Development Agreement with Friends of St. Mary's/Steeple Square, 1501 Jackson_Initiate Copyright 2014
City of Dubuque Items to be set for Public Hearing # 4.
ITEM TITLE: Development Agreement- Friends of St. Mary's/Steeple
Square, 1501 Jackson Street
SUMMARY: City Manager recommending setting a public hearing for
May 2, 2016, on entering into a Development Agreement
with Friends of St. Mary's d/b/a Steeple Square for the
property located at 1501 Jackson 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 Friends of St. Mary's D/B/A/
Steeple Square, and providing for the publication of notice
thereof
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for 5/2/16
ATTACHMENTS:
Description Type
1501 Jackson Street Development Agreement-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Development Agreement- 1501 Jackson Supporting Documentation
Resolution Setting 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 Friends of St. Mary's d/b/a Steeple Square
to Redevelop Property at 1501 Jackson Street
DATE: April 13, 2016
Economic Development Director Maurice Jones requests the City Council set a public
hearing for May 2, 2016, on entering into a Development Agreement with Friends of St.
Mary's d/b/a Steeple Square for the property located at 1501 Jackson Street. They key
elements of the Development Agreement are:
1. $1201000 (12 units x $10,000) through the Downtown Housing Creation Program;
2. Fagade, Design & Planning, and Financial Consultant grants totaling up to a
maximum of $35,000.
3. 10 years of Tax Increment Finance (TIF) rebates of property tax increases.
4. The plans for this building will create 12 new residential units at a cost of at least
$3.8 million by June 30, 2017 which, in partnership with the local non-profit
Opening Doors (Maria House & Teresa Shelter), will provide programming for
permanent supportive housing for its residents, as needed.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael 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-Am,ftlily Dubuque,Iowa 52001-4864
DUB3 &kE1 I 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 Friends of St. Mary's d/b/a Steeple
Square to redevelop property at 1501 Jackson Street
DATE: April 12, 2016
INTRODUCTION
This memorandum is a request for the City Council to set a public hearing on May 2,
2016 on entering into a Development Agreement for the property located at 1501
Jackson Street.
BACKGROUND
Several buildings on the St. Mary's campus have sat vacant for several years, including
the former Catholic Church, the former parish rectory, and the old school building (1501
Jackson Street). A committee was formed, called the Friends of St. Mary's, to begin
creating a vision for the best use of these buildings. The committee has decided to
create housing options on the campus in the 1501 Jackson Street building, along with
additional programming in other buildings as funds become available.
The plans for this building will create 12 new residential units at a cost of at least $3.8
million by June 30, 2017 which, in partnership with the local non-profit Opening Doors
(Maria House & Teresa Shelter), will provide programming for permanent supportive
housing for its residents, as needed.
DISCUSSION
The proposed Development Agreement provides for several incentives to encourage
the $3.8 million redevelopment of the property. The key elements are as follows:
1. $120,000 (12 units x $10,000) through the Downtown Housing Creation Program;
2. Fagade, Design & Planning, and Financial Consultant grants totaling up to a
maximum of$35,000.
3. 10 years of Tax Increment Finance (TIF) rebates of property tax increases.
Additional terms and conditions of the disposition of the property are included within the
attached Development Agreement.
BUDGETIMPACT
The $120,000 for housing creation will be funded from CIP 3602438 (Washington
Neighborhood Downtown Housing Incentive), which has a current balance of$522,343.
The $35,000 in grants will be funded from CIP 3602436 (Washington Neighborhood
Business Incentives), which after a budget transfer in the FY16 Budget Amendment
process will have a balance of$53,304.
RECOMMENDATION/ ACTION STEP
Based on the critical need for downtown housing and the City's goal to assist in
redeveloping the downtown Washington Neighborhood area, I recommend the City
Council adopts the attached resolution to set a public hearing on the attached
Development Agreement with Friends of St. Mary's d/b/a Steeple Square.
Prepared by/Return to: Jill Connors, Economic Development. 50 W. 13th Street, Dubuque IA 52001, 563 589-4393
RESOLUTION NO. 155-16
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 FRIENDS OF ST.
