Metx, LLC - Second Amendment to DevelopmentCopyrighted
March 16, 2020
City of Dubuque Consent Items # 9.
ITEM TITLE: Metx, LLC - Second Amendment to Development
Agreement
SUMMARY: City Manager recommending approval of the Second
Amendment to Development Agreement with Metx, LLC,
which extends the completion date of the minimum
improvements to September 30, 2020.
SUGGESTED DISPOSITION:
RESOLUTION Approving the Second Amendment to
Development Agreement between the City of Dubuque,
Iowa and Metx, L L C
Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Metx Second Amendment to Development Agreement- City Manager Memo
MVM Memo
Staff Memo Staff Memo
Resolution Approving Second Amendment to DA Resolutions
Second Amendment to Development Agreement Supporting Documentation
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Second Amendment to Development Agreement - Metx, LLC
DATE: March 6, 2020
Dubuque
bitil
All-A.aia City
111111
2007.2012.2013
2017*2019
City Attorney Crenna Brumwell recommends City Council approval of the Second
Amendment to Development Agreement with Metx, LLC, which extends the completion
date of the minimum improvements to September 30, 2020.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
7'
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ
CITY ATTORNEY
To: MICHAEL C. VAN MILLIGEN, CITY MANAGER
DATE: MARCH 2, 2020
RE: SECOND AMENDMENT TO DEVELOPMENT AGREEMENT — METX, LLC
Dubuque
kraal
A11-Amei1 City
111111
2007-2012.2013
2017*2019
The Development Agreement between the City of Dubuque and Metx, LLC, was approved
on October 12, 2017. The First Amendment to the Development Agreement was
approved in 2019 adjusting the completion date for the minimum improvements from June
1, 2019 to June 1, 2020. Metx, LLC is requesting a Second Amendment to the
Development Agreement to extend the completion date of the minimum improvements to
September 30, 2020. Metx, LLC has experienced some timing issues related to the tax
credits for the project and this extension facilitates project completion with the tax credit
process.
Attached is a signed Second Amendment to the Development Agreement and resolution
approving the Second Amendment for placement on a City Council agenda.
cc: Jill Connors, Economic Development Director
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
Prepared by Crenna M. Brumwell 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
RESOLUTION NO. 86-20
APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA AND METX, LLC
WHEREAS, the City of Dubuque, Iowa (City) and Metx, LLC (Developer) entered into
a Development Agreement dated for reference purposes the 12th day of October 2017,
as amended by First Amendment to Development Agreement dated the 4th day of
November 2019; and
WHEREAS, City and Developer desire to amend the Development Agreement as set
forth in the attached Second Amendment to Development Agreement; and
WHEREAS, the City Council believes it is in the best interests of the City of Dubuque
to approve the Second Amendment to Development Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA THAT:
Section 1. The City of Dubuque hereby approves the Second Amendment to
Development Agreement between the City of Dubuque and the Metx, LLC.
Section 2 The Mayor is authorized and directed to sign the Second Amendment to
Development Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 16th day of March 2020.
Roy D. Buol, Mayor
Attest:
Kevin/S. Firnstahl, City Clerk
F:\Users\tsteckle\Brumwel I\Resolutions\Resol utionAp proving S econdAme ndmentTo DA_Metx_030220.d ocx
SECOND AMENDMENT
TO
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
METX, LLC
`' This Amendment to Development Agreement, dated for reference purposes the
eay of 7‘i" , 2020, is made and entered into by and between the City
of Dubuque, Iowa (City) and Metx, LLC (Developer).
Whereas, City and Developer previously entered into a Development Agreement
dated October 12, 2017 (the Development Agreement); and
Whereas, City and Developer have agreed to a prior Amendment to the
Development Agreement to modify the timing of the minimum improvements; and
Whereas, City and Developer have agreed to a Second Amendment to the
Development Agreement to modify the timing of the minimum improvements.
THEREFORE, in consideration of the mutual terms and covenants contained
herein, the parties agree as follows:
1. Section 2.3 of the Development Agreement is hereby amended to read as
follows:
2.3Timinq of Minimum Improvements. Developer hereby agrees that
construction of the Minimum Improvements on the City Property and the
Developer Property shall be commenced within thirty (30) days after the
Closing Date and shall be substantially completed by September 30, 2020. 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 Minimum
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 extraordinary delays. The time for performance of such obligations
shall be extended only for the period of such delay.
2. The remaining provisions of the Development Agreement remain unchanged and
in force.
CITY OF DUBUQUE, IOWA
By.
Roy D. B ol, Mayor
K vin S. Firnstahl, City Clerk
METX, LLC
By:
Its: