Works Building (the Iron Works Building) to be rented to Developer for use by building tenants or owners residing within the Historic Millwork District PUD, at a monthly rental rate established by the City Council (the Iron Works Parking Spaces). The Iron Works Parking Spaces shall be rented to and paid for by Developer as follows: (1) At least 20 spaces no later than March 1 , 2015; and (2) At least 20 additional spaces no later than April 1 , 2015; and (3) At least 20 additional spaces no later than May 1 , 2015; and (4) The balance of the parking spaces no later than July 1 , 2015. Developer may sublet the Iron Works Parking Spaces to third parties provided that the subtenant is a tenant or owner residing within the Historic Millwork District PUD boundary. 3. Section 3.2 of the Development Agreement is amended to read as follows: 3.2. Voluntary Assessment. A Petition and Waiver Agreement was signed by Developer on August 6, 2010, agreeing to a voluntary assessment for street and streetscape improvements for the following amounts: Private Street Donation Assessment $496,360.16 Private Sanitary Sewer Assessment $2,500.00 Private Water Service Assessment $15,000.00 Total Assessment $513,860.16 The Private Street Donation Assessment shall be forgiven entirely, minus any penalties or late fees, if the Minimum Improvements are completed in accordance with this Agreement as determined by City in its sole discretion. 4. Section 3.8 of the Development Agreement is amended to read as follows: 3.8. Written requests for payment of grant funds must be submitted to the Economic Development Department together with such evidence of compliance with this Agreement as may be requested by City in its sole discretion, including but not limited to satisfactory evidence that Developer is financially capable of successfully completing the requirements of this Agreement. 2 CITY OF DUBUQUE, IOWA Bv. D. Roy; . Buol, Mayor Trish L. Gleason, Assistant City Clerk 3 NOVELTY IRON LANDLORD, LLC By: Its: Peitts l r