Horizon/CarteGraph Development Agreement Amendment
" .I
CITY OF DUBUQUE, IOWA
MEMORANDUM
February 25, 1999
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: A~mendment No.2 to Horizon/CarteGraph Development Agreement
Community and Economic Development Director Jim Burke is recommending
approval of a second amendment to the Development Agreement between the City
and Horizon/CarteGraph Systems, Inc. The amendment would defer the closing
date from February 26, 1999 to March 31, 1999.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/j
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Jim Burke, Community and Economic Development Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
February 24, 1999
TO:
SUBJ:
Michael Van illigen, City Manager
~es Bur e, Community and Economic Development Director
Amendment No.2 to Horizon / CarteGraph Development Agreement
FROM:
INTRODUCTION
This memorandum presents for City Council consideration a second amendment to the
Development Agreement among the City, Horizon Development Group, LLC (Horizon), and
Carte Graph Systems, Inc.(CarteGraph). The amendment has been requested by Tim PuIs of
Horizon.
DISCUSSION
The City Council signed a Development Agreement with Horizon and Carte Graph following a
public hearing on January 18, 1998. The Agreement sets out the terms and conditions of the sale
and development of land in Dubuque Technology Park for a new building for CarteGraph. The
Agreement originally provided that the closing ofthe land sale take place on January 29.
However, Horizon requested and the City Council approved Amendment No. 1 on February 1,
which deferred and extended the closing date until February 26.
At this time, Horizon reports that although it has made substantial progress in finalizing its
building plans and financing, it is not prepared to close. They have therefore asked that the
closing date be deferred.
The attached Amendment No.2 to the Development Agreement provides that the closing date is
deferred and extended until March 31 or such earlier date as may be agreed by the parties. 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.2 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.2
TO
DEVELOPMENT AGREEMENT
THIS AMENDMENT (the "Amendment"), made and executed as ofthis 1st day of March 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 of Iow(l, 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, as amended by Amendment No.1 thereto dated February J, 1999 (together, the "Development Agreement"),
pertaining to, inter gJjq, the purchase, sale, development and use of certain real property located in the City of Dubuque,
County of Dubuque, State ofIowa (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 were unable to satisfy all conditions and
requirements precedent to closing prior to the expiration of deferred deadline for closing, February 26, 1999, and again
wish to further 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 ofwhich 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 parties 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 March 3 J, 1999, or such
earlier date as may be agreed by the parties.
2. Ratification and Reaff;rmation. 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 be and hereby is reinstated and shall continue in
fun force and effect for the duration and the extent therein provided.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duty
authorized officers or representatives as ofthe date and year first above written.
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:
Terrace M. Duggan, Mayor
Mary . Davis, City Clerk
CARTEGRAPH SYSTEMS, INC.
(the "Employer")
by: r
title: Pre- e 4 l
attest: (�/r/1/X- a 1l
title: condo- r /?C- a
HORIZON DEVELOPMENT GROUP, LLC
(the "Developer")
by:
Charles V. Heath, Member
by: (,�� k a��
John K. Faust, Member
by:
Jo n W. Thode, Member
Page 2 J;\Amendment No. 2 to Development Agreement (City, HDG & CineGraph)
03 March 1999
Mr. James Burke
Community and Economic Development Director
City of Dubuque
50 West 13th Street
Dubuque, IA 52001
Re: Cartegraph Systems, Inc.
Amendment No.2 to Development Agreement
Dear Jim:
Please find enclosed three original Amendment NO.2 to Development Agreements between the
City of Dubuque, Iowa, Horizon Development Group, LLC and CarteGraph Systems, Inc.
Please have all three documents executed by Mayor Terrance Duggan and Ms. Mary Davis.
Once fully executed, please return two originals to my attention. I will forward one original to Mr.
Scott Taylor. Please keep one original for your files.
Should you have any questions, please do not hesitate to contact me at 556-1188.
Sincerely,
imothy J. Puis
Vice President of Development
c: File
49 Kessel Coun, Suite 211 . Madison. WI 53711 . (608) 274.1188 . FAX (608) 274.2363
1660 Embassy West Drive, Suite 250 . Dubuque, lA 52002 . (319) 556.1188 . FAX 319 556.890