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ADC Properties/Advanced Data-Comm Development Agreement 2nd Amendment111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1111 Doc ID 008360000004 Type GEN Kind: AFFIDAVITS Recorded: 12/11/2015 at 02:01:44 PM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder F11e2015-00015702 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 CORRECTED AFFIDAVIT Re: Lot 4 and Lot 5 of Block 2 of Dubuque Technology Park in the City of Dubuque, Dubuque County, Iowa (hereinafter the "Real Estate") STATE OF IOWA, COUNTY OF DUBUQUE ) SS: The undersigned, being first duly sworn on oath, states: 1. I am the Finance Director for the City of Dubuque, Dubuque County, Iowa. 2. This Affidavit corrects the Affidavit of Kenneth J. TeKippe dated July 31, 2014, filed August 6, 2014 as Instrument No. 2014-8509. Said Affidavit should have referenced Instrument No. 10226-98, not Instrument No. 10266-98. 3. I am personally familiar with any and all assessments paid, due and/or owing concerning the Real Estate and specifically pursuant to that certain Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges filed in the office of the Dubuque County Recorder on June 30, 1998 as Instrument No. 10226-98, and that certain Minimum Assessment Agreement filed in the office of the Dubuque County Recorder on March 18, 1999 as Instrument No. 4705-99 (collectively the "Agreements"). 4. I know of my own personal knowledge that the titleholder of the above-described property has satisfied all outstanding obligations under the Agreements regarding the Real Estate, including the payment or all dues and assessments that are due and owing for such Real Estate, through and including the date of this Affidavit. 5. This Affidavit is made from my own personal knowledge. Dated this (C) day of , 2015 CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Kenneth J. TeKipe, Finance Director This instrument was subscribed and sworn to before me this /U of...)6e, x.ns(o- 2015, by Kenneth J. TeKippe as Finance Director for the City of Dubuque, Dubuque County, Iowa. F� L. Commission Number 719986 My Commission Expires •i3 • I Nota Public in and for the State of Iowa F:\USERS\tsteckle\Lindahl\Industrial Park Covenants\TeKippeAffidavit_Corrected_120715.doc -106 - AFFIDAVIT Filed August 6, 2014 AFFIDAVIT 2024-8509 Re: Lot 4 and Lot 5 of Block 2 of Dubuque Technology Park in the City of Dubuque, Dubuque County, Iowa (hereinafter the "Real Estate") STATE OF IOWA, COUNTY OF DUBUQUE) SS: The undersigned, being first duly sworn on oath, states: 1. I am the Finance Director for the City of Dubuque, Dubuque County, Iowa. 2. I am personally familiar with any and all assessments paid, due and/or owing concerning the Real Estate and specifically pursuant to that certain Declaration of Covenants, Conditions, Restaictions, Reservations Easements, Liens and Chargers filed in the office of the Dubuque County Recorder on June 30, 1998 as Document No. 10266-98, and that certain Minimurn Assessment Agreement filed in the office of the Dubuque County Recorder on March 18, 1999 as Document No. 4705-99 (collectively the "Agreements"). 3. I know of my own personal knowledge that the titleholder of the above-described property has satisfied all outstanding obligations under the Agreements regarding the Real Estate, including the payment of all dues and assessments that are due and owing for such Real Estate, through and including the date of this Affidavit. 4. This Affidavit is made from my own personal knowledge. Dated this 3 ( day of , 2014. City of Dubuq By: r Ken TeKippe, ue, Dubuque County, Iowa an e/D'rector This instrument was subscribed and sworn to before me this ce(Sl day of , 2014, by Ken TeKippe as Finance Director for the City of Dubuque, Dubuque Age Notary Public in and for the State of Iowa es -4 KEVtN S. FIRt4STAHL COMMISSION NO.745295 MYMMfSSlON EXPIRES (18 DUBUQUE TECHNOLOGY PARK 10226-1998 STATE OF IOWA10226_199 Filed June 30, 1998 1 DEC[ q N OF cOUfiTY OF DUBUpU1 E ss• CONDITIONS, SRCVENs, RESERVATPONS, I�EON S, LIENS AND CHARGES S TheSth City of Dubuque, Iowa, COW) on this __ day of ane i998_ y makes THIS DECLARATION BACK____LUNO State of Iowa, City is the h owner sc bed as Dubuque t ech ology County of Dubuque Iowa, which City hagaused the Pfaf r said subdivision 9Y Paris d as instrument N0• i° a3`66 _ he Mar bdivision to be • County, Myra subdividin ove descrt ed real estate. e office of the e Recorder of Dubuque City will convey the parcels of real estate subject Io certain protective covenants, composing easements, Gens and conditions, said