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HomeMy WebLinkAboutJSA Development-7/8/2013Development, LLC 315 East 5th Street Waterloo, IA 50703 319.233.3147 • Fax: 319.233.3157 April 19, 2013 Mr. Noel Anderson Director of Planning and Community Development City of Waterloo 715 Mulberry St Waterloo, IA 50703 RE: Proposal for filing Assistance for Federal and State Rehabilitation Incentive Tax Credit, Enterprise Zone Residential Tax Credit and Greyfield/Brownfield Tax Credit for 500 East 4th Street, Waterloo, Iowa Dear Noel: Thank you for requesting this proposal. JSA Development, LLC would be pleased to assist you in your efforts to help your client utilize various tax credits, for the 500 E 4th Street project. This proposal represents our understanding of the tasks you are requesting us to provide. I hope this accurately reflects your needs, if not, please do not hesitate to contact me so I may have an opportunity to make necessary changes. DESCRIPTION OF THE PROJECT This proposal is for services to coordinate and assist with preparation of federal and state historic tax credit applications parts 1, 2, and 3 as well as any applicable enterprise zone residential tax credits and brownfield/greyfield tax credits (collectively know as "tax credits applications"). We understand that all architectural services are being provided by StruXture Architects and that they will provide all necessary drawings such as existing floor plans and elevations as well as proposed plans schedules and elevations to JSA for inclusion in all applications and require filings. There are no architectural drawing preparation services included in this proposal. Services We are proposing the following services for the tax credit applications: 1) Preparation and filing of federal and state rehabilitation tax credit Part 1 (qualification of historic status of the structure), Part 2 (description of planned rehabilitation work) and Part 3 (project close out). 2) Filing of up to three amendments to the Part 2 (description of rehabilitation work) during the project. 3) Preparation and filing of application for state brownfield/greyfield tax credit applications 4) Preparation and filing of application for state enterprise zone residential tax credits (if applicable) 5) These fees include all application and project close out fees based on fee schedules in effect as of the date of this agreement. FEES JSA Development, LLC will charge you a fee of five percent (5%) of tax credits awarded to the project for the coordination of tax credit applications described above. Payment Payment will be made as follows: 1) 20% of fee based on estimated tax credits paid at execution of this agreement 2) 20% of fee based on requested tax credits paid upon filing of applications 3) 20% of fee based on requested tax credits due upon award/approval of tax credits 4) 20% of fee based on requested tax credits due upon start of construction 5) 20% of fee based on earned tax credits due immediately prior to tax credit project close out (for example Part 3 for State and Federal Rehabilitation Tax Credits) 6) Final reconciliation of amounts due will take place upon filing of project close out documents with total fee equal to 5% of all tax credits obtained for the project. SCHEDULE Once authorization to proceed is given, it is anticipated that tax credit applications will require eight weeks for preparation and filing. This schedule assumes full cooperation of the City of Waterloo, the project architects and the building owner. Full and timely cooperation of the building owner and their contractors (architects, general contractor, etc) is required for these tax credit applications. 1SA Development, LLC is not liable for financial loss from applications not filed by the deadlines for each tax credits program when failure is due to a lack of complete and timely submission of information required from the owner and its contractors or the City of Waterloo. Currently the state only accepts new applications for the state rehabilitation and brownfield/greyfield program at the start of a state fiscal year. The next filing window will be at the beginning of July 2013. The federal application may be turned in at any time. The state application, assuming an estimated rehab cost in excess of $500,000, may only be submitted during a specific two week period at the start of the next state fiscal year (July 1, 2013). All applications taken during that filing window are randomly sequenced and available tax credits awarded until the available credits are exhausted. The sequencing process is described in administrative rule available at www.iowahistory.org/historic-preservation/tax-incentives-forrehabilitation/state-tax-credits/index.html. I typically allow between 60 - 90 days for the state to sequence and review applications filed at the start of the state fiscal year. There is no guarantee that this (or any) project will receive a tax credit allocation. If the project does not receive a tax credit reservation this year the owner may apply again the following year. Part 3 is submitted upon completion of the construction work, it is anticipated that portion will take approximately 4 weeks to complete once we have acquired all data from you. CLIENT TO PROVIDE In addition to items mentioned in the preceding text, we have not included the following services in our proposal: • Project estimating or cost accounting or monitoring of costs necessary to complete the applications and determination of qualified rehabilitation costs. • Legal services related to the use of the tax credits. • Accounting services related to the use of the tax credits. 2 • All architectural drawings necessary for the all tax credit applications. • Project start-up report required by the state program, this involves accounting services and a simple letter from the applicant. TERMS AND CONDITIONS In providing services under this Agreement, JSA Development, LLC will endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. To the maximum extent permitted by Law, you agree to limit JSA Development, LLC's liability for damages to the total fees paid under this Agreement. