Mediline Industries Second Amendment to Development AgreementTHE CTTY OF ~~
DLTB- E
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
AN-Am~aCitll
.~~.~
2007
SUBJECT: Second Amendment to Medline Industries, Inc. Development Agreement
DATE: February 11, 2009
Economic Development Director Dave Heiar recommends City Council approval of the
Second Amendment to the December 19, 2007 Development Agreement with Medline
Industries, Inc. to provide for a time extension for LEED Certification to June 1, 2010.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micha I C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
THE CITY OF
DUB E
Masterpiece on the Mississippi
Dubuque
~~
2007
February 11, 2008
TO: Michael Van Milligen, City Manager
FROM: David J. Heiar, Economic Development Director ~,
SUBJECT: Second Amendment to Medline Industries, Inc. Development
Agreement
INTRODUCTION
Some of the provisions in the original development agreement with Medline Industries,
Inc. need to be modified to reflect the current schedule.
DISCUSSION
On December 19, 2007, the City Council approved a development agreement with
Medline Industries, Inc. for the construction of an office building in the DICW. The
development agreement provided for a substantial completion deadline of December
30, 2008. The initial planning stages and project design have taken somewhat longer
than initially anticipated due to soil boring results. The City Council extended this
deadline to April 30, 2009.
The original Development Agreement also provided an incentive if the building was
LEED certified by January 1, 2010. Since the construction time frame was delayed, this
certification will also take longer. Therefore, the company has also requested a time
extension on this section of the agreement until June 1, 2010.
All other provisions of the December 19, 2007 Development Agreement would remain
the same.
RECOMMENDATION
recommend that the City Council approve the attached resolution approving the 2"d
amendment to the December 19, 2007 Development Agreement with Medline
Industries, Inc., to provide for a time extension for LEED Certification to June 1, 2010.
F:\USERS\DHeiar\Medline\2nd Amendment to Medline DA memo.doc
SECOND AMENDMENT
TO
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF DUBUQUE
AND
MEDLINE INDUSTRIES, INC.
This Second Amendment to Development Agreement, dated for reference
purposes the 16t" day of February, 2009, is made and entered into by and between
the City of Dubuque, Iowa (City) and Medline Industries, Inc., an Illinois business
corporation with its principal place of business in Mundelein, Illinois (Developer).
Whereas City and Developer previously entered into a Development
Agreement dated the 19t" of December 2007 (the Development Agreement); and
Whereas the Development Agreement provides in Section 3.3 that the
Developer would have the building LEED certified by January 1, 2010; and
Whereas City and Developer have agreed to amend the Development
Agreement to extend the date for LEED Certification to June 1, 2010; and
Whereas the parties desire to amend the Development Agreement to set
forth such amendment in writing.
THEREFORE, in consideration of the mutual terms and covenants contained
herein, the parties agree as follows:
1. Section 3.3 of the Development Agreement is hereby amended to
read as follows:
3.3 LEED Certification Rebate. If Developer, by not later than June
1, 2010, provides City with evidence of Basic LEED certification of the Minimum
Improvements, City shall pay to Developer a rebate of $3,000 per usable acre
purchased. If the minimum improvements obtain a Silver level LEED certification,
the rebate will be $6,000 per usable acre purchased. A Gold level LEED
certification will earn a rebate of $9,000 per usable acre purchased.
2. Except as modified herein, the Development Agreement shall remain
in full force and effect.
1
CITY OF DUBUQUE, IOWA MEDLINE INDUSTRIES, INC.
By:
Roy D. Buol, Mayor
By:
Jeanne F. Schneider, City Clerk
F:\USERS\DHeiar\Medline\Second Amendment to DA.doc
By:
James Abrams, COO
2
Prepared/Return to: David Heiar, Economic Development, 50 W. 13t" Street, Dubuque, IA 52001 (563) 589-4393
RESOLUTION NO. 64-09
RESOLUTION APPROVING THE SECOND AMENDMENT TO THE MEDLINE
INDUSTRIES, INC. DEVELOPMENT AGREEMENT
Whereas, a Development Agreement (the Agreement), dated December 19,
2007, was entered into by and between the City of Dubuque, a municipal corporation of
the State of Iowa (City), and Medline Industries, Inc. an Illinois Corporation; and
Whereas, City and Medline Industries, Inc. now desire to amend the
Development Agreement as set forth attached Second Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Second Amendment of the Medline Industries, Inc.
Development Agreement is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said
Second Amendment on behalf of the City of Dubuque and the City Clerk is authorized
and directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are
necessary to implement the terms of the Second Amendment as herein approved.
Passed, approved and adopted this 16th day of February, 2009.
Roy D. Buol, Mayor
Atte~t°
~,~~
eanne F. Schneider, City Clerk
F:\USERS\DHeiar\Medline\Resolution approving second DA amendment.doc