North Cascade Road Developers Pre-Annexation Agreement and Amendment Copyright 2014
City of Dubuque Consent Items # 6.
ITEM TITLE: North Cascade Road Developers Agreement
SUMMARY: City Manager recommending approval of the North Cascade Road
Developers Agreement.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ North Cascade Road Developers Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ North Cascade Road Developers Agreement Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: North Cascade Road Developers Agreement
DATE: April 2, 2015
Assistant City Attorney Crenna Brumwell is recommending approval of the North
Cascade Road Developers Agreement.
The North Cascade Road Housing Urban Renewal Area was established in December
2014 by the City Council to facilitate public improvements, stimulate private
development and create a fund to provide low and moderate income housing
throughout the city.
As part of this process an agreement with North Cascade Road Developers was
negotiated in order to secure the developer's participation and consent. The agreement
provides that a park will be constructed by the City within the Timber Hyrst development
by the end of calendar year 2015 and the developer will be reimbursed for the
installation and dedication of fiber optic conduit, vaults, and appurtenances for future
fiber optic installations and over-detention. The agreement includes a cap on the
expenses.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
Maurice Jones, Economic Development Director
Bob Green, Water Department Manager
Gus Psihoyos, City Engineer
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi I
CRENNA M . BRUMWELL , ESQ.
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen, City Manager
DATE: April 1, 2015
RE: North Cascade Road Developers Agreement
The North Cascade Road Housing Urban Renewal Area was established in December
2014 by the City Council to facilitate public improvements, stimulate private
development and create a fund to provide low and moderate income housing
throughout the city.
As part of this process an agreement with North Cascade Road Developers was
negotiated in order to secure the developer's participation and consent. The agreement
provides that a park will be constructed by the City within the Timber Hyrst development
by the end of calendar year 2015 and the developer will be reimbursed for the
installation and dedication of fiber optic conduit, vaults, and appurtenances for future
fiber optic installations and over-detention. The agreement includes a cap on the
expenses.
I respectfully submit the agreement for review and approval of the City Council. Thank
you.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)589-4381 /FAx (563)583-1040/EMAIL cbrumwel@cityofdubuque.org
Page 1 of 1
Tracey Stecklein - North Cascade Road Developers, LLC
From: Tracey Stecklein
To: Jones, Maurice
Date: 5/15/2015 4:00 PM
Subject: North Cascade Road Developers, LLC
CC: Brumwell, Crenna; Connors, Jill; Drake, Flint; Gleason, Trish; Griff...
Attachments: Agreement_Timber Hyrst_North Cascade Road Developers_Recorded051215.pdf
Maurice, attached for your file is a recorded copy of the Timber Hyrst - North Cascade Road Developers
Agreement dated April 1, 2015. We will be delivering the original recorded copy to the City Clerk's Office on
Monday. As an fyi, this Agreement also includes original Exhibit D - Amendment to Pre -Annexation Agreement,
which was executed on April 2, 2015.
Thank you.
Tracey SteckLeiw
City Attorney's Office
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
Phone: 563.583.4113
Fax: 563.583.1040
file:///C:/Users/tsteckle/AppData/Local/Temp/XPgrpwise/55561814DBQ_DODBQ_PO 10... 5/15/2015
111111 110 i ilii 111 111 JI i lIllll 11 ilii ilii
Doc ID: 008235490042 Type GEN
Kind: AGREEMENT
Recorded: 05/12/2015 at 02:44:14 PM
Fee Amt: $212.00 Page 1 of 42
Dubuque County Iowa
John Murphy Recorder
File2015-00005693
RECORDER'S COVER SHEET
Agreement and Amendment to Pre -Annexation Agreement
Preparer Information:
Crenna Brumwell, City Attorney's Office, 300 Main St., Suite 330, Dubuque, IA 52001
(563) 589-4113
Taxpayer Information:
North Cascade Developers, 5070 Wolff Road, Dubuque, IA 52002
Return Document To:
Kevin Firnstahl, City of Dubuque City Clerk, 50 West 13th Street, Dubuque, IA 52001
Legal Description:
(See agreement)
Grantors: Grantees:
North Cascade Road Developers, LLC The City of Dubuque, Iowa
Attachments:
Agreement, April 1, 2015
Amendment to 2006 Pre -Annexation Agreement
212°°
(
City Clerk_
AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
NORTH CASCADE ROAD DEVELOPERS, L.L.C.
This Agreement, dated for reference purposes the � day of Xp&e. l ,
2015, by and between 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 (Urban Renewal Act), and North Cascade Road Developers,
L.L.C., an Iowa limited liability company with its principal place of business in
Dubuque, Iowa (Developer).
WITNESSETH:
WHEREAS, in furtherance of the objectives of the Urban Renewal Act, City
has undertaken an urban renewal project (the Project) to advance the community's
ongoing economic development efforts; and
WHEREAS, the Project is located within the North Cascade Road Housing
Urban Renewal Area Economic Development District (the Project Area); and
WHEREAS, as of the date of this Agreement an Urban Renewal Plan for the
Project Area consisting of the Urban Renewal Plan for the North Cascade Road
Housing Urban Renewal Area Economic Development District, was approved by
the City Council of City on December 1, 2014, (the Urban Renewal Plan); and
WHEREAS, a copy of the Urban Renewal Plan, as constituted on the date of
this Agreement, attached hereto as Exhibit A, on file with the Clerk for the City of
Dubuque; and
WHEREAS, the Developer plans a development of single-family homes in
the area owned by Developer, legally described as:
LOTS 1 THRU 12 INCLUSIVE, AND LOTS 15 THRU 30 INCLUSIVE, AND
LOTS B, C, AND E, IN TIMBER-HYRST ESTATES, AND;
LOT 2 TIMBER-HYRST PLACE #2, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA.
LOTS 2 THRU 25 INCLUSIVE, AND LOTS 45 THRU 50 INCLUSIVE, IN
TIMBER-HYRST ESTATES NO. 2, AND;
LOT 1 TIMBER-HYRST PLACE #2, AND;
LOT 1 TENTINGER PLACE, AND;
LOT 2 TENTINGER PLACE, AND;
LOT 2 NINE H HIDDEN ACRES, AND;
LOT 41 TIMBER-HYRST ESTATES #2, AND;
LOT 2 DOUBLE H HIDDEN ACRES PLAT 2, AND;
LOT 2 OF NINE H HIDDEN ACRES PLAT 2, AND;
LOT 2 NINE H HIDDEN ACRES PLAT 6, AND;
LOT 2 NINE H HIDDEN ACRES PLAT 5, AND;
LOT 2 NINE H HIDDEN ACRES PLAT 4, AND;
LOT 35 TIMBER-HYRST ESTATES #2, AND;
LOT 34 TIMBER-HYRST ESTATES #2, AND;
LOT 33 TIMBER-HYRST ESTATES #2, AND;
LOT 2 TIMBER-HYRST PLACE, AND;
LOT 1 TIMBER-HYRST PLACE, AND;
LOT 29 TIMBER-HYRST ESTATES #2, AND;
LOT 2 NINE H HIDDEN ACRES PLAT#3, AND;
LOT 1 TIMBER-HYRST PLACE #3, AND;
LOT C TIMBER-HYRST ESTATES #2, AND;
LOT 1 OF THE NE '/ OF THE SW '/, SECTION 2, T88N, R2E, AND;
LOT 3 OF KNEPPER ADDITION, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA.
LOTS 1 THRU 24 INCLUSIVE, AND LOTS 32 THRU 34 INCLUSIVE, IN
TIMBER-HYRST ESTATES NO. 3, AND;
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LOT 1 TIMBER-HYRST PLACE #6, AND;
LOT 2 TIMBER-HYRST PLACE #6, AND;
LOT 1 TIMBER-HYRST PLACE #4, AND;
LOT 1 TIMBER-HYRST PLACE #5, AND;
LOT 2 TIMBER-HYRST PLACE #5, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA.
ALL OF TIMBER-HYRST ESTATES NO. 4 SUBDIVISION, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA.
