First Amendment to Development Agreement Between the City of Dubuque and FitzGerald EnterpriZes, LLC for the Rehabilitation of 2400 Central Avenue Copyrighted
April 6, 2026
City of Dubuque CONSENT ITEMS # 10.
City Council
ITEM TITLE: First Amendment to Development Agreement Between the
City of Dubuque and FitzGerald EnterpriZes, LLC for the
Rehabilitation of 2400 Central Avenue
SUMMARY: City Manager recommending City Council approval of the
attached resolution approving the First Amendment to
Development Agreement by and between the City of
Dubuque and FitzGerald EnterpriZes, LLC.
RESOLUTION Approving A First Amendment To
Development Agreement By And Between The City Of
Dubuque, lowa And FitzGerald EnterpriZes, LLC
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo First Amendment DA for the Rehabilitation of 2400 Central Avenue
2. Staff Memo
3. First Amendment
4. Resolution
Page 958 of 2358
Dubuque
THE CITY OF �
uhA�eMa cin
DuB E ; . � ,
I � � I.
Maste iece on the Mississi t 2oo�•zoiz•zois
�P Pp zoi�*zoi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: First Amendment to Development Agreement Between the City of
Dubuque and FitzGerald EnterpriZes, LLC for the Rehabilitation of 2400
Central Avenue
DATE: April 1, 2026
Economic Development Director Jill Connors is recommending City Council approval of
the attached resolution approving the First Amendment to Development Agreement by
and between the City of Dubuque and FitzGerald EnterpriZes, LLC.
The rehabilitation of 2400 Central Avenue is progressing. However, unexpected building
issues, increased material costs, and a tough financing market for development have
pushed the project behind schedule. FitzGerald EnterpriZes, LLC has been in regular
communication with our department on the status of the project throughout this
rehabilitation process. FitzGerald EnterpriZes, LLC has requested an updated closing
date of April 8, 2026, and an amended completion date of December 31, 2026. This will
allow time for the project to be completed and properly inspected.
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
Jill Connors, Economic Development Director
Page 959 of 2358
Dubuque Economic Development
Department
THE CITY OF ' ' 1300 Main Street
All•Ame�ica City Dubuque,lowa 52001-4763
U� � `��x..,�i�nx ii�:� Office(563)589-4393
, � ►
TTY(563)690-6678
� http://www.cityofdubuque.org
2007*2012*2013
Masterpiece on the Mississippi 2oi�*zoi9
TO: Michael C. Van Milligen, City Manager
FROM: Jill M. Connors, Economic Development Director
SUBJECT: First Amendment to Development Agreement Between the City of
Dubuque and FitzGerald EnterpriZes, LLC for the Rehabilitation of 2400
Central Avenue
DATE: March 30, 2026
INTRODUCTION
This memorandum presents for City Council consideration and action the attached
resolution approving a First Amendment to Development Agreement by and between the
City of Dubuque and FitzGerald EnterpriZes, LLC for the rehabilitation of 2400 Central
Avenue.
BACKGROUND
The Downtown Rehabilitation Loan Program (DRLP) provides several incentives from the
Economic Development department for the rehabilitation of historic buildings in our
greater downtown.
This program has had a positive impact in the appearance and livability of our downtown,
which leads to a more attractive business and residential environment. As such, the
Economic Development Department finds these programs to be great tools for attracting
and retaining a quality workforce for our businesses.
On May 5, 2025, the Dubuque City Council entered into a Development Agreement with
FitzGerald EnterpriZes, LLC by Resolution No. 156-25. The Development Agreement
included a housing creation grant in the amount of $30,000 and a 15-year tax increment
financing incentive. The original agreement required an outside closing date of May 31,
2025 and the minimum improvements to the property be completed by December 31,
2025.
Page 960 of 2358
DISCUSSION
The rehabilitation of 2400 Central Avenue is progressing. However, unexpected building
issues, increased material costs, and a tough financing market for development have
pushed the project behind schedule. FitzGerald EnterpriZes, LLC has been in regular
communication with our department on the status of the project throughout this
rehabilitation process. FitzGerald EnterpriZes, LLC has requested an updated closing
date of April 8, 2026 and an amended completion date of December 31, 2026. This will
allow time for the project to be completed and properly inspected.
RECOMMENDATION /ACTION STEP
I respectfully request City Council approval of the attached resolution approving the First
Amendment to Development Agreement by and between the City of Dubuque and
FitzGerald EnterpriZes, LLC.
