Loading...
Portside Ventures LLC_Termination of Development AgreementMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acknowledgement of Termination of the Development Agreement between the City of Dubuque, Iowa and Portside Ventures, LLC DATE: August 9, 2010 Dubuque bfrd NI- AmericaCfy lilt? 2007 The City of Dubuque entered into a Development Agreement with Port of Dubuque Adams Development, LLC on January 23, 2006. Port of Dubuque Adams Development, LLC, assigned the Development Agreement to Port of Dubuque New Main Development, LLC, which changed its name to Portside Ventures, LLC. The Development Agreement provided for two phases: the renovation of the Durrant building, which has been completed, and the construction of a Multiuse Project. The developer has elected not to proceed with the Multiuse Project. City Attorney Barry Lindahl recommends City Council approval of an Acknowledgement of Termination of the Development Agreement between the City of Dubuque and Portside Ventures, LLC. This will now allow the City to market the property. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Dave Heiar, Economic Development Director Michael C. Van Milligen THE CITY OF DUB UE MEMORANDUM Masterpiece on the Mississippi BARRY LINDA CITY ATTORNE Michael C. Van Milligen City Manager To: DATE: August 4, 2010 RE: Acknowledgment of Termination of the Development Agreement between the City of Dubuque, Iowa and Portside Ventures, LLC The City entered into a Development Agreement with Port of Dubuque Adams Development, LLC on January 23, 2006. Port of Dubuque Adams Development, LLC assigned the Development Agreement to Port of Dubuque New Main Development, LLC, which changed its name to Portside Ventures, LLC. The Development Agreement provided for two phases: the renovation of the Durrant building and the construction of a Multiuse Project. The Durrant Project has been completed. The developer has elected not to proceed with the Multiuse Project. Attached is an Acknowledgment of Termination of the Development Agreement between the City of Dubuque and Portside Ventures, LLC. I recommend that the Acknowledgment of Termination be submitted to the City Council for consideration. BAL:tls Attachment cc: Dave Heiar, Economic Development Director F: \USERS \tsteckle \Lindahl \Portside Ventures\ MVM_ AcknowledgmentOfTerminationOfPortsideVentureDA _080410.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL balesq @cityofdubuque.org RESOLUTION NO. 315 -10 APPROVING THE ACKNOWLEDGMENT OF TERMINATION OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND PORTSIDE VENTURES, LLC. Whereas, the City of Dubuque, Port of Dubuque Adams Development, LLC, and The Durrant Group, Inc., entered into a Development Agreement dated for reference purposes the 23 day of January, 2006 (the Development Agreement); and Whereas, the Development Agreement provided for certain rights, privileges, obligations and responsibilities of the parties with respect to the "Durrant Project" and the "Multiuse Project" as described therein; Whereas, pursuant to Section 16.6 of the Development Agreement, all aspects of the Development Agreement related to the Multiuse Project were assigned by Port of Dubuque Adams Development, LLC to Port of Dubuque New Main Development, LLC, by an assignment a copy of which is attached hereto; and Whereas, Port of Dubuque New Main Development, LLC changed its name to Portside Ventures, LLC (Portside); and Whereas, the Multiuse Project was to be constructed on the following described real property: Lot 1 in Adams Company 4 Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record (the "Property "). Whereas, the Multiuse Project portion of the Development Agreement has expired according to its terms and City desires written confirmation thereof; and NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. The Acknowledgement of Termination attached hereto is approved. 2. The Mayor is authorized and directed to sign the Acknowledgement of Termination on behalf of the City of Dubuque. Passed, approved and adopted this 16th day of 010. ttest: Jeanne F. Schneider, City Clerk Ro D. „uol, Mayor F:\ USERS \tsteckle \Lindahl \Portside Ventures\ ResolutionApprovingAcknowledgmentOfTerminationAgreement _080510.doc Doc ID: 006837460008 Type: GEN Kind: MISCELLANEOUS Recorded: 08/19/2010 at 03:36:36 PM Fee Amt: $44.00 Page i of 8 Dubuque County Iowa Kathy F1Vnn Thurlow Recorder File2010-00011990 RECORDER'S COVER SHEET ACKNOWLEDGMENT OF TERMINATION OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND PORTSIDE VENTURES, LLC Preparer Information: Barry A. Lindahl, City Attorney, Suite 330, 300 Main Street, Dubuque, IA 52001, Phone: (563) 583-4113 Taxpayer Information: City of Dubuque, Iowa, 50 West 13t" Street, Dubuque, IA 52001 Return Document To: Jeanne Schneider, City of Dubuque City Clerk, 50 West 13t" Street, Dubuque, IA 52001 Legal Description: Lot 1 in Adams Company 4t" Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record (the "Property") Grantors: Portside Ventures, LLC Grantees: The City of Dubuque, Iowa ( gy0C) �� j CferK ACKNOWLEDGMENT