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Development Agreement Linseed Lofts, LLC Second Amendment Copyrighted April 20, 2026 City of Dubuque ACTION ITEMS # 6. City Council ITEM TITLE: Development Agreement Linseed Lofts, LLC Second Amendment SUMMARY: City Manager recommending approval of the Second Amendment to Development Agreement between the City of Dubuque and Linseed Lofts, LLC. RESOLUTION Approving the Second Amendment to Development Agreement between the City of Dubuque, lowa and Linseed Lofts, LLC SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. MVM Memo Second Amendment to Development Agreement By and Between the City of Dubuque, lowa and Linseed Lofts, LLC 2. Staff Memo 3. Resolution 4. Linseed Lofts - City - Second Amendment to Development Agreement - signed Page 803 of 901 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: Second Amendment to Development Agreement By and Between the City of Dubuque, lowa and Linseed Lofts, LLC DATE: April 16, 2026 Senior Counsel Barry Lindahl is recommending City Council approval of the Second Amendment to Development Agreement between the City of Dubuque and Linseed Lofts, LLC. The Second Amendment to the Development Agreement is clarifying that Linseed Lofts, LLC is now the Developer under the Development Agreement. 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 804 of 901 Dubuque THE CITY OF � ul-A�eriea ciq DuB E ;,,t : , I� � I. Masterpiece on the Mississippi �°'�Z°lz 2013•2017 BARRY A. LINDAHL, ESQ. SENIOR COUNSEL MEMO To: City Manager Michael C. Van Milligen DATE: APRIL ZO, 2026 RE: Second Amendment to Development Agreement By and Between the City of Dubuque, lowa and Linseed Lofts, LLC Attached to this Memorandum is the Second Amendment to Development Agreement between the City of Dubuque and Linseed Lofts, LLC. The City and Wilmac Property Company (Wilmac) entered into a Development Agreement dated March 7, 2013, for the property at 151 East 9t" Street, which Development Agreement was assigned by Wilmac to Betty Building, LLC (Betty) by an Assignment dated October 6, 2014 and further assigned by Betty to Carmac Management, Inc. by an Assignment dated November 2, 2021. All of these transfers were between related entities and were necessary to facilitate the use of tax credits for the project. Carmac is now the Developer. Carmac has completed the project contemplated by the Development Agreement and the property is fully operational. Tax increment financing payments and continuing obligations of the Developer remain under the Development Agreement. Carmac has entered into an agreement to sell the property subject to the Development Agreement to Linseed Lofts, LLC. As a part of that transaction Carmac has agreed to assign its rights and obligations under the Development Agreement to Linseed Lofts, LLC and that entity has agreed to accept all such rights and obligations. The City Council has approved the Assignment to Linseed Lofts, LLC. Linseed Lofts, LLC is requesting City Council approval of the Second Amendment to the Development Agreement clarifying that Linseed Lofts, LLC is now the Developer under the Development Agreement. I request that City Council adopt the attached Resolution approving the Second Amendment. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 33�, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)583-4113/Fax (563)583-1040/EMai� balesq@cityofdubuque.org Page 805 of 901 CC: Crenna Brumwell, City Attorney Jill Connors, Economic Development Director OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 33�, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944 TE�EPHONE (563)583-4113/F,vc (563)583-1040/EMai� tsteckle@cityofdubuque.org Page 806 of 901 RESOLUTION NO. 159-26 APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND LINSEED LOFTS, LLC WHEREAS, the City of Dubuque and Wilmac Property Company (Wilmac) entered into a Development Agreement dated March 7, 2013, for the property at 151 East 9th Street, which Development Agreement was assigned by Wilmac to Betty Building, LLC (Betty) by an Assignment dated October 6, 2014 and further assigned by Betty to Carmac Management, Inc. (Carmac) by an Assignment dated November 2, 2021; and WHEREAS, Carmac is now the Developer and has completed the project contemplated by the Development Agreement and the property is fully operational; and WHEREAS, Carmac has entered into an agreement to sell the property subject to the Development Agreement to Linseed Lofts, LLC; and WHEREAS, as a part of that transaction Carmac has agreed to assign its rights and obligations under the Development Agreement to Linseed Lofts, LLC and that entity has agreed to accept all such rights and obligations; and WHEREAS, Carmac has requested that the City Council approve and consent to the Assignment of the Development Agreement; and WHEREAS, the City Council has approved the Assignment; and WHEREAS, Linseed Lofts, LLC has requested the attached Second Amendment to Development Agreement stating that Linseed Lofts, LLC is now the Developer under the Development Agreement; and WHEREAS, the City Council finds that approving the Second Amendment is in the bests interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Second Amendment is hereby approved. Section 2. The Mayor is authorized and directed to sign the Second Amendment on behalf of the City of Dubuque. Passed, approved and adopted this 20th day of April, 2026. BratIML.Ca danagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk i � � � ; � SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN 3 THE CTTY OF DUBUQU�,IOWAAND LINSEED LOFTS, LLC ` This Second Amendment to Development Agreement, dated for reFerence purposes the � �.��day of April, 2�26, is made and entered into by and between the City of Dubuque,Iowa � ("City"}and Linseed Lofts, LLC ("Developer"}, WHEREAS, City and Wilmac Property Company previously entered into a Development Agreement dated the 7th day of March, 2Q13 (the "DevelopmentAgreement"); and, WHEREAS, Wilmac Property Company, with the consent of City, assigx�ed its rights in and under ihe Development Agreement to Betty Building, LLC by Assignment of Development Agreement dated October 10,2014; and, WHEREAS, City and Betty Building, LLC entered into a First Amendment to the Developmei�t Agreeinent dated October 20, 2014; and, WHEItEAS, Betty Building, LLC, �vith the consent oF City, assigned its rights under the - Development Agreement to Carmac Manageinent, Inc, by Assigninent of Development - Agreement dated Novemher 2,2021; and, - W�IEREAS, Carmac Management, Izic., with consent of City, assigned its rights under the Development Agreement ta Linseed Lofts, LLC by Assignment of Developmexlt Agreen�ent dated March 19, 2026; and, WHER�AS, City and Developer desire to amend the Development Agreement as set forth herein: NOW,THEREFORE,IT IS AGREED BY AND BETWEEN CITY AND DEVELOPER THAT THE DEVELOPMENT AGREEMENT IS AMENDED AS = FOLLOWS: l) Effective April 1, 2026, alI rights and obligatioi�s of Developer pursuant to the � I Development Agreemeni shall be transferred to the Developer{i.e. Linseed Lofts, LLC} ' pursuant to the Assignment from Carmac Management, Inc. dated March 19, 2026. 2) Except as specifzcally provided otherwise herein, in all other respects, the Developrnent Agreement, as amended, is hereby ratified and confirmed by City and Developer and shall continue in full force and ef�'ect. I Page 809 of 901 ; CITY OF DUBUQUE, IOWA LINSEED LOFTS, LLC By: /77/ / Jejry R'Manders, Its Authorized Representative B Brad Cavanaayor ATTEST: Adrienne N. Brcitfcldcr, City Clerk Trish L. Gl eason, Assistant City Clerk