Ninth Amendment to the Development Agreement with GT Novelty, LLC and GT Novelty Condos, LLCCity of Dubuque
City Council
ACTION ITEMS # 6.
Copyrighted
December 15, 2025
ITEM TITLE: Ninth Amendment to the Development Agreement by and
between the City of Dubuque, Iowa and GT Novelty, LLC and
GT Novelty Condos, LLC
SUMMARY: City Manager recommending City Council adopt the
resolution approving the Ninth Amendment to the
Development Agreement with GT Novelty, LLC and GT
Novelty Condos, LLC.
RESOLUTION Approving The Ninth Amendment To The
Development Agreement By And Between The City Of
Dubuque, Iowa And Gt Novelty, LLC And Gt Novelty Condos,
LLC
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. MVM_Novelty 9th Amendment_12-11-2025
3. 9th Amenember NIW Resolution 12-11-2025
4. Novelty DA Ninth Amend SIGNED
Page 1011 of 1019
Dubuque
THE CITY OF
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DuBE
13
Masterpiece on the Mississippi zoo�•*o
rP PP 2017202019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Ninth Amendment To The Development Agreement By And Between The
City Of Dubuque, Iowa And GT Novelty, LLC And GT Novelty Condos,
LLC
DATE: December 11, 2025
Senior Counsel Barry Lindahl is recommending City Council adopt the resolution
approving the Ninth Amendment to the Development Agreement with GT Novelty, LLC
and GT Novelty Condos, LLC.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
1�,A� k�4 S4-zn"
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
Page 1012 of 1019
THE CITY OF
DUB E
Masterpiece on the Mississippi
BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
MEMO
To: Michael C. Van Milligen
City Manager
DATE: December 15, 2025
Dubuque
AII•AnerIn Cily
2007-2012.2013
2017*2019
RE: NINTH AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF DUBUQUE, IOWA AND GT NOVELTY, LLC
AND GT NOVELTY CONDOS, LLC
The City of Dubuque and Warehouse Trust, LLC previously entered into a Development
Agreement dated the 17t" day of June 2013 (the Development Agreement) for the
development of the Novelty building in the Millwork District.
Warehouse Trust, LLC assigned its interest in the Development Agreement to Novelty
Iron Landlord, LLC. The building was improved by the original developer as required by
the Development Agreement
• Novelty Iron Landlord, LLC sold the building and assigned its interest in the
Development Agreement to GT Novelty, LLC and GT Novelty Condos, LLC.
• There have been eight prior amendments to the Development Agreement.
• City, GT Novelty, LLC and GT Novelty Condos, LLC have agreed to the Ninth
Amendment to the Development Agreement attached hereto to clarify the validity
of certain prior Amendments and to remove a portion of the Property from the
Development Agreement so that such removed parcel may be subject to a new
Development Agreement between City and GT Novelty Condos, LLC.
I recommend that the attached Resolution approving the Ninth Amendment to
Development Agreement be submitted to the City Council for consideration and approval.
BAL:JLM
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 1013 of 1019
Attachments
cc: Crenna Brumwell, City Attorney
Flint Drake, Esq.
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 tsteckle@cityofdubuque.org
Page 1014 of 1019
Prepared by Barry A. Lindahl 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. 404 -25
RESOLUTION APPROVING THE NINTH AMENDMENT TO THE DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND GT
NOVELTY, LLC AND GT NOVELTY CONDOS, LLC
WHEREAS, the City of Dubuque and Warehouse Trust, LLC previously entered
into a Development Agreement dated the 1711 day of June 2013 (the Development
Agreement), as amended; and
WHEREAS, Warehouse Trust, LLC assigned its interest in the Development
Agreement to Novelty Iron Landlord, LLC; and
WHEREAS, Novelty Iron Landlord, LLC assigned its interest in the Development
Agreement to GT Novelty, LLC and GT Novelty Condos, LLC; and
WHEREAS, there have been eight prior amendments to the Development
Agreement; and
WHEREAS, City and GT Novelty, LLC and Novelty Condos, LLC have agreed to
the Ninth Amendment to the Development Agreement attached hereto to clarify the
validity of certain prior Amendments and to remove a portion of the Property from the
Development Agreement so that such removed parcel may be subject to a new
Development Agreement between City and GT Novelty Condos, LLC.
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
SECTION 1. The Ninth Amendment to Developer Agreement is approved.
SECTION 2. The Mayor is hereby authorized and directed to sign the Ninth
Amendment on behalf of the City of Dubuque.
Passed, approved and adopted this 15th day of December, 2025.
Brad M. CA gh,'Mayor
Attest:
Adrienne N. Breitfelder, dty Clerk
NINTH AMENDMENT
TO
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND GT NOVELTY, LLC
AND
GT NOVELTY CONDOS, LLC
This Ninth Amendm nt to Development Agreement, dated for reference
purposes the � day of ec, rn e/' , 2025, is made and entered into by and
between the City of Dubuque, Iowa (City) and GT Novelty, LLC and GT Novelty Condos,
LLC .
Recitals
A. City and Warehouse Trust, LLC previously entered into a Development
Agreement dated the 1711 day of June 2013 (the Development Agreement), as
amended; and
B. Warehouse Trust, LLC assigned its interest in the Development Agreement to
Novelty Iron Landlord, LLC; and
C. Novelty Iron Landlord, LLC assigned its interest in the Development Agreement
to GT Novelty, LLC and GT Novelty Condos, LLC; and
D. There have been eight prior amendments to the Development Agreement; and
E. City and GT Novelty, LLC and Novelty Condos, LLC have agreed to this Ninth
Amendment to the Development Agreement to clarify the validity of certain prior
Amendments and to remove a portion of the Property from the Development
Agreement so that such removed parcel may be subject to a new Development
Agreement between City and GT Novelty Condos, LLC.
THEREFORE, in consideration of the mutual terms and covenants contained
herein, the parties agree as follows:
SECTION 1. Certain Amendments Void. The parties agree and acknowledge that
Amendments 6,7 and 8 to the Development Agreement are void and of no further force
or effect;
SECTION 2. Revision to Description of Real Estate. The Property subject to the
Development Agreement is hereby amended by deleting therefrom the following
described real estate:
Unit 4 of Novelty Iron Works Condominiums located on Lot 1 of Lot 1 of Center
City Place #2, in the City of Dubuque, Iowa, according to the Declaration of
Submission to Horizontal Property Regime, Instrument #2014-2934, as
amended, and the recorded Plat thereof
(the Excluded Real Estate).
The parties agree and acknowledge that the Excluded Real Estate shall be the subject
of a separate Development Agreement between the City and GT Novelty Condos, LLC.
CITY OF DUBUQUE, IOWA
' J E2�TJ
ra M. Ca nigh, Mayor
ATTEST:
4"�"L� ��"
Adrienne N. Breitfelder, tity Clerk
GT NOVELTY, LLC
Tom Kelzer, Presiden
GT NOVELTY CONDOS, LLC
Tom Kelzer, President