Amendment to Development Agreement - Derby Grange, LLCCopyrighted
October 4, 2021
City of Dubuque Consent Items # 10.
City Council Meeting
ITEM TITLE: Amendmentto Development Agreement- Derby Grange, LLC
SUMMARY: City Manager requesting review and approval of a resolution amending
the development agreement and the amendment to the development
agreement with Derby Grange, LLC.
RESOLUTION Approving the First Amendment to Development
Agreement between the City of Dubuque, Iowa and Derby Grange, LLC
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
FIN aLN:ILyil21zIII l+]
Description Type
Amendment to Development Agreement - Derby City Manager Memo
Grange, LLC-MVM Memo
Staff Memo Staff Memo
Resolution
Resolutions
Amendment Supporting Documentation
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amendment to Development Agreement - Derby Grange, LLC
DATE: September 29, 2021
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
City Attorney Crenna Brumwell is requesting City Council review and approval of a
resolution amending the development agreement and the amendment to the
development agreement with Derby Grange, LLC.
Derby Grange, LLC originally planned a three phase development of residential units.
Derby Grange, LLC sold one phase of the development to Vintage Estates for
construction of a residential cooperative ownership development.
The Development Agreement needs to be amended to remove Phase 3 from the
Development Agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
L[yTI LWA
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ.
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: September 29, 2021
RE: Amendment to Development Agreement - Derby Grange, LLC
On November 4, 2015, the City and Derby Grange, LLC entered into a Development
Agreement for the development of property on Derby Grange Road. Derby Grange, LLC
originally planned a three (3) phase development of residential units. Derby Grange,
LLC sold one (1) phase of the development to Vintage Estates for construction of a
residential cooperative ownership development.
The Development Agreement needs to be amended to remove Phase 3 from the
Development Agreement.
I respectfully submit the attached resolution amending the development agreement and
the amendment to the development agreement for review and approval of the City
Council. Thank you.
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 Barry A. Lindal Esq. 300 Main St., Ste. 330 Dubuque IA 52001-6944 (563) 583-4113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13" St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 334-21
APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA AND DERBY GRANGE, LLC
Whereas, City and Developer previously entered into a Development Agreement
dated the 4th of November 2015 (the Development Agreement) for the development of
property on Derby Grange Road (the Development Property); and
Whereas, the Developer originally planned a three (3) phase development of
residential units on the Development Property; and
Whereas, the Developer has sold Phase 3 of the Development Property for
construction of a residential cooperative ownership development; and
Whereas, City and Developer have agreed to this Amendment to the Development
Agreement to remove Phase 3 from the Development Agreement; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque
to approve the First Amendment to Development Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The City of Dubuque hereby approves the First Amendment to
Development Agreement between the City of Dubuque and Derby Grange, LLC.
Section 2. The Mayor is authorized and directed to sign the First Amendment to
Development Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 4th day of October, 2021.
<1
Roy D. B I, Mayor
Attest: A
Adrienne N. Breitfelder, City Clerk
AMENDMENT
TO
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DERBY GRANGE, L.L.C.
This Amendment to Development Agreement, dated for reference purposes the
f ' day of k-,c l' , 2021, is made and entered into by and between the City
of Dubuque, Iowa ( ity) and Derby Grange, L.L.C. (Developer).
Whereas, City and Developer previously entered into a Development Agreement
dated the 4E" of November 2015 (the Development Agreement) for the development of
property on Derby Grange Road (the Development Property); and
Whereas, the Developer originally planned a three (3) phase development of
residential units on the Development Property; and
Whereas, the Developer has sold Phase 3 of the Development Property for
construction of a residential cooperative ownership development; and
Whereas, City and Developer have agreed to this Amendment to the Development
Agreement to remove Phase 3 from the Development Agreement.
THEREFORE, in consideration of the mutual terms and covenants contained
herein, the parties agree as follows:
1. Section 1 of the Agreement is hereby amended to read as follows:
SECTION 1. LEGAL DESCRIPTION OF PROJECT AREA.
ALL THAT PART OF THE RIGHT OF WAY OF JOHN F. KENNEDY ROAD
LYING BETWEEN THE NORTHWESTERLY RIGHT OF WAY LINE OF
NORTHWEST ARTERIAL (IOWA STATE HIGHWAY #32) AND THE
SOUTHEASTERLY EXTENSION OF THE SOUTH LINE OF LOT 2 OF
TSCHARNER PLACE NO. 3, IN DUBUQUE COUNTY, IOWA.