subdivision charges as hereinafter set Forth, restrictions, reservations, DEC,4¢_____ nN The following provisions isions are set forth to guide the initial development provide a formal is provide objective for ongoing management of Dubuque and is the t to a these provisions to set Forth um standards ds ft and aesthetics tions to cre lire cabusiness center that emphasizes phasizes fhe standards and a continuity and cam Specifics/1y, these provisions intend i appearance landscaping and Other atibiliity of exterior appearance thruu n to emphasize exterior features, through building facades, City hereby declares that all of the Pro held, sold and conveyed subject to the following restrictions, reservations, pontes described herein shalt be purpose ns, reservations, easements, liens and all of which are for the said real enhancing and protectingcharges all of which are for the rY• These the value, ions, restrictions, ests and attractiveness of easements, liens and charges covenants, conditions, rges shall run with the land and is aft be binding on ll parties Navinhalf be binding on all described g or acquiring any right, thereof. or any par thereof, anPiite or interest in the Pro shalt inure to the b penes herein benefit of each owner ARTICLE I. DEFINITIONS Section 1. "Properties" shall and al! portions thereof, er the real mean and additionsortionsserer to each and every, parcel as may be hereafter padded hetero before described and such Section 2• "Lor shalt mean hyla and dref any any plot of land, except Public Areas and public rights-of-way, on Properties. Y recorded Subdivision Plat of the Section 3. "Owner" shall mean and refer to whether one or more persons or entities, Par of the Properties, includinof g the record which la 9 contract sellers bu Ale puts to any Lot which is a excluding those having such interest merely as security for the performance of an obligation. 4. recreational P rkblcAres shall mean and serer to the landscaped areas, identified by the plat attached hereto water retention a this biter th the a as Lots 0 and E he detention areas of The Fabric Areas shalt ownership hip of which shall be retained the C Ly of a public_open to the public by he City of Dubuque. of P for the use and enjoyment 4the 1 Ymant of the ARTICLE 1 L. ANNEXATION OP ADDITIONALP`OPERTy by insf Alan( duce within twenty-five (25) years from the date hereof, City may, y executed and recorded, add additional land to the Properties. ARTICLE IiI• PUBLIC AREAS City shay cause the construction o Maintenance and repair of the Public f pee improvements Maintes nc nd itsiry in the Public Areas. andeby the City with the costs of such maintenance and aha(! be the paid wears. Private o subovate connections abbe and repAir assessed thend responsibility ofintenan Owner andLce and etair of such proivate the necPubtto Areas priva¢e connections shall abe the (83) I Page of ?? Kevin Firnstahl Fwd: 301 Data Court, Dubuque ? From:Ken Tekippe To:Firnstahl, Kevin Date:12/03/2015 3:37 PM Subject:Fwd: 301 Data Court, Dubuque Attachments:Affidavit City of Dubuque.pdf; Covenants.pdf > Kevin are you in the loop on this, seems straight forward to change? to legal? Ken >>> Deb Crittenden <deb@ankenylaw.com> 12/3/2015 2:58 PM >>> Mr. TeKippe, Attached is a copy of an Affidavit executed by you and filed with the Dubuque County Recorder. Also, attached is the first page of the Covenants. The Affidavit references the wrong Book number for the Covenants. The Affidavit shows 10266. As shown on the Covenants, it should be 10226. Would you please file a corrected Affidavit. If you have any questions, please let us know. Thank you, Deb Deb Crittenden Legal Assistant to James M. Gocke Lamberti, Gocke & Luetje, P.C. 210 N.E. Delaware Avenue, Suite 200 Ankeny, Iowa  50021 Telephone:  (515) 9648777 ? Facsimile:    (515) 9648796 ? www.ankenylaw.com This electronic transmission (and any enclosures or attachments thereto) is for the sole use of those identified by the author and is the property of the author and Lamberti, Gocke & Luetje, P.C. It is confidential and may be protected by the attorney/client privilege. Any further distribution or copying of this message is strictly prohibited by law. 