MARY'S D/B/A/ STEEPLE SQUARE, AND PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
WHEREAS, City and Friends of St. Mary's d/b/a/ Steeple Square have entered 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, 50 W. 13th Street, Dubuque, Iowa; and
WHEREAS, the City Council has tentatively determined that it would be in the best
interests of the City to approve the Development Agreement, with Friends of St. Mary's
d/b/a/ Steeple Square; 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 1501 Jackson 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 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
2nd day of May, 2016, 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
Friends of St. Mary's d/b/a/ Steeple Square, the proceeds of which obligations will be
used to carry out certain of the special financing activities described in the Amended
and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District,
consisting of the funding of economic developments grants to Friends of St. Mary's
d/b/a/ Steeple Square pursuant to the Development Agreement. It is expected that the
aggregate amount of the Tax Increment Revenue obligations to be issued will be
approximately $260,000.
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 18th of April, 2016.
Ric W. Jon ayor Pro -Tem
Attest:
Kevir%Fir stahl,'City Mark
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA,
AND
FRIENDS OF ST. MARY'S d/b/a STEEPLE SQUARE
THIS DEVELOPMENT AGREEMENT(Agreement)dated for reference purposesthe
day of 2016 is made and entered into by and between the City of
Dubuque, Iowa (City) and Friends of St. Mary's d/b/a Steeple Square (Developer).
WHEREAS, Developer is the owner of the following described real estate (the
Property):
LOT 1 OF CITY LOT 493; locally known as 1501 Jackson Street
and
WHEREAS, the Property is located in the Greater Downtown Urban Renewal District
(the District) which has been so designated by City Council Resolution 178-14 as a slum
and blighted area (the Project Area) defined by Iowa Code Chapter 403 (the Urban
Renewal Law); and
WHEREAS, Developer will undertake the redevelopment of a vacant building
located on the Property and will be operating the same during the term of this Agreement;
and
WHEREAS, Developer will make a capital investment in building improvements,
equipment, furniture and fixtures in the Property (Project); and
WHEREAS, the Property is historically significant and 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, City has the authority to enter into contracts and agreementsto implement
the Urban Renewal Plan, as amended; and
WHEREAS, the Dubuque City Council believes 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:
SECTION 1. REPRESENTATIONS AND WARRANTIES
041116ba1
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 A.
(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 or which
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 orspecial 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.
(8) As of the date of this Agreement there has been prepared and approved by
City an Urban Renewal Plan for the Project Area consisting of the Urban Renewal
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Plan for the Greater Downtown Urban Renewal Plan, most recently approved by
City Council of City on June 16, 2014, and as subsequently amended through and
including the date hereof, attached as Exhibit E (the Urban Renewal Plan). A copy
of the Urban Renewal Plan, as constituted on the date of this Agreement and in the
form attached hereto, has been recorded among the land records in the office of the
Recorder of Dubuque County, Iowa.
1 .2 Representations and Warranties of Developer. The Developer makes the following
representations and warranties:
(1) Developer is an Iowa non-profit corporation duly organized and validly
existing under the laws of the State of Iowa, and has all requisite power and
authority to own and operate its properties, to carry on its 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 time
of closing, confirming the representations contained herein, in the form attached
hereto as Exhibit B.
(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 of the
articles of incorporation or the bylaws of Developer or any contractual restriction,
evidence of indebtedness, agreement or instrument of whatever nature to which
Developer is now a party or by which it or its 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 its obligations under this Agreement.
(5) Developer will perform its obligations under this Agreement in accordance
with the material terms of this Agreement, the Urban Renewal Plan and all local,
State and federal laws and regulations.
(6) Developer will use its best efforts to obtain, or cause to be obtained, in a
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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.
1 .3 Closing. The closing shall take place on the Closing Date which shall be the 301h
day of May, 2016, 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 June, 2016. 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 C.
(2) Developer shall have the right to terminate this Agreement at anytime prior
to the consummation of the closing on the Closing Date if Developer determines in
its sole discretion that conditions necessary for the successful completion of the
Project contemplated herein have not been satisfied in Developer's sole discretion.
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 B.
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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
2.1 Required Minimum Improvements. Developer will make a capital investment of not
less than Three Million Eight Hundred Thousand Dollars ($3,800,000.00) to improve the
Property (the Minimum Improvements). The Minimum Improvements shall consist of the
creation of twelve (12) housing units (the Units).
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 conformitywith 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 June 30, 2017. 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
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.
