JELD_WEN Development AgreementMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Approval of a Development Agreement with JELD -WEN, Inc.
DATE: July 23, 2011
Dubuque
All-America City
I
2007
Economic Development Director Dave Heiar recommends City Council approval of a
Development Agreement with JELD -WEN, Inc. to facilitate job creation at their facility
located at 250 East 8th Street. JELD -WEN, Inc. has committed to the create an
additional 10 jobs at the facility, which currently employs 84 employees. The proposed
Development Agreement provides for up to $150,000 as a forgivable loan to
JELD -WEN, Inc. to construct a new dock building on Jackson Street, which will provide
truck docking access without blocking traffic on Jackson Street.
City staff has worked with the Greater Dubuque Development Corporation and
JELD -WEN, Inc. to make improvements to the facility located at 250 East 8th Street to
improve truck access to the building.
The facility needs a new dock building on Jackson Street near the intersection of 7th
Street. Currently, a JELD -WEN truck must park perpendicular to the street to access
dock doors at the building. When the truck is docked, it prohibits any traffic from
passing on Jackson Street. Prior to the redevelopment of the Historic Millwork District,
there was not much traffic in this area and having trucks blocking the streets was not a
concern. As this area is being redeveloped, blocking streets will be a concern.
The new dock will be an enclosed dock which the truck will be able to access by parking
parallel to Jackson Street. Docked trucks will not be in Jackson Street and thus will not
block traffic.
Funds are available from land sales in the Dubuque Industrial Center West.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
2
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: David J. Heiar, Economic Development Director
DATE: July 20, 2011
SUBJECT: Approval of a Development Agreement with JELD -WEN, Inc.
Dubuque
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Aft4neticacnr
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INTRODUCTION
This memorandum presents for City Council consideration a Resolution approving a
development agreement with JELD -WEN, Inc. to facilitate job creation at their facility
located a 250 East 8th Street. The attached Resolution approves the development
agreement.
BACKGROUND
City staff has worked with the Greater Dubuque Development Corporation and JELD-
WEN, Inc. to make improvements to the facility located at 250 East 8th Street to improve
truck access to the building.
The facility needs a new dock building on Jackson Street near the intersection of 7th
Street. Currently, a JELD -WEN truck must park perpendicular to the street to access
dock doors at the building. When the truck is docked, it prohibits any traffic from
passing on Jackson Street. Prior to the redevelopment of the Historic Millwork District,
there was not much traffic in this area and having trucks blocking the streets was not a
concern. As this area is being redeveloped blocking streets will be a concern.
The new dock will be an enclosed dock which the truck will be able to access by parking
parallel to Jackson Street. Docked trucks will not be in Jackson Street and thus will not
block traffic.
JELD -WEN, Inc. has committed to create an additional 10 jobs at the facility. Currently,
they employ 84 employees.
DISCUSSION
The proposed Development Agreement provides for up to $150,000 as a forgivable loan
to JELD -WEN, Inc. to construct the new dock building on Jackson Street. The new
building will need to comply with the Downtown Design Guidelines so as to not
negatively affect the appearance of the Historic Millwork District. JELD -WEN is
committing to retain 84 jobs and create an additional 10 jobs within 3 years, and
maintain those jobs for an additional two years.
Having constant access to this dock is very important to JELD -WEN, Inc.'s facility. With
the redevelopment of the Historic Millwork District, blocking Jackson Street will become
a greater issue. Handling this issue now before the street reconstruction is complete
will allow for a smooth transition for JELD -WEN, Inc. as well as the Historic Millwork
District.
Funds are available from land sales in the Dubuque Industrial Center West to provide
this forgivable loan.
RECOMMENDATION
I recommend that the City Council approve the attached resolution approving a
Development Agreement with JELD -WEN, Inc. This action supports the City Council's
objectives to businesses retaining and creating new jobs, and the revitalization of the
Historic Millwork District.
