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Grand Harbor Hotel - Assignment of Development AgreementCity of Dubuque City Council Copyrighted January 5, 2026 ITEMS SET FOR PUBLIC HEARING # 2. ITEM TITLE: Grand Harbor Hotel - Assignment of Development Agreement SUMMARY: City Manager recommending City Council set a public hearing for January 20, 2026, for the assignment of the Development Agreement for the Grand Harbor Hotel from Westdale Capital Investors 3, LP to RG Hospitality, LLC. RESOLUTION Fixing The Date For A Public Hearing Of The City Council Of The City Of Dubuque, Iowa On An Assignment Of The Development Agreement Between The City Of Dubuque, Iowa And Westdale Capital Investors 3, LP As Successor In Interest To Platinum Holdings, LLC To RG Hospitality, LLC, Fixing The Date For A Public Hearing Of The City Council Of The City Of Dubuque, Iowa On The Proposed Assignment Of The Development Agreement, And Providing For The Publication Of Notice Thereof SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for DISPOSITION: January 20, 2026 ATTACHMENTS: 1. MVM Memo 2. Staff Memo 3. Notice of Public Hearing 4. Resolution 5. Assignment of Development Agreement-Westdale Signature 6. Assignment of Development Agreement-RG Hospitality Signature Page 281 of 567 THE CITY OF DUBE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Grand Harbor Hotel Assignment of Development Agreement and Lease Agreement DATE: December 29, 2025 Dubuque AI WIN av 2007-2012.2013 2017*2019 City Attorney Crenna Brumwell is recommending City Council set a public hearing for January 20, 2026, for the assignment of the Development Agreement and Lease Agreement for the Grand Harbor Hotel from Westdale Capital Investors 3, LP to RG Hospitality, LLC. This public hearing was previously set for January 5, 2026, and through this new resolution is being changed to January 20, 2026. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Page 282 of 567 THE CITY OF DUB E Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ. CITY ATTORNEY TO: MICHAEL C. VAN MILLIGEN, CITY MANAGER DATE: DECEMBER 23, 2025 Dubuque All•A�eNea 6Iq 1ml'o I I I 2007-2012.2013 2017*2019 RE: GRAND HARBOR HOTEL ASSIGNMENT OF DEVELOPMENT AGREEMENT AND LEASE AGREEMENT Platinum Holdings, LLC (Platinum) and the City of Dubuque, Iowa (City) entered into a Development Agreement dated June 19, 2000 as amended, for the development of five acres into a hotel and water park resort. The parties also entered into a lease agreement on June 4, 2001, as amended. A foreclosure action was filed by Westdale Capital Investors 3, LP (Westdale) against Platinum resulting in a foreclosure judgment and sale. Pursuant to the foreclosure, Westdale is the successor in interest to Platinum. RG Hospitality, LLC purchased the property at the foreclosure sale. An assignment from Westdale to RG Hospitality, LLC for both the Development Agreement and lease is appropriate. I respectfully request approval of the assignments from Westdale to RG Hospitality, LLC be set for public hearing on January 20, 2026. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org Page 283 of 567 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on the 20th day of January, 2026, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council proposes to assign its Development Agreement with Westdale Capital Investors 3, LP as successor in interest to Platinum Holdings, LLC to RG Hospitality, LLC. At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. The official City Council agenda will be posted the Friday before the meeting and will contain public input options. The agenda can be accessed at https://dubugueia.portal.civicclerk.com/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments on the public hearing may be submitted to the City Clerk's Office by email at ctyclerk@cityofdubuque.org or by mail to City Hall, 50 W. 13th St., Dubuque, IA 52001, before the scheduled hearing. The City Council will review all written comments at the time of the hearing. Documents related to the public hearing are on file in the City Clerk's Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals requiring special assistance should contact the City Clerk's Office as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the day of January 2026. Adrienne N. Breitfelder, CIVIC, City Clerk Page 284 of 567 Prepared by Crenna Brumwell City Attorney 300 Main Street Suite 330 Dubuque IA 52001 (563) 589-4381 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 4-26 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON AN ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND WESTDALE CAPITAL INVESTORS 3, LP AS SUCCESSOR IN INTEREST TO PLATINUM HOLDINGS, LLC TO RG HOSPITALITY, LLC, FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ASSIGMENT OF THE DEVELOPMENT AGREEMENT, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF WHEREAS, Platinum Holdings, LLC (Platinum) and the City of Dubuque, Iowa (City) entered into a Development Agreement dated June 19, 2000 (Development Agreement), as amended; and WHEREAS, Westdale Capital Investors 3, LP (Westdale) is the successor in interest to Platinum