ALL THAT PART OF THE RIGHT OF WAY OF DERBY GRANGE ROAD
LYING EASTERLY OF THE SOUTHERLY EXTENSION OF THE EAST
LINE OF LOT 1-2 OF TSCHARNER PLACE, IN DUBUQUE COUNTY,
IOWA.
LOTS A, B, C, E, F AND G OF RUSTIC POINT ESTATES, IN THE CITY
OF DUBUQUE, IOWA; AND
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LOTS 8 THRU 11, INCLUSIVE, AND LOTS 17 THRU 20, INCLUSIVE, AND
LOTS 27 THRU 33, INCLUSIVE, AND LOTS 44 THRU 49, INCLUSIVE, OF
RUSTIC POINT ESTATES, IN THE CITY OF DUBUQUE, IOWA; AND
LOTS 1-12 AND 2-12 OF RUSTIC POINT ESTATES, IN THE CITY OF
DUBUQUE IOWA, AND
LOTS 1-13 AND 2-13 OF RUSTIC POINT ESTATES, IN THE CITY OF
DUBUQUE IOWA; AND
LOTS 1-14 AND 2-14 OF RUSTIC POINT ESTATES, IN THE CITY OF
DUBUQUE IOWA; AND
LOTS 1-15 AND 2-15 OF RUSTIC POINT ESTATES, IN THE CITY OF
DUBUQUE IOWA; AND
LOTS 1-21 AND 2-21 OF RUSTIC POINT ESTATES, IN THE CITY OF
DUBUQUE IOWA; AND
LOTS 1-22 AND 2-22 OF RUSTIC POINT ESTATES, IN THE CITY OF
DUBUQUE IOWA; AND
LOTS 1-23 AND 2-23 OF RUSTIC POINT ESTATES, IN THE CITY OF
DUBUQUE IOWA; AND
LOTS 1-24 AND 2-24 OF RUSTIC POINT ESTATES, IN THE CITY OF
DUBUQUE IOWA; AND
LOTS 1-25 AND 2-25 OF RUSTIC POINT ESTATES, IN THE CITY OF
DUBUQUE IOWA; AND
LOTS 1-26 AND 2-26 OF RUSTIC POINT ESTATES, IN THE CITY OF
DUBUQUE IOWA; AND
ALL OF RUSTIC POINT ESTATES #2, IN THE CITY OF DUBUQUE,
IOWA, EXCEPTING THEREFROM LOT Q; AND
ALL ADJOINING PUBLIC RIGHT OF WAY IN DERBY GRANGE ROAD
AND JOHN F. KENNEDY ROAD
ALL IN THE CITY OF DUBUQUE, IOWA
PARTS OF LOT 1 OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 9, T89N, R2E OF THE 5T" P.M.,
AND LOT 1 SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 8, T89N, R2E OF THE 5TH P.M., AND LOT 2 OF ASBURY
E
PLAZA NO 16, IN DUBUQUE COUNTY, IOWA, BEING A STRIP OF LAND
200' FEET IN WIDTH LYING 100' ON EACH SIDE OF THE FOLLOWING
DESCRIBE❑ CENTERLINE:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE
OF DERBY GRANGE ROAD WHICH IS APPROXIMATELY 481.50 FEET
EASTERLY OF THE WEST LINE OF THE SOUTHEAST OF THE
SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 89 NORTH,
RANGE 2 EAST OF THE FIFTH P.M., DUBUQUE COUNTY, IOWA,
THENCE SOUTH 53 DEGREES 08 MINUTES 16 SECTIONS WEST A
DISTANCE OF 916.16 FEET, THENCE SOUTH 33 DEGREES 56
MINUTES 58 SECONDS WEST A DISTANCE OF 764.04 FEET; THENCE
SOUTH 86 DEGREES 47 MINUTES 56 SECONDS WEST A DISTANCE
OF 504.36 FEET; THENCE SOUTH 41 DEGREES 33 MINUTES 58
SECONDS WEST A DISTANCE OF 415.37 FEET TO A POINT ON THE
EASTERLY LINE OF EASEMENT "B" AS SHOWN ON DOCUMENT
NUMBER 2008-00016144 IN THE OFFICE OF THE DUBUQUE COUNTY
RECORDER AND THE POINT OF TERMINATION.
