First Amendment to Development Agreement with SJR Properties, L.L.C., and Universal Tank Fabrication, Inc.City of Dubuque
City Council
CONSENT ITEMS # 7.
Copyrighted
February 3, 2025
ITEM TITLE: First Amendment to Development Agreement by and among
the City of Dubuque, Iowa, SJR Properties, L.L.C., and
Universal Tank Fabrication, Inc.
SUMMARY: City Manager recommending City Council approval of the
First Amendment to Development Agreement with City of
Dubuque, Iowa, SJR Properties, L.C.C., and Universal Tank
Fabrication, Inc.
RESOLUTION Approving The First Amendment To
Development Agreement By And Between The City Of
Dubuque, Iowa And SJR Properties, L.L.C., And Universal
Tank & Fabrication, Inc.
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. MVM First Amendment 01242025
3. First Amendment Resolution_ SJR Universal _ 01242025
4. 8025 Chavenelle Dr Development agreement amendment
Page 111 of 721
Dubuque
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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 among the City of
Dubuque, Iowa, SJR Properties, L.L.C., and Universal Tank Fabrication,
Inc.
DATE: January 29, 2025
Senior Counsel Barry Lindahl is recommending City Council approval of the First
Amendment to Development Agreement with City of Dubuque, Iowa, SJR Properties,
L.C.C., and Universal Tank Fabrication, Inc.
The Development Agreement provided for a closing date not later than December 31,
2024. The parties were not able to close on that date and therefore are requesting that
the closing date be rescheduled as set forth in the attached First Amendment.
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, Esq Senior Counsel
Page 112 of 721
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BARRY A. LINDAI
SENIOR COUNSEI
MEMO
To: Michael C. Van Milligen
City Manager
DATE: February 3, 2025
Dubuque
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RE: First Amendment to Development Agreement by and among the City of
Dubuque, Iowa, SJR Properties, L.L.C., and Universal Tank Fabrication,
Inc.
On December 2, 2024, the City of Dubuque, Iowa, SJR Properties, L.L.C. and
Universal Tank Fabrication, Inc. entered into a Development Agreement for the
development for the following property:
Lot 7 and Lot 8 of Dubuque Industrial Center West 2nd Addition in the City of
Dubuque, Iowa according to the recorded plat thereof locally known as 8025 Chavenelle
Road.
The Development Agreement provided for a closing date not later than December
31, 2024. The parties were not able to close on that date and therefore are requesting
that the closing date be rescheduled as set forth in the attached First Amendment.
I recommend that the attached Resolution approving the First Amendment to
Development Agreement by submitted to the City Council for consideration and adoption.
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
Page 113 of 721
Prepared by Barry A. Lindal. Esg. 300 Main St., Ste. 330 Dubuque IA 52001-6944 (563) 583-4113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 30-25
APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF DUBUQUE, IOWA AND SJR PROPERTIES, L.L.C., AND
UNIVERSAL TANK & FABRICATION, INC.
WHEREAS, the City of Dubuque (City), SJR Properties, L.LC. (Developer), and
Universal Tank Fabrication, Inc. (Employer), entered into a Development Agreement
dated December 2, 2024; and
WHEREAS, City and Developer desire to amend the Development Agreement as set
forth in the attached First Amendment to Development Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The First Amendment to Development Agreement by and between the City
of Dubuque, Iowa, SJR Properties, L.LC. (Developer), and Universal Tank Fabrication,
Inc. (Employer), copy of which is attached hereto, in hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the First
Amendment to Development Agreement on behalf of the City of Dubuque and the City
Clerk is authorized and directed to attest to his signature.
Section 3. The City Manager is authorized to take such actions as are necessary to
comply with the terms of the First Amendment to Development Agreement as herein
approved.
Passed, approved, and adopted this 3rd of February, 2025.
rad MOM'ag-h, Mayor
Attest:
v
Adrienne N. Breitfelder, City Clerk
FIRST AMENDMENT
TO
DEVELOPMENT AGREEMENT
BY AND AMONG
THE CITY OF DUBUQUE, IOWA,
SJR PROPERTIES, L.L.C.,
AND
UNIVERSAL TANK & FABRICATION, INC.
This First Amendment to Development Agreement, dated for reference purposes
the ;P,> day of J{4i�r'!l , 2025, is made and entered into by the City of Dubuque,
Iowa, a municipality (City), established pursuant to the Iowa Code and acting under
authorization of Iowa Code Chapter 403, as amended (the Urban Renewal Act), SJR
Properties, L.L.C,, and Iowa limited liability company with its principal place of business
at Dubuque, Iowa (Developer), and Universal Tank & Fabrication, Inc., a Delaware
corporation with its principle place of business in Dubuque, Iowa (Employer).
WHEREAS, City, Developer, and Employer entered into a Development
Agreement dated December 2, 2024; and
WHEREAS, City, Developer, and Employer desire to amend the Development
Agreement as set forth herein.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL TERMS AND
COVENANTS CONTAINED HEREIN, CITY, DEVELOPER, AND EMPLOYER AGREE
AS FOLLOWS;
Section 1. Section 1.4 of the Development Agreement is hereby amended to
read as follows:
1.3 Closing. The closing shall take place on the Closing Date which shall
be the 31 st day of January, 2025, or other such date as the parties shall
agree in writing but in no event, shall the Closing Date be later than the 28th
day of February, 2025 without written consent of City in its sole discretion.
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. Except as modified herein, the Development Agreement shall remain
in full force and effect.
53127772
Page 115 of 721
CITY OF DUBUQUE, IOWA
By: S
M. C 'gh, Mayor
Attest:
Adrienne N. Breffelder, City Clerk
SJR PROPERTIES, L.L.C.
By:
UNIVERSAL TANK & FABRICATION,
INC.
BY:
Dan Davis, CEO
53127772