(the "Development Property") located within the foregoing Urban Renewal Area, and
thereafter to cause the same to be operated in accordance with this Agreement;
and
WHEREAS, the Developer is willing to cause certain infrastructure
impr ovemei is to be constructed on and within the Development Property; and
WHEREAS, the City intends to assist the project through grants toward
infrastructure improvements; and
WHEREAS, Developer has a prior agreement with the City, attached as
Exhibit B and as amended, attached as Exhibit C, wherein the City committed to
design improvements to the two curves between the bridge on North Cascade Road
and Edval Lane so that Developer may develop the Development Property, located
in the Project Area for the construction of residential homes with appurtenant uses
which City has determined and represented to Developer is in accordance with the
uses specified in the Urban Renewal Plan and in accordance with this Agreement;
and
WHEREAS, City believes that the development of the Development Property
pursuant to this Agreement, and the fulfillment generally of this Agreement, are in
the vital and best interests of City and in accord with the public purposes and
provisions of the applicable federal, state and local laws and the requirements
under which the Project has been undertaken and is being assisted.
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NOW THEREFORE, in consideration of the promises and the mutual
obligations of the parties hereto, each of them does hereby covenant and agree
with the other as follows:
SECTION 1. LEGAL DESCRIPTION OF PROJECT AREA
LOTS 1 THRU 12 INCLUSIVE, AND LOTS 15 THRU 30 INCLUSIVE, AND
LOTS B, C, AND E, IN TIMBER-HYRST ESTATES, AND;
LOT 2 TIMBER-HYRST PLACE #2, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA.
LOTS 2 THRU 25 INCLUSIVE, AND LOTS 45 THRU 50 INCLUSIVE, IN
TIMBER-HYRST ESTATES NO. 2, AND;
LOT 1 TIMBER-HYRST PLACE #2, AND;
LOT 1 TENTINGER PLACE, AND;
LOT 2 TENTINGER PLACE, AND;
LOT 2 NINE H HIDDEN ACRES, AND;
LOT 41 TIMBER-HYRST ESTATES #2, AND;
LOT 2 DOUBLE H HIDDEN ACRES PLAT 2, AND;
LOT 2 OF NINE H HIDDEN ACRES PLAT 2, AND;
LOT 2 NINE H HIDDEN ACRES PLAT 6, AND;
LOT 2 NINE H HIDDEN ACRES PLAT 5, AND;
LOT 2 NINE H HIDDEN ACRES PLAT 4, AND;
LOT 35 TIMBER-HYRST ESTATES #2, AND;
LOT 34 TIMBER-HYRST ESTATES #2, AND;
LOT 33 TIMBER-HYRST ESTATES #2, AND;
LOT 2 TIMBER-HYRST PLACE, AND;
LOT 1 TIMBER-HYRST PLACE, AND;
LOT 29 TIMBER-HYRST ESTATES #2, AND;
LOT 2 NINE H HIDDEN ACRES PLAT#3, AND;
LOT 1 TIMBER-HYRST PLACE #3, AND;
LOT C TIMBER-HYRST ESTATES #2, AND;
LOT 1 OF THE NE '/ OF THE SW '/, SECTION 2, T88N, R2E, AND;
LOT 3 OF KNEPPER ADDITION, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA.
LOTS 1 THRU 24 INCLUSIVE, AND LOTS 32 THRU 34 INCLUSIVE, IN
TIMBER-HYRST ESTATES NO. 3, AND;
LOT 1 TIMBER-HYRST PLACE #6, AND;
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LOT 2 TIMBER-HYRST PLACE #6, AND;
LOT 1 TIMBER-HYRST PLACE #4, AND;
LOT 1 TIMBER-HYRST PLACE #5, AND;
LOT 2 TIMBER-HYRST PLACE #5, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA.
ALL OF TIMBER-HYRST ESTATES NO. 4 SUBDIVISION, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA.
PARTS OF SECTION 34 IN TOWNSHIP 89 NORTH RANGE 2 EAST OF
THE 5TH P.M., AND PARTS OF SECTIONS 3 AND 4 IN TOWNSHIP 88
NORTH RANGE 2 EAST OF THE 5TH P.M., IN DUBUQUE COUNTY,
IOWA, BEING A STRIP OF LAND 250 FEET IN WIDTH WHOSE
CENTERLINE IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT OF
WAY LINE OF CEDAR CROSS ROAD AND THE EASTERLY EXTENSION
OF THE CENTERLINE OF NORTH CASCADE ROAD, THENCE
SOUTHWESTERLY ALONG SAID EASTERLY EXTENSION AND THE
CENTERLINE OF NORTH CASCADE ROAD APPROXIMATELY 9,220
FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION
4, TOWNSHIP 88 NORTH RANGE 2 EAST OF THE 5TH P.M. AND THE
POINT OF TERMINATION.
EXCEPTING THEREFROM ANY PORTION OF TIMBER-HYRST ESTATES
NO. 4 SUBDIVISION.
SECTION 2. DEVELOPMENT ACTIVITIES
2.1 Required Improvements. City acknowledges that Developer is developing a
residential development on the Development Property as shown on the Plats
attached hereto as Exhibit D. Developer agrees as follows:
a. To consent to the inclusion of Developer's property in the North
Cascade Road Housing Urban Renewal Area
b. To install and dedicate fiber optic conduit, vaults, and appurtances as
part of the infrastructure for Timber Hyrst Estates No. 4 with an
estimated cost of one-hundred eleven thousand dollars ($111,111)
C. To construct and dedicate over detention as approved by the City with
a cost not to exceed fifty-thousand dollars ($50,000)
2.2 Plans for Construction of Improvements. Plans and specifications with
respect to the Development Property and the construction of Improvements thereon
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(the Construction Plans) shall be in conformity with the Urban Renewal Plan, this
Agreement, and all applicable state and local laws and regulations, including but not
limited to any covenants, conditions, restrictions, reservations, easements, liens and
charges, applicable to the Development Property, in the records of Dubuque
County, Iowa. Developer shall submit to City, for approval by City, plans, drawings,
specifications, and related documents with respect to the improvements to be
constructed by Developer on the Development Property. All work with respect to
the Improvements shall be in substantial conformity with the Construction Plans
approved by City.
2.3 Timing of Improvements. Developer hereby agrees that construction of
Improvements on the Development Property shall be commenced in two (2)
phases. Improvements for the eighty (80) lots currently being developed will be
completed by July 1, 2016. The improvements for the remaining twenty0six (26)
lots will be completed at the time those lots are developed. The time frames for the
performance of these obligations shall be suspended due to unavoidable delays,
meaning delays, outside the control of the party claiming its occurrence in good
faith, which are the direct result of strikes, other labor troubles, unusual shortages of
materials or labor, unusually severe or prolonged bad weather, acts of God, fire or
other casualty to the Improvements, litigation commenced by third parties which,
by injunction or other similar judicial action or by the exercise of reasonable
discretion directly results in delays, or acts of any federal, state or local government
which directly result in delays. The time for performance of such obligations shall
be extended only for the period of such delay.
SECTION 3. CITY PARTICIPATION
3.1 Creek Wood Park Construction. City will construct Creek Wood Park by the
end of calendar year 2015.
3.2 Economic Development Grant.
(1) For and in consideration of Developer's obligations hereunder, and in
furtherance of the goals and objectives of the urban renewal plan for
the Project Area and the Urban Renewal Law, City agrees, subject to
Developer being and remaining in compliance with the terms of this
Agreement, to reimburse Developer for the actual cost of development
activities as follows:
a. Over Detention: Estimated at $50,000
b. Fiber Optic Installation: Estimated at$111 ,111
C. Escrow fund*: Not to exceed $40,300
* To cover actual costs of over-detention and fiber optic installation
in the event of costs in excess of the estimates.
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(2) Grants, not to exceed a total of $201,411 during the term of the
agreement, for development activities will be made as follows:
City shall certify to the County prior to December 1 of each
year, commencing December 1, 2014, its request for the
available Developer Tax Increments resulting from the
assessments imposed by the County as of January 1 of that
year, to be collected by City as taxes are paid during the
following fiscal year and which shall thereafter be disbursed to
Developer on November 1 and May 1 of that fiscal year.
November 1, 2015: 25% of the remaining yearly
increment after the deduction of the 38.1% set-aside per Iowa
Code §403.22 for low or moderate income families including
single person households, earning no more than eighty percent
of the higher of the median family income of the county or the
statewide nonmetropolitan area as determined by the latest
United States Department of Housing and Urban Development,
Section 8 income guidelines (LMI Housing Assistance).
