First Amendment to Development Agreement with Millwork Flats, L.L.C.City of Dubuque
City Council
CONSENT ITEMS # 9.
Copyrighted
February 17, 2025
ITEM TITLE: First Amendment to Development Agreement by and
between the City of Dubuque, Iowa and Millwork Flats, L.L.C.
SUMMARY: City Manager recommending City Council approval of the
First Amendment to the Development Agreement with
Millwork Flats, L.L.C.
RESOLUTION Approving The First Amendment To
Development Agreement By And Between The City Of
Dubuque, Iowa And Millwork Flats, L.L.C.
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. First Amendment _ Millwork Flats MVM Memo
3. 1 st Amendment Resolution —Millwork Flats
4. SIGNED 1st Amendment Millwork Flats 02042025
Page 122 of 797
Dubuque
THE CITY OF
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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 Millwork Flats, L.L.C.
DATE: February 13, 2025
Senior Counsel Barry Lindahl is recommending City Council approval of the First
Amendment to the Development Agreement with Millwork Flats, L.L.C.
The Development Agreement provided for a closing date not later than March 1, 2025,
however the parties are not able to close on that date and therefore are requesting that
the closing date be rescheduled to December, 2025 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, Senior Counsel
Jill Connors, Economic Development Director
Page 123 of 797
THE C
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BARRY A. LINDAHL,
SENIOR COUNSEL
MEMO
To: Michael C. Van Milligen
City Manager
DATE: February 17, 2025
Dubuque
AII•Aeerici city
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2007-2012.2013
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RE: First Amendment to Development Agreement by and between the City of
Dubuque, Iowa and Millwork Flats, L.L.C.
On June 17, 2024, the City of Dubuque, Iowa and Millwork Flats, L.L.C. entered
into a Development Agreement for the development for the following property:
Lot 384, 385, 386, 384 and the South one-half of Lot 388, in the City of Dubuque,
Iowa, according to the United States Commissioners' plat of the survey of the
Town of Dubuque, Iowa,
and
Lot 2 of City Lot 386A in the City of Dubuque, Iowa, according to the Plat recorded
as Instrument #2017-4502, records of Dubuque County, Iowa
The Development Agreement provided for a closing date not later than March
1,2025. The parties are 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.
As a result of financing issues, the Developer has requested that the closing date
be pushed back to December, 2025.
I recommend that the attached Resolution approving the First Amendment to
Development Agreement by submitted to the City Council for consideration and adoption.
BAL:JLM
Cc: 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
Page 124 of 797
Prepared by Barry A. Lindal, Esa. 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. 48-25
APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF DUBUQUE, IOWA AND MILLWORK FLATS, L.L.C.
Whereas, the City of Dubuque (City) and Millwork Flats, L.L.C. (Developer) entered into a
Development Agreement dated June 17, 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 and Millwork Flats, L.L.C., 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 17th day of February, 2025.
6radTrC��gh,Mayor
Attest: L--'
Adrienne N. Breitfelder, City Clerk
FIRST AMENDMENT
TO
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
MILLWORK FLATS, L.L.C.
This First Amgndment to Development Agreement, dated for reference purposes
the = day of Feh(i,� car , 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), and
Millwork Flats, L.L.C. (Developer).
WHEREAS, City and Developer entered into a Development Agreement dated
June 17, 2024; and
WHEREAS, City and Developer desire to amend the Development Agreement as
set forth herein.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL TERMS AND
COVENANTS CONTAINED HEREIN, CITY AND DEVELOPER AGREE AS FOLLOWS:
Section 1. Section 1.3 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 1st day of December, 2025, or other such date as the parties shall
agree in writing but in no event, shall the Closing Date be later than the 31St
day of December, 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.
CITY OF DUBUQUE, IOWA
By
Brad van gh, Mayor
MILLWORK FLATS, L.L.C.
By: ���
Attest:
Adrienne N. Breitfelder, City Clerk