Derby Grange, LLC - Agreement for Development of Property Copyright 2014
City of Dubuque Action Items # 3.
ITEM TITLE: Derby Grange, LLC - Agreement for Development of Property
SUMMARY: City Manager recommending approval of the Agreement with Derby
Grange, LLC for the development of property at the northwest corner of
John F. Kennedy Road and Derby Grange Road.
RESOLUTION Approving an Agreement between the City of Dubuque,
Iowa and Derby Grant, LLC, for the development of property at the
northwest corner of John F. Kennedy Road and Derby Grange Road
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Derby Grange, LLC Agreement for Development-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Derby Grange Housing TIF Summary Supporting Documentation
❑ Revenue Estimates Supporting Documentation
❑ Resolution Resolutions
❑ Agreement Supporting Documentation
THE CITY OF Dubuque
U E 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: Derby Grange, LLC Agreement
DATE: November 10, 2015
The City was contacted by Derby Grange, LLC regarding a potential residential
development of an approximately 47 acre parcel of land at the northwest corner of John
F. Kennedy Road and Derby Grange Road. While the property cannot be annexed until
such time as there is adjacency with the City of Dubuque corporate boundary, the
parties have entered into the agreement related to the future development of the
property as a residential subdivision within the City of Dubuque.
The agreement anticipates future adjacency, in fact, a Pre-Annexation Agreement has
been negotiated, and identifies urban renewal as a mechanism for facilitating public
improvements while stimulating private development.
The agreement is part of the process to facilitate the development of a residential
subdivision that will include approximately 120 new dwelling units. The agreement will
facilitate the extension of water and sewer to serve a 48.5 acre parcel at the northwest
corner of John F. Kennedy Road and Derby Grange Road. In addition, the extension of
City utilities to serve the Derby Grange, LLC property allows the City of Dubuque to
serve another approximately 400 acres of land in this portion of the community.
As part of this agreement, the City is responsible to extend City water and sanitary
sewer services to the development parcel. This will include acquisition of easements
and financing. During the existence of the Housing TIF, most of the City expenses will
be reimbursed, but not all. The financing of the utility extensions will necessitate the
issuance of City debt in 2016, currently estimated at $1.2 million.
In the 10-year period after annexation and the expiration of the TIF, the City will receive
an estimated $2.2 million in revenues from property taxes and $1.3 million from fees, for
a total of$3.5 million in revenue to the City. The other taxing bodies will receive an
estimated $5.1 million in property taxes during this 10-year period. Combined over this
10-year period, this development will create $8.6 million in taxes and fees.
This project will also lead to an increase in the population of the City of Dubuque and an
increase in the number of students attending the Dubuque Community Schools.
Assistant City Attorney Crenna Brumwell recommends City Council approval of the
Agreement with Derby Grange, LLC for the development of property at the northwest
corner of John F. Kennedy Road and Derby Grange Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen'-4 s
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
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THS CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen, City Manager
DATE: November 9, 2015
RE: Derby Grange, LLC Agreement
The City was contacted in Derby Grange, LLC regarding a potential residential
development of an approximately 48 acre parcel of land at the northwest corner of John
F. Kennedy Road and Derby Grange Road. While the property cannot be annexed until
such time as there is adjacency with the City of Dubuque corporate boundary, the
parties have entered the attached agreement related to the future development of the
property as a residential subdivision within the City of Dubuque.
The agreement anticipates future adjacency and identifies urban renewal as a
mechanism for facilitating public improvements while stimulating private development
and the provision of funds for low and moderate income housing throughout the city.
I respectfully submit the agreement for review and approval of the City Council. Thank
you.
OFFICE OF THE CITYATTORNEY DUBUQUE, IOWA
SUITE 330,HARBOR VIEWPLACE,300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)589-4381 /FAA (563)583-1040/EMAIL cbrumwel@cityofdubuque.org
City of Dubuque
Housing TIF Summary - Derby Grange, L.L.C.
