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Code or Ordinances Amendment_Dubuque Technology Park ED DistrictTHE CITY OF Dui Masterpiece on the Mississippi Dubuque band AI -America City r 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Tax Increment Ordinance for the Dubuque Technology Park Economic Development District DATE: September 11, 2014 Economic Development Director Maurice Jones recommends City Council approval of an ordinance amending the Tax Increment Financing District for the Dubuque Technology Park Economic Development District to expand the district to include Subarea C where Rockfarm Holdings, Inc. will be constructing a new $2.2 million headquarters facility and creating 48 jobs. The Dubuque Technology Park Economic Development District was originally established in 1997. This proposed expansion and amendment of the Dubuque Technology Park Economic Development District would allow both public and private development efforts to benefit from the flexibility in the use of tax increment financing in the district. On August 4, 2014, the City Council approved a Resolution of Necessity finding that the established urban renewal district meets the definition of an economic development area under state law, and is appropriate for urban renewal activities. The Plan was reviewed by the Long Range Planning Commission on August 20, 2014. The Long Range Planning Commission has forwarded its recommendation to the City Council affirming that the Plan is consistent with the City's Comprehensive Plan for development. On September 2, 2014 the City Council approved an amended and restated Urban Renewal Plan for the Dubuque Technology Park Economic Development District which designated the previous project area as Subareas A and B, and added a new Subarea C. The tax increment ordinance also needs to be updated to allow for TIF collection on Subareas A and C. I concur with the recommendation and respectfully request Mayor and City Council approval. .�st✓�'�t Y � Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Maurice Jones, Economic Devleopment Director 2 THE CITY OF Dui Masterpiece on the Mississippi Dubuque katil All -America City 1111 2007 • 2012 •2013 Economic Development Department 50 West 13th Street Dubuque, Iowa 52001-4864 Office (563) 589-4393 TTY (563) 690-6678 http://www.cityofdubuque.org TO: Michael Van Miliigen, City Manager FROM: Maurice Jones, Economic Development Director SUBJECT: Tax Increment Ordinance for the Dubuque Technology Park Economic Development District DATE: September 8, 2014 INTRODUCTION This memorandum transmits for City Council review and adoption an ordinance amending the tax increment financing district for the Dubuque Technology Park Economic Development District. The proposed ordinance was reviewed by the City Attorney's Office and City's bond counsel and is attached to this memo. The proposed amendment would utilize tax increment financing to allow both public and private development efforts to benefit from the flexibility in the use of tax increment financing in the district. BACKGROUND The Dubuque Technology Park Economic Development District was originally established in 1997. This proposed expansion and amendment of the Dubuque Technology Park Economic Development District would allow both public and private development efforts to benefit from the flexibility in the use of tax increment financing in the district. Before a municipality can exercise the authority conferred by Chapter 403 "Urban Renewal" of the Iowa Code, a Resolution of Necessity must be adopted finding that the area being considered for urban renewal district designation is either a slum, blighted or economic development area and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of the area is necessary in the interest of the public health, safety or welfare of the residents of the city. The Iowa Code defines an economic development area as, "an area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises, public improvements related to housing and residential development, or construction of housing and residential development for low and moderate income families, including single or multifamily housing." The Dubuque Technology Park Economic Development District is proposed to be designated as an economic development area. The amendments to the Urban Renewal Plan will expand the district to include the new Subarea C (see Attachment A of the Urban Renewal Plan for a map). The amendment would provide this area access to the tools and incentives available to urban renewal district properties, including tax increment financing. This parcel of land is currently undeveloped and was therefore removed from the Urban Renewal District earlier this year, as it was not producing an increment. Now that Rockfarm Holdings, Inc. is ready to proceed with a Development Agreement, bringing forty-eight (48) quality jobs to Dubuque, we believe the Tech Park is an ideal location for them and will need to include the parcel they will develop in order to offer the company incentives. Adding the parcel to the District will start the twenty-year period that the City can offer Tax Increment Financing. The amendment will also allow the continued use of tax increment financing to promote economic development activities throughout the District for Fiscal Year 2014-2015. Pursuant to House File 2460, the amended plan will describe the specific use of tax increment funds, reflecting the utilization of tax rebates, the creation of public infrastructure, or other planned expenditures. On August 4, 2014, the City Council approved a Resolution of Necessity (Resolution 233-14) finding that the established urban renewal district meets the definition of an economic development area under state law, and is appropriate for urban renewal activities. The Plan was reviewed by the Long Range Planning Commission on August 20, 2014. The Long Range Planning Commission has forwarded its recommendation to the City Council affirming that the Plan is consistent with the City's Comprehensive Plan for development. A consultation process was conducted with the affected taxing entities as required by Chapter 403.5 of the Iowa Code. Prior to the meeting, the taxing entities were mailed copies of the Amended and Restated Urban Renewal Plan and the Notice of Public Hearing. The required consultation to discuss, question, or object to the findings in these documents was held on August 12, 2014. There were no representatives from the taxing entities in attendance. On September 2, 2014 the City Council approved an amended and restated Urban Renewal Plan for the Dubuque Technology Park Economic Development District which designated the previous project area as Subareas A and B, and added a new Subarea C. The tax increment ordinance also needs to be updated to allow for TIF collection on Subareas A and C. DISCUSSION The amendments to the Urban Renewal Plan will expand the district to include the new Subarea C (see Attachment A of the Urban Renewal Plan for a map). The amendment would provide this area access to the tools and incentives available to urban renewal district properties, including tax increment financing. Additionally, legislative changes to the urban renewal law in 2012 require further detail on public purpose activities. The plan has been updated to reflect expenditures planned for FY2014-15 that have not been included in previous plans. Those expenditures include: • Future property tax rebate agreements with developers, including but not limited to Rockfarm Holdings, Inc. Adoption of the proposed tax increment ordinance is needed to establish the use of tax increment financing in the recently expanded areas of the district. The ordinance authorizes the City to establish a special fund for the collection of a portion of the property tax revenues generated by new development occurring in Subareas A and C. All taxable property located in Subareas A and C will continue to pay property taxes based upon the current tax levies and assessment valuations. Tax revenues collected in excess of the base amounts will be used to assist in financing future development projects within the district, including both public and private development. Adoption of the ordinance will continue the existing base valuations for the Original Project Area, now designated Subarea A. No TIF revenue will be collected from Subarea B. Base valuations of Subarea C will be set as of January 1, 2013, being the first day of the calendar year preceding the effective date of this Ordinance. RECOMMENDATION/ ACTION STEP I recommend that the City Council approve the ordinance attached hereto for the Dubuque Technology Park Economic Development District. Tax increment financing is an important tool for economic development and will be used to assist future public and private development efforts in the Tech Park. Attachment 11115111111111M111fillfitiilii Doc ID: 008098120012 Type. GEN Kind: ORDINANCE Recorded: 09/26/2014 at 02:11:37 PM Fee Amt: $62.00 Page 1-of 12 Dubuque County Iowa Kathy Flynn Thurlow Recorder FF.6.2014-00010787Q 7 Prepared by Barry A. Lindahl, City Attorney, 300 Main St., Ste. 330, Dubuque, IA 52001, 563.589.4113 Return to Kevin Firnstahl, City Clerk, 50 W. 13th Street, Dubuque, IA 52001, 563.589.4121 ORDINANCE NO. 58-14 AMENDING ORDINANCE NO. 65-97, AS AMENDED BY ORDINANCE NO. 44-14, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE DUBUQUE TECHNOLOGY PARK ECONOMIC DEVELOPMENT DISTRICT, IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of Dubuque, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 141-97 passed and approved on the 7th day of April, 1997, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area formerly known as the Dubuque Industrial Center/South Economic Development District, renamed by Resolution No. 172-13 as the Dubuque Technology Park Economic Development District (the "Urban Renewal Project Area" or "District"); and WHEREAS, the City Council adopted Ordinance No. 65-97, as amended by Ordinance No. 44-14, providing for the division of taxes within the Urban Renewal Project Area pursuant to Section 403.19 of the Code of Iowa; and WHEREAS, the City Council by Resolution No, 280-14, adopted on September 2, 2014, approved an Amended and Restatement Urban Renewal Plan for the Dubuque Technology Park Economic Development District, which amended the District to include additional property as described therein; and 063014ba1 Cati ObX IL WHEREAS, indebtedness has been incurred by the City, and additional expenditures and indebtedness are anticipated to be incurred by the City of Dubuque, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan and the continuing needs of redevelopment within the Urban Renewal Project Area are such as to require the continued application of the incremental tax resources of the Urban Renewal Project Area; and WHEREAS, the City Council of the City of Dubuque, Iowa desires to continue the division of revenue from taxation in the Urban Renewal Project Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended, and the Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ordinance No. 65-97, as amended by Ordinance No. 44-14, is amended to read as follows: Section 1. For purposes of this Ordinance, the following terms have the following meanings: (a) Subarea A shall include that area described as follows: LOT D OF DUBUQUE TECHNOLOGY PARK, LOT 3 IN BLOCK 1 OF DUBUQUE TECHNOLOGY PARK, LOT 4 IN BLOCK 1 OF DUBUQUE TECHNOLOGY PARK AND ALSO LOT 1 OF DUBUQUE TECHNOLOGY PARK NO. 2, LOT 11 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, LOT 1-10 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, LOT 2-1 OF DUBUQUE TECHNOLOGY PARK NO. 3, LOT 6 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, LOT 4 & 5 IN BLOCK 2 DUBUQUE TECHNOLOGY PARK; AND ALL OF THE DIGITAL DRIVE RIGHT OF WAY ADJACENT TO LOT 2-1 OF DUBUQUE TECHNOLOGY PARK NO. 3, LOT 1-10 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, AND LOT 11 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. (b) Subarea B shall include that area described as follows: Commencing at the Southwest (SW) Corner of Lot D of the Dubuque