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Theisen Supply Inc., Expansion DICW
Masterpiece on the Mississippi Dubuque bierd All-America City 1 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Expansion of Theisen Supply, Inc. at the Dubuque Industrial Center West DATE: July 6, 2012 On February 20, 2012, the City Council held a public hearing and approved the disposition of 5.7 acres of land in the Dubuque Industrial Center West to Leo A. Theisen. As the City began preparing for the closing on the property, it was discovered that the notice of the public hearing on the sale of land was not published in the Telegraph Herald as required. To fulfill all requirements for this sale, Economic Development Director David Heiar is recommending that the City Council approve disposition of approximately 5.7 acres in the Dubuque Industrial Center West to Leo Theisen for the purpose of constructing an 80,000 square foot warehouse expansion. All the proposed incentives and stipulations of the previously approved agreement remain the same except for the extension of the closing date to September 1, 2012. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager David J. Heiar, Economic Development Director Masterpiece on the Mississippi Dubuque katil All- America City hill! 2007 TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Director DATE: July 3, 2012 SUBJECT: Expansion of Theisen Supply, Inc. at the Dubuque Industrial Center West INTRODUCTION This memorandum presents for City Council consideration a Resolution disposing of approximately 5.7 acres identified on the attached exhibit to Leo Theisen who will be constructing an 80,000 sq. ft. warehouse expansion for Theisen's Supply, Inc. The attached Resolution approves the disposition of this property to Leo Theisen. On February 6, 2012, the City Council set a public hearing on the disposition of the approximately 5.7 acres of land and on February 20, 2012 the City Council previously held the public hearing and approved the disposition of the property to Leo A. Theisen. As the City began preparing for the closing on the property, City staff discovered that the notice of the public hearing on the sale of the land was not published in the Telegraph Herald as required. City staff sent the notice to be published but the Telegraph Herald somehow missed publishing the notice. We are required by Chapter 403 of the Iowa Code to publish the notice of proposal, prior to disposing of an interest in City of Dubuque real estate. On July 2, 2012, the City Council reset a public hearing on the disposition of the approximately 5.7 acres for July 16, 2012. BACKGROUND City staff worked with the Greater Dubuque Development Corporation, Leo Theisen and Theisen Supply, Inc. on an expansion at the Dubuque Industrial Center West. Theisen's intend to expand their current warehouse /office complex at 6201 Chavenelle Rd. They have committed to retaining the current 77 FTE positions, and adding at least 10 new jobs at the new facility. The current Theisen Supply, Inc. building is approximately 110,000 sq. ft. and consists of the company's corporate office and nearly 100,000 sq. ft. of warehouse space. This building was constructed in 2006. At that time, the company had 48 FTE's and committed to the creation of 10 new positions. Today the company actually has 77 FTE's, which well exceeds the commitment made in 2006. Theisen Supply, Inc. continues to add new stores and expand existing stores creating a need for additional warehouse space. DISCUSSION The proposed Development Agreement provides for several incentives to encourage the local expansion. An Acquisition Grant reduces the asking price of the land from $100,000 /acre to $50,000 /acre. The 5.7 acre site is intended for future expansion since the current expansion will completely utilize the existing site. If an expansion does not occur within a 10 year time frame, the acquisition grant for this pro -rated portion of land must be repaid to the City. If an expansion takes only a portion of this extra land, the 10 year time limit restarts, until the complete expansion site is utilized or the pro -rated land acquisition grant is repaid. The agreement stipulates construction of an 80,000 sq. ft. warehouse expansion. A 5- year property tax rebate on the building has been offered to the company to assist in their expansion. The rebate is a form of tax increment financing without issuing a tax increment finance bond to loan monies to the company upfront. As the company pays its future tax obligation on the new facility, the City will rebate 100% (minus debt service and the School District Physical Plant and Equipment Levy) of the new TIF increment for 5 years. The attached Development Agreement establishes the terms of the sale of the property to Leo Theisen and Theisen Supply, Inc. The key elements of the agreement include the following: 1) The purchase price is $100,000 per acre for 4.9 useable acres. A portion of the site , .8 acres, is considered unusable. An Acquisition Grant to the developer reduces the cost to $50,000 per acre. 5.7 acres of this site is identified for future expansion. If such expansion does not occur, this acquisition grant will need to be repaid to the City, or the land needs to be sold back to the City at the same price. The City will also convey a permanent access easement over Lot 1 (see attached Exhibit B) for a future access road which will be constructed and maintained by the developer. 2) The property will be conveyed on or before September 1, 2012. 3) The company must construct a building of approximately 80,000 sq. ft. costing approximately $2,000,000. 4) Theisen Supply, Inc. must retain 77 FTE positions and create 10 new jobs within three years. The 87 jobs must be retained for 3 additional years after the initial 36 months. 5) The company will receive a 5 year TIF in the form of a yearly tax rebate on the value of the assessable improvements. Additional terms and conditions of the disposition of the property are included within the attached Development Agreement. RECOMMENDATION I recommend that the City Council approve the extension on the closing date. All the proposed incentives and stipulations of the previously approved Development Agreement remain the same except for the closing date, which would be extended due to the publication mishap. This action supports the Council's objectives to assist a local business expand its operations and create new jobs. ACTION STEP The action step for the City Council is to adopt the attached Resolution. Attachment F \USERS \Econ Dev \Theisen's \Theisen Expansion \Council Items for Resetting Public Hearing \20120626_RE - Approve DA Theisen Expansion_Council memo doc 3 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 563 583 -4113 RESOLUTION NO. 194- -12 DISPOSING OF CITY INTEREST IN REAL PROPERTY BY THE SALE OF 5.7 ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST TO LEO A. THEISEN AND THEISEN SUPPLY, INC. Whereas, the City Council, by Resolution No. 176 -12, dated July 2, 2012 declared its intent to enter into a Development Agreement with Leo A. Theisen and Theisen Supply, Inc. for the sale of 5.7 acres in the Dubuque Industrial Center West legally described as: Lot 2 of 2 Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on July 16, 2012 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by Leo A. Theisen according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement by and between the City of Dubuque, Leo A. Theisen and Theisen Supply, Inc. for the sale of the Property is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City and the City Clerk is authorized and directed to attest to his signature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 16th day of July, 2012. Attest: Kevin . rns ahl, City Ierk Roy D. uol, Mayor Prepared by: David J. Heiar, Economic Development Dir., 50 West 13th Street, Dubuque IA 52001 563 583 -4393 Return to: David J. Heiar, Economic Development Dir., 50 West 13th Street, Dubuque IA 52001 563 583 -4393 RESOLUTION NO. 176 -12 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH LEO A. THEISEN AND THEISEN SUPPLY, INC AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 2 of 2 Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa And Whereas, City and Leo A. Theisen and Theisen Supply, Inc. have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa, pursuant to which City will convey the Property to Leo A. Theisen and Theisen Supply, Inc. as shown on Exhibit B attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agreement, including the conveyance of the Property to Leo A. Theisen; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and /or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing - described Property by Deed to Leo A. Theisen. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described Property, to be held on the 16th day of July, 2012, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Leo A. Theisen and Theisen Supply, Inc. the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the funding of economic developments grants to Leo A. Theisen pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations will be approximately $375,000. Section 4. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 5. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. Passed, approved and adopted this 2nd day of July, 2012. R. " W. Jone Mayor Pro -Tem Attest: _ ':: :, 4 % %.., C EXHIBIT !3 14 �'•�y'..• MFh a;l i .: IiTLL aLIE Ix FEET :• ' 30 '1W •TRUOTIAM. 010•171712 RBg'S9 p7£ — ...... ACRES •, _SO2 Ifw l PROPOSED SUBDIVISION NAME ' DUBUQUE INDUSTRIAL CENTER WEST 9TH ADDITION _._ 71r.' _ . • %''e --... I- '_ ; ; _ ., •.' _ 1 = BEING A DIVISION OF LOT 2 -2 IN - - \`1 DUBUQUE INDUSTRIAL CENTER WEST 5111 ADDITION fTHEISEN'S EXHIBIT B 11111111 911110 an 101•• 'UE lie 410 �.::I.l. +z�- Wpi.6..v1•. -�. ,v: : ,: .: v h Ef.F 1 � " {� 5:7 ACRES l / % • _ 1 1 I n 1 oa Iii , s T LOT 2 I I` �: N 1 14 gUILO�LC AREA tiL� ACRES / — .' � ��� .3 � ..Te•',R, %�A ;.•II �!' • t, w . rji .- AREA EAST OF ACG_'> - o - a - 10.527 SF or 0 2•i � l F d i kk °" •�- • -!.- —3 79 ACRES-1 5 4Za3 Sf °r ° I i 220.48 EX3B I,.. RESOLUTION NO. 176-12 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE ,AND FIXING;7'HE DATE FOR A PUBLIC "HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA •1.0N. THE PROPOSED ISSUANCE OF URBAN RENEWAL TAIL INCREMENT REVENUE' • r BLIGA- TIONS AND ` ' THE EXECUTION OF . A DEVELOPMENT AGREEM- NT RELATING THERETO WITH LEO A. THEISEN AND THEISEN . SUP- PLY, ,','INC AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 2 of 2 Dubuque Industrial Center West 5th Addition ;in the City of Dubuque, Iowa; and Whereas, City and Leo A. Theisen and Theisen Supply, Inc. have entered into :a Devel- opment Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central _ Avenue, Dubuque, Iowa, pursuant to which City will convey the Property to Leo A. Theisen and Theisen Supply, Inc. as shown on Exhibit B attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Develop- ment Agreement, including the convey- ance of the Property to Leo A. Theisen; and Whereas, it is deemed necessary and advis- able that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be, approved, Chapter 403 . of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council 1. proposes to take action thereon and at which meeting the . City Council shall receive oral and /or written objections from any resident or property .owner of said City to rsuch proposed action. NOW THEREFORE, BE IT •RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L The City of Dubuque intends, to dispose of its interest in the foregoing- described , Property by Deed to Leo A. Theisen., Section 2. The City Clerk is hereby authorized and direct- ed to cause this Resolution and a notice to be •published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing - described Proper to be held on the 16th day, of July,` 2012, at 630 o'clock p.m. in the City Council Chambers, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Council will also meet at said•time and place for the purpose of taking action on the matter of authorizing 'Urban Renewal Tax Increment • Revenue obligations and 'the execution of the Development Agree- ment relating thereto with Leo A. Theisen and Theisen Supply, Inc. the proceeds of which obligations. will be used .. to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the • FA—Theusn aTTrn T>I di en funding • of economic developments grants fo, Leo ;'A: • ,Theisen pursuant° to the°. Devel'd,pment . "Agree meat 'linger. the '.terms, and conditions of said • UrbanRe�. rlewal Pl�aj� :It is ei(peeted that, the aggregate? amount •of tite 'Taxi � '•• Intre4i lent Reterfu'e.!; : obltgations 111i;be,,i,ap'proicimately 500'0,'r4,„ SectlOn. The Clerk is hereby directed • to cause'.. at •least lone pub'li'atiop'to'be'rhade of a notice' ,of 'said' meeting; in a newspaper, ,;'printed • whol'I:y in the` °English language 01tilfshed°'at leastonce weekly, and having generak circu- lation in:.said City, said publication to be not less than fourdays-nor more .than twenty days befOreYtfie date Of .said meeting on -' the issuance' of , said obligations. Section', 5. -That the notice: otthe proposed action to issue, said bbl gations sflall•'tie. m, substantially the form attached' hereto. a'assed, eapprOv ed an ' adopted this 2nd day o •, )i ty, 2012. Roy D.3664 MaY0r,: 1tFirnst7,/6 ahl, City, Clerk • NOTICE OF A PUBLIC ••HEARING OF THE • • ,' CLTX;.COUNCIL•OF • 7N CITY,OF•, • DU$t QBE JOWA;•'ON, THE IBArTTER,OF THE •P , OPOSED AUTFIO R,ION! ;URBAN,I REN EI�,If&&L ,, R 1. TAX INCREMENIT+„ • REVENUE 'OBLIGATIONS AND• • THE',EXEC,UTt,O,N.OF A DEVELOPMENT ' .'AGREEMENT RELATING THERETO WITH LEO A. THEISEN , • AND THEISEN SUPPLY, ING. AND DISPOSING. OF THE CITY'S INTEREST!N "CERTAIN REAL ESTATE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 16th day of July, 2012, at 6:30 p :m: in,the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, at which meeting the City Council, proposes to take action disposing of take . City's interest by Deed to Leo Supply, Inc. in the :{ following.. 'described real estate: ,, Lot 2 of 2 Dubuque Industrial Center West 5th,Addition in the .City • Of Dubuque; Iowa ^ Andfor the auth.or- i tion' of;,' Jrban ,Rrenewal Taxincrement Revenue, ? o,bi ations and'the executiop of a Development;; 'Agr,ee- ment,refating thereto with MLeo..A.; Theisen and • Th'eiseh ' Supply, Inc. in order' to carry. out r certain of the special financing activities in the Urban ReneWai Plan • for the DubUque Industrial Park 'Economic Devel- •opment . District, ' con- sisting of the funding of economic devel- opment grants to Leo A. Theisen and Theisen Supply; Inc. 'pursuant to a Development Agreement ; entered irito,' with' Leo A. Theisen and- Theisep SuppIy, Inc.; under the terms and conditions of said Urban Renewal Plan. It ',is expected that the aggregate ern o.ui f • -,the Tax increment, Revenue obligations will be approximately $375,000. At the meeting, the City • Council will receive oral and written objectioosftom any resident or pro - perry owner of said City to the above action. After all objec- tions have been received and. con- sidered, • the City Council may at this meeting or at any adjournment thereof, take additional action for the disposition of the City's interest in such real estate above, the approval of the Development- ; Agree- ment, and author- ization of such Tax Increment Revenue obligations • or will abandon the proposal. By order of the City Council said hearing and appeals there from shall be held in accordance with and governed by the provisions of Section 403.9 of the Code of Iowa This notice is given by order of the City Council of the City of Dubuque, • Iowa, as provided by Chapter 403 of the Code of Iowa. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 06, 2012, and for which the charge is $93.96. 3114A.4"L Pj2e Subscribed to before m: otary Public in and for Dubuque County, Iowa, this 9 day of . _ _ _ , 20 /a2 ' . Dated- this-6th day of I June, 2012. Kevin S- Firnstahl, City Clerk of Dubuque, Iowa 1t7/6 Notary Public in and for Dubuque County, Iowa. Commis I n NumERME «a r ■ 4 pt: 1.