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Click here to report this email as spam. file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/566061A7DBQ_DODBQ_PO1...12/09/2015 . . . Council Member Voetberg introduced the following Resolution entitled "RESOLUTION APPROVING SECOND AMENDMENT TO DEVELOPMENT AGREEMENT", and moved that the same be adopted. Council Member Buol seconded the motion to adopt. The roll was called and the vote was, AYES: Duggan, Buol, Markham, Michalski, Nicholsoo, Robbins, Voetberg NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 124-99 RESOLUTION APPROVING SECOND AMENDMENT TO DEVELOPMENT AGREEMENT WHEREAS, the City of Dubuque, Iowa (the "City"), ADC Properties, L.C. (the "Developer"), and Advanced Data-Comm, Inc. (the "Employer") are parties to a Development Agreement dated as of November 16, 1998, as amended (together, the "Development Agreement"), with respect to the construction of certain Minimum Improvements on the Development Property described therein; and WHEREAS, the Development Agreement provides for the issuance of an urban renewal tax increment revenue obligation by the City as a means of funding an Economic Development-Grant to the Employer; and WHEREAS, the parties have determined to amend the Development Agreement so as to provide further assurances to the purchaser of the City's tax increment obligation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: - 3 - . . . 1. The form and content of the Second Amendment to Development Agreement, in the form presented to this meeting, is hereby authorized and approved, and the Mayor and the City Clerk are hereby authorized and directed to execute and seal the same on behalf of the City in the form so presented, but with such changes as to them shall be necessary or appropriate, upon the advice of the Corporation Counsel, and thereafter to cause the City to comply with the terms of the Second Amendment to Development Agreement as so executed. PASSED AND APPROVED this 15th day of March , 1999. ATTEST: ~()~ City C - 4- . . . CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF DUBUQUE ) I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement ofthe meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 16th day of March , 1999. SEAL DCORNELL\1771 09\1 \1 0422052 . . . March 15 , 1999 The City Council of Dubuque, Iowa, met in regular Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at the above date. There were present Terrance M. Dugqan following named Council Members: Roy Buol, John Markham, Ann Michalski, Dan Nicholson, Joe Robbins, Dirk Voetberg Absent: None ********* - 2- session, in the 7 o'clock ~.M., on , in the chair, and the . . . SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This Second Amendment to Development Agreement (the "Amendment") is made as of the 15th 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 Iowa, as amended, ADC Properties, L.c., an Iowa limited liability company (the "Developer") and Advanced Data-Comm, Inc., an Iowa corporation (the "Employer"). WHEREAS, the City, the Developer and the Employer are parties to a Development Agreement dated as of November 16, 1998, as amended (together, the "Development Agreement"), with respect to the construction of certain Minimum Improvements on the Development Property described therein; and WHEREAS, the Development Agreement provides for the issuance of an urban renewal tax increment revenue obligation by the City as the means of funding an Economic Development Grant to the Employer; and WHEREAS, the parties have determined to amend the Development Agreement so as to provide further assurances to the purchaser of the City's tax increment obligation. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties thereto, each of them does hereby covenant and agree with the other as follows: Section 1. New section added to Development Agreement. There is hereby added to the Development Agreement, as a new Section 4.11, the following provision: Section 4.11. Developer Guaranty. The parties reasonably expect that the annual tax increment revenues to be derived from the Property and the Minimum Improvements in any year will exceed the minimum amount needed to pay when due the principal and interest of the Notes maturing and coming due in that year. Developer agrees that if for any reason the tax increment revenues collected by the City in respect of the Property and the Minimum Improvements are less than the amount necessary to pay all of the principal and interest on the Notes coming due on the next payment date, then Developer shall pay to the City, promptly upon City's written - 1 - . . . demand therefor, the difference between (i) the tax increment revenues actually collected by City and available for prepayment of the Notes and (ii) the amount of principal and interest then due on the Notes. Section 2. Ratification. Except as set forth herein, all of the terms and conditions of the Development Agreement are hereby ratified, confirmed and approved and remain in full