English Ridge L.L.C. - Housing Urban Renewal Development Agreement Copyright 2014
City of Dubuque Consent Items # 13.
ITEM TITLE: English Ridge L.L.C. - Development Agreement
SUMMARY: City Manager recommending approval of an agreement with
English Ridge, LLC for development of a housing
subdivision.
RESOLUTION Approving an agreement between the City
of Dubuque, Iowa and English Ridge, LLC for the
Development of property in the English Ridge Housing
Urban Renewal Area
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
English Ridge L.L.C. Agreement-MVM Memo City Manager Memo
Staff Memo Staff Memo
Agreement pp1-24 Supporting Documentation
Agreement pp25-51 Supporting Documentation
TIF Calculations English Ridge Supporting Documentation
Resolution of Approval Resolutions
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: English Ridge L.L.C. Agreement
DATE: February 11, 2016
Economic Development Director Maurice Jones recommends City Council approval of
an agreement with English Ridge L.L.C. for development of a housing subdivision. The
agreement provides that a park will be constructed by the City within the English Ridge
development no later than the completion of 50% of the residential homes within the
Development, and the developer will be reimbursed for the installation and dedication of
fiber optic conduit, vaults, and appurtenances for future fiber optic installations in an
amount not to exceed $189,000. This reimbursement will be funded from the increment
generated from the property improvements in the English Ridge Housing Urban
Renewal Area.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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 Development Director
Dubuque Economic Development Department
THE CITY OF 50 West 13th Street
All-AmMmIily Dubuque,Iowa 52001-4864
DUB3 &kE1 I Office(563)589-4393
TTY(563)690-6678
® http://www.cityofdubuque.org
Masterpiece on the Mississippi 200.2012.2013
TO: Michael Van Milligen, City Manager
FROM: Maurice Jones, Economic Development Director
SUBJECT: English Ridge L.L.C. Agreement
DATE: February 2, 2016
INTRODUCTION
The purpose of this memorandum is to present for your review and approval an
agreement between the City and English Ridge L.L.C. for development of a housing
subdivision.
BACKGROUND
The English Ridge Housing Urban Renewal Area was established by the City Council
via Resolution 380-15 on November 2, 2015 to facilitate public improvements, stimulate
private development and create a fund to provide low and moderate income housing
throughout the city. The amount of funding available (TIF Calculation) is attached.
DISCUSSION
As part of this process an agreement with English Ridge L.L.C. was negotiated in order
to secure the developer's participation and consent. The agreement provides that a
park will be constructed by the City within the English Ridge development no later than
the completion of fifty percent (50%) of the residential homes within the Development,
and the developer will be reimbursed for the installation and dedication of fiber optic
conduit, vaults, and appurtenances for future fiber optic installations in an amount not to
exceed $189,000. This reimbursement will be funded from the increment generated
from the property improvements in the English Ridge Housing Urban Renewal Area.
RECOMMENDATION/ ACTION STEP
I respectfully submit the agreement for review and approval of the City Council.
City of Dubuque
Housing TIF Summary- English Ridge
TIF Revenue
Public
English English Improvement
Ridge Ridge 25%to Cumulative
FY Low Income Public Imp. Uncommitted* Developer TIF
2016 $ - $ - $ -
2017 $ 20,211 $ 32,837 $ $ 8,209 $ 24,628
2018 $ 98,746 $ 160,430 $ $ 40,108 $ 144,950
2019 $ 152,745 $ 221,152 $ 27,008 $ 62,040 $ 304,063
2020 $ 194,350 $ 78,643 $ 237,112 $ 78,643 $ 304,063
2021 $ 226,850 $ - $ 368,557 $ - $ 304,063
2022 $ 257,440 $ $ 418,255 $ $ 304,063
2023 $ 290,234 $ $ 471,534 $ $ 304,063
2024 $ 325,371 $ $ 528,621 $ $ 304,063
2025 $ 363,000 $ $ 589,756 $ $ 304,063
2026 $ 403,277 $ $ 655,192 $ $ 304,063
2027 $ 446,367 $ $ 725,200 $ $ 304,063
TIF Revenue $ 2,778,591 $ 493,063 $ 4,021,235 $ 189,000
TIF Funds Committed $ 2,778,591 $ 493,063
Uncommitted TIF Funds $ - $ (0)
Subdivision Improvements
Fiber Conduit & Vaults $ 189,000
Park $ 100,000
Total Subdivision Improve. $ 289,000
Public Improvements
Fiber Conduits and Vaults $ 25,313
Water $ 178,750
Total Public Improvements $ 204,063
Total Improvements $ 493,063
Surplus (Deficit) $ (0)
*The City is currently examining the feasibility of adding additional offsite public improvements within the
Urban Renewal Area which will spur additional development, however, any funds that remain uncommitted
will be redistributed back to the taxing bodies.
RESOLUTION NO. 40-16
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND
ENGLISH RIDGE, L.L.C. FOR THE DEVELOPMENT OF PROPERTY IN THE ENGLISH
RIDGE HOUSING URBAN RENEWAL AREA
Whereas, the City Council, by Resolution No. 348-15, dated October 5, 2015,
declared its intent to establish the English Ridge Housing Urban Renewal Area; and
Whereas, pursuant to published notice, a public hearing was held on the intent to
establish the English Ridge Housing Urban Renewal Area on November 2, 2015 at 6:30
p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6t" Street,
Dubuque, Iowa; and
Whereas, the City Council, following the public hearing, by Resolution. No. 380-15,
approved the English Ridge Housing Urban Renewal Area; and
Whereas, English Ridge, L.L.C. is the owner of property in the English Ridge Housing
Urban Renewal Area (the Property); and
Whereas, the City Council and English Ridge, L.L.C. desire to enter into the
Development Agreement attached hereto for the development of the Property; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement according to the terms and conditions set out in the Development
Agreement is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement by and between the City of Dubuque
and English Ridge, L.L.C. is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the
Development Agreement on behalf of the City and City Clerk is authorized and directed
to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Development Agreement as herein approved.
PASSED, APPROVED, AND ADOPTED this 15th day of FehrF.Y,7
Roy D. Buor/Mayor
ATTEST:
Kevin SNirnstahl, Ci y Clerk
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Doc ID: 008451670054 Type: GEN
Kind: AGREEMENT
Recorded: 06/08/2016 at 01:18:57 PM
Fee Amt: $272.00 Page 1 of 54
Dubuque County Iowa
John Murphy Recorder
F11e2016-00006970
RECORDER'S COVER SHEET
AGREEMENT
BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND ENGLISH RIDGE, LLC
FOR THE DEVELOPMENT OF THE ENGLISH RIDGE HOUSING URBAN RENEWAL
AREA
Preparer Information:
Crenna Brumwell, City Attorney's Office, 300 Main St., Suite 330, Dubuque, IA 52001
(563) 589-4113
Taxpayer Information:
English Ridge, LLC; Larry McDermott, Managing Member, 14407 Hwy 20 W., Dubuque,
IA 52003
Return Document To:
Kevin Firnstahl, City of Dubuque City Clerk, 50 West 13th Street, Dubuque, IA 52001
Legal Description:
10; Section 1: Legal Description of Project Area
Grantors: Grantees:
English Ridge, LLC The City of Dubuque, Iowa
Attachments:
Certified Resolution No. 40-16
Agreement
Exhibit A Urban Renewal Plan
Exhibit B Plats to include previously recorded documents
2014-00006890 English Ridge Subdivision No. 4
2014-00009028 English Ridge Subdivision No. 5
2011-00018300 English Ridge Place No. 1
fl z°G c cati
AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
ENGLISH RIDGE, L.L.C.
This Agreement, dated for reference purposes the day of
f , 2016, by and between the City of Dubuque, Iowa, a municipality
( ity),establi hed pursuant to Iowa Code and acting under authorization of Iowa Code.
Chapter 489, as amended (Urban Renewal Act), and English Ridge, L.L.C., an Iowa
limited liability company with its principal place of business in Dubuque, Iowa
(Developer).