TIF Revenue
Public
Derby Derby Improvements
Grange Grange 25% to Cumulative
FY Low Income Public Imp. Developer TIF
2018 $ - $ - $ -
2019 $ 4,769 $ 7,748 $ 1,937 $ 5,811
2020 $ 5,184 $ 8,423 $ 2,106 $ 12,128
2021 $ 5,863 $ 9,526 $ 2,381 $ 19,272
2022 $ 6,551 $ 10,644 $ 2,661 $ 27,255
2023 $ 7,519 $ 12,216 $ 3,054 $ 36,417
2024 $ 8,503 $ 13,814 $ 3,453 $ 46,778
2025 $ 110,209 $ 179,054 $ 44,764 $ 181 ,068
2026 $ 128,473 $ 208,726 $ 52,181 $ 337,613
2027 $ 175,503 $ 285,135 $ 71,284 $ 551 ,463
2028 $ 198,903 $ 323,152 $ 57,679 $ 816,937
2029 $ 238,684 $ 387,783 $ - $ 1,204,720
TIF Revenue $ 890,161 $ 1,446,220 $ 241,500
TIF Funds Committed $ 890,161 $ 1,678,409
Uncommitted TIF Funds $ - $ (232,189)
Subdivision Improvements
Fiber Conduit & Vaults $ 241,500
Park $ 100,000
Total Subdivision Improvement $ 341,500
Public Improvements
Fiber Conduits and Vaults $ 200,000
Sanitary $ 667,000
Water $ 320,000
Bond Interest Cost $ 361,000
'Water connection fee revenue (estimate) $ (33,096)
Sanitary connection fee revenue (estimate) $ (177,995)
Total Public Improvements $ 1,336,909
Total Improvements $ 1,678,409
TIF Surplus (Deficit) $ (232,189)
'Funded if TIF funds become available:
JFK& Arterial Intersection- Rt Turn Lane $ 197,000 Submitting Grant
32ND & JFK Traffic Signals $ 150,000
Total Unfunded TIF Eligible $ 347,000
City of Dubuque
Derby Grange Subdivision- 120 Lots
CITY SERVICES and PERMIT FEES: REVENUE ESTIMATES
Fiscal Electric Natural Gas Total Service Building
Year No. of Lots Water Sanitary Sewer Storm water Refuse Franchise fee Franchise fee Fees/year Permit Fees
Base -2018 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2019 12 $3,859.20 $5,322.24 $918.72 $2,001.60 $665.28 $459.36 $13,226.40 $15,600.00
2020 24 $7,718.40 $10,644.48 $1,837.44 $4,003.20 $1,330.56 $918.72 $26,452.80 $15,600.00
2021 36 $11,577.60 $15,966.72 $2,756.16 $6,004.80 $1,995.84 $1,378.08 $39,679.20 $15,600.00
2022 48 $15,436.80 $21,288.96 $3,674.88 $8,006.40 $2,661.12 $1,837.44 $52,905.60 $15,600.00
2023 60 $19,296.00 $26,611.20 $4,593.60 $10,008.00 $3,326.40 $2,296.80 $66,132.00 $15,600.00
2024 72 $23,155.20 $31,933.44 $5,512.32 $12,009.60 $3,991.68 $2,756.16 $79,358.40 $15,600.00
2025 84 $27,014.40 $37,255.68 $6,431.04 $14,011.20 $4,656.96 $3,215.52 $92,584.80 $15,600.00
2026 96 $30,873.60 $42,577.92 $7,349.76 $16,012.80 $5,322.24 $3,674.88 $105,811.20 $15,600.00
2027 108 $34,732.80 $47,900.16 $8,268.48 $18,014.40 $5,987.52 $4,134.24 $119,037.60 $15,600.00
2028 120 $38,592.00 $53,222.40 $9,187.20 $20,016.00 $6,652.80 $4,593.60 $132,264.00 $15,600.00
2029 120 $38,592.00 $53,222.40 $9,187.20 $20,016.00 $6,652.80 $4,593.60 $132,264.00 $0.00
$212,256.00 $292,723.20 $50,529.60 $110,088.00 $36,590.40 $25,264.80 $727,452.00 $156,000.00
Service Revenue Assumptions
1. Monthly water and sanitary sewer based on average water usage of approximately 6,000 gallons per month; fees at FY2016 rates.
2. Monthly storm water and refuse fees based on FY2016 rates.
3. Residential average City franchise fees for electric and natural gas.
4. Build-out is 12 lots per year.
5. Permit fees are based on a typical mid to upper range single-family home of 3,500 square feet; average fees are as follows:
building 700
electrical 200
mechanical 150
plumbing 250
Total $1,300.00
RESOLUTION NO. 397-15
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND
DERBY GRANGE, LLC FOR THE DEVELOPMENT OF PROPERTY AT THE
NORTHWEST CORNER OF JOHN F. KENNEDY ROAD AND DERBY GRANGE ROAD
Whereas, the City Council has identified Planned and Managed Growth as a Five-year
City Goal; and
Whereas, Planned and Management Growth includes exploring partnerships with
developers for residential development within the city of Dubuque; and
Whereas, Derby Grange, LLC is the owner of property at the northwest corner of John
F. Kennedy Road and Derby Grange Road; and
Whereas, Derby Grange, LLC has expressed a desire to enter into an agreement with
the City of Dubuque for the development of the Derby Grange, LLC property as a City of
Dubuque development; and
Whereas, it is the determination of the City Council that approval of the attached
Agreement between Derby Grange, LLC and the City of Dubuque (the Agreement) is in
the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Agreement is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Agreement
on behalf of the City 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 carry out the terms of the Agreement.
PASSED, APPROVED, AND ADOPTED this 16th day of November, 201
ATTEST:
Buol, Mayor
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Doc ID 008701160023 Type GEN
Kind: AGREEMENT
Recorded: 09/07/2017 at 03:29:45 PM
Fee Amt: $117.00 Page 1 of 23
Dubuque County Iowa
John Murphy Recorder
F11e2017-00011139
RECORDER'S COVER SHEET
AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND DERBY
GRANGE, L.L.C. FOR THE DEVELOPMENT OF THE DERBY GRANGE ROAD
HOUSING URBAN RENEWAL AREA ECONOMIC DEVELOPMENT DISTRICT
Preparer Information:
City of Dubuque, Iowa, 50 West 13th Street, Dubuque, Iowa 52001
Taxpayer Information:
Derby Grange, L.L.C., 2300 Stone Brook Lane, Eldridge, IA 52749
Return Document To:
Kevin S. Firnstahl, City of Dubuque City Clerk, 50 West 13th Street, Dubuque, IA 52001
Legal Description:
See Page 2: Section 1. Legal Description of Project Area.
