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Approving the Consent to Assignment in the Development Agreement with CARich Properties, LLCCity of Dubuque City Council CONSENT ITEMS # 23. Copyrighted December 15, 2025 ITEM TITLE: Resolution Approving the Consent to Assignment in the matter of the Development Agreement by and between the City of Dubuque, Iowa and CARich Properties, LLC SUMMARY: City Manager recommending City Council adopt the attached Resolution approving the consent to the assignment by the Developer, CARich Properties, LLC, of its rights and obligations in the Development Agreement, dated August 3, 2025, by and between the City of Dubuque and CARich Properties, LLC, to Rider Lacy Block, LLC. RESOLUTION Approving The Assignment Of The Development Agreement By And Between The City Of Dubuque And CARich Properties, LLC To Rider Lacy Block, LLC SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. MVM Memo 2. MVM_Assignment Memo_12-10-2025 3. Resolution 4. Assignment of Development Page 611 of 1019 Dubuque THE CITY OF uFA�a9a av DuBE 13 Masterpiece on the Mississippi zoo�•*o rP PP 2017202019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Resolution Approving the Consent to Assignment in the matter of the Development Agreement by and between the City of Dubuque, Iowa and CARich Properties, LLC DATE: December 11, 2025 Senior Counsel Barry Lindahl is recommending City Council adopt the attached Resolution approving the consent to the assignment by the Developer, CARich Properties, LLC, of its rights and obligations in the Development Agreement, dated August 3, 2025, by and between the City of Dubuque and CARich Properties, LLC, to Rider Lacy Block, LLC. CARich Properties, LLC agreed to undertake the redevelopment of a vacant building located on the Property. The property was owned by CARich Properties, LLC, Managing Member, Chris Richard. CARich Properties, LLC has transferred the property to Rider Lacy Block, LLC and Rider Lacy Block, LLC will complete the redevelopment. I concur with the recommendation and respectfully request Mayor and City Council approval. 1�14� k�4 S4-zn" Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Barry Lindahl, Senior Counsel Jill Connors, Economic Development Director Page 612 of 1019 THE CITY OF DUB E Masterpiece on the Mississippi BARRY A. LINDAHL, ESQ. SENIOR COUNSEL MEMO To: Michael C. Van Milligen City Manager DATE: December 15, 2025 Dubuque NI-Aseriea City 1L­ I I A l l 2007-2012.2013 2017*2019 RE: Resolution Approving the Consent to Assignment in the matter of the Development Agreement by and between the City of Dubuque, Iowa and CARich Properties, LLC A Development Agreement by and among the City of Dubuque, Iowa, an Iowa Municipal Corporation, of Dubuque, Iowa, and CARich Properties, LLC was made regarding the following described premises: The South One -Fifth and the South 14 Feet of the South Middle One -Fifth of Out Lot 440 in the City of Dubuque, Iowa, according to the United States Commissioners Map of the Town of Dubuque, Iowa (locally known as 1706 Central Avenue). The property at 1706 Central Avenue is a nearly vacant, mixed -use building in the Central Avenue Corridor. CARich Properties, LLC agreed to undertake the redevelopment of a vacant building located on the Property. The property was owned by CARich Properties, LLC, Managing Member, Chris Richard. CARich Properties, LLC has transferred the property to Rider Lacy Block, LLC and Rider Lacy Block, LLC will complete the redevelopment.. This memorandum is a request for the City Council to adopt the attached Resolution approving the consent to the assignment by the Developer, CARich Properties, LLC, of its rights and obligations in the Development Agreement, dated August 3, 2025, by and between the City of Dubuque and CARich Properties, LLC, to Rider Lacy Block, LLC. 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 613 of 1019 I recommend the attached Resolution approving the Consent to Assignment of the Development Agreement by CARich Properties, LLC to Rider Lacy Block, LLC be submitted to the City Council for consideration and adoption. BAL:JLM cc: Jill Connors, Economic Development Director 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 tsteckle@cityofdubuque.org Page 614 of 1019 Prepared by Jill Connors 50 W 131h Street Dubuque IA 52001 563 589-4393 RESOLUTION NO. 391-25 APPROVING THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND CARICH PROPERTIES, LLC TO RIDER LACY BLOCK, LLC WHEREAS, the City Council of the City of Dubuque on August 3, 2020, approved a Development Agreement