WHEREAS, in furtherance of the objectives of the Urban Renewal Act, City has
undertaken an urban renewal project (the Project) to advance the community's ongoing
economic development efforts; and
WHEREAS, the Project is located within the English Ridge Housing Urban
Renewal Area Economic Development District (the Project Area); and
WHEREAS, as of the date of this Agreement an urban renewal plan for the
Project Area consisting of the urban renewal plan for the English Ridge Housing Urban
Renewal Area Economic Development District, was approved by the City Council of
City on the 2nd day of November, 2015, (the Urban Renewal Plan); and
WHEREAS, a copy of the Urban Renewal Plan, as constituted on the date of this
Agreement, attached hereto as Exhibit A, is on file with the Clerk for the City; and
WHEREAS, the Developer plans a development of single-family homes on all
property owned by Developer as of the date of this Agreement (the Development
Property) which is located in the Project Area, and thereafter to cause the same to be
operated in accordance with this Agreement; and
WHEREAS, the Developer is willing to cause certain infrastructure improvements
to be constructed on and within the Development Property; and
WHEREAS, the City intends to assist the Project through grants toward
infrastructure improvements; and
WHEREAS, City believes that the development of the Development Property
pursuant to this Agreement, and the fulfillment generally of this Agreement, are in the
vital and best interests of City and in accord with the public purposes and provisions of
the applicable federal, state, and local laws and the requirements under which the
Project has been undertaken and is being assisted.
NOW THEREFORE, in consideration of the promises and the mutual obligations
of the parties hereto, each of them does hereby covenant and agree with the other as
follows:
SECTION 1. LEGAL DESCRIPTION OF PROJECT AREA.
ALL THAT PART OF THE RIGHT OF WAY OF STONE VALLEY DRIVE LYING
BETWEEN THE SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY
20 AND THE WEST LINE OF ENGLISH RIDGE SUBDIVISION.
LOTS B AND C ENGLISH RIDGE SUBDIVISION (CHESTERFIELD DR.), AND;
LOT A ENGLISH RIDGE SUBDIVISION, AND;
LOT L ENGLISH RIDGE SUBDIVISION, AND;
LOT K ENGLISH RIDGE SUBDIVISION, AND;
LOT J ENGLISH RIDGE SUBDIVISION, AND;
LOTS 3 — 22, INCLUSIVE, IN BLOCK 1 ENGLISH RIDGE SUBDIVISION, AND;
LOTS 1 — 23, INCLUSIVE, IN BLOCK 2 ENGLISH RIDGE SUBDIVISION, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA.
LOT 1 IN ENGLISH RIDGE PLACE NO. 1, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA.
LOTS 1 — 21, INCLUSIVE, IN ENGLISH RIDGE SUBDIVISION NO. 2, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA.
LOTS 22 - 42, INCLUSIVE, IN ENGLISH RIDGE SUBDIVISION NO. 3, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA.
LOTS 53 IN ENGLISH RIDGE SUBDIVISION NO. 4, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA.
LOT B ENGLISH RIDGE SUBDIVISION NO. 5, AND:
LOTS 43 - 52, INCLUSIVE, AND LOTS 54 - 64, INCLUSIVE, IN ENGLISH
RIDGE SUBDIVISION NO. 6, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA.
LOT E ENGLISH RIDGE SUBDIVISION NO. 6, EXCEPTING THAT PORTION
OF SAID LOT E LYING WITHIN THE PUBLIC RIGHT OF WAY OF ENGLISH
MILL ROAD.
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SECTION 2. DEVELOPMENT ACTIVITIES.
2.1 Required Improvements. City acknowledges that Developer is developing a
residential development on the Development Property as shown on the plats attached
hereto as Exhibit B. Developer agrees as follows:
A. To consent to the inclusion of Developer's property in the Project Area;
B. To install and dedicate fiber optic conduit, vaults, and appurtances as part
of the infrastructure for English Ridge with an estimated cost of one hundred
eighty nine thousand dollars ($189,000.00), Developer to be reimbursed for
actual expenditures up to one hundred eighty nine thousand dollars
($189,000.00) certified to the City of Dubuque and subject to approval by the
City.
2.2 Plans for Construction of Improvements. Plans and specifications with respect
to the Development Property and the construction of improvements thereon (the
Construction Plans) shall be in conformity with the Urban Renewal Plan, this
Agreement, and all applicable state and local laws and regulations, including but not
limited to any covenants, conditions, restrictions, reservations, easements, liens, and
charges applicable to the Development Property, in the records of Dubuque County,
Iowa. Developer shall submit to City, for approval by City, plans, drawings,
specifications, and related documents with respect to the improvements to be
constructed by Developer on the Development Property. All work with respect to the
improvements shall be in substantial conformity with the Construction Plans approved
by City.
2.3 Timing of Improvements. Developer hereby agrees that construction of
improvements on the Development Property shall be commenced by April 1, 2017, and
shall be built in conjunction with the streets within the Development. The time frames
for the performance of these obligations shall be suspended due to unavoidable delays,
meaning delays outside the control of the party claiming its occurrence in good faith,
which are the direct result of strikes, other labor troubles, unusual shortages of
materials or labor, unusually severe or prolonged bad weather, acts of God, fire, or
other casualty to the improvements, litigation commenced by third parties which, by
injunction or other similar judicial action or by the exercise of reasonable discretion
directly results in delays, or acts of any federal, state, or local government which directly
result in delays. The time for performance of such obligations shall be extended only
for the period of such delay.
SECTION 3. CITY PARTICIPATION.
3.1 Park Construction. City will construct a park by no later than the completion of
fifty percent (50%) of the residential homes within the Development.
3.2 Low and Moderate Income Family Housing Assistance.
A. Pursuant to Iowa Code §403.22 the Project includes assistance for low
and moderate income family housing. The amount to be provided for low and
moderate income family housing shall be either equal to or greater than the
percentage of the original Project cost that is equal to the percentage of low and
moderate income residents for Dubuque County which is 38.1 %.
B. To fund the low -to -moderate income (LMI) housing assistance, City public
improvements, and Developer's development activities, City shall certify to the
County prior to December 1 of each year, commencing December 1, 2016, its
request for the available Developer Tax Increments resulting from the
assessments imposed by the County as of January 1 of that year, to be collected
by City as taxes are paid during the following fiscal year and which shall
thereafter be disbursed to Developer on November 1 and May 1 of that fiscal
year. (Example: if City so certifies by December 2015, the Economic
Development Grants in respect thereof would be paid to Developer on November
1, 2016 and May 1, 2017.)
3.3 Economic Development Grants.
A. For and in consideration of Developer's obligations hereunder, and in
furtherance of the goals and objectives of the urban renewal plan for the Project
Area and the Urban Renewal Law, City agrees, subject to Developer being and
remaining in compliance with the terms of this Agreement, to reimburse
Developer for the actual cost of development activities as follows:
Fiber Optic Installation: Estimated at $189,000
B. Grants, not to exceed a total of $189,000 during the term of the
agreement, for development activities will be made as follows:
City shall certify to the County prior to December 1 of each year,
commencing December 1, 2016, its request for the available Developer
Tax Increments resulting from the assessments imposed by the County as
of January 1 of that year, to be collected by City as taxes are paid during
the following fiscal year and which shall thereafter be disbursed to
Developer on November 1 and May 1 of that fiscal year.
November 1, 2017: 25% of the remaining yearly increment after the
deduction of the 38.1% set-aside per Iowa Code §403.22 for low or
moderate income families including single person households, earning no
more than eighty percent of the higher of the median family income of the
county or the statewide nonmetropolitan area as determined by the latest
United States Department of Housing and Urban Development, Section 8
income guidelines (LMI Housing Assistance), but not to exceed the actual
expenditures by Developer for Development Activities.
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May 1, 2018: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2018: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
May 1, 2019: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2019: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
May 1, 2020: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2020: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
May 1, 2021: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2021: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
May 1, 2022: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2022: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
May 1, 2023: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2023: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
May 1, 2024: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2024: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
May 1, 2025: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2025: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
May 1, 2026: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2026: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
May 1, 2027: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2027: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
The foregoing grants will be made pursuant to Iowa Code §403.9 of the Urban
Renewal Law, in amounts equal to the actual amount of tax increment revenues
collected by City under Iowa Code §403.19 (without regard to any averaging that
may otherwise be utilized under Iowa Code §403.19 and excluding any interest
that may accrue thereon prior to payment to Developer) during the preceding six
(6) month period in respect of the Property and improvements constructed by
Developer (the Developer Tax Increments). Developer recognizes and agrees
that the Economic Development Grants shall be paid solely and only from the
incremental taxes collected by City in respect to the Property and improvements,
which does not include property taxes collected for the payment of bonds and
interest of each taxing district, and taxes for the regular and voter -approved
physical plant and equipment levy, instructional support levy, and any other
portion required to be excluded by Iowa law, and thus such incremental taxes will
not include all amounts paid by Developer as regular property taxes.