- ..0em"_ .._ -s,_1, -9 "4- NOTICE OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH LEO A. THEISEN AND THEISEN SUPPLY, INC. AND DISPOSING OF THE CITY'S INTEREST IN CERTAIN REAL ESTATE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 16th day of July, 2012, at 6:30 p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, at which meeting the City Council proposes to take action disposing of the City's interest by Deed to Leo A. Theisen and Theisen Supply, Inc. in the following described real estate: Lot 2 of 2 Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa And for the authorization of Urban Renewal Tax Increment Revenue obligations and the execution of a Development Agreement relating thereto with Leo A. Theisen and Theisen Supply, Inc. in order to carry out certain of the special financing activities in the Urban Renewal Plan for the Dubuque Industrial Park Economic Development District, consisting of the funding of economic development grants to Leo A. Theisen and Theisen Supply, Inc. pursuant to a Development Agreement entered into with Leo A. Theisen and Theisen Supply, Inc. under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations will be approximately $375,000. At the meeting, the City Council will receive oral and written objections from any resident or property owner of said City to the above action. After all objections have been received and considered, the City Council may at this meeting or at any adjournment thereof, take additional action for the disposition of the City's interest in such real estate above, the approval of the Development Agreement, and authorization of such Tax Increment Revenue obligations or will abandon the proposal. By order of the City Council said hearing and appeals there from shall be held in accordance with and governed by the provisions of Section 403.9 of the Code of Iowa. This notice is given by order of the City Council of the City of Dubuque, Iowa, as provided by Chapter 403 of the Code of Iowa. Dated thi Kevi a. irnstahl, 111" City Jerk of Dubuque, Iowa 2012. F: \USERS\Econ Dev \Theisen's \Theisen Expansion\20120625_Theisen Resolution ReSetting Public Hearing on DA.doc Economic Development Department City Hall — Second Floor 50 West 13th Street Dubuque, Iowa 52001 -4864 (563) 589 -4393 Office (563) 589 -1733 Fax (563) 589 -6678 TDD Leo A. Theisen Theisen Supply, Inc. 6201 Chavenelle Road Dubuque, IA 52002 Dear Leo, THE CITY OF Dui E Masterpiece on the Mississippi July 2, 2012 On February 6, 2012, the City Council set a public hearing on the disposition of the approximately 5.7 acres of land to Theisen Supply for expansion of your current warehouse /office complex at 6201 Chavenelle Road. On February 20, 2012, the City Council held the public hearing and approved the disposition of the property. As the City began preparing for the closing on the property, City staff discovered that the notice of the public hearing on the sale of the land was not published in the Telegraph Herald as required. City staff sent the notice to be published but the Telegraph Herald somehow missed publishing the notice. We are required by Chapter 403 of the Iowa Code to publish the notice of proposal, prior to disposing of an interest in City of Dubuque real estate. The City Council is now being asked at the July 2, 2012 Council meeting to reset the public hearing for July 16, 2012 and to approve the extension of the closing date on the property from June 30, 2012 to September 1, 2012, due to the publication mishap. All the proposed incentives and stipulations of the previously approved Development Agreement remain the same. Please sign the attached acknowledgment and return to our office. Thank you. Sincerely, ,,,k David J. H iar Economic Development Director ACKNOWLEDGMENT We have reviewed the above letter and accept the change of the closing date to September 1, 2012 for the Development Agreement between and among the City of Dubuque, Leo A Theisen and Theisen Supply, Inc. dated February 20, 2012. All the proposed incentives and stipulations of the previously approved Development Agreement remain the same. Theisen Supply, Inc., Et }3l ier Date Leo A. Theisen, Developer Date RESOLUTION NO. 176-12 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE ,AND FIXING;7'HE DATE FOR A PUBLIC "HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA •1.0N. THE PROPOSED ISSUANCE OF URBAN RENEWAL TAIL INCREMENT REVENUE' • r BLIGA- TIONS AND ` ' THE EXECUTION OF . A DEVELOPMENT AGREEM- NT RELATING THERETO WITH LEO A. THEISEN AND THEISEN . SUP- PLY, ,','INC AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 2 of 2 Dubuque Industrial Center West 5th Addition ;in the City of Dubuque, Iowa; and Whereas, City and Leo A. Theisen and Theisen Supply, Inc. have entered into :a Devel- opment Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central _ Avenue, Dubuque, Iowa, pursuant to which City will convey the Property to Leo A. Theisen and Theisen Supply, Inc. as shown on Exhibit B attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Develop- ment Agreement, including the convey- ance of the Property to Leo A. Theisen; and Whereas, it is deemed necessary and advis- able that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be, approved, Chapter 403 . of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council 1. proposes to take action thereon and at which meeting the . City Council shall receive oral and /or written objections from any resident or property .owner of said City to rsuch proposed action. NOW THEREFORE, BE IT •RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L The City of Dubuque intends, to dispose of its interest in the foregoing- described , Property by Deed to Leo A. Theisen., Section 2. The City Clerk is hereby authorized and direct- ed to cause this Resolution and a notice to be •published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing - described Proper to be held on the 16th day, of July,` 2012, at 630 o'clock p.m. in the City Council Chambers, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Council will also meet at said•time and place for the purpose of taking action on the matter of authorizing 'Urban Renewal Tax Increment • Revenue obligations and 'the execution of the Development Agree- ment relating thereto with Leo A. Theisen and Theisen Supply, Inc. the proceeds of which obligations. will be used .. to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the • FA—Theusn aTTrn T>I di en funding • of economic developments grants fo, Leo ;'A: • ,Theisen pursuant° to the°. Devel'd,pment . "Agree meat 'linger. the '.terms, and conditions of said • UrbanRe�. rlewal Pl�aj� :It is ei(peeted that, the aggregate? amount •of tite 'Taxi � '•• Intre4i lent Reterfu'e.!; : obltgations 111i;be,,i,ap'proicimately 500'0,'r4,„ SectlOn. The Clerk is hereby directed • to cause'.. at •least lone pub'li'atiop'to'be'rhade of a notice' ,of 'said' meeting; in a newspaper, ,;'printed • whol'I:y in the` °English language 01tilfshed°'at leastonce weekly, and having generak circu- lation in:.said City, said publication to be not less than fourdays-nor more .than twenty days befOreYtfie date Of .said meeting on -' the issuance' of , said obligations. Section', 5. -That the notice: otthe proposed action to issue, said bbl gations sflall•'tie. m, substantially the form attached' hereto. a'assed, eapprOv ed an ' adopted this 2nd day o •, )i ty, 2012. Roy D.3664 MaY0r,: 1tFirnst7,/6 ahl, City, Clerk • NOTICE OF A PUBLIC ••HEARING OF THE • • ,' CLTX;.COUNCIL•OF • 7N CITY,OF•, • DU$t QBE JOWA;•'ON, THE IBArTTER,OF THE •P , OPOSED AUTFIO R,ION! ;URBAN,I REN EI�,If&&L ,, R 1. TAX INCREMENIT+„ • REVENUE 'OBLIGATIONS AND• • THE',EXEC,UTt,O,N.OF A DEVELOPMENT ' .'AGREEMENT RELATING THERETO WITH LEO A. THEISEN , • AND THEISEN SUPPLY, ING. AND DISPOSING. OF THE CITY'S INTEREST!N "CERTAIN REAL ESTATE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 16th day of July, 2012, at 6:30 p :m: in,the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, at which meeting the City Council, proposes to take action disposing of take . City's interest by Deed to Leo Supply, Inc. in the :{ following.. 