May 1, 2016:25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside
November 1, 2016: 25% of the remaining yearly increment
after the deduction of the LMI Housing Assistance set-aside
May 1, 2017: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside
November1, 2017: 25% of the remaining yearly increment
after the deduction of the LMI Housing Assistance set-aside
May 1, 2018: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside
November1, 2018: 25% of the remaining yearly increment
after the deduction of the LMI Housing Assistance set-aside
May 1, 2019: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside
November1, 2019: 25% of the remaining yearly increment
after the deduction of the LMI Housing Assistance set-aside
May 1, 2020: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside
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November 1, 2020: 25% of the remaining yearly increment
after the deduction of the LMI Housing Assistance set-aside
May 1, 2021: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside
November1, 2021: 25% of the remaining yearly increment
after the deduction of the LMI Housing Assistance set-aside
May 1, 2022: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside
November1, 2022: 25% of the remaining yearly increment
after the deduction of the LMI Housing Assistance set-aside
May 1, 2023: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside
November1, 2023: 25% of the remaining yearly increment
after the deduction of the LMI Housing Assistance set-aside
May 1, 2024: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside
November1, 2024: 25% of the remaining yearly increment
after the deduction of the LMI Housing Assistance set-aside
May 1, 2025: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside
November1, 2025: 25% of the remaining yearly increment
after the deduction of the LMI Housing Assistance set-aside
The foregoing grants will be made pursuant to Iowa Code
Section 403.9 and 403.22 of the Urban Renewal Law in
amounts equal to the actual amount of tax increment revenues
collected by City under Iowa Code Section 403.19 (without
regard to any averaging that may otherwise be utilized under
Iowa'Code Section 403.19 and excluding any interest that may
accrue thereon prior to payment to Developer) during the
preceding six-month period in. respect of the Development
Property and Improvements constructed by Developer (the
Developer Tax Increments). For purposes of calculating the
amount of the Economic Development Grants provided in this
Section, the Developer Tax Increments shall be only those tax
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increment revenues collected by City in respect of the increase
in the assessed value of the Development Property above the
assessment of January 1, 2013, which the parties agree was
$11,185,077 as of that date for the tax parcel (the Baseline
Valuation). The Developer Tax Increments shall not include (i)
any property taxes collected for the payment of bonds and
interest of each taxing district, (ii) any taxes for the regular and
voter-approved physical plant and equipment levy and
instructional support levy, (iii) any tax increment revenues
collected by City in respect of the Baseline Valuation of the
Development Property during the term of this Agreement and
(iv) any other portion required to be excluded by Iowa law, and
thus such incremental taxes will not include all amounts paid by
Developer as regular property taxes
(3) To fund the LMI Housing Assistance, City public improvements and
Developer's Development Activities, City shall certify to the County
prior to December 1 of each year, commencing December 1, 2014, its
request for the available Developer Tax Increments resulting from the
assessments imposed by the County as of January 1 of that year, to
be collected by City as taxes are paid during the following fiscal year,
and which shall thereafter be disbursed to Developer on November 1
and May 1 of that fiscal year. (Example: if City so certifies by
December 2014, the Economic Development Grants in respect thereof
would be paid to Developer on November 1, 2015, and May 1, 2018.)
(4) The Economic Development Grants shall be payable from and
secured solely and only by the Developer Tax Increments paid to City
that, upon receipt, shall be deposited and held in a special account
created for such purpose and designated as the "NCRD TIF Account"
of City. City hereby covenants and agrees to maintain its TIF
ordinance in force during the term and to apply the incremental taxes
collected in respect of the Development Property and Improvements
and allocated to the NCRD TIF Account to pay the Economic
Development Grants, as and to the extent set forth in Section 3.2(1)
hereof. The Economic Development Grants shall not be payable in
any manner by other tax increments revenues or by general taxation
or from any other City funds. City makes no representation with
respect to the amounts that may be paid to Developer as the
Economic Development Grants in any one year and under no
circumstances shall City in any manner be liable to Developer so long
as City timely applies the Developer Tax Increments actually collected
and held in the NCRD TIF Account (regardless of the amounts
thereof) to the payment of the Economic Development Grants to
Developer as and to the extent described in this Section.
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(5) City shall be free to use any and all tax increment revenues collected
in respect of other properties within the Project Area, or any available
Developer Tax Increments resulting from the termination of the annual
Economic Development Grants under Section 3.2 hereof, for any
purpose for which such tax increment revenues may lawfully be used
pursuant to the provisions of the Urban Renewal Law, and City shall
have no obligations to Developer with respect to the use thereof.
SECTION 4. COVENANTS OF DEVELOPER
4.1 Books and Records. During the term of this Agreement, Developer shall
keep at all times proper books of record and account in which full, true and correct
entries will be made of all dealings and transactions of or in relation to the business
and affairs of Developer in accordance with generally accepted accounting
principles consistently applied throughout the period involved, and Developer shall
provide reasonable protection against loss or damage to such books of record and
account.
4.2 No Other Exemptions. During the term of this Agreement, Developer agrees
not to apply for any state or local property tax exemptions which are available with
respect to the Development Property or the Improvements located thereon that may
now be, or hereafter become, available under state law or city ordinance during the
term of this Agreement, including those that arise under Iowa Code Chapters 404
and 427, as amended.
4.3 Preservation of Development Property. During the term of this Agreement,
Developer shall maintain, preserve and keep, or cause others to maintain, preserve
and keep, the Improvements in good repair and working order, ordinary wear and
tear excepted, and from time to time shall make all necessary repairs,
replacements, renewals and additions. Nothing in this Agreement, however, shall
be deemed to alter any agreements between Developer or any other party
including, without limitation, any agreements between the parties regarding the care
and maintenance of the Development Property.
4.4 Non-Discrimination. In carrying out the project, Developer shall not
discriminate against any employee or applicant for employment because of race,
religion, color, sex, sexual orientation, gender identity, national origin, age or
disability.
4.5 Conflict of Interest. Developer agrees that no member, officer or employee
of City, or its designees or agents, nor any consultant or member of the governing
body of City, and no other public official of City who exercises or has exercised any
functions or responsibilities with respect to the project during his or her tenure, or
who is in a position to participate in a decision-making process or gain insider
information with regard to the project, shall have any interest, direct or indirect, in
10
any contract or subcontract, or the proceeds thereof, for work to be performed in
connection with the project, or in any activity, or benefit therefrom, which is part of
this project at any time during or after such person's tenure. In connection with this
obligation, Developer shall have the right to rely upon the representations of any
party with whom it does business and shall not be obligated to perform any further
examination into such party's background.
4.6 Non-Transferability. Until such time as the Improvements are complete this
Agreement may not be assigned by Developer nor may the Development Property
be transferred by Developer to another party without the prior written consent of
City, which shall not be unreasonably withheld. Thereafter, Developer shall have
the right to assign this Agreement and upon assumption of the Agreement by the
assignee, Developer shall no longer be responsible for its obligations under this
Agreement.
4.7 Restrictions on Use. Developer agrees for itself, and its successors and
assigns, and every successor in interest to the Development Property or any part
thereof that they, and their respective successors and assigns, shall:
(1) Devote the Development Property to, and only to and in accordance
with, the uses specified in the Urban Renewal Plan (and City represents and
agrees that use of the Development Property as a residential development is
in full compliance with the Urban Renewal Plan) (however, Developer shall
not have any liability to City to the extent that a successor in interest shall
breach this covenant and City shall seek enforcement of this covenant
directly against the party in breach of same); and
(2) Not discriminate upon the basis of race, religion, color, sex, sexual
orientation, gender identity, national origin, age or disability in the sale, lease,
rental, use or occupancy of the Development Property or any improvements
erected or to be erected thereon, or any part thereof (however, Developer
shall not have any liability to City to the extent that a successor in interest
shall breach this covenant and City shall seek enforcement of this covenant
directly against the party in breach of same).
4.8 Release and Indemnification Covenants.
(1) Developer releases City and the governing body members, officers,
agents, servants and employees thereof (hereinafter, for purposes of this
Section, the Indemnified Parties) from, covenants and agrees that the
Indemnified Parties shall not be liable for, and agree to indemnify, defend
and hold harmless the Indemnified Parties against, any loss or damage to
property or any injury to or death of any person occurring at or about or
resulting from any defect in the Improvements.
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(2) Except for any gross negligence, willful misrepresentation or any
willful or wanton misconduct or any unlawful act of the Indemnified Parties,
Developer agrees to protect and defend the Indemnified Parties, now or
forever, and further agrees to hold the Indemnified Parties harmless, from
any claim, demand, suit, action or other proceedings whatsoever by any
person or entity whatsoever arising or purportedly arising from (1) any
violation of any agreement or condition of this Agreement (except with
respect to any suit, action, demand or other proceeding brought by
Developer against City based on an alleged breach of any representation,
warranty or covenant of City under this Agreement and/or to enforce its rights
under this Agreement); or (2) the acquisition, construction, installation,
ownership, and operation of the Improvements; or (3) the condition of the
Development Property and any hazardous substance or environmental
contamination located in or on the Development Property, caused and
occurring after Developer takes possession of the Development Property.
