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City of Asbury Request to Use TIF for Hawkeye Care Facility Copyright 2014 City of Dubuque Consent Items # 20. ITEM TITLE: City of Asbury Request to Use Tax Increment Financing for Hawkeye Care Facility SUMMARY: City Manager recommending approval of the Joint Agreement with the City of Asbury allowing the City of Asbury to utilize tax increment financing for the relocation of the Hawkeye Care Facility to Asbury from Dubuque. RESOLUTION Approving a Joint Agreement with the City of Asbury for the relocation of Hawkeye Care Facility from the City of Dubuque to the City of Asbury, for the purpose of undertaking an urban renewal project SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type City of Asbury Request to Use TI F for Hawkeye Care City Manager Memo Facility-MVM Memo City of Asbury Letter Supporting Documentation Joint Agreementwitb City of Asbury Supporting Documentation Resolution Resolutions THE CITY OF Dubuque DUB TENWinrkaCky 1111. Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City of Asbury Request to Use Tax Increment Financing for Hawkeye Care Facility DATE: September 13, 2016 A request has been received from Sara Burke, City Clerk of the City of Asbury, for City of Dubuque approval of a Joint Agreement allowing the City of Asbury to utilize tax incrementing financing for Hawkeye Care Facility, which is relocating its facility from the City of Dubuque to the City of Asbury. Because of recent changes to the Iowa Code relating to the use of tax increment financing when a business moves from one community to another and the receiving community wants to utilize tax increment financing, the original community must give consent. I respectfully recommend Mayor and City Council approval of the Joint Agreement with the City of Asbury, allowing the City of Asbury to utilize tax increment financing for the relocation of the Hawkeye Care Facility to Asbury. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Sara Burke, City Clerk, City of Asbury CityofAsbury September 12, 2016 Mike Van Milligen City of Dubuque 50 West 13"Street Dubuque, IA 52001 RF: Hawkeye Care Facility Dear Mr. Van Milligen: The Hawkeye Care Facility will be relocating its facility from the City of Dubuque to the City of Asbury. The City of Asbury would like to utilize incremental property tax revenues for infrastructure to support the development. Because of recent changes to the Iowa Code relating to the use of tax increment financing when a business moves from one community to another and the receiving community wants to utilize tax increment financing, then the original community must give consent. Attached for the City of Dubuque's approval is the Joint Agreement with the City of Dubuque consenting to the City of Asbury the ability to use increment financing for this development for the September 19,2016 City of Dubuque Council meeting. Please let me know if you have any questions. Sincerely, 5a�k , C City Clerk 5290 Grand Meadow Drive,Suite 1•Asbury,Iowa 52002-2589 cityofasbury.com•into@cityofasbury.com 563.556.7106 Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330, Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330, Dubuque IA 52001 563 583-4113 RESOLUTION NO. 337-16 APPROVING A JOINT AGREEMENT WITH THE CITY OF ASBURY FOR THE RELOCATION OF HAWKEYE CARE FACILITY FROM THE CITY OF DUBUQUE TO THE CITY OF ASBURY FOR THE PURPOSE OF UNDERTAKING AN URBAN RENEWAL PROJECT WHEREAS, the City of Dubuque has been presented with a Joint Agreement with the City of Asbury to consent to the relocation of Hawkeye Care Facility (the Care Center) from the City of Dubuque to the City of Asbury, for the purpose of undertaking an urban renewal project; and WHEREAS, the City Council has reviewed the proposed Joint Agreement and has determined to consent to the relocation of the Care Center as so proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque City Council hereby approves the Joint Agreement with the City of Asbury attached hereto. Section 2. The Mayor is hereby authorized and directed to sign the Joint Agreement on behalf of the City of Dubuque. PASSED, APPROVED and ADOPTED this 19th day of September, 2016. Kevin J. Lynch, ‘layor Pro -Tem ATTEST: Kevin Firnsta I, itlerk F:\Users\tsteckle\Lindahl\Resolutions\ResolutioRorJointAgreem ent_HawkeyCareFacility_091316.docx Masterpiece on the Mississippi Ms. Sara Burke, City Clerk City of Asbury 5290 Grand Meadow Drive, Suite 1 Asbury, IA 52002-2589 Dubuque kittul All -America City 1111 2007 • 2012 • 2013 City Clerk's Office City Hall 50 W. 13th Street Dubuque, IA 52001-4864 (563y589-4100 office (563) 589-0890 fax ctyclerk@cityofdubuque.org www.cityofdubuque.org September 20, 2016 Re: Joint Agreement for Relocation of Hawkeye Care Facility Urban Renewal Dear Ms. Burke, Enclosed are two originals executed by the City of Dubuque