Development Agreement between the City of Dubuque and Merge, LLCCity of Dubuque
City Council Meeting
Consent Items # 09.
Copyrighted
November 6, 2023
ITEM TITLE: Development Agreement between the City of Dubuque and Merge, LLC:
Resolution Approving the Reservation of Easements by the City of
Dubuque, Iowa
SUMMARY: City Manager recommending City Council adopt a resolution approving
the Reservation of Easements by the City of Dubuque, Iowa.
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
MVM Memo
Staff Memo
Reservation of Easements
Resolution of Approval
RESOLUTION Approving the Reservation of Easements by the City of
Dubuque, Iowa in connection with a Development Agreement between
the City of Dubuque and Merge, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
Type
City Manager Memo
Staff Memo
Supporting Documentation
Resolutions
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Development Agreement between the City of Dubuque and Merge, LLC:
Resolution Approving the Reservation of Easements by the City of
Dubuque, Iowa
DATE: November 1, 2023
Senior Counsel Barry Lindahl is recommending City Council adopt a resolution
approving the Reservation of Easements by the City of Dubuque, Iowa.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
Jill Connors, Economic Development Director
Nate Kieffer, Surveyor
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BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
MEMO
To: Michael C. Van Milligen
City Manager
DATE: November 1, 2023
Dubuque
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2007-2012.2013
2017*2019
RE: Development Agreement between the City of Dubuque and Merge, LLC:
Resolution Approving the Reservation of Easements by the City of Dubuque, Iowa
The City and Merge, LLC entered into that certain Development Agreement dated
November 18, 2019, as amended, with respect to the matters specified therein.
The Development Agreement provides that the City shall reserve unto itself certain
easements on the Development Property as set forth in the attached Reservation of
Easements by the City of Dubuque, Iowa.
I recommend that the attached Resolution approving the Reservation of Easements by
the City of Dubuque, Iowa be submitted to the City Council for consideration and approval.
Attachments
cc: Crenna Brumwell, City Attorney
Jill Connors, Economic Development Director
Nate Kieffer, Surveyor
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
Doc ID: 011164560010 Type: GEN
Kind: EASEMENT
Recorded: 11/15/2023 at 08:43:17 AM
Fee Amt: $52.00 Paqe i of 10
Dubuque County Iowa
Karol Kennedy Recorder
File2023-00010833
RECORDER'S COVER SHEET
RESERVATION OF EASEMENTS
Preparer Information:
Barry A. Lindahl, Senior Counsel, City of Dubuque, Iowa, 300 Main Street, Suite 330,
Dubuque, Iowa 52001 Phone: (563) 589-4113
Taxpayer Information:
Barry A. Lindahl, Senior Counsel, City of Dubuque, Iowa, 50 West 13th Street, Dubuque,
IA 52001
Return Document To:
Adrienne N. Breitfelder, City Clerk, City of Dubuque, Iowa, 50 W. 13th Street, Dubuque,
Iowa 52001 Phone: (563) 589-4100
Legal Description:
Lot 2 Adams Company's 5th Addition in the City of Dubuque, Iowa
Grantors:
City of Dubuque, Iowa
Grantees:
City of Dubuque, Iowa
RESERVATION OF EASEMENTS
BY THE CITY OF DUBUQUE, IOWA
The City of Dubuque, Iowa, as owner of the following described real property
located in Dubuque County, Iowa:
Lot 2 Adams Company's 5th Addition in the City of Dubuque, Iowa
Hereby reserves unto itself, its agents and employees, the easements shown on
Exhibits A, B, C, and D attached hereto as follows:
A Parking Structure Maintenance and Lighting and Conduit Easement over Lot 2 Adams
Company's 5th Addition in the City of Dubuque, Iowa for the purpose of maintaining the
existing parking structure owned by the City of Dubuque and located on Lot 1 of Adams
Company's 5th Addition, in the City of Dubuque, Iowa. Said easement to allow
reasonable access to the parking structure for maintenance, repairs, and replacements
to the parking structure. The owner of Lot 2 of Adams Company's 5th Addition in the
City of Dubuque Iowa shall clear the easement area to facilitate any parking structure
maintenance and the City of Dubuque at its sole cost shall restore the turf, concrete
walkways, and trees/shrubs to their previous condition if damaged is caused as part of
the parking structure maintenance work. Said easement shall also be for the purpose of
the City of Dubuque to own and maintain the existing lighting and conduit along the
exterior of the parking structure which that are located within said Lot 2 of Adams
Company's 5th Addition. Said easement area shall be located as shown on Exhibit A
attached hereto.