(3) The Indemnified Parties shall not be liable to Developer for any
damage or injury to the persons or property of Developer or its officers,
agents, servants or employees or any other person who may be on, in or
about the Improvements due to any act of negligence of any person, other
than any act of negligence on the part of any such Indemnified Party or its
officers, agents, servants or employees.
(4) All covenants, stipulations, promises, agreements and obligations of
City contained herein shall be deemed to be the covenants, stipulations,
promises, agreements and obligations of City, and not of any governing body
member, officer, agent, servant or employee of City in their individual
capacity thereof.
(5) The provisions of this Section shall survive the termination of this
Agreement.
4.9 Compliance with Laws. Developer shall comply with all laws, rules and
regulations relating to its businesses, other than laws, rules and regulations for
which the failure to comply with or the sanctions and penalties resulting therefrom,
would not have a material adverse effect on the business, property, operations,
financial or otherwise, of Developer.
SECTION 5. EVENTS OF DEFAULT AND REMEDIES
5.1 Events of Default Defined. The following shall be Events of Default under this
Agreement and the term Event of Default shall mean, whenever it is used in this
Agreement, any one or more of the following events:
(1) Failure by Developer to pay or cause to be paid, before delinquency,
all real property taxes assessed with respect to the Improvements and the
12
i
Development Property. After the issuance of the Certificate of Completion,
however, such event shall not entitle City to the remedy provided in Section
5.2.
(2) Failure by Developer to cause the construction of the Improvements
to be commenced and completed pursuant to the terms, conditions and
limitations of this Agreement.
(3) Failure by Developer or City to substantially observe or perform any
other material covenant, condition, obligation or agreement on its part to be
observed or performed under this Agreement.
5.2 Remedies on Default by Developer. Whenever any Event of Default referred
to in Section 5.1 of this Agreement occurs and is continuing, City, as specified
below, may take any one or more of the following actions after the giving of written
notice by City to Developer (and the holder of any mortgage encumbering any
interest in the Development Property of which City has been notified of in writing) of
the Event of Default, but only if the Event of Default has not been cured within sixty
(60) days following such notice, or if the Event of Default cannot be cured within
sixty (60) days and Developer does not provide assurances to City that the Event of
Default will be cured as soon as reasonably possible thereafter:
(1) City may suspend its performance under this Agreement until it
receives assurances from the defaulting party, deemed adequate by City,
that the defaulting party will cure its default and continue iue its performance
lce
under this Agreement;
(2) City may take any action, including legal, equitable or administrative
action, which may appear necessary or desirable to collect any payments
due under this Agreement or to enforce performance and observance of any
obligation, agreement, or covenant under this Agreement.
5.3 No Remedy Exclusive. Except as otherwise provided in this Agreement, no
remedy herein conferred upon or reserved to City is intended to be exclusive of any
other available remedy or remedies, but each and every such remedy shall be
cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or
omission to exercise any right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but any such right
and power may be exercised from time to time and as often as may be deemed
expedient.
5.4 No Implied Waiver. In the event any agreement contained in this Agreement
should be breached by any party and thereafter waived by any other party, such
waiver shall be limited to the particular breach so waived and shall not be deemed
to waive any other concurrent, previous or subsequent breach hereunder.
13
5.5 Agreement to Pay Attorneys' Fees and Expenses. If any action at law or in
equity, including an action for declaratory relief or arbitration, is brought to enforce
or interpret the provisions of this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs of litigation from the other party. Such
fees and costs of litigation may be set by the court in the trial of such action or by
the arbitrator, as the case may be, or may be enforced in a separate action brought
for that purpose. Such fees and costs of litigation shall be in addition to any other
relief that may be awarded.
5.6 Remedies on Default by City. If City defaults in the performance of this
Agreement, Developer may take any action, including legal, equitable or
administrative action that may appear necessary or desirable to collect any
payments due under this Agreement, to recover expenses of Developer, or to
enforce performance and observance of any obligation, agreement, or covenant of
City under this Agreement. Developer may suspend their performance under this
Agreement until they receive assurances from City, deemed adequate by
Developer, that City will cure its default and continue its performance under this
Agreement.
SECTION 6. GENERAL TERMS AND PROVISIONS
6.1 Notices and Demands. Whenever this Agreement requires or permits any
notice or written request by one party to another, it shall be deemed to have been
properly given if and when delivered in person or three (3) business days after
having been deposited in any U.S. Postal Service and sent by registered or certified
mail, postage prepaid, addressed as follows:
If to Developer: North Cascade Road Developers, L.L.C.
Attn: Martin McNamer
5070 Wolff Road
Dubuque, IA 52002
With copy to: Drake Law Firm
Attn: Flint Drake
300 Main Street, Suite 323
Dubuque, [A 52001
If to City: City of Dubuque
Attn: City Manager
50 W. 13th Street
Dubuque, Iowa 52001
With copy to: City Attorney's Office
300 Main Street, Suite 330
Dubuque, IA 52001
14
Or at such other address with respect to any party as that party may, from time to
time designate in writing and forward to the other as provided in this Section.
6.2 Binding Effect. This Agreement shall be binding upon and shall inure to the
benefit of City and Developer and their respective successors and assigns.
6.3 Termination Date. This Agreement and the rights and obligations of the
parties hereunder shall terminate on May 1, 2027 (the Termination Date) pursuant
to Iowa Code §403.22.
6.4 Execution by Facsimile or Email. The parties agree that this Agreement may be
transmitted among them by facsimile machine or email. The parties intend that the
faxed or scanned signatures constitute original signatures and that a faxed or
scanned Agreement containing the signatures (original, faxed, or scanned) of all the
parties is binding on the parties.
CITY OF DUBUQUE, IOWA
By:
By:
NORTH CASCADE ROAD
DEVELOPERS, L.L.C.
Kevin S. Firnstahl, ris eason
City Clerk Assistant City Clerk
15
rtin McNamer, Member
NOTARY STATEMENT
Amendment to Pre -Annexation Agreement
City of Dubuque and North Cascade Road Developers, LLC
State of Iowa )
ss:
County of Dubuque )
On this 2nd day of April, 2015, before me, a Notary public in and for said state,
personally appeared Roy D. Buol known to me to be the person(s) named in and who
executed the foregoing instrument, and acknowledged that they executed the same as
their voluntary act and deed.
KEVIN S. FIRNSTANI.
COMMISSION NO.745295
MY C M 1S$10,N EXPIRES
Notary(Public in the`Sta
My Commission expires
of Iowa
State of Iowa )
) ss:
County of Dubuque )
On this ( day of A0 _, f , 201 before me, a Notary public in and
for said state, personally appeared Martin McNamer known to me to be the person(s)
named in and who executed the foregoing instrument, and acknowledged that they
executed the same as their voluntary act and deed.
D FLINT DRAKE
Notary pudic, State of Iowa
Coinrnis;7on No. 761463
My Commission Expires
Ju1Y 22, 2015
Notary Public in the State of Iowa
My Commission expires '7,77 ',S'
NOTARY STATEMENT
Agreement
City of Dubuque and North Cascade Road Developers, LLC
State of Iowa
County of Dubuque
On this ( day of
) ss:
k, before me, a Notary public in and
for said state, personally appeared Martin McNamer known to me to be the person(s)
named in and who executed the foregoing instrument, and acknowledged that they
executed the same as their voluntary act and deed.
m\Nf
D. FLINT DRAKE
Notary Public, State of Iowa
Commission No. 161463
My Commission Expires
July 22, 2015
�
Notary Public in the State of Iowa
My Commission expires Fret )2,2riS'
LIST OF EXHIBITS
Exhibit A Urban Renewal Plan, on file with the City Clerk
Exhibit B Timber Hyrst Plats
Exhibit C Pre-annexation agreement
Exhibit D Amendment to Pre-annexation Agreement
I
16
EXHIBIT A
URBAN RENEWAL PLAN
On file at the Office of the City Clerk, City Hall, 50 West 13th Street, Dubuque, Iowa
17
EXHIBIT B
TIMBER HYRST PLATS
18
PREPMED 6W DW ENG-5 K WRVVY 5 P.C. 4165 P[MMVAl11A AVC 04611WE.IOWA. 561666.1464
FINAL PLAT
TIMBER-HYRST ESTATES IN THE CITY OF DUBUQUE, IOWA
DESCRIPTION: BLOCK 2, DOMINIC PLACE, LOT 1 AND LOT 2 OF MINERAL LOT 497,
LOT.2-2-4 OF MINERAL LOT 501 AND LOT 2 OF SUTTON PLACE
ALL IN THE CITY'OF DUBUQUE, IOWA
c _
i'
SEE SHEET 3-7
'SEE SHEET 6-7
.—,-�_—.� �. N• \„ _ �•SHEET 5-7
SEE SHEET 4-7r`f' /•
�f
"�• SEE SHEET 2-7
1 !