Grantors: Grantees:
Derby Grange, L.L.C. City of Dubuque, Iowa
Attachments:
Certified Resolution No. 397-15
Agreement
AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DERBY GRANGE, L.L.C.
This Agreement, dated for reference purposes the day of NO\ken ,
2015, by and between the City of Dubuque, Iowa, a municipality (City), established
pursuant to Iowa Code and acting under authorization of Iowa Code Chapter 489, as
amended (Urban Renewal Act), and Derby Grange, L.L.C., an Iowa limited liability
company with its principal place of business in Dubuque, Iowa (Developer).
WHEREAS, in furtherance of the objectives of the Urban Renewal Act, City
intends to undertake an urban renewal project (the Project) to advance the community's
ongoing economic development efforts; and
WHEREAS, the City Council intends that the Project will be located within the
Derby Grange Road Housing Urban Renewal Area Economic Development District (the
Project Area); and
WHEREAS, the City Council intends to approve an urban renewal plan for the
Project Area no later than July 1, 2016 ; and
WHEREAS, the Developer plans a development of single-family homes in the
area owned by Developer, legally described as:
Lot 1 Tscharner Place #4
(the Development Property), located within the foregoing Project 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 improvements
to be constructed on and within the Development Property; and
WHEREAS, the City, subject to City Council approval of an urban renewal plan
for the Project Area, intends to assist the Project through grants toward infrastructure
improvements; 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.
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.
ALL THAT PART OF THE RIGHT OF WAY OF JOHN F. KENNEDY ROAD
LYING BETWEEN THE NORTHWESTERLY RIGHT OF WAY LINE OF
NORTHWEST ARTERIAL (IOWA STATE HIGHWAY #32) AND THE
SOUTHEASTERLY EXTENSION OF THE SOUTH LINE OF LOT 2 OF
TSCHARNER PLACE NO. 3, IN DUBUQUE COUNTY, IOWA.
ALL THAT PART OF THE RIGHT OF WAY OF DERBY GRANGE ROAD LYING
EASTERLY OF THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 1-
2 OF TSCHARNER PLACE, IN DUBUQUE COUNTY, IOWA.
LOT 1 OF SCHARNER PLACE NO. 4, SECTION 9. TOWNSHIP 89 NORTH,
RANGE 2 EAST OF THE FIFTH RM., DUBUQUE COUNTY, IOWA, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY IN DERBY GRANGE ROAD AND
JOHN F. KENNEDY ROAD, ALL IN DUBUQUE COUNTY, IOWA.
PARTS OF LOT 1 OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 9, T89N, R2E OF THE 5TH P.M., AND LOT 1
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8,
T89N, R2E OF THE 5TH P.M., AND LOT 2 OF ASBURY PLAZA NO 16, IN
DUBUQUE COUNTY, IOWA, BEING A STRIP OF LAND 200' FEET IN WIDTH
LYING 100' ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF
DERBY GRANGE ROAD WHICH IS APPROXIMATELY 481.50 FEET
EASTERLY OF THE WEST LINE OF THE SOUTHEAST OF THE SOUTHEAST
QUARTER OF SECTION 8, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE
FIFTH P.M., DUBUQUE COUNTY, IOWA, THENCE SOUTH 53 DEGREES 08
MINUTES 16 SECTIONS WEST A DISTANCE OF 916.16 FEET; THENCE
SOUTH 33 DEGREES 56 MINUTES 58 SECONDS WEST A DISTANCE OF
764.04 FEET; THENECE SOUTH 86 DEGREES 47 MINUTES 56 SECONDS
WEST A DISTANCE OF 504.36 FEET; THENCE SOUTH 41 DEGREES 33
MINUTES 58 SECONDS WEST A DISTANCE OF 415.37 FEET TO A POINT
ON THE EASTERLY LINE OF EASEMENT "B" AS SHOWN ON DOCUMENT
NUMBER 2008-00016144 IN THE OFFICE OF THE DUBUQUE COUNTY
RECORDER AND THE POINT OF TERMINATION.
SECTION 2. DEVELOPMENT ACTIVITIES.
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2.1 Reauired Improvements. City acknowledges that Developer is developing a
residential development on the Development Property in the area shown on the plat
attached hereto as Exhibit A. Developer agrees as follows:
A. To consent to the inclusion of Developer's property in the Project Area;
B. To refrain from objecting to City actions to acquire property for facilitation
of this Agreement;
C. To install and dedicate fiber optic conduit, vaults, and appurtances as part
of the infrastructure for the development at Derby Grange Road and John F.
Kennedy Road with an estimated cost of two hundred forty one thousand five
hundred dollars ($241,500.00), Developer to be reimbursed for actual
expenditures up to two hundred forty one thousand five hundred dollars
($241,500.00) certified to the City of Dubuque and subject to approval by the
City;
D. To execute a pre -annexation agreement and covenants simultaneously
with this Agreement,
E. Payment of water connection fees at time of annexation;
F. Payment of sewer connection fees when connection is made, but no later
than June 30, 2017; and
G. To donate an area within the Development Property for a City park.
2.2 Plans for Construction of Improvements. Plans and specifications with respect to
the Development Property and the construction of improvements thereon (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 Timina of Improvements. Developer hereby agrees that construction of
improvements on the Development Property shall be commenced by July 1, 2016, and
shall be built in conjunction with the streets within the Development. 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
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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 City Council Approval. This agreement is subject to City Council adoption and
approval of an urban renewal plan for the Project Area.