'described real estate: ,, Lot 2 of 2 Dubuque Industrial Center West 5th,Addition in the .City • Of Dubuque; Iowa ^ Andfor the auth.or- i tion' of;,' Jrban ,Rrenewal Taxincrement Revenue, ? o,bi ations and'the executiop of a Development;; 'Agr,ee- ment,refating thereto with MLeo..A.; Theisen and • Th'eiseh ' Supply, Inc. in order' to carry. out r certain of the special financing activities in the Urban ReneWai Plan • for the DubUque Industrial Park 'Economic Devel- •opment . District, ' con- sisting of the funding of economic devel- opment grants to Leo A. Theisen and Theisen Supply; Inc. 'pursuant to a Development Agreement ; entered irito,' with' Leo A. Theisen and- Theisep SuppIy, Inc.; under the terms and conditions of said Urban Renewal Plan. It ',is expected that the aggregate ern o.ui f • -,the Tax increment, Revenue obligations will be approximately $375,000. At the meeting, the City • Council will receive oral and written objectioosftom any resident or pro - perry owner of said City to the above action. After all objec- tions have been received and. con- sidered, • the City Council may at this meeting or at any adjournment thereof, take additional action for the disposition of the City's interest in such real estate above, the approval of the Development- ; Agree- ment, and author- ization of such Tax Increment Revenue obligations • or will abandon the proposal. By order of the City Council said hearing and appeals there from shall be held in accordance with and governed by the provisions of Section 403.9 of the Code of Iowa This notice is given by order of the City Council of the City of Dubuque, • Iowa, as provided by Chapter 403 of the Code of Iowa. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 06, 2012, and for which the charge is $93.96. 3114A.4"L Pj2e Subscribed to before m: otary Public in and for Dubuque County, Iowa, this 9 day of . _ _ _ , 20 /a2 ' . Dated- this-6th day of I June, 2012. Kevin S- Firnstahl, City Clerk of Dubuque, Iowa 1t7/6 Notary Public in and for Dubuque County, Iowa. Commis I n NumERME «a r ■ 4 pt: 1.- ..0em"_ .._ -s,_1, -9 "4- i iiiiiii 111111 iii 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 1111 1111 Doc ID: 007475060005 Type: GEN ,Kind: RESOLUTION Recorded: 08 /31/2012 at 03:42:19 PM Fee Amt: $27.00 Pape 1 of 5 Kathy uFlynnnThurlow Recorder F11e2012- 00015301 Prepared by: Barry A. Lindahl, 3.00 Main Street, Suite 330, Dubuque IA 52001 563.583 -4113 • Return to: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque IA 52001 563 5834113 RESOLUTION NO. 194.- -12 DISPOSING OF CITY INTEREST IN REAL PROPERTY BY THE SALE OF 5.7 ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST TO LEO A. THEISEN AND THEISEN SUPPLY, INC. Whereas, the City Council, by Resolution No, 176 -12, dated July 2, 2012 declared its intent to enter into a Development Agreement with Leo A. Theisen and Theisen Supply, Inc, for the sale of 5.7 acres in the Dubuque Industrial Center West legally described as: Lot 2 of 2 Dubuque Industrial Center West 5t11 Addition in the City of Dubuque, Iowa (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on July 16, 2012 at 6 :30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by Leo A. Theisen according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW THEREFORE; BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement by and between the City of Dubuque, Leo A. Theisen and Theisen Supply, Inc. for the sale of the Property is hereby approved, Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City and the City Clerk is authorized and directed to attest to his signature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Attest: Passed, approved and adopted this 16th day of July, 2012. Kevin ms ahl, City Clerk STATE OF IOWA CERTIFICATE of the CITY CLERK SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. do further state that the hereto attached Resolution No. 194 -12 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 30th day of August, 2012. Key . Firnstahl, C C, Clerk RESOLUTION NO. 176-12 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE ,AND FIXING;7'HE DATE FOR A PUBLIC "HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA •1.0N. THE PROPOSED ISSUANCE OF URBAN RENEWAL TAIL INCREMENT REVENUE' • r BLIGA- TIONS AND ` ' THE EXECUTION OF . A DEVELOPMENT AGREEM- NT RELATING THERETO WITH LEO A. THEISEN AND THEISEN . SUP- PLY, ,','INC AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 2 of 2 Dubuque Industrial Center West 5th Addition ;in the City of Dubuque, Iowa; and Whereas, City and Leo A. Theisen and Theisen Supply, Inc. have entered into :a Devel- opment Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central _ Avenue, Dubuque, Iowa, pursuant to which City will convey the Property to Leo A. Theisen and Theisen Supply, Inc. as shown on Exhibit B attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Develop- ment Agreement, including the convey- ance of the Property to Leo A. Theisen; and Whereas, it is deemed necessary and advis- able that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be, approved, Chapter 403 . of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council 1. proposes to take action thereon and at which meeting the . City Council shall receive oral and /or written objections from any resident or property .owner of said City to rsuch proposed action. NOW THEREFORE, BE IT •RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L The City of Dubuque intends, to dispose of its interest in the foregoing- described , Property by Deed to Leo A. Theisen., Section 2. The City Clerk is hereby authorized and direct- ed to cause this Resolution and a notice to be •published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing - described Proper to be held on the 16th day, of July,` 2012, at 630 o'clock p.m. in the City Council Chambers, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Council will also meet at said•time and place for the purpose of taking action on the matter of authorizing 'Urban Renewal Tax Increment • Revenue obligations and 'the execution of the Development Agree- ment relating thereto with Leo A. Theisen and Theisen Supply, Inc. the proceeds of which obligations. will be used .. to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the • FA—Theusn aTTrn T>I di en funding • of economic developments grants fo, Leo ;'A: • ,Theisen pursuant° to the°. Devel'd,pment . "Agree meat 'linger. the '.terms, and conditions of said • UrbanRe�. rlewal Pl�aj� :It is ei(peeted that, the aggregate? amount •of tite 'Taxi � '•• Intre4i lent Reterfu'e.!; : obltgations 111i;be,,i,ap'proicimately 500'0,'r4,„ SectlOn. The Clerk is hereby directed • to cause'.. at •least lone pub'li'atiop'to'be'rhade of a notice' ,of 'said' meeting; in a newspaper, ,;'printed • whol'I:y in the` °English language 01tilfshed°'at leastonce weekly, and having generak circu- lation in:.said City, said publication to be not less than fourdays-nor more .than twenty days befOreYtfie date Of .said meeting on -' the issuance' of , said obligations. Section', 5. -That the notice: otthe proposed action to issue, said bbl gations sflall•'tie. m, substantially the form attached' hereto. a'assed, eapprOv ed an ' adopted this 2nd day o •, )i ty, 2012. Roy D.3664 MaY0r,: 1tFirnst7,/6 ahl, City, Clerk • NOTICE OF A PUBLIC ••HEARING OF THE • • ,' CLTX;.COUNCIL•OF • 7N CITY,OF•, • DU$t QBE JOWA;•'ON, THE IBArTTER,OF THE •P , OPOSED AUTFIO R,ION! ;URBAN,I REN EI�,If&&L ,, R 1. TAX INCREMENIT+„ • REVENUE 'OBLIGATIONS AND• • THE',EXEC,UTt,O,N.OF A DEVELOPMENT ' .'AGREEMENT RELATING THERETO WITH LEO A. THEISEN , • AND THEISEN SUPPLY, ING. AND DISPOSING. OF THE CITY'S INTEREST!N "CERTAIN REAL ESTATE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 16th day of July, 2012, at 6:30 p :m: in,the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, at which meeting the City Council, proposes to take action disposing of take . City's interest by Deed to Leo Supply, Inc. in the :{ following.. 