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C. To fund the Economic Development Grants, City shall certify to the
County prior to December 1 of each year, commencing December 1, 2016, its
request for the available Developer Tax Increments resulting from the
assessments imposed by the County as of January 1 of that year, to be collected
by City as taxes are paid during the following fiscal year and which shall
thereafter be disbursed to the Developer if Developer owns or leases the
Property and/or improvements thereon during the period such tax increment
revenues accrue, on November 1 and May 1 of that fiscal year. (Example: If City
so certifies by December 2015, the Economic Development Grants in respect
thereof would be paid to Developer on November 1, 2016 and May 1, 2017.)
D. The Economic Development Grants shall be payable from and secured
solely and only by the Developer Tax Increments paid to City that, upon receipt,
shall be deposited and held in a special account created for such purpose and
designated as the English Ridge TIF Account of City. City hereby covenants and
agrees to maintain its TIF ordinance in force during the term and to apply the
incremental taxes collected in respect of the Property and improvements and
allocated to the English Ridge TIF Account to pay the Economic Development
Grants, as and to the extent set forth in Section 3.3(A) hereof. The Economic
Development Grants shall not be payable in any manner by other tax increments
revenues or by general taxation or from any other City funds. City makes no
representation with respect to the amounts that may be paid to Developer as the
Economic Development Grants in any one year and under no circumstances
shall City in any manner be liable to Developer so long as City timely applies the
Developer Tax Increments actually collected and held in the English Ridge TIF
Account (regardless of the amounts thereof) to the payment of the Economic
Development Grants to Developer as and to the extent described in this Section.
City shall be free to use any and all tax increment revenues collected in respect
of other properties within the Project Area, or any available Developer Tax
Increments resulting from the termination of the annual Economic Development
Grants under Section 3.3 hereof, for any purpose for which such tax increment
revenues may lawfully be used pursuant to the provisions of the Urban Renewal
Law, and City shall have no obligations to Developer with respect to the use
thereof.
SECTION 4. NON- APPROPRIATION / LIMITED SOURCE OF FUNDING.
4.1 Non -Appropriation. Notwithstanding anything in this Agreement to the contrary,
the obligation of City to pay any installment of the Economic Development Grants from
the pledged tax increment revenues shall be an obligation limited to currently budgeted
funds, and not a general obligation or other indebtedness of City or a pledge of its full
faith and credit within the meaning of any constitutional or statutory debt limitation, and
shall be subject in all respects to the right of non -appropriation by the City Council of
City as provided in this Section. City may exercise its right of non -appropriation as to
the amount of the installments to be paid during any fiscal year during the term of this
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Agreement without causing a termination of this Agreement. The right of non -
appropriation shall be exercised only by resolution affirmatively declaring City's election
to non -appropriate funds otherwise required to be paid in the next fiscal year under this
Agreement.
In the event the City Council of City elects to not appropriate sufficient funds in the
budget for any future fiscal year for the payment in full of the installments on the
Economic Development Grant due and payable in that future fiscal year, then City shall
have no further obligation to Developer for the payment of any installments due in that
future fiscal year which cannot be paid with the funds then appropriated for that
purpose.
4.2 The right of non -appropriation reserved to City in this Section is intended by the
parties, and shall be construed at all times, so as to ensure that City's obligation to pay
future installments on the Economic Development Grants shall not constitute a legal
indebtedness of City within the meaning of any applicable constitutional or statutory
debt limitation prior to the adoption of a budget which appropriates funds for the
payment of that installment or amount. In the event that any of the provisions of this
Agreement are determined by a court of competent jurisdiction to create, or result in the
creation of, such a legal indebtedness of City, the enforcement of the said provision
shall be suspended, and the Agreement shall at all times be construed and applied in
such a manner as will preserve the foregoing intent of the parties, and no event of
default shall be deemed to have occurred as a result thereof. If any provision of this
Agreement or the application thereof to any circumstance is so suspended, the
suspension shall not affect other provisions of this Agreement which can be given effect
without the suspended provision, and to this end the provisions of this Agreement are
severable.
SECTION 5. COVENANTS OF DEVELOPER.
5.1 Books and Records. During the term of this Agreement, Developer shall keep at
all times proper books of record and account in which full, true, and correct entries will
be made of all dealings and transactions of or in relation to the business and affairs of
Developer in accordance with generally accepted accounting principles consistently
applied throughout the period involved, and Developer shall provide reasonable
protection against loss or damage to such books of record and account.
5.2 No Other Exemptions. During the term of this Agreement, Developer agrees not
to apply for any state or local property tax exemptions which are available with respect
to the Development Property or the improvements located thereon that may now be, or
hereafter become, available under state law or city ordinance during the term of this
Agreement, including those that arise under Iowa Code Chapters 404 and 427, as
amended.
5.3 Preservation of Development Property. During the term of this Agreement,
Developer shall maintain, preserve, and keep, or cause others to maintain, preserve,
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and keep, the improvements in good repair and working order, except for ordinary wear
and tear, and from time to time shall make all necessary repairs, replacements,
renewals, and additions. Nothing in this Agreement, however, shall be deemed to alter
any agreements between Developer or any other party including, without limitation, any
agreements between the parties regarding the care and maintenance of the
Development Property.
5.4 Non -Discrimination. In carrying out the Project, Developer shall not discriminate
against any employee or applicant for employment because of race, religion, color, sex,
sexual orientation, gender identity, national origin, age, or disability.
5.5 Conflict of Interest. Developer agrees that no member, officer, or employee of
City, or its designees or agents, nor any consultant or member of the governing body of
City, and no other public official of City who exercises or has exercised any functions or
responsibilities with respect to the Project during his or her tenure, or who is in a
position to participate in a decision-making process or gain insider information with
regard to the Project, shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with the
project, or in any activity, or benefit therefrom, which is part of this Project at any time
during or after such person's tenure. In connection with this obligation, Developer shall
have the right to rely upon the representations of any party with whom it does business
and shall not be obligated to perform any further examination into such party's
background.
5.6 Non -Transferability. Until such time as the improvements are complete this
Agreement may not be assigned by Developer nor may the Development Property be
transferred by Developer to another party without the prior written consent of City, which
shall not be unreasonably withheld. Thereafter, Developer shall have the right to assign
this Agreement and upon assumption of the Agreement by the assignee, Developer
shall no longer be responsible for its obligations under this Agreement.
5.7 Restrictions on Use. Developer agrees for itself, and its successors and assigns,
and every successor in interest to the Development Property or any part thereof that
they, and their respective successors and assigns, shall:
A. Devote the Development Property to, and only to and in accordance with,
the uses specified in the Urban Renewal Plan (and City represents and agrees
that use of the Development Property as a residential development is in full
compliance with the Urban Renewal Plan) (however, Developer shall not have
any liability to City to the extent that a successor in interest shall breach this
covenant and City shall seek enforcement of this covenant directly against the
party in breach of same); and
B. Not discriminate upon the basis of race, religion, color, sex, sexual
orientation, gender identity, national origin, age, or disability in the sale, lease,
rental, use, or occupancy of the Development Property or any improvements
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erected or to be erected thereon, or any part thereof (however, Developer shall
not have any liability to City to the extent that a successor in interest shall breach
this covenant and City shall seek enforcement of this covenant directly against
the party in breach of same).
5.8 Release and Indemnification Covenants.
A. Developer releases City and the governing body members, officers,
agents, servants, and employees thereof (hereinafter, for purposes of this
Section, the Indemnified Parties) from, covenants and agrees that the
Indemnified Parties shall not be liable for, and agree to indemnify, defend, and
hold harmless the Indemnified Parties against any loss or damage to property or
any injury to or death of any person occurring at or about or resulting from any
defect in the improvements.
B. Except for any gross negligence, willful misrepresentation, or any willful or
wanton misconduct or any unlawful act of the Indemnified Parties, Developer
agrees to protect and defend the Indemnified Parties, now or forever, and further
agrees to hold the Indemnified Parties harmless, from any claim, demand, suit,
action, or other proceedings whatsoever by any person or entity whatsoever
arising or purportedly arising from: (1) any violation of any agreement or
condition of this Agreement (except with respect to any suit, action, demand, or
other proceeding brought by Developer against City based on an alleged breach
of any representation, warranty, or covenant of City under this Agreement and/or
to enforce its rights under this Agreement); or (2) the acquisition, construction,
installation, ownership, and operation of the improvements; or (3) the condition
of the Development Property and any hazardous substance or environmental
contamination located in or on the Development Property, caused and occurring
after Developer takes possession of the Development Property.