ACTION STEP
The action step for the City Council is to adopt the attached Resolution.
F: \USERS \Econ Dev \JELD- WEN\20110720 JELD -WEN Council memo Approve DA.docx
RESOLUTION NO. 259 -11
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND JELD -WEN, INC.
Whereas JELD -WEN, Inc. is the owner of the property and the manufacturing facility
at 250 East 8 Street in the City of Dubuque, Iowa (the Property); and
Whereas, the City of Dubuque, Iowa is encouraging JELD -WEN, Inc. to create new
jobs in the community and improvements need to be made to the Property to facilitate
JELD -WEN, Inc.'s growth; and
Whereas, it is the determination of this Council that approval of the Development
Agreement with JELD -WEN, Inc., according to the terms and conditions set out in the
Development Agreement, is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement between the City of Dubuque, Iowa
and JELD -WEN, Inc. is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute, on behalf
of the City of Dubuque, Iowa, the attached Development Agreement between the City of
Dubuque, Iowa and JELD -WEN, Inc.
Section 3. That the City Manager is hereby authorized and directed to execute,
on behalf of the City of Dubuque, Iowa, all necessary documents n connection with the
Development Agreement and to disburse funds in accordance with the terms and
conditions of the Development Agreement.
Passed, approved and adopted this 1 day of August, 2011.
Roy D I, Mayor
F: \USERS \Econ Dev \JELD- WEN\20110801 JELD -WEN reso approving DA bal.docx
072011adj
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
JELD -WEN, INC.
THIS DEVELOPMENT AGREEMENT, dated for reference purposes the 1 day
of August, 2011, is made and entered into by and between the City of Dubuque, Iowa
(City), and the Garage Door/Wood Fiber operating facility of JELD -WEN, Inc., an Oregon
corporation, with the facility located at 250 E. 8 Street and doing business in the City of
Dubuque, Iowa (Employer).
WHEREAS, Employer is the owner of the following described real estate (the
Property):
City Lots 405, 405A, 406,407,408,409,410, 411,412,413,414 & 2- 417 in the City of
Dubuque, Iowa; PT OF CITY LOT 509, PT OF 2 -4 OF CITY LOT 509A; and CITY
LOTS 402, 403, N 25'2" LOT 415, 416 & 416A
located at 250 East 8 Street in the City of Dubuque; and
WHEREAS, the Property is located in the Greater Downtown Urban Renewal
District (the District) which has been so designated by City Council Resolution 155 -11 as a
slum and blight area (the Project Area) defined by Iowa Code Chapter 403 (the Urban
Renewal Law); and
WHEREAS, Employer has operated a door - manufacturing operation on the Property
and will continue to so operate during the Term of this Agreement; and
WHEREAS, Employer has agreed to make an additional capital investment in
building improvements on the Property consisting of a new loading dock on the West side
of the Property at 250 East 8 Street (the "Improvements "); and
WHEREAS, pursuant to Iowa Code Section 403.6(1), and in conformance with the
Urban Renewal Plan for the Project Area adopted on May 2, 2011, City has the authority to
enter into contracts and agreements to implement the Urban Renewal Plan; and
WHEREAS, the City Council of City believe it is in the best interests of City to
encourage Employer in the development of the Property by providing certain incentives as
set forth herein.
NOW, THEREFORE, the parties to this Agreement, in consideration of the
promises, covenants and agreements made by each other, do hereby agree as follows:
SECTION 1. REPRESENTATIONS AND WARRANTIES
1.1 Representations and Warranties of City. In order to induce Employer to enter into
this Agreement, City hereby represents and warrants to Employer that:
(1) City has duly obtained all necessary approvals and consents for its
execution, delivery and performance of this Agreement and that it has full power
and authority to execute, deliver and perform its obligations under this Agreement.