OF TERMINATION OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND PORTSIDE VENTURES, LLC. This Acknowledgment is dated for reference purposes the 16th day of August, 2010. Whereas, the City of Dubuque, Port of Dubuque Adams Development, LLC, and The Durrant Group, Inc., entered into a Development Agreement dated for reference purposes the 23rd day of January, 2006 (the Development Agreement); and Whereas, the Development Agreement provided for certain rights, privileges, obligations and responsibilities of the parties with respect to the "Durrant Project" and the "Multiuse Project" as described therein; Whereas, pursuant to Section 16.6 of the Development Agreement, all aspects of the Development Agreement related to the Multiuse Project were assigned by Port of Dubuque Adams Development, LLC to Port of Dubuque New Main Development, LLC, by an assignment a copy of which is attached hereto; and Whereas, Port of Dubuque New Main Development, LLC changed its name to Portside Ventures, LLC (Portside); and Whereas, the Multiuse Project was to be constructed on the following described real property: Lot 1 in Adams Company 4t' Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record (the "Property"). Whereas, the Multiuse Project portion of the Development Agreement has expired according to its terms and City desires written confirmation thereof. Now, therefore, it is confirmed by Portside that: 1. All rights, privileges, obligations and responsibilities of the parties with respect to the Multiuse Project as described in the Development Agreement have previously terminated according to the terms of the Development Agreement. CITY OF D UQUE, IOWA By: v, Roy . Buol, Mayor By Jeanne Schneider, City Clerk PORTSIDE VENTURES, LLC By Way A. Briggs, P t G:\WPDOCS\Angie\DOCS\Portside Ventures -City Termination Agreement.doc STATE OF IOWA ) SS COUNTY OF DUBUQUE ) -f� On this /� day of , 2010, before me a Notary Public in and for said County, personal& appeared Roy D. Buol and Jeanne F. Schneider to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily execut Notary Public in and for State of Iowa V�'^L SUSAN M. WINTER COMMISSION NO.163274 x r MY COMMISSION EXPIRES '9 w * 2114111 STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: 4-4 On this q '-- day of2010, before me, a Notary Public in and for the State of Iowa, personally appeared Wayne A. Briggs, to me personally known, who being by me duly sworn did say that Wayne A. Briggs is the President of said limited liability company and that said instrument was signed on behalf of said limited liability company by authority of its members and the said Wayne A. Briggs acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by it voluntarily executed. but SMAN J. KANJ E * Cwwftsion Nhmtber 125M MY COMMISSION EXPIRES �96 JANUARY 12, 2013 Notary Publi in and for State of Iowa RESOLUTION NO. 315 _10 APPROVING THE ACKNOWLEDGMENT OF TERMINATION OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND PORTSIDE VENTURES, LLC. Whereas, the City of Dubuque, Port of Dubuque Adams Development, LLC, and The Durrant Group, Inc., entered into a Development Agreement dated for reference purposes the 23rd day of January, 2006 (the Development Agreement); and Whereas, the Development Agreement provided for certain rights, privileges, obligations and responsibilities of the parties with respect to the "Durrant Project" and the "Multiuse Project" as described therein; Whereas, pursuant to Section 16.6 of the Development Agreement, all aspects of the Development Agreement related to the Multiuse Project were assigned by Port of Dubuque Adams Development, LLC to Port of Dubuque New Main Development, LLC, by an assignment a copy of which is attached hereto; and Whereas, Port of Dubuque New Main Development, LLC changed its name to Portside Ventures, LLC (Portside); and Whereas, the Multiuse Project was to be constructed on the following described real property: Lot 1 in Adams Company 4t" Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record (the "Property"). Whereas, the Multiuse Project portion of the Development Agreement has expired according to its terms and City desires written confirmation thereof; and NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: a The Acknowledgement of Termination attached hereto is approved. 2. The Mayor is authorized and directed to sign the Acknowledgement of Termination on behalf of the City of Dubuque. Passed, approved and adopted this 16 t h day of t, 010. Rof D.Is 7uol, Mayor ttest: Jeanne F. Schneider, City Clerk F:\USERS\tsteckle\Lindahl\Portside Ventures\ResolutionApprovingAcknowledgmentOfrerminationAgreement 080510.doc CERTIFICATE OF CITY CLERK STATE OF IOWA COUNTY OF DUBUQUE I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such 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. 315-10 is a correct copy of the original Resolution No. 315-10 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 16th day of August, 2010. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 17th day of August, 2010. f 7 ' Jeanne F. Schneider, CIVIC City Clerk