C. The Indemnified Parties shall not be liable to Developer for any damage
or injury to the persons or property of Developer or its officers, agents, servants,
or employees or any other person who may be on, in or about the improvements
due to any act of negligence of any person, other than any act of negligence on
the part of any such Indemnified Party or its officers, agents, servants, or
employees.
D. All covenants, stipulations, promises, agreements, and obligations of City
contained herein shall be deemed to be the covenants, stipulations, promises,
agreements, and obligations of City, and not of any governing body member,
officer, agent, servant, or employee of City in their individual capacity thereof.
E. The provisions of this Section shall survive the termination of this
Agreement.
10
5.9 Compliance with Laws. Developer shall comply with all laws, rules, and
regulations relating to its businesses, other than laws, rules, and regulations for which
the failure to comply with or the sanctions and penalties resulting therefrom, would not
have a material adverse effect on the business, property, operations, financial, or
otherwise, of Developer.
SECTION 6. EVENTS OF DEFAULT AND REMEDIES.
6.1 Events of Default Defined. The following shall be Events of Default under this
Agreement and the term Event of Default shall mean, whenever it is used in this
Agreement, any one or more of the following events:
A. Failure by Developer to pay or cause to be paid, before delinquency, all
real property taxes assessed with respect to the improvements and the
Development Property. After the issuance of the Certificate of Completion,
however, such event shall not entitle City to the remedy provided in Section 6.2.
B. Failure by Developer to cause the construction of the improvements to be
commenced and completed pursuant to the terms, conditions, and limitations of
this Agreement.
C. Failure by Developer or City to substantially observe or perform any other
material covenant, condition, obligation, or agreement on its part to be observed
or performed under this Agreement.
6.2 Remedies on Default by Developer. Whenever any Event of Default referred to
in Section 6.1 of this Agreement occurs and is continuing, City, as specified below, may
take any one or more of the following actions after the giving of written notice by City to
Developer (and the holder of any mortgage encumbering any interest in the
Development Property of which City has been notified of in writing) of the Event of
Default, but only if the Event of Default has not been cured within sixty (60) days
following such notice, or if the Event of Default cannot be cured within sixty (60) days
and Developer does not provide assurances to City that the Event of Default will be
cured as soon as reasonably possible thereafter:
A. City may suspend its performance under this Agreement until it receives
assurances from the defaulting party, deemed adequate by City, that the
defaulting party will cure its default and continue its performance under this
Agreement;
B. City may take any action, including legal, equitable, or administrative
action, which may appear necessary or desirable to collect any payments due
under this Agreement or to enforce performance and observance of any
obligation, agreement, or covenant under this Agreement.
11
6.3 No Remedy Exclusive. Except as otherwise provided in this Agreement, no
remedy herein conferred upon or reserved to City is intended to be exclusive of any
other available remedy or remedies, but each and every such remedy shall be
cumulative and shall be in addition to every other remedy given under this Agreement
or now or hereafter existing at law or in equity or by statute. No delay or omission to
exercise any right or power accruing upon any default shall impair any such right or
power or shall be construed to be a waiver thereof, but any such right and power may
be exercised from time to time and as often as may be deemed expedient.
6.4 No Implied Waiver. In the event any agreement contained in this Agreement
should be breached by any party and thereafter waived by any other party, such waiver
shall be limited to the particular breach so waived and shall not be deemed to waive
any other concurrent, previous, or subsequent breach hereunder.
6.5 Agreement to Pay Attorneys' Fees and Expenses. If any action at law or in
equity, including an action for declaratory relief or arbitration, is brought to enforce or
interpret the provisions of this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs of litigation from the other party. Such
fees and costs of litigation may be set by the court in the trial of such action or by the
arbitrator, as the case may be, or may be enforced in a separate action brought for that
purpose. Such fees and costs of litigation shall be in addition to any other relief that
may be awarded.
6.6 Remedies on Default by City. If City defaults in the performance of this
Agreement, Developer may take any action, including legal, equitable, or administrative
action that may appear necessary or desirable to collect any payments due under this
Agreement, to recover expenses of Developer, or to enforce performance and
observance of any obligation, agreement, or covenant of City under this Agreement.
Developer may suspend their performance under this Agreement until they receive
assurances from City, deemed adequate by Developer, that City will cure its default and
continue its performance under this Agreement.
SECTION 7. GENERAL TERMS AND PROVISIONS.
7.1 Notices and Demands. Whenever this Agreement requires or permits any notice
or written request by one party to another, it shall be deemed to have been properly
given if and when delivered in person or three (3) business days after having been
deposited in any U.S. Postal Service and sent by registered or certified mail, postage
prepaid, addressed as follows:
If to Developer:
English Ridge, L.L.C.
Attn: Larry McDermott, Managing Member
14407 Hwy 20 W
Dubuque, IA 52003
With copy to: David Clemens
12
If to City:
With copy to:
Clemens, Walters, Conlon, & Meyer, L.L.P.
2080 Southpark Court
Dubuque, IA 52003
City of Dubuque
Attn: City Manager
50 W. 13th Street
Dubuque, Iowa 52001
City Attorney's Office
300 Main Street, Suite 330
Dubuque, IA 52001
13
or at such other address with respect to any party as that party may, from time to
time designate in writing and forward to the other as provided in this Section.
7.2 Binding Effect. This Agreement shall be binding upon and shall inure to the
benefit of City and Developer and their respective successors and assigns.
7.3 Termination Date. This Agreement and the rights and obligations of the parties
hereunder shall terminate on June 30, 2027 (the Termination Date) pursuant to Iowa
Code §403.22.
7.4 Execution by Facsimile or Email. The parties agree that this Agreement may
be transmitted among them by facsimile machine or email. The parties intend that the
faxed or scanned signatures constitute original signatures and that a faxed or
scanned Agreement containing the signatures (original, faxed, or scanned) of all
the parties is binding on the parties.
CITY OF D BUQUE, IOWA
ENGLISH RIDGE, L.L.C.
By: 0 By:
Roy D. Buoy Mayor Larry MCD-Wnott, Managing Member
By:
Kevin et. Firnstahl City Ierk
State of Iowa
ss:
County of Dubuque )
On this jrd day of Awu<12_ , 20 t(o, before me, a Notary Public in and
for said state, personally appeared Roy D. Buol, Mayor; Kevin S. Firnstahl, City Clerk;
and Larry McDermott, Managing Member to me known to be the person(s) named in
and who executed the foregoing instrument, and acknowledged that they executed the
same as their voluntary act and deed.
14
Ty Public in the State
My Commission expires: 64f 2q(2oti
Exhibit A Urban Renewal Plan
Exhibit B Plats
LIST OF EXHIBITS
15
EXHIBIT A
URBAN RENEWAL PLAN
English Ridge Housing Urban Renewal Area
City of Dubuque, Iowa
November 2015
16
TABLE OF CONTENTS
A. INTRODUCTION
B. DESCRIPTION OF THE URBAN RENEWAL AREA
C. DISTRICT DESIGNATION
D. BASE VALUE
E. DEVELOPMENT PLAN
F. RESIDENTIAL DEVELOPMENT
G. AREA OBJECTIVES
H. TYPE OF RENEWAL ACTIVITIES
I. PROPOSED PROJECT
J. FINANCIAL DATA
K. PROPERTY ACQUISITION/DISPOSITION
L RELOCATION
M. STATE AND LOCAL REQUIREMENTS
N. SEVERABILITY
0. URBAN RENEWAL PLAN AMENDENTS
P. EFFECTIVE PERIOD
ATTACHMENTS
17
A. INTRODUCTION
This Urban Renewal Plan for the English Ridge Housing Urban Renewal Area
("Plan" or "Urban Renewal Plan") has been developed to help local officials
promote economic development in the City of Dubuque ("City"). The primary
goal of the Plan is to stimulate, through public involvement and commitment,
private investment in new housing and residential development as defined by the
Iowa Code Section 403.17(12).
In order to achieve this objective, the City intends to undertake urban renewal
activities pursuant to the powers granted to it under Chapter 403 and Chapter
15A of the Code of Iowa, as amended.
