Termination Agreement: Development Agreement with Setzer Properties DBQ, LLCCity of Dubuque
City Council Meeting
Consent Items # 16.
Copyrighted
February 21, 2022
ITEM TITLE: Termination Agreement: Development Agreement Between the City of
Dubuque, Iowa and Setzer Properties DBQ, LLC
SUMMARY: City Manager recommending City Council consider approving the
Termination Agreement for the Development Agreement between the
City of Dubuque, Iowa and Setzer Properties DBQ, LLC.
RESOLUTION Approving the Termination Agreement for the
Development Agreement between the City of Dubuque, Iowa and Setzer
Properties DBQ, LLC
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Termination Agreement with Setzer Properties DBQ City Manager Memo
LLC - MVM Memo
Memo Staff Memo
Resolution Resolutions
Termination Agreement Supporting Documentation
THE C
DUjIBQTE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
WAWca 914
ii
2007-2012.2013
2017*2019
SUBJECT: Termination Agreement: Development Agreement Between the City of
Dubuque, Iowa and Setzer Properties DBQ, LLC
DATE: February 17, 2022
Senior Counsel Barry Lindahl is recommending City Council consider approving the
Termination Agreement for the Development Agreement dated for reference November
22, 2021, between the City of Dubuque, Iowa and Setzer Properties DBQ, LLC.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:as
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
THE C
DUj!BaFE
Masterpiece on the Mississippi
BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
MEMO
To: Michael C. Van Milligen
City Manager
DATE: February 17, 2022
Dubuque
All•Merica Cif
M1.tiift'�Al.i A'A'.If-,v. AA-
2007-2012.2013
2017*2019
RE: Termination Agreement: Development Agreement Between the City of
Dubuque, Iowa and Setzer Properties DBQ, LLC
The City of Dubuque, Iowa and Setzer Properties DBQ, LLC (the Developer) entered into
a Development Agreement, dated for reference November 22, 2021 (the Development
Agreement), for the development of the property in the Dubuque Industrial Center West.
The City and the Developer have been unable to reach an agreement upon all of the
terms of the Development Agreement. The Developer has agreed to terminate the
Development Agreement.
I recommend that the attached Resolution approving the Termination Agreement be
submitted to the City Council for consideration and adoption.
BAL:JLM
cc: Crenna Brumwell, City Attorney
Jill Connors, Economic 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. 1P St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 58-22
APPROVING THE TERMINATION AGREEMENT FOR THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND SETZER
PROPERTIES DBQ, LLC
WHEREAS, the City of Dubuque, Iowa (City) and Setzer Properties DBQ, LLC
(Developer) entered into a Development Agreement, dated for reference November 22,
2021 (the Development Agreement), for the development of the property legally described
as follows:
Lot 2 Dubuque Industrial Center North Third Addition, City of Dubuque, Iowa, excepting
therefrom Lot 2A of Dubuque Industrial Center North Third Addition, City of Dubuque, per
Instrument Number 2021-00015763 in the Dubuque County Recorder's Office; and
Lot 1-C Dubuque Industrial Center North First Addition, City of Dubuque, Iowa
; and
WHEREAS, the Development Agreement provided for certain conditions and
obligations of Developer; and
WHEREAS, City and Developer have been unable to reach an agreement upon
all of the terms of the Development Agreement; and
WHEREAS, Developer has agreed to terminate the Development Agreement.
WHEREAS, the City Council has determined that it is in the best interests of the
City of Dubuque to terminate the Development Agreement.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, AS FOLLOWS:
1. The Termination Agreement is hereby approved.
2. The Mayor is hereby authorized and directed to sign this resolution and the
Termination Agreement on behalf of the City of Dubuque, Iowa.
3. From and after the execution of this Resolution, the City Manager, 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 21s' day of February, 2022
-h, Mayor
.• ..
Attest:
Lu�!'c�PVrlit /; i,
Adrienne N. Breitfelder, City Clerk
TERMINATION AGREEMENT
OF THE
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
SETZER PROPERTIES DBQ, LLC
This Termination Agreement, dated for reference purposes the QD, day of
ru r , 2022, is made and entered into by and between the City of
Dubuque, I wa and Selzer Properties DBQ, LLC.
WHEREAS, the City of Dubuque, Iowa (City) and Selzer Properties DBQ, LLC
(Developer) entered into a Development Agreement, dated for reference November 22,
2021 (the Development Agreement), for the development of the property legally described
as follows:
Lot 2 Dubuque Industrial Center North Third Addition, City of Dubuque,
Iowa, excepting therefrom Lot 2A of Dubuque Industrial Center North Third
Addition, City of Dubuque, per Instrument Number 2021-00015763 in the
Dubuque County Recorder's Office; and Lot 1-C Dubuque Industrial Center
North First Addition, City of Dubuque, Iowa, per Instrument Number 2021-
00018884 in the Dubuque County Recorder's Office;
; and
WHEREAS, City and Developer have now agreed to terminate the Development
Agreement.
NOW, THEREFORE IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
Section 1. The Development Agreement is hereby terminated.
Section 2. The parties hereby release each other from all obligations of any kind
and shall have no further obligations arising out of or related to the Development
Agreement.
CITY OF DUBUQUE, IOWA SETZER PROPERTIES, DBQ, LLC
By; By:
Brad M. Cavanagh, Mayor Brett T. Setzer, Co -President
Attest:
Adrienne N. Breitfelder, City Clerk