••••^-�•-PLAT BOUNDARY '
■.
FOUND 5/6'1140,AS N07E
PLA.ti11C CAPNO.A6:NOlED
• FOUND 1'NON PIPE UNLESS NOTED IMORTH
Ct. SET s8'NOX RCO tir//
PLAsn/c cnP Na 12e71 GRAPHIC SCALE
PUE PUBLIC UTILITY EASEIMIT -0 400 .BOD
C. Y. RECORD INFORMATION.
RAW. RICHT-CF-WAY
£. .CENTER LINE
H4IE DRAWNO MAY HAVE BEEN REDUCED
THIS SURVEY IS'SUBJECT TO EASEI&NITS,
RESERVATIONS,RESTRICTIONS AND RIGHTS-CF-WAY
OP RECORD AND.NOT OF RECORD. TOTAL.AREA SURVEYED:;63.884 ACRES
SURVEYED FOR! NORTH CASCADE ROAD DEVELOPERS,LLD
PROPRIETOR: NORTH CASCADE ROAD DEVELOPERS;ULC- DATE OF SURVEY: FEBRUARY 2006
&t6y.* � wasPREPuu
u ® tV ENGINEERS
o I� l—VATrIAW Mt*40 wr SURVEYORS;-s' P.c
&
SumtTal LNDOt arc uws U•p� >+� A 7.... tmAaw.191.sens4,
JOHN M U•Y `¢r�. `�1a 1165 p maN`�la Arm 1 u1—.a 32601
TRANMER = FOR tYI GObCL6 `1m� �t� Seaal6:z�°nT
�q Pkv:." C: ,
-?LS 12631- +D.g` 0�pcd Ss"" * g ORA15N SAF
..Mo.
NO.4S-IA-06
�.R,n
, a F �'�� CIIf.CKEtl JMT PROD:NO.OSOB6-0U
'.v
'o Ca•.„m�"yJ�9 tx6rd 11a Vol T umlrt Rdw:wK SAtE 6 lxryt/ltg6 DATF. 03-17-06SHEET 1 Of 7
hlrylME A�iH IN""`-
PacEs cR.Aads Cmm[o Or TR6![u Pr\05\06N\O60-b5\0$006-OJ\DWG\05066-OBF'
19
PR "'T'
11 M. V 41 V
FINAL PLAT: TIM6ER HYRST ESTATES IN THE CITY OF DUBUQUE, IOWA
MATCH LINE SEE SHEET 3 OF 7
0.884 AC. N hryo'' ~� LOT 8
0.976 AC. Dry.
�,g Ip „^� yo• y ^ sus@, yt�
LOT 17 LOT 9
0.708 AC. S 0.817 AC.. ry6y
r'N
a LOT 16e°j,may LOT 10 y
0.665 AC, h°o' 0.728 AC, o .w
`39'S?. �°�/tel°.oma/�b ?Q g�•w ^�hj hb Soh y&
tpry
LOT is y".•^ LOT 11 A`' �=
y 0.517 AC a� 0 0.824 AC. LOT z9 a
e, y .
z Ry+S°iy6s ° 10
Irt'� 'lylloe q 20PLE ' m
S �, ,^�°,y�• .o �� \� S58'16'00'E c"�/ N•y .
E L G�, ,• �Q4r �,y6 7�, •. 52.93' "ll/
L07 74
pG �+
0.557 AC. o/ '
S1941'22`V!
LOT 12 a h s7,09' 631
0.869 AC.
20'PUE 3
S31•44'00"Wzi
arA a,(h y� j ��•.86.07` y vi of
x 131"
ct 'P.��. •. py EXrS7(NG /
�61RANSAl1 1Q0 %7CE y._
�ro ..,.1`239 AC.OT 13d. _� , .,
EA IS �N -INC—f -�..�., � �'°
N p6 1
LOT
E 2 AOC.. WAY 'b 06.
SANITgR.r/ `''•-.�..
LOT E343.07•
0
`a ayP^b• 4.633 AC. y.
31
2.63' (NON78UILDABLE) t
N 23.74_5 872!- t
'^ :.-•33.11` 30:00'
38.00' S 87 2'49"W'
826148'
.6i RAL LOT 460 ,f
SEWER LATERAL
.23,7; EASEMENT
NORTH 11''�
16.4' ,y6 / IIWIINGIN86RSS
GRAPHIC SCALE ®SURVBYOR.4,P.C.
0 100 200 27.4' 1— TO.—
I '■ ''�� i1e4P a„.wY. Wb�apalA 320e2
Naa,l G w VA
(IN FEET) DRAWN SAF PLAT NO.45-1A-08
DRAWNG MAY HAVE BEEN REDUCED CHECKED,JAIT PROD.N0:05066-OG
DETAIL: NO SCALE DATE 0317-06 SHEET 2 of 7
P:\05\066\065-
20
4r•M[S M15 O a
FINAL PLAT: UMBER—HYRV ESTATES IN TH tff OF DUBUQUE, IOWA
LOT 2-2 k LOT 2-1-1-2.[LL 499 BLOCK 1,D111111111',PLACE
S 82'30'471 E N.83'11'24"E
/ y LOT O
1.792 AC.
(NON-BUILDABLE)
x-! Qo��>� p525 •r
PT OP LOT t B1 HfNSCHEL-FI.NAIA 'PLACE.
PLAT NO:2(OTHER LOCATED IN COUNTY) /48.04 Off'
'6 vno ll�a s' LOT 24 \
SSSS IAEi'1S. �hgb WSJ 1.006 AC.
6`1''10 NSA LOT 3 SRJ n
DETAIL, NO SCALE • gg666 \ - �w �0.'�Nn •�1a-
i�84 AC. ,�,?•yy ..^ w
:3
91 \a�
n LOT 21 v
t \ 3
1.420.AC.
•(�_ rr SANITARY
WEREASEME
SENT o
515.42.22"E
e \ \�?4 0.p •��'�..'Y9a. 0
' `p •gip'
254.99'
�Za �• LOT 20
5g' N 1' 2.328 AC. ,o lyy� 564- p�/0/. y •cG� \'
y m sJ§ `
LOT 5
• d 30.. gi 1.033 AC:
YrC/T� cry ryN N,
LOT 19
1,362 AC. LOT 6
d�o'� 1'O. 0.887 AC. a.� g•1'
y"'�4`�~Cj 'p`.1?^ ti °i*aLOT 7. \0 pZP �y16r�
,0��i' -0.768 AC.
LOT i8 ry° rya �s�m a
0.884 AC. LOT 8
0.976 AC. �OyS� LOT 29 ��gg
b; S
LOT 17y s. a
H 0.706 AC. N 0 817 AC, oh LOT
LOT 497
S• N
MATCH UNE SEE SHEET 2 OF 7 ®11W ENO 1NF.BRS&
SURVEYORS.P.C:
GRAPHIC SCALE To.o. 111—1n.5i,-
0 100 200 ttw Pai )1_4 Aw.wbulua v, w.2
-G6J.A16.216{
Mitts U•iM YJ
DRAYM SAF PLAT:NO,d5-1A-05
NORTH (IN FEET) CHECKED JMT PROJ:N0.D5066-OB
DRAVNNC MAY HAVE BEF,N REDUCED DATE 03-17-135 SHEET Set 7
P; OS\OBfi\086-03\05066-03\dw\0508D-OB
21
nw YRnn w
FINAL PLAT. UMBER—MST ESTATES"IN TI.2E CITY OF DUBUQUE, IOWA
31.0"1,00WHIC PLACE LOT 2-1-2,.MINERAL.LOT 490 ' \\
ry 8311'24"E
196,52' N 1 \
` M�iNEJtnI LOT.
