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Hwy 151 & 61 Development LLC Amendment No. 2THE CITY OF DUB E ~.~-~ MEMORANDUM March 13, 2007 ~.~` ~ ~ ~~ ~ ? ~ ca ;. r ~~ ~ TI TO: The Honorable Mayor and City Council Members {~ ~ ~ ~. ~~: _ ,~ FROM: Michael C. Van Milligen, City Manager ~ G-' 0 SUBJECT: Hwy. 151 & 61 Development, LLC City Attorney Barry Lindahl advises that Attorney Brian Kane, on behalf of Hwy. 151 & 61 Development, LLC is requesting a second amendment to the Development Agreement which extends the deadline for the parties to reach an agreement on the alternate location for the Bee Branch sewer to June 30, 2007. I respectfully recommend Mayor and City Council approval of the amendment. Y Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer BARRY A. LINDAHL, CITY ATTORNEY MEMO To: Michael C. Van Milligen City Manager DATE: March 5, 2007 RE: Hwy. 151 & 61 Development, LLC Enclosed is a letter from Attorney Brian Kane on behalf Hwy. 151 & 61 Development, LLC requesting a second amendment to the Development Agreement extending the deadline for the parties to reach an agreement on the alternate location for the Bee Branch sewer. A previous amendment, which was approved at the November 6, 2006 City Council meeting, extended the date from November 30, 2006 to December 31, 2006. This second amendment would extend this date to June 30, 2007. Enclosure cc: Brian Kane, Esq. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org KANE, NORBY & REDDICK, P.C. ATTORNEYS Btian ]. Kane _ 2100 ASBURI' ROAD, SUITE 2 Les V. Reddick* DUBUQUE, IA 52001-3069 D. Flint Drake** Brad J. Heying 'T'odd L,. Stevenson* Kevin T. Deeny Of Counsel: )ohn D. Freund Gary IC Norby Bradley B. Kane All admitted in Iowa Phone: (563) 582-7980 *Also admitted in Illinois Facsimile: (563) 582-5312 **Also admitted in Wisconsin E-mail: BKane@kanenorbylaw.com March 2, 2007 Barry A. Lindahl, Esq. Corporation Counsel 300 Main St., Ste. 330 Harbor View Place Dubuque, IA 52001 Re: Hwy 151 & 61 Development, L.L.C. Dear Barry: Following up our client's conversation with Mr. VanMilligen regarding the Bee Branch location, enclosed please find an Amendment No. 2 to the Development Agreement which extends the deadline for the parties until June 30, 2007. If you have any questions, please do not hesitate to contact us. Best Regards, KANE, NORBY & REDDICK, P.C. By: Bri ane BJK:sa cc: Wayne A. Briggs Enc.