3.2 Park Construction. City will construct a park by no later than the completion of
fifty percent (50%) of the residential homes within the Development.
3.3 Low and Moderate Income Family Housina Assistance.
A. Pursuant to Iowa Code §403.22 the Project includes assistance for low
and moderate income family housing. The amount to be provided for low and
moderate income family housing shall be either equal to or greater than the
percentage of the original Project cost that is equal to the percentage of low and
moderate income residents for Dubuque County which is 38.1 %.
B. To fund the low -to -moderate income (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, 2017, 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 2017, the Economic
Development Grants in respect thereof would be paid to Developer on November
1,2018 and May 1,2019.)
3.4 Economic Development Grants.
A. 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:
Fiber Optic Installation: Estimated at $241,500
B. Grants, not to exceed a total of $241,500 during the term of the
agreement, for development activities will be made as follows:
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City shall certify to the County prior to December 1 of each year,
commencing December 1, 2017, 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, 2018: 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), but not to exceed the actual
expenditures by Developer for Development Activities.
May 1, 2019: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
November 1, 2019: 25% of the remaining yearly increment after
the deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
May 1, 2020: 25% of the remaining yearly increment after the.
deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
November 1, 2020: 25% of the remaining yearly increment after
the deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
May 1, 2021: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
November 1, 2021: 25% of the remaining yearly increment after
the deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
May 1, 2022: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
November 1, 2022: 25% of the remaining yearly increment after
the deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
May 1, 2023: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
November 1, 2023: 25% of the remaining yearly increment after
the deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
May 1, 2024: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
November 1, 2024: 25% of the remaining yearly increment after
the deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
May 1, 2025: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
November 1, 2025: 25% of the remaining yearly increment after
the deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
May 1, 2026: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
November 1, 2026: 25% of the remaining yearly increment after
the deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
May 1, 2027: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
November 1, 2027: 25% of the remaining yearly increment after
the deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
May 1, 2028: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
November 1, 2028: 25% of the remaining yearly increment after
the deduction of the LMI Housing Assistance set-aside, but not to
exceed the actual expenditures by Developer for Development
Activities.
The foregoing grants will be made pursuant to Iowa Code §403.9 of the Urban
Renewal Law, in amounts equal to the actual amount of tax increment revenues
collected by City under Iowa Code §403.19 (without regard to any averaging that
may otherwise be utilized under Iowa Code §403.19 and excluding any interest
that may accrue thereon prior to payment to Developer) during the preceding six
(6) month period in respect of the Property and improvements constructed by
Developer (the Developer Tax Increments). Developer recognizes and agrees
that the Economic Development Grants shall be paid solely and only from the
incremental taxes collected by City in respect to the Property and improvements,
which does not include property taxes collected for the payment of bonds and
interest of each taxing district, and taxes for the regular and voter -approved
physical plant and equipment levy, instructional support levy, and 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.
C. To fund the Economic Development Grants, City shall certify to the County
prior to December 1 of each year, commencing December 1, 2017, 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
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the Developer if Developer owns or leases the Property and/or improvements
thereon during the period such tax increment revenues accrue, on November 1
and May 1 of that fiscal year. (Example: If City so certifies by December 2015,
the Economic Development Grants in respect thereof would be paid to Developer
on November 1, 2016 and May 1, 2017.)
D. 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 Derby Grange Road 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 Property and
improvements and allocated to the Derby Grange Road TIF Account to pay the
Economic Development Grants, as and to the extent set forth in Section 3.3(A)
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 Derby Grange Road 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.
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 3.3 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. NON- APPROPRIATION / LIMITED SOURCE OF FUNDING.
4.1 Non -Appropriation. Notwithstanding anything in this Agreement to the contrary,
the obligation of City to pay any installment of the Economic Development Grants from
the pledged tax increment revenues shall be an obligation limited to currently budgeted
funds, and not a general obligation or other indebtedness of City or a pledge of its full
faith and credit within the meaning of any constitutional or statutory debt limitation, and
shall be subject in all respects to the right of non -appropriation by the City Council of
City as provided in this Section. City may exercise its right of non -appropriation as to
the amount of the installments to be paid during any fiscal year during the term of this
Agreement without causing a termination of this Agreement. The right of non -
appropriation shall be exercised only by resolution affirmatively declaring City's election
to non -appropriate funds otherwise required to be paid in the next fiscal year under this
Agreement.
8
I
In the event the City Council of City elects to not appropriate sufficient funds in the
budget for any future fiscal year for the payment in full of the installments on the
Economic Development Grant due and payable in that future fiscal year, then City shall
have no further obligation to Developer for the payment of any installments due in that
future fiscal year which cannot be paid with the funds then appropriated for that
purpose.
