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Adams Co. EDA Loan AgreeMEMORANDUM July 1, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Amendment #1 to Contract with the Economic Development Administration In December of 2002, the City Council approved a contract with the Economic Development Administration (EDA) for $2,000,000 to assist the city in acquiring the Adams Company property, relocating the business and demolishing the existing structures. The city's grant agreement with EDA stipulates that the project expenditures would start by June 17, 2003, and the project would be completed by June 14, 2004. Because the dates are not realistic, an extension of the contract dates has been requested. Economic Development Director Bill Baum recommends City Council approval of Project Amendment #1 with the Economic Development Administration, extending the start date to December 17, 2003, and the end date to June 17, 2005. 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 J. Baum, Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM June 17,2003 TO: FROM: SUBJECT: Michael Van Milligen, City Manager ~/i Iml iearr~ On~ eBn~ u#r~ 't ~c~:~r iaCc~ew~' ~i°tPhr~ eEnloD~ r(~ Cmt ;cr E~elo~pment~'-~'-- Administration INTRODUCTION The attached resolution provides for the formal approval of an amendment to the City's existing contract with the Economic Development Administration for a $2 Million grant for the acquisition of property and relocation of the Adams Company. DISCUSSION In December of 2002, the City Council approved a contract with the Economic Development Administration (EDA) for $2,000,000 to assist the City in acquiring Adams Company's property, relocating the business, and demolishing the existing structures. Since that time, the City had been negotiating the terms and conditions of a Development Agreement with the Company, which the City Council approved on May 19, 2003. We anticipate a closing on the property no later than November 1, 2003. The City's grant agreement with EDA stipulates that the project expenditures would start by June 17, 2003, and the project would be completed by June 14, 2004. Because the dates are not realistic, I requested an extension of the contract dates. EDA has responded and has provided Project Amendment #1 to the contract, extending the start date to December 17, 2003, and the end. date to June 17, 2005. RECOMMENDATION I recommend the City Council adopt the attached resolution approving the Project Amendment #1 with the Economic Development Administration. F:\USERS\WBaum~EDA APPLICATION FOR ADAMS COMPANY~vlemo from Bill Baum to Mike Van Miliigen on EDA contract extension.doc RESOLUTION NO. 225-03 RESOLUTION AUTHORIZING THE EXECUTION OF PROJECT AMENDMENT NO. TO A CONTRACT WITH THE ECONOMIC DEVELOPMENT ADMINISTRATION Whereas, the City Council of Dubuque has approved a contract with the Economic Development Administration (EDA) for a $2 Million grant to assist to assist in the acquisition of property owned by the Adams Company in the Port of Dubuque, relocation of the Company, and demolition of the existing facility; and Whereas, because of the need to facilitate the negotiation of a Development Agreement with the Adams Company for the pumhase of the company's property, the implementation of the contract has been delayed and an extension of time has been requested, and Whereas, EDA has provided a proposed six month extension of time for the start of the project, and has submitted Project Amendment No. I of the contract to the City for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Project Amendment #1 with EDA for an extension of time is hereby approved. Section 2. That the Mayor is hereby authorized to execute, and the City Manager is hereby directed to submit said Project Amendment #1 to the Economic Development Administration. Passed, approved, and adopted this 7th day of July, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk F:\USERS\WBaum~EDA APPLICATION FOR ADAMS COMPANY~esolL, tion approwng EDA Amendment #1.doc U.S. DEPARTMENT OF COMMERCE Economic Development Administration DENVER REGIONAL OFFICE 1244 Speer Boulevard, Room 670 Denver, Colorado 80204-3584 (303) 844-5455 FAX (303) 844-3968 E-Mail: MKathrynAIspach@eda.doc.gov June 4, 2003 In Reply Refer to: Project No: 05-01-03816 Mr. Wilham J. Baum, Director Economic Development Department City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4864 Re: Project Amendment No. 1 Dear Mr. Baum: An amendment which revises the Project Development Time Schedule, as set forth in Special Condition No.1 of the Financial Assistance Award, has been processed. This Amendment provides a 6-month time extension for start of construction of the project. The principal reasons for the need of a time extension are (1) to facilitate the negotiation of a development agreement with the Adams Company for the purchase of the company's property and the relocation of the company. A Phase 1I Environmental Assessment and clean-up plan will also need to be completed and submitted for EDA's review prior to closing. The original Project development time schedule was as follows: Time allowed after approval of the Financial Assistance Award for: Start of Construction Construction Period 06 months (June 17, 2003) 18 months (June 17, 2004) Subject to your acceptance, Special Award Condition No. 1 of the Financial Assistance Award is hereby amended to reflect the following: Start of Construction Construction Period 12 months (December 17, 2003) 18 months (June 17, 2005) All other terms and conditions of the Financial Assistance Award shall remain in full force and effect. If the provisions of this Amendment are acceptable, please sign both copies and return one copy to the Denver Regional Office. Retain the other copy for your files. Amendment No. 1 EDA Project No. 05-01-03816 City of Dubuque Page 2 Your acceptance of the Offer to Amend the Financial Assistance Award should be indicated by the signature of your principal official, and certified by an official other than the accepting official, on the signed copies of the Amendment. The acceptance copy must be returned to the Denver Regional Office, Economic Development Administration, 1244 Speer Boulevard; Room 670, Denver Colorado 80204. Anthony J. Pre~te Regional Director Acceptance: The Grant Amendment is hereby accepted this by the City of Dubuque, Iowa day of June, 2003 Signature of Principal Official Printed Name Certification: Signature Printed Name U.S. DEPARTMENT OF COMMERCE Economic Development Administration DENVER REGIONAL OFFICE 1244 Speer Boulevard, Room 670 Denver, Colorado 80204..3584 (303) 844-5455 FAX (303) 844-3968 E-Mail: MKathrynAIspach@eda.doc.gov June 4, 2003 In Reply Refer to: Project No: 05-01-03816 Mr. William J. Baum, Director Economic Development Department City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4864 Re: Project Amendment No. 1 Dear Mr. Baum: An amendment which revises the Project Development Time Schedule, as set forth in Special Condition No.1 of the Financial Assistance Award, has been processed. This Amendment provides a 6-month time extension for start of construction of the project. The principal reasons for the need of a time extension are (1) to facilitate the negotiation of a development agreement with the Adams Company for the purchase of the company's property and the relocation of the company. A Phase 1/Environmental Assessment and clean-up plan will also need to be completed and submitted for EDA's review prior to closing. The original project development time schedule was as follows: Time allowed after approval of the Financial Assistance Award for: Start of Construction Construction Period 06 months (June 17, 2003) 18 months (June 17, 2004) Subject to your acceptance, Special Award Condition No. 1 of the Financial Assistance Award is hereby amended to reflect the following: Start of Construction Construction Period 12 months (Deccunber 17, 2003) 18 months (June 17, 2005) All other terms and conditions of the Financial Assistance Award shall remain in full force and effect. If the provisions of this Amendment are acceptable, please sign both copies and return one copy to the Denver Regional Office. Retain the other copy for your files. Amendment No. 1 EDA Project No. 05-01-03816 City of Dubuque Page 2 Your acceptance of the Offer to Amend the Financial Assistance Award should be indicated by the signature of your principal official, and certified by an official other than the accepting official, on the signed copies of the Amendment. The acceptance copy must be returned to the Denver Regional Office, Economic Development Administration, 1244 Speer Boulevard; Room 670, Denver Colorado 80204. ~mthony J. Preite Regional Director Acceptance: The Grant Amendment is hereby accepted this by the City of Dubuque, Iowa day of June, 2003 Signature of Principal Official Printed Name Certification: Signature Printed Name