2.5 Certificate of Completion. Promptly following the request of Developer upon
completion ofthe Minimum Improvements, Cityshall furnish Developerwith an appropriate
instrument so certifying in the form attached as Exhibit F. 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.
s
3.2 Economic Development Grants to Developer. For and in consideration of
Developer's obligations hereunder, and in furtherance of the goals and objectives of the
Urban Renewal Plan forthe 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, as follows:
November 1 , 2019 May 1 , 2020
November 1 , 2020 May 1 , 2021
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
November 1 , 2027 May 1 , 2028
November 1 , 2028 May 1 , 2029
November 1 , 2029 May 1 , 2030
pursuant to Iowa Code Section 403.9 of the Urban Renewal Law, in amounts equal to the
actual amount of 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 interest that may accrue thereon prior to payment to
Developer) during the preceding six-month period in respect of the Property and 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 , 2015 ($155,960.00). Developer recognizes and agrees that the Economic
Development Grants shall be paid solely and only from the incremental taxes collected by
City in respect to the Property and Minimum Improvements, which does not include
property taxes collected for the payment of bonds and interest of each taxing district, and
taxes for the regular and voter-approved physical plant and equipment levy, instructional
support levy, and 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 , 2018, its request for the available Developer Tax Increments resulting from
the assessments imposed by the County as of January 1 of that year and each year
thereafter until and including January 1 , 2028, 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, 2018,
the Economic Development Grants in respect thereof would be paid to the Developer on
November 1 , 2019, and May 1 , 2020.)
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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 St. Mary's
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 St. Mary's 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 St. Mary's 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 Developerto 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 Developerwith
respect to the use thereof.
(1) 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 3.5(1). 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. Such resolution shall be
considered for adoption by the City Council at a public hearing held on or before
December 1 st of any year, and notice of such hearing shall be given to Developer at
least 30 days prior to the hearing. The resolution shall be approved by not less than
a majority of the total number of members to which the City Council is entitled.
Developer and all other persons having an interest in the matter shall be given an
opportunity to be heard at such hearing and prior to the adoption of such resolution.
(a) 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 purpose; and, ii) Developer shall be
released from all further obligations under this Agreement during that same
fiscal year.
(b) 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 §403.19(2).
(c) The right of non-appropriation reserved to City in this Section 3.5(1)
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.
3.6 Downtown Housing Incentive.
(1) City agrees to provide to Developer, on the terms and conditions set forth
herein, a grant in the amount of One Hundred Twenty Thousand Dollars
($120,000.00) (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. The Grant shall be paid in Ten Thousand Dollar
($10,000.00) payments for each apartment that receives a Certificate of Occupancy
up to a maximum of twelve (12) apartments. 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.
3.7 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
8
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.
3.8 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
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 H.
3.9 Financial Consultant Grant. City agrees to provide a matching (1 :1) 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 set forth in Exhibit I. Such funds will be disbursed only on completion of the
Minimum Improvements, documentation of costs and an inspection of the completed
Project.
3.10. 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 shall conform to the U.S. Secretary of the Interior's
Standards for Rehabilitation.
4.2 This section intentionally left blank.
4.3 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 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.
4.4 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
unless Developer's obligations have been assumed by another person pursuant to the
provisions of this Agreement.
4.5 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
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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.
4.6 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 at its sole cost
and expense builder's risk insurance, written on a Completed Value Form in an
amount equal to one hundred percent (100%) of the building (including Minimum
Improvements) replacement value when construction is completed, naming City as
an additional insured and loss payee. Coverage shall include the "special perils"
form and developer shall furnish City with proof of insurance in the form of a
certificate of insurance.
(2) Upon completion of construction of the Minimum Improvements and up to the
Termination Date, Developer shall maintain, or cause to be maintained, at its cost
and expense property insurance against loss and/or damage to the building
(including the Minimum Improvements) under an insurance policy written with the
"special perils" form and in an amount not less than the full insurable replacement
value of the building (including the Minimum Improvements), naming City as loss
payee. Developer shall furnish to City proof of insurance in the form of a certificate
of insurance.
(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 its 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 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 its 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.
10
4.7 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.
4.8 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.
4.9 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 hertenure, orwho 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.
4.10 Non-Transferability.
During the Term of this Agreement, this Agreement may not be assigned by Developer nor
may any portion of the Property be sold or otherwise transferred by Developer without the
prior written consent of City in City's sole discretion. City has no obligation to consent to
any assignment or sale.
4.11 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 residential property and to be taxed as such under Iowa law.