4.2 The right of non -appropriation reserved to City in this Section is intended by the
parties, and shall be construed at all times, so as to ensure that City's obligation to pay
future installments on the Economic Development Grants shall not constitute a legal
indebtedness of City within the meaning of any applicable constitutional or statutory
debt limitation prior to the adoption of a budget which appropriates funds for the
payment of that installment or amount. In the event that any of the provisions of this
Agreement are determined by a court of competent jurisdiction to create, or result in the
creation of, such a legal indebtedness of City, the enforcement of the said provision
shall be suspended, and the Agreement shall at all times be construed and applied in
such a manner as will preserve the foregoing intent of the parties, and no event of
default shall be deemed to have occurred as a result thereof. If any provision of this
Agreement or the application thereof to any circumstance is so suspended, the
suspension shall not affect other provisions of this Agreement which can be given effect
without the suspended provision, and to this end the provisions of this Agreement are
severable.
SECTION 5. COVENANTS OF DEVELOPER.
5.1 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.
5.2 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.
5.3 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, except for ordinary wear
and tear, 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
9
agreements between the parties regarding the care and maintenance of the
Development Property.
5.4 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.
5.5 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 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.
5.6 Non-Transferabilitv. 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.
5.7 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:
A. 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
B. 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).
10
5.8 Release and Indemnification Covenants.
A. 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.
B. 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.
C. 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.
D. 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.
E. The provisions of this Section shall survive the termination of this
Agreement.
5.9 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.
11
1
SECTION 6. EVENTS OF DEFAULT AND REMEDIES.
6.1 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:
A. Failure by Developer to pay or cause to be paid, before delinquency, all
real property taxes assessed with respect to the improvements and the
Development Property. After the issuance of the Certificate of Completion,
however, such event shall not entitle City to the remedy provided in Section 6.2.
B. 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.
C. 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.
6.2 Remedies on Default by Developer. Whenever any Event of Default referred to
in Section 6.1 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:
A. 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 its performance under this
Agreement;
B. 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.
6.3 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
12
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.
6.4 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.
6.5 Agreement to Pav 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.
6.6 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 7. GENERAL TERMS AND PROVISIONS.
7.1 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:
If to City:
Derby Grange, L.L.C.
Attn: Brian Riniker
2300 Stone Brook Lane
Eldridge, IA 52749
City of Dubuque
Attn: City Manager
50 W. 13th Street
Dubuque, Iowa 52001
With copy to: City Attorney's Office
13
300 Main Street, Suite 330
Dubuque, IA 52001
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.
7.2 Bindina Effect. This Agreement shall be binding upon and shall inure to the
benefit of City and Developer and their respective successors and assigns.
7.3 Termination Date. This Agreement and the rights and obligations of the parties
hereunder shall terminate on May 1, 2029 (the Termination Date) pursuant to Iowa
Code §403.22.
7.4 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 DERBY GRANGE ROAD, L.L.C.
By: By:
Roy D. Buol, ayor Brian iniker, Member
By:
Kevin S-Firnstalil,
)/7
ity CIS
On this day of d . 1. , 20/7, before me, a Notary Public in and for
said state personally appeared Brian Riniker known to me to be the person(s) named in
and who executed the foregoing instrument, and acknowledge that they executed the
same as their voluntary act and deed.
Sabi '.
•, ..,r 743373
CRENNA BRUMWELL SAW
Commission Number 74$ 93
My Comm. Exp. U—`""" 1
14
Notary Public in the State of Iowa
® off'
My Commission expires
EXHIBIT A
PLAT
15
1111111111111111111111111111113111111111111
Doc ID: 005846340006 Type: OEN
Recorded: 12/07/2007 at 12:43:64 PM
Fee Amt: 632.00 Pape 0 of 8
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F"e2007-00018315
Prepared by: SCHNEIDER Land Surveying and Planning, Inc. P.O.Box 128 Farley,Iowa 52046 Ph#563-744-3631
N00.02'13'W 257
MN
66
.ua
' ID
N
om
zm.
Qo
.o
Ez
o FOUND 5/8"
REBAR w/
YELLOW CAP
#12631 (TYP.)
REC.A5: 689'45'57"W 688.05'
k - N89'04'33"W 588.152---_
4A' P`' W
P r
1'q NW.'.
I
NW CORNER
SEC. 9. T89N, R2E
FOUND STANDARD
CONC. MONUMENT
LOT 1
rn
0
W
r1
a7
0
OUND 1-1/4"
PIPE - 7.43' EAST
OF THE SECTION
LINE I LOT 4
LA VISTA ESTATES
LOT 2
FOUND 1-1/4"
PIPE - 6.59' EAST
OF THE SECTION
LINE I /
REC. AS: N619'25' 30"W
S89'21'39"E 666.72'
0.93 ACRES J%
N00'02'13'W
52.73'FOUND 5/6"
REBAR w/ CAP
P.O.B. #2435 (TYP.)
W1/4 CORNER
SEC.9, T89N, R2E
FOUND STANDARD
CONC. MONUMENT
LOT 2
18.55 ACRES TOTAL
-O.15 ACRES ROAD 84.20
18.37 ACRES NET 33.00
FINAL PLAT
TSCHARNER PLACE NO. 4, DUBUQUE COUNTY. IOWA
A SUBDIVISION OF LOT 1 IN TSCHARNER PLACE NO. 3,
IN SECTION 9, TOWNSHIP 89 NORTH, RANGE 2 EAST OF
THE 5th P.M., DUBUQUE COUNTY, IOWA,
LOT 5
LOT 6
LOT 7
LOT 8
LA VISTA ESTATE
N0. 2
FOUND 1/2"
REBAR w/
YELLOW CAP
#14417 (TYP.)
