First Amendment to Development Agreement with Switch Development, LLCCity of Dubuque
City Council Meeting
Consent Items # 014.
Copyrighted
April 17, 2023
ITEM TITLE: First Amendment to Development Agreement by and between the City of
Dubuque, Iowa and Switch Development, LLC.
SUMMARY: City Manager recommending City Council adopt a resolution approving
the First Amendment to a Development Agreement by and between the
City of Dubuque, Iowa and Switch Development LLC., revising the
Closing Date to take place June 30, 2023, and also set a new deadline
of June 30, 2023, for funding the Escrow Agreement for the intersection
improvements required by the Development Agreement.
RESOLUTION Approving the First Amendment to Development
Agreement by and between the City of Dubuque, Iowa and Switch
Development, LLC
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
FIN ik[91:ILyil21zIII l+]
Description Type
MVM Memo City Manager Memo
Memo Staff Memo
Resolution Resolutions
Agreement Supporting Documentation
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: First Amendment to Development Agreement by and between the City of
Dubuque, Iowa and Switch Development, LLC.
DATE: April 13, 2023
Senior Counsel Barry Lindahl is recommending City Council adopt a resolution
approving the First Amendment to a Development Agreement by and between the City
of Dubuque, Iowa and Switch Development LLC., revising the Closing Date to take
place June 30, 2023, and also set a new deadline of June 30, 2023, for funding the
Escrow Agreement for the intersection improvements required by the Development
Agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
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Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
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BARRY A. LINDAHL, Q.
SENIOR COUNSEL
MEMO
To: Michael C. Van Milligen
City Manager
DATE: April 13, 2023
Dubuque
AI•Aa�erica CiIY
2007-2012.2013
2017*2019
RE: First Amendment to Development Agreement by and between the City of
Dubuque, Iowa and Switch Development, LLC
The City of Dubuque, Iowa (City), and Switch Development, LLC (Developer) entered into
that certain Development Agreement dated February 7, 2023 (the Agreement). City and
Developer desire to amend the Agreement as set forth in the attached First Amendment.
The First Amendment revises the Closing Date to take place June 30, 2023, and also
sets a new June 30, 2023 deadline for funding the Escrow Agreement for the intersection
improvements required by the Development Agreement.
I recommend that the attached Resolution approving the First Amendment be submitted
to the Mayor and City Council for consideration and approval.
BAL:JLM
Attachments
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) 583-41131 FAx (563) 583-10401 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. 131h St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 111-23
APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF DUBUQUE, IOWA AND SWITCH DEVELOPMENT, LLC
WHEREAS, City and Developer entered into that certain Development Agreement
dated February 7, 2023 (Agreement) with respect to the matters specified therein; and
WHEREAS, City and Developer desire to amend the Agreement as set forth in the
attached First Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1, The First Amendment to Development Agreement is hereby
approved.
Section 2. The Mayor and City Clerk are hereby authorized and directed to sign
the First Amendment on behalf of the City of Dubuque.
Passed, approved, and adopted this 17th day of April, 2023.
Brad M. anagh, Mayor
ATTEST:
Adrienne N. Breitfelder, City Clerk
FIRST AMENDMENT
TO
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
SWITCH DEVELOPMENT, LLC
This First Amendment to Development Agreement, dated for the reference
purposes the 1 7 day of c; f , 2023, is made and entered into by the
City of Dubuque, Iowa (City), and Switch Development, LLC (Developer).
WHEREAS, City and Developer entered into that certain Development Agreement
dated February 7, 2023 (Agreement) with respect to the matters specified therein; and
herein.
WHEREAS, City and Developer desire to amend the Agreement as set forth
NOW, THEREFORE, IT IS AGREEMENT BY AND BETWEEN THE PARTIES AS
FOLLOWS:
Section 1. Section 1.3 is amended to read as follows:
1.3 Closing. The closing shall take place on the Closing Date which shall
be the 30th day of June, 2023. 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.
Section 2. Section 2.2(2)(b) is amended to read as follows:
(2) Developer Obligations.
(b) On or prior to June 30, 2023, Developer must place Four Hundred
Thousand Dollars ($400,000) (the Escrow Amount) in an escrow account
for the benefit of City (the Escrow Account) pursuant to an Escrow
Agreement acceptable in form to City. Funds in the Escrow Account will be
available to City any time City in its sole discretion deems necessary to pay
for the Required Intersection Improvements; provided, however, that City's
total draw shall not exceed 213 of the actual costs incurred as those costs
are incurred. Any Escrow Amount in the Developer Fund remaining in the
Developer Fund after the payment of all costs of the Required Intersection
Improvements shall be promptly refunded to Developer.
Section 3. All other terms and conditions shall remain in full force and effect.
04042023bal
Section 3. All other terms and conditions shall remain in full force and effect.
CITY OF DUBUQUE, IOWA
By:
Brad M. a;r agh, Mayor
ATTEST:
Adrienne N. Breitfelder, City Clerk
SWITCH DEVELOPMENT, LLC
By/ic�SiL, y'�1 C
: ;
r
Matt Mu�lig n, Managing Member
04042023bal