'described real estate: ,, Lot 2 of 2 Dubuque Industrial Center West 5th,Addition in the .City • Of Dubuque; Iowa ^ Andfor the auth.or- i tion' of;,' Jrban ,Rrenewal Taxincrement Revenue, ? o,bi ations and'the executiop of a Development;; 'Agr,ee- ment,refating thereto with MLeo..A.; Theisen and • Th'eiseh ' Supply, Inc. in order' to carry. out r certain of the special financing activities in the Urban ReneWai Plan • for the DubUque Industrial Park 'Economic Devel- •opment . District, ' con- sisting of the funding of economic devel- opment grants to Leo A. Theisen and Theisen Supply; Inc. 'pursuant to a Development Agreement ; entered irito,' with' Leo A. Theisen and- Theisep SuppIy, Inc.; under the terms and conditions of said Urban Renewal Plan. It ',is expected that the aggregate ern o.ui f • -,the Tax increment, Revenue obligations will be approximately $375,000. At the meeting, the City • Council will receive oral and written objectioosftom any resident or pro - perry owner of said City to the above action. After all objec- tions have been received and. con- sidered, • the City Council may at this meeting or at any adjournment thereof, take additional action for the disposition of the City's interest in such real estate above, the approval of the Development- ; Agree- ment, and author- ization of such Tax Increment Revenue obligations • or will abandon the proposal. By order of the City Council said hearing and appeals there from shall be held in accordance with and governed by the provisions of Section 403.9 of the Code of Iowa This notice is given by order of the City Council of the City of Dubuque, • Iowa, as provided by Chapter 403 of the Code of Iowa. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 06, 2012, and for which the charge is $93.96. 3114A.4"L Pj2e Subscribed to before m: otary Public in and for Dubuque County, Iowa, this 9 day of . _ _ _ , 20 /a2 ' . Dated- this-6th day of I June, 2012. Kevin S- Firnstahl, City Clerk of Dubuque, Iowa 1t7/6 Notary Public in and for Dubuque County, Iowa. Commis I n NumERME «a r ■ 4 pt: 1.- ..0em"_ .._ -s,_1, -9 "4- CERTIFICATE OF CITY CLERK STATE OF IOWA ) COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified City Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of said City. I hereby certify that the hereto - attached Certification of Publication is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 30th day of July, 2012. af0ii 9p14,." ,t: VI Kevin City Clerk irnstahl, CMC IIII!I►► ►►►► ► 1►►►►►►►► ►► IIIIII►►►►► ► II!III►►1►►1►11►►►► Doc ID: 007475070003 Type: GEN Kind: AGREEMENT Recorded: 08/31/2012 at 03 :42:35 PM Fee Amt: $17.00 Page 1 of 3 Kathy Flynn Recorder Fi1e2012- 00015308 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 563 583 -4113 MEMORANDUM OF DEVELOPMENT AGREEMENT A Development Agreement by and among the City of Dubuque, Iowa, an Iowa municipal corporation, of Dubuque, Iowa, Leo A. Theisen, with principal place of business in Dubuque, Iowa (Developer), and Theisen Supply, Inc., an Iowa corporation with its principal place of business in Dubuque, Iowa (Employer) was made regarding the following described premises: Lot Two (2) of Dubuque Industrial Center West 9th Addition in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record The Development Agreement is dated for reference purposes the 20th day of February, 2012, and contains covenants, conditions, and restrictions concerning the sale and use 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 of this Memorandum and the Development Agreement itself, executed by the parties, the terms and provisions of the Development Agreement shall prevail. A complete counterpart of the Development Agreement, together with any amendments thereto, is in the possession of the City of Dubuque and may be examined at its offices as above provided. Dated this 2153 day of AUGJS1 , 2012. 082412ba1 CetyCOeliL CITY OF DUBUQUE, IOWA By: By: 4 I " A -4W4P14:1 Kevi Firnstahl, City erk 2 THEISEN SUPPLY, INC., Employer B Leo A. Theisen LEO A. THEISEN, Developer B STATE OF IOWA ss: DUBUQUE COUNTY On this 2`a day of t iJtu yf , 20 (2,-before me, a Notary Public in and for the State of Iowa, in and for said county, personally appeared Roy D. Buol and Kevin S. Firnstahl, 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 Clerk acknowledged said instrument to be the free act and deed of sa 7 unicipal Corporation by it voluntarily executed. Notary P blic, State of Iowa STATE OF IOWA ss: DUBUQUE COUNTY BARRY A. LINDAHL.: My Comm. Exp..$,7 Commission Numb r 10;515 �'L On this 26day of rl , 201 efore me, a Notary Public in and for the State of Iowa, in and for said county, personally appeared Leo A. Theisen, both individually as Developer and as President of Theisen Supply, Inc. to me personally known, who being by me duly sworn did say that he is the both the Developer and representative of Theisen Supply, Inc., and that said instrument was signed on behalf of said company by authority of'. members and that they acknowledged the execution of this instrument to be the vol d�tary act and deed of said company by it voluntarily executed. Notary ' ublic, State of Iowa BARRY A. LINDAHL Commission Num er 1 .7515 My Cofnm, Exp.'i IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID 007475080008 Type: GEN Kind DEED WITH RESOLUTION Recorded: 08/31/2012 at 03:43:02 PM Fee Amt: $47.00 Page 1 of 8 Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2012- 00015309 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 563 583 -4113 Tax Statement to: Leo A. Theisen 4949 Chavenelle Rd. Dubuque, IA 52002 -2634 Phone: (563) 556 -4738 Fax: (563) 556 -7959 SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (Grantor), in consideration of the Grantee named below undertaking the obligations of the Developer under the Development Agreement described below and the sum of Four Hundred Ninety Thousand and no /100 Dollars ($490,000.00) in hand paid, and other good and valuable consideration, and pursuant to the authority of Chapter 403, Code of Iowa, does hereby GRANT, SELL AND CONVEY unto Leo A. Theisen (Grantee), the following described parcel(s) situated in the County of Dubuque, State of Iowa, to wit (the Property): Lot Two (2) of Dubuque Industrial Center West 9th Addition in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record Grantor hereby grants Grantee an easement for access over and across Lot 1 of Dubuque Industrial Center West 9th Addition as shown on Exhibit B attached hereto for the purpose of construction of and use as an access easement. This Deed is exempt from transfer tax pursuant to Iowa Code section 428A.2(6). This Deed is given pursuant to the authority of Resolution No. 52 -12 of the City Council of the City of Dubuque adopted the 20th day of February, 2012, the terms and conditions thereof, if any, having been fulfilled. 082712ba1 "fit ovC ,,1Qf�L This Deed is being delivered in fulfillment of Grantor's obligations under and is subject to all the terms, provisions, covenants, conditions and restrictions contained in that certain Development Agreement executed by Grantor and Grantee herein, dated the 20th day of February, 2012 (the Agreement), a memorandum of which was recorded on the NO day of A Li &LAST , 2012 , in the records of the Recorder of Dubuque County, Iowa, Instrument Number 2.012 -- I53OS Promptly after completion of the improvements in accordance with the provisions of the Agreement, Grantor will furnish Grantee with a Certificate of Completion in the form set forth in the Agreement. Such certification by Grantor shall be, and the certification itself shall so state, a conclusive determination of satisfaction and termination of the agreements and covenants of the Agreement and of this Deed with respect to the obligation of Grantee, and its successors and assigns, to construct improvements and the dates for the beginning and completion thereof, it being the intention of the parties that upon, the granting and filing of the Certificate of Completion that all restrictions, re- vesting of title, and reservations of title contained in this Deed be forever released and terminated and that any remaining obligations of Grantee pursuant to the Agreement shall be personal only. All certifications provided for herein shall be in such form as will enable them to be recorded with the County