Technology Park in the City of Dubuque, Iowa; thence North 87 degrees 55 minutes 02 seconds East 30.00 feet along the South Line of said Lot D to the Point of Beginning; thence North 87 degrees 55 minutes 02 seconds East 20.00 feet along said South Line; thence South 02 degrees 29 minutes 54 seconds East 129.38 feet; thence Southeasterly 229.98 feet along a 1140.00 foot radius curve concave Northeasterly and tangent to the proceeding course having a 229.59 foot chord bearing South 08 degrees 16 minutes 39 seconds East; thence South 14 degrees 03 minutes 25 seconds East 266.67 feet; thence South 09 degrees 11 minutes 37 seconds West 185.13 feet; 063014baI thence South 20 degrees 26 minutes 37 seconds West 70.62 feet; thence South 31 degrees 41 minutes 37 seconds West 101.98 feet; thence South 08 degrees 51 minutes 41 seconds West 44.91 feet; thence South 02 degrees 23 minutes 19 seconds East 39.36 feet; thence North 56 degrees 10 minutes 48 seconds East 362.38 feet; thence North 58 degrees 17 minutes 06 seconds East 374.06 feet; thence North 45 degrees 24 minutes 42 seconds East 369.94 feet; thence North 02 degrees 26 minutes 23 seconds East 399.94 feet; thence North 44 degrees 50 minutes 44 seconds East 13.59 feet to a point on the South Line of said Lot D; thence North 87 degrees 55 minutes 02 seconds East 29.29 feet along said South Line; thence South 44 degrees 50 minutes 44 seconds West 27.22 feet; thence South 02 degrees 26 minutes 23 seconds West 400.06 feet; thence South 45 degrees 24 minutes 42 seconds West 380.06 feet; thence South 58 degrees 17 minutes 06 seconds West 375.94 feet; thence South 56 degrees 10 minutes 48 seconds West 374.24 feet; thence South 02 degrees 23 minutes 19 seconds East 268.67 feet; thence South 33 degrees 01 minutes 47 seconds West 332.79 feet; thence South 28 degrees 32 minutes 57 seconds West 240.03 feet; thence South 04 degrees 03 minutes 28 seconds West 237.47 feet; thence South 17 degrees 27 minutes 07 seconds East 278.65 feet; thence South 14 degrees 36 minutes 27 seconds West 322.41 feet; thence South 25 degrees 17 minutes 00 seconds West 133.92 feet; thence South 39 degrees 31 minutes 57 seconds West 105.21 feet; thence South 12 degrees 25 minutes 44 seconds West 116.61 feet; thence South 47 degrees 36 minutes 33 seconds West 367.75 feet; thence South 35 degrees 53 minutes 39 seconds West 653.35 feet; thence South 45 degrees 46 minutes 18 seconds West 223.10 feet; 3 thence South 27 degrees 34 minutes 25 seconds West 127.50 feet; thence South 39 degrees 36 minutes 57 seconds West 188.70 feet; thence South 58 degrees 35 minutes 29 seconds West 266.94 feet; thence South 69 degrees 47 minutes 09 seconds West 183.73 feet; thence South 36 degrees 22 minutes 21 seconds West 440.22 feet; thence North 72 degrees 38 minutes 44 seconds West 315.52 feet; thence Southwesterly 232.28 feet along a 780.00 foot radius curve concave Southeasterly and having a 231.42 foot chord bearing South 39 degrees 59 minutes 43 seconds West; thence South 35 degrees 16 minutes 20 seconds West 221.67 feet; thence South 01 degrees 24 minutes 09 seconds West 438.61 feet; thence South 02 degrees 13 minutes 54 seconds East 399.49 feet; thence South 04 degrees 25 minutes 28 seconds East 402.65 feet; thence South 03 degrees 19 minutes 27 seconds West 331.00 feet; thence South 06 degrees 59 minutes 30 seconds West 312.02 feet; thence South 74 degrees 37 minutes 39 seconds West 117.99 feet; thence South 11 degrees 29 minutes 35 seconds West 16.45 feet; thence South 56 degrees 29 minutes 35 seconds West 136.42 feet; thence South 25 degrees 34 minutes 54 seconds West 90.97 feet; thence South 19 degrees 25 minutes 06 seconds East 269.88 feet; thence South 25 degrees 34 minutes 54 seconds West 81.92 feet; thence Southwesterly 114.69 feet along a 1210.00 foot radius curve concave Northwesterly and tangent to the preceding course having a 114.65 foot chord bearing South 28 degrees 17 minutes 50 seconds West; thence South 31 degrees 00 minutes 45 seconds West 60.67 feet; thence South 42 degrees 27 minutes 59 seconds West 60.09 feet; thence Southwesterly 61.34 feet along a 1190.00 foot radius curve concave Southeasterly and tangent to the preceding course having a 61.34 foot chord bearing South 40 degrees 47 minutes 06 seconds West; thence South 39 degrees 10 minutes 36 seconds West 166.84 feet; 4 thence South 05 degrees 45 minutes 10 seconds East 19.29 feet; thence South 39 degrees 14 minutes 50 seconds West 26.28 feet; thence South 84 degrees 14 minutes 50 seconds West 19.29 feet; thence South 39 degrees 15 minutes 36 seconds West 955.94 feet; thence South 05 degrees 46 minutes 38 seconds East 1089.63 feet to a point on the East Right -of -Way Line of US Highway No. 61; thence South 17 degrees 20 minutes 11 seconds West 112.22 feet along said East right-of-way Line; thence South 01 degrees 58 minutes 37 seconds East 108.38 feet along said East right- of-way Line; thence South 08 degrees 41 minutes 01 seconds East 637.28 feet along said East right- of-way Line; thence South 84 degrees 48 minutes 48 seconds West 225.01 feet; thence South 06 degrees 00 minutes 38 seconds East 168.98 feet; thence South 05 degrees 53 minutes 30 seconds East 347.66 feet; thence South 03 degrees 10 minutes 32 seconds East 49.28 feet; thence South 00 degrees 27 minutes 34 seconds East 136.21 feet; thence South 03 degrees 59 minutes 27 seconds East 59.13 feet; thence South 07 degrees 31 minutes 20 seconds East 194.27 feet; thence South 00 degrees 22 minutes 10 seconds East 272.08 feet; thence South 07 degrees 06 minutes 13 seconds East 93.42 feet; thence South 00 degrees 32 minutes 25 seconds West 171.59 feet; thence South 06 degrees 40 minutes 26 seconds East 49.90 feet; thence South 39 degrees 02 thence South 03 degrees 01 thence South 02 degrees 13 thence South 07 degrees 01 thence South 02 degrees 05 thence South 18 degrees 24 minutes 24 seconds East 120.42 feet; minutes 43 seconds East 419.62 feet; minutes 29 seconds East 190.47 feet; minutes 04 seconds West 319.09 feet; minutes 43 seconds East 323.05 feet; minutes 17 seconds West 155.29 feet; 5 thence South 01 degrees 46 minutes 49 seconds East 512.17 feet; thence South 88 degrees 13 minutes 11 seconds West 20.00 feet; thence North 01 degrees 46 minutes 49 seconds West 252.23 feet; thence South 87 degrees 04 minutes 12 seconds West 424.08 feet; thence North 02 degrees 55 minutes 48 seconds West 20.00 feet; thence North 87 degrees 04 minutes 12 seconds East 424.48 feet; thence North 01 degrees 46 minutes 49 seconds West 301.45 feet; thence North 18 degrees 24 minutes 17 seconds East 97.21 feet; thence North 02 degrees 05 minutes 43 seconds West 315.82 feet; thence North 07 degrees 01 minutes 13 seconds East 319.00 feet; thence North 02 degrees 13 minutes 29 seconds West 190.19 feet; thence North 03 degrees 01 minutes 43 seconds West 406.34 feet; thence North 39 degrees 02 minutes 24 seconds West 119.03 feet; thence North 06 degrees 40 minutes 26 seconds West 64.03 feet; thence North 00 degrees 32 minutes 25 seconds East 171.44 feet; thence North 07 degrees 06 minutes 13 seconds West 93.11 feet; thence North 00 degrees 12 minutes 42 seconds East 225.29 feet along the West right- of-way Line of said Highway No. 61; thence North 04 degrees 32 minutes 04 seconds West 418.47 feet along said West right-of-way Line; thence North 02 degrees 21 minutes 16 seconds West 65.19 feet; thence North 05 degrees 53 minutes 30 seconds West 347.62 feet; thence North 06 degrees 00 minutes 38 seconds West 219.51 feet; thence North 84 degrees 48 minutes 48 seconds East 242.64 feet; thence North 08 degrees 41 minutes 01 seconds West 587.14 feet; thence North 01 degrees 58 minutes 37 seconds West 112.95 feet; thence North 17 degrees 20 minutes 11 seconds East 111.53 feet; thence North 05 degrees 46 minutes 38 seconds West 1373.13 feet; 6 thence South 74 degrees 12 minutes 59 seconds West 251.61 feet; thence South 48 degrees 13 minutes 29 seconds West 318.61 feet; thence South 37 degrees 04 minutes 21 seconds West 191.01 feet; thence South 56 degrees 54 minutes 44 seconds West 317.79 feet; thence South 77 degrees 09 minutes 08 seconds West 241.96 feet; thence South 44 degrees 13 minutes 04 seconds West 384.81 feet; thence South 15 degrees 49 minutes 56 seconds East 650.30 feet; thence South 00 degrees 05 minutes 59 seconds East 502.69 feet; thence South 14 degrees 50 minutes 06 seconds West 494.39 feet to a point on the South Line of the SW 1/4 of Section 23, T88N, R2E of the 5th Principal Meridian, Dubuque County, Iowa; thence South 88 degrees 09 minutes 41 seconds West 20.88 feet along said South Line; thence North 14 degrees 50 minutes 06 seconds East 497.76 feet; thence North 00 degrees 05 minutes 59 seconds West 497.31 feet; thence North 15 degrees 49 minutes 56 seconds West 659.09 feet; thence North 44 degrees 13 minutes 04 seconds East 402.28 feet; thence North 77 degrees 09 minutes 08 seconds East 244.30 feet; thence North 56 degrees 54 minutes 44 seconds East 310.73 feet; thence North 37 degrees 04 minutes 21 seconds East 189.47 feet; thence North 48 degrees 13 thence North 74 degrees 12 thence North 29 degrees 24 thence North 53 degrees 18 thence North 35 degrees 57 thence North 19 degrees 41 thence North 74 degrees 37 thence North 11 degrees 29 minutes 29 seconds East 325.18 feet; minutes 59 seconds East 295.15 feet; minutes 36 seconds East 287.99 feet; minutes 25 seconds East 400.59 feet; minutes 19 seconds East 447.05 feet; minutes 23 seconds East 503.77 feet; minutes 39 seconds East 121.61 feet; minutes 35 seconds East 45.22 feet; 7 thence Northerly 824.23 feet along a 2840.00 foot radius curve concave Westerly and tangent to the preceding course having a 821.34 foot chord bearing North 03 degrees 10 minutes 44 seconds East; thence North 05 degrees 10 minutes 15 seconds West 244.47 feet; thence Northerly 172.89 feet along a 1930.00 foot radius curve concave Easterly and tangent to the preceding course having a 172.85 foot chord bearing North 02 degrees 34 minutes 08 seconds West; thence North 00 degrees 10 minutes 22 seconds West 198.38 feet; thence North 45 degrees 08 minutes 04 seconds West 22.54 feet; thence North 00 degrees 00 minutes 00 seconds West 26.34 feet; thence North 45 degrees 06 minutes 28 seconds East 21.02 feet; thence North 00 degrees 23 minutes 37 seconds East 318.10 feet; thence North 89 degrees 59 minutes 26 seconds East 73.86 feet; thence North 35 degrees 16 minutes 20 seconds East 57.55 feet; thence North 01 degrees 24 minutes 09 seconds East 47.94 feet; thence North 34 degrees 23 minutes 50 seconds East 272.53 feet; thence North 13 degrees 17 minutes 56 seconds West 161.81 feet; thence North 38 degrees 00 minutes 52 seconds East 1195.47 feet; thence North 45 degrees 40 minutes 36 seconds East 150.00 feet to a point on the East Right -of -Way Line of Highway No. 61 and Highway No. 151; thence North 38 degrees 00 minutes 52 seconds East 700.53 feet along said East Right -of -Way Line; thence North 51 degrees 40 minutes 52 seconds East 274.81 feet; thence North 35 degrees 50 minutes 57 seconds East 448.99 feet; thence North 40 degrees 13 minutes 12 seconds East 400.16 feet; thence North 37 degrees 40 minutes 34 seconds East 502.15 feet; thence North 32 degrees 18 minutes 01 seconds East 386.34 feet to a point on the East Right -of -Way Line of Highway No. 61; thence North 43 degrees 03 minutes 14 seconds East 44.76 feet along said East Right - of -Way Line; thence North 02 degrees 10 minutes 57 seconds West 268.24 feet along said East Right -of -Way Line; thence North 56 degrees 10 minutes 48 seconds East 21.23 feet; thence North 02 degrees 23 minutes 19 seconds West 53.55 feet; thence North 08 degrees 51 minutes 41 seconds East 50.92 feet; thence North 31 degrees 41 minutes 37 seconds East 104.05 feet; thence North 20 degrees 26 minutes 37 seconds East 66.68 feet; thence North 09 degrees 11 minutes 37 seconds East 179.05 feet; thence North 14 degrees 03 minutes 25 seconds West 262.55 feet; thence Northwesterly 234.02 feet along a 1160.00 foot radius curve concave Northeasterly and tangent to the preceding course having a 233.62 foot chord