2. Exhibit A of the Agreement, is deleted and following substituted in lieu thereof:
3
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Sheet 6 of 8
Surve ofs Certificate
I, Terry L. Koelker, a Duly Licensed Land Surveyor in the Stale of Iowa, do hereby certify that the
following real estate was surveyed and platted by me or under my direct personal supervision, To Wit:
Lot D of Rustic Point Esletes, in the City of Dubuque, Dubuque County, Iowa.
This survey was performed for the purpose of subdividing and platting said real estate henceforth to be
known as RUSTIC POINT ESTATES #2 in the City of Dubuque, Dubuque County, Iowa. The Total
area of RUSTIC POINT ESTATES #2 is 35.303 acres. All Lot areas are more or less and all Lots are
subject to easements, reservations, restrictions, and Fights•of-way of record and not of record, the plat
of which is attached hereto and made a part of this certificate. All monuments are placed or shall be
placed within one year from the date this plat is recorded.
I hereby certify that this land surveying document was prepared and the related survey work was
performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor
under the laws of the Stale of Iowa.
t3Y.- ly lam,
Terry L. Koelker Date
Licensed Land Surveyor
License No. 15487 License Renewal Dale: 12/31/21
Owner's Consent
Dubuque, Iowa A9-,tr-/Q, a12021
The foregoing Final Plat of: RUSTIC POINT . ESTATES 42 in the City of Dubuque, Dubuque County,
Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and
proprietors of said real estate. We hereby dedicate Lot J for Storm Water Detention Basin purposes,
Lot K for Public Park purposes, and Lot L (Wagon Wheel La.), Lot M (Sickle Ln,), Lot N (Rustic Point
Ln-), Lot O (Wagon Wheel Ln.), and Lot P (Lasso Ct,) for street and utility purposes, and all easements,
except as noted on Sheet 1, as stated and as shown, to the public.
Derby Grange, LLC
State of Iowa }
County of Dubuque } Ss:
On this 17 day of k4 U.% , AD 2021, before me the undersigned, A Notary
Public in and for the State of Iowa, Ifersonally appeared LOV1to me personally
known, who, being duly sworn did say that he is a Paflner of Derby range, LLC and that the seas
affixed to the above instrument was signed and sealed on behalf of said limited liability company by
authority of Its Board of Directors, and that said , acknowledged the execution
of said Instrument to be the voluntary act and doed of said limit d liability company by it voluntarily
executed.
Witness my hand and Notarial Seal on the dale above written.
r J r [
r , ;": r•f.c3e �1P R f I� lV rn e rf
'MY' •..f % a Pub ic.m and for the State of Iowa
.trmrv-M4in' t%7�-f�irs5 �-�S2oZt
Attorney's Certificate
Dubuque, Iowa
TO WHOM IT MAY CONCERN:
$heel 7 of B
Qygdsf 20 , 2021
This will certify that I have examined the abstract of title covering Lot D of Rustic Paint Estates, in the
City of Dubuque, Dubuque County, Iowa, according to plats thereof covering the period from
govemmerrt en1 to 5 t Zdz I aF ; [xY a .
certified on
that date by �fr- 1 7� %
and find that said
abstract shows good and merchantable iitfe to said real estate in
LA C. ' .-A
f rab6 ♦♦X C•r �- free and clear of all lions and encumbranceV
sows taxes paid
including taxes for the year 7-0j4 - za
ir'PPoPer`iy �s sd cc-F -h, a +`+erg�e:
Serfe be zol7
PrcMie� �""K "{ed ,
fej Sep4e�6er 13, zp17 41 X1s 0 -,e-t" Attorne-at-Law
County Treasurer's Certificate
Dubuque, Iowa 43�lvo�`
g ao 2021
1, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do hereby t prlify that all taxes
levied against Lot D of Rustic Point Estates, in the City of Dubuque, Dubuque
County,14l7g; h been
paid and said real estate is free from taxes as of this date.
Treasurer of Dubu
unty, Q�Va '
�+ IVA
''+�jr+�lQ•
Cit�oi Dubuque Plannlng Services
+.. •```��
Dubuque, Iowa
" f .2021
The foregoing Final Plat of: RUSTIC POINT ESTATES tk2 In the Clty of Dubuque. Dubuque County,
Iowa, is hereby approved by City Planner of the City of Dubuque, Iowa, and approval of said plat by the
City CQun6l of the City of Dubuque is hereby recommended.