4.12 Restrictions on Use. Developer agrees for itself, and its successors and assigns,
and every successor in interest to the Property or any part thereof that they, and their
respective successors and assigns, shall:
(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 a residential housing condominium association, is in full compliance
with 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, national origin, age or disability in the sale, lease, rental, use or
11
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).
4.13 Compliance with Laws. Developer shall comply with all laws, rules and regulations
relating to its 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 its 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
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 Developer deemed adequate by City, that the Developer will cure
its default and continue its performance under this Agreement;
(2) Until the Closing Date, City may cancel and rescind this Agreement;
12
(3) City shall be entitled to recover from Developer the sum of all amounts
expended by City in connection with the funding of the Downtown Rehab
Loan/Grant, Downtown Housing Incentive and Economic Development 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 or to 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.
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
its performance under this Agreement until it receives 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.
13
6.1 Notices and Demands. Whenever this 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: Friends of St. Mary's d/b/a Steeple Square
Jack McCullough, President
PO Box 3188
Dubuque, IA 52004-3188
With copy to: Flint Drake
Drake Law, P.C.
300 Main Street, Suite 323
Dubuque, IA 52001
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. 13 th 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 Binding 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 , 2030 (the Termination Date).
6.4. Execution By Facsimile. The parties agree that this Agreement may be transmitted
between them by facsimile machine or electronic transmission. The parties intend that the
faxed or electronic transmission signatures constitute original signatures and that a faxed
or electronically transmitted Agreement containing the signatures (original, faxed or
electronically transmitted) 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 D in the
office of the Recorder of Dubuque County, Iowa. Developer shall pay the costs for so
14
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 FRIENDS OF ST. MARY'S D/B/A
STEEPLE SQUARE
By By
Roy D. Buol, Mayor Jack McCullough, President
Attest:
Kevin S. Firnstahl
City Clerk
F:\USERS\fsteckle\Lindahl\Friends of St. Marys-Steeple Square 1501 Jackson\1501 Jackson Develop men tAgreemen t_041116BAL.doc
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 Kevin S.
Firnstahl, 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 instrument was signed and sealed on behalf of the
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 Jack McCullough, to me personally
known, who, being by me duly sworn, did say that he is the President of Friends of St.
Mary's d/b/a Steeple Square, the limited liability company executing the instrument to
which this is attached and that as said President of Friends of St. Mary's d/b/a Steeple
Square 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
16
LIST OF EXHIBITS
EXHIBIT A — City Attorney Certificate
EXHIBIT B — Opinion of Developer Counsel
EXHIBIT C — City Certificate
EXHIBIT D — Memorandum of Development Agreement
EXHIBIT E — Urban Renewal Plan
EXHIBIT F — Certificate of Completion
EXHIBIT G — Planning and Design Grant Program
EXHIBIT H — Fagade Grant Program
EXHIBIT I — Financial Consultant Grant Program
17
EXHIBIT A
CITY ATTORNEY'S CERTIFICATE
18
BARRY A. L I N D A H L, E s Q. THE CITY oP
CITY ATTORNEY DUB E
(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
19
EXHIBIT B
OPINION OF DEVELOPER'S COUNSEL
20
Mayor and City Councilmembers
CitX Hall
13 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 corporation organized and existing under the laws of the State
of Illinois 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,
21
EXHIBIT C
CITY CERTIFICATE
22
T CITY OP
DUB E
City Manager's Office " /A
50 West 13th Street �✓Y+(/'�-`�-
Dubuque,Iowa 52001-4864
(563)589-4110 phone
(563)589-4149 fax
ctymgl@cityofdubuque.org
(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 orthreatened against or
affecting City in any court or before any arbitrator or before or by any governmental
23
body in which there is a reasonable possibility of an adverse decision which could
materially adversely affect the financial position or operations of City or which
affects 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 orspecial 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
24
EXHIBIT D
MEMORANDUM OF DEVELOPMENT AGREEMENT
25
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 Friends of St. Mary's d/b/a Steeple Square was made
regarding the following described premises:
[LOT 1 OF CITY LOT 493] in the City of Dubuque.
The Development Agreement is dated for reference purposes the day of
, 2016, 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 , 2016.
CITY OF DUBUQUE, IOWA FRIENDS OF ST. MARY'S D/B/A
STEEPLE SQUARE
By By
Roy D. Buol Jack McCullough
Mayor President
26
Attest:
Kevin S. Firnstahl
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 Kevin S. Firnstahl, 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 Jack McCullough, to me personally
known, who, being by me duly sworn, did say that he is the President of Friends of St.
Mary's d/b/a Steeple Square, the Iowa non-profit organization executing the instrument to
which this is attached and that as said President of Friends of St. Mary's d/b/a Steeple
Square 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
27
EXHIBIT E
URBAN RENEWAL PLAN
28
AMENDED and RESTATED
URBAN RENEWAL PLAN
Greater Downtown Urban Renewal District
(A merger of the Downtown Dubuque, Ice Harbor, Kerper Boulevard, East 7th
Street, Quebecor and Holy Ghost Urban Renewal Districts)
City of Dubuque, Iowa
This Amended and Restated Urban Renewal Plan forthe Greater Downtown Urban Renewal District
traces its beginnings to the merger of the Downtown Urban Renewal Area Project Number Iowa R-
15, originally established by Resolution 123-67 bythe City Council of the City of Dubuque, Iowa on
May 18, 1967 and subsequently amended and restated by Resolution 79-71 on March 15, 1971, by
Resolution 73-74 on March 11, 1974, by Resolution 107-82 on May 3, 1982, by Resolution 191-84
on June 25, 1984, by Resolution 371-93 on December 6, 1993, by Resolution 145-94 on May 2,
1994, by Resolution 479-97 on November 17, 1997, by Resolution 476-98 on October 19, 1998 and
by Resolution 187-02 on April 1, 2002, with the Ice Harbor Urban Renewal District, originally
established by Resolution 403-89 of the City Council of the City of Dubuque, Iowa on December 18,
1989 and subsequently amended and restated by Resolution 241-00 on June 5, 2000 and by
Resolution 114-02 on March 4, 2002. The Urban Renewal Plan for the Greater Downtown Urban
Renewal District resulting from that merger was later amended by Resolution 170-04 on April 19,
2004, by Resolution 391-06 on August 21, 2006, by Resolution 108-07 on February 20`h, 2007, by
Resolution 597-07 on December 17, 2007, by Resolution 300-08 on September 2, 2008, by
Resolution 393-09 on October 5, 2009, and by Resolution 26-10 on July 19, 2010. On May2, 2011
the Kerper Boulevard Industrial Park Economic Development District originally established by
Resolution 274-94 on August 15, 1994 and the East 7` Street Economic Development District,
originally established by Resolution 144-97 on April 7, 1997 were merged into and became part of
the Greater Downtown Urban Renewal District, pursuant to Resolution 155-11 approved on May 2,
2011. The Quebecor Economic Development District, originally established by Resolution 479-02
on September 16, 2002, was merged into and became part of the Greater Downtown Urban
Renewal District pursuant to Resolution 271-12 approved on October 1, 2012. The Urban Renewal
Plan for the Greater Downtown Urban Renewal District resulting from that merger and amendment
was thereafter amended and restated by Resolution 173-13 on June 03, 2013. The Holy Ghost
Urban Renewal District, originally established by Resolution 234-11 on July 18, 2011 was merged
into and became part of the amended and restated Greater Downtown Urban Renewal District
pursuant to Resolution 178-14 approved on June 16, 2014, and Resolution 372-15 approved on
October 19 2015.
29
EXHIBIT F
CERTIFICATE OF COMPLETION
30
CERTIFICATE OF COMPLETION
WHEREAS, the City of Dubuque, Iowa, a municipal corporation (the "Grantor"), has
granted incentives to Friends of St. Mary's d/b/a Steeple Square (the "Grantee"), in
accordance with a Development Agreement dated as of[Date] (the "Agreement"), certain
real property located within the Greater Downtown Urban Renewal District of the Grantor
and as more particularly described as follows:
LOT 1 OF CITY LOT 493
(the "Development Property"); and
WHEREAS, said Agreement incorporated and contained certain covenants and
conditions with respect to the rehabilitation 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; and
NOW, THEREFORE, pursuant to Section 2.5 of the Agreement, this isto certifythat
all covenants and conditions of 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 covenants and conditions are hereby satisfied.
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 of the satisfaction of
the covenants and conditions as set forth in said Agreement, and that the Agreement shall
otherwise remain in full force and effect.
(SEAL) CITY OF DUBUQUE, IOWA
By:
Mike Van Milligen, City Manager
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE )
31
On this_day of , 2016, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared and
acknowledged said execution of the instrument to be his/her voluntary act and deed.