bearing North 08 degrees 16 minutes 36 seconds West; thence North 02 degrees 29 minutes 54 seconds West 129.52 feet to the Point of Beginning. (c) Subarea C of the District shall include that area described as follows: LOT 7 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, AND ALL OF THE DATA COURT RIGHT OF WAY ADJACENT TO LOT 7 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. (d) Amended Project Area shall mean the areas of the City of Dubuque, Iowa located within Subarea A, Subarea B and Subarea C, each as described in this Section. (e) Urban Renewal Plan shall mean the Amended and Restated Urban Renewal Plan for the Technology Park Economic Development District, approved by Resolution No. 280-14 on September 2, 2014, as the same may be amended from time to time. Section 2. That the taxes levied on the taxable property in Subareas A and C of the Amended Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3. As to Subarea A, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in Subarea A of the Amended Project Area, as shown on the assessment roll as of January 1, 1996, being January 1 of the calendar year preceding the first calendar year in which the City of Dubuque certified to the County Auditor the amount of loans, advances, indebtedness, 9 or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. The taxes so determined shall be referred to herein as the "base period taxes" for such Subarea. As to Subarea C, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2013, being the first day of the calendar year preceding the effective date of this Ordinance. Section 4. That portion of the taxes each year in excess of the base period taxes determined for Subareas A and C as provided in Section 3 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Dubuque, Iowa previously established, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Dubuque, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Amended Project Area pursuant to the Urban Renewal Plan, except that taxes for the payment of bonds and interest of each taxing district and any other levies described in Section 403.19 shall be collected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5. Unless or until the total assessed valuation of the taxable property in Subareas A and C of the Amended Project Area exceeds the total assessed value of the taxable property in Subareas A and C of the Amended Project Area as shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in Subareas A and C of the Amended Project Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 6. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Dubuque, Iowa referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in Subareas A and C of the Amended Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to continue the division of taxes from property within Subarea A of the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance 65-97, as previously amended, and to fully implement the division of taxes within Subarea C of the Amended Project Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the 10 Code of Iowa with reference to Subareas A and C of the Amended Project Area and the territory contained therein. Section 8. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. PASSED AND APPROVED this 15h day of September, 2014. ATTEST: Kevi S. Firnstahl, ity CI L, Roy D. Buol, May Read first time: September 15, 2014 PASSED AND APPROVED: September 15, 2014 PUBLISHED: September, 19, 2014 F:\USERS\Econ Dev\Urban Renewal\Tech Park\2014.2 Amendment\Tech Park TIF Ordinance 2014.2.doc 11 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. I do further state that the hereto attached Ordinance No. 58-14 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 16th day of September, 2014. Kevin S. Firnstahl, CM ,"City Clerk 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: September 19, 2014, and for which the charge is $256.80. Subscribed to before me, a ary Public in a • for Dubuque County, Iowa, this ,c�.5 day s �, : , 20 /f P1.4 de No ary Public in and for Dubuque County, Iowa. PRY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2017 8C Friday, September 19, 2014 • Telegraph Herald • thonline.com seconds East 502.15 having a 233.62 foot of Dubuque, County of computed in the same ` without Notices feet chord bearing North -08 Dub Y on .the provisions of -this Legal e ; , wi ou an imitati thence North 32 de degreesdbean uque •; Dubuque mariner -using the: total as hereinabove Ordiinan c• "are; hereby minutes 36 •'`;Community School Di assessed value'=shown ed re ealed.. �T grees, "55 minutes 26 rees' •18 minutes Pi - secondivest, • trict; and -all other tax on "the; assessmen " - . p he prnce seconds East 73.86 ' seconds? East .,386:34 th`ence,North 02, de in z, t roll Section 5, Unless are roof ded_aOrdinance feet; feet to,%a; oint on.the-' : ': ° 9 distncts'•from and '�'`as of January 1,,2013; • until the total assessed ' p, green 29;:minutes: 54J after>the'effee ive date- -be'i. first are. intended s shall' thence - North 35 de •East Right -of -Way Line.,. seconds `West ng the first :;day e- .valuation -of: the taxa-,.' be•construe 129x52 of this'Ordinance shall the•calentlar year d.so as to ;grecs 16, minutes 20 ; of H gh y N 61,> feet to the: - Point of Be .. , Y a pre ble Property rtY ' in, Sub "continue the division of._ i wa oro e seconds...East 5755; ,•thence No'rth43 de eenin . be divided as herein I; cedng ;;the effective- areas A, -;and ,C,''._.of the toes ginning. 1 ',' after:?+in this Ordinance -"date of. this Ordinance. Amended Project. Area within"Subarea Aofe feet. grees-'03 minutes- 14 `(c) Subarea -C.' of the -. providedof the ; thence North 01 'de- 'seconds East 44.76 feet District --shall • include . Section- 3 ' As to-;' tion of ',the" 4taxes st: Por-ach exceeds valu toofl Amended Project Area; grees. 24 minutes 09.' along said East Right- `that areadescribed as Subarea A,'that' ortion ,';;, on on ex. ess-the taxable value' of the ' Sec Section 40319isof thf;. seconds East '47.94' of-Way.';Line;'p base period odeta of the taxable proaerty',"an de4owa of the`;: feet;: • .follows: LOT'` 7 IN 'of the;taxes which 'base, taxes de Subareas`A and C:of Code of "towsas au :>y thence North 02 de -'": BLOCK, 2 OF DUBUQUE .would be•p'roduced by ;.termined for Subareas the "Amended 'Project thorized in Ordinance thence North 34 de=rate at•which the A and C'; as provided -in' Area as; shown, bythe ouch-! OGY PARK the' grees 23 ' minutes 50 - greeseconds West 268.24 AND ALLOOF THE DATA tax is= levied `each: year Section -3"• " amend as nd to' idly;, seconds East 272.53. feet along said East' -COURT RIGHT OF WAY ' by or,:.for each; of.the ':<nance shallfbehal.oca :.. redasdeto in Section rolls refer- implement m ege the di fully feet; Right -of -Way Line; •- ADJACENT 70 LOT"7 IN, taxing, districts upon " ed tand" c llect, this. tOrdi e,ll3 of x: theSub,;,,- thence io North 13 "de- thence. North -56 de- BLOCK 2 OF DUBUQUE the total sum of the as •`, ,e "be d ntoen alspe th 'taxes 'Ordinance, all d ; ofe taxes he Am Amended- grees 17 minutes 56 , grees 10.minutes 48•TECHNOLOGY PARK, sessed" value Of the: ,ed tax paid me; sae- collectedn ts 'denied' and area tithe Amended .` seconds West; 161.81' seconds • East . 21.23 ALL IN THE CITY OF DU- , taxable ernent?fund upon the fain ProjectArea.-as dance ' feet;_; feet; • property in :' of"the City of Dubuque able in ed above In the anent DUBUQUE Subarea A f BU UE o the thence North 02 de-• COUNTY, IOWA. ' 'Amended" Project Area grees 23 minute's; 19 (d) Amended Project ; as -shown' on • ;the as seconds West 53.55 Area 'shall mean the-. sessment roll,as of Jan- feet;c . ; areas of the'Gtyof Du= ,uary'l, 1996, being Jan thence North- 08 de- .` buque; Iowa . located .uary T of the calendar grees 51' minutes 41 within' Subarea A," • year preceding: the first seconds East 50.92' Subarea B and Subarea' calendar year in which . feet, C, each as described in the City " of Dubuque thence•. North 31 de- this Section.' certified to the Co .grees .432": minute's 37 unty (e)��urban• Renewal "'Auditor the`amount,of . seconds.fEast 10.405 Plan shall,;;mean 'the loans,:, advances, in - feet, . Amended and Restated debtedness or bonds • thence North.20 de-f-.Urban,Renewal Plan -for grees 26 minutes;= 37 • the..Technolo p payable from the dtal 9Y ark' son; ' of property tax seconds r East 66.68 • Economic "Development revenue described feet,, District approved :by herein'shall'be..allocat thence ;North 09, de " • Resolution " No. 280=14' . ed to and when collect grees '11 minutes' 37'on 1September 2 2014,' ed be.paid 'into' the seconds ;- East 17p.05 as. the same may, be' , fund for the respective feet;•"• = amended from time to taxing 'district.as`taxes thence North 14'de= time."by-or for thetaxing;dis- grees` 03- minutes 25 Section 2. That the;-trict into which -all seconds -West 262.55 taxes levied on the tax- er property . taxes i are • " feet; ... able property in' Sub- . paid. The. taxes so de thence Northwesterly areas A-and'C of the: terminad• shall be re - 234.02, -feet •along;' a Amended ProjectArea, as'the 1160.00 foot''radius. legally ,described in "base -period taxes for curve concave North' Section 1 hereof, by such•Subarea.' e property" b : Iowa previously-estab Subareas' 'A'and C,of that any provision of;,= lisfi'ed, to pay the pen" the 'Amended Project this Ordinance.;shall be 'opal of -and interest on c Area.shall` be"'paid into. determined to`be con= Moans monies ad the„ funds for the re trary to few it shall not vanced F" "to indebted spective,, taxing din- affect; other„provisions mess whether” funded 'tricts astax"es by orfor • or•apphcation)x,of this;' refunded assumed or said taxing distracts in , Ordinance which shall' •'otherwise,; including the':samemanner as all at all? times be con ;' bonds or obligations is ` otherproperty taxes. ^' struedF to fully invoke-`' "sued under the author Section „,6. At such` '• the" provisionso'.f See ity of Section 403;9 or time as>the.:'loans ad tion 403 19 of the Code . 403.12 of.'the' Code of varices indebtedness„ of Iowa with reference 'lows, as amended in'bonds .and mteresf' to Subareas A.and C df curred by the City of thereon of the City of the Amended `Project:: Dubuque; Iowa 'to' fi Dubuque,:. Iowa ,refer -t Area .and the territory ;hence. orrefinance; in red' to">in Section "4` containedtherein rY •whole or:inpart, urban' , hereof have` been paid„ ; Section 8 This= Ordi "': renewal -projects un-' all monies' .thereafter nonce -shall be in'effect dertaken- within the received', from• taxes` c: after •itsfinal passage Amended 'Project Area upon the taxable•prop-. approval and ;pubhca ': pursuant to the Urban erty;in,Subareas A and,' tion as provided 'by Renewal• 'Plan; except C of theAmended Proj law: that taxes' for the pay ect Area shall be paid: Passed and approved ment of bonds and-inc-'P into'the :funds for the:; this 15th' day •"of Sep terest of .each taxing':respective taxing din • temtier 2014 district ori 'any other tricts in the�same man '' :.Roy D Buol Ma o levies described in Sec- ' ner as taxes on all oth ATTEST: Kevin S'" y• tiony403.19:shall be col- ' er.property., "'. Firnstahl City:•Clerk lected against all taxa- ' Section 7. `All °ordi Read'- first• time: Se -': ble 'property within the nances.or parts of•ordi- tember i5 2014 p Amended Project'Area nances in'conflict with' >. thence North 38 de- grees '00 e-grees='00 minutes 'S2" seconds East .1195.47 feet; thence North 45''de- grees` 40 minutes 36• seconds East" 150.00= feet to a point' on the, East 'Right of -Way Line of -Highway No. -61 and Highway No 4151; thence North; 38 de grees Op "minutes 52 seconds East `:700 53`' feet ,along said East Right -of -Way Line thence North 51'de-: grees :'i40 "minutes 52 seconds . East ;.274.81= r feet; thence North 35 de- grees ':50 'minutes 5T seconds East '448.99'" feet; "' thence North 40 de- grees -13 minutes 12 seconds East 400.16' feet; • thence North"37 de- grees '40 minutes 34 easterly and,tangent to and for the ,benefit of As to.Suberea C; base th owa` i ' e preceding course the State of I C ty period taxes shall , be PASSED AND' AP- PROVED: ' September 15, 2014 PUBLISHED: Septem-` ber 19, 2014 1t9/19; • 0_ a v cu E° o E',R CD C.) 0 IDA W — `honllne coin Teleg"raph Herald Friday., September 19 2014 QUE - TECHNOLOGY 403.19 of the;: Code of ' thence North 56 de- grees 38minutes:, 44 of US:;Highway.No.61; , -'seconds East 97.21 of:' Section ^,23 T88N PARK ECONOMIC.