B. DESCRIPTION OF THE URBAN RENEWAL AREA
The English Ridge Housing Urban Renewal Area ("Area" or "Urban Renewal
Area") is illustrated in Attachments A, B-1, and B-2 and described in Attachment
D.
The City reserves the right to modify the boundaries of the Area at some future
date.
C. DISTRICT DESIGNATION
With the adoption of this Plan, the City of Dubuque designates this Urban
Renewal Area as an economic development area that is appropriate for the
provision of public improvements related to housing and residential development.
D. BASE VALUE
If the English Ridge Housing Urban Renewal Area is legally established and debt
is certified prior to. December 1, 2015, the taxable valuation within the Urban
Renewal Area as of January 1, 2014, will be considered the "base valuation." If
debt is not certified untila later date, the "base value" will be the assessed value
of the taxable property in the Urban Renewal Area as of January 1 of the
calendar year preceding the calendar year in which the City first certifies the
amount of any debt.
18
E. DEVELOPMENT PLAN
The City Council has approved a general plan for the physical development of
the City as a whole, outlined in the 2012 City of Dubuque Comprehensive Plan
that was adopted by the City Council on February 6, 2012. The goals,
objectives, and projects in this Urban Renewal Plan are consistent with the City's
Comprehensive Plan.
The English Ridge Housing Urban Renewal Area is zoned: C-3 (General
Commercial) and R-1 (Single Family Residential). See Attachment E for details.
This Urban Renewal Plan does not in any way replace the City's current land use
planning or zoning regulation process.
For details on current and proposed land use, see attached land use maps,
Attachments B-1 and B-2.
F. RESIDENTIAL DEVELOPMENT
The City's objective in the English Ridge Housing Urban Renewal Area is to
promote new housing, and residential development.
When the City undertakes a project to provide or aid in the provision of public
improvements related to housing and residential development in an economic
development area, the City must assure that the project will include assistance
for LMI family housing. Unless a reduction is approved by the Iowa Economic
Development Authority, the amount to be provided for LMI housing shall be either
equal to or greater than the percentage of the original project cost that is equal to
the percentage of LMI residents for Dubuque County. LMI families are those
whose incomes do not exceed 80% of the median Dubuque County income. LMI
families include single person households.
The percentage of LMI families living in Dubuque County, as determined by the
U.S. Department of Housing and Urban Development using Section 8 guidelines
is currently 38.1 %. Not less than 38.1% of incremental revenues will be used by
the City to provide LMI family housing assistance.
The assistance for LMI family housing may be provided anywhere within the City
and may include, but is not limited to:
1. Lots for LMI housing within or outside the urban renewal area;
-4-
19
2. Construction of LMI housing within or outside the urban renewal area;
3. Grants, credits or other direct assistance to LMI families living within or
outside the urban renewal area, but within the area of operation of the
municipality;
4. Payments to a LMI housing fund established by the City to be expended
for one or more of the above purposes, including matching funds for any
state or federal moneys used for such purposes.
G. AREA OBJECTIVES
Renewal activities are designed to provide opportunities, incentives, and sites for
new residential development within the district and to provide housing assistance
to LMI families.
More specific objectives for development within the English Ridge Housing Urban
Renewal Area are as follows:
1. To alleviate and prevent conditions of unemployment and a shortage of
housing; and that it is accordingly necessary to assist and retain local
industries and commercial enterprises to strengthen and revitalize the
economy of the State of Iowa and the City of Dubuque.
2. To stimulate through public action and commitment, private investment in
new residential development.
3. To plan for and provide sufficient land for residential development in a
manner that is efficient from the standpoint of providing municipal
services:
4. To help finance the cost of water mains and fiber conduits and vaults, as
well as other public improvements in support of new housing
development,
5. To provide a more marketable and attractive investment climate.
6. To improve the housing conditions and housing opportunities for LMI
families.
20
H. TYPE OF RENEWAL ACTIVITIES
To meet the objectives of this Urban Renewal Plan and to encourage the
development of the Urban Renewal Area, the City intends to utilize the powers
conferred under Chapter 403 and Chapter 15A, Code of Iowa including, but not
limited to, tax increment financing. Activities may include:
1. To undertake and carry out urban renewal projects through the
execution of contracts and other instruments.
2. To arrange for or cause to be provided the construction of public
infrastructure including but not limited to water mains and fiber
conduits and vaults, or other public improvements in connection with
urban renewal projects.
3. To finance programs which will directly benefit housing conditions
and promote the availability of housing affordable to LMI persons in
the community.
4, To make loans, grants or rebates to private persons to promote
housing projects on such terms as may be determined by the City
Council
5. To borrow money and to provide security therefor.
6. To make or have made surveys and plans necessary for the
implementation of the urban renewal program or specific urban
renewal projects.
7. To use tax increment financing for a number of objectives, including
but not limited to, achieving a more marketable and competitive land
offering price and providing for necessary physical improvements
and infrastructure.
8. To use any or all other powers granted by the Urban Renewal Act to
develop and provide for improved economic conditions for the City of
Dubuque and the State of Iowa.
Nothing herein shall be construed as a limitation on the power of the City to
exercise any lawful power granted to the City under Chapter 15, Chapter
15A, Chapter 403, Chapter 4278, or any other provision of the Code of Iowa
in furtherance of the objectives of this Urban Renewal Plan.
-6-
21
L PROPOSED PROJECT
The first proposed urban renewal project involves the construction of public
infrastructure to serve ongoing and future development in a new 222 -lot
subdivision under development by Larry McDermott ("Developer"). Certain of the
public improvements are expected to be constructed by the Developer, with the
balance being constructed by the City. The expected public improvements and
their estimated costs are as follows:
Public Improvements Estimated Costs
Fiber conduit 8 vaults $214,313
Park $100,000
Water Main $178,750
Total $493,063
The City expects to provide assistance to the Developer in the form of property
tax rebates of potential incremental taxes, under the terms of a rebate agreement
between the City and the Developer. Under the proposal, some of the
incremental property tax generated from the new houses constructed within the
Urban Renewal Area pursuant to Iowa Code Section 403.19 is expected to be
rebated to the Developer (in an amount not to exceed the Developer's certified
costs of constructing certain of the required public improvements. or $189,000,
whichever is less, or such other amount as may be determined by the City
Council) for a period of time to be determined by the City Council. These rebates
will not be general obligations of the City, but will bepayable solely from
incremental property taxes generated by the project.
The City will set aside not less than the required LMI percentage (38.1°%) of the
incremental taxes generated by the project and use those funds to support LMI
family housing anywhere in the community. The remaining incremental taxes will
be available to the City to distribute in accordance with Iowa Code §403.19.
J. FINANCIAL DATA
1) July 1, 2015, Statutory debt limit: $196,031,074 (see Attachment C)
2) Outstanding general obligation debt for purposes of debt limit:
$169,455,634 (see Attachment C)
22
3) Proposed amount of indebtedness to be incurred: Although a specific
amount of indebtedness to be incurred in the Area has not yet been determined,
the estimated cost of constructing the public improvements for the new
subdivision is not expected to exceed $493,063. The LMI set-aside is not
expected to exceed $2,338,222. The City will respond to other development
opportunities as they arise, The total amount of tax increment to be used under
this Plan is expected to be approximately $6,326,066.
K. PROPERTY ACQUISITION/DISPOSITION
Other than easements and public right-of-ways, no property acquisition by the
City is anticipated at this time. However, if any property acquisition/disposition
becomes necessary to accomplish the objectives of the Plan, urban renewal
powers will be carried out, without limitation, in accordance with the State of lowa
Urban Renewal Law.
L. RELOCATION
The City does not expect there to be any relocation required of residents or
businesses as part of the proposed urban renewal projects; however, if any
relocation is necessary, the City will follow all applicable relocation requirements.
M. STATE AND LOCAL REQUIREMENTS
All provisions necessary to conform to State and local laws will be complied with
by the City in implementing this Urban Renewal Plan and its supporting
documents.
N. SEVERABILITY
In the event one or more provisions contained in this Urban Renewal Plan, as it
may be amended, shall be held for any reason to be invalid, illegal, unauthorized
or unenforceable in any respect, such invalidity, illegality, lack of authorization or
enforceability shall not affect any other provision of this Urban Renewal Plan, and
this Urban Renewal Plan shall be construed and implemented as if such
provisions had never been contained herein.