W TVVAKjriio—ntAW anner
C of buque
City of Dubuque, Iowa
Dubuque, Iowa 2021
Nnn y C.5pfa K, Nrr P"Teern Ad,L,,,, sr,.i ri3er
UA
The undersigned,ftuyti,.— f-Magnr. and h'ewrrFig staht�tlerk, of the City of Dubuque, Iowa, do
hereby certify that the foregoing Final Plat of: RUSTIC POINT ESTATES #2 in the City of Dubuque,
Dubuque County, Iowa, and the dedication of Lot J for Storm Water Detention Basin purposes, Lot K
for Public Park purposes, and Lot L (Wagon Wheel Ln.), Lot M (Sickle Ln,), Lot N (Rustic Point Ln.), Lot
O (Wagon Wheel Ln.), and Lot P (Lasso Cl,) for street and utility purposes, and all easements, except
as noted on Sheet 1, as staled pnd as shown, to the public, as appears heretofore has been filed on
E7 day of AugU5-r ,2021asresofulion# A91-dI in the offneofthe
City Clerk of Dubuque, Ie va and that the City Council of the City of Dubuque, Iowa, approves said plat.
Ma or o e Ci of Dubuque, IA
,,, Tim
Clerk of the City of Dubu ue, IA
10
Sheet 6 of 6
City Assessor's Certificate
Dubuque, Iowa �, 2021
The foregoing Final Plat of: RUSTIC POINT ESTATES #2 in the City of Dubuque, Dubuque County,
Iowa, was entered of record in the Office of the City Assessor of the City of Dubuque, Iowa, on the date
first written above,
City Asses r, City of Dubuque.
County Auditor
Dubuque, Iowa 20 , 2021
The foregoing Final Plat at: RUSTIC POINT ESTATES #2 in the City of Dubu ue' CJ ar que y�op'� y,
Iowa, was entered of record in lie office of the Dubuque County Auditor This `�� d y os-�
woof 2021. 0 ! �- �31
We approve of the subdivision name or title to be recorded.
County uditoroff buque,IofiT"-- r
Recorder's Certificate
Dubuque, Iowa ��t g 2( , 2021
Thllforegoing Final Plat of: RUSTIC POINT ESTATES #2 in the City of Dubuque, Dubuque County,
Iowa, has been reviewed by the Dubuque County Recorder.
J?�..
;p• JoWMvrohy
Dubuque County RecorderW/1e���ft
o� WTI
11
Prepared by: Wally Wemimont, City Planner Address: City Hall, 50 W. 130 St (563) 589-4210
Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 West 131' St (563) 589-4121
RESOLUTION NO. 281-21
A RESOLUTION AUTHORIZING APPROVAL OF THE FINAL PLAT OF RUSTIC
POINT ESTATES #2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Rustic Point
Estates #2 in the City of Dubuque, Dubuque County, Iowa; and
Whereas, upon said final plat appear public streets to be known as Wagon
Wheel Lane (Lot L), Sickle Lane (Lot M), Rustic Point Lane (Lot N), Wagon Wheel Lane
(Lot O), and Lasso Court (Lot P) and detention basin (Lot J), public park (Lot K) and
together with certain public utility, storm sewer, sanitary sewer, storm drainage, cul-de-
sac, and water main easements, which the owner by said final plat has dedicated to the
public forever, and
Whereas, the preliminary plat has been examined by the Zoning Advisory
Commission and its approval has been endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and his approval
has been endorsed thereon, subject to the owner's agreeing to the conditions specified
herein; and
Whereas, said final plat has been examined by the City Council and the City
Council find the final plat conforms to the applicable statutes and ordinances, except
that streets and public utilities have not yet been completely constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the dedication of Wagon Wheel Lane (Lot L), Sickle Lane (Lot
M), Rustic Point Lane (Lot N), Wagon Wheel Lane (Lot O), and Lasso Court (Lot P) and
detention basin (Lot ,t) and public park (Lot K) together with certain public utility, storm
sewer, sanitary sewer, storm drainage, cul-de-sac , and water main easements, as they
appear on said final plat, be and the same are hereby accepted; and
12
Final Plat — Rustic Point Estates #2
Page 2
Section 2. That the Final Plat of Rustic Point Estates #2 is hereby approved,
and the Mayor and City Clerk are hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said
property herein named, execute their written acceptance of the attached conditions and
further agree. -
(a) To reduce Wagon Wheel Lane (Lot L), Sickle Lane (Lot M), Rustic
Point Lane (Lot N), Wagon Wheel Lane (Lot O), and Lasso Court
(Lot P) to grade and to construct longitudinal sub -drain, concrete
curb and gutter with asphaltic concrete pavement or with Portland
Cement concrete pavement with integral curb, and temporary cul-
de-sacs, all in accordance with the City of Dubuque standard
specifications in a manner acceptable to the City Engineer, in
conformance with construction improvement plans approved by the
City Engineer, and inspected and approved by the City Engineer.