by and between the City of Dubuque and CARich Properties, LLC as Developer; and WHEREAS, pursuant to the terms of the Development Agreement, Developer is required to provide certain improvements to real estate legally described as: THE SOUTH ONE -FIFTH AND THE SOUTH 14 FEET OF THE SOUTH MIDDLE ONE -FIFTH OF OUT LOT 440 IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE UNITED STATES COMMISSIONERS MAP OF THE TOWN OF DUBUQUE, IOWA and WHEREAS, CARich Properties LLC, as Developer, desires to assign all of its rights and obligations under the Development Agreement to Rider Lacy Block, LLC and Rider Lacy Block, LLC desires to accept such rights and obligations on the terms and conditions set forth in the Assignment of Development Agreement attached hereto; and WHEREAS, the Development Agreement requires the consent of City to an assignment; and WHEREAS, the City Council finds that consent to the Assignment of Development Agreement is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. The Assignment of Development Agreement is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute the Assignment of Development Agreement on behalf of the City of Dubuque. Passed, approved and adopted the 151" day of December, 2025. Brad M,..C%avanagh, Mayor Attest: Adrienne N. Breitfelder, "City Clerk ASSIGNMENT OF DEVELOPMENT AGREEMENT THIS ASSIGNMENT OF DEVELOPMENT AGREEMENT (Assignment), dated for reference purposes the 10t" day of December, 2025, is made and entered into by and between CARich Properties, LLC (Assignor Developer) and Rider Lacy Block, LLC (Assignee Developer). WHEREAS, the City of Dubuque (City) and Developer entered into a Development Agreement dated August 3, 2020 (the Development Agreement), as amended; and WHEREAS, pursuant to the terms of the Development Agreement, Developer is required to provide certain Minimum Improvements to real estate legally described as: THE SOUTH ONE -FIFTH AND THE SOUTH 14 FEET OF THE SOUTH MIDDLE ONE -FIFTH OF OUT LOT 440 IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE UNITED STATES COMMISSIONERS MAP OF THE TOWN OF DUBUQUE, IOWA (the Property); and WHEREAS, Developer desires to assign all of its rights and obligations under the Development Agreement to Rider Lacy Block, LLC and Rider Lacy Block, LLC desires to accept such rights and obligation on the terms and conditions set forth in this Assignment of Development Agreement; and WHEREAS, the Development Agreement requires the consent of City to an assignment; and WHEREAS, the City Council finds that consent to the Assignment of Development Agreement is in the best interest of City. NOW, THEREFORE, the parties to this Assignment of Development Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: Page 617 of 1019 SECTION 1. ASSIGNMENT. Developer does hereby assign, transfer and convey to Rider Lacy Block, LLC each and every right and obligation of Developer in and under the Development Agreement. SECTION 2. ACCEPTANCE. Rider Lacy Block, LLC does hereby accept all rights and obligations of Developer under the Development Agreement and agrees to be bound by such agreement and to be responsible for every obligation of Developer thereunder. SECTION 3. All references to Developer in the Development Agreement shall hereafter mean Rider Lacy Block, LLC. SECTION 4. MISCELLANEOUS. This Agreement is binding upon the parties hereto and their successors and permitted assigns and shall be governed by and construed under the laws of the state of Iowa. CARW PROPERTIES, LLC Chrls R' hard, Manabif g Member STATE OF IOWA ) ) ss: COUNTY OF DUBUQUE ) On this I ° f' day of N e c f w �- , 2025 before me, a Notary Public in and for said state, personally appeared Chris Richard, 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, KF �Pgtiats p. FLtiNT DRA36711 �. Commission N°• N It °z 7 My Comrr+is$i0 �x 9120120V ea Notary Public in the State of Iowa WN Page 618 of 1019 RIDER LACY BLOCK, LLC - /� �- �V_ C ris Ri hard, President STATE OF IOWA ) ) ss: COUNTY OF DUBUQUE ) On this 10 r_ day of 6 q, - , 2025 before me, a Notary Public in and for said state, personally appeared Chris Richard, 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. V�IIA4,pD. FLINT DRAKE o Commission No. N 136711 • e My Commission Expires ' l� rowA 9/20/2027 Notary Public in the State of Iowa Page 619 of 1019 The City of Dubuque, Iowa does hereby consent to the foregoing Assignment of Development Agreement and releases CARich Properties, LLC from any obligations as Developer that accrue under the terms of the Development Agreement after the date hereof. Bra ava , Mayor