2
Page 961 of 2358
FIRST AMENDMENT
TO
DEVELOPMENT AGREEMENT
BY AIVD B TWEEN
THE CITY OF DUBUQUE, IUVIIA
AND
FITZGERALD ENTERPRIZES, L.L.C.
This First Amendmen#to D velopment Agreement (the Dev lopment Agreement)
dated for reference purposes the day o# 2026 is made and
entered into by and between the City of Dubuque, fowa (City}, and FitzGerald
EnfierpriZes, L.L.C. (Deveioper). '
WHEREAS,the City and Developer entered into a Development/qreement dated
May 5, 2025 for tMe development of the real estate locally known as 2400 Cen#ral avenue,
Dubuque, lowa and legally described as follows (the I'roperty):
Lot 1 of Lot 1 of ot 'I of Lot 170, Lot 2 of Lot of Lot 170, Lot 2 of Lot 1 of Lot i
i
1 of Lot 170, and Lofi 1 0# Lot 1 of Lot 171, all in L.H. Langworthy's Addition #o
the City of Dubuque, lowa, according fo the recorded Plats thereof `
and
WHEREA3, Ci#y and Developer now desire to amend the Developmen#
Agresment as set#qrth herein.
i
N41N, TH'REFOR; the parties fio fihis First Amendment to Development
Agreement, in consideration of th promises, covenants and agreements made by each
other, do hereby agree as follows:
SECTl4N 1. Section 1.3 is amended to read as follows:
1.3 Closinq. The closing shall fiake place on the Closing Date which shall be the 8cn
day of April, 2026, or such other date as the parties shall agree in writing bufi in no event
shall the Clasing Date be lafier fihan the 30t" day of April, 2026. Consummation of the
ciosing shall be deemed an ag reement of the parties to this Agreement tha the conditions
of closing shail have been satisfied or waived.
SECTION 2. Section. 2.1 is amended to read as foilows:
Page 962 of 2358
6th April
i
i
2.1 Required Minimum Im rovements. Developer will make a capi#a{ investment of
approxima ely Five Hundred Thousand Dollars{$500,000.00}to improve the Building (the
Minimum Improvements}. The Minimum Impra ements include creating three (3) new
iresidential market rate units and r habilitating the fa ade including doors and windows.
SECTION 3. Section 2.3 is amended to read as foliows:
2.2 Timinq of Improvements. Developer hereby agrees fihat cons#ruction of the
Minimum Irr provements on the Property shall begin by November 1, 2024, and shall be
substantially completed by December 31, 2026. The time for the performance of these
obligations shall be suspended due to, unavoidable delays m aning delays, ou#side the
control of the party claiming its occurrence in good faith, which are the direct result o#
strikes, other iabor troubles, unusua! shortages of materials or labor, unusually sewere or
prolonged bad weather,acts of God, fire ar other casualty to the Minimum lmprovements,
litigation commenc d by t ird parties which, by injunatian or ather similar judicial action
or by the exercise of reasonable discre tion directly resul'ts in delays, or acts ofi any fed ral,
state or local governmen which directly result in extraordinary delay. The time for
performance of such obligations shall be extended only for the period of such delay.
SECTION 4. Ail o#her terms and conditions sha11 remain in full force and effect.
C1TY OF DUBUQUE, IOWA FITZGERALD EIdTERPRIZES, l..L.C.
By BY
Brad M. Cavanagh, Mayor Ky itzgerald, ember
Attest:
Adrienne N. Breitfelder, City lerk
i
i
Page 963 of 2358
z
Prepared by Ian C. Hatch, Assistant Economic Development Director, 1300 Main Street Dubuque IA 52001 (563) 589-4105
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131h St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 102-26
APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA AND FITZGERALD ENTERPRIZES, LLC
WHEREAS, The City of Dubuque, Iowa (City) and FitzGerald EnterpriZes, LLC (Developer)
entered into a Development Agreement dated May 5, 2025 for the redevelopment of 2400 Central
Avenue in the City of Dubuque, Iowa (the Project); 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 between the City of Dubuque,
Iowa and FitzGerald EnterpriZes, LLC, a copy of which is attached hereto, is hereby approved.
Section 2. That 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. That 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 6th day of April, 2026.
Brad anagh, Mayor
Attest:
Adrienne N. Breitfelder, `City Clerk