`DE- Iowa, as amended, and grees • -10 minutes 48. seconds Wrest 315 52 thence ,South 17 de , .: feet , R2E of the 5th` Principal VELOPMENT. DIS- the Urban Renewal seconds East 362.38 feet grees,(20 minutes 11.` ,thence North 02 de Meridian, • Dubuque TRICT,, IN', THE CITY Plan.: feet;we thence Southsterly second, West 112.22 grees -minutes 43. County, Iowa; OF...DUBVQUE„COUN- NOW THEREFORE, BE thence North.58•de- 232.28 ,feet, along ;a feet along said East seconds'. West 315.82 thence South 88 de OF ;bUBUQUE, IT. ORDAINED' • BY THE green .17 minute's 06 '780 00, foot radius ;right-of-way Line feet; green 09..:minutes 641:. STATE "OF: IOWA; :BY. CITY'COUNCIL''OF THE :: seconds- East 374.06 curve; concave South thence South 01 de thence. North 07;,de seconds West 20.88; .h. .FIT OF THE STATEN F VIAY;,OF DUBUQUE, 10- fethente North 45 der • 231:42Ifoot chordbeara. seconds8 EastUt108.38 secondsl EastUt319.00 Line; along said',Bout IOWA,,CITY'OF„DUBU- Ordinance No 65 97,•:. grees, 24 minutes 42 in'g South 39 degrees feeta1ong said East , feet thence North 14. de- QUE; COUNTY OF, DU= as-amended .by ordi- seconds East - 369 94' 59 minutes 43 seconds nght;of-way Line, th'ence.; North 02 de grees, 50,, 'minutes 06 BUQUE, .; DUBUQUE pante, No. ' 44-14, is,...feet; West thence South' 08 de- grees 13 minutes; 29 seconds • East 497.76:. C•O M M:U N IT Y amended to read..asthence North 02 de thende.South 35'de grees". 41 minutes •01 'seconds. West 190.19 feet;' SCHOOL, •DISTRICT follows: grees';26 minutes 23 grees 16 minutes '20 •seconds East., 637.28 feet thence North 00 -de' AND OTHER TAXING Section .1. For'purpos- seconds. East 399.9.4 ' seconds West 221,67 feet .along said East. thence North 03, de-: grees;-,O5 ;minutes 59, DISTRICTS -BE= PAID es of this Ordinance, feet; feet nght,of way Line; grees 0.1 minutes 43• seconds West 49731 SPECIAL,.FUND the ;following; terms thence North' 44 de thence South 01 de thence South; 84 de- seconds West "406.34 ; feetence de FOR . PAYMENT OF, ' have. the. following grees 50 minutes 44 .grees 24, rnmutes1 :09 grees; ,48 minutes 48 .� feet . North 15 PRINCIPAL AND .IN meanings: seconds'East 13.59-feet `seconds West 43861 seconds West.,',225.61. thence, North 39'-de7 grees 49 minutes ,`56 TEREST ON • LOANS,. (a) Subarea, A shall to,a point on the'South, .feet feet grees ` 02 minutes 24 . seconds West' "659.09 MONIES."' ADVANCED include that, area de- Line ofsaid Lot'D,:. thence South 02,,de thence South 06 de seconds West, 119.03 feet; TO AND ;INDEBTED- scribed as ,?=follows: thence North 87 de grees ,13 minutes•54 grees 00 minute's 938 : feet;, thence ,North 44 de• NESS, INCLUDING LOT-•-D..OF DUBUQUE grees S5 minutes, 02 seconds East 399.49 seconds East: 16898 thence North 06`de7, grees,13 minutes ..,04 BONDS ISSUED OR TO TECHNOLOGY ;: PARK,,. secondslEast.2929`feet feet feet ; grees' 40 minutes 26• seconds East 402.28 BE ISSUED, INCURRED LOT::+3.IN `BLOCK 1 OF' along said South Line thence South 04 'de thence South 05 de- seconds' West 64:03 feet, BYSAIDCITYIN CON DUBUQUE. TEGHNOLO= thence South, 44 de- grees 25;m4nutes 28 grees:: 53 -minutes 30.•-feet;. • thence North 77 de NECTION-WITH SAID GY PARK,. LOT .4 IN grees•,:50 minutes „44 seconds East 40265 seconds East 347.66 '• thence North 00; de-• grees 09 ;minutes `08 URBAN RENEWAL RE- BLOCK..1 OF. DUBUQUE seconds: West '2722 feet, :feet's, grees •32 minutes., 25 'seconds' East 244.30.. DEVELOPMENT PROD- TECHNOLOGY PARK feet,'• thence South 03: •de thence South. 03 de seconds;East 17144 feet ECT AND ;ALSO LOT 1.-OF thence: South 02 de grees 19„.minutes ,27 grees:. 10 minutes 32 feet; thence North 56 de- 'WHEREAS,' e WHEREAS the City DUBUQUE TECHNOLO- grees .26 minutes .23 seconds West 33100 seconds "East: 4928 thence:; North 07, de- grees 54 minutes 44 Council, of .the City; of GY PARK NO 2; LOT,11 seconds West :409.96 feet feet grees . 06 minutes, 13 seconds East 310 73 Dubuque,. 'Iowa after IN BLOCK 2 LOE., DUBU-` feet thence South 06'de thence South, 00 de seconds,:West 93.11, feet public notice and hear QUE TECHNOLOGY,thence; South 45 de- ` grees 59;'mmutes '30 , gree,;;, 27 minutes" 34. feet, thence North 37 .de ing,as, prescribed.'by., PARK; 'LOT. 1-10; IN greet. `24-minutes 42, seconds West 312:02 secon;dsw East; 136:21 '. ,thence North,.00 de=• 'grees.04:minutes•;21: law and; pursuant. to BLOCK 2 OF DUBUQUE seconds,: West .380 06 feet feet K grees 12 minutes 42 seconds East 189.47 Resolution. NO.',.141-97 TECHNOLOGY PARK, ': feet te'S hencouth 74 de thence South` 03 de- :seconds as Et 225.29 feet • passed, and ro appved LOT'21 OF DUBU UE thence> South 58 de-, grees 37 minutes ;'39 grees;; 59 minutes 27 feet!along theWest thence'North 48 'de- Q on the 7th day ,of Apr";l; TECHNOLOGY PARK grees 17 +.minutes 06, seconds, West 11799 seconds East. 5913, .;right-of-way; Line of grees.::13'. minutes 29 1997„ adopted, an• Urban 'NO. 3; LOT 6 IN BLOCK seconds; West 375.94 ,feet feet =: ;said Highway No. 61 seconds' East 325.18 Renewal Plan (the "Ur 2, OF DUBUQUE TECH,: feet .thence,So'uth 11 de, thence+South 07 de- ;• thence North 04'de-: feet; ban Renewal Plan"). for NOLOGYPARK,.LOT4& thence South 56.de grees 29 minutes 35 grees",, 31" minutes 20- 'grees 32': minutes. 04 thence North 74 de= an urban renewal ,area 5 IN BLOCK .2-DUBUQUE., . "grees 10 minutes,48 seconds West 16.45 seconds East '> 194.27 r seconds West ;418.47 grees 12 minutes ;-59 formerly known as the TECHNOLOGY. PARK; seconds West'o'37424 feet feet'-i , feet along said • West seconds • East 295.15 Dubuque ,`'.Industrial AND:ALL OF THE,DIGI- :feet;. thence. South.• 56 de thence South 00 de- right-of-way.Line; : ' feet;• •f Center/South Econom- ` TAL, DRIVE ,RIGHT .0F thence South :02 de- . grees:-..29 minutes' 35 grees, 22 ,minutes 10 thence`.North 02> de thence North 29 de- is Development Dis- WAY, ADJACENT. T.O.: grees 23 minutes 19 seconds L. West 136.42 SeConds 'c..East 272.08 grees.:, 21 minutes; 16 grees„24 minutes 36 , trict renamed by Reso- LOT 2-1 OF DUBUQUE:'seconds . East :268:67 feet feet; seconds West 6519 seconds East 287.99 ' Iution,No: 172-13 as, the TECHNOLOGY PARK, feet; thence `South 25 de , thence South 07 de' feet feet;,, Dubuque , Technology NO ;3, LOT 1-10 .IN thence: South`33; de- • grees 34 minutes 54 green; 06 ,minutes 13 thence: North 05 de 'thence North 53 de- Park Economic' Devel- .BLOCK 2 OF DUBUQUE grees 01 minutes, ..47 seconds West 90 97 seconds , East 93.42 • -' grees ;53 minutes. 30 grees 18 minutes 25 • opment District (th'e TECHNOLOGY PARK; .seconds West `33279 feet feet + `: secondsrWest 347.62 seconds East-,400.59 .- "Urban Renewal Proj `. AND`LOT 11 IN BLOCK 2' ` feet, ` thence .South 19 de: thence.'South' 00• de-.feet; feet;, ectArea" or "District"); OF • DUBUQUE TECH- thence. South 28, de grees 25 minutes' 06 grees 32 minutes 25 thence North 06 de thence North 35 de- and • . NOLOGY. PARK,' ALL.,IN: _ > grees 32 minutes 57seconds.East",26988 seconds-'1 West.' 17159 ';grees 00; minutes 38 grees 57 ,minutes 19; WHEREAS `the City THE CITY OF.`DUB000E, "seconds t West ;240 03 feet feet ; ti , seconds `Westt 1219 51seconds East 447.05 Council. adopted' Ordi- DUBUQUE COUNTY l0 feet thence South 2▪ 5 de- thence SouthP06 de zfeet,' feet nance 'No. 65-97, as WA: thence South 04 de grees 34 minutes, 54 grees:,`40 minutes t26 , ".thence; North 84, de-• thence • North 19, de amended byOrdinance (b)`Subarea:B shall ;grees .03 minutes 28 seconds West 81:92 seconds , East:' :49.90 grees 48., minutes 48 grees '41 minutes 23 No 4414 providing for .include that area de- .seconds West:,23747 feet• feet,1; seconds East 242.64 seconds East 503.77 the division of 'taxes scribed as 'follows `' feet; - „ thence Southwesterly thence; South` 39 de feet feet within the ;Urban •Re-;, Commenting',' at the , thence,-South 17 de 11`469 feet( along +,a grees;l025'minutes 24 thence'Aorth'.08':da- thence North 74 de- newal Project. ,;Area -Southwest (5,1n/) `Cor- ';grees; 27 minutes 07 ;1210 00 +'foot ''radius seconds East :i 120 42; Agrees 41';; minutes;- 01 grees ` 37.'minutes 39 , ner of Lot ef ;seconds West 58714, "secontls ;East 121:61 40319 of, the Code of Duque Technology Park ,,, feet , "East 27,8 654 we terlyy ,and etangent fethence,South:03 de 'feet, feet r .seconds;, Iowa; and ' in the•Cit of Dubuque, thence"South 14 de to 'the ' Y' �"preceding' grees; Ol• minutes 43 thence North Olde thence North 11 de- WHEREAS the City Iowa;, thence '(North 87 ;grees .36 ",minutes 27, .course, having a, 114;65 seconds East? 41962 r`grees 58_ minute's 37 gr , . ees '29 minutes 3.5i Council by'Resolution degrees 55 minutes 02 ;seconds West 32241 foot chord bearing,feet,`r ,seconds ;West 11295' seconds East 45,22 No, 28014, adopted on seconds East30 00 feet. ;feet South 28. degrees: 17 thence Southa02 de ,:feet feet, September 2.'2914'; ap along the, South Line of . thence South 25 'de,- •m nutes' "50 seconds grees;: 73. minutes •.29 thence'. North- 17' dethence ;,Northerly, proved an'" Amended said D to the Point .; grees 17 minutes li0 West seconds East...' 190-.47' grees 20' minutes?• 11 824:23 feet'.; along,: a and - Restatement ,Ur- of Beginning; seconds West 133 92 thence South 3▪ 1 de` feet seconds East 111.53 .2840 00 "foot radius ban Renewal Plan, for thence North 87 rde feet grees 00 • minutes :45 thence South 07-+de feet curve concave Wester-. the DubuqueT,echnolo, grees ,55 minutes; 02 ;;,thence:South 39j.de secontls .West 60.67 reel 01,; minutes 04 thence?, North 05. de- ly and tangent to :the g gy Park'EconomicDe-- ; seconds East2000feet .: grees,:31 minutes 5.,7 ,feet ".. seconds West; 319.09:.grees 46a minutes; 38 ' preceding.': course m velopeht District, along-said Line; " seconds.: West :105 21 thence South 42. de feet ,'i seconds West 137313 . ing a- 821.34 foot' chord which amended '?the thence South102;de- :';feet grees 27. minutes.; 59 thence South`02 de feet bearing North` 03. de= 29 'minutes b4 thence ' Distnctto include add" grees:, South :12. de,-,. 'seconds - West 60.09 , grees' "05; minutes 143:, thence South 74i:de- ' grees. 10 minutes-.,44 tional property as "de seconds East 129 38 ;;grees -.25 minutes 44 feet seconds East 323 05 grees /.12 minutes.59 .seconds East; scribed therein;.,and feet _ seconds:. West •116 61 thence Southwesterly feet seconds West 251.61 thence North 05 de- WHEREAS; indebted thence Southeasterly `,feet 61;34 feet' along 'a • thence South,"18 de, :feet grees 10 °minutes:+15" ness has ',been incurred 229:98 'feet: along a thence South 47" de 1190 00 foot " radius grees ,24 minutes 17 thence South 48 'de • seconds West 244.47 by the City; and: add" 1140:00 'foot radius ;.grees ,36 minutes 33 , curve concave South: secon, ds, 'West:`; 15529 ,;'grees 13' minutes 29 feet aional, -.:expenditures 'curve concave' North seconds,' West 3;6775 `easterlyand'?tangentto feet '; secondse:West',31861 thence(IN'oitherly,. 'and_,indebtedness:are easterly.and tangent :feet lheM preceding' ,course thence South 01 d'e feet 172:89'.feet',,'along.;;a '. anticipatedto be incur;- the proceeding:, course ;;' thence'.; South 35 de h'aumg a 6134` °foot grees' 4611minute5;49 thence ;South 37,'de'" 1930 00 foot radius, red by,ahe City ofrDu= having a 229059 foot ,:;grees 53} minutes; 39 chord bearing South 40 seconds `East :512:17 „;grees 04. minutes,-21 curve concave Easterly;; bu'que .low,a in the, fu' , chord,bearing South:08 ' 'seconds U West 653 35 degrees 47 ;minutes 06 feet `iEast seconds °=West `191:01 '. and tangent to the pre %tune to •finance urban. degrees 16 mrnutes;39. 'feet• secondsWest, r"i ', thence South'88 de' 'feet ceding'course havingta renewal project activi= seconds East thence+South 45(; de thence S'o'uth 39 de grees;; 13 minutes 1'1 .; ;thence;,South 56' de= 172:85 f6otchord bear_, ties carned:'out in fur thence' South' 14 de •;grees 46 minutes 18 grees 10 n mutes '36 `' seconds Westl 20.00 grees 54 minutes 44' ing North 02' degrees,34:, therance ofithe.objec= , grees: • 03 minutes 25 'seconds West 223 10 secontls West";16584;.' feet;', seconds West 317 79, minutes ` 08 `. seconds tives of thecUrban Re seconds East,; 266 67 :'feet .