88
m
('1
m
0
0
0)
rn
uT
V
81
LOT
1-9
LOT
2-9
FOUND
1-1/4"
PIPE
O^
ti
ti i
DC I 7
O4�. 1
T15 REC. N69'41 30W REC.AS'N89'3
9°3= 55'E 659.32
____/___
_ . 569'2 08'F�
605.7 0.88 ACRES 1.67 ACRES /-
30UTH LINE OF THE NW1/4, SEC.9. T89N, R2E /�
53.59' 500_34 52'W
FOUND 5/B" -
REBAR w/ CAP
#4016 (TYP.)
SB9'27'22"E
117.20'
SET 1/2"
YELLOWCAPC'C
#14417 (TYP.) N.,, QNP
33.00' Q \(``(' (j LOT 1
16.29 ACRES TOTAL I Q�' 50.42 ACRES TOTAL
1 15.71 ACRES NET �C,,`� 47; 68 ACRESCROAD
SHARE ACCESS
AND UTILITY
\ EASEMENT Ae290.53"
m ° (66' WIDE) --SE CORNER $10'42'Si'W
NW1/4,SW1/4. Ch -289.41'
SEC. 9, T89N, R2E 4. 17'25'10'
r33.00 ' FOUND WAG NAIL R-955.60'
33.00' REC. AS: 547.22' 27."W
R.O.W. LINE 548'31'48"W
REC. AS: S89 '22'24°W 142.62'
gg 69 REC.AS: N89 '57'59"W
_21.
'2a'22'W N88'48'45"4 733.12'
52.00'9�q 52.00' 52.00
6'22"W 644.85' N88'48'45'W 869.74'
9•79-7-24'W-647179.0'�- -- REC. A9: N89.57'59"W 899.75'
FOUND LD€RBY GRANGE ROAD (104°)
sET
MAG NAIL MAG
(TYP.) NAIL
17.62 ACRES TOTAL
-0.18 ACRES ROAD
17.44 ACRES NET
NO0'45'38'E 1289.33'
31.58 ACRES TOTAL
-2.16 ACRES ROAD
29.42 ACRES NET
3"
111111(
573 "20' 27'
281.94'
LOT 6
/�
fid' LOT 5
LOT 440
43
LOT 3
F
-1i-0. YT -LINE
SW CORNER
NW1/4, SW1/4
SEC.9, T89N, R2E
FOUND NAIL IN
ASPHALT ROAD
BED
ir-SW CORNER
SEC.9, T89N, R2E
FOUND STANDARD
CONC. MONUMENT
PROPRIETORS:
KENNETH L. TSCHARNER
6 ROSE E. TSCHARNER
SURVEY REQUESTED BY:
JIM KRESS
22514 FINLEYS LANDING ROAD
SHERRILL. IOWA 52073
SURVEY DESCRIPTION:
SEE SHEET 2
GRAPHIC SCALE
1"=300,
0
300
600
900
LOT 2
LOT 1 OF 1
LOT 2, LOT
N1/4,SW1/4 2 OF 1
I � ,E..rO
bo=a
.1 4ie
TOTAL AREA
68.97 ACRES TOTAL
-2.92 ACRES ROAD
66.05 ACRES NET
I hereby certify that this land surveying document was
prepared and the related survey work was performed
by me or under my direct personal supervision and that
I am a duly 1lcensyj L.,� Surveyor under the laws of
8 of I•wa.
Da " P. Schnei.er P.L.B. #54417
My license renewal date is December 31.
2007.
M1ena Pages or sheets covered by this seal: THIS SHEET
ONLY
9'35'W
1.27'
66'50'43"E
51,47'
300'05'47"E
•113.39'
REC. AS:
501'15'01"E
A-202.67"
531'37'53"W
Ch+201.15'
A- 24'19'06'
R-477.50"
SCHNEIDER
Land Surveying
Planning, Inc.
P.O. Box 128
Farley. Iowa 52046
Ph# 563-744-3831
Fax 563-741-3629
I Prosect: 1102os
IDate: B/13/2007
(Sheet: 1 of 5
Sheet 2 of 5
Survey Description — Tscharner Place No. 4, Dubuque County, Iowa.