force and effect as provided therein. Section 3. Binding Effect. This Amendment shall be binding upon and shall enure to the benefit of the City and the Developer and their respective successors and assIgns. IN WITNESS WHEREOF, the City has caused this Amendment to be duly executed in its name and behalf by its Mayor and attested by its City Clerk, and Developer has caused this Amendment to be duly executed in its name and behalf by its President and attested by its Secretary, and Employer has caused this Amendment to be duly executed in its name and behalf by its President and attested by its Secretary, all as of or on the day first written above. CITY OF DUBUQUE, IOWA By: ATTEST: By: ~~ 11~ Mary i Davis, City Clerk -2- . . . By: Its: ATTEST: By: .~l'~~ Its: See etary/Man er By: Its: ATTEST: By: 2Z2-</ l7fJ Le-- Its: Seer ary DCORNELL\!7562!\! \10422052 ADC PROPERTIES, L.C. J1{~J J.(~~~ PresidentIManagerf ADVANCED DA T A-COMM, INC. )/(JJ I~~ President / - 3 - .' . Preoared by: James D. Burke. 50 W. 13th Street. DubuQue. Iowa 52001 (319) 589-4393 MINIMUM ASSESSMENT AGREEMENT THIS MINIMUM ASSESSMENT AGREEMENT, dated as of this ~ day of _ March , 1999, by and among the CITY OF DUBUQUE, IOWA, (the "City"), ADC PROPERTIES, LC, its successors and assigns, (the "Developer"), and the CITY ASSESSOR for the City of Dubuque, Iowa (the "Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a Development Agreement as of November 16, 1998 (the "Agreement") regarding certain real property located in the City legally described as follows: Lots 4 and 5, Block 2 of Dubuque Technology Park, in the City of Dubuque, Dubuque County, Iowa (the "Development Property"); and . WHEREAS, it is contemplated that pursuant to said Agreement, the Developer will undertake the development of the Development Property, which is within the Dubuque Industrial Center/South Economic Development District established under Urban Renewal Plan adopted by Resolution No. 141-97 on April 7,1997; and WHEREAS, pursuant to Section 403.6 of the 1997 Code of Iowa, as amended, the City and the Developer desire to establish a minimum actual value fl)r Development Property, facilities and the equipment thereon to be constructed '"',. " eloper pursuant to the Agreement (defined therein as the "Minimum 11ll1"'~ WHEREAS, the City and the Assessor l specifications for the Minimum Improvements wi NOW, THEREFORE, the parties to this consideration of the promises, covenants and agret. agree as follows: a,,y'(l hy<V ? ' ~ uy plans and ~ erected. "eement, in .. ,cr, do hereby . 1 . Upon substantial completion of construction of the above-referenced Minimum Improvements by the Developer, but no later than January 1, 2000, the minimum actual taxable value which shall be fixed for assessment purposes for the Development Property and Minimum Improvements to be constructed thereon by the Developer shall be not less than Five Million One Hundred Thousand Dollars ($ 5,100,000.00), (hereafter referred to as the "Minimum Actual Value") until termination of this Minimum Assessment Agreement. . . The parties hereto expect that the construction of the above-referenced Minimum Improvements will be completed on or before January 31,2000. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code Section 403.6(19) to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek to reduce the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 2. The Minimum Actual Value herein established shall be of no further force and effect and this Minimum Assessment Agreement shall terminate on January 31,2012. 3. This Minimum Assessment Agreement shall be promptly recorded by the Developer with the Recorder of Dubuque County, Iowa. The Developer shall pay all costs of recording. 4. Neither the preambles nor provisions of this Minimum Assessment Agreement are intended to, or shall be construed as, modifying the terms of the Agreement between the City and the Developer. 5. This Minimum Assessment Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, and all holders of mortgages upon or security interests in the Development Property or Minimum Improvements granted prior to the date hereof, to secure any loans with respect to the Development Property or Minimum Improvements, that execute the consent attached hereto. THE CITY OF DUBUQUE, IOWA ~ DEVELOPER By: By: By: /y?'