O. URBAN RENEWAL PLAN AMENDMENTS
This Urban Renewal Area Plan may be amended from time to time for a number
of reasons, including but not limited to, change in the area, to add or change land
-g-
23
use controls and regulations, to modify goals or types of renewal activities, or to
amend property acquisition and disposition provisions. The City Council may
amend this Plan pursuant to appropriate procedures under Iowa Code Chapter
403.
P. EFFECTIVE PERIOD
This Urban Renewal Plan will become effective upon its adoption by the City
Council and wit remain in effect until it is repealed by the City Council.
With respect to the property included within the English Ridge Housing Urban
Renewal Plan Area, which is also included in an ordinance which designates that
property as a tax increment area and is designated based on an economic
development finding, to provide or to assist in the provision of public
improvements related to housing and residential development, the use of
incremental property tax revenues or the "division of revenue," as those words
are used in Chapter 403 of the Code of Iowa, is limited to ten (10) years
beginning with the second fiscal year following the 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 incremental property tax revenues
attributable to that property within the English Ridge Housing Urban Renewal
Area. With consent of all other affected taxing bodies (by written agreement), the
use of incremental property tax revenues under Iowa Code Section 403.19 can
be extended for up to 5 years if necessary to adequately fund the housing
project.
At all times, the use of tax increment financing revenues (including the amountof
loans, advances, indebtedness or bonds which qualify for payment from the
division of revenue provided in Section 403.19 of the Code of Iowa) by the City
for activities carried out under the English Ridge Housing Urban Renewal Plan
shall be limited as deemed appropriate by the City Council and consistent with all
applicable provisions of law,
- 9 -
24
EXHIBIT B
25
PREPARED SY:
BLESING & ASSOCIATES. 1212 LOCUST ST., DIJBUOUE. IOWA 02901. PH: 158310004389
FINAL PLAT of
ENGLISH RIDGE SUBDIVISION
IN THE CITY OF DUBUQUE, IOWA
Comprised et The NW 1/4 NW 1/4 SEG 5; 48 51/2 DF 551/4 NW1/4 SEC
and LOT 1 011 1115 1/4 NE 1/4 SEC 5, 00014 R 2E, DUBUQUE 0051112, IOWA
HEEf 2 LEGEND L
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UNLESS OTHERWISE NOTED. 201002 EASEMENTS ARE POB
PUBLIC 8AI:14M'72SEWER. STORM SEWER, WATER Wee 01/
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INDEX OF SHEETS
1 TITLE SHEET
2-3 8148188088 00008020505
4-8 PLATTER LOTS
7 LOT LINE AND -CURVE DATA
8.10 SURVEYOR CERTIFICATES
NOTES:
1. ALL LENGTHS ARE thi DECIMAL ;EEO.
Z. PROPRIETOR.: 000303581030 1340
4440814WY 20 WEST, DUBUQUE. IA
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14457 H.WY 25 WEST. DUBUQUE: IA
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30
PREPARED BY: BUESINC, L ASSOCIATES. 1212 LOCUST ST., DUBUQUE.. IOWA
Cow.
1/'-SIr21.• won
( SECS. tOKA.
LOT 17
1153991
9.45'zr W
110.00'
LOT 10
1011251
n ` 0 8990'
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39.03'09.
3 K0r9 'n
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Cyt •
LOTO
10709 21
122.49'
LOT19
9553
Plt1 (5
050.530
HRETYS&URY TONE
1020
329055
1453.
LOT 13
021051
102553
SSN
LOT M
rl1IUAE0EVELOPME$2
31209c..
1359222 5(
5102.1001.055
SEE SHEF it 20a (MEMO CURVE MA TAMES
SCALE 24 FEET 1' a 1001
So
000
200
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ASSOCIATES INC.
ENCINSHFS AND SURITIVES
219. 5 cs�i sr. oust u< •
DRAWN tit 100 tCHECKED SY' 0100
SSA 1-
• 101 23.020016 01221,92
0000020
sy
00014196 0795951 • T
31
02EET
60010
PREFAAEO 87': 8UESING & ASSOCIATES 1212 LOCUST S T,. 0505001E 10WA 52001 PH: {0011555-4789
107 LINE DATA TABLE
5510 BEARING DISTANCE
L1 N 8970867' E 60.01'
5 64'55'21' E 60.21'
L3 5 455201' W 114.01'
14 5 44715'30" E 14.25'
S 823301' 0/ { 60.
LO
5 0971452' w 60.01'
L7
9 59'40'20" W 14.44'
15
N 25719'32" 47 50.02
L9
5 30'19'32" E 114:14'
110
5 85'23'51' E 10.17'
1.11
S 5871039" W 15.09'
L12
N 84'5741" E 56.00'
113
N 31.59'22' W 5:23.75'
L14 9 224627" E 5,59'
114 5 21772077 W 121.01'
L16 14 66729067 W 44.72
L17 5 61 E 61,31'
LIB W 14.23'
119 14 9"2322 E 5273'
L20N 19'2322' E 130.10'
121 S- 19.2312` W 153.97
122 S 1223'22' W
.30.08'
123 N 19'2342" E
53.09'
024 S 19'93'22' W
50.06'
125 5 58'0025 E
23:x5'
L26
S 8971707'
5561'
027
N 33'59'35' W
24.95'
L213
9 0214'337 E
12,9
3 44.39'01" W
14.29'
730
N 00719337
50.01'
Lit 5 33'1001' E. 139.10'
L32 5 402269' E .14.001
4,33 5 1530'01' W
434 15'30'01' W
135 S 12529'15
16.56'
5097'
130
5 89'4110' E.
5 51'45'077 w
29.19'
L30
5.31'49'20" E
24.94'
L39
N 86'34'10' E
S 5510'38' W
24,141
5 2.•4507" W 55.00'
L42
5 21745'07" W
20.02
N: 24'45'07' E
55.00'
L44
N 31.4207' E
2,02
145
5 01-4507' 5
55507
146
5 21.4507' w
20.00'
047
5 21"4207" W
55.00'
L48
S 21745.07' W
2050'
L49
5 21'45'00" 'W
69512
L50
5 21240077 w
2000
L51
152
143
154
5 21'42
5502
5 21'45'07' W
54.77•'
S 31.43'27 E.
23.75'
N 50'3
54.01'
155- N 351536" 5
24.19
156
3 21'45'01" W'
55.00'
L57
5 21'45'0
20.00'
056
N 2124207" E
56:00'
159
5 217420, W 30.00'
5 21'45'07' W 155.60
161
5.2174007' W
0.
L62
N 21'45'07 E 155.00'
L63
5.2174907" W 12000'
Lea
N. 0.9-71.12 W 19.49
LOT CURVE DATA TABLE
CURVE
DELTA
.2125111
RADIUS
ITAN2ENT
CHORD
CHORD 00114105.
01
02
3073245'
26'94'31'
170,89'
15753'
33550'
33500'
9063'
0034'
176.77'
155.09'
N 74'23'17' W
5 45738'09' E
C3
C4
43'08'39'
57'3216'
297.44'
390.44'
39520'
395,00'
15017'
216.72'
29056'
35051'
5 53"4513' E
5 60'56'07' W
05
4310239-
272.26'
355.00'
13540'
246.34'
5 53-4598' 0
C6
I07
0374740'
5675029'
1351'
200.70
21605
210.02
6.95'
113.08'
1351'
20425'
S 2373257' W
5 54'01'02" W
CO
09'59'00'
57,02
330.00'
28,82'
57.43'
5 4219'02' E
910
4204997
53.0746'
.47.46'
1055'
270.02
20.00'
23,79'
10.00'
47.40'
17.89'
N 54'21'41` W
S 04748.47 E
C11
012
75730'55'
67'3253-
7249'
54.91'
55.0ff
55.00'
4560'
3853'
4736'
61.22
5 06722'46' 6
N 77'56270' E
513
014
0073342'
74.34107"
65.61'
7152
55.02.
5550'
37.49'
40.87
61.96'
6503'
5 3759027 E
S 373552' W
CIS
01'
53707'43'
10525'297
14,55'
10.10
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10052
1050'
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1799'
5 48719'017- W
E
017
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11,77
1432
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15000'
589
720
76'
30'
5 03736'537 E
5 1932317 W
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Recorded: 08/27/2014 at 03:13:40 P11
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Final Plat of:
NGLISH RIDGE SUBDIVISION NO. 4
FY OF DUBUQUE, DUBUQUE COUNTY, IOWA. S'
ENGLISH RIDGE SUBDIVISION NO. 3, IN THE CITY OF DURUOUE, DUBUQUE COUNTY, IOWA.