Recorder of Dubuque, Iowa. If Grantor shall refuse or fail to provide any such certification in accordance with the provisions of the Agreement and this Deed, Grantor shall, within twenty days after written request by Grantee, provide Grantee with a written statement indicating in adequate detail in what respects Grantee has failed to complete the improvements in accordance with the provisions of the Agreement or is otherwise in default, and what measures or acts will be necessary, in the opinion of Grantor, for Grantee to take or perform in order to obtain such certification. In the event that an Event of Default occurs under the Agreement and Grantee herein shall fail to cure such default within the period and in the manner stated in the Agreement, then Grantor shall have the right to re -enter and take possession of the Property and to terminate and re -vest in Grantor the estate conveyed by this Deed to Grantee, its assigns and successors in interest, in accordance with the terms of the Agreement. None of the provisions of the Agreement shall be deemed merged in, affected or impaired by this Deed. Grantor hereby covenants to warrant and defend the said premises against the lawful claims of all persons whomsoever claiming by, through and under it. Dated this . of aJNV 2017--at Dubuque, Iowa. 2 Attest: By: STATE OF IOWA COUNTY OF DUBUQUE SS CITY OF DUBUQUE IOWA By: L,-(1 Roy Buol, Mayor On this day of AvC i , 20_, before me a Notary Public in and for said County, personally appeared Roy D. Buol and Kevin S. Firnstahl 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. BARRY A. LINDAHL Commission Numb r 07515 My Comm. Exp. II I(z Not. Public in and for Dubuque County, Iowa 3 EXHIBIT 13 X1R¢ONr0. ..LE 1k Mg; V EC .2m aanm uwr nas ACM MM. PROPOSE.; S,BOIVISIr •WE DUBUQUE INDUSTRIAL CENTER WEST 9TH ADDITION BEING A DI'v1 10N OF LOT 2 -2 ih DU9.Il01JC IIIDUSTPIAI_ CENTS? WES' S'H ADDITION —a ■OO:LW ttme,m Prepared by: David J. Heiar, 50 West 13th Street, Dubuque IA 52001 563 589 -4393 Return to: David J. Heiar, 50 West 13th Street, Dubuque IA 52001 563 589 -4393 RESOLUTION NO. 52 -12 RESOLUTION APPROVING A DEVELOPMENT AGREEMENT PROVIDING FOR THE SALE OF 5.7 ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST TO LEO A. THEISEN AND THEISEN SUPPLY, INC. Whereas, the City Council, by Resolution No. 29 -12, dated February 6, 2012 declared its intent to enter into a Development Agreement with Leo A. Theisen and Theisen Supply, Inc. for the sale of 5.7 acres in the Dubuque Industrial Center West (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on February 20, 2012 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by Leo A. Theisen according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubuque, Leo A. Theisen and Theisen Supply, Inc. for the sale of the Property is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 20th day of February, 2012. Attest: Kevin Firnstahl, City Clerk ) a, R D. Buol, Mayor F: \USERS \Econ Dev \Theisen's \Theisen Expansion \20120208 Theisen Resolution Disposition & Approve DA.docx ©,H31T B PRC'C^ED SUBIi9SION NAND DUBUQUE .INDUSTRIAL CENTER WEST 9Th ADDITION EZNG F ;iIW2lDl. DF WI 2-2 IM 7U9J17U U'T IAL f „P1Tt.i VEST 51'h C•)DI]70N NOj�Ft ME\]EnfA W E IN FEET. rm EEiWtlE MAY .11C7KEE iiw unmernma DoE Eo. INALIMINTATMILIMISOM immnews✓ ..74 m�naortr�. it % o awi mwwwEEUwris 01.1nur.M7sarmai.r.xpiw�Y. a CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 52 -12 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 30th day of August, 2012. Doc ID: 007475090002 Type GWH Kind GROUNDWATER HAZARD Recorded: 08/31/2012 at 03:43:12 PM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2012- 00001436 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name Leo A. Theisen Address 4949 Chavenelle Road Dubuque Iowa 52002 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 4949 Chavenelle Road Dubuque Iowa 52002 Number and Street or RR City, Town or P.O. State Zip • Legal Description of Property: (Attach if necessary) Lot Two (2) of Dubuque Industrial Center West 9th Addition in the City of Dubuque, Iowa, according to the recorded plat thereof; subject to easements of record 1. Wells (check one) X There are no known wells situated on this property. _ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. _ There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012) 2O(2 &3°1 5. Private Burial Site (check one) X There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) X All buildings on this property are served by a public or semi - public sewage disposal system. _ This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. _ There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: _ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT HE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: ansferor or Agent) FILE WITH RECORDER Telephone No.: Sri 3 • 3 'fI /3 DNR form 542 -0960 (July 18, 2012) Doc ID: 007475060005 Type: GEN RecordedS008 /31/2012 at 03:42:19 PN LU ON Fee Amt: $27.00 Pape i of 5 KathyuFlyniinnThurlow Recorder F11e201 2- 000 15 30 1 Prepared by: Barry A. Lindahl, 3.00 Main Street, Suite 330, Dubuque IA; 52001 563.583 -4113 Return to: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque IA 52001 663 583.4113 RESOLUTION NO. 19.4.- -12 DISPOSING OF CITY INTEREST IN REAL PROPERTY BY THE SALE OF 5.7 ACRES IN TH.E DUBUQUE INDUSTRIAL CENTER WEST TO LEO A. THEISEN AND THEISEN SUPPLY, ING. Whereas, the City Council, by Resolution No, 176-12, dated July 2, 2012 declared its intent to enter into a Development, Agreement with Leo A. Theisen and Theisen Supply, Inc, for the sale of 5.7 acres in the Dubuque Industrial Center West legally described as: Lot 2 of 2 Dubuque Industrial Center West 5th Addition in the City of Dubuque, lowa (the Property); and Whereas, pursuant to published notice, a public hearing Was held on the proposed disposition on July 1.6, 2012 at 6:30 p.m. in the Historic Federal Building, 350 W. r6th Street, Dubuque, Iowa; and Whereas, it_is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by Leo A. Theisen according to the terms and conditions set out in the Development Agreement Is in the public interest of the City of Dubuque. NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That the Development Agreement by and .between the City of Dubuque, Leo A. Theisen and Th0iseh Supply, Inc. for the sale of the Property is hereby approved, Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City and the City Clerk is authorized and directed to attesf to his signature. o4a7,00 Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 16th day of July, 2012. .. _ vb• D Attest: Roy D. uol, Mayor l - Kevir rns ahl, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. do further state that the hereto attached Resolution _No. 194 -12 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 30th day of August, 2012. �r 11Sr�x,� Of.00OOQ� � •� _ s 6 . a� WW77j-j#.F' � /M RESOLUTION NO. 176-12 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE ,AND FIXING;7'HE DATE FOR A PUBLIC "HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA •1.0N. THE PROPOSED ISSUANCE OF URBAN RENEWAL TAIL INCREMENT REVENUE' • r BLIGA- TIONS AND ` ' THE EXECUTION OF . A DEVELOPMENT AGREEM- NT RELATING THERETO WITH LEO A. THEISEN AND THEISEN . SUP- PLY, ,','INC AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 2 of 2 Dubuque Industrial Center West 5th Addition ;in the City of Dubuque, Iowa; and Whereas, City and Leo A. Theisen and Theisen Supply, Inc. have entered into :a Devel- opment Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central _ Avenue, Dubuque, Iowa, pursuant to which City will convey the Property to Leo A. Theisen and Theisen Supply, Inc. as shown on Exhibit B attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Develop- ment Agreement, including the convey- ance of the Property to Leo A. Theisen; and Whereas, it is deemed necessary and advis- able that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be, approved, Chapter 403 . of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council 1. proposes to take action thereon and at which meeting the . City Council