>;: .. feet ,., , thence North 01 de; feet n 1''7r West , ; ..; newer:,Plan: and ;the feet; , i r thence; South 27; de thence South 05 tle; h grees,; 46' minutes 49 :': thence :South 77"de= thence North'.00 de= con.tinuing; needs of:re thence South 09 de grees'e,34`rminutes`25 `.grees 45 minutes ,YOB - seconds -West.',.252.23 `grees 09i.•minutest 08 grees, 10 '; rninutes. 22 . development within 'grees 11 minutes 37 seconds' West 1275Y seconds' East 1929 feet +!t 4z A R seconds;West„ 241.96) seconds .West 198.38 the Urban; Renewal seconds West, +15513 feet F+ feet , thence South 871 de fleet feet Project Area are suchfeet thencerSouth 39 de thence "South 39 de- - grees,, 04 ,'min'utes-'1:2'" '-thence ,South-', 44- de- ' thence North 45. de asto require-the con- thencerSouth` 20 de ;grees., 36 minutes 57 ;grees , 14 , minutes >50 seconds West 424:08 grees, .13; minutes' 04 grees 08 minutes .04 tinued, application,;of grees' 26 'minutes 37 ��:seconds:';:West •.188.70 'seconds West • 26:28 feet;.' : • seconds West, 384.81 seconds "West "22.54 rtOFFICIAL' the rncremental.tax re- secontls# }West 7062 .;feet feet j: thence- North." 02 de- Meet; . feet I .PUBLICATION "sources of.t the-Urban feet;,•:; thence=South 58 de ,,, thenceJ'South,84-'de- grees;:551 minutes 48 , :] thence South 15,,de thence ''North '00 de ORDINANCENO`.`58-14:' Renewal, Project Area;. thence South;31 de grees 35 `minutes) -29 grees 14 ,minutes 50 seconds West • 20.00 grees:491 minutes- 56 grees 00 minutes :00 a and ,. grees;; 4 ,.':minutes + 37 ;:'„second's '� West -.266 94 '"seconds -+ West r1.9 29 k feet ;_, ' seconds .,:: East -650.30,., seconds West. 26.34. , G ORDI "WHEREAS, the Ci seconds�West:, 10198 ::feet feet I thence North^87 de ,1•feet feet y AMEN ,NO. or,0197.; DI he city..of feet ii thence;' South 69 de- thence South 39 de= ices" 041minutes T2+^" thence' ;AMENDED"4BY''ORDI CounciL,of t, ... ,,• .,.. . .. , ,,. 9 So uth 00 de thence North 45 de •NANCE': NO.,:44-14;;,'Dubuque, Iowa desires thence South: 08 de . )agrees 47 minutes 09 grees; 15 minutes 36 seconds East :42448 .);grees 05_i minutes,>59 grees 06 minutes :2'8, , to: continuethe division grees''.151, minutes; 41' !seconds 'West 183.73 seconds West '955.94 feet -+` econds :East 50269 .seconds East :21:02 :' GENERAL GENERAL PROPERR' PETT ' of. revenue'm frotaxa- seconds West' 44 91 feet : "feet thence North" 01 de `" feet ' "feet, TY TAXES tion in the? Urban Re- feet, thence South 36 de- thence. South 05 de- grees `46 .minutes 49 thence;: South 14; de .thence ',North 00,.de => LEVIED.=AND . COLLECTED EACH newel Project Area,. as thence South,02a de, ;;grees 22 ,,minutes;, 21 grees 46 >.minutes 38 seconds West .30145, `gree`s" 50-, minutes.' OS ' grees 23 minutes 37 `. 'YEAR.ON ALL'+PROPabove. described, in ac grees+; 23',mmutes 19 ',seconds :. West .440.22„ seconds., East. 1089.63 feet '; a °=seconds'West 494.39 seconds ! East '518.16 ERTY, ` LOCATiED cordance with the, pro seconds East: 3936 feet.. feet to a; point on:;the thence North.18 de-• feet to r a. Point on the feet; WITHIN> THE''DIJBU- visions 'of_., Section feet :„ , ;', thence North 72.:de-. `,East Right-of-Way.Line grees 24 minutes 17 ';South Line of theSW.1/4 .thence, North 89 de- Prepared by: Return to: Jill Connors, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4393 Kevin S. Firnstahl, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4121 AMENDED and RESTATED URBAN RENEWAL PLAN Dubuque Technology Park Economic Development District (Previously known as the Dubuque Industrial Center / South Economic Development District; and before then, the Site F Economic Development District) City of Dubuque, Iowa This Amended and Restated Urban Renewal Plan provides for the continued development of the Dubuque Technology Park, (previously known as the Dubuque Industrial Center/South Economic Development District; and before then, the Site F Economic Development District) originally established by Resolution 141-97 and thereafter amended and restated by Resolution 172-13 on June 03, 2013, by Resolution 179-14 on June 16, 2014 and as further amended on September 2, 2014 by Resolution 280-14. A. INTRODUCTION Page 1 B. OBJECTIVES Page 1 C. DISTRICT BOUNDARIES Page 2 D. PUBLIC PURPOSE ACTIVITIES Page 2 E. DEVELOPMENT AND REDEVELOPMENT REQUIREMENTS Page 5 F. LAND ACQUISITION AND DISPOSITION Page 6 G. FINANCING ACTIVITIES Page 6 H. STATE AND LOCAL REQUIREMENTS Page 9 I. DURATION OF APPROVED URBAN RENEWAL PLAN Page 9 J. SEVERABILITY Page 9 K. AMENDMENT OF APPROVED URBAN RENEWAL PLAN Page 9 L. ATTACHMENTS Page 9 A. INTRODUCTION This AMENDED AND RESTATED URBAN RENEWAL PLAN (the "Plan") has been prepared to update the objectives and public purpose activities intended to stimulate, through public actions, financing and commitments, private investment within the DUBUQUE TECHNOLOGY PARK ECONOMIC DEVELOPMENT DISTRICT (the "District"). The District previously was known as the Dubuque Industrial Center/South Economic Development District, and before then, the Site F Economic Development District. In order to achieve this objective, the City of Dubuque shall undertake the urban renewal actions specified in this Plan, pursuant to the powers granted to it under Chapter 403 of the Iowa Code Urban Renewal Law and Chapter 15A of the Iowa Code. Under this Plan, the District is being expanded to add a new Subarea C. This Plan shall serve as a new urban renewal plan for the amended District described herein. The Plan shall be viewed as a single plan for purposes of fulfilling the objectives of the Plan. The separate subareas of the Plan will be maintained and observed for those purposes which are aided by or in need of the division, but the combined and expanded area comprising the District shall be treated together for planning and redevelopment purposes. The division of taxation and the separation of incremental taxes authorized by Iowa Code Section 403.19 have been implemented in Subarea A of the District. No incremental taxes will be generated or collected by the City from properties located in Subarea B. Under the terms of this Plan and conforming amendments to the applicable tax increment ordinances, the tax increment mechanism described in Iowa Code Section 403.19 shall continue to apply in Subarea A of the District and shall be extended to include Subarea C. Incremental taxes generated from development in Subarea A and Subarea C may be used, subject to such liens and priorities as may exist or be from time to time provided, with respect urban renewal project activities undertaken throughout the District, in accordance with the Plan, as amended. B. OBJECTIVES OF THE PLAN The primary objectives of the Plan are the development and redevelopment of the District for economic development activities, primarily industrial park development, through: 1. Provision of marketable industrial development sites for the purpose of job -creating economic development activities; 2. Provision of public infrastructure improvements, including sanitary sewer, water and stormwater detention, supportive of full development of the District; 3. Provision of a safe, efficient and attractive circulation system; 1 4. Establishment of design standards which will assure cohesive and compatible development and redevelopment of the District; 5. Provision of public amenities that provide an aesthetically appealing environment, including open space, buffering, landscaping, water features, signage and lighting to create a distinctive and attractive setting; 6. Creation of financial incentives necessary to encourage new and existing businesses to invest in the District; and 7. Expansion of the property tax base of the District. C. DISTRICT BOUNDARIES The District is located entirely within the County of Dubuque, State of Iowa. Portions of the District, including all of Subareas A and C, reside within the City of Dubuque. In accordance with Iowa Code Section 403.17(4), Dubuque County consented to the inclusion of Subarea B in the District in a Joint Agreement between the City and County, dated April 21, 2014. The City of Dubuque believes that the objectives of the Plan can best be accomplished by defining the real property included within the District as three separate subareas so as to distinguish the newly revised original District (Subarea A) from the subsequent expansion area into the County (Subarea B) and the newly designated area (Subarea C). The descriptions of the boundaries of each Subarea are attached to this Plan as ATTACHMENT D, District Boundary Description by Subarea. The boundaries of the District are delineated on the Subarea Map, attached to this plan as ATTACHMENT A. The City of Dubuque reserves the right to modify the boundaries of the District at some future date. Any amendments to the Plan will be completed in accordance with Chapter 403 of the Iowa Code Urban Renewal Law. D. PUBLIC PURPOSE ACTIVITIES To meet the OBJECTIVES of this Plan, the City of Dubuque has and expects to continue to initiate and support development and redevelopment of the District through, among other things, the following PUBLIC PURPOSE ACTIVITIES: 2 1 Acquisition of property for public improvements and private development; 2. Demolition and clearance of improvements not compatible with or necessary for industrial park development and all site preparation and grading required in connection with such development; a.) These activities include, but are not limited to, the previously approved site work and grading associated with the development of the Dubuque Technology Park. 3. Improvement, installation, construction and reconstruction of streets, utilities and other improvements and rights -of -ways including but not limited to the relocation of overhead utility lines, street lights, appropriate landscaping and buffers, open space and signage; a.) These activities include, but are not limited to, the construction of water, and sanitary sewer utility lines, associated lift and pump stations, and fiber optic lines along the Highway 151161 corridor. b.) These activities include, but are not limited to, the previously approved development of roads, water, wastewater and storm water infrastructure associated with the development of the Dubuque Technology Park. 4. Disposition of any property acquired in the District, including sale, initial leasing or retention by the City itself, at its fair value; 5. Preparation of property for development and redevelopment purposes including but not limited to activities such as appraisals and architectural and engineering studies; a.) These activities include, but are not limited to, planning, design, engineering, mapping, and survey work associated with the construction of water and sanitary sewer utility lines, associated lift and pump stations, and fiber optic lines along the Highway 151/61 corridor. b.) These activities include, but are not limited to, the previously approved site work and grading associated with the development of the Dubuque Technology Park. 6. Maintenance of publicly utilized recreational and economic development areas; 3 a.) These activities include, but are not limited to, general landscaping and maintenance expenses in public right-of-way and undeveloped land owned by the City of Dubuque. 7. Use of tax increment financing, loans, grants and other appropriate financial tools in support of eligible public and private development and redevelopment efforts; a.) These activities include, but are not limited to, previously approved property tax rebate agreements with: • Conlon Johnson Development, LLC (Sedgwick) • Conlon Johnson Development, LLC (Sedgwick Phase II) • L&J Properties Dubuque, LLC • Kunkel Bounds and Associate, Inc. • b.) These activities also include future property tax rebate agreements with other developers, including but not limited to Rockfarm Holdings, Inc. 8. Enforcement of applicable local, state and federal laws, codes and regulations; 9. Enforcement of established design standards in furtherance of quality development; 10. Development and implementation of a marketing program for the purpose of promoting the purchase and development of industrial sites by private businesses; 11. Coordination of the improvement of U.S. Highway 61/151 as it affects the District's access to that roadway. 