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Interstate Power 2nd Amend AgreMEMORANDUM May 23, 2003 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Second Amendment to Development Agreement Between City and Interstate Power and Light Company Economic Development Director Bill Baum recommends City Council approval of a Second Amendment to the Development Agreement between the city and Interstate Power and Light Company providing for the development of property purchased by Interstate Power in the Dubuque Industrial Center West. The Development Agreement anticipated construction of the facility to be complete 18 months after a 2002 commencement. Due to the volatility of the state and national economy and its effects on the gas and electric industry, Interstate Power and Light Company has requested to delay completion of construction until on or before December 31, 2007. They will, however, be completing a $1.7 million substation along Seippel Road in 2004. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager William Baum, Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM May 22,2003 TO:Michael Van Milligen, City Manager FROM:William Baum, Economic Development Director SUBJECT:Second Amendment to Development Agreement Between City and Interstate Power and Light Company INTRODUCTION This memorandum presents for City Council consideration a Second Amendment to the Development Agreement between the City and Interstate Power and Light Company providing for the development of property purchased by Interstate Power in the Dubuque Industrial Center West. The Second Amendment is attached to this memorandum. DISCUSSION On November 19, 2001, the City Council approved a Development Agreement with Interstate Power Company following a public hearing. The Agreement set out the terms and conditions of the sale and development of land in the Dubuque Industrial Center West. At the time of the Agreement, the proposed schedule for construction of a new Dubuque Operations Center anticipated construction of the facility to be complete 18 months after a 2002 commencement. The attached letter from John O. Larsen, Managing Director, requests a time extension for the project. Due to the volatility of the state and national economy and its effects on the gas and electric industry, their construction plans have been delayed. They will, however, be completing a $1.7 million substation along Seippel Road in 2004. RECOMMENDATION I recommend that the City Council approve the attached Second Amendment to Development Agreement and authorize the Mayor and City Clerk to sign on their behalf. attachment F:\USERS\Pmyh re\WPDOCS~LOANDOC~ALLIANT~dvlEND2,mem.doc SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This Second Amendment to Development Agreement (the "Amendment') is made as of the 2nd day of June, 2003, by and between the City of Dubuque, Iowa, a municipality (the "City") established pursuant to the Code of Iowa of the State of Iowa and acting under authorization of Chapter 403 of the Code of Iowa, as amended, and Interstate Power and Light Company, an Iowa corporation, formerly known as Interstate Power Company (the ~Developer"). WHEREAS, the City and the Developer are parties to a Development Agreement dated as of November 19, 2001, and as further amended, (the "Development Agreement"), with respect to the construction of certain Minimum Improvements on the Development Property described therein; and WHEREAS, the Development Agreement provides for construction of Minimum Improvements to commence in 2002 with completion eighteen months thereafter; and WHEREAS, the parties have determined to amend the Development Agreement so as to provide an extension through the year 2007 for completion of construction. NOW, THEREFORE, in consideration of the premises and the mutual obligations ofthe parties thereto, each of them does hereby covenant and agree with the other as follows: Section 1. Timing of Improvements. The parties hereby acknowledge and agree that construction of Minimum Improvements on Property shall be substantially completed on or before December 31, 2007. Section 2. Ratification. Except as set forth herein, all ofthe terms and conditions of the Development Agreement are herebyratified, confirmed and approved and remain in full force and effect as provided therein. Section 3. Bindin,q Effect. This Amendment shall be binding upon and shall enure to the benefit of the City and the Developer and their respective successors and assigns. IN WITNESS WHEREOF, the parties have caused this Amendment to be e)ecuted by their respective duly authorized officers or representatives, as of or on the day first written above. CITY OF DUBUQUE, IOWA By: Terrance M. Duggan, Mayor ATTEST: By: Jeanne F. Schneider, City Clerk INTERSTATE POWER AND LIGHT COMPANY By: John O. Larsen Managing Director F:\USERS~Pmyhre\WPDOCS',LOANDOC~ALLIANT~amendment;dev.doc ALLIANT ENERGY Honorable Mayor and City Council City of Dubuque Dubuque, Iowa May 15, 2003 Managing Director Agiant Energy Corporation 1000 Main Street P.0. Box 769 Dubuque, IA 52~04-076g Re:Alliant Energy's New Operations Center Subject:Request for Completion Date Change Dear Honorable Mayor and City Council, On November 19, 2001, the Dubuque City Council adopted Resolution 495-01, allowing Interstate Power and Light Company (IPL) (formerly known as Interstate Power Company) an Alliant Energy Company, to purchase 16.7 acres of land in the Dubuque Industrial Center West 2nd Addition. The development agreement contained within the provisions of the adopted resolution stated that IPL would commence with "Minimum Improvements" On the acquired land during calendar year 2002, end consmaetinn of the new Operations Center in Dubuque would bo completed within eighteen months. This letter respectfully requests an extenmon of the required time for completion of the Dubuque Operations Center. Our company is meeting the obligations of the commencement dates stated in Resolution 495-01. The work on the Dubuque Operations Center began in 2002 with soils investigation, topographic survey work and schematic design work. The company is currently proceeding with the preparations of the detailed facility plans end specifications, end anticipates completion of this phase in July 2003. Our company is requesting an extension of time for the completion of the Dubuque Operations Center. The request is based upon Alliant Energy's efforts to focus its resources on increasing the reliability of our electric and gas systems. In addition, the volatility of the state and national economy is presenting the gas and electric industry with unique challenges at this juncture. We are requesting an extension through the year 2007 for the completion of the Dubuque Operations Center. As demonstrated with our continued efforts on the design phase of this project, IPL is committed to constructing a new operations center in Dubuque. It is our intent to complete the design work of tho project and initiate the construction phase as soon as it is feasible. While we are proposing to delay our operations center we are proceeding with the construction of the new IPL Seipel Road Substation, located in Dubuque's Industrial Center West. The completion of the $1.7 million substation is scheduled for 2004, and will support the canxent and future energy needs of Dubuque's industrial partners. Thank you for your consideration of this request. Sincerely, John O. Larsen Managing Director cc: Vern Gebhart Steve Baker Steve Gladson Dave I-Iingtgen