Notary Public in and for
Dubuque County, Iowa
32
EXHIBIT G
PLANNING AND DESIGN GRANT PROGRAM
33
PLANNING & DESIGN GRANT INFORMATION
This program provides grants in the Greater Downtown Urban Renewal District for hiring architects, engineers
or other professional services used prior to construction.
Amount of Grant: 1:1 matching grant not to exceed ten thousand dollars($10,000) be awarded by the
City to qualifying projects to offset the actual pre-development costs. (Example:
$8,500 ineligible project costs would receive$4,250 grant matched by$4,250 in
private contribution, $20,000 or greater eligible project costs would receive the
maximum $10,000 grant.)
Grant Specific Conditions:
• Reimbursement is for architectural and engineering fees, feasibility studies, environmental
assessments or other related soft costs.
• Reimbursable expenditures must be documented.
• Owner/developer fees are not permitted as reimbursable expenditures.
• The grant shall not exceed ten percent (10%) of total project costs.
• Grants will be disbursed upon completion of the project at a rate of $0.50 for each $1.00 of
qualified costs.
Approval Process:
1. Design review by the City Planning Department and/or the Historical Preservation Commission is
required for exterior work on the project.
2. Grant applications will be reviewed by City staff Review Committee and approved by the City
Manager.
3. Funding will be disbursed upon staff review of documented expenditures and inspection of a
completed project.
34
EXHIBIT H
FAQADE GRANT PROGRAM
35
FACADE GRANT INFORMATION
This program provides grants in the Greater Downtown Urban Renewal District for front or rear fagade
renovation to restore the fagade to its historic appearance or improve the overall appearance.
Amount of Grant: 1:1 matching grant not to exceed ten thousand dollars ($10,000) shall be awarded
by the City to qualifying projects based on total eligible project costs. (Example:
$8,500 in eligible project costs would receive a$4,250 grant matched by$4,250
in private contribution,$20,000 or greater eligible project costs would receive the
maximum $10,000 grant.)
Grant Specific Conditions:
• Reimbursement is for labor and material costs associated with fagade improvements, including
but not limited to, rehabilitating or improving windows, paint, signage, or awnings to enhance
overall appearance.
• Landscaping or screening with fencing or retaining walls may be a reimbursable expense if a
determination is made that property is improved adjacent to public right-of-way.
• In order to receive reimbursement for repointing, a mortar analysis sample may be requestedfor
each fagade that will be repointed. The applicant must adhere to the results of that analysis in
their rehabilitation work as part of their approved project plan. The City may request verification
that the new mortar matches the results of the mortar analysis.
• Language from the National Park Service Technical Preservation Services Briefs may be
attached as a condition for a building permit if the applicant chooses to perform repointing on the
project.
• Reimbursable expenditures must be documented.
• Grants will be disbursed upon completion of work at a rate of$.50 for each $1.00 of qualified
costs.
Approval Process:
1. Design review by the City Planning Department and/or the Historical Preservation Commission is
required for exterior work on the project.
2. Grant applications will be reviewed by City staff Review Committee and approved by the City
Manager.
3. Funding will be disbursed upon staff review of documented expenditures and inspection of a
completed project.
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EXHIBIT I
FINANCIAL CONSULTANT GRANT PROGRAM
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FINANCIAL CONSULTANT GRANT INFORMATION
This program provides grants in the Greater Downtown Urban Renewal District for hiring a financial consultant
to analyze the feasibility of projects.
Amount of Grant: 1:1 matching grant not to exceed fifteen thousand dollars ($15,000) shall be
awarded to qualifying projects based on total eligible project costs. (Example:
$8,500 in eligible project costs would receive a$4,250 grant matched by$4,250
in private contribution, $30,000 or greater eligible costs would receive the
maximum $15,000 grant.)
Grant Specific Conditions:
• Reimbursement is for fees associated with hiring a professional financial consultant.
• Reimbursable expenditures must be documented.
• This grant shall not exceed ten percent (10%) of total project costs.
• The rehabilitation project must be completed for the Financial Consultant Grant to be funded.
• Grants will be disbursed upon completion of work at a rate of$.50 for each $1.00 of qualified
costs.
Approval Process:
1. Design review by the City Planning Department and/or the Historical Preservation Commission is
required for exterior work on the project.
2. Grant applications will be reviewed by City staff Review Committee and approved by the City
Manager.
3. Funding will be disbursed upon staff review of documented expenditures and inspection of a
completed project.
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