shall receive oral and /or written objections from any resident or property .owner of said City to rsuch proposed action. NOW THEREFORE, BE IT •RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L The City of Dubuque intends, to dispose of its interest in the foregoing- described , Property by Deed to Leo A. Theisen., Section 2. The City Clerk is hereby authorized and direct- ed to cause this Resolution and a notice to be •published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing - described Proper to be held on the 16th day, of July,` 2012, at 630 o'clock p.m. in the City Council Chambers, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Council will also meet at said•time and place for the purpose of taking action on the matter of authorizing 'Urban Renewal Tax Increment • Revenue obligations and 'the execution of the Development Agree- ment relating thereto with Leo A. Theisen and Theisen Supply, Inc. the proceeds of which obligations. will be used .. to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the • FA—Theusn aTTrn T>I di en funding • of economic developments grants fo, Leo ;'A: • ,Theisen pursuant° to the°. Devel'd,pment . "Agree meat 'linger. the '.terms, and conditions of said • UrbanRe�. rlewal Pl�aj� :It is ei(peeted that, the aggregate? amount •of tite 'Taxi � '•• Intre4i lent Reterfu'e.!; : obltgations 111i;be,,i,ap'proicimately 500'0,'r4,„ SectlOn. The Clerk is hereby directed • to cause'.. at •least lone pub'li'atiop'to'be'rhade of a notice' ,of 'said' meeting; in a newspaper, ,;'printed • whol'I:y in the` °English language 01tilfshed°'at leastonce weekly, and having generak circu- lation in:.said City, said publication to be not less than fourdays-nor more .than twenty days befOreYtfie date Of .said meeting on -' the issuance' of , said obligations. Section', 5. -That the notice: otthe proposed action to issue, said bbl gations sflall•'tie. m, substantially the form attached' hereto. a'assed, eapprOv ed an ' adopted this 2nd day o •, )i ty, 2012. Roy D.3664 MaY0r,: 1tFirnst7,/6 ahl, City, Clerk • NOTICE OF A PUBLIC ••HEARING OF THE • • ,' CLTX;.COUNCIL•OF • 7N CITY,OF•, • DU$t QBE JOWA;•'ON, THE IBArTTER,OF THE •P , OPOSED AUTFIO R,ION! ;URBAN,I REN EI�,If&&L ,, R 1. TAX INCREMENIT+„ • REVENUE 'OBLIGATIONS AND• • THE',EXEC,UTt,O,N.OF A DEVELOPMENT ' .'AGREEMENT RELATING THERETO WITH LEO A. THEISEN , • AND THEISEN SUPPLY, ING. AND DISPOSING. OF THE CITY'S INTEREST!N "CERTAIN REAL ESTATE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 16th day of July, 2012, at 6:30 p :m: in,the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, at which meeting the City Council, proposes to take action disposing of take . City's interest by Deed to Leo Supply, Inc. in the :{ following.. 'described real estate: ,, Lot 2 of 2 Dubuque Industrial Center West 5th,Addition in the .City • Of Dubuque; Iowa ^ Andfor the auth.or- i tion' of;,' Jrban ,Rrenewal Taxincrement Revenue, ? o,bi ations and'the executiop of a Development;; 'Agr,ee- ment,refating thereto with MLeo..A.; Theisen and • Th'eiseh ' Supply, Inc. in order' to carry. out r certain of the special financing activities in the Urban ReneWai Plan • for the DubUque Industrial Park 'Economic Devel- •opment . District, ' con- sisting of the funding of economic devel- opment grants to Leo A. Theisen and Theisen Supply; Inc. 'pursuant to a Development Agreement ; entered irito,' with' Leo A. Theisen and- Theisep SuppIy, Inc.; under the terms and conditions of said Urban Renewal Plan. It ',is expected that the aggregate ern o.ui f • -,the Tax increment, Revenue obligations will be approximately $375,000. At the meeting, the City • Council will receive oral and written objectioosftom any resident or pro - perry owner of said City to the above action. After all objec- tions have been received and. con- sidered, • the City Council may at this meeting or at any adjournment thereof, take additional action for the disposition of the City's interest in such real estate above, the approval of the Development- ; Agree- ment, and author- ization of such Tax Increment Revenue obligations • or will abandon the proposal. By order of the City Council said hearing and appeals there from shall be held in accordance with and governed by the provisions of Section 403.9 of the Code of Iowa This notice is given by order of the City Council of the City of Dubuque, • Iowa, as provided by Chapter 403 of the Code of Iowa. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 06, 2012, and for which the charge is $93.96. 3114A.4"L Pj2e Subscribed to before m: otary Public in and for Dubuque County, Iowa, this 9 day of . _ _ _ , 20 /a2 ' . Dated- this-6th day of I June, 2012. Kevin S- Firnstahl, City Clerk of Dubuque, Iowa 1t7/6 Notary Public in and for Dubuque County, Iowa. Commis I n NumERME «a r ■ 4 pt: 1.- ..0em"_ .._ -s,_1, -9 "4- CERTIFICATE OF CITY CLERK STATE OF IOWA COUNTY OF DUBUQUE I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified City Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of said City. I hereby certify that the hereto - attached Certification of Publication is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 30th day of July, 2012. f , c , Kevin irnstahl, CW; City Clerk o s• �, .pp ` er • 4 ,(SEA L), tr ' �f 4 o n f , c , Kevin irnstahl, CW; City Clerk 111111►► ►►►► ► 1►►►►►►►► ►► ►►1►►►► 1111H11 Doc ID: 007475070003 Type: GEN Kind: AGREEMENT Recorded: 08/31/2012 at 03 :42:35 PM Fee Amt: $17.00 Page 1 of 3 Kathy Flynn Recorder File2 0 1 2- 000 1 5 3 08 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 563 583 -4113 MEMORANDUM OF DEVELOPMENT AGREEMENT A Development Agreement by and among the City of Dubuque, Iowa, an Iowa municipal corporation, of Dubuque, Iowa, Leo A. Theisen, with principal place of business in Dubuque, Iowa (Developer), and Theisen Supply, Inc., an Iowa corporation with its principal place of business in Dubuque, Iowa (Employer) was made regarding the following described premises: Lot Two (2) of Dubuque Industrial Center West 9th Addition in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record The Development Agreement is dated for reference purposes the 20th day of February, 2012, and contains covenants, conditions, and restrictions concerning the sale and use 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 of this Memorandum and the Development Agreement itself, executed by the parties, the terms and provisions of the Development Agreement shall prevail. A complete counterpart of the Development Agreement, together with any amendments thereto, is in the possession of the City of Dubuque and may be examined at its offices as above provided. Dated this 2-b day of k6VSf , 2012. 082412ba1 � 4) %,00 cay Cow. CITY OF DUBUQUE, IOWA THEISEN SUPPLY, INC., Employer By: By. Roy D. #bdi—,mayor Leo A. Theisen LEO A. THEISEN, Developer By: ' STATE OF IOWA 01&71* DUBUQUE COUNTY On this 2,b day of AU iu,9 , 20L?,before me, a Notary Public in and for the State of Iowa, in and for said county, personally appeared Roy D. Buol and Kevin S. Firnstahl, 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 Clerk acknowledged said instrument to be the free act and deed of sajounicipal Corporation by it voluntarily executed. Notary Public, State of Iowa STATE OF IOWA ss: DUBUQUE COUNTY BARRY A. LINDAHL�� COmmisslon Numb r 10Z 15 rows My Comm. Exp. A Z-5 1.2 On this 215day of -TW9r, 20 'Zbefore me, a Notary Public in and for the State of Iowa, in and for said county, personally appeared Leo A. Theisen, both individually as Developer and as President of Theisen Supply, Inc. to me personally known, who being by me duly sworn did say that he is the both the Developer and representative of Theisen Supply, Inc., and that said instrument was signed on behalf of said company by authority of ,0 members and that they acknowledged the execution of this instrument to be the vol tary act and deed of said company by it voluntarily executed. Notary Public, State of Iowa E BARRY A. LINDAHL Commission Num er 1 75� y Comi m, Exp. dt 3 11111111111111111111111111111111111111111111111111111111111111111111111111111111 Doc ID: 007475080008 