ADC Properties, L.C. at Dubuque Technology Park Titleholder
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RESOLUTION NO. 46 -99
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RESCINDING RESOLUTION NOS. 528-98 AND 529-98 RELATING TO THE
DISPOSITION OF LOTS 4 AND 5, BLOCK 2 OF DUBUQUE TECHNOLOGY
PARK IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 528-98 dated November 16, 1998,
determined that the proposal of Advanced Data-Comm for the purchased of Lots 4 and 5
of the Dubuque Technology Park was in compliance with the terms of offering for the
disposition of such property; and
Whereas, the City Council, by Resolution No. 529-98, dated November 16, 1998,
accepted the proposal of Advanced Data-Comm for the sale and private development of
Lots 4 and 5, Block 2 of Dubuque Technology Park and approved the agreement for the
sale of such property and authorized actions to implement the agreement; and
Whereas, Resolution Nos. 528-98 and 529-98 incorrectly referred to Advanced
Data-Comm and should have referred to ADC Properties, L.C. and Advanced Data-
Comm, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
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Resolution No. 528-98 and Resolution No. 529-98 are hereby rescinded.
Passed, approved and adopted this Is t day of February, 1999.
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CITY OF DUBUQUE, IOWA
MEMORANDUM
January 27, 1999
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT:
Correction of Resolutions for Advanced Data-Comm Disposition
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Community and Economic Development Director Jim Burke is recommending a
change to the resolutions selling land at the Dubuque Technology Park to Advanced
Data-Comm. The actual titleholder to the real estate will be ADC Properties, L.C.,
and their name will be added to the resolutions.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
MCVM/j
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
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CITY OF DUBUQUE, IOWA
MEMORANDUM
January 26, 1999
TO:
FROM:
ommunity and Economic Development Director
SUBJ:
Correction of Resolutions for Advanced Data-Comm Disposition
INTRODUCTION
This memorandum presents for City Council approval three resolutions which correct the
language of two previous resolutions providing for the approval of the sale of Dubuque
Technology Park land for the Advanced Data-Comm project. This action is needed to address a
concern expressed by Advanced Data-Comm's attorney.
DISCUSSION
On November 16, 1998, the City Council adopted two resolutions approving the proposal of
Advanced Data-Comm for the purchase and development of Lots 4 and 5, Block 2 of Dubuque
Technology Park. This action followed a public hearing and a published notice inviting
competing proposals as required by the Urban Renewal Law.
Subsequent to the Council's adoption of the resolutions, Dean Konrardy, attorney for Advanced
Data-Comm advised that he was concerned that the adopted resolutions (No. 528-98 and 529-98)
contain references only to Advanced Data-Comm, Inc. Since the actual titleholder to the real
estate will be ADC Properties, L.C., he has asked that we take the appropriate steps to include
ADC along with Advanced Data-Comm in the resolutions.
In response, Corporation Counsel Barry Lindahl has recommended that the City Council pass a
resolution rescinding the prior resolutions. Two new resolutions incorporating ADC Properties,
L.C. may then be approved.
RECOMMENDATION
I recommend that the City Council adopt the attached resolutions to address the concerns of
Advanced Data-Comm, Inc., regarding reference to ADC Properties, L.C.
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RESOLUTION NO. 47 -99
A RESOLUTION DETERMINING THAT THE PROPOSAL OF ADC
PROPERTIES, L.C., AND ADVANCED DATA-COMM, INC., IS IN
COMPLIANCE WITH THE TERMS OF OFFERING FOR DISPOSITION
OF LOTS 4 AND 5 OF BLOCK 2 OF THE DUBUQUE TECHNOLOGY
PARK IN THE CITY OF DUBUQUE, IOWA.
Whereas, this Council, by Resolution No. 453-98 dated October 5, 1998, nominated the
City Clerk as agent of the City of Dubuque, Iowa, to receive and open on November 12, 1998, at
10:00 a.m. proposals in competition to the proposal of ADC Properties, L.C. and Advanced
Data-Comm, Inc., referred to in said resolution for the sale of Lots 4 and 5 of Block 2 of the
Dubuque Technology Park for development only in accordance with the terms and conditions set
forth in said resolution; and
Whereas, the City Clerk has reported to this Council that no qualified, competing
proposal was submitted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the report of the City Clerk that no qualified competing proposal was
submitted by 10:00 a.m. on November 12, 1998, for the development of Lots 4 and 5 of Block 2
of the Dubuque Technology Park be received, filed and adopted.
Section 2. That it is hereby determined that the proposal of ADC Properties, L.C. and
Advanced Data-Comm, Inc. for development of said property is the only proposal which satisfies
the terms and conditions of the offering set forth in Resolution No. 453-98 adopted by this
Council on October 5, 1998.
Passed, approved and adopted this ~ day of February, 1999.
Attest:
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RESOLUTION NO.48 -99
RESOLUTION ACCEPTING THE PROPOSAL FOR SALE AND PRIVATE
DEVELOPMENT OF LOTS 4 AND 5 OF BLOCK 2 OF THE DUBUQUE
TECHNOLOGY PARK IN THE CITY OF DUBUQUE, IOWA, APPROVING
AGREEMENT FOR SAME, AND AUTHORIZING ACTIONS TO
IMPLEMENT SAID AGREEMENT.
Whereas, this Council, by Resolution No. 453-98 dated October 5, 1998:
1. Adopted terms and conditions for offering for sale Lots 4 and 5 of Block 2 of the
Dubuque Technology Park in the City of Dubuque, Iowa, for sale and private development;
2. Determined that the proposal submitted by ADC Properties, L.C., and Advanced
Data-Comm, Inc. satisfies the requirements of said offering;
3. Declared its intent to accept the ADC Properties, L.C. and Advanced Data-Comm,
Inc. proposal and to enter into a Development Agreement by and among the City of Dubuque, ADC
Properties, L.C., and Advanced Data-Comm, Inc. in the event no other qualified proposals were
timely submitted for development of said property; and
4. Invited competing proposals which met the terms and conditions of said offering to
be submitted to the City Clerk on or before 10:00 a.m., November 12, 1998; and;
Whereas, on or before October 8, 1998, the text of said Resolution was published as the
official notice of this offering and of the intent of the City of Dubuque, in the event no other
qualified proposals were timely submitted, to enter into a Development Agreement by and among
the City of Dubuque, ADC Properties, L.C., and Advanced Data-Comm, Inc.; and
Whereas, by separate Resolution of this date, this Council has received and approved as its
own the report of the City Clerk that no other qualified proposal was received; and
Whereas, it is the determination of this Council that acceptance of the proposal and sale to
and development of the disposition parcel by ADC Properties, L.C. and Advanced Data-Comm, Inc.,
according to the terms and conditions set out in the attached is in the public interest of the citizens
of the City, and is consistent with the City's Urban Renewal Plan for the Dubuque Industrial Center
South Economic Development District aka Dubuque Technology Park.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development Agreement by and among the City of
Dubuque, ADC Properties, L.C., and Advanced Data-Comm, Inc. is in the public interest of the
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citizens of the City of Dubuque and in furtherance of the City's Urban Renewal Project, and is
. hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said Agreement
on behalf of the City 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
comply with the terms of the Agreement as herein approved.
Passed, approved and adopted this 15 t
Attest:
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