Amendment No. 1 to Horizon/CarteGraph Development Agreement
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CITY OF DUBUQUE, IOWA
MEMORANDUM
January 29, 1999
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amendment No.1 to Horizon/CarteGraph Development Agreement
Community and Economic Development Director Jim Burke is recommending an amendment
to the Horizon/CarteGraph Development agreement.
I concur with the recommendation and respectfully request Mayor and City Council approval.
(Y\ikL\ l.~ ~1 L
Michael C. Van Milligen
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Jim Burke, Community and Economic Development Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
January 29, 1999
TO:
\.thael VanRil~igen, City Manager
"1!Jn~~';;;'wUty and Economic Development Director
Amendment No.1 to Horizon/CarteGraph Development Agreement
FROM:
SUBJ:
INTRODUCTION
This memorandum presents for City Council consideration an amendment to the Development
Agreement among the City, Horizon Development Group, LLC.(Horizon), and CarteGraph
Systems, Inc.(CarteGraph). The amendment has been requested by Tim PuIs of Horizon.
DISCUSSION
The City Council signed a Development Agreement with Horizon and CarteGraph following a
public hearing on January 18, 1999. The Agreement sets out the terms and conditions ofa the
sale and development ofland in Dubuque Technology Park for a new building for CarteGraph.
The Agreement provides that the closing of the land sale take place by January 29.
Today, Horizon has advised that due to unforeseen circumstances they can not close in the time
provided. They have asked that the closing date be deferred and extended until February 26 or
such earlier date as my be agreed by the parties. They have presented the attached Amendment
No.1 to the Development Agreement for approval by the City.
I have reviewed the proposed amendment with Corporation Counsel Barry Lindahl. He has
found the amendment to be acceptable as to form.
RECOMMENDATION
I recommend that the City Council approve the attached Amendment No.1 to the Development
Agreement among the City, Horizon and CarteGraph and authorize and direct the Mayor and
City Clerk to sign on behalf of the City of Dubuque.
..
AMENDMENT NO.1
TO
DEVELOPMENT AGREEMENT
THIS AMENDMENT (the "Amendment"), made and executed as of this pc day of February, 1999, by
and among the CITY OF DUBUQUE, IOWA, a municipality (the "City"), established pursuant to the Code
of Iowa of the State of Iowa and acting under authorization of Chapter 403 of the Code ofIowa, as amended (the
"Urban Renewal Act"), HORIZON DEVELOPMENT GROUP, LLC, a Wisconsin limited liability company,
with its principal place of business in Madison, Wisconsin (the "Developer"), and CARTEGRAPH SYSTEMS,
INC., an Iowa corporation, with its principal place of business in Dubuque, Iowa (the "Employer"),
WITNESSETH:
WHEREAS, the above-identified parties have executed a certain Development Agreement dated January
18, 1999 (the "Development Agreement") pertaining to, inter alia, the purchase, sale, development and use of
certain real property located in the City of Dubuque, County of Dubuque, State of Iowa (the "Property") which
is more fully described as:
Lots 10 and 11, Block 2 of Dubuque Technology Park; and
WHEREAS, due to unforeseen circumstances and delays, the parties are unable to consummate the
purchase and sale of the Property within the time contemplated by the Development Agreement and wish to
extend the deadline for closing; and
WHEREAS, the parties desire to amend the Development Agreement in order to allow additional time
for the parties to complete and satisfy various conditions precedent to closing; and
WHEREAS, unless otherwise specifically defined herein, all capitalized terms shall have the same
meanings which are assigned to them in the Development Agreement.
NOW, THEREFORE, in consideration of the Agreement, the foregoing recitals, the mutual covenants,
terms and conditions hereinafter set forth and other valuable consideration, the receipt and sufficiency of which
hereby are acknowledged, the City, Developer and Employer do hereby agree to modify, amend and supplement
the Agreement, as follows:
1. Deferral of Closing Date. The panies hereby acknowledge and agree that the Closing Date specified
in Section 1.1 of the Development Agreement shall be and hereby is deferred and extended to February 26, 1999,
or such earlier date as may be agreed by the parties.
2. Ratification and Reaffirmation. The Seller and Buyer hereby ratify and reaffirm all terms and
.
conditions of the Agreement which are not expressly modified, amended or supplemented herein and
acknowledge and agree that the Agreement, as modified, amended and supplemented hereby, shall continue in
full force and effect for the duration and to the extent therein provided.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective
duly authorized officers or representatives as of the date and year first above written.
CITY OF DUBUQUE, IOWA
(the "City")
by:
errance M. Duggan`,
by: /AvZM 250r�
Mary' . Davis, City Clerk
CARTEGRAPH SYSTEMS, INC.
(the "Employer")
by:
title:—•l'`
attest:
HORIZON DEVELOPMENT GROUP, LLC
(the "Developer"
r
by:
Charles V. Heath, Member
by: G�
hn K. Faust, Member
by:
Joh . Thode, Member
Page 2 JAAmendment No. I to Development Agreement (City, HDG & Cam,Grzph)
Rece:J,ved:
1/29/99 15:37;
1 319 556 4890 -> CITY OF DUBUQUE; Page 2
01./29/99 14:57
ID:Ho~izon Development G~p.
FAX: 1-319-556-4890
PAGE
2
AMENDMENT NO.1
TO
DEVELOPMENT AGREEMENT
mls AMENDMENT (the "Amendment"), made and executed as of this 1" day of February, 1999, by
and among the CITY OF DUBUQUE, IOWA, a municipality (the "City"), established pursuant to the Q;yk
~ of the State of Iowa and acting under authorization of Chapter 403 of the Code qf Iowa, as amended (the
"Urban Renewal Act"), HORIZON DEVELOPMENT GROUP, LLC, a Wisconsin limited liability company,
with its principal place of business in Madison, Wisconsin (the "Developer"), and CARTEGRAPH SYSTEMS,
INC., an Iowa corporation, with its principal place of business in Dubuque, Iowa (the "Employer"),
WITNESSETH:
WHEREAS, the above-identified parties have executed a certain Development Agreement dated January
18, 1999 (the "Development Agreement") penaining to, i111u.fill4, the purchase, sale, development and use of
certain real property located in the City of Dubuque, County of Dubuque, State of Iowa (the "Propeny") which
is more fully described as:
Lots 10 and 11, Block 2 of Dubuque Technology Park; and
WHEREAS, due to unforeseen circumstances and delays, the parties are unable to consummate the
purchase and sale of the Property within the time contemplated by the Development Agreement and wish to
extend the deadline for closing; and
WHEREAS, the parties desire to amend the Development Agreement in order to allow additional time
for the parties to complete and satisfy various conditions precedent to closing; and
WHEREAS, unless otherwise specifically defined herein, all capitalized terms shall have the same
meanings which are assigned to them in the Development Agreement.
NOW, THEREFORE, in consideration of the Agreement, the foregoing recitals, the mutual covenants,
terms and conditions hereinafter set fonh and other valuable consideration, the receipt and sufficiency of which
hereby are acknowledged, the City, Developer and Employer do hereby agree to modify, amend and supplement
the Agreement, as follows:
1. Df:ferral qfClosinf Date. The panies hereby acknowledge and agree that the Closing Date specif1.ed
in Section 1.1 of the Development Agreement shall be and hereby is deferred and extended to February 26, 1999,
or such earlier date as may be agreed by the parties.
2. Ratification and Reqffirmation. The Seller and Buyer hereby ratify and reaffirm all terms and
conditions of the Agreement which arc not expressly modified, amended or supplemented herein and
acknowledge and agree that the Agreement, as modified, amended and supplemented hereby, shall continue in
full force and effect for the duration and to the extent therein provided.
Rece.i"ved:
1/29/99 15:38;
1 319 556 4890 -> CITY OF DUBUQUE; Page 3
01".29/99 14: 58
ID:Horizon Development Grp.
FAX: 1-319-556-4890
PAGE
3
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective
duly authorized officers or representatives as of the date and ye<lr first above written.
CITY OF DUBUQUE, IOWA
(the "City")
HORIZON DEVELOPMENT GROUP, LLC
(the "Developer"')
by:
by:
Charles V. Heath, Member
Terrance M. Duggan. Mayor
by:
by:
John K. Faust, Member
Mary A. Davis, City Clerk
by:
John W. Thode, Member
CARTEGRAPH SYSTEMS, INC.
(the "Employer"')
by:
title:
attest:
title:
Page 2
l:\Amcmlmmt No. L to Dnotlapwmt ~rccment lCilr. HOG Ie CutcGupb)