Rescinding and Cancelling the Development Agreement with 3000 Jackson, LCCity of Dubuque
City Council Meeting
ITEM TITLE
SUMMARY:
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
Copyrighted
February 7, 2022
Consent Items # 25.
Rescinding and Cancelling the Development Agreement Between the
City of Dubuque, Iowa and 3000 Jackson, LC
City Manager recommending adoption of a resolution cancelling and
rescinding the Development Agreement with 3000 Jackson, LC.
RESOLUTION Rescinding and cancelling the Development Agreement
between the City of Dubuque, Iowa and 3000 Jackson, LC
Suggested Disposition: Receive and File; Adopt Resolution(s)
Notice of Termination - 3000 Jackson-MVM Memo
Memo
Resolution
Notice of Termination
Public Input —Added 2.7.22
Type
City Manager Memo
City Manager Memo
Resolutions
Supporting Documentation
Supporting Documentation
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Rescinding and Cancelling the Development Agreement Between the City
of Dubuque, Iowa and 3000 Jackson, LC
DATE: February 3, 2022
Senior Counsel Barry Lindahl is recommending City Council consider and adopt a
Resolution cancelling and rescinding the Development Agreement with 3000 Jackson,
LC.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
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Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Council
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BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
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To: Michael C. Van Milligen
City Manager
DATE: February 1, 2022
Dubuque
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2007-2012.2013
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RE: Rescinding and Cancelling the Development Agreement Between the City
of Dubuque, Iowa and 3000 Jackson, LC
The City of Dubuque, Iowa and 3000 Jackson, LC (the Developer) entered into a
Development Agreement, dated for reference June 4, 2018, as amended (the
Development Agreement), for the development of the property at 3000 and 3040 Jackson
Street.
The Development Agreement provided for certain conditions and obligations of the
Developer including the commencement and completion of construction of the required
Minimum Improvements by a certain date and furnishing evidence of firm financial
commitments for the project prior to the commencement of construction.
The Developer's failure to perform those conditions and obligations constitutes Events of
Default under the Development Agreement. The City gave written Notice of Events of
Default to the Developer by certified mail on November 15, 2021.
The Developer has failed to cure the Events of Default as required by the Development
Agreement.
The Development Agreement provides that the City may cancel and rescind the
Development Agreement for such Events of Default.
I recommend that the attached Resolution cancelling and rescinding the Development
Agreement be submitted to the City Council for consideration and adoption.
BAL:JLM
cc: Crenna Brumwell, City Attorney
Alexis Steger, Housing and Community Development Director
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Prepared by Barry A. Lindal Esq. 300 Main St Ste 330 Dubuque IA 52001-6944 (563) 583-4113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 46-22
RESCINDING AND CANCELLING THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND 3000 JACKSON, LC
WHEREAS, the City of Dubuque, Iowa (City) and 3000 Jackson, LC (Developer)
entered into a Development Agreement, dated for reference June 4, 2018, as amended
(the Development Agreement), for the development of the property legally described as
follows:
LOT 1 DINOSAUR PLACE & LOT 2 DINOSUAR PLACE; LOT 2-1 LIEBE'S SUB #3
; and
WHEREAS, the Development Agreement provided for certain conditions and
obligations of Developer concerning development of the above -described property, which
Developer has failed to meet and, accordingly, which failure constitutes an Event of
Default under the terms of the Development Agreement; and
WHEREAS, City gave written Notice of Events of Default to Developer by certified
mail on November 15, 2021, as required by the terms of the Development Agreement;
and
WHEREAS, Developer has failed to cure the Events of Default within the time
frame permitted by the Development Agreement; and
WHEREAS, the City Council has determined that it is in the best interests of the
City of Dubuque to cancel and rescind the Development Agreement, and to send a Notice
of Cancellation and Rescission to the Developer.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, AS FOLLOWS:
1. The Development Agreement is hereby cancelled and rescinded.
2. City staff is hereby authorized and directed to prepare a Notice of Cancellation
and Rescission regarding termination of the Development Agreement, and is
further directed to mail a copy of this Resolution and the Notice of Cancellation
and Rescission to Developer by certified mail.
3. The Mayor is hereby authorized and directed to sign this resolution and the
Notice of Cancellation and Rescission on behalf of the City of Dubuque, Iowa.
4. From and after the execution of this Resolution, the Mayor, City Clerk, and City
Attorney are hereby authorized, empowered, and directed to do all such acts
and to execute all such documents as may be necessary to evidence
termination of the Development Agreement.
Passed, approved, and adopted this 7ch day of February, 2022
Attest:
Adrienne N. Breitfelder, City Clerk
NOTICE OF CANCELLATION AND RESCISSION
OF
DEVELOPMENT AGREEMENT
3000 Jackson, LC
c/o Stephen Emerson
221 2nd Ave SE, Ste 400
Cedar Rapids, IA 52401
Dave Zylstra
Aspect, Inc.
221 2nd Ave SE, Ste 400
Cedar Rapids, IA 52401
Ohnward Bank & Trust
665 Marion Blvd.
Marion IA 52302
Dupaco Community Credit Union
3299 Hillcrest Road
Dubuque IA 52001
February 8, 2022
Notice is hereby given that on February 7, 2022, the City Council approved Resolution
No. 46-22, a copy of which is attached, declaring the Development Agreement, dated for
reference June 4, 2018, as amended (the Development Agreement), by and between the
City of Dubuque, Iowa and 3000 Jackson, LC, for the development of the property legally
described as follows:
LOT 1 DINOSAUR PLACE & LOT 2 DINOSUAR PLACE; LOT 2-1 LIEBE'S SUB #3
be and the same is hereby cancelled and rescinded.
A copy of the Resolution is attached hereto.
City of Dubuque, Iowa
r
Brad a
Adrienne Breitfelder
From:
Sent:
To:
Subject:
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' This sender is trusted.
Contact Us
Name: Mary Giesler
Address: 2310 HIGH CLOUD DR
Ward: 1
Phone: 563-583-8778
Email: mjgiesler2020@gmail.com
City Department: City Council
Citizen Support Center <dubuqueia@mycusthelp.net>
Monday, February 7, 2022 9:30 AM
Adrienne Breitfelder
"Contact Us" inquiry from City of Dubuque website
Message: Regarding the Malt & Brewing Co. You can't save every building. We lived on 30th Street 55 years ago and the building was
a wreck then. No owner has made an effort over the years to improve it at their own expense. We then lived at a different address
in the north end for 30 years. You have the Flexsteel property and an opportunity with this property to give the neighbors something
realistic and needed. A grocery store, a drug store, small shopping center, restaurant. Use these properties to really help the north
end.