ISOM
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DATE
REVISIONS , DRAWN 8Y:
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ENGLISH RIDGE "U801VISIOPI N0. 4
PREPARE) FOR: ENGLISH RIM...
sja L41 MCO2.610
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5/28/14
5/30/14 ; TPL
SCALE:
CHECKED BY;
SEE DAR SCALE
I FIN
39
Pogo 2014
1144004E2 001 00EE00 & 004001204S
4002400: 1212 LOCUST SERER, 000112110, 104(0 52001
PHONE: (500) 556-4289
0.40.112DR-Ib
SHEET TITLE
PROJECT N0. 12255
Final Plat of:
ENGLISH RIDGE SUBDIV1510N N0. 4
PREPARED FOR: ENMSR MODE LLC
a/a LARRY RICCER0OTi
14401 RYE 20 'ESP
DU6000E. IA 52003
40
DATE I REVISIONS f DRAM BY:
UESlNG
0421242006 0010 01,11,170)2,SCALE: CHECKED 801
n STALL' u'-4w°No"¢ SEEJL SCALE' TIK
L e um er: 2t114-UUdUti0SJU Seq: 2
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Page 3 of 4
Sheet 3 of 4
Surveyor's Certificate
I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that
the following real estate was surveyed and platted by me or under my direct personal
supervision, To Wit:
Lot E of English Ridge Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa.
This survey was performed for the purpose of subdividing and platting said real estate
henceforth to be known as ENGLISH RIDGE SUBDIVISION NO. 4 in the City of Dubuque,
Dubuque County, Iowa. The Total area of ENGLISH RIDGE SUBDIVISION NO. 4 is 18.211
acres. All Lot areas are more or less and all Lots are subject to easements, reservations,
restrictions, and rights-of-way of record and not of record, the plat of which is attached hereto
and made a part of this certificate.
I hereby certify that this land surveying document was prepared and the related survey work
was performed by me or under my direct personal supervision and that I am a duly licensed
Land Surveyor under the laws of the State of Iowa.
Terry L. Koelker
Licensed Land Surveyor
License No. 15487
Date
License Renewal Date 12/31/15
Owner's Consent
Dubuque, Iowa , 2014
The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION NO. 4, is made with the free
consent and in accordance with the desires of the undersigned owners and proprietors of said
real estate.
State of Iowa
County of Dubuque ) ss:
On this day of , AD 2014, before me, the undersigned, A
Notary Public in and for the S to of Iowa, personally appeared Larry E. McDermott, a Partner
of English Ridge LLC, to me personally known, who being by me duly swom, did say that he is
a Partner of said Corporation, that no seal has been procured by the said Corporation that said
instrument was signed on behalf of said Corporation by authority of its Board of Directors; and
that said Lary E. McDermott, a Partner of English Ridge LLC, acknowledged the execution of
said instrument to be the voluntary act and deed of sald Corporation by it and by him voluntarily
executed.
English Ridge, LLC
Witness my hand and Notarial Seal on the date above written
41
ublic and to a of Iowa•
t'nI/145
ithe rim 7 /ei1e1i
File Number: 2014-00006890 Seq: 3
Page 4 0 4
City of Dubuque Planning Services
Dubuque, Iowa
Sheet 4 of 4
C� Z , 2014
The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION NO. 4, was reviewed and
approved by the City of Dubuque Planning Services Department on the date first written above.
Planning Services Department
By:
City Planner of the City of Dubuque, IA
City Assessor's Certificate
Dubuque, Iowa 3/42' 2014
The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION NO. 4, was entered of record in
the Office of the City Assessor of the County of Dubuque, Iowa, on the date first written above,
City Assessor of the County'of Dubuque, Iowa
COUNTY AUDITOR
Dubuque, Iowa ,� a 9-}? 2014
The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION NO. 4, was entered of record in
the office of the Dubuque County Auditor this 'i• day of ,,Hr 2014.
We approve of the subdivision name or title to be recorded.
•
County Auditor of Duburfuea (ow
Recorder's Certificate
Dubuque, Iowa (44d4,4_, 2014
The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION NO. 4, has been reviewed by the
Dubuque County Recorder.
� r ubua corder P�rJ
Dq Courtly Recorder
42
File Number: 2014.00006890 Seq: 4
PREPARED att AL.SAm k n
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18111111111111111011111111
Doo ID: 006073690004 Type: DER
Klnd: SURVEY Put
Recorded:
08/10/2014
I]:12 DC
Foe Amt: 122.000 1 of 4
Dubuque
4FunnP1tyl6660lTury
Recorder
F21e2014-00009028
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PROTECT N0. 13260
PREPARED FOR: ERCOSH RIOGE LLC l U ESIINNG
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CHECKED BY:
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44
Sheet 3 of 4
Surveyor's Certificate
I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that
the following real estate was surveyed and platted by me or under my direct personal
supervision, To Wit:
Lot A of English Ridge Subdivision No. 4 in the City of Dubuque, Dubuque County, Iowa.
This survey was performed for the purpose of subdividing and platting said real estate
henceforth to be known as ENGLISH RIDGE SUBDIVISION NO. 5 in the City of Dubuque,
Dubuque County, Iowa. The Total area of ENGLISH RIDGE SUBDIVISION NO. 5 is 18.009
acres. All Lot areas are more or less and all Lots are subject to easements, reservations,
restrictions, and rights-of-way of record and not of record, the plat of which is attached hereto
and made a part of this certificate.
I hereby certify that this land surveying document was prepared and the related survey work
was performed by me or under my direct personal supervision and that I am a duly licensed
Land Surveyor under the laws of the State of Iowa.
Terry L. Koelker
Licensed Land Surveyor
License No. 15487
7/e// r/
Date
License Renewal Date 12/31/15
Owner's Consent
Dubuque, lowa D -/ 2014
The foregoing Final Plat oh ENGLISH RIDGE SUBDIVISION NO. 5, is made with the free
consent and in accordance with the desires of the undersigned owners and proprietors of said
real estate.
English Ridge, LLC
ermott, Partner
State of Iowa )
County of Dubuque ) ss:
On this 75 day of /titgu VI— AD 2014, before me, the undersigned, A
Notary Public in and for the State of (Swa, personally appeared Larry E. McDermott, a Partner of
English Ridge LLC, to me personally known, who being by me duly sworn, did say that he is a
Partner of said Corporation, that no seal has been procured by the said Corporation that said
instrument was signed on behalf of said Corporation by authority of its Board of Directors; and
that said Larry E. McDermott, a Partner of English Ridge LLC, acknowledged the execution of
said instrument to be the voluntary act and deed of said Corporation by it and by him voluntarily
executed.
Witness my hand and Notarial Seal on the date above written.
414/7 >�
Notary Public in and for he Sta of
HERBERT W. DOLPHIN
Commisslon Number 739928
My Comm. Exp,
45
Sheet 4 of 4
City of Dubuque Planning Services
Dubuque, Iowa At . 1e, 2014
The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION NO. 5, was reviewed and
approved by the City of Dubuque Planning Services Department on the date first written above.
Planning Services Department
By: 712.x
City Planner of the City of Dubu ue, IA
City Assessors Certificate
Dubuque, Iowa g- g 2014
The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION NO, 5, was entered of record in
the Office of the City Assessor of the County of Dubuque, Iowa, on the date first written above.
City Assessor County Dubuq
COUNTY AUDITOR
Dubuque, Iowa
The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION N
the office of the Dubuque County Auditor this day of
We approve of the subdivision name or title to be recorded.
Dubuque, lowa
Recorder's Certificate
The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION NO, 5, has been reviewed by the
Dubuque County Recorder.
_ :e Gra, 2014
our c7;64.4��nJ
Dubuqu Cour* Recorder
46
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Page 1 of 3
Fim•AREO 3e BUM0 a ASA2011)
I� �1��IIIII IY�IAI�I(�IIA1471�II�IIII
Doc ID: 007223070003 Type: GEN
Kind: SURVEY PLAT
Recorded: 12/01/2011 at 12:28:57 PM
Fee Amt: 317.00 Pape 1 of 3
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
11e2011-00018300
212 180051 1100'E. 00800)0. 085 5200)
MOMS (5R3)
00 -429
Plat of Survey of:
ENGLISH RIDGE PLACE No.1
IN THE CITY OF DUBUQUE, IOWA.