~L,-,C' / ;:$~P-- II Te By: . . . STATE OF IOWA ) ) SS COUNTY OF DUBUQUE ) On this 15 day of March , 1999, before me a Notary Public in and for said County, personally appeared Terrance M. Duggan and Mary A. Davis to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing 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. Notary Public in and for Dubuque County, Iowa STATE OF IOWA ) ) SS COUNTY OF DUBUQUE ) On this _ day of , 1999, before me a Notary Public in and for said County, personally appeared and to me personally known, who being duly sworn, did say that they are the individuals who executed the foregoing instrument; and and acknowledged the execution of said instrument to be effected in the name and on behalf of Developer therein identified, as the voluntary act of said entity. Notary Public in and for Dubuque County, Iowa . . . . . CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, upon completion of Minimum Improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion shall not be less than Five Million One Hundred Thousand Dollars ($5,100,000.00), until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Dubuque City Assessor for the City of Dubuque, Iowa Date STATE OF IOWA ) ) SS ) COUNTY OF DUBUQUE Subscribed and sworn to before me by City of Dubuque, Iowa. , City Assessor for the Notary Public in and for Dubuque County, Iowa Date . . CONSENT The undersigned, a holder of a mortgage granted prior to the date hereof to secure a loan made with respect to the Development Property or Minimum Improvements, hereby consents to the execution and recording of the foregoing Minimum Assessment Agreement and agrees to be bound thereby. American Trust and Savings Bank By: (Name) (Title) F:\USERS\JBURKE\BURKE\DOCSIECDEV\ADVDA T A\MIN-ASSE.AGR . . . G' t, I j', \ O nj"*< \ -\ \ .\~ jJ, · , . \ I I'" I \_ (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Dubuque, Iowa. Date of Meeting: March 15 , 1999. Time of Meeting: 7 o'clock p.M. Place of Meeting: Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: Dubuque Industrial Center/South Economic Development District Resolution approving Second Amendment to Development Agreement Such additional matters as are set forth on the additional 6 page(s) attached hereto. (number) This notice is given at the direction of the City Councpdrsuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. ~()~ CIty CI, ' Dubuque, Iowa . ... .. . CITY OF DUBUQUE, IOWA MEMORANDUM March 9, 1999 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment No.2 to ADC/Advanced Data-Comm Development Agreement . Community and Economic Development Director Jim Burke is recommending approval of a second amendment to the Development Agreement between the City and ADC/Advanced Data-Comm. The amendment would add a provision that would require the property owner (ADC) to pay to the City any difference between the actual tax revenue collected in any year and the actual debt service required by the Tax Increment Revenue Bonds. This language would become standard in future development agreements. 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 March 8, 1999 FROM: es Burke, Community and Economic Development Director TO: SUBJECT: Amendment No.2 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 Advanced's lender prior to their purchase of Tax Increment Revenue Bonds for the Advanced project at the Dubuque Technology Park. . DISCUSSION On November 16, 1998, the City Council approved a Development Agreement with ADC and Advanced following a public hearing. The Agreement sets out the terms and conditions of the sale and development of land in the Tech Park for Advanced. During negotiations for sale of the Tax Increment Revenue Bonds with Advanced's lender, it was determined that a provision should be added to the Development Agreement that would require the property owner (ADC) to pay to the City any difference between the actual tax revenue collected in any year and the actual debt service required by the bonds. The new section to be added to the Development Agreement provides that ADC will fill any "gap" that might exist. While the company must sign a Minimum Assessment Agreement, a gap may still develop in actual tax revenues collected if the millage rate would be reduced. The City's bond counsel prepared the amendment to ensure it would meet the City's and lender's needs as regards safeguarding bond repayment. The same language was used in the Eagle Window & Door Development Agreement and will become standard in future agreements. RECOMMENDATION I recommend that the City Council approve the attached Amendment No.2 to the Development Agreement among the City, ADC and Advanced and authorize and direct the Mayor and City Clerk to sign on behalf ofthe City of Dubuque. Prepared by: Pamela Myhre-Gonyier Associate Planner . Attachment 3/8/99 F:\USERS\P AMMG\WPDOCS\LOANDOC\ADVDA T A\AMEND2.MEM