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Grand Harbor Hotel - Assignment of Development AgreementCity of Dubuque City Council PUBLIC HEARINGS #1. Copyrighted January 20, 2026 ITEM TITLE: Grand Harbor Hotel - Assignment of Development Agreement SUMMARY: Proof of publication on notice of public hearing to consider City Council approval of the assignment of the Development Agreement for the Grand Harbor Hotel from Westdale Capital Investors 3, LP to RG Hospitality, LLC, and City Manager recommending approval. RESOLUTION Approving The 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 SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. MVM Memo 2. MVM_Assignment from Westdale to RG Hospitality_1-15-26 3. DA_Assignment Resolution_12-23-25 4. Assignment of Development Agreement-Westdale Signature 5. Assignment of Development Agreement-RG Hospitality Signature Page 1126 of 1459 THE CITY OF Dubuque DUB TEE All -America City Masterpiece on the Mississippi � pp 13 z°°'"*° zoi720zoi9 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: January 15, 2026 City Attorney Crenna Brumwell is recommending City Council approval of the assignment of the Development Agreement and Lease Agreement for the Grand Harbor Hotel from Westdale Capital Investors 3, LP to RG Hospitality, LLC. Platinum Holdings, LLC and the City of Dubuque, Iowa 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 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. 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 1127 of 1459 THE CITY OF DUB E Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ. CITY ATTORNEY TO: MICHAEL C. VAN MILLIGEN, CITY MANAGER DATE: JANUARY 15, 2026 Dubuque MI-Anariea City 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. 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 1128 of 1459 Prepared by Crenna Brumwell. Esg., 300 Main St., Ste. 330 Dubuque IA 52001-6944 (563) 583-4113 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 21-26 APPROVING THE 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. WHEREAS, Platinum Holdings, LLC (Platinum) and the City of Dubuque, Iowa (City) entered into a Development Agreement dated June 19, 2000, as amended; and WHEREAS, Westdale Capital Investors 3, LP (Westdale) is a 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, Section 5.4 of the Development Agreement requires consent of the City to assignment of lease, which consent shall not be unreasonably withheld; and WHEREAS, the City Council of the City of Dubuque finds that the City of Dubuque should consent to the assignment. 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. Section 3. The City of Dubuque hereby approves of the Assignment of the Development Agreement, a copy of which is attached hereto, from Westdale to RG Hospitality, LLC. Section 4. The Mayor is authorized and directed to sign the Assignment of the Development Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 20th day of January, 2026. .• .• �, . • Attest: Adrienne N. Breitfelder, C6 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 c�nti1 day of J nub (^ is made and entered into by and between the City of Dubuque, to a, 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. M RG HOSPITALITY, LLC CONSENT TO ASSIGNMENT AGREEMENT The City of Dubuque, Iowa hereby consents to the foregoing Assignment Agreement. Attest: B: Y aoAa- "�v Ae-J104 Adrienne Breitfelder, City Clerk F-V*1 NzIJJI=l►11a[*12QATA=11101WJIQtff_TCJZ44=I'il4M BETWEEN THE CITY OF DUBUQUE, WESTDALE CAPITAL INVESTORS 3, LP AS SUCCESSOR IN INTEREST TO PLATINUM HOLDINGS, LLC., TO RG HOSPITALITY, LLC This Assignment A reement, dated for reference purposes the Z t'�,144 day of brJ •� ,�� 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 RG HOSPITALITY, LLC AS SUCCESSOR IN INTEREST TO PLATINUM HOLDINGS, LLC. wo: �r _ �Ilw.- CONSENT TO ASSIGNMENT AGREEMