Advanced Data-Comm Development Agreement Amendment
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CITY OF DUBUQUE, IOWA
MEMORANDUM
February 25, 1999
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
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SUBJECT: Agreement No.1 to ADC/Advanced Data-Comm Development
Agreement
Community and Economic Development Director Jim Burke is recommending
approval of an amendment to the Development Agreement between the City and
ADC/Advanced Data-Comm. The amendment would defer the closing date from
March 1, 1999 to March 18, 1999 and would allow Advanced Data-Comm to
begin construction on the property prior to the closing.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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('(Li<.a"I c.11 ;11t/ ~..
Midhael C. Van Milligen
MCVM/j
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
February 24, 1999
TO:
~i,chael V ~ Milligen, City Manager
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,James Burke, Community and Economic Development Director
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FROM:
SUBJ:
Amendment No.1 to ADC/Advanced Data-Comm Development Agreement
INTRODUCTION
This memorandum presents for City Council consideration an amendment to the Development
Agreement among the City, ADC Properties, LC (ADC), and Advanced Data-Comm,
Inc.(Advanced). The amendment has been requested by Dean Konrardy, attorney for Advanced.
DISCUSSION
The City Council signed a Development Agreement with ADC and Advanced following a public
hearing on November 16, 1998. The Agreement sets out the terms and conditions ofa the sale
and development of land in Dubuque Technology Park for a new building for Advanced. The
Agreement provides that the closing of the land sale take place on November 18, 1998 with a
$40,000 down payment and the balance due on or before March I, 1999.
Since the approval of the Development Agreement, Advanced has been finalizing its building
plans and its financing. However, due to unforeseen circumstances, ADC did not close in the
time provided. They have asked that the closing date be deferred and extended until March 18.
On that date, the City will have completed the required procedures for issuance of tax increment
notes and will able to fund the Economic Development Grant as provided in the Agreement.
Advanced has also requested the City's approval to begin construction on the property prior to
closing on March 18. This right of access is conditioned on the requirement that the site will be
returned to its original condition should the closing not take place.
The attached Amendment No. I to the Development Agreement incorporates the right of access
provision as well as the deferred closing date.
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. I to the Development
Agreement among the City, ADC and Advanced and authorize and direct the Mayor and City
Clerk to sign on behalf of the City of Dubuque.
L-
02/24/99
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CITY OF DUB. CORP. COUNSEL ~ 319 589 4149 ·
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NO. 012
002
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First Amendment
To Development Agreement
Between
The City of Dubuque, Iowa,
ADC Properties, t.e.
And Advanced Data-Comm. mQ,
This First Amendment to Devolopment Agreoment (Firat Anumdment) is made
and executed as of this........ day of . 1999. by and among the City of Dubuque,
low.J a municipal corporaticm (City), ADC Properties, L,C. (Developer) and Advanced
Data"COIJUX\, Inc, (Employer).
WHEREAS, the parties have entered into a Development Agl'eement dated
November 16, 1998 (Development Agreement) providicg for the purchase, sale,
development and use of certain reat propertY loc:ated in the City ofDubuquc. Dubuque
Cmmty, Iowa (Property).legaUy described as follows:
Lots 4111d S. Block 2 ofDubuqu.e Technology Park
andj
WHEREAS, the parties now mutuany desire to amend the Dcvelopment
Agreement a$ set forth herein.
NOW, THEREFORE, it is agreed by and between the parties that the
Development Agreement is hereby amended IS follows:
,i
1. DefOn'al of Closine Date. The Closing Date established in Section 1.1 of the
Development Apment 89 November 181 1998. is deferred to Marob -,1999.
2, Pro-Closing ConstruQtion by DeveloDer. Section 1.3 of the Development
Agreement is amended by addina thereto the rol.lowmg:
Developer's right of access shall include the right to commence oonstructiOD of
the Minimum Improvements prior to the Closing Date. provided that in the event the
closing of the transaction contemplated by the Development Agreement is not finatlt.ed
for any reason, then Developer shall at its &ole ex.pense retUrn the Property to the
condition it wa$ in prior to the commencement of any such pre-closing constructioo. Prior
to the commencement of any such pre-closing cons1nlCtiODs Developer shall also provide
City with evidence thAt it bas satisfied aU of the insurance requilcmenta let forth in
Seodon 4.4 of the Development Agreement. }JevelopeT fwtber _&feeS to hold City
harmle$& and fully indemnify Cit)' BgaiMt any claim. dama~ or cauae of a<;tion from or
caused by the actions of Developer I its agentl atld r~re$et1tatlves wine out of such ptc-
closing CQt\StrUCtion.