An Ingress/Egress for Emergency Vehicles Easement over Lot 2 Adams Company's 5th
Addition in the City of Dubuque, Iowa for the purpose of ingress, egress, and access to
and from the parking structure owned by the City of Dubuque and located on Lot 1 of
Adams Company's 5th Addition, in the City of Dubuque, Iowa and to and from the
proposed mixed -use building on Lot 2 of Adams Company's 5th Addition in the City of
Dubuque Iowa. Said easement rights shall benefit the City of Dubuque and extend to
any fire, police, paramedic, or other emergency service or public, safety provider and
their personnel, including utility providers in the event of an emergency. Said easement
area shall be located as shown on Exhibit B attached hereto.
A Pedestrian Ingress/Egress and Wayfinding Signage Easement over Lot 2 Adams
Company's 5th Addition in the City of Dubuque, Iowa for the purpose of pedestrian
ingress and egress to and from the existing parking structure owned by the City of
Dubuque and located on Lot 1 of Adams Company's 5th Addition, in the City of
Dubuque, Iowa and to and from the public street rights of way of East 5th Street and Ice
Harbor Drive. Said easement shall also be for the purpose of installing, maintaining,
and repairing pedestrian wayfinding signage for access to and from the facilities located
in the existing parking structure owned by the City of Dubuque and located on Lot 1 of
Adams Company's 5th Addition, in the City of Dubuque, Iowa and to and from the public
street rights of way of East 5tn Street and Ice Harbor Drive. Said easement area shall
be located as shown on Exhibit C attached hereto.
A No Build Zone Easement over Lot 2 Adams Company's 51t' Addition in the City of
Dubuque, Iowa. No building structures, as defined by the City of Dubuque Code of
Ordinance, shall be constructed within the easement area. Said easement area shall
be located as shown on Exhibit D attached hereto.
CITY OF DUBUQUE IOWA
.• M. Cavanagh,
ATTEST:
WAN
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE
On this �day of MwJ2-e. , 2023, before me a Notary Public in and
for said County, personally appeared Bard M. Cavanagh and Adrienne N. Breitfelder to
me personally known, who being duly sworn, did say that they are the Mayor and City
Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to the foregoing
instrument is the seal of said Municipal Corporation, and that said instrument was signed
and sealed on behalf of said Municipal Corporation by authority and resolution of its City
Council and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said Municipal Corporation by it voluntarily executed.
.s• `e. STEPHANIE A. VALENTINE
Commission Nun bar 791714
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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"' St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 357-23
APPROVING THE RESERVATION OF EASEMENTS BY THE CITY OF DUBUQUE,
IOWA IN CONNECTION WITH A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF DUBUQUE AND MERGE, LLC
WHEREAS, the City of Dubuque, Iowa is the owner of the following described real
property in Dubuque County, Iowa:
Lot 2 Adams Company's 5"' Addition in the City of Dubuque, Iowa
(the Property)
; and
WHEREAS, City and Merge, LLC entered into that certain Development
Agreement dated November 18, 2019, as amended, with respect to the matters specified
therein; and
WHEREAS, the Development Agreement provides that the City shall reserve unto
itself certain easements on the Property as set forth in the attached Reservation of
Easements by the City of Dubuque, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
Section 1. The Reservation of Easements by the City of Dubuque, lowa.is
hereby approved.
Section 2. The City Clerk is hereby authorized and directed to record the
Reservation of Easements by the City of Dubuque, Iowa with the Dubuque County
Recorder.
CITY OF DUBUQUE IOWA
ATTEST:
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed,
qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
City Clerk, I have in my possession or have access to the records of the proceedings of the
City Council. I do further state that the hereto attached Resolution No. 357-23 is a true
and correct copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 7th day of November, 2023.
Adrienne N. Breitfelder, City Clerk