This Agreement, upon execution and delivery by the City (assuming due
authorization, execution and delivery by the Employer), is a valid and legally
binding instrument of City, enforceable in accordance with its terms, except as the
same may be limited by bankruptcy, insolvency, reorganization or other laws
relating to or affecting creditors' rights generally.
(2) City shall exercise its best efforts to cooperate with Employer in the
development process and shall design, approve and instruct Employer with respect
to the construction of the Improvements so as to be in compliance with the City's
Downtown Design Guidelines, Urban Renewal Plan, all applicable laws, regulations
and within the Forgivable Loan budget set forth in Section 3.1 hereof.
(3) City shall exercise its best efforts to resolve any disputes arising during the
development process in a reasonable and prompt fashion.
(4) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in conflict
with, or result in a violation or breach of, the terms, conditions or provisions of the
charter of City, any evidence of indebtedness, agreement or instrument of whatever
nature to which City is now a party or by which it or its property is bound, or
constitute a default under any of the foregoing.
(5) There are no actions, suits or proceedings pending or threatened against or
affecting City in any court or before any arbitrator or before or by any governmental
body in which there is a reasonable possibility of an adverse decision which could
materially adversely affect the financial position or operations of City or which
affects the validity of the Agreement or City's ability to perform its obligations under
this Agreement.
1.2 Representations and Warranties of Employer. The Employer makes the following
representations and warranties:
(1) Employer is an Oregon Corporation duly organized and validly existing under
the laws of the State of Oregon, and authorized to do business in the State of Iowa,
2
and has all requisite power and authority to own and operate its properties, to carry
on its business as now conducted and as presently proposed to be conducted, and
to enter into and perform its obligations under this Agreement.
(2) This Agreement has been duly authorized, executed and delivered by
Employer and, assuming due authorization, execution and delivery by the City, is in
full force and effect and is a valid and legally binding instrument of Employer
enforceable in accordance with its terms, except as the same may be limited by
bankruptcy, insolvency, reorganization or other laws relating to or affecting
creditors' rights generally.
(3) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in conflict
with, or result in a violation or breach of, the terms, conditions or provisions of the
articles of organization or the operating agreement of Employer or any contractual
restriction, evidence of indebtedness, agreement or instrument of whatever nature
to which Employer is now a party or by which it or its property is bound, or
constitute a default under any of the foregoing.
(4) There are no actions, suits or proceedings pending or threatened against or
affecting Employer in any court or before any arbitrator or before or by any
governmental body in which there is a reasonable possibility of an adverse decision
which could materially adversely affect the business, financial position or result of
operations of Employer or which affects the validity of the Agreement or Employer's
ability to perform its obligations under this Agreement.
(5) Employer will perform its Improvement construction obligations under this
Agreement in accordance with the City's design, specifications, and reasonable
instructions.
1.3 Closing. The closing shall take place on the Closing Date which shall be the 1st day
of September, 2011, or such other date as the parties shall agree but in no event shall the
Closing Date be later than the 31St day of December, 2011. Consummation of the closing
shall be deemed an agreement of the parties to this Agreement that the conditions of
closing shall have been satisfied or waived.
1.4 Conditions to Closing. The closing of the transaction contemplated by this
Agreement and all the obligations of Employer under this Agreement are subject to
fulfillment, on or before the Closing Date, of the following conditions:
(1) Employer and City shall be in material compliance with all the terms and
provisions of this Agreement.
(2) [This section intentionally left blank]
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(3) [This section intentionally left blank]
(4) Employer shall have the right to terminate this Agreement at any time prior to
the consummation of the closing on the Closing Date if Employer determines in its
sole discretion that conditions necessary for the successful completion of the
Project contemplated herein have not been satisfied to the full satisfaction of such
party in such party's sole and unfettered discretion. Upon the giving of notice of
termination by such terminating party to the other parties to this Agreement, this
Agreement shall be deemed null and void.
1.5 City's Obligations at Closing. At or prior to the Closing Date, City shall deliver to
Employer such other documents as may be required by this Agreement, all in a form
satisfactory to Employer.
SECTION 2. DEVELOPMENT ACTIVITIES
2.1 Required Improvements. Employer shall construct the Improvements on the West
side of the Property at 250 East 8th Street in accordance with the City's directives as set
forth in Section 1.2 (2) hereof..
2.2 [This section intentionally left blank]
2.3 Plans for Construction of Improvements. Plans and specifications with respect to
the development of Property and the construction of the Improvements thereon (the
Construction Plans) shall be supplied by the City so as to be in conformity with Urban
Renewal Plan, this Agreement, and all applicable state and local laws and regulations,
including but not limited to any covenants, conditions, restrictions, reservations,
easements, liens and charges, recorded in the records of Dubuque County, Iowa.
2.4 Timing of Improvements. Employer hereby agrees that construction of the
Improvements on the Property shall have been commenced by December 31, 2011, and
shall be substantially completed by December 31, 2012. The time frames for the
performance of these obligations shall be suspended due to unavoidable delays meaning
delays, outside the reasonable control of the party claiming its occurrence in good faith,
including without limitation strikes, other labor troubles, unusual shortages of materials or
labor, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the
Improvements, litigation commenced by third parties which, by injunction or other similar
judicial action or by the exercise of reasonable discretion directly results in delays, or acts
of any federal, state or local government which directly result in extraordinary delays. The
time for performance of such obligations shall be extended only for the period of such
delay.
SECTION 3. CITY PARTICIPATION
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3.1 Forgivable Loan. City hereby commits to provide a loan to Employer for the actual
and reasonable cost of constructing the loading dock on the Property (the Forgivable
Loan). The loan will not exceed one hundred fifty thousand dollars ($150,000.00).
Employer shall furnish to City written requests for disbursement of loan funds. Such
request shall be accompanied by a statement of Owner's Qualifying Project Expenses and
appropriate documentation of such expenses.
SECTION 4. COVENANTS OF EMPLOYER
4.1 Job Creation. Employer shall create ten (10) full -time (2080 hours per year)
employees in Dubuque, Iowa by July 1, 2014, and shall maintain those jobs through the
Term of this Agreement (the "Term "). City acknowledges that Employer has existing
employees and all persons now or hereafter employed by Employer shall count against the
ten (10) full -time employee requirement described herein. It is agreed by the parties that
Employer has Eighty -Four (84) employees in Dubuque, Iowa, as of July 1, 2011. In the
event that the report provided to City under Paragraph 9 hereof on July 1, 2016, discloses
that Employer does not as of that date have at least 94 full -time employees as provided
hereinabove, City shall be reimbursed one - twentieth of the Forgivable Loan for each
employee not created or maintained below 94 positions.
4.2 Reports. To assist City in monitoring the performance of Employer hereunder, as of
July 1, 2014, and again each year thereafter during the Term of this Agreement, a duly
authorized General Manager of Employer's Garage Door /Fiber facility shall report in
writing to City (a) the number of full time equivalent jobs employed at Property, and (b) to
the effect that such General Manager has re- examined the terms and provisions of this
Agreement and that at the date of such report, and during the Term , Employer is not or
was not in default in the fulfillment of any of the 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 report or during such period, or if the signer is aware of any such default, event or
Event of Default, said General Manager 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 report shall be provided not later than September 1,
2014.
4.3 [This section intentionally left blank]
4.4 Real Property Taxes. Employer shall pay or cause to be paid, when due, all real
property taxes and assessments payable with respect to all and any parts of the Property
unless Employer's obligations have been assumed by another person pursuant to the
provisions of this Agreement.
4.5 [This section intentionally left blank]
5
4.6 Insurance Requirements. Employer shall self- insure on a replacement cost basis
the Improvements during construction. This self- insurance program will apply all coverage
equal to a "special perils" policy.
The term "replacement value" shall mean the estimated replacement cost of the building
with Improvements (excluding foundation and excavation costs and costs of underground
flues, pipes, drains and other uninsurable items) and equipment by Employer.
