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Morrison Bros. First Amendment to Development AgreementMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: First Amendment to Development Agreement with Morrison Bros. Company DATE: July 12, 2011 Economic Development Director Dave Heiar recommends City Council approval of the First Amendment to the Development Agreement with Morrison Bros. Company to provide for a one year extension of the job creation period to June 1, 2012. I concur with the recommendation and respectfully request Mayor and City Council approval. Mi aelC. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director Dubuque All - America City 1 ' 2007 Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Director �` - SUBJECT: First Amendment to Development Agreement with Morrison Bros. Company DATE: July 7, 2011 INTRODUCTION This memorandum is to summarize the First Amendment to the Development Agreement with Morrison Bros. Company. Dubuque bitid u- amesiacnr Ill"! 2007 BACKGROUND City staff worked with the Greater Dubuque Development Corporation and Morrison Bros. Company on an expansion at the East Seventh Street Facility. Morrison Bros. Company expanded its manufacturing, engineering, and research and development functions. Morrison Bros. has over 1200 products used in the "petroleum marketing sector" including motor fueling, aviation, agriculture, bulk handling and transportation, backup power generation, and numerous industrial applications. Recent R &D focus has been on biofuels and related equipment for alternate energy. Morrison Bros. also makes products for fuel and water military applications, and ground water testing. Morrison Bros. applied and received approval of Enterprise Zone benefits for the project. The State committed to providing an investment tax credit, sales and use tax rebate, and a research and development tax credit. A CEBA award was also approved by the Iowa Dept. of Economic Development totaling $40,000. The City entered into a development agreement with Morrison Bros. Company on October 6, 2008 to expand their East 7 Street facility at a cost estimated at $3,825,000. The business committed to retain 88 positions and create an additional 10 positions within three years. For this commitment, the company received 8 years of Tax Increment Financing. DISCUSSION On July 5, 2011, the Company submitted a letter to the City requesting an extension of the time needed to create the new jobs for the company. Below is an excerpt from the letter stating the reasoning behind the request for an extension of time; "Due to general economic circumstances that have hit our industry and nation, we are seeking an extension for this deadline for at least one year. Our business is just now beginning to show some recovery and we should have a better outcome for growth in the months ahead." The business is seeking a one year extension of the job creation time frame to June 1, 2012 (see attached letter). The company has complied with the other requirements of the Development Agreement, except for the job creation element. Due to the fact that we are experiencing the worst recession since the Great Depression, I would encourage the City Council to approve an amendment to this Development Agreement, allowing this small locally grown company the opportunity to expand more readily as the national economy improves. RECOMMENDATION /ACTION STEP I am recommending City council approval of the attached resolution approving the First Amendment to the Development Agreement with Morrison Bros. Company to provide for a one year extension of the job creation period. F: \USERS \Econ Dev \Morrison Bros\20110707 Morrison Bros First Amend Memo.docx Prepared /Return to: David Heiar, Economic Development, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4393 RESOLUTION NO 221 -11 RESOLUTION APPROVING THE FIRST AMENDMENT TO THE MORRISON BROS. COMPANY DEVELOPMENT AGREEMENT Whereas, a Development Agreement (the Agreement), dated October 6, 2008, was entered into by and between the City of Dubuque, a municipal corporation of the State of Iowa (City). and Morrison Bros. Company an Iowa corporation with its principal place of business in Dubuque, Iowa (Developer); and Whereas, City and Morrison Bros. Company now desire to amend the Development Agreement as set forth attached First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment of the Morrison Bros. Company Development Agreement is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute said First 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 First Amendment as herein approved. Passed, approved and adopted this 18 day of July, 2011. Kevin S. Firnst hl, Acting City Clerk F: \USERS \Econ Dev \Morrison Bros\20110711_Res approving first DA amendment Morrison.doc Roy D. Buol, Mayor u Tuesday, July 5, 2011 David Heiar Economic Development Director City of Dubuque 50 W 13th St Dubuque, IA 52001 -4805 Dear