Approving Third Amendment to Development Agreement with Roshek Property LLC, Cottingham & Butler, Inc., and Heartland Financial USA, Inc.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. 13'h St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 80-22
APPROVING THE THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
AMONG THE CITY OF DUBUQUE, ROSHEK PROPERTY, LLC, COTTINGHAM &
BUTLER, INC. AND HEARTLAND FINANCIAL USA, INC.
WHEREAS, the City of Dubuque, Iowa (City), Roshek Property, LLC, an Iowa
limited liability company ("Developer"), and Cottingham & Butler, Inc., an Iowa corporation
("C & B Employer") and Heartland Financial USA, Inc. a Delaware corporation ("Heartland
Employer") (collectively referred to as "Employers"), entered into a Development
Agreement, as amended, dated for reference purposes the 161h of December, 2019; and
WHEREAS, the City, Developer and Employers now desire to amend the
Agreement is set forth in the attached Third Amendment.
NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The Third Amendment to Development Agreement attached hereto is
hereby approved.
Section 2. The Mayor is authorized and directed to sign the Third Amendment
on behalf of the City of Dubuque.
Section 3. The City Manager is hereby authorized and directed to take such action
as may be necessary to carry out the terms of the Development Agreement, as amended.
Passed, approved, and adopted this 10th day of March 2022.
Brad M. C gh, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
THIRD AMENDMENT
TO
DEVELOPMENT AGREEMENT
13Y AND AMONG
THE CITY OF DUBUQUE,
ROSHEK PROPERTY?, LLC,
COTTINGHAM & BUTLER, INC:
AND
HEARTLAND FINANCIAL USA, ]NO.
This THIRD AMENDMENT to Development Agreement is dated, for reference
purposes the JO _ day of Fnorch 2022..
WHEREAS, the City of Dubuque, Iowa (City), Roshek Property, LLC, an Iowa
`limited liability company ("Developer ); Cottingham &Butler, Inc., an Iowa corporation (".C.
B Employer'}, and Heartland Financial USA, Inc. a Delaware corporation ("Heartland
Employer") (collectively referred to as "Employers"), are pafdes ("the Parties") to a.
Development Agreement dated the 16th day of December, 2019,,.as amended; and
WHEREAS, the Parties, now desire to furtherarnend the Development Agreement
as hereinafter provided.
NOW, THEREFORE.,, in of the mutual covenants.contained herein,.
the Parties agree as follows:
1. Section 1.4(9) of:Development Agreement is amended and restated to lead:
as follows:
1..4 Conditions to Closing'. The Closing of the transaction contemplated by this
Agreement and all the 'obligations of Developer under. this Agreement are .subject to
fulfillment, on or before the Closing Date, of the following conditions:
(9.) City will complete and open for parking by December .31, 2024, an
additional parking structure (the."Parking Structure".) iri th6afea shown on Exhibit
H (so that a point on the Parking Structure is within the area shown on Exhibit H)
of not less than 500 parking spaces (motorcycles and motor scooters. excluded)
dedicated to monthly rental spaces for residents of and employees: employed ir1
the Downtown Urban Renewal District as amended from time to time, but will be
open to the general public after 5 .o'clock p.m: Monday through Friday,. and .on
Saturdays, Sundays acid Federal holidays.
City agrees that, if at anypoint between now and: December 31, 2024,
the number of available parking spots for lease inthe Locust Street, Iowa
Q2172o22bal
Street,_ 51h Street, and 101h Street ramps collectively falls to 200.spots,
City will providele C&B Employer the right to lease up to 100 spots at
the.current parking rates in force to hold for its future hiring needs and,
will provide to Heartland Employer the right to lease up to 100 spots at
the current parking rates in force to holdfor its future hiring needs. City
wilt provide notiee to.G&B Employer anal Heartland Employer when -such
.situatiion arises and .C&B Employer and Heartland Employer will each
have 10 business days to,exercise their option to lease these spots: If
C&B Employer does not exercise'its rights to its entire 100 parking spot
block,. Heartland Employer shalt have an additional 1:0 business days to
lease any parking spots C&B Employer had the option to lease.but did
not lease. If Heartland Employer does not exercise its rights to its entire
100. parking. spot block, C&B Employer shall have an additional 10
business days to lease any parking spots Heartland Employer had the
option to.lease but did not lease.
City v+ ill fuififl its previously agreed upon obligations to install additional
street lighting and additional blue.light terminals along. the. pedestrian
walking routes between the and Security Building to the Locust .Street,
Iowa Street 51h Street, and 1V Street.parking.ramps as follows:
A. The 4 existing blue light terminals already purchased by the City
will be installed by May 1, 2022 in the following locations:
i.. Outside- of the 8'h Street entrance to.the Iowa Street ramp
on the south side of gm Street,:near the street;
iL On the northwest corner of .8th Street and Locust Street,
outside of the Locust.Street ramp;
iii. At.Mairt Stteet and 7"' Street; on the north side of the Town.
Clock Circle; and.
iv: On 61h Street in the alley area between the Iowa Street
ramp and the:51.Street ramp.
B, The City will purchase and install 2 additional: blue light terminals
by August 1, 2022 in the following locations:
i. At the southwest corners of 9ra Street and Iowa Street;. and
ii. Near the intersection of 7"' Street and the alley onthe west
side of the Iowa Street ramp, in the walkway from the
Roshek Buildtn0 to the middle.entrairce of the Iowa Street
ramp.
C.. The City will enhance the lighting by increasing the brightness of
existing lights or installing new lights in the following locations by
August 1, 2022;
1. In the alley .between V11 Street and V6 .Street west of the
Iowa Street ramp;
ii. In the alley between.8M Street and. V6 Street west.of the
Grand Theater and Premier Bank:and east:of the Secutity,
2
Building and the Graham Building, particularly on the north
end of.the alley;.
iii. In the.alley east.of the Roshek Building; and
iv. In the plaza area outside of the south entrance to the
Roshek. Building.
(a) The -Parking Structule.will have limited daily parking (not more than
10% of the 500 _parking spaces or such additional daily parking as City in
its sole discretion determine is needed) that will accommodate general
downtown parking needsi and also accommodate transient parking needs
for employees of Employers.
(b) On the opening of the Parking Structure,. individual employees of
G.&.B Employer and Heartland Employer will have.the. first right for a period
of one month to enter into leases forthe:available spaces onthe application
form and subject to the conditions in the form, Exhibit 1, which form may
from time to time be. amended by CIty:in its sole discretlon.
(c) City will make every reasonable .effort to improve pedestrian
corridors to ,make pedestrian access as direct as possible between the
Parking Structure. and the Roshek Building.
(d) Prior to December 31, 2021; City will issue a request for proposals;
contract with a vendor, and begin implementation of a smarter
transportation technology throughout its downtown public. parking ramps to
track parking ramp usage and utilization to analyie real time usage, and to
provide abetter customer experience.
(e) Prior to December 31, 2021, but subject to. all ..required legal
acquisition proceedings, City agrees to.acquire real estate for the site of the
Parking Structure and develop a ,project plan for the Parkirig Structure's
completion.
(SIGNATURE PAGE TO FOLLOW.)
CITY OF DUBUQUE, IOWA
By:
Bra .M. CavatriaWMayor
ATTEST:
��� vO
Adrienne N. Breitfelder; City Clerk.
9
ROSHEK PROPERTY, LLC
Developer /\ �
By:U VDT
David O. Becker, President
COTTINGHAM & BUTLER, INC.
Employer
By:. v
avid O. Becker, President & CEO
HEARTLAND FINANCIAL USA, INC.
Employer
By,
Bryan Mckeag, CFO