Amendment No. 4 to Horizon/CarteGraph Development Agreement
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CITY OF DUBUQUE, IOWA
MEMORANDUM
June 2, 1999
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amendment No.4 to Horizon/CarteGraph Development Agreement
Community and Economic Development Director Jim Burke is recommending
approval of a fourth amendment to the Development Agreement between the City
and Horizon/CarteGraph Systems, Inc. The amendment changes the minimum
required square footage of the office building from not less than 30,000 square feet
to not less than 29,000 square feet.
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
June 1, 1999
TO:
Michael Van;:Milligen, City Manager
, 'I
,', 1 / \
!JIJh~~ )3tirk~: Community and Economic Development Director
FROM:
SUBJ:
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Amendment No.4 to Horizon / CarteGraph Development Agreement
INTRODUCTION
This memorandum presents for City Council consideration a fourth amendment to the
Development Agreement among the City, Horizon Development Group, LLC (Horizon), and
Carte Graph Systems, Inc.(CarteGraph). The amendment has been requested by Horizon.
DISCUSSION
The City Council signed a Development Agreement with Horizon and Carte Graph following a
public hearing on January 18, 1998. The Agreement sets out the terms and conditions of the sale
and development of land in Dubuque Technology Park for a new building for CarteGraph.
The parties previously approved three amendments each of which extended the closing date. The
land closing took place on April 30 as provided in the Third Amendment.
At this time, as the attached letter from Horizon reports, Carte Graph Systems has decided to
reduce the size of the proposed building to more accurately reflect projected employment growth.
Horizon has therefore asked that the Development Agreement be amended to change the
minimum building size as specified in Section 2.
The attached Amendment No.4 to the Development Agreement changes the minimum required
square footage of the office building to be constructed by Horizon from not less than 30,000
square feet to not less than 29,000 square feet.
RECOMMENDATION
I recommend that the City Council approve the attached Amendment No.4 to the Development
Agreement among the City, Horizon and CarteGraph and authorize and direct the Mayor and
City Clerk to sign on behalf of the City of Dubuque.
'.
26 May 1999
Mr. James Burke
Community and Economic Development Director
City of Dubuque
50 West 13th Street
Dubuque, IA 52001
Re: CarteGraph Systems, Inc.
Development Agreement Amendment No.4
Dear Mr. Burke:
Horizon Development Group requests the approval of Amendment NO.4 to the Development
Agreement between Horizon Development Group, LLC; CarteGraph Systems, Inc.; and the City
of Dubuque.
The Amendment is necessitated by CarteGraph Systems' decision to modify the original
building size to more accurately reflect projected employment growth. The minimum building
size is being reduced from 30,000 square feet to 29,000 square feet.
We appreciate your careful consideration of this request.
Should you have any questions, please do not hesitate to contact me at 556-1188.
Sincerely,
Timot y J. Puis
Vice President of Development
c: File
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49 Kessel Court, Suite 211 · Madison, WI 53711 . (608) 274.1188 . FAX (608) 274.2363
1660 Embassy West Drive, Suite 250 · Dubuque, IA 52002 . (319) 556.1188 . FAX (319) 556-4890
AMENDMENT NO.4
TO
DEVELOPMENT AGREEMENT
THIS AMENDMENT (the "Amendment"), made and executed as of this day O~99, by and
among the C1TY OF DUBUQUE, lOW A, a municipality (the I'City"), established pursuant to the Code Q,l Iowa
of the State of Iowa and acting under authorization of Chapter 403 of the Code qf Iowa., as amended (the "Urban
Renewal Ad'), HORIZON/DUCARTE, LLC, a Wisconsin limited liability company, with its principal place of
busines~ ~u l.~..~son, Wisconsin, as assignee of and successor-in-interest to Horizon Development Group, LLC
under a certain Assignment and Assumption Agreement dated as of April 30, 1999 (the "Developer"), and
CARTEGRAPH SYSTEMS, INC., an Iowa corporation, with its principal place of business in Dubuque, Iowa
, fiE 1 ")
,_.....; mp oyer ,
WITNESSETH:
WHEREAS, the above-identified City, Developer and Employer are parties to a certain Development
Agreement dated January 18, 1999, as amended by Amendments No.1 thereto dated February 1,1999, Amendment
No.2 thereto dated March 1, 1999 and by Amendment No.3 thereto dated April 5, 1999 (together, the
"Development Agreement"), pertaining to, i1:u.a ~, the purchase, sale, development and use of certain real
property located in the City of Dubuque, County of Dubuque, State of Iowa (the "Property") which is more fully
described as:
Lots 10 and 11, Block 2 of Dubuque Technology Park; and
WHEREAS, the parties have agreed that the building which is included within the definition of Minimum
Improvements may be reduced in size from the minimum square footage specified in Section 2.1 of the
Developme~t Agreement; and
WHEREAS, pursuant to that certain Lease Agreement and Addendum thereto between the Developer and
~1.,,, Employer and subsequently approved by the City (the "Lease"), the parties have acknowledged that it is the
intention of Developer to construct, and the intention of Employer to occupy, a building on Lot 11, Block 2 of
Dubuque Technology Park which will contain approximately 28,584 square feet of net leasable building area; and
WHEREAS, the parties desire to amend the Development Agreement so that the same shall be consistent
with the intentions and revised expectations of the parties; and
WHEREAS, unless otherwise specifically defined herein, the capitalized terms shall have the same meanings
which are assigned to them in the Development Agreement.
NOW, THEREFORE, in consideration of the Agreement, the foregoing recitals, the mutual covenants,
terms and conditions hereinafter set forth and other valuable consideration, the receipt and sufficiency of which
hereby are acknowledged, the City, Developer and Employer do hereby agree to modify, amend and supplement
the Agreement, as follows:
1. Amendment of Section 2.1. Any provision of the Development Agreement to the contrary
notwithst~ding, including, ~ithout limitation, Section 2.1 thereof, the parties hereby acknowledge and agree that
the required Minimum Improvements shall include an office building containing not less than 29,000 square feet
of gross floor space.
2. Ratification and Reaffirmation. The parties hereto hereby ratify and reaffirm all terms and
conditions of the Development Agreement which are not expressly modified, amended or supplemented herein and
acknowledge and agree that the Development Agreement, as modified, amended and supplemented hereby, shall
;ontinue in full force and effect for the duration and to the extent therein provided.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their respective duly
authorized officers or representatives as of the date and year first above written.
CITY OF DUBUQUE, IOWA
(the "City")
�4by: e
T rrance M. Duggan, Mayor
M! A. Davis, City Clerk
CARTEGRAPH SYSTEMS, INC.
I tb- ttr----1----
by
HORIZON/DUCARTE, LLC
(the "Developer")
by:
Charles V. Heath, Authorized Member
Page 2 );\Amendment No. 4 to Development Agreement (City, Horizon DuCarte & CarteGraph Systems)