A division of Lot 1 in Tscharner Place No. 3, in Section 9, Township 89 North, Range 2 East of
the 5th P.M., Dubuque County, Iowa, more particularly described as follows: Beginning at the
West Quarter corner of said Section 9; thence N00°02'13"W, 52.73 feet along the west line of
the Southwest Quarter of the Northwest Quarter of said Section 9 to the south line of La Vista
Estates No. 2, Dubuque County, Iowa, extended westerly; thence S89°21'39"E, 666.72 feet
along said south line; thence S89°38'55"E, 659.32 feet along said south line to the west line of
the Southeast Quarter of the Northwest Quarter of said Section 9; thence 589°25'08"E, 998.79
feet along the south line of said La Vista Estates No. 2 to the northwest corner of Lot 2 in
Tscharner Place No. 3; thence 500°34'52"W, 166.95 feet along the west line of said Lot 2 in
Tscharner Place No. 3; thence 573°20'27"E, 281.94 feet to the southeast corner of said Lot 2 in
Tscharner Place No. 3 and the centerline curve of John F. Kennedy Road; thence southwesterly
and southerly, 202.67 feet along said curve having a radius of 477.50 feet, concave to the
southeast, a central angle of 24°19'06" and a chord which bears S31 °37'53"W, 201.15 feet;
thence 519°27'59'W, 744.91 feet along said centerline to the beginning of a curve; thence
southerly, 290.53 feet along said curve having a radius of 955.60 feet, concave to the east, a
central angle of 17°25'10" and a chord which bears S10°42'51 "W, 289.41 feet to the centerline
of Derby Grange Road and the southeast corner of said Lot 1 in Tscharner Place No. 3; thence
N88°48'45'W, 869.74 feet along said centerline; thence N89°28'22"W, 644.85 feet along said
centerline to the southeast corner of Lot 1 in Tscharner Place No. 2; thence N00°32'38"E,
434.38 feet to the northeast corner of said Lot 1 in Tscharner Place No. 2; thence N89°04'33'W,
688.15 feet to the northwest corner of Lot 1 of Lot 2 in Tscharner Place, Dubuque County, Iowa;
thence N00°48'16"E, 905.28 feet along the west line of Lot 1 in Tscharner Place No. 3 to the
point of beginning, containing 68.97 acres, which includes 2.92 acres of existing public road
right of way.
This survey was performed for the purpose of subdividing Lot 1 in Tscharner Place No. 3, in
Section 9, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, lowa. This
property is subject to easements, reservations, restrictions and rights of way of record and not of
record, the plat of which is attached hereto and made a part of this certificate. All monuments
were placed or shall be placed within 30 days from the date this plat is recorded.
I hereby certify that this land survey document was prepared and the related survey work was
performed by me or under my direct personal supervision and that I am a duly licensed Land
Su - under the I: ['f the State of Iowa.
e/o(/leon. 7
Da • P. Schneider P.L.S. #14417 Date:
My license renewal date is December 31, 2007.
Pages or sheets covered by this seal: Surveyor's Certificate Only
Schneider Land Surveying & Planning, Inc.
P.O. Box 128 Farley, Iowa 52046 Job No. 1102
Phone: 563-744-3631 Fax: 563-744-3629
Email: daves@yousq.net Date: 8/13/2007
Sheet 3 of 5
per, ' OWNER'S CONSENT
+Utn.FAl,G} , Iowa OCt1 19ere , 2007
The foregoing plat of Tscharner Place No. 4, Dubuque County, Iowa, is made with the free consent and in
accordance with the desires of the undersigned owners and proprietors of said real estate.
Jc1foit L
Kenneth L. Tschamef
Rose E. Tschafner
State of Iowa )
) ss:
County of .1)14evil tl.r: )
On this h day of C)L fC 9ev . 2007, before me, a Notary Public in and for said county, personally
appeared Kenneth L. Tschamer and Rose E. Tschamer to me personally known, who being by me duly affirmed
did say that they said Kenneth L. Tscharner and Rose E. Tscharnerasknowledged the execution of said instrument
to be their voluntary act and deed voluntarily executed.
7PACI K. KANE
E Commis.' :9 Number 225816
MyGomm. Exp. 12/06/08
Notary Public in the State of Iowa
My Commission Expires
MORTGAGE HOLDERS ACKNOWLEDGMENT
The undersign for of
State of Iowa, do h by certify that the attached Final Plat of Tscharner Mace No. 4 ubuque County, Iowa, is
made with our free con _ t and In accordance with our desire as lien holder and gages of the premises
described herein.
Bank
President
State of Iowa
County of Dubuque
) ss:
City
.P.
On this day of '07 before me, the undersi• • =d, a Notary Public in and for said State,
personally appeared ./ and o me personally known, who being
by me duly sworn, did say that the re the , an
respectively, of the corporation - ecuting the within and foregoing instrument; that th al affixed thereto is the
seal of the corporation; tha e instrument was signed and sealed on behalf of the corpo n by authority of its
Board of Directors; and -t and s officers
acknowledged the e cution of the foregoing instrument to be the voluntarily act and deed of the oration, by it
and by them vol arily executed.
Notary Public in the State of Iowa
My Commission Expires
ATTORNEY'S OPINION
1, Jeffrey f.. Watters , a practicing attorney at law in (city) Dubuaue
Dubuque County, Iowa have examined the abstract of title to the land included within Tscharner Place No. 4,
Dubuque County, Iowa, said abstract has been prepared in its entirety by the Dubuqup Cod inty Abstract
and Title Company, and was last certified to by said company on the 18th day of Septa er, 2007, at the hour of
8:00 o'clock aM.
My examination of said abstract shows good and merchantable title on the date and hour of certif'ca 'on to be in
Kenneth L. Tschamer and Rose E. Tscharner. Dated at Dubustu- Iowa in saidour, y is /.,th
day of October , 2007.
Signatu
Attorney at Law
Na - (pr ted) Jeffrey L. Walters
Addres 080 Southport( Ct.