0` ,.••S 08'25'07"E \
E) rn ' t 10.92'
y N 81'07'1w£ 259.83(260) -
a 30y.25 �'�417'S1" E S 89"2414"
44 eio"E s sup LOT
AL for 4901
/ N
Zg7•i9 rwJ LOT 25. to F 9661,
01983 AC. a� �iJ, I�g.53
2a �1
LOT 26 16 e� .L-f 5
LOT 24 1° 9 SK p59M \ qV 2.188 AC. / t16ti ♦92`J°
1.006 AC. �-�'=C�B, ,�
C-16 •\C'. A. - S56'25'S4"E }
1C WO00�R 1j/ 'x , h°. 65.48' n
. n
tiers QJ� LOT 27
h �.�
0.860 AG to o, 1O
. LOT 2 � 'o`��� �° h fid°e.
0.733 AC. C
w
/a tih q. .i LOT A h,2 .C. 10.
z / �' ry ?1927• ^� -1 /�20'WIDE z
.3 3//vi1' 'ry y 3---.�_i2 WATER MAIN
LOT 3• '1•�
� c m EASEMENT
0.735 Ac. " �,^ Oo' �o LOT 28
n ry y -410 oo W
�'" ° •a LOT 1 �N y C 0.723 AC. 63,15'
% y�•a Ss
goo ,�h`Vl N�.0.928 AG w„
/pro 7g2�2' h Sp � �jO
.•ry° lg"F S624218"E 44 ^'V, y 2
LUT 4 IV. 84.02'ef`o�5 ry�43' ,o^a 1° �\rv/ GS.5
ryy Ly@ 0.865 AC.
N39'53'09"
rp \9 �� . 7, y.1` 52.76'
♦ torr, P 3bQ2s•IY
S-
LOT 5 _ �
1:033 AC. -
�� LOT 29 sBt 5413 Yt fy�:Fo
o'`• 5.542 AC.
•os. 13.41 .. .ryy�o°` LOT
LOT 497
N109 65,0009 -y6a�h�
2
Al
b��• •" 20'MOE WATER �
SyCi^
kf;yo
MAIN EASEMENT
rt 20'1410E SANITARY:!• F STORM SEWER t
SEWER EASEMENT \\ EASEMENT
I
DETAIL NO SCALE I1W 6NGINF S-1
GRAPHIC SCALE ®SURY6YOIiS,P.C.
0 100' 200 MM A... 9.02
NORTH MIS"�—�
(IN FEET) `'1iT1 SATF PUT No,45-IA-0e:
CHECKED JMT PROJ:.NO.DSOGO-09
DRAWING.MAY HAVE BEEN REDUCED DATE 03-17-00 I SHEET 4 0! 7
P:\os\Oea\Deer-o3\o5O96-03\aro\O509a-ere
22
i
n41*5 n " V i
FINAL PLAT, TIMBER—HYRST ESTATES IN THE CITY OF DUBUQUE, IOWA
LOT i 91 PAIHTFJIn1'�.
VALLEY 1
41
N026.48, W
NR� J
J S 86.42'39"E !a 1p "3
N 6$n9e� � qzt�1' s 78.18.19,
1198 ' E
LEGEND
-I DETAIL• NO SCALE
PERMANENT MAINTENANCE m
EASEMENT d oda
o °° LOT 6'
8.621 AC.
\ w (NON-BUILDABLE) n
N
o
M lo
\. LOT'i-1-1-4-r1-i-/-I`I-t n
6WIERAL LOT,499 W _
w q 20'WIDE STORM w
SEWER EASEMENT
v c o SI42 , to
-.-""'^'^--•- 2 `�� 25 _
;_r_I_I_I_I_7_I_I h70
:AL LOT 499 584'3 '0214 4.34' Z;
11 06 i 4 ::: �:S.90.0000"W 388.38!T
6�. J �45 CREEK WOOD DR.
2� I�t9,
Lg89• �--,.. W q6 C- S 90 00 00"W-388 38
�yb 'O the •.u_;g(g.. 8 /—S9000007
.. :`•\�'/'.. ,;y4 187.75' ...
'64'E /•. y, 316.74 20 WIDE �g.1�0.. Jo y.>; •'
9' ry- n y Q 20'STORMWEASEMENT ' ',
.•a ry.1, .••SEWER EASEMENT,'/,-
S54.41'29"E z•ry 0+"15412'41" opt
60.29' L-127.85
y ��iory� R 47.50 ✓ A rye'
�cj M.y CHO BRG S4826'52'W -
- /!.- 5 h- )p• CH 92.61'
4.
LO
56>>86 0
ry99� T2-7-1-1OF�AIL 499
q 20'W10E �1•/ LOT G .9,
WATER MAIN M 8.222-AC.
EASEMENT o (NON-BUILDABLE)
• N64'01'41"W 'h
�\• 63;15' ��
SANITARY SEWER\� `� ry '
/ EASEMENT 2�'` 4 LOT.t.
-\�• �. q 20'SANITARY �•d°� 3-
_ SEWER EASEMENT
S3738'39"E
239.31' �. .
73;1
``-N39'53'O9"E LOT.Z 7IIItOtAL
52.76' y LOT 498
7Jb029"
--•��/ DIY 13NGLNELK3IE
®SUR.VEYORS'P.C..
GRAPHIC SCALE J,.! te"". 1111—w.—.o.
0 100 200 qes P:M,�. A.. N 52M
DRAWN SAF PLAT 00.45-IA-06
(IN FEET) NORTH CHECKED JHT PROJ.NO.05066-06
ORAIVINO MAY HAVE BEEN REDUCED DATE 03-17-06 5HEer 5 or. 7
' Pt\OS\066\O6G-03\OSgeB-•03\�Iwq\050Bfi-O6
23
^M wqw�
FINAL PLAT: TIMBER-HYRST ESTATES 1N THE CITY OF DUBUQUE, IOWA
�f GRAPHIC SCALE
tp
N013TH
(1N FEET)
NO2'17'41"W .._✓ DRAWING MAY HAVE BEEN REDUCED
•` "' 36.48'
S 86.42'39"E twn 1O S
121.31' LOT i SROTHERS PLACE
(121.2,V) S
7a.1
189 809"
Y�SOC s
LOT
a
° 8,621 AC.
In �.; -Sy 9 fi
w
NON �. Cr 20'VIDE STORM zl
SEWER EASEMENT DAL LO 1-2-1-2-4
s N32'18'39"E &LOT 2 3 1a$09 I
Al' 31.48'
za 20'WIDE STORM �.Oe`rJ+ ti M�h� -•- //�
SEWER EASEMENT DETAIL• NO SCALE a' F
o" S14'20'26"W ^.
a
25.50'
:^584'38'02E W14
OPO 1 -1-1-1=1-2-1-4
4 4.3_q� .a Q' 60NERAL LOT 501
OD DR,S 90.0000 W 388.38"
5 9000'00"W_365.36'
V>-::•::..•Soo-
2•:1.1:47:5:�`•tgq. ..
17.75'
ga y m /• i if,,o
,• hk43O6^j ��y �:.: fig. ��*\..
CURVE DELTA LENGTH RADIUS CHORD BEAR114G. CHORD
IC-1 6223'09" 125.22 115,00 N 584826"W 119.12.
C-2 62309' 179.60 165.00 N 5848'28`W 170.91
C-3 16'3233' 50.53175X0 S 61'43'4C'11 50.35
C 1E3233" $4.96 225.00. -S 61'43'44"W 14.74 `sC.`rJ• 9
C-5 5743'00' 125.92 125.00 S 443557"Yf 120:66. 4- - ~
C-6 5743'00" 176.29 175.00 S 4405'57"W 16&93 ,D
C-7 419335' 125.92 175.00. S 5250'39"W 123.22
C-81629'25" 50,37 175.00 S 2351'10'W .50.19- y j1.y yl
C-9 12852'46" 326.16 145.00 S 8010'50-.W 261.62
C-Ip 128 2'46" -43&83 195.00 S 80'10'50"W 351.83 .ty hgtit<
C-It 5410'34" 184.38 195.00 S 1749'44"W 177.59 y.\CC, - \6• h•S h
C-12 321726" 109.90 :195.00 S8448'41"W 108.49
C-13" -14'44'12" 50,15 195.00 N 71'40'30"W 50.02 -#�• 4�_ ` 9
C-14 28'55'37' 9&45 195.00 N 49'50'36"W 97.41 \
C-I5 122'05'23" 330.28 155.00 5 83.34'37"W 271,21,
C-16 122'05'23" 436.82 205.00- 'S 83'34'37"W. 358.74.
