Assignment of Stormwater Facilities Fee Agreement for the Northwest Arterial Detention BasinCity of Dubuque
City Council
CONSENT ITEMS # 5.
Copyrighted
May 5, 2025
ITEM TITLE: Assignment of Stormwater Facilities Fee Agreement for the
Northwest Arterial Detention Basin for Lot 2 of Holliday
Fourth Addition to Dubuque Hotel LLC
SUMMARY: City Manager recommending City Council approval of an
Assignment of the Stormwater Facilities Fee Agreement
between the City and QHQ Properties to Dubuque Hotel LLC
for Lot 2 of Holliday Fourth Addition.
RESOLUTION Consenting To The Assignment Of The
Stormwater Facilities Fee Agreement Between The City Of
Dubuque And QHQ Properties For The Northwest Arterial
Detention Basin To Dubuque Hotel LLC
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. Staff Memo Stormwater Agreement _ 04092025
3. Resolution Fee Agreement_04092025
4. Assignment
Page 106 of 326
Dubuque
THE CITY OF
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Assignment of Stormwater Facilities Fee Agreement for the Northwest
Arterial Detention Basin for Lot 2 of Holliday Fourth Addition to Dubuque
Hotel LLC
DATE: April 30, 2025
Senior Counsel Barry Lindahl is recommending City Council approval of an Assignment
of the Stormwater Facilities Fee Agreement between the City and QHQ Properties to
Dubuque Hotel LLC for Lot 2 of Holliday Fourth Addition.
In 2004, the Stormwater Facilities Fee Agreement was assigned to the purchaser of Lot
2 of Holliday Fourth Addition, AHIP IA Dubuque Properties, LLC. AHIP IA Dubuque
Properties LLC is now selling Lot 2 of Holliday Fourth Addition to Dubuque Hotel LLC
and has requested City consent to the assignment of the Fee Agreement to Dubuque
Hotel LLC.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
Gus Psihoyos, City Engineer
Jenny Larson, Chief Financial Officer
Page 107 of 326
Dubuque
THE CITY OF
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BARRY A. LINDAHL, S
SENIOR COUNSEL
MEMO
To: Michael C. Van Milligen
City Manager
DATE: April 21, 2025
RE: Assignment of Stormwater Facilities Fee Agreement for the Northwest
Arterial Detention Basin for Lot 2 of Holliday Fourth Addition to
Dubuque hotel LLC
The purpose of this memo is to recommend City Council consent to an assignment
of the Stormwater Facilities Fee Agreement between the City and QHQ Properties
to Dubuque Hotel LLC for Lot 2 of Holliday Fourth Addition.
Holliday Fourth Addition is a commercially zoned development that includes the
extension of Holliday Drive to the south from Asbury Road west of the Northwest
Arterial. Because the development exceeds one acre, stormwater detention was
required. The site is directly north of the Northwest Arterial Detention Basin and all
drainage from the site flows to that detention basin. The Northwest Arterial
Detention Facility has been functional since 2002.
To meet the detention basin requirements, the Developer, QHQ Properties (QHQ),
was granted permission to use the Northwest Arterial Detention Facility instead of
constructing a new detention basin of its own.
In June of 2004, the City Council approved the Stormwater Facilities Fee
Agreement (the Fee Agreement) with QHQ for use of the Northwest Arterial
Detention Facility. The basic premise of the Fee Agreement is that the City will
provide detention service and QHQ will reimburse the City for the cost of the
service.
Under the Agreement, the City received a one-time payment of $62,250 from QHQ.
In addition, the City receives an annual maintenance fee that escalates by 2.5%
each year. The Agreement allowed QHQ to assign its interest in the Fee
Agreement with the City's consent with the sale of each parcel subject to the Fee
Agreement.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Page 108 of 326
The City Council has previously consented to several assignments of the
Stormwater Facilities Fee Agreement to purchasers of parcels in Holiday Fourth
Addition.
In 2004 the Stormwater Facilities Fee Agreement was assigned to the purchaser
of Lot 2 of Holiday Fourth Addition, AHIP IA Dubuque Properties LLC. AHIP IA
Dubuque Properties LLC is now selling Lot 2 of Holiday Fourth Addition to
Dubuque Hotel LLC and has requested City consent to the assignment of the Fee
Agreement to Dubuque Hotel LLC.
I recommend that the attached Assignment of Storm Water Facilities Fee
Agreement be submitted to the City Council for consideration and consent.
BAL:JLM
Attachments
cc: Crenna Brumwell, City Attorney
Gus Psihoyos, City Engineer
Jenny Larson, Chief Financial Officer
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-10401 EMAIL tsteckle@cityofdubuque.org
Page 109 of 326
Prepared by Barry A. Lindal Esq. 300 Main St., Ste. 330 Dubuque IA 52001-6944 (563) 583-4113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131" St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 149 - 25
CONSENTING TO THE ASSIGNMENT OF THE STORMWATER FACILITIES FEE
AGREEMENT BETWEEN THE CITY OF DUBUQUE AND QHQ PROPERTIES FOR
THE NORTHWEST ARTERIAL DETENTION BASIN TO DUBUQUE HOTEL LLC
WHEREAS, in 2004, the City Council approved the Stormwater Facilities Fee
Agreement (the Fee Agreement) with QHQ LLC (QHQ) for property in the Holiday Fourth
Addition for the Northwest Arterial Detention Basin pursuant to which the City receives
an annual maintenance fee for the Northwest Arterial Detention Basin; and
WHEREAS, the Agreement allows QHQ to assign its interest in the Fee
Agreement with the City's consent with the sale of each parcel in Holiday Fourth Addition
subject to the Fee Agreement; and
WHEREAS, the Fee Agreement was previously assigned to the purchaser of Lot
2 of Holiday Fourth Addition, AHIP IA Dubuque Properties LLC; and
WHEREAS, AHIP IA Dubuque Properties LLC is now selling Lot 2 of Holiday
Fourth Addition to Dubuque Hotel LLC and has requested City consent to the Assignment
of the Fee Agreement, attached hereto, to Dubuque Hotel LLC; and
WHEREAS, the City Council finds that it is in the best interests of the City of
Dubuque to consent to the Assignment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA THAT:
Section 1. The Assignment of the Fee Agreement attached hereto is hereby
approved.