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 08/31/2012 at 03:43:02 PM Fee Amt: $47.00 Page 1 of 8 Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder File2012- 00015309 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 563 583 -4113 Tax Statement to: Leo A. Theisen 4949 Chavenelle Rd. Dubuque, IA 52002 -2634 Phone: (563) 556 -4738 Fax: (563) 556 -7959 SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (Grantor), in consideration of the Grantee named below undertaking the obligations of the Developer under the Development Agreement described below and the sum of Four Hundred Ninety Thousand and no /100 Dollars ($490,000.00) in hand paid, and other good and valuable consideration, and pursuant to the authority of Chapter 403, Code of Iowa, does hereby GRANT, SELL AND CONVEY unto Leo A. Theisen (Grantee), the following described parcel(s) situated in the County of Dubuque, State of Iowa, to wit (the Property): Lot Two (2) of Dubuque Industrial Center West 9th Addition in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record Grantor hereby grants Grantee an easement for access over and across Lot 1 of Dubuque Industrial Center West 9th Addition as shown on Exhibit B attached hereto for the purpose of construction of and use as an access easement. This Deed is exempt from transfer tax pursuant to Iowa Code section 428A.2(6). This Deed is given pursuant to the authority of Resolution No. 52 -12 of the City Council of the City of Dubuque adopted the 20th day of February, 2012, the terms and conditions thereof, if any, having been fulfilled. �eu 082712ba1 ' This Deed is being delivered in fulfillment of Grantor's obligations under and is subject to all the terms, provisions, covenants, conditions and restrictions contained in that certain Development Agreement executed by Grantor and Grantee herein, dated the 20th day of February, 2012 (the Agreement), a memorandum of which was recorded on the :310 day of A UQST , 2012, in the records of the Recorder of Dubuque County, Iowa, Instrument Number 2012 -- 1530? Promptly after completion of the improvements in accordance with the provisions of the Agreement, Grantor will furnish Grantee with a Certificate of Completion in the form set forth in the Agreement. Such certification by Grantor shall be, and the certification itself shall so state, a conclusive determination of satisfaction and termination of the agreements and covenants of the Agreement and of this Deed with respect to the obligation of Grantee, and its successors and assigns, to construct improvements and the dates for the beginning and completion thereof, it being the intention of the parties that upon the granting and filing of the Certificate of Completion that all restrictions, re- vesting of title, and reservations of title contained in this Deed be forever released and terminated and that any remaining obligations of Grantee pursuant to the Agreement shall be personal only. All certifications provided for herein shall be in such form as will enable them to be recorded with the County Recorder of Dubuque, Iowa. If Grantor shall refuse or fail to provide any such certification in accordance with the provisions of the Agreement and this Deed, Grantor shall, within twenty days after written request by Grantee, provide Grantee with a written statement indicating in adequate detail in what respects Grantee has failed to complete the improvements in accordance with the provisions of the Agreement or is otherwise in default, and what measures or acts will be necessary, in the opinion of Grantor, for Grantee to take or perform in order to obtain such certification. In the event that an Event of Default occurs under the Agreement and Grantee herein shall fail to cure such default within the period and in the manner stated in the Agreement, then Grantor shall have the right to re -enter and take possession of the Property and to terminate and re -vest in Grantor the estate conveyed by this Deed to Grantee, its assigns and successors in interest, in accordance with the terms of the Agreement. None of the provisions of the Agreement shall be deemed merged in, affected or impaired by this Deed. Grantor hereby covenants to warrant and defend the said premises against the lawful claims of all persons whomsoever claiming by, through and under it. Dated this 2. of IN6C Cam, 201'�at Dubuque, Iowa. 2 Attest: STATE OF IOWA SS COUNTY OF DUBUQUE CITY OF DUBUQUE IOWA By: '� 1 Roy QtBuol, Mayor On this '�76 day of MO S– , 20—, before me a Notary Public in and for said County, personally appeared Roy D. Buol and Kevin S. Firnstahl 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. vv BARRY A. LINDAHL Not Public in and for Dubuque County, Iowa 4-1 COmmISSIOn Numb r 07615 My Comm. Exp. 11 'L II h F ilm 22'6"C will- 4 ti U 7 n`p j EN'S EXHIBIT B MY OF MUM 2-M ri will- 4 ti U 7 n`p j EN'S EXHIBIT B MY OF MUM 2-M EN'S EXHIBIT B MY OF MUM 2-M Prepared by: David J. Heiar, 50 West 13th Street, Dubuque IA 52001 563 589 -4393 Return to: David J. Heiar, 50 West 13th Street, Dubuque IA 52001 563 589 -4393 RESOLUTION NO. 52 -12 RESOLUTION APPROVING A DEVELOPMENT AGREEMENT PROVIDING FOR THE SALE OF 5.7 ACRES IN THE DUBUQUE INDUSTRIAL CENTER WEST TO LEO A. THEISEN AND THEISEN SUPPLY, INC. Whereas, the City Council, by Resolution No. 29 -12, dated February 6, 2012 declared its intent to enter into a Development Agreement with Leo A. Theisen and Theisen Supply, Inc. for the sale of 5.7 acres in the Dubuque Industrial Center West (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on February 20, 2012 at 6:30 p.m. in.the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the sale to and development of the Property by Leo A. Theisen according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubuque, Leo A. Theisen and Theisen Supply, Inc. for the sale of the Property is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 20th day of February, 2012. )"D, R D. Buol, Mayor Kevin 8! Firnstahl, City Clerk F: \USERS \Econ Dev \Theisen's \Theisen Expansion \20120208 Theisen Resolution Disposition & Approve DA.docx y in 7, • EXHIRIT B 11w samYncm PRO -USED SUMNISION WAIAC.- DUBUOUE .INDUSTRIAL CENTER "rLST 9TH AMMON aml4c f. ;"mm� or Lo, 2-2 IN - - - V� OtRWOUE )NDUSMIAL EST 5Th AAl.TILI,'q P". —5.7 AC LOT 2 �h w .w -Z .B ,;rq� CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 52 -12 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 30th day of August, 2012. MA . 3 = a jf i i i► ii► ii ►►►►i►i►►►ii►►►ii►►►►ii►►i►i►►► iii► i►►►► ii ►►i►i►►►ii►►►ii►►►ii►►i►►i►►ii► Doc ID: 007475090002 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 08/31/2012 at 03:43:12 PM Fee Amt: $0.00 Pape 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2012- 00001436 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 . Number and Street or RR City, Town or P.O. TRANSFEREE: Name Leo A. Theisen Address 4949 Chavenelle Road Dubuque Iowa 52002 Number and Street or RR City, Town or P.O. State Zip State Zip Address of Property Transferred: 4949 Chavenelle Road Dubuque Iowa 52002 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot Two (2) of Dubuque Industrial Center West 9th Addition in the City of Dubuque, Iowa, according tot the recorded plat thereof, su sect to easements oFr—ec-o-rcT- 1 . Wells (check one) X There are no known wells situated on this property. _ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) .X There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. _ There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012) 20(2 5 0� 5. Private Burial Site (check one) X There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) X All buildings on this property are served by a public or semi - public sewage disposal system. _ This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. _ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. _ There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: _ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT HE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: Telephone No.: 5-6 3 1 S89 -f/ 13 It ansferor or Agent) FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012)