of the Joint Agreement between the City of Asbury and the City of Dubuque for the relocation of Hawkeye Care Facility for the purpose of undertaking an Urban Renewal Project. Please date each document and secure the required signatures for the City of Asbury and return an original to my attention. I am also enclosing a certified copy of our Resolution No. 337-16 approving the agreement for your records. Please contact me if you have any questions. Thank you. Ke in S. Firnstahl, City Clerk Enclosure cc: Michael C. Van Milligen, City Manager Barry Lindahl, City Attorney City0fAsbury October 13, 2016 Kevin S. Fimstahl, CMC City of Dubuque 50 West 13th Street Dubuque, IA 52001 a_.IVED 16OCT I7 PM2:05 City Clerk`s Office Dubuque, IA RE: Joint Agreement for Relocation of Hawkeye Care Facility Urban Renewal Dear Kevin: I have enclosed an original of the above referenced agreement. If you have any questions, feel free to contact me. Thank you. Sincerely, Sara L. City Clker Enclosure CMC 5290 Grand Meadow Drive, Suite 1 • Asbury, Iowa 52002-2589 cityofasbury.com • info@cityofasbury.com 563.556.7106 JOINT AGREEMENT THIS AGREEME T is entered into between the City of Dubuque, Iowa and the City of Asbury, Iowa as of the tiff day ofj✓. , 2016 (the "Commencement Date"). WHEREAS, the City of Asbury, Iowa has established the Asbury Urban Renewal Area (the "Urban Renewal Area") pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the City of Asbury has adopted an ordinance providing for the division of taxes levied on taxable property in the Urban Renewal Area pursuant to Section 403.19 of the Code of Iowa and establishing the fund referred to in Subsection 2 of Section 403.19 of the Code of Iowa (the "Urban Renewal Tax Revenue Fund"), which fund and the portion of taxes referred to in that subsection (the "Incremental Property Tax Revenues") may be irrevocably pledged by the City for the payment of the principal of and interest on indebtedness incurred under the authority of Section 403.9 of the Code of Iowa to finance or refinance in whole or in part projects in the Urban Renewal Area; and WHEREAS, Hawkeye Care Center of Dubuque, LLC (the "Care Center") is a skilled nursing and assisted living facility with operations currently located in the City of Dubuque, Iowa; and WHEREAS, the Care Center has determined to leave the site (the "Dubuque Site") of its operations in the City of Dubuque, and the Care Center is seeking a new location for such operations; and WHEREAS, the Care Center has found a suitable location for its operations on certain real property (the "Asbury Site") situated in the Urban Renewal Area; and WHEREAS, Roosevelt Land Corporation (the "Developer") has proposed to undertake certain infrastructure improvements (the "Infrastructure Project") at the Asbury Site to support the development of facilities (the "Care Center Project") to be used in the operations of the Care Center at the Asbury Site; and WHEREAS, the Developer has requested that the City of Asbury provide tax increment financing support to the Infrastructure Project, such support to come in the form of incremental property tax payments (the "Payments") to the Developer from the Urban Renewal Tax Revenue Fund under a negotiated development agreement; and WHEREAS, the movement of the Care Center's operations from the Dubuque Site to the Asbury Site meets the definition of a "relocation" under Section 403.19.9(b) of the Code of Iowa; and WHEREAS, in accordance with Section 403.19.9(a) of the Code of Iowa, Incremental Property Tax Revenues in the Urban Renewal Tax Revenue Fund cannot be expended or otherwise used by the City of Asbury in connection with the Care Center Project or the Infrastructure Project unless the City of Dubuque and the City of Asbury enter into a written agreement concerning the Care Center's relocation; NOW, THEREFORE, it is agreed by the City of Dubuque and the City of Asbury as follows: Section 1. The City of Dubuque hereby consents to: (1) the relocation of the Care Center from the Dubuque Site to the Asbury Site; and (2) the City of Asbury using incremental property tax revenues to fund the Payments to the Developer in support of the Infrastructure Proj ect. Section 2. This Agreement is intended to meet the statutory requirements of Section 403.19.9(a)(1) of the Code of Iowa and shall be immediately effective on the Commencement Date following approval by the governing bodies, and execution by the appropriate officials, of the City of Dubuque and the City of Asbury. The City of Dubuque, Iowa and the City of Asbury, Iowa have caused this Agreement to be signed in their names and on their behalf by their duly authorized officers, all as of the Commencement Date. Attest: Attest: -2- 4824-6348-5496\1 9/10/2016 6:59 AM CITY OF DUBUQUE, IOWA By Mayor Pro -Tem` Date: September 19, 2016 CITY • '" A`, BU IOWA By M Date: %0'71-111