Medline Industries_Third Amendment to Development AgreementMasterpiece on the Mississippi
chael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
Dubuque
AU -Anita City
1 111 I
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Third Amendment to Medline Industries, Inc. Development Agreement
DATE: April 13, 2010
Economic Development Director Dave Heiar recommends City Council approval of a
Third Amendment to the Medline Industries, Inc. Development Agreement to provide a
time extension for LEED Certification to December 1, 2010.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: David J. Heiar, Economic Development Director
DATE: April 12, 2010
SUBJECT: Third Amendment to Medline Industries, Inc. Development
Agreement
F:\USERS\Econ Dev\Medline \Development Agreement \3rd Amendment to Medline DA memo.doc
Dubuque
bitil
All- amalcacity
1111
2007
INTRODUCTION
One of the provisions in the original development agreement with Medline Industries,
Inc. needs 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 amended Development Agreement provided an incentive if the building was LEED
certified by June 1, 2010. At the beginning of this project the construction time frame
was delayed. In addition, the LEED certification has taken longer than anticipated. All
the paperwork has been submitted but the review of this application will take additional
time. Therefore, the company has requested a time extension on this section of the
agreement until December 1, 2010.
All other provisions of the December 19, 2007 Development Agreement would remain
the same.
RECOMMENDATION
I recommend that the City Council approve the attached resolution approving the 3rd
amendment to the December 19, 2007 Development Agreement with Medline
Industries, Inc., to provide for a time extension for LEED Certification to December 1,
2010.
Prepared /Return to: David Heiar, Economic Development, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4393
RESOLUTION NO 107-10
RESOLUTION APPROVING THE THIRD 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 Third Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Third Amendment of the Medline Industries, Inc.
Development Agreement is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said
Third 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 Third Amendment as herein approved.
Att
Passed, approved and adopted this 19 day of • riI, 2010.
eanne F. Schneider, City Clerk
F: \USERS \Econ Dev \Medline \Development Agreement \Resolution approving Third DA amendment.doc
Roy D. Buol, Mayor
THIRD AMENDMENT
TO
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF DUBUQUE
AND
MEDLINE INDUSTRIES, INC.
This Third Amendment to Development Agreement, dated for reference
purposes the 19 day of April, 2010, 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 19 of December 2007 (the Development Agreement); and
Whereas the previously amended Development Agreement provides in
Section 3.3 that the Developer would have the building LEED certified by June 1,
2010; and
Whereas City and Developer have agreed to further amend the
Development Agreement to extend the date for LEED Certification to December 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 arnended to
read as follows:
3.3 LEED Certification Rebate. If Developer, by not later than
December 1, 2010, provides City with evidence of Basle 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.
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CITY OF DUB a UE, IOWA
By:
R•y D.,; oI, Mayor
Bv
eanne F. Schneider, City Clerk
MEDLINE I D STRIES, INC.
By:
Jern �' • rams, COO
F : \USERS\Econ Dev \Medline \Development Agreement \3rd Amendment to Medline DA.doc
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