Section 2. The City Manager is authorized and directed to take such action as is
necessary to carry out the terms of the Assignment.
Passed, approved, and adopted this 5th of May, 2025.
i
�.•�avanagh,Mayor
Attest:
Adrienne N. Breitfelder, City Cler
Doc ID: 011354890005 Type: GEN
Kind: AGREEMENT
Recorded: 05/09/2025 at 02:35:01 PM
Fee Amt: $27.00 Paqe 1 of 5
Dubuque County Iowa
Karol Kennedy Recorder
File2025-00004701
PREPARED BY:
Snell & Wilmer L.L.P.
One East Washington Street, Suite 2700
Phoenix, AZ 85004
Attention: Ryan Konsdorf
AFTER RECORDING RETURN TO:
Snell & Wilmer L.L.P.
One East Washington Street, Suite 2700
Phoenix, AZ 85004
Attention: Ryan Konsdorf
ASSIGNMENT OF STORM WATER FACILITIES FEE AGREEMENT
AND
CONSENT TO ASSIGNMENT BY THE CITY OF DUBUQUE
This Assignment of Storm Water Facilities Fee Agreement is dated for reference
purposes the 141 day of A p}� j��, , 2025.
WHEREAS, AHIP IA Dubuque Properties LLC, a Delaware limited liability
company ("AHIP") is the partial Successor in Interest in and to that certain City of Dubuque
Storm Water Facilities Fee Agreement (the "Agreement"), a copy of which was recorded as
Instrument No. 10046-04, records of the Dubuque County Recorder with respect to the real
estate described as follows:
Lot 2 of Holliday Fourth Addition (the "Real Estate")
WHEREAS, AHIP has sold and/or will sell the Real Estate to Dubuque Hotel LLC,
an Iowa limited liability company, or its respective assignee/nominee which takes fee title to
the Real Estate ("Buyer"); and
WHEREAS, AHIP desires to assign its interest in the Agreement to Buyer, as
provided herein.
4921-3146-3706
0 DN City Clerk 2100
NOW, THEREFORE, in consideration of the terms, conditions, covenants and
performances contained herein, the parties agree as follows:
SECTION 1. Subject to the consent of the City of Dubuque (the "City"), AHIP hereby
assigns its interest in the Agreement related to the Real Estate to Buyer effective as of the date
the Real Estate is conveyed to Buyer.
SECTION 2. Commencing January 1, 2026 and January 1 of each year thereafter, Buyer
(with respect to the Real Estate) shall pay the annual detention basin and drainage channel
maintenance fee for the maintenance of the Northwest Arterial Detention Basin and Drainage
Channel, all in accordance with the Agreement. The parties acknowledge that the annual fee for
2026 is $702.96 and for each year thereafter shall be calculated by adding 2.5% to the fee for the
previous year fee for each respective parcel of real estate which totals 2.212 acres in area.
SECTION 3. Annual fees shall be paid by the respective parties hereunder to the City by
not later than January 31 of each year. In the event that the annual fee is not paid by January 31
for the year when it is due, the parties agree that City shall have the right to assess the fee against
the respective property for collection in the same manner as the property tax.
SECTION 4. Buyer hereby assumes all responsibilities required under the Agreement
with respect to the Real Estate.
SECTION 5. The Agreement and this Assignment shall be binding on the parties and
their successors, heirs and assigns.
[signatures on following pages]
2
4921-3146-3706
IN WITNESS WHEREOF, the parties executed the foregoing as of the date here first
above written.
AHIP:
AHIP IA DUBUQUE PROPERTIES LLC,
a Delaware limited liability company
By:
Name: Jo an Korol
Title: Authorized Signatory
;fit � .N to�A
STATE OF -'WF )
) ss.
County of q )
The foregoing instrument was acknowledged before me this o23 day of
ANI t , 2025, by Jonathan Korol, Authorized Signatory of AHIP IA DUBUQUE
PROPERTIES LLC, a Delaware limited liability company, for and on behalf of the company.
Notary Public
My Commission Expires: as
SHED Ey R JACKSON
Notary Public - Arfzom
Commission N eogo 6
My Comm. Exp. July 28. n25
4921-3146-3706
BUYER:
Dubuque Hotel LLC,
an Iowa limited liability company
By: `_—
Name: iU NV,,k ti
Its: 2 res IN
STATE OF 1VT)
ss.
County of "4eillAe)
The foregoing instrum nt was acknowledged before
2025, by Ct /IAj PA kC,_, the _
Dubuque iotel LLC, an Iowa limited liability conjpff y� and on b
Public
My Commission Expires: (� O
me this 1 day of
of
of the company.
CARMEN SOSTRE
Notary Public
State of Wisconsin
4
4921-3146-3706
CONSENT TO ASSIGNMENT
The City of Dubuque hereby consents to the foregoing Assignment.
THE CITY OF DUBUQUE, IOWA
By:
Printed Nam &C"A M, Cavan'\c�h
Title: May Q f
4921-3146-3706