12. Contracts with vendors to promote business retention, expansion, recruitment, and workforce development; a.) These activities include, but are not limited to, a contract for service with the Greater Dubuque Development Corporation to promote business retention and expansion, workforce development, new business recruitment and retail expansion in the District. Public purpose activities are limited to those areas delineated on the urban renewal district Subarea Map (ATTACHMENT A). 4 All public purpose activities shall be conditioned upon and shall meet the restrictions and limitations placed upon the District by the Plan. E. DEVELOPMENT AND REDEVELOPMENT REQUIREMENTS The LAND USE and PLANNING AND DESIGN CRITERIA set forth herein shall apply to any and all District properties the development and/or the redevelopment of which is assisted by the City through any of the PUBLIC PURPOSE ACTIVITIES listed above. ATTACHMENT B-1 and ATTACHMENT B-2 identify the existing and proposed land uses within the District. 1. Land Use a. Subareas A and C: The intent of this Plan is to promote the development of commercial and industrial land uses within a quality industrial park setting. All uses shall be regulated by the zoning district established for the property. b. Subarea B: The intent of this Plan is to preserve the established agricultural, residential, commercial and land uses while allowing for development adjacent to Highway 61 and the construction of supporting infrastructure improvements. 2. Planning and Design Criteria Subareas A and C: The planning criteria to be used to guide the physical development of Subareas A and C are those standards and guidelines contained within the City of Dubuque's Unified Development Code and other applicable local, state and federal codes and ordinances. The current zoning designation is PI Planned Industrial District as required by Section 16-5-24 of the City of Dubuque's Unified Development Code. Development within Subareas A and C will follow the Planned Unit Development regulations which require a conceptual development plan and specific design and performance standards to be approved by ordinance. Subarea B: The planning and design criteria to be used to guide the physical development of Subarea B are those standards within the City of Dubuque's Unified Development Code for the portion of the property within the City of Dubuque's corporate limits, the Dubuque County Zoning Ordinance for the portions of the property within 5 Dubuque County, and other applicable state and federal codes. The current zoning designation is agricultural (AG -Agricultural District) for the portion of the property within the City limits, as defined by Section 16-5-21 of the City of Dubuque's Unified Development Code. The current zoning designation for the portion of the property in the unincorporated area, as defined by Dubuque County Zoning Ordinance is reflected on Attachment B-2 F. LAND ACQUISITION AND DISPOSITION The City of Dubuque is prepared to acquire and dispose of property in support of the development and redevelopment of the District within the parameters set forth below. 1. Land Acquisition No land acquisition by the City within the District is anticipated at this time. 2. Land Disposition Publicly held land will be sold for the development of viable uses consistent with this Plan and not for purposes of speculation. It is anticipated that Lot 7 Block 2 of Dubuque Technology Park will be acquired by Rockfarm Holdings, Inc. Any other public land will be disposed of in accordance with the requirements set forth in Chapter 403 of the Iowa Code Urban Renewal Law. Developers will be selected on the basis of the quality of their proposals and their ability to carry out such proposals while complying with the requirements of this Plan. Developers will be required by contractual agreement to observe the Land Use Requirements and Planning and Design Criteria of this Plan. The contract and other disposition documents will set forth the provisions, standards and criteria for achieving the objectives and requirements outlined in this Plan. 3. Relocation Requirements No relocation is anticipated at this time. G. FINANCING ACTIVITIES 6 To meet the OBJECTIVES of this Plan and to encourage the development of the District and private investment therein, the City of Dubuque is prepared to provide financial assistance to qualified industries and businesses through the making of loans or grants under Chapter 15A of the Iowa Code and through the use of tax increment financing under Chapter 403 of the Iowa Code. 1. Chapter 15A Loan or Grant The City of Dubuque has determined that the making of loans or grants of public funds to qualified industries and businesses is necessary to aid in the planning, undertaking and completion of urban renewal projects authorized under this Plan within the meaning of Section 384.24(3)(q) of the Iowa Code. Accordingly, in furtherance of the objectives of this Plan, the City of Dubuque may determine to issue bonds or loan agreements, in reliance upon the authority of Section 384.24A, Section 384.24(3)(q), Section 403.12 (general obligation bonds) or Section 403.9 (tax increment bonds), for the purpose of making loans or grants of public funds to qualified businesses located within the District. Alternatively, the City may determine to use available funds or future tax increment revenues for the making of such loans or grants. In determining qualifications of recipients and whether to make any such individual loans or grants, the City of Dubuque shall consider one or more of the factors set forth in Section 15A.1 of the Iowa Code on a case-by-case basis. 2. Tax Increment Financing The City of Dubuque is prepared to utilize tax increment financing as a means of financing eligible costs incurred to implement the Public Purpose Activities throughout the District, identified in Part D of this Plan. However no incremental taxes will be generated or collected by the City from properties located in Subarea B. Bonds or loan agreements may be issued by the City under the authority of Section 403.9 of the Iowa Code (tax increment bonds) or Section 384.24A, Section 384.24(3)(q) and Section 403.12 (general obligation bonds). The City acknowledges that the use of tax increment revenues delays the ability of other local taxing bodies to realize immediately the direct tax benefits of new development in the District. The City believes, however, that the use of tax increment revenues to finance the development of new industrial land and to promote private investment in the District is necessary in the public interest to achieve the OBJECTIVES of this Plan. Without the use of this special financing tool, new investment may not otherwise occur or may occur within another jurisdiction. If new development does not take place in Dubuque, property values could stagnate and the City, County and School District may receive less taxes during the duration of this Plan than they would have if this Plan were not 7 implemented. Tax increment financing will provide a long-term payback in overall increased tax base for the City, County and School District. The initial public investment required to generate new private investment will ultimately increase the taxable value of the District well beyond its existing base value. Tax increment reimbursement may be sought for, among other things, the following costs to the extent they are incurred by the City: a. Planning and administration of the Plan; b. Construction of public infrastructure improvements and facilities within the District; c. Acquisition, installation, maintenance and replacement of public investments throughout the District including but not limited to street lights, landscaping and buffers, signage and appropriate amenities; d. Acquisition of land and/or buildings and preparation of same for sale to private developers, including any "write down" of the sale price of the land and/or building; e. Preservation, conservation, development or redevelopment of buildings or facilities within the District to be sold or leased to qualified businesses; f. Loans or grants to qualified businesses under Chapter 15A of the Iowa Code, including tax rebate payments, debt service payments on any bonds issued to finance such loans or grants, for purposes of expanding the business or activity, or other qualifying loan programs established in support of the Plan; and g. Providing the matching share for a variety of local, state and federal grants and loans. h. Any of the costs incurred in connection with any of the PUBLIC PURPOSE ACTIVITIES described in Part D of this Plan. 3. Proposed Amount of Indebtedness At this time, the extent of improvements and new development within the District is only generally known. As such, the amount and duration for use of the tax 8 increment revenues for public improvements and/or private development can only be estimated; however, the actual use and amount of tax increment revenues to be used by the City for District activities will be determined at the time specific development is proposed. It is anticipated that the maximum amount of indebtedness which will qualify for tax increment revenue reimbursement during the duration of this Plan, including acquisition, public improvements and private development assistance, will not exceed $23,000,000. The City of Dubuque's current general obligation debt is $114,024,618 (a list of the outstanding obligations is found as ATTACHMENT C - List of General Obligation Debt) and the applicable constitutional debt limit is $193,113,721 for the Fiscal Year ending June 30, 2015. H. STATE AND LOCAL REQUIREMENTS All provisions necessary to conform with state and local laws have been complied with by the City of Dubuque in the implementation of this Plan and its supporting documents. I. DURATION OF APPROVED URBAN RENEWAL PLAN This Plan, for all Subareas, shall continue in effect until terminated by the City Council; provided, however, that the collection of tax increment revenues from properties located in Subareas A and C of the District shall be limited, as provided by law (currently twenty (20) years from the calendar year following the calendar year in which the City first certifies to the County Auditor the amount of any loans, advances, indebtedness or bonds which qualify for payment from the division of tax increment revenue provided for in Section 403.19 (tax increment financing) of the Iowa Code.) The DEVELOPMENT AND REDEVELOPMENT REQUIREMENTS established, or as amended from time to time by the City of Dubuque Zoning Ordinance, shall remain in effect in perpetuity J. SEVERABILITY In the event one or more provisions contained in this Plan shall be held for any reason to be invalid, illegal, unauthorized or unenforceable in any respect, such invalidity, illegality, unauthorization or unenforceability shall not affect any other provision of this Plan and this Urban Renewal Plan shall be construed and implemented as if such provision had never been contained herein. 