(b) To grade Public Park (Lot K) in accordance with the City of
Dubuque standard specifications in a manner acceptable to the City
Engineer and Leisure Services Manager, in conformance with
construction improvement plans approved by the City Engineer,
and inspected and approved by the City Engineer.
(c) To install sanitary sewer mains and sewer service laterals into each
individual lot, water mains and water service laterals Into each
individual lot, sanitary sewer lift station force main and
appurtenances, storm water detention basin and rip -rap channel
(Lot J), storm sewers and catch basins, boulevard street fighting,
fiber optic conduit and vaults, and erosion control devices all in
accordance with the City of Dubuque standard specifications in a
manner acceptable to the City Engineer, and in accordance with
construction improvement plans approved by the City Engineer,
and inspected and approved by the City Engineer.
(d) To construct accessible sidewalk ramps at each intersection and
street crossings in accordance with City of Dubuque Standards and
Specifications, all in a manner acceptable to the City Engineer, and
fn accordance with the construction improvement plans approved
by the City Engineer, and inspected and approved by the City
Engineer.
(e) To construct concrete sidewalk across Lots J and K in accordance
with City of Dubuque Standards and Specifications, all in a manner
acceptable to the City Engineer, and in accordance with the
construction improvement plans approved by the City Engineer,
and inspected and approved by the City Engineer.
13
Final Plat -- Rustic Point Estates #2
Page 3
(f) To construct the improvements outlined in (a), (b), (c), (d), and (e)
above within two years from the date of acceptance of this
resolution, at the sole expense of the owners, or future owner.
(g) To maintain the improvements outlined in (a), (b), (c), (d) and (e)
above for a period of two (2) years from the date of the acceptance
of those improvements by the City Council of the City of Dubuque,
Iowa, at the sole final expense of the owners, or future owner.
(h) That access to Derby Grange Road is prohibited from Lots 5 thru 7
and access to John F. Kennedy Road is prohibited from Lots 1 thru
5 and 73 thru 78 of Rustic Point Estates #2.
(i) To provide security for the performance of the foregoing conditions
specified in this Section in such form and with such sureties as may
be acceptable to the City Manager of the City of Dubuque. Iowa.
Section 3. That sidewalk installation shall be the responsibility of each lot
owner for each lot abutting the public rights -of -way, including lots with multiple
frontages, as required by City Code Chapter 10-1-2 (Sidewalk Installation and Repair).
Section 4. That the owner must construct and maintain erosion control devices
in Rustic Point Estates #2 which control erosion and prevent sediment from leaving the
site. The owner shall also be responsible for maintenance of the detention facility and
rip -rap channel located on Lot J and Lot K of Rustic Point Estates #2 until 80% of the
lots in Rustic Point Estates #2, which drain into said detention facility, have been fully
developed and adequate erosion control measures, as approved by the City Engineer,
have been installed on the remaining 20% of said lots. Until the above 80% of lots are
developed, maintenance of the detention facility and rip -rap channel in Lot J and Lot K
of Rustic Point Estates #2 shall include the removal of sediment and other debris
caused by construction activities in Rustic Point Estates and reshaping and reseeding of
the disturbed areas. After said 80% lots are developed, inspection, administration, and
maintenance expenses incurred by the City of Dubuque for the storm water detention
facility and rip -rap channel on Lot J and Lot K of Rustic Point Estates #2 shall be
assessed against the property owners, except the City of Dubuque, in Rustic Point
Estates #2, as indicated on the preliminary plats thereof, in equal amounts. The City
Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such
costs to the Dubuque County Treasurer, and such costs shall then be collected with and
in the same manner as general property taxes in accordance with provisions of law.
