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.
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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
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