Dubuque, IA 5g0O3
Phone number 563.582.2926
Sheet 4 of 5
DUBUQUE COUNTY TREASURER
Dubuque, Iowa
, 2007
I the undersigned, 4.1*:A< <m ,rtify'ftiat,Treasurer of Dubuque County, Iowa do hereby Geajl t2ites,and
special assessments levied against Tscharner Place No. 4, Dubuque County, Iowa, hav .$'een paid and'Sai ..
real estate is free and clear of all taxes as of this date.
Dubuque, Iowa
County Treasurer,iubuque County, Iowa
COUNTY ASSESSOR
The fo g plat was r viewed in the office of the Dubuque County Assessor this
day of J.44 2 2007.
Dubuque, Iowa
(R9 2007
V,
County Assessor of Dubuque County,
COUNTY ENGINEER
440
Cl.s a 7 , 2007
I. AI 7.4 .. ro . , the Dubuque County Engineer, have received and examined the foregoing plat of
Tscharner Place No. 4, Dubuque County, Iowa, for compliance with the Dubuque County Platting and
Subdivision regulations and have found said plat to be acceptable.
s -c 1.
County Engineer of Dubuque County, Iowa
COUNTY PLATS OFFICER
Dubuque, Iowa /..%071. vZO , 2007
A,nv'.— Hn • 0 , the Dubuque County Plats Officer, have received and examined the foregoing plat
of Tscharner Place No. 4, Dubuque County, Iowa, for compliance with the Dubuque County Platting and
Subdivision regulations and have found said plat to be acceptable.
County Plats Officer of Dubuque County, Iowa
DUBUQUE COUNTY BOARD OF HEALTH
Dubuque, Iowa
4"' Si-" 2007
The forgoing plat of Key Tscharner Place No. 4, Dubuque County, Iowa is hereby approved by the Dubuque
County Board of Health and approval of said plat by the Dubuque County Board of Supervisors is hereby
recommended.
Dubuque County Board of Health -Chairperson
0
Sheet 5 of 5
CITY OF DUBUQUE PLANNING SERVICES
Dubuque, Iowa
e9u cr.'S® , 2007
The forgoing plat of Tscharner Place No. 4, Dubuque County, Iowa being within the two mile jurisdiction of the
City of Dubuque, Iowa has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance
with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has been endorsed herein on the
date first written above.
Planning Services Division, City of Dubuque, Iowa
City Planner
DUBUQUE COUNTY PLANNING AND ZONING
Dubuque, Iowa 1 1- , 2007
The forgoing plat of Tscharner Place No. 4, Dubuque County, Iowa is hereby approved by the Dubuque County
Planning and Zoning Commission and approval of said plat by the County Board of Supervisors is hereby
recommended.
Dubuque, Iowa
G
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11' �
DUouque Cot'y Planning & oning Com ion
cion
DUBUQUE COUNTY BOARD OF SUPERVISORS
f%,, , _? . 2007
The Dubuque County Board of Supervisors of the County of Dubuque, Iowa, do hereby certify that the foregoing
plat of Tschamer Place No. 4, Dubuque County, Iowa has been filed in the office of the County Board of
Supervisors and that by Resolution No. 0 7- 7., 1/ the Dubuque County Board of Supervisors have
reviewed and approved said plat.
Dubuque, Iowa
t wa• st iifei
The forgo'
day of
Chairperson
Attestfi.OH;
Dubuqu9 CountyAuditor
COUNTY AUDITOR
_AA' 7
orcallifin the office of the Dubuque County Auditor this 7 fes..
O approve of the subdivision name or title to be recorded.
,
Dubuque, Iowa
�) Coun Auditor of Dubuque County, Iowa
M •
, 2007
•
COUNTY RECORDER
The forgoing plat has been received by the Dubuque County Recorder this
�Pcta9R'? , 2007.
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if Unrrn, ;m„hiyr
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u
County R°;''order%f Dubuq ~' irnty tcoiaj3 ti's'
N Iff```
RESOLUTION NO. 397-15
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND
DERBY GRANGE, LLC FOR THE DEVELOPMENT OF PROPERTY AT THE
NORTHWEST CORNER OF JOHN F. KENNEDY ROAD AND DERBY GRANGE ROAD
Whereas, the City Council has identified Planned and Managed Growth as a Five-year
City Goal; and
Whereas, Planned and Management Growth includes exploring partnerships with
developers for residential development within the city of Dubuque; and
Whereas, Derby Grange, LLC is the owner of property at the northwest corner of John
F. Kennedy Road and Derby Grange Road; and
Whereas, Derby Grange, LLC has expressed a desire to enter into an agreement with
the City of Dubuque for the development of the Derby Grange, LLC property as a City of
Dubuque development; and
Whereas, it is the determination of the City Council that approval of the attached
Agreement between Derby Grange, LLC and the City of Dubuque (the Agreement) is in
the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Agreement is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Agreement
on behalf of the City 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 carry out the terms of the Agreement.
PASSED, APPROVED, AND ADOPTED this 16th day of November, 201
ATTEST:
Kevin iS. Flrnst`ahl, Cty Clerk
Ro,9b. Buol, Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 397-15 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 1st day of September, 2017.
Kev' S. Firnstahl; CMC,`tity Clerk