Comprised of: LOT 1 AND LOT 2 OF BLOCK 1 OF ENGLISH RIDGE SUBDIVISION IN THE NW1/4 OF SECTION 5 IN THE
CITY OF DUBUQUE IN T88N, 820. (TABLE MOUND TOP.), OF THE 511-1 P.M., DUBUQUE COUNTY, IOWA
NO)0,
LOT I AND LOT 2 OF BLDO2 ) OF ENUU9)
a0GE 010010400 IN TINE NW1/4. IK SECTOR
5, TORN, RDE, (TABLE NORM TMP.), OF THE)
STN P.M., 000000E COUNTY, IOWA
CENTERLINE 90'/
PIPELINE EASEMENT
INSTRUMENT NO 20090002399 /
/10' UTILITY`
/ EASEMENT/
LOT 3
BLOCK 1
ENGLISH RIDGE
500010000
/ LOT 9
BLOCK 1
/ ENGLISH RIDGE
SUBDIVISION
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LNC TTSMCCE EASEMENT
sors ,
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BLOCK 2
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UNE
BEARING
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10.17'
12
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CURVE
DELTA
RADIUS
TANGENT
CHORD
CH0R1 BEARING
CT
1000459'
47.46'
270.00'
23.70'
47.40'
H 80'21'41` W
LEGEND
SPY 0500D (FOND)
(CAPPED, •1598x, ORANGE)
SURVEY BOUNDARY
PASTING PROPERTY 189E
-- — -- FORMER PROPERTY UNE
( ROVt ) RECORD8082
0000
MONT OF VAT
10 SOARS FEET
MMES & PROPRIETOR:
LOT) AND LOT 2 Or BLOCK 1 N mann MODE 04801050)215
KLAN CONSTRUCTION COMPANY
R0
0' 25' 50'
211L2
MEASUREMENTS ARE N1 FEET AND 0Er
2. 1q5 PIAT IS SUBJECT TO ALL EASEMENTS
3. ALL EASEMENTS 940MN 101 DOS PLAT ARE EXISTING £ASEME 415 0)00110 1
INSTRUMENT NO 2009-0002218
1 HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
E!) SURVEY WWI( WAS
OR
0)1208 PREPARED0 DIRECT PERSONAA. SUPERVISION AND THAT O IAM AT BY E
DULY
D 02 UNDER RIE AS OF. THE STATE OF IOWA.
(OA
NUMBER 10487
LICENSE RENEWAL DATE IS DEOBAO£R 3). 2013
SHEETS COVERED BY THIS SEAL : SHEETS I & 2
SHEET TRE I PROJECT 1 N0. 07054
0100 00 FO:
1c33) 5015)046500 CLAMANT
2 MOLD MON
TOMO Hamm LN
MOM, M SAID
PLAT OF SURVEY
Et MANG
am ma. EMAIX
DATE
RE0510NS
DRAWN BY:
11/29/11
NxL
SCALE:
CHECKED BY:
50'
File NumberliW00018300 Seq: 1
49
Page 2003
Surveyor's Certificate
Sheet 2 of 3
I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the
following real estate was surveyed and platted by me or under my direct personal supervision, To
Wit:
Lot 1 and Lot 2 of Block 1 of English Ridge Subdivision in the NW1/4 of Section 5 in the City of
Dubuque, T88N, R2E (Table Mound TWP) of the 5'h P.M., Dubuque County, Iowa.
This survey was performed for the purpose of subdividing and platting said real estate henceforth to
be known as ENGLISH RIDGE PLACE No. 1 in the City of Dubuque, Dubuque County, Iowa. Total
area of LOT 1 ENGLISH RIDGE PLACE No. 1 is 19,521 square feet. All Lot areas are more or less
and all Lots are subject to easements, reservations, restrictions, and rights-of-way of record and not
of record, the plat of which is attached hereto and made a part of this certificate.
I hereby certify that this land surveying document was prepared and the related survey work was
performed by me or under my direct personal supervision and that I am a duly licensed Land
Surveyor
under the taws
of the State of Iowa,
Terry L.1toe' Iker
Licensed Land Surveyor
License No. 15487
l//2R/1/
Date
License Renewal Date: 12/31/11
Owner's Consent
Dubuque, lowa / �dc. 2011
The foregoing Plat of Survey of: ENGLISH RIDGE PLACE No. 1 in the City of Dubuque, Dubuque
County, Iowa is made with the free consent and in accordance with the desires of the undersigned
owners and proprietors of Lot 1 and 2 of Block 1 of English Ridge Subdivision in NW1/4, Section 5 in
the City of Dubuque, T88N, R2E (Table Mound TWP) of the 5'h P.M., Dubuque County, Iowa.
Nein Construction Company
Ronald Klein, President
State of Iowa )
County of Dubuque ) ss:
On this day of TAT•aeol /3, , AD 2011, before me the undersigned, A Notary
Public in and for the State of Iowa, personally appeared Ronald Klein to me personally known, who,
being duly swom did say that said Ronald Klein, is the President o f Klein Construction Company,
that the seal affixed to the above instrument was signed and sealed on behalf of said Corporation by
authority of its Board of Directors, and that said Ronald Klein, is the President and acknowledged the
execution of said instrument to be the voluntary act and deed of said Corporation by it voluntarily,
executed.
Witness my hand and Notarial Seal on the date aba,written.
Notary Public in and for the State. to
,vY4''Kt
1y'111,111„
50
File Number: 2011.00018300 Seq: 2
Page 3 of 3
Sheet 3 of 3
City of Dubuque Planning Services
Dubuque, Iowa (cc.. 1 2011
The foregoing Plat of Survey of: ENGLISH RIDGE PLACE No. 1 in the City of Dubuque, Iowa was
reviewed and approved by the City of Dubuque Planning Services on the date first written above.
Planning Services Deprtment
By:
Laura Carstens, City Planner
City of Dubuque, IA
City Assessors Certificate
Dubuque, Iowa /a - / 2011
The foregoing Plat of Survey of: ENGLISH RIDGE PLACE No. 1 in the City of Dubuque, Iowa was
entered of record in the Office of the City Assessor of the City of Dubuque, Iowa, on the date first
written above.
Richard A. Engelken
City of Dubuque, IA
County Auditor
Dubuque, Iowa ,201t
The foregoing plat was entered of record in the office of the Dubuque Cauityud(zrrtllts i qday
of Pec , 2011.
We approve of the subdivision name or title to be recorded.
Dubuque, Iowa
Denise M. Dolan
Counfv Auditor of Du
Recorder's Certificate
C. (5t ,2011
The foregoing Plat of Survey of: ENGLISH RIDGE PLACE Ne. 1 in the City of Dubuque, Dubuque
County, Iowa, has been reviewed by the Dubuque County Recorder.
Kathy Flynn Thurlow
Dubuque County Recorder
b�1C uk td j 1GC
51
File Number: 2011-00018300 Seq: 3
RESOLUTION NO. 40-16
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND
ENGLISH RIDGE, L.L.C. FOR THE DEVELOPMENT OF PROPERTY IN THE ENGLISH
RIDGE HOUSING URBAN RENEWAL AREA
Whereas, the City Council, by Resolution No. 348-15, dated October 5, 2015,
declared its intent to establish the English Ridge Housing Urban Renewal Area; and
Whereas, pursuant to published notice, a public hearing was held on the intent to
establish the English Ridge Housing Urban Renewal Area on November 2, 2015 at 6:30
p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa; and
Whereas, the City Council, following the public hearing, by Resolution No. 380-15,
approved the English Ridge Housing Urban Renewal Area; and
Whereas, English Ridge, L.L.C. is the owner of property in the English Ridge Housing
Urban Renewal Area (the Property); and
Whereas, the City Council and English Ridge, L.L.C. desire to enter into the
Development Agreement attached hereto for the development of the Property; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement according to the terms and conditions set out in the Development
Agreement is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement by and between the City of Dubuque
and English Ridge, L.L.C. is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the
Development Agreement on behalf of the City and City Clerk is authorized and directed
to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Development Agreement as herein approved.
PASSED, APPROVED, AND ADOPTED this 15th day of Februa ,
d
j
Roy D. Buo7Mayor
ATTEST:
Kevin Firnstahl, City Clerk
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 40-16 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 25th day of March, 2016.
Kevi '- S. Firnstahf, C , City Clerk