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Friends of St. Mary's / Steeple Square - Fourth Amendment to DA Copyright 2014 City of Dubuque Consent Items # 11. ITEM TITLE: Friends of St. Mary's /Steeple Square - Fourth Amendment to Development Agreement SUMMARY: City Manager recommending approval of the Fourth Amendment to the Development Agreement between the City of Dubuque and Friends of St. Mary's d/b/a Steeple Square for the property located at 1501 Jackson Street. RESOLUTION Approving the Fourth Amendment to the Development Agreement between the City of Dubuque, Iowa and Friends of St. Mary's d/b/a Steeple Square SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Steeple Square 4th Amendment to Development City Manager Memo Agreement-MVM Memo Staff Memo Staff Memo 4th Amendment to DA- 1501 Jackson Supporting Documentation Resolution of Approval Resolutions THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Fourth Amendment to Development Agreement between the City of Dubuque and Friends of St. Mary's d/b/a Steeple Square to Redevelop Property at 1501 Jackson Street DATE: September 27, 2016 Economic Development Director Maurice Jones recommends City Council approval of the Fourth Amendment to the Development Agreement between the City of Dubuque and Friends of St. Mary's d/b/a Steeple Square for the property located at 1501 Jackson Street. Due to slight delays in the compiling of the funding and financing package for the project, the Developer has requested a change in the closing and substantial completion dates for the project. The Closing date will now take place no later than October 31, 2016, with the substantial completion of the project scheduled no later than September 1, 2017. 1 concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Maurice Jones, Economic Development Director Dubuque Economic Development THE CITY OF Department krftft-A- AII-Amft,111, 50 West 13t"Street DUB3AkE1 I Dubuque,Iowa 52001-4864 Office(563)589-4393 TTY(563)690-6678 Masterpiece on the Mississippi 2007.2012.2013 http://www.cityofdubuque.org TO: Michael Van Milligen, City Manager FROM: Maurice Jones, Economic Development Director SUBJECT: Fourth Amendment to Development Agreement between the City of Dubuque and Friends of St. Mary's d/b/a/Steeple Square to redevelop property at 1501 Jackson Street DATE: September 21, 2016 INTRODUCTION This memorandum is a request that the City Council approve the Fourth Amendment to the Development Agreement between the City of Dubuque and Friends of St. Mary's d/b/a/Steeple Square for the property located at 1501 Jackson Street. BACKGROUND On May 2, 2016 the City Council approved a Development Agreement with Friends of St. Mary's d/b/a Steeple Square (Developer) for the rehabilitation of 1501 Jackson Street into residential apartments. The property at 1501 Jackson will include 12 new residential units. The Developer is estimating the total cost of the project to be at least $3.8 million. In addition to other funding sources, the project will be using State Historic Tax Credits which are being reserved. DISCUSSION Due to slight delays in the compiling of the funding and financing package for the project, the Developer has requested a change in the closing and substantial completion dates for the project. The Closing date will now take place no later than October 31, 2016 with the substantial completion of the project scheduled no later than September 1, 2017. RECOMMENDATION/ ACTION STEP I recommend the City Council adopt the attached resolution approving the Fourth Amendment to the Development Agreement. 2 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. 341-16 APPROVING THE FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND FRIENDS OF ST. MARY'S d/b/a STEEPLE SQUARE Whereas, the City of Dubuque (City) and Friends of St. Mary's d/b/a/Steeple Square (Developer) entered into a Development Agreement, dated May 2, 2016, and as amended by the First Amendment dated June 6, 2016, the second Amendment dated July 18, 2016, and the Third Amendment dated September 19, 2016, for the rehabilitation of 1501 Jackson Street, Dubuque, Iowa (the Property); and Whereas, the parties desire to amend the Development Agreement with respect to the closing date; and Whereas, the City Council of the City of Dubuque finds that the City of Dubuque should approve to the Fourth Amendment to Development Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque hereby approves the Fourth Amendment to Development Agreement, a copy of which is attached hereto. Section 2. The Mayor is authorized and directed to sign the Fourth Amendment to Development Agreement of behalf of the City of Dubuque. Passed, approved and adopted this 3rd day of Octobe , 2016. Roy D. B'uo Mayor Attest: Kevin` i nstahl, City kferk F:\Users\tsteckle\Lindahl\Friends of St. Marys - Steeple Square 1501 Jackson\Resolution Approving 4th Amendment 1501 Jackson_092116.doc 1 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND FRIENDS OF ST. MARY'S d/b/a STEEPLE SQUARE This Foaurth Amendment , to Development Agreement, dated for reference purposes thec4^ day of . „ , 2016, is made and entered into by and between City of Dubuque,' Iowa ("City") and Friends of St. Mary's d/b/a/Steeple Square ("Developer"). Whereas, City and Developer entered into a Development Agreement dated May 2, 2016 (the "Development Agreement"), and as amended by the First Amendment dated June 6, 2016, the Second Amendment dated July 18, 2016, and the Third Amendment dated September 19, 2016, with respect to the following property, situated in Dubuque, Iowa: LOT 1 OF CITY LOT 493, locally known as 1501 Jackson Street And Whereas, the parties desire to further amend the Development Agreement with respect to the closing date. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES THAT THE DEVELOPMENT AGREEMENT IS AMENDED AS FOLLOWS: 1. Section 1.3 of the Development Agreement is hereby amended to read as follows: 1.3 Closinq. The closing shall take place on the Closing Date which shall be a date the parties agree in writing, but in no event shall the Closing Date be later than October 31, 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. 2. All other terms and conditions of the Development Agreement remain in full force and effect. CITY OF DUBUQUE, IOWA FRIENDS OF ST. MARY'S D/B/A STEEPLE SQUARE By 4-1/ Roy D. B o'(, Mayor 092116bal By Jack McCullough, President Attest: i".„400 Kevi 8. Firnstahf City Clerk F:\Users\tsteckle\Lindahl\Friends of St. Marys - Steeple Square 1501 Jackson\FourthAmendment to Development Agreement_092116.doc 2