4.7 Preservation of Property. During the Term of this Agreement, Employer shall
maintain, preserve and keep, or cause others to maintain, preserve and keep, the
Improvements in good repair and working order, ordinary wear and tear accepted, and
from time to time shall make all necessary repairs, replacements, renewals and additions.
4.8 Non - Discrimination. In carrying out the project, Employer shall not discriminate
against any employee or applicant for employment because of race, religion, color, sex,
sexual orientation, gender identity, national origin, age or disability.
4.9 Conflict of Interest. Employer agrees that no member, officer or employee of City,
or its designees or agents, nor any consultant or member of the governing body of City,
and no other public official of City who exercises or has exercised any functions or
responsibilities with respect to the project during his or her tenure, or who is in a position
to participate in a decision - making process or gain insider information with regard to the
project, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds thereof, for work to be performed in connection with the project, or in any activity,
or benefit therefrom, which is part of this project at any time during or after such person's
tenure. In connection with this obligation, Employer shall have the right to rely upon the
representations of any party with whom it does business and shall not be obligated to
perform any further examination into such party's background.
4.10 Non - Transferability. Until such time as the Improvements are complete (as certified
by City under Section 2.4), this Agreement may not be assigned by Employer nor may the
Property be transferred by Employer to another party without the prior written consent of
City, which shall not be unreasonably withheld. Thereafter, Employer shall have the right
to assign this Agreement and upon assumption of the Agreement by the assignee,
Employer shall no longer be responsible for its obligations under this Agreement.
4.11 Restrictions on Use. Employer agrees for itself, and its successors and assigns,
and every successor in interest to the Property or any part thereof that they, and their
respective successors and assigns, shall:
(1) Devote the Property to, and only to and in accordance with, the uses
specified in the Urban Renewal Plan (and City represents and agrees that use of
the Property as an office, is in full compliance with the Urban Renewal Plan)
(however, Employer shall not have any liability to City to the extent that a successor
6
in interest shall breach this covenant and City shall seek enforcement of this
covenant directly against the party in breach of same); and
(2) Not discriminate upon the basis of race, religion, color, sex, sexual
orientation, gender identity, national origin, age or disability in the sale, lease,
rental, use or occupancy of the Property or any improvements erected or to be
erected thereon, or any part thereof (however, Employer shall not have any liability
to City to the extent that a successor in interest shall breach this covenant and City
shall seek enforcement of this covenant directly against the party in breach of
same).
4.12 Compliance with Laws. Employer shall comply with all laws, rules and regulations
relating to its businesses, other than laws, rules and regulations the failure to comply with
or the sanctions and penalties resulting therefrom, would not have a material adverse
effect on the business, property, operations, financial or otherwise, of Employer.
SECTION 5. EVENTS OF DEFAULT AND REMEDIES
5.1 Events of Default Defined. The following shall be Events of Default under this
Agreement and the term Event of Default shall mean, whenever it is used in this
Agreement, any one or more of the following events:
(2) Failure by Employer to cause the construction of the Improvements to be
commenced and completed pursuant to the terms, conditions and limitations of this
Agreement unless the delay or failure was due to acts or omissions of the City or an
event covered by Section 2.4 hereof.
(4) Failure by Employer or City to substantially observe or perform any other
material covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement.