David, This letter is in response to your letter to Morrison Bros Co dated June 1, 2011 regarding the job certification requirement in the development agreement dated October 6, 2008 between the City of Dubuque and Morrison Bros Co. Due to general economic circumstances that have hit our industry and nation, we are seeking an ex- tension for this deadline for at least one year. Our business is just now beginning to show some recovery and we should have a better outcome for growth in the months ahead. We appreciate your consideration in this matter. Sincerely, Charlie Glab President cc. Dan McDonald, GDDC MORRISON BROS CO 570 E7th St Dubuque, IA 52001 T 563- 587 -2129 M 563- 543 -1990 cglab @me.com FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND MORRISON BROS. COMPANY This First Amendment to Development Agreement, dated for reference purposes the 18"' day of July, 2011, is made and entered into by and between the City of Dubuque, Iowa (City), Morrison Bros. Company, an Iowa corporation with its principal place of business in Dubuque, Iowa (Developer). Whereas City and Developer previously entered into a Development Agreement dated the 6 of October 2008 (the Development Agreement); and Whereas the Development Agreement provides in Section 4.1 that the Employer shall create ten (10) full -time equivalent employees (FTE) prior to June 1, 2011; and Whereas, the Development Agreement provides in Section 4.2 that Employer shall certify to the City the number of full -time equivalent employees by June 1, 2012 and such certification shall be provided not later than July 1, 2012; and Whereas due to the severe economic recession, City and Developer have agreed to amend the Development Agreement to extend the date for the creation of ten (10) full -time equivalent employees to June 1, 2012; and Whereas City and Developer have agreed to amend the Development Agreement to change the certification date for the creation of ten (10) full -time equivalent employees to July 1, 2012 with such certificate provided not later than August 1, 2012; 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 4.1 of the Development Agreement is hereby amended to read as follows: 1 4.1 Job Creation. Developer shall create ten (10) full -time equivalent jobs in Dubuque, Iowa prior to June 1, 2012, and shall maintain those jobs during the term of this Agreement. It is agreed by the parties that Developer has eighty -eight (88) full -time equivalent positions in Dubuque, Iowa as of June 1, 2008. In the event that any certificate provided to City under Section 4.2 hereof discloses that Developer does not as of that date have at least 98 employees as provided hereinabove, the semi - annual Economic Development Grants for such year under Section 3.2 shall be reduced by the percentage that the number of such positions bears to the total number of positions required to be created and maintained (98 jobs) by this Section 4.1. (For example, if Developer has 90 jobs, the semi- annual Economic Development Grants would be 91.83% (90/98 employees) of the available Developer Tax Increment received by City). The reduction of the semi- annual Economic Development Grants shall be City's sole remedy for the failure of Developer to meet the job creation requirements of this subsection 4.1. 2. Section 4.2 of the Development Agreement is hereby amended to read as follows: 4.2 Certification. To assist City in monitoring the performance of Developer hereunder, Developer shall certify as of July 1, 2012, and July 1 of each year thereafter during the term of this Agreement, by a duly authorized officer of Developer to City in a form acceptable to City (a) the number of full -time equivalent jobs maintained by Developer during the prior year in Dubuque, Iowa, and (b) to the effect that such officer has re- examined the terms and provisions of this Agreement and that at the date of such certificate, and during the preceding twelve (12) months, Developer is not or was not in default in the fulfillment of any of the material terms and conditions of this Agreement and that no Event of Default (or event which, with the lapse of time or the giving of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of such certificate or during such period, or if the signer is aware of any such default, event or Event of Default, said officer shall disclose in such statement the nature thereof, its period of existence and what action, if any, has been taken or is proposed to be taken with respect thereto. Such certificate shall be provided not later than August 1, 2012, and by August 1 of each year thereafter during the term of this Agreement. 3. Except as modified herein, the Development Agreement shall remain in full force and effect. 2 CITY OF DUBUQUE, IOWA By: Roy D. uol, Mayor evin S. Fir stahl Acting City Clerk F: \USERS \Econ Dev \Morrison Bros \20110712_ 1st Amendment to Morrison Bros DA.doc 3 MORRISON BROS. COMPANY Charlie D. Glab, President