C-17 32'05.48" 114.84 205.00 N 51'25'36'W 113.34 DETAIL'.NO SCALE
C-18 45'49'04" 163.93 205.00 ,S 89.36'58"W 159.60
C-19 44.10'31" 158.05. '205.00 5.44'37'10.-W 154.17
0-20 39.31'45" 66.24 125.00 S 42'17'48"W $4.54
.0-21 3931'45" 120.74 175.00 S 4217'48"W 118.36
C^22 "21'0125' 64.21 175,00 S 33'02'38-W 83.85"
C-23- 18'30'19" $6.52 175.00 'S 52'48'31"W $6.28
C-24 271813" 226,35 475.00 S'.48'24'34'IY 224.22
C-25 27'18'13" 250.18 525.00 $48'24'34"W -247.82
C-26 08109.50' 55.48 32&00 S 58'58'45"W 56.45
C-27 17'07.48" 156.96 -525.00 :S 4799'5G"W 150.33
C-28 04'00.34" 36.74 525.00 S 36.45'45`W 36.73
C-29. 22.5310" 189,73 475.00, S 50'37'05"W 188.47
C-30 04.25'02' 36.62 475.00 S 36'57'59"W- 36.61
C-31 061099" 78.60 675X0 S 31'25'18'W 7856 IOV ENGINEERS
C-32 06'40'19" 84,43 725.00 S.3125'18'W -84.38' ® SURVEYORS,P.C.
C-33 47.44'26' 395.78 475.00 S 51'5721"W 384:43 t1.a maws lY6"en.F
C-34 48'58'53" 448.81 525,00 S 5234'3.5"W 435.27 4130 P.enn+yawnb A-suei,a"a u s:11;
C-35. 0338'51" 33.42 525.00 S 29.54'34"W .33.42 N�?.33Ea.aa
C-36 17'37'37' 161.52 525.00 S 4032'48"W 160.88
C-37 0527'32' 50.02 525,00 S 52.05'23"W 50.00 ORAYM SAF I PLAT NO:45-IA-O6-
C-3822'14'53" 203.86 525.00 5 65'56'35"W 202,58 CI{ECKM MMT .PROD.HO.tl5066-06
C-39 213557" 179.06 475.OD :S.38'53.07"W 178.01 GATE 03-17-06SHN G 1f-7
C-40 26'08'28" 215.72 476,00 S 67.'45'20`W 214.84
P:\OS\088\066-03\05008-0}661'\dw 09066-•OG
24
i
j
Final Plot ol: 3i,y
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1
TIMBER—H1RST ESTATES#4 �
s IN THE CI'T'Y OF DUBUQUE, IOWA.
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3
31
EXHIBIT C
PRE-ANNEXATION AGREEMENT
32
Prepared by Barry A.Undahl 300 Mein Skoet Suke 330 Dubuque fA 62001683 683-4113
Return to:Jeanne Schneider,City Clark Addre%:City Hall,60 W.13th St Telephone:6884120
.AGREEMENT
BETWEEN
THE CITY OF DUBUQUE,IOWA
AND
NORTH CASCADE ROAD DEVELOPERS,L.L.C.
AND
AMERICAN TRUST&SAVINGS BANK,as Trustee
This Agreement,dated for reference purposes theft day 2006,
is made and entered into by,between and among the City of Dubuque, (City)and
North Cascade Road Developers,L.L,C.(Developer)and American Trust.&Savings
Bank,Trustee.
WHEREAS, Developer is the owner of the real property shown on attached.
Exhibit A,and legally described as follows(the Property):
Lot 4 of the NE % of Section 3, T88N, R2E of the 5th P.M. in Dubuque
County,Iowa(parcel ID#1503200006);and
Lot 6 of the NE%of Section 3, T88N, R2E of the a P.M. in Dubuque
County, Iowa(parcel ID#1503200005);and
That portion of Lot 2 of Henschel-McNamer Place; Plat#2 lying outside
the City of Dubuque in Section 3,T88N, R2E of the 5th.P.M. in Dubuque
County, Iowa(parcel ID#1502151005 and parcel ID#.1502251002);and
WHEREAS, American Trust & Savings Bank, Trustee of the Mildred L.
Henschel Trust Agreement Dated August 22, 2005, is Contract Seller of an
undivided one-half interest in Lot 4 and.Lot 6 of the NE'/of Section 3, T86N,
R2E of the a P.M.in Dubuque County, Iowa;and
WHEREAS, Developer intends to request City to annex the Property;and
1
33
AUG-11-2006 FRI 09:18 AM MCNAMER CONSTRUCTION FAX No, 563 582 5889 P-003
Wl irrtEAs, as an Incentive to Developer to voluntarily apply to City to
annex the Property,City is willing to enter into this Agreement,but only upon the terms
and oondhions set forth herein.
NOW, THEREFORE, IT IS AGREED By AND BETWEEN WEEN THE PARTIES AS
FOLLOWS:
1. This Agreement is subject to the approval of the Secretary of State, after the
exhaustion of any and all appeals from the action of the Secretary of Std or the
expiration of the time within which such appeals may be brought, approving the
voluntary annexation of the Property.in the event the Secretary of State approves such
annexation as to less than all of the Property,this Agreement shall be null and vold wlth
rmapectto any of tate Property not included bythe Secretary of Stats.
2. Upon the filing of Developer's application for voluntary annexation, City shall
promptly consider the application and If the application is approved by the City Council,
transmit the application to the Secretary of State, Dubuque County Board of
Supervisors,each affected public utility,and the Iowa Department of Transportation as
provided by law. Developers agree not to withdraw the application or any part thereof
after its filing,wm M.
3. City agrees to design improvements to the two curves between the bridge on
North Cascade Road and Edval Lane within two (2) years of the execution of this
agreement and to construct said improvemenbs no later than the end of the oonshuctiion
season in 2012, and earlier If funding Is available at the sole discr+eWn of City.
Developer agrees to provide City with such portion of the Property as City determines Is
necessary for public right-of way to acwmmodats said improvements, at appraised
value determined as follows:City and Developer shalt have prepared an appralsai of the
portion of the Property needed for public rlght-of way by a certified appraiser'
experienced in appraising similar types of properties in the Dubuque area rnutruxlly
selected by City and Developer. If either party Is dissatisfied with the appraisal or the
parties cannot agree on an appraiser, each shall appoint its own appraiser, each of
which shall be experienced in appraising similar types of properties in the Dubuque ares
and the two appointed by the parties shall select a third experienced appraiser to
appraise the property.The average appraised values of the three appraisers shall be
the appraised value of the portion of the Property needed for public right-cf-way for the
purposes of this section 3.In accordance with Iowa Code,if.Chy vacates any portion of
the Property purchased from Developer as public right-of-way,said excess right-oi way
shall be offered to the Developer as original owner first, The price at which the excess
right-of way will be offered to Developer will be the price paid by the City to Developer
for said public right-of--way and surveying, platting, publication and filing fees for
vacating said public right-of-way shall be the City's cost.
4. City and Developer agree that the following terms and conditions of this
Agreement as stated in Sections 5-11 below also shall apply to additional property
legally described as Lot 2 of Valentine Place No. 3,located In the NW 3.,Sectlon 3,
2
34
AUG-fl-2006 FR1 09:18 AM MCNAIUER CONSTRUCTION FAX No. 503 582 5889 P.004
T$8N,R2rz of the a P.M.,Dubuque County,Iowa containing 9.457 acres,as said lot is
under contract for purchase by Developer from Gary L.and Mary Beth Valentine for the
purpose of providing access to North Cascade Road for the property being annexed by
Developer.