5.2. Remedies on Default by Employer. Whenever any Event of Default referred to in
Section 5.1 of this Agreement occurs and is continuing, City, as specified below, may take
any one or more of the following actions after the giving of written notice by City to
Employer (and the holder of any mortgage encumbering any interest in the Property of
which City has been notified of in writing) of the Event of Default, but only if the Event of
Default has not been cured within sixty (60) days following such notice, or if the Event of
Default cannot be cured within sixty (60) days and Employer does not provide assurances
to City that the Event of Default will be cured as soon as reasonably possible thereafter:
(1) City may suspend its performance under this Agreement until it receives
assurances from the defaulting party deemed adequate by City, that the defaulting
party will cure its default and continue its performance under this Agreement;
7
(2) Until the Closing Date, City may cancel and rescind this Agreement;
(3) City shall be entitled to recover from Employer the sum of all amounts paid
by City to Employer in connection with the funding for the Forgivable Loan, and City
may take any action, including any legal action it deems necessary, to recover such
amounts from the defaulting party;
(4) City may withhold the Certificate of Completion; or
(5) City may take any action, including legal, equitable or administrative action,
which may appear necessary or desirable to collect any payments due under this
Agreement or to enforce performance and observance of any obligation,
agreement, or covenant under this Agreement.
5.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to City is
intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given
under this Agreement or now or hereafter existing at law or in equity or by statute. No
delay or omission to exercise any right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but any such right and
power may be exercised from time to time and as often as may be deemed expedient.
5.4 No Implied Waiver. In the event any agreement contained in this Agreement should
be breached by any party and thereafter waived by any other party, such waiver shall be
limited to the particular breach so waived and shall not be deemed to waive any other
concurrent, previous or subsequent breach hereunder.
5.5 Agreement to Pay Attorneys' Fees and Expenses. If any action at law or in equity,
including an action for declaratory relief or arbitration, is brought to enforce or interpret the
provisions of this Agreement, the prevailing party shall be entitled to recover reasonable
attorneys' fees and costs of litigation from the other party. Such fees and costs of litigation
may be set by the court in the trial of such action or by the arbitrator, as the case may be,
or may be enforced in a separate action brought for that purpose. Such fees and costs of
litigation shall be in addition to any other relief that may be awarded.
5.6 Remedies on Default by City. If City defaults in the performance of this Agreement,
Employer may take any action, including legal, equitable or administrative action that may
appear necessary or desirable to collect any payments due under this Agreement, to
recover expenses of Employer, or to enforce performance and observance of any
obligation, agreement, or covenant of City under this Agreement. Employer may suspend
their performance under this Agreement until they receive assurances from City, deemed
adequate by Employer, that City will cure its default and continue its performance under
this Agreement.
SECTION 6. GENERAL TERMS AND PROVISIONS
8
6.1 Notices and Demands. Whenever this Agreement requires or permits any notice or
written request by one party to another, it shall be deemed to have been properly given if
and when delivered in person or three (3) business days after having been deposited in
any U.S. Postal Service and sent by registered or certified mail, postage prepaid,
addressed as follows:
9
If to Employer:
If to City:
With copy to:
Gardner Lance
JELD -WEN, Inc.
250 East 8th Street
Dubuque, IA 52001
City Manager
50 W. 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4110
Fax: (563) 589 -4149
City Attorney
City Hall
50 W. 13th Street
Dubuque IA 52001
Or at such other address with respect to either party as that party may, from time to time
designate in writing and forward to the other as provided in this Section.
6.2 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit
of City and Employer and their respective successors and assigns.
6.3 Termination Date. This Agreement and the rights and obligations of the parties
hereunder shall terminate on September 1, 2016 (the Termination Date).
6.4. Execution By Facsimile. The parties agree that this Agreement may be transmitted
between them by facsimile machine. The parties intend that the faxed signatures
constitute original signatures and that a faxed Agreement containing the signatures
(original or faxed) of all the parties is binding on the parties.
6.5 Memorandum of Development Agreement. Employer shall promptly record a
Memorandum of Development Agreement in the form attached hereto as Exhibit A
in the office of the Recorder of Dubuque County, Iowa. Employer shall pay the
costs for so recording.
10
IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in its
name and behalf by its Mayor and attested to by its City Clerk and Employer has caused
this Agreement to be duly executed on or as of the first above written.