Section 5. That the planting of street trees shall be coordinated with the City's Urban
Forester. Any tree(s) planted within the street right-of-way must be approved by the
Urban Forester. The locations and species of tree(s) will be approved by the Urban
Forester and planted and cared for though establishment by the developer at the
developer's expense.
14
Final Plat — Rustic Point Estates #2
Page 4
Section 6. That the final acceptance of the public improvements shall only
occur upon certification of the City Engineer to the City Council that the public
improvements have been completed in accordance with the approved improvement
plans and City standards and specifications and accepted by City Council Resolution.
Section 7. That in the event Derby Grange, LLC fails to execute the
acceptance and furnish the guarantees provided hereof within 180 days after the date of
this Resolution, the provisions hereof shall be null and void and the acceptance of the
dedication and approval the plat shall not be effective.
Passed, approved and adopted this 1611' day of August, 2021.
Attest:
Dann C. 5prank, Mayor Pro Tern
Adrienne N. Breitfelder, Laity Clerk
15
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS;
COUNTY OF DUBUQUE )
1, Adrienne N. Breitfelder, City Cleric, do hereby certify that I am the duly appointed,
qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
City Clerk, I have in my possession or have access to the records of the proceedings of
the City Council. I do further state that the hereto attached Resolution No. 281-21 is a
true and correct copy of the original_
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 1811 day of August, 2021.
jAA � /7 A a
Adrienne N. Breitfelder, City Cleric
16
ACCEPTANCE OF RESOLUTION NO. 281 -21
I, the undersigned, Brian Riniker, representing Derby Grange, LLC, having
read the terms and conditions of the Resolution No. 281-21 and being familiar with the
conditions thereof hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa thisIZ4 day of '4'ju5t 2021.
8y
Loren F. Steger
Derby Grange, LLC
State of Iowa )
) ss:
County of Dubuque )
On this &�\ day of 2021, before me, a Notary Public in and for
said state, personally of
Loren F. Steger, to me known to be the person(s)
named in and who executed the foregoing instrument, and acknowledged that they
executed the same as their voluntary act and deed.
ANotaPublicPitheLState of Iowa
My Commission expires:
=406}INaH9419
11
17
Preparer. Robert E. Sabers, Robert E. Sabers, P.C., 3003 Asbury Rd., Ste. 1, Dubuque, IA 52001; (563) 556-3266
Return to: Robert E. Sabers, Robert E. Sabers, P.C., 3003 Asbury Rd., Ste. 1, Dubuque, IA 52001
MORTGAGE HOLDERS CONSENT TO PLAT
Dubuque, Iowa
Premier Bank, Dubuque, Iowa, as mortgage holder does hereby consent to the Plat or Survey or
the following real estate:
Rustic Point Estates 0 2, in the City of Dubuque, Dubuque County, Iowa,
PREMIER BANK
By: V-Y)
Dated Staci M. Duerr, Vice President Chief Credit Officer
STATE OF IOWA }
COUNTY OF DUBUQUE ) ss:
On this 20th day of August, 2021, before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared Staci M. Duerr to me personally known, who is being by
me duly sworn, did say she is the vice president chief credit officer of Premier Bank, that no seal
has been procured by said corporation, that said instrument was signed on behalf of said
corporation, by authority of its Board of Directors, and the said Staci M. Duerr as such vice
president chief credit officer acknowledges the execution of said instrument to be the voluntary
act and deed of said corporation, by it and by her voluntarily executed.
Notary Public in and for the State of w
aa•� y SARAF YETCALF
P X Cw�+e+lydoe NumbN 7624M
My Gomm. ErG• Aprrt 7,'
3. All other terms and conditions of the Development Agreement shall remain in full
force and effect.
[END OF AMENDMENT — SIGNATURE PAGE FOLLOWS]
18
CITY OF DUBUQUE, IOWA
By: �
Roy uol, Mayor
By: alL r1z '/% A 4�
Adrienne N. Breitfelder, City Clerk
DERBY GRANGE, L.L.C.
By: ?1� ;L�
Its:_Dnan Ri^ �� /Ylgv�+ti�✓
19