5. City agrees that upon final approval of a final subdivision plat by the City Council
of the City of Dubuque for the Property and the commencement of construction by
Developer of the public improvements required by the resolution approving such plat;
a. City shall not later than twelve(12) months atter the commencement of
such construction at City's sole expense extend sanitary sewer collector
lines as needed through the abutting property to the boundary line of NCR
property,and City agrees to acquire and pay for any easements needed
from the abutting property for extension of said collector.
b. Developer agrees to pay the City for the cost of the construction of a
collector from the boundary line to a developable point Upon sale of each
lot,Developer shall pay to City an amount determined by dividing the cost
of construction of said collector by the number of lots served by the
collector. A balloon payment for any remaining balance shag be paid to
City not later than five(5)years from the date the collector Is accepted by
the City Council. This cost will be calculated based on the actual
construction cost of that portion of the collector line.
c, Developer acknowledges that the fee for connection of lots In the Property
to City's sanitary sewer interceptor shall be$500.00 per acre excluding
areas delineated as Sood plain on the FIRM(Flood Insurance Rate Map).
d_ Developer agrees that it shell be a requirement of the purchase of lots in
the Property that the Developer shall connect to said cailactor and shall,
pay the interceptor connection charge established by City in the amount of
$500.00 per acre far the entire subdivision,excluding areas delineated as
.flood plain on the FIRM,pro rated equally over each lot which connects to
the South Forte Phase t Interceptor.The fee shall be paid at the time of
connection to City's sanitary sewer system.The City in its sole dismation
r77iy waira WL rdl au4ltB� uvvva„c some«t,the lots fin the uubd:, .sloe,
connect to the original South Fork sewer.
e. City shall have no obligation to issue a permit for connection of any lot to
the sanitary system prior to the payment of the fee for such lot.
L Developer shall,prior to the award of a contract for the oonstructlon of the
collector lines,execute and deliver to City,in a.form acceptable to City,a
promissory note and such other non-mortgage security as may be:
acceptable to the City Manager in the City Manager's reasonable
discretion.
B: City agrees that upon final approval of a final subdivision plat by the City Council
of the City of Dubuque for the Property and the commencement of construction by
Developer of the public improvements required by the resolution approving such plat:.
3
35
AUG-ll-2006 FRI 09;19 Aid IUCNAt1ER CONSTRUCTION FAX No. 563 582 5889 P.005
® a. City shall not later than twelve (12) months after the commencement of
such construction at City's sole expense extend a Water main on North
Cascade Road to the new proposed Intersection entrance of the NCR
Development as shown on attached Exhibit S-1.
b. Developer shall pay a water connection fee for this development. This fee
Is calculated based on$11.00 per lineal foot of property street frontage on
North Cascade Road, This current connection fee is estimated to be
81,100. `Ilse payment schedule for this fee will be Incorporated into the
same terms and conditions of the loan agreement Or Section 5.0.of this
Agreement.
c. Individual wader service tap fees per lot must be paid prior to the actual
water tap being installed. This flee is based on the size of the service line
and Is subject to change annually.
d. City shall extend an estimated 790 feet of 8 Inch water main,at a cost not
to exceed$52,000.00,from the new proposed Intersectlon of this property
on North Cascade Road to a developable point of property in Phase 11 of
this development as shown on attached Exhibit&2.
e. Developers shall cause to be prepared at their expense by an Iowa
licensed professional engineer and submit to City all plans,specifications,
construction and bid documents necessery for purpose of aoitating bid
proposals for the construction of said water main for City to comply with
the requirements of state law for public;Improvement contracts.
f. Upon completlon of the construction of the water main, all dwellings
Ask constructed shall be connected to the water main.
g. City shall establish a fee for the connecdon of any lot In Phase 11 of this
development to City's water main,which fee shall be paid by Developer to
City at the time of the sale of any such lot. Each such fee shall be
credited toward Developer's loan of City funding for the installation of the
water main infrastructure of said development Including Its connection fee.
Not later than five(5)years from the date of this Agreement, the entire
balance of the loan with a balloon payment shall be paid by Developer to
��' ti ll n to r�4, a Permit for connection of any lot to
ty shall have^.c cbllgefi a
the water main prior to die payment of the fes for such lot.
1. Developer shall,prior to the award of a contract for the construction of the
water main,execute and deliver to City, in a form acceptable W City a
promissory note and such other non-mortgage security as may be
acceptable to tha City Manager in the City Managers reasonable
discretion.
7. City agrees to waive the$1,000 rezoning The for the F roperty:
8. Failure by Developer to pay any connection fee required by this Agreement when
due shall constitute a material breach of this.Agreement for which City may suspend
further performance of its obligations under this Agreement until such breach is
remedied.
4
36
AUG-11-2000 FRI 0919 Ali NCNAMER CONSTRUCTION FAX No. 50 582 5889 P•006
9. This Agreement shall apply to and bind the helm,successors,and assigns of the
parties.
' 10.AII understandings and agreements,If any,previously made between the partles
hereto are merged in this Agreement,which alone fully and completely expresses their
understanding with respect to the subject of thie Agreement. This Agreement may not
be modified except by an amendment executed by both of the parties.
11.Upon execution of this Agreement,City shall promptly record this Agreement with
Die Dubuque County Recorder.
CITY OF DU RUE,IOWA
Attest a 13y.J nne F.Schneider,CMG R D.Buol
ity Clerk M or
STATE OF IOWA
ss;
DUBUQUE COUNTY
On this�day ofs_ 2005,before me,the undersigned, a'
f
Notary Public in and for said ounty nd State,personally appeared ROY D.BUOL and:
JEANNE F..SCHNEIDER,to me personalty known,who boring by me duty sworn, did
say that they are the Mayor and Grtyr Clerk,respectively,of the City of Dubuque,Iowa,a
municipal corporation;that the seal affixed to the foregoing insvument is the corporate
seal of the corporation;that said instrument was signed and seated on behalf of the
corporation by authority of its City C until, V& 21
in Resolution No.
passim by the Cw;,t'.nein�l nri the�dbv of 06.and t1hat ROY D.BUdL
and JEANNE F.SCHNEIDER acknowledged of the foregoing Inshument
to be their voluntary ad and deed and the voluntary act and deed of the corporation,b
It and by them voluntarily executed. f
Eel.
tKAREN M.CHESTERMANCOMMISSIONNOM258
MY COMMISSION EXPIRES NORTH CASCADE ROAD DEVELOPERS,L.L.D.
d.'24/08 rtin cNamer
Secretaryfrreasurer
5 '
37
' RUG-11-2008 FRI 09:19 All IICNAMER CONSTRUCTION FAX No. 563 582 5889 P-007
STATE OF IOWA )
ss.
DUBUQUE COUNTY )
On this /7*-(Z/day of k mss , 2006, before me, the undersigned,a Notary
Public in and for said State, personally appeared MARTIN J. MCNAMER, to me
personally known, who being by me duly swom, did say that he is the
Secmtsryfrreasurer of said corporadon;that no seal has been procured by the said
corporation;that said instrument was signed an behalf of said corporation by authority
of he Board of Directors; and that the said MARTIN J. MCNAMPFt, as
SecretarytTreasurer,acknowledged the execution of said ins Ment to the voluntary
act and deed of said corporation,by it and by them volunfe
I IL.rAnOt . 1"^4-)
( '
'ec melon Numtar Public In a t
yy�gMnUt n .
,AMERICAN TRUST&SAVINGS BANK,Trustee of
the Mildred L Henschel TrustAgreement.Dated
August 22,2005
C Even,Vice President
STATE OF IOWA )
ss. ,
DUBUQUEUUNT`f )N
t
On this l lgd qday of 2006, before me, the undersigned, a Notary
Public in and for said State, pe nally appeared CHRIS M. EVEN,to me personally
known,who being by me duly sworn, did say that she is the Vloo President of said
corporation; that no seal has been procured by the said corporation; thud said
Instnrmsnt was signed on behalf of said corporation by authority of its Board d
Directors; and that the said CHRIS M. EVEN, as Vice President, acknowledged the
execution of said instrument to be the voluntary act an deed of said opwration and of
the flduclary,by it.and by them as tido ary votuntari
Public in and for said State
B
38
EXHIBIT D
AMENDMENT TO PRE -ANNEXATION AGREEMENT
AMENDMENT TO
THE 2006 AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND
NORTH CASCADE ROAD DEVELOPERS L.L.C.
This Amendment to the 2006 Agreement between the City of Dubuque (City) and
North Cascade Road Developers L.L.C. (Developer) is dated for reference
purposes the day of , 2015.
Whereas, Developer and City entered intoan agreement dated for reference
purposes the 17th day of August, 2006; and
Whereas, time commitments outlined by City in the agreement for public
improvements have changed due to a number of factors; and
Whereas, the parties now desire to amend the 2006 Agreement to reflect the
modified time for compliance with construction commitments by the City.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
The time for construction of improvements outlined in Sections 3, 4, 5, and 6
in the 2006 Agreement shall be December 31, 2016.
All other terms and conditions of the Development Agreement will remain in
full force and effect.
CITY OF DUBUQUE, IOWA
By
Roy D. Bol, Mayor
NORTH CASCADE ROAD DEVELOPERS L.L.C.
39
Martin McNamer, Member