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First Amendment to Development Agreement - Friends of St. Mary's / Steeple Square Copyright 2014 City of Dubuque Consent Items # 14. ITEM TITLE: First Amendment to Development Agreement- Friends of St. Mary's /Steeple Square SUMMARY: City Manager recommending approval of the First Amendment to Development Agreement with Friends of St. Mary's d/b/a Steeple Square for development of 1501 Jackson Street. RESOLUTION Approving a First Amendment to Development Agreement by and between the City of Dubuque, Iowa and Friends of St. Mary's D/B/A/Steeple Sq uare SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type 1501 Jackson Street 1st Amendment to De\elopment City Manager Memo Agreement-MVM Memo Staff Memo Staff Memo 1st Amendment to DA Supporting Documentation Resolution of Approval 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: 1501 Jackson — 1St Amendment to Development Agreement DATE: May 27, 2016 The City entered into a Development Agreement on May 2, 2016, with Friends of St. Mary's d/b/a Steeple Square for the development of 1501 Jackson Street. Two small errors were discovered in the agreement, and Economic Development Director Maurice Jones recommends City Council approval of the 1St Amendment to Development Agreement to correct those errors. 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: 1501 Jackson — 1St Amendment to Development Agreement DATE: May 25, 2016 INTRODUCTION This memorandum presents for City Council consideration and action the attached resolution approving a 1St Amendment to Development Agreement between the City of Dubuque and Friends of St. Mary's d/b/a Steeple Square. BACKGROUND The City entered into a Development Agreement with Friends of St. Mary's d/b/a Steeple Square for the development of 1501 Jackson Street on May 2, 2016. That Agreement provides for incentives for the redevelopment of this former school building into 12 apartments, which will benefit from permanent supportive housing programming from the local non-profit Opening Doors. DISCUSSION While gathering signatures on the approved Agreement, staff identified two small errors in Section 4.12 of the Agreement. Section 4.12(1) listed use as "a residential housing condominium association". It should simply read "rental residential". And Section 4.12(2) did not list gender identity as a protected class. The attached 1 St Amendment corrects these errors. RECOMMENDATION/ ACTION STEP I recommend that the City Council approve the 1St Amendment to Development Agreement between the City of Dubuque and Friends of St. Mary's d/b/a Steeple Square for the redevelopment of 1501 Jackson Street by adopting the attached Resolution. Prepared by: Jill Connors, Economic Development, 50 W. 13th Street, Dubuque IA 52001, 563 589-4393 Return to: Jill Connors, Economic Development, 50 W. 13th Street, Dubuque IA 52001, 563 589-4393 RESOLUTION NO. 205-16 APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND FRIENDS OF ST. MARY'S D/B/A/ STEEPLE SQUARE Whereas, the City Council, by Resolution No. 176-16, dated May 2, 2016, entered into a Development Agreement with Friends of St. Mary's d/b/a/ Steeple Square for the redevelopment of 1501 Jackson Street in the City of Dubuque, Iowa (the Property); and Whereas, City and Developer desire to amend the Development Agreement; and Whereas, it is the determination of the City Council that approval of the First Amendment to Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Development Agreement by and between the City of Dubuque and Friends of St. Mary's d/b/a/ Steeple Square, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the First Amendment to Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the First Amendment to Development Agreement as herein approved. Passed, approved and adopted this 6th day of June, 20 Attest: Kevin( S. Firnstahi, Cit‘r lerk 052516ba1 Ric W. Jon , Mayor Pro -Tem FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND FRIENDS OF ST. MARY'S d/b/a STEEPLE SQUARE This First Amendment to Deve pment Agreement (Agreement) dated for reference purposes the day of j , 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). and WHEREAS, City and Developer entered into an Agreement dated May 2, 2016; WHEREAS City and Developer desire to amend the Agreement. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN CITY AND DEVELOPER AS FOLLOWS: 1. Section 4.12 of the Agreement is hereby amended to read as follows: 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 rental residential 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, 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). 2. All other terms of the Lease Agreement, as amended, shall remain in full force and effect. 1 First Amendment to Development Agreement 1501 Jacksons Street Pg. 2 CITY OF DUBUQUE, IOWA FRIENDS OF ST. MARY'S D/B/A STEEPLE SQUARE By By Rig Jo , Mayor Pro -Tem Jack McCullough, President Attest: Kevir. Firnstahl City Clerk 2