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. Please sign and return one copy of this proposal to this office, retain the original of this agreement for your files. Your signature on the copy of this proposal signifies understanding of and agreement to the terms and conditions stated and will serve as my notice to proceed. Please keep the original of this agreement for your files. I hope this proposal includes everything you need for your decision making process and that it is presented to your satisfaction. If I have left anything out, or if you have comments or questions, please give me a call at 319.233.3147. I look forward to working with you on this project. Very truly yours, David Deeds Controller Enclosure: Copy of this Proposal for return to this office Proposal Accepted by: Noel Anderson, City of Waterloo Director of Planning and Community Development Date - d 9• '3 3 Development, LLC 315 East 5th Street Waterloo, IA 50703 319.233.3147 • Fax: 319.233.3157 April 19, 2013 Mr. Noel Anderson Director of Planning and Community Development City of Waterloo 715 Mulberry St Waterloo, IA 50703 RE: Proposal for filing Assistance for Federal and State Rehabilitation Incentive Tax Credit, Enterprise Zone Residential Tax Credit and Greyfleld/Brownfield Tax Credit for 500 East 4th Street, Waterloo, Iowa Dear Noel: Thank you for requesting this proposal. JSA Development, LLC would be pleased to assist you in your efforts to help your client utilize various tax credits, for the 500 E 4th Street project. This proposal represents our understanding of the tasks you are requesting us to provide. I hope this accurately reflects your needs, if not, please do not hesitate to contact me so I may have an opportunity to make necessary changes. DESCRIPTION OF THE PROJECT This proposal is for services to coordinate and assist with preparation of federal and state historic tax credit applications parts 1, 2, and 3 as well as any applicable enterprise zone residential tax credits and brownfield/greyfield tax credits (collectively know as "tax credits applications"). We understand that all architectural services are being provided by StruXture Architects and that they will provide all necessary drawings such as existing floor plans and elevations as well as proposed plans schedules and elevations to JSA for inclusion in all applications and require filings. There are no architectural drawing preparation services included in this proposal. Services We are proposing the following services for the tax credit applications: 1) Preparation and filing of federal and state rehabilitation tax credit Part 1 (qualification of historic status of the structure), Part 2 (description of planned rehabilitation work) and Part 3 (project close out). 2) Filing of up to three amendments to the Part 2 (description of rehabilitation work) during the project. 3) Preparation and filing of application for state brownfield/greyfield tax credit applications 4) Preparation and filing of application for state enterprise zone residential tax credits (if applicable) 5) These fees include all application and project close out fees based on fee schedules in effect as of the date of this agreement. FEES JSA Development, LLC will charge you a fee of five percent (5%) of tax credits awarded to the project for the coordination of tax credit applications described above. Payment Payment will be made as follows: 1) 20% of fee based on estimated tax credits paid at execution of this agreement 2) 20% of fee based on requested tax credits paid upon filing of applications 3) 20% of fee based on requested tax credits due upon award/approval of tax credits 4) 20% of fee based on requested tax credits due upon start of construction 5) 20% of fee based on earned tax credits due immediately prior to tax credit project close out (for example Part 3 for State and Federal Rehabilitation Tax Credits) 6) Final reconciliation of amounts due will take place upon filing of project close out documents with total fee equal to 5% of all tax credits obtained for the project. SCHEDULE Once authorization to proceed is given, it is anticipated that tax credit applications will require eight weeks for preparation and filing. This schedule assumes full cooperation of the City of Waterloo, the project architects and the building owner. Full and timely cooperation of the building owner and their contractors (architects, general contractor, etc) is required for these tax credit applications. JSA Development, LLC is not liable for financial loss from applications not filed by the deadlines for each tax credits program when failure is due to a lack of complete and timely submission of information required from the owner and its contractors or the City of Waterloo. Currently the state only accepts new applications for the state rehabilitation and brownfield/greyfield program at the start of a state fiscal year. The next filing window will be at the beginning of July 2013. The federal application may be turned in at any time. The state application, assuming an estimated rehab cost in excess of $500,000, may only be submitted during a specific two week period at the start of the next state fiscal year (July 1, 2013). All applications taken during that filing window are randomly sequenced and available tax credits awarded until the available credits are exhausted. The sequencing process is described in administrative rule available at www.iowahistory.org/historic-preservation/tax-incentives-forrehabilitation/state-tax-credits/index.html. I typically allow between 60 - 90 days for the state to sequence and review applications filed at the start of the state fiscal year. There is no guarantee that this (or any) project will receive a tax credit allocation. If the project does not receive a tax credit reservation this year the owner may apply again the following year. Part 3 is submitted upon completion of the construction work, it is anticipated that portion will take approximately 4 weeks to complete once we have acquired all data from you. CLIENT TO PROVIDE In addition to items mentioned in the preceding text, we have not included the following services in our proposal: • Project estimating or cost accounting or monitoring of costs necessary to complete the applications and determination of qualified rehabilitation costs. • Legal services related to the use of the tax credits. • Accounting services related to the use of the tax credits. 2 • All architectural drawings necessary for the all tax credit applications. • Project start-up report required by the state program, this involves accounting services and a simple letter from the applicant. TERMS AND CONDITIONS In providing services under this Agreement, JSA Development, LLC will endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. To the maximum extent permitted by Law, you agree to limit JSA Development, LLC's liability for damages to the total fees paid under this Agreement. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. Please sign and return one copy of this proposal to this office, retain the original of this agreement for your files. Your signature on the copy of this proposal signifies understanding of and agreement to the terms and conditions stated and will serve as my notice to proceed. Please keep the original of this agreement for your files. I hope this proposal includes everything you need for your decision making process and that it is presented to your satisfaction. If I have left anything out, or if you have comments or questions, please give me a call at 319.233.3147. I look forward to working with you on this project. Very truly yours, David Deeds Controller Enclosure: Copy of this Proposal for return to this office Proposal Accepted by: Noel Anderson, City of Waterloo Director of Planning and Community Development Date o9 ala 3