9 K. AMENDMENT OF APPROVED URBAN RENEWAL PLAN This Plan may be amended from time to time to respond to development opportunities. Any such amendment shall conform to the requirements of Chapter 403 of the Iowa Code. Any change effecting any property or contractual right can be effectuated only in accordance with applicable state and local law. L. ATTACHMENTS A Subarea Map B Land Use Maps B-1 Existing Land Use B-2 Proposed Land Use C List of General Obligation Debt D District Boundary Description by Subarea F:\USERS\Econ Dev\Urban Renewal\Tech Park \2014.2 Amendment\TECH PARK UR PLAN.docx 10 Debi OAKLAND u T chno�Jo Par IVIS Ru ` Y Subar� /VATALIE LN' TANGLFWOO9 DR PHFASPNT LN TITrCITY n Dubuque [mss, F� DUBUQ JOE 1111l .Masterpiece on thelvli..sissippi conomic Development an Renew Subarea A Subarea B Subarea C 11111 Dubuque City Limits ubuque Technology Park120141Subarea C1AttachmentA_SubareaMap.mxd 2013 Dubuque County Pictometry Dubugp- Technology Pa Atta tmentdstin'La?i�Use FFI, N w N Crl N 41 Planned Open Space (City) Subarea A Subarea B Dubuque City Limits H:EconomicDevel•• ntlUrbanRenewaIDistrictslDubuqueTechnoIcgyPark120141Subar-y C1Attachmentat_ Existing Lan dJse. mx. P • Cm et ry Office (City) Subarea A Subarea B 1111 Dubuque City Limits created by WAS 2014-07-21 H:'Ec onomic Dev elopmert\Urban e+nal Districts\Dubuque Te ch nol k\20141Sub are a C.Attac Iti i entB2_ Propo sedL and Use m xd 2013 Dubuque County Pictcmetry City of Dubuque Summary of Bonded Indebtedness ATTACHMENT C Description Date Net Year of Amount Principal Principal Interest Principal of Interest Final of Outstanding Due Due Outstanding Bond Series Issue Rate Payment Issue 6/30/14 FY 2015 FY 2015 6/30/15 General Obligation Bonds (Essential Corporate Purpose) Water Main and Water Tower- Refunded Series 2012G 12-01-02 3.8187% 2017 3,105,000 575,000 190,000 6,712 385,000 Stormwater Improvements Series 2003A 09-15-03 4.2750% 2023 2,110,000 1,130,000 105,000 49,965 1,025,000 Stormwater Improvements Series 2005A 04-18-05 4.2421% 2024 1,750,000 1,080,000 90,000 46,902 990,000 DICW Expansion -Taxable Series 20121 11-04-12 1.2193% 2016 2,995,000 675,000 350,000 6,750 325,000 DICW Expansion -Non Taxable Series 2005B 04-18-05 4.1240% 2021 4,270,000 3,195,000 145,000 131,718 3,050,000 Refinanced Portions 5th/3rd St/IA Ramps Series 20121 11-04-12 1.2193% 2021 3,360,000 4,202,635 699,635 51,684 3,503,000 Refinanced Portions of T -Hangars Series 20121 11-04-12 1.2193% 2020 165,000 317,365 50,365 4,008 267,000 Stormwater Improvements Series 2006A 05-02-06 4.0665% 2025 2,900,000 1,970,000 140,000 80,275 1,830,000 Sewer System Improvements & Ext. Series 2007C 12-01-07 3.6596% 2017 1,055,000 390,000 125,000 14,108 265,000 Stormwater Improvements Series 2008A 11-04-08 4.5702% 2028 3,885,000 3,040,000 165,000 135,502 2,875,000 Kephart's Building Series 2008B 11-04-08 4.2334% 2024 377,055 254,030 23,940 10,474 230,090 Library Renovation Series 2008B 11-04-08 4.2334% 2024 2,457,945 1,655,970 156,060 68,276 1,499,910 DICW Expansion -Non Taxable Series 2008B 11-04-08 4.2334% 2023 455,000 305,000 30,000 12,575 275,000 DICW Expansion -Taxable Series 2008C 11-04-08 5.5369% 2018 2,465,000 1,560,000 355,000 84,912 1,205,000 Airport Improvements Series 2009A 11-05-09 3.2913% 2029 230,000 190,000 10,000 9,280 180,000 Fire Truck Replacement Series 2009A 11-05-09 3.2913% 2029 1,410,000 1,175,000 60,000 57,280 1,115,000 Fiber Optic Paving Series 2009A 11-05-09 3.2913% 2029 100,000 80,000 5,000 3,870 75,000 Streetlight Replacement Series 2009A 11-05-09 3.2913% 2018 40,000 20,000 5,000 790 15,000 Stormwater Improvements Series 2009A 11-05-09 3.2913% 2029 1,155,000 965,000 50,000 47,040 915,000 Central Ave Parking Ramp Series 2009B 11-05-09 3.2325% 2029 9,310,000 7,770,000 405,000 374,694 7,365,000 DICW - North Siegert Improvements Series 2009B 11-05-09 3.2325% 2029 1,865,000 1,560,000 80,000 75,182 1,480,000 America's River Refunding Series 2009C 11-05-09 2.7913% 2021 8,885,000 5,500,000 705,000 216,475 4,795,000 Main Street - Refunding Series 2010A 08-02-10 2.4203% 2021 705,000 475,000 65,000 12,232 410,000 Airport Series 2010A 08-02-10 3.2838% 2030 176,361 154,813 7,495 5,010 147,318 Smart Meters for City Buildings Series 2010A 08-02-10 3.2838% 2030 62,835 55,158 2,670 1,785 52,488 Park Water System Study Series 2010A 08-02-10 3.2838% 2030 83,518 73,315 3,549 2,373 69,766 Refuse Series 2010A 08-02-10 3.2838% 2030 69,946 61,399 2,972 1,987 58,427 Stormwater Improvements Series 2010A 08-02-10 3.2838% 2030 1,667,481 1,463,752 70,862 47,370 1,392,890 Public Works Equipment Replacement Series 2010A 08-02-10 3.2838% 2030 542,488 476,208 23,054 15,411 453,154 Street Improvements Series 2010A 08-02-10 3.2838% 2030 270,822 237,732 11,509 7,694 226,223 Sanitary Improvements Series 2010A 08-02-10 32838% 2030 891,550 782,622 37,888 25,327 744,734 Downtown Housing RFP/40 Main Series 2010B 08-02-10 4.6650% 2030 2,675,000 2,400,000 95,000 106,165 2,305,000 Millwork District Parking Series 2010C 08-02-10 3.3265% 2030 2,825,000 2,480,000 120,000 78,400 2,360,000 Southwest Arterial Series 2011A 08-01-11 3.3045% 2031 1,029,285 943,917 43,090 31,347 900,827 Refuse Series 2011A 08-01-11 3.3045% 2031 36,615 33,578 1,533 1,115 32,045 Sanitary Sewer Improvements Series 2011A 08-01-11 3.3045% 2031 1,374,068 1,260,105 57,524 41,848 1,202,581 Stormwater Improvements Series 2011A 08-01-11 3.3045% 2031 2,287,260 2,097,559 95,754 69,658 2,001,805 Iowa Street Ramp Improvements Series 2011A 08-01-11 3.3045% 2031 60,720 55,684 2,542 1,850 53,142 Water System Improvements Series 2011A 08-01-11 3.3045% 2031 1,542,052 1,414,156 64,557 46,964 1,349,599 18th Street Building Improvements Series 2011 B 08-01-11 3.5863% 2026 620,041 542,049 38,996 18,256 503,053 DICW Expansion - South Siegert Farm Series 2011B 08-01-11 3.5863% 2026 378,965 331,297 23,834 11,158 307,463 Description Date Net Year of Amount Principal Principal Interest Principal of Interest Final of Outstanding Due Due Outstanding Bond Series Issue Rate Payment Issue 6/30/14 FY 2015 FY 2015 6/30/15 General Obligation Bonds (Essential Corporate Purpose) Port of Dubuque Parking Ramp Series 20116 08-01-11 3.5863% 2026 590,994 516,656 37,169 17,400 479,487 Intermodal Series 2012A 02-06-12 2.5444% 2031 4,380,000 4,175,000 205,000 • 99,012 3,970,000 Stormwater Improvements Series 2012B 02-06-12 2.7031% 2031 1,935,000 1,775,000 90,000 48,570 1,685,000 7th Street/2-Way Conversion Series 2012B 02-06-12 2.7031% 2031 5,560,000 5,300,000 260,000 130,694 5,040,000 Washington Neighborhood Business Incentives Series 2012C 06-04-12 3.1972% 2032 755,000 755,000 35,000 22,205 720,000 Airport Improvements Series 2012C 06-04-12 3.1972% 2032 90,000 80,000 10,000 1,685 70,000 Airport Improvements .Series 2012C 06-04-12 3.1972% 2032 2,145,000 2,055,000 95,000 60,478 1,960,000 DICW Expansion - South Siegert Farm - Taxable Series 2012C 06-04-12 3.1972% 2032 3,975,000 3,805,000 170,000 112,060 3,635,000 DICW Expansion - South Siegert Farm- Non-taxable Series 2012D 06-04-12 2.7903% 2032 425,000 410,000 15,000 12,462 395,000 Airport Utility Extension - Tech South - Const Series 2012D 06-04-12 2.7903% 2018 945,000 765,000 185,000 21,100 580,000 Fire Pumper Series 2012D 06-04-12 2.7903% 2027 269,800 252,050 17,750 7,384 234,300 Fire Station #4 Improvements Series 2012D 06-04-12 2/903% 2022 65,000 60,000 5,000 1,750 55,000 E911 Tower Relocation Series 2012D 06-04-12 2.7903% 2027 235,800 221,400 14,400 6,498 207,000 Park Improvements -15 Year Bonds Series 2012D 06-04-12 2.7903% 2027 65,500 61,500 4,000 1,805 57,500 Civic Center Improvements Series 2012D 06-0412 2/903% 2027 550,200 516,600 33,600 15,162 483,000 Conference Center Improvements Series 2012D 06-04-12 2/903% 2022 60,200 55,900 4,300 1,634 51,600 Recreation Improvements -10 year bonds Series 2012D 06-04-12 2.7903% 2022 9,800 9,100 700 266 8,400 Library Improvements Series 2012D 06-04-12 2/903% 2022 65,500 61,500 4,000 1,805 57,500 City Hall Brickwork Series 2012D 06-04-12 2/903% 2027 393,000 369,000 24,000 10,830 345,000 FEMA Land Buyout Series 2012D 06-04-12 2.7903% 2027 110,200 102,950 7,250 3,016 95,700 Locust Ramp Security Cameras Series 2012D 06-04-12 2.7903% 2033 175,000 170,000 5,000 5,163 165,000 Sanitary Sewer Improvements Series 2012D 06-04-12 2.7903% 2033 1,560,000 1,495,000 65,000 45,144 1,430,000 Stormwater Improvements Series 2012D 06-04-12 2.7903% 2033 405,000 390,000 15,000 11,850 375,000 Water System Improvements Series 2012D 06-04-12 2/903% 2033 1,840,000 1,765,000 75,000 53,550 1,690,000 DICW Expansion - Consultant Series 2012H 11-04-12 2.5337% 2032 151,447 151,447 6,724 3,586 144,723 Airport Utility Extension - Tech South -Design Series 2012H 11-04-12 Z5337% 2018 50,562 50,562 13,650 1,029 36,912 Granger Creek Trail - Tech South Series 2012H 11-04-12 2.5337% 2018 194,854 194,854 51,350 3,871 143,504 GDTIF ADA Restroom Series 2012H 11-04-12 2.5337% 2032 222,043 222,043 9,710 5,179 212,333 GDTIF Sidewalks to McAleece Series 2012H 11-04-12 2.5337% 2032 105,178 105,178 4,414 2,354 100,764 GDTIF MCFC Second Floor Renovation Series 2012H 11-04-12 2.5337% 2032 1,413,351 1,413,351 62,676 33,429 1,350,675 GDTIF Rail Platform Series 2012H 11-04-12 2.5337% 2032 247,563 247,563 11,476 6,121 236,087 GDTIF MCIC Improvements Series 2012F 11-04-12 1.7008% 2032 256,887 256,887 30,000 3,940 226,887 GDTIF Wash Neighborhood Business Grants Series 2012F 11-04-12 1/008% 2032 302,220 302,220 34,800 4,570 267,420 GDTIF Business ADA Assistance Series 2012F 11-04-12 1.7008% 2032 25,150 25,150 2,400 315 22,750 GDTIF DT Housing Incentives Series 2012F 11-04-12 1.7008% 2032 173,776 173,776 20,400 2,679 153,376 GDTIF Financial Consultant Grant Series 2012F 11-04-12 1/008% 2032 100,705 100,705 12,000 1,576 88,705 GDTIF DT Facade Grant Series 2012F 11-04-12 1.7008% 2032 151,110 151,110 18,000 2,364 133,110 GDTIF Hist District Improvements Grant Series 2012F 11-04-12 1.7008% 2032 25,150 25,150 2,400 315 22,750 Police Software Replacement Series 2012E 11-04-12 2.4872% 2022 356,720 325,220 34,650 6,536 290,570 Park Improvements -10 Year bonds Series 2012E 11-04-12 2.4872% 2022 211,120 192,620 20,350 3,839 172,270 Park Improvements -10 Year bonds Series 2012E 11-04-12 2.4872% 2022 171,808 158,008 13,800 3,151 144,208 Recreation Improvements -10 year bonds Series 2012E 11-04-12 2.4872% 2027 14,924 13,724 1,200 274 12,524 Library Improvements Series 2012E 11-04-12 2.4872% 2027 173,992 163,992 10,000 3,594 153,992 Southwest Arterial Series 2012E 11-04-12 2.4872% 2032 1,282,372 1,225,625 56,747 29,795 1,168,878 Sanitary Forecmain Repair Series 2012E 11-04-12 2.4872% 2032 652,652 623,744 28,908 15,178 594,836 7th Street Stormwater Improvments Series 2012E 11-04-12 2.4872% 2032 133,952 128,025 5,927 3,112 122,098 Water System Improvements Series 2012E 11-04-12 2A872% 2032 642,460 614,042 28,418 14,921 585,624 Dubuque Initiatives Loan Guaranty (Ends 2017) Future 3.5000% 2017 10,000,000 10,000,000 10,000,000 FY14 Planned Projects Future 3.5000% 2034 5,610,565 5,330,037 280,528 116,228 5,049,509 FY15 Planned Projects Future 3.5000% 2035 21,432,697 909,771 764,208 20,522,926 Total General Obligation Bonds 142,353,259 100,351,853 7,760,297 3,738,108 114,024,618 Attachment D Dubuque Technology Park Economic Development District (Previously known as the Dubuque Industrial Center / South Economic Development District; and before then, the Site F Economic Development District) Version 2014.2 District Boundary Description by Subarea 1. Subarea A of the District shall include that area described as follows: LOT D OF DUBUQUE TECHNOLOGY PARK, LOT 3 IN BLOCK 1 OF DUBUQUE TECHNOLOGY PARK, LOT 4 IN BLOCK 1 OF DUBUQUE TECHNOLOGY PARK AND ALSO LOT 1 OF DUBUQUE TECHNOLOGY PARK NO. 2, LOT 11 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, LOT 1-10 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, LOT 2-1 OF DUBUQUE TECHNOLOGY PARK NO. 3, LOT 6 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, LOT 4 & 5 IN BLOCK2 OF DUBUQUE TECHNOLOGY PARK; AND; ALL OF THE DIGITAL DRIVE RIGHT OF WAY ADJACENT TO LOT 2-1 OF DUBUQUE TECHNOLOGY PARK NO. 3, LOT 1-10 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, AND LOT 11 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. 