CITY OF DU
By By
Roy D. Boul
Gardner Lance
Mayor General Manager
JELD -WEN, inc. Garage Door /Fiber
facility in Dubuque, Iowa
Attest:
Ke n S. Firnst
Acting City Clerk
QUE, IOWA JELD -WEN, INC.
11
(City Seal)
STATE OF IOWA )
SS
COUNTY DUBUQUE )
On this / day of 2011, before me the undersigned, a Notary
Public in and for the said County and State, personally appeared Roy D. Buol and Kevin S.
Firnstahl, to me personally known, who, being by me duly sworn, did say that they are the
Mayor and Acting City Clerk, respectively, of the City of Dubuque, Iowa, a municipal
corporation executing the instrument to which this is attached; that the seal affixed hereto
is the seal of said municipal corporation; that said instrument was signed and sealed on
behalf of the City of Dubuque, Iowa, by authority of its City Council; and that said Mayor
and City Clerk acknowledged the execution of said instrument to be the voluntary act and
deed of said City, by it and by them voluntarily executed.
'Notary Public
Notary Public
STATE OF IOWA
COUNTY OF DUBUQUE
)
)
SS
On this day of . � 2011, before me the undersigned, a Notary
Public in and for the State of low , personally appeared Gardner Lance, to me personally
known, who, being by me duly sworn, did say that he is the General Manager of the JELD-
WEN, inc. Garage Door /Fiber facility in Dubuque, Iowa and that JELD -WEN, inc. is the
corporation executing the instrument to which this is attached and that as said General
Manager of said JELD -WEN, inc. Facility acknowledged the execution of said instrument
to be the voluntary act and deed of said company, by it and by him, an individual,
voluntarily executed.
F: \USERS \Econ Dev\JELD- WEN\20110720 JELD -WEN DA adj_2.docx
12
t. BRENDA FUGLSANG
Commission Number 745861
My Comm. Exp, MAR 19, 2013
BRENDA FUGLSANG -
Commleslon Number 745861
My Comm. Exp, LIAR 19, 2013
A Development Agreement by and among the City of Dubuque, Iowa, an Iowa municipal
corporation, of Dubuque, Iowa, and JELD -WEN, Inc. was made regarding the following
described premises:
By:
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
EXHIBIT A
MEMORANDUM OF DEVELOPMENT AGREEMENT
City Lots 405, 405A, 406,407,408,409,410, 411,412,413,414 & 2- 417 in the City of
Dubuque, Iowa; PT OF CITY LOT 509, PT OF 2 -4 OF CITY LOT 509A; and CITY
LOTS 402, 403, N 25'2" LOT 415, 416 & 416A
The Development Agreement is dated for reference purposes the 1st day of
August , 2011, and contains covenants, conditions, and restrictions concerning the
sale and use of said premises.
This Memorandum of Development Agreement is recorded for the, purpose of
constructive notice. In the event of any conflict between the provisions of this
Memorandum and the Development Agreement itself, executed by the parties, the terms
and provisions of the Development Agreement shall prevail. A complete counterpart of the
Development Agreement, together with any amendments thereto, is in the possession of
the City of Dubuque and may be examined at its offices as above provided.
Dated this 1 day of August , 2011
Kevin S. irnstahl, Acting City Clerk
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STATE OF IOWA
COUNTY OF DUBUQUE
otary Public, State • ` Iowa
SS
On this 1 day of August , 2011, before me, a Notary Public in and for the State of
Iowa, in and for said county, personally appeared Roy D. Buol and Kevin S. Firnstahl, to
me personally known, who being by me duly sworn did say that they are the Mayor and
Acting City Clerk, respectively of the City of Dubuque, a Municipal Corporation, created
and existing under the laws of the State of Iowa, and that the seal affixed to said
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 executed.
F: \USERS \Econ Dev \JELD- WEN\20110720 JELD -WEN DA adj_2.docx
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o 4 * 7.L . 1 BRENDA FUGLSANG
Commission Number 745861
My Comm, Exp. MAR 19, 2013