pursuant to a foreclosure judgment and sale; and WHEREAS, Westdale desires to assign the Development Agreement to RG Hospitality, LLC (RG Hospitality, LLC); and WHEREAS, the City Council has tentatively determined that it would be in the best interests of City to approve the Assignment from Westdale as successor in interest to Platinum to RG Hospitality, LLC; and WHEREAS, before said Assignment may be approved, Iowa Code §364.7 requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to approve the Assignment of the Development Agreement by and between City of Dubuque and Westdale Capital Investors 3, LP as successor in interest to Platinum Holdings, LLC to RG Hospitality, LLC; to be held on the 20th day of January 2026, at 6:30 p.m. for the purpose of receiving public input and comment regarding the proposed Assignment of the Development Agreement between the City of Dubuque and Westdale Capital Investors 3, LP as successor in interest to Platinum Holdings, LLC to RG Hospitality, LLC. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of approving the Assignment of the Development Agreement Section 3. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said Obligations. Section 4. That the notice of the meeting shall be in substantially the form attached hereto. Passed, approved and adopted this 5th day of January, 2026. Brad M. Cavan , Mayor Attest: Adrienne N. Breitfelder, City Clerk ASSIGNMENT OF DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, WESTDALE CAPITAL INVESTORS 3, LP AS SUCCESSOR IN INTEREST TO PLATINUM HOLDINGS, LLC., TO RG HOSPITALITY, LLC This Assignment Agreement, dated for reference purposes the Z YI'44 day of zL 2 , is made and entered into by and between the City of ubuque, Iowa, a municipal corporation ("City"), Westdale Capital Investors 3, LP, a limited partnership doing business in Iowa ("Westdale") as successor in interest to Platinum Holdings, LLC (Platinum), and RG Hospitality, LLC, a South Dakota limited liability company . WHEREAS, Platinum and City entered into a Development Agreement dated June 19, 2000 (the Development Agreement), as amended, for the development of five acres into a hotel and water park resort; WHEREAS, Westdale is the successor in interest to Platinum pursuant to a foreclosure judgment and sale; and WHEREAS, Westdale desires to assign the Development Agreement to RG Hospitality, LLC; and WHEREAS, the City Council finds that consenting to the Assignment on the terms and conditions set forth herein is in the best interests of the City of Dubuque. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: Section 1. Westdale here assigns to RG Hospitality, LLC all of its rights, title and interest in the Development Agreement with the City. Section 2. RG Hospitality, LLC accepts the assignment of all of Westdale's rights, title and interest in the Development Agreement with the City and agrees to assume all obligations and responsibilities in the Development Agreement. WESTDALE CAPITAL INVESTORS 3 LP RG HOSPITALITY, LLC AS SUCCESSOR IN INTEREST TO PLATINUM HOLDINGS, LLC. W - -- Mr._ v ow-09M CONSENT TO ASSIGNMENT AGREEMENT Page 287 of 567 The City of Dubuque, Iowa hereby consents to the foregoing Assignment Agreement. Brad M. Cavanagh, Mayor Attest: LO Adrienne Breitfelder, City Clerk Page 288 of 567 ASSIGNMENT OF DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, WESTDALE CAPITAL INVESTORS 3, LP AS SUCCESSOR IN INTEREST TO PLATINUM HOLDINGS, LLC., TO RG HOSPITALITY, LLC This Assignment Agreement, dated for reference purposes the day of , is made and entered into by and between the City of Dubuque, Iowa, a municipal corporation ("City"), Westdale Capital Investors 3, LP, a limited partnership doing business in Iowa ("Westdale") as successor in interest to Platinum Holdings, LLC (Platinum), and RG Hospitality, LLC, a South Dakota limited liability company. WHEREAS, Platinum and City entered into a Development Agreement dated June 19, 2000 (the Development Agreement), as amended, for the development of five acres into a hotel and water park resort; WHEREAS, Westdale is the successor in interest to Platinum pursuant to a foreclosure judgment and sale; and WHEREAS, Westdale desires to assign the Development Agreement to RG Hospitality, LLC; and WHEREAS, the City Council finds that consenting to the Assignment on the terms and conditions set forth herein is in the best interests of the City of Dubuque. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: Section 1. Westdale here assigns to RG Hospitality, LLC all of its rights, title and interest in the Development Agreement with the City. Section 2. RG Hospitality, LLC accepts the assignment of all of Westdale's rights, title and interest in the Development Agreement with the City and agrees to assume all obligations and responsibilities in the Development Agreement. WESTDALE CAPITAL INVESTORS 3 LP AS SUCCESSOR IN INTEREST TO PLATINUM HOLDINGS, LLC. By- By: CONSENT TO ASSIGNMENT AGREEMENT Page 289 of 567 The City of Dubuque, Iowa hereby consents to the foregoing Assignment Agreement. M Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk Page 290 of 567