2. Subarea B of the District shall include that area described as follows: Commencing at the Southwest (SW) Corner of Lot D of the Dubuque Technology Park in the City of Dubuque, Iowa; thence North 87 degrees 55 minutes 02 seconds East 30.00 feet along the South Line of said Lot D to the Point of Beginning; thence North 87 degrees 55 minutes 02 seconds East 20.00 feet along said South Line; thence South 02 degrees 29 minutes 54 seconds East 129.38 feet; thence Southeasterly 229.98 feet along a 1140.00 foot radius curve concave Northeasterly and tangent to the proceeding course having a 229.59 foot chord bearing South 08 degrees 16 minutes 39 seconds East; thence South 14 degrees 03 minutes 25 seconds East 266.67 feet; thence South 09 degrees 11 minutes 37 seconds West 185.13 feet; thence South 20 degrees 26 minutes 37 seconds West 70.62 feet; 1 Attachment D thence South 31 degrees 41 minutes 37 seconds West 101.98 feet; thence South 08 degrees 51 minutes 41 seconds West 44.91 feet; thence South 02 degrees 23 minutes 19 seconds East 39.36 feet; thence North 56 degrees 10 minutes 48 seconds East 362.38 feet; thence North 58 degrees 17 minutes 06 seconds East 374.06 feet; thence North 45 degrees 24 minutes 42 seconds East 369.94 feet; thence North 02 degrees 26 minutes 23 seconds East 399.94 feet; thence North 44 degrees 50 minutes 44 seconds East 13.59 feet to a point on the South Line of said Lot D; thence North 87 degrees 55 minutes 02 seconds East 29.29 feet along said South Line; thence South 44 degrees 50 minutes 44 seconds West 27.22 feet; thence South 02 degrees 26 minutes 23 seconds West 400.06 feet; thence South 45 degrees 24 minutes 42 seconds West 380.06 feet; thence South 58 degrees 17 minutes 06 seconds West 375.94 feet; thence South 56 degrees 10 minutes 48 seconds West 374.24 feet; thence South 02 degrees 23 minutes 19 seconds East 268.67 feet; thence South 33 degrees 01 minutes 47 seconds West 332.79 feet; thence South 28 degrees 32 minutes 57 seconds West 240.03 feet; thence South 04 degrees 03 minutes 28 seconds West 237.47 feet; thence South 17 degrees 27 minutes 07 seconds East 278.65 feet; thence South 14 degrees 36 minutes 27 seconds West 322.41 feet; thence South 25 degrees 17 minutes 00 seconds West 133.92 feet; thence South 39 degrees 31 minutes 57 seconds West 105.21 feet; thence South 12 degrees 25 minutes 44 seconds West 116.61 feet; thence South 47 degrees 36 minutes 33 seconds West 367.75 feet; 2 Attachment D thence South 35 degrees 53 minutes 39 seconds West 653.35 feet; thence South 45 degrees 46 minutes 18 seconds West 223.10 feet; thence South 27 degrees 34 minutes 25 seconds West 127.50 feet; thence South 39 degrees 36 minutes 57 seconds West 188.70 feet; thence South 58 degrees 35 minutes 29 seconds West 266.94 feet; thence South 69 degrees 47 minutes 09 seconds West 183.73 feet; thence South 36 degrees 22 minutes 21 seconds West 440.22 feet; thence North 72 degrees 38 minutes 44 seconds West 315.52 feet; thence Southwesterly 232.28 feet along a 780.00 foot radius curve concave Southeasterly and having a 231.42 foot chord bearing South 39 degrees 59 minutes 43 seconds West; thence South 35 degrees 16 minutes 20 seconds West 221.67 feet; thence South 01 degrees 24 minutes 09 seconds West 438.61 feet; thence South 02 degrees 13 minutes 54 seconds East 399.49 feet; thence South 04 degrees 25 minutes 28 seconds East 402.65 feet; thence South 03 degrees 19 minutes 27 seconds West 331.00 feet; thence South 06 degrees 59 minutes 30 seconds West 312.02 feet; thence South 74 degrees 37 minutes 39 seconds West 117.99 feet; thence South 11 degrees 29 minutes 35 seconds West 16.45 feet; thence South 56 degrees 29 minutes 35 seconds West 136.42 feet; thence South 25 degrees 34 minutes 54 seconds West 90.97 feet; thence South 19 degrees 25 minutes 06 seconds East 269.88 feet; thence South 25 degrees 34 minutes 54 seconds West 81.92 feet; thence Southwesterly 114.69 feet along a 1210.00 foot radius curve concave Northwesterly and tangent to the preceding course having a 114.65 foot chord bearing South 28 degrees 17 minutes 50 seconds West; thence South 31 degrees 00 minutes 45 seconds West 60.67 feet; 3 Attachment D thence South 42 degrees 27 minutes 59 seconds West 60.09 feet; thence Southwesterly 61.34 feet along a 1190.00 foot radius curve concave Southeasterly and tangent to the preceding course having a 61.34 foot chord bearing South 40 degrees 47 minutes 06 seconds West; thence South 39 degrees 10 minutes 36 seconds West 166.84 feet; thence South 05 degrees 45 minutes 10 seconds East 19.29 feet; thence South 39 degrees 14 minutes 50 seconds West 26.28 feet; thence South 84 degrees 14 minutes 50 seconds West 19.29 feet; thence South 39 degrees 15 minutes 36 seconds West 955.94 feet; thence South 05 degrees 46 minutes 38 seconds East 1089.63 feet to a point on the East Right -of -Way Line of US Highway No. 61; thence South 17 degrees 20 minutes 11 seconds West 112.22 feet along said East right-of-way Line; thence South 01 degrees 58 minutes 37 seconds East 108.38 feet along said East right-of-way Line; thence South 08 degrees 41 minutes 01 seconds East 637.28 feet along said East right-of-way Line; thence South 84 degrees 48 minutes 48 seconds West 225.01 feet; thence South 06 degrees 00 minutes 38 seconds East 168.98 feet; thence South 05 degrees 53 minutes 30 seconds East 347.66 feet; thence South 03 degrees 10 minutes 32 seconds East 49.28 feet; thence South 00 degrees 27 minutes 34 seconds East 136.21 feet; thence South 03 degrees 59 minutes 27 seconds East 59.13 feet; thence South 07 degrees 31 minutes 20 seconds East 194.27 feet; thence South 00 degrees 22 minutes 10 seconds East 272.08 feet; thence South 07 degrees 06 minutes 13 seconds East 93.42 feet; thence South 00 degrees 32 minutes 25 seconds West 171.59 feet; 4 Attachment D thence South 06 degrees 40 minutes 26 seconds East 49.90 feet; thence South 39 degrees 02 minutes 24 seconds East 120.42 feet; thence South 03 degrees 01 minutes 43 seconds East 419.62 feet; thence South 02 degrees 13 minutes 29 seconds East 190.47 feet; thence South 07 degrees 01 minutes 04 seconds West 319.09 feet; thence South 02 degrees 05 minutes 43 seconds East 323.05 feet; thence South 18 degrees 24 minutes 17 seconds West 155.29 feet; thence South 01 degrees 46 minutes 49 seconds East 512.17 feet; thence South 88 degrees 13 minutes 11 seconds West 20.00 feet; thence North 01 degrees 46 minutes 49 seconds West 252.23 feet; thence South 87 degrees 04 minutes 12 seconds West 424.08 feet; thence North 02 degrees 55 minutes 48 seconds West 20.00 feet; thence North 87 degrees 04 minutes 12 seconds East 424.48 feet; thence North 01 degrees 46 minutes 49 seconds West 301.45 feet; thence North 18 degrees 24 minutes 17 seconds East 97.21 feet; thence North 02 degrees 05 minutes 43 seconds West 315.82 feet; thence North 07 degrees 01 minutes 13 seconds East 319.00 feet; thence North 02 degrees 13 minutes 29 seconds West 190.19 feet; thence North 03 degrees 01 minutes 43 seconds West 406.34 feet; thence North 39 degrees 02 minutes 24 seconds West 119.03 feet; thence North 06 degrees 40 minutes 26 seconds West 64.03 feet; thence North 00 degrees 32 minutes 25 seconds East 171.44 feet; thence North 07 degrees 06 minutes 13 seconds West 93.11 feet; thence North 00 degrees 12 minutes 42 seconds East 225.29 feet along the West right-of-way Line of said Highway No. 61; 5 Attachment D thence North 04 degrees 32 minutes 04 seconds West 418.47 feet along said West right-of-way Line; thence North 02 degrees 21 minutes 16 seconds West 65.19 feet; thence North 05 degrees 53 minutes 30 seconds West 347.62 feet; thence North 06 degrees 00 minutes 38 seconds West 219.51 feet; thence North 84 degrees 48 minutes 48 seconds East 242.64 feet; thence North 08 degrees 41 minutes 01 seconds West 587.14 feet; thence North 01 degrees 58 minutes 37 seconds West 112.95 feet; thence North 17 degrees 20 minutes 11 seconds East 111.53 feet; thence North 05 degrees 46 minutes 38 seconds West 1373.13 feet; thence South 74 degrees 12 minutes 59 seconds West 251.61 feet; thence South 48 degrees 13 minutes 29 seconds West 318.61 feet; thence South 37 degrees 04 minutes 21 seconds West 191.01 feet; thence South 56 degrees 54 minutes 44 seconds West 317.79 feet; thence South 77 degrees 09 minutes 08 seconds West 241.96 feet; thence South 44 degrees 13 minutes 04 seconds West 384.81 feet; thence South 15 degrees 49 minutes 56 seconds East 650.30 feet; thence South 00 degrees 05 minutes 59 seconds East 502.69 feet; thence South 14 degrees 50 minutes 06 seconds West 494.39 feet to a point on the South Line of the SW 1/4 of Section 23, T88N, R2E of the 5th Principal Meridian, Dubuque County, Iowa; thence South 88 degrees 09 minutes 41 seconds West 20.88 feet along said South Line; thence North 14 degrees 50 minutes 06 seconds East 497.76 feet; thence North 00 degrees 05 minutes 59 seconds West 497.31 feet; thence North 15 degrees 49 minutes 56 seconds West 659.09 feet; thence North 44 degrees 13 minutes 04 seconds East 402.28 feet; 6 Attachment D thence North 77 degrees 09 minutes 08 seconds East 244.30 feet; thence North 56 degrees 54 minutes 44 seconds East 310.73 feet; thence North 37 degrees 04 minutes 21 seconds East 189.47 feet; thence North 48 degrees 13 minutes 29 seconds East 325.18 feet; thence North 74 degrees 12 minutes 59 seconds East 295.15 feet; thence North 29 degrees 24 minutes 36 seconds East 287.99 feet; thence North 53 degrees 18 minutes 25 seconds East 400.59 feet; thence North 35 degrees 57 minutes 19 seconds East 447.05 feet; thence North 19 degrees 41 minutes 23 seconds East 503.77 feet; thence North 74 degrees 37 minutes 39 seconds East 121.61 feet; thence North 11 degrees 29 minutes 35 seconds East 45.22 feet; thence Northerly 824.23 feet along a 2840.00 foot radius curve concave Westerly and tangent to the preceding course having a 821.34 foot chord bearing North 03 degrees 10 minutes 44 seconds East; thence North 05 degrees 10 minutes 15 seconds West 244.47 feet; thence Northerly 172.89 feet along a 1930.00 foot radius curve concave Easterly and tangent to the preceding course having a 172.85 foot chord bearing North 02 degrees 34 minutes 08 seconds West; thence North 00 degrees 10 minutes 22 seconds West 198.38 feet; thence North 45 degrees 08 minutes 04 seconds West 22.54 feet; thence North 00 degrees 00 minutes 00 seconds West 26.34 feet; thence North 45 degrees 06 minutes 28 seconds East 21.02 feet; thence North 00 degrees 23 minutes 37 seconds East 318.10 feet; thence North 89 degrees 59 minutes 26 seconds East 73.86 feet; thence North 35 degrees 16 minutes 20 seconds East 57.55 feet; thence North 01 degrees 24 minutes 09 seconds East 47.94 feet; thence North 34 degrees 23 minutes 50 seconds East 272.53 feet; 7 Attachment D thence North 13 degrees 17 minutes 56 seconds West 161.81 feet; thence North 38 degrees 00 minutes 52 seconds East 1195.47 feet; thence North 45 degrees 40 minutes 36 seconds East 150.00 feet to a point on the East Right -of -Way Line of Highway No. 61 and Highway No. 151; thence North 38 degrees 00 minutes 52 seconds East 700.53 feet along said East Right -of -Way Line; thence North 51 degrees 40 minutes 52 seconds East 274.81 feet; thence North 35 degrees 50 minutes 57 seconds East 448.99 feet; thence North 40 degrees 13 minutes 12 seconds East 400.16 feet; thence North 37 degrees 40 minutes 34 seconds East 502.15 feet; thence North 32 degrees 18 minutes 01 seconds East 386.34 feet to a point on the East Right -of -Way Line of Highway No. 61; thence North 43 degrees 03 minutes 14 seconds East 44.76 feet along said East Right -of -Way Line; thence North 02 degrees 10 minutes 57 seconds West 268.24 feet along said East Right -of -Way Line; thence North 56 degrees 10 minutes 48 seconds East 21.23 feet; thence North 02 degrees 23 minutes 19 seconds West 53.55 feet; thence North 08 degrees 51 minutes 41 seconds East 50.92 feet; thence North 31 degrees 41 minutes 37 seconds East 104.05 feet; thence North 20 degrees 26 minutes 37 seconds East 66.68 feet; thence North 09 degrees 11 minutes 37 seconds East 179.05 feet; thence North 14 degrees 03 minutes 25 seconds West 262.55 feet; thence Northwesterly 234.02 feet along a 1160.00 foot radius curve concave Northeasterly and tangent to the preceding course having a 233.62 foot chord bearing North 08 degrees 16 minutes 36 seconds West; thence North 02 degrees 29 minutes 54 seconds West 129.52 feet to the Point of Beginning. 8 Attachment D 3. Subarea C of the District shall include that area described as follows: LOT 7 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, AND; ALL OF THE DATA COURT RIGHT OF WAY ADJACENT TO LOT 7 IN BLOCK 2 OF DUBUQUE TECHNOLOGY PARK, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. 9