02/24/99
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10'12 ~.~ ce~ lU4U -> ULIV O~ DUBUQUE'
. CITY OF DUB. CORP. COUNSEL? 319 589 4149 . Pag9 3
NO.el12 r;l03
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3. Economic J)evcloomcnt Grant to Enmlover. The date for City .ki"g the
Economic Development Gnnt to Employer previously established in Section 3.3 of the
Developmnt Agreement a& Marth I, 1999, it bereby deferted to the CIOims Date.
4. J(ati6catiOllW Otber Terms and Cnnditions. 1be parties hereby ratify and
reaflinn all other leans and conditiOD$ oftbe I>evelopment Arveement not expressly
modified, lD'lended or supplemented by this First Amendment.
IN WITNESS WHEREOF, the parties hav~ caused this First Amewbnent to be
executed by their respective duly a\thorized officers or representatives IS oftbe date and
year fllst above written,
ADC PROPERl'JES, L.C.
ay
By
ADVANCED DA TA-COMM,lNC.
By
By
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PreDared by: JAMES A. O'BRIEN 491 W. 4th Street DubuQue. Iowa 52001 (319)556-8552
MEMORANDUM OF DEVELOPMENT AGREEMENT
A Development Agreement among the City of Dubuque, Iowa, an Iowa municipal corporation, of
50 W. 13th Street, Dubuque, Iowa, and ADC Properties, L.C., an Iowa limited liability company, of300
CyCare Plaza, Dubuque, Iowa, and Advanced Data-Comm, Inc., an Iowa corporation, of 300 CyCare
Plaza, Dubuque, Iowa, was made regarding the following described premises:
Lot 4 and 5, Block 2 of Dubuque Technology Park, in the City of
Dubuque, Dubuque County, Iowa, according to the recorded plat
thereof, together with all easements, tenements, hereditaments, and
appurtenances belonging thereto.
The Development Agreement was signed on the 16th day of November, 1998 and contained
covenants, conditions and restrictions concerning the use and sale 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 ofthis Memorandum and the Development Agreement
itself, executed by the parties, the terms and provisions of the Development Agreement shall prevail.
DATED this
day of
,1999
CITY OF DUBUQUE, IOWA
ADC PROPERTIES, L.c.
By:
By:
I ~ ;.L!.J/' i. /s:'~,U'-<-
.chael J. Budde:j Member
?/1~ ?1~RI ~
~m MIller, Member
By:
By:
ADVANCED DATA-COMM, INC.
By:
By:
. .
.
x
STATE OF IOWA
ss:
DUBUQUE COUNTY
x
On this /~ay of 7Jvtt~ ,1999, before me, a Notary Public in and for the State of
Iowa, in and for said county, personally appeared Terrance M. Duggan and Mary A. Davis, to me
personally known, who being by me duly sworn did say that they are the Mayor and 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 CI acknowledged said instrument to be the free act and
deed of said Municipal Corporation by it vol lly ~xecuted;--
x
STATE OF IOWA
ss:
DUBUQUE COUNTY
x
On this ).<5tf day of e , 1999, before me, a Notary Public in and for the State
ofIowa, in and for said county, personally ap ared Michael J. Budde and Melvin Miller, to me personally
known, who being by me duly sworn did say that they are members of said limited liability company and
that said instrument was signed on behalf ofthe said limited liability company by authority of its members
and managers and that the said members acknowledged the execution of said instrument to be the
voluntary act and deed of said limited liability company by it voluntarily executed.
/~~ .c:::-
Notary Public, State ~a
x
STATE OF IOWA
ss:
DUBUQUE COUNTY
x
On this ']41.1 day of ;:; {ftA-~ ' 1999, before me, a Notary Public in and for the State
ofIowa, in and for said county, personally appeared Michael J. Budde and Melvin Miller, to me personally
known, who being by me duly sworn did say that they are the President and TrpasurPr of said corporation
and that said instrument was signed on behalf of the said corporation by authority of its board of directors
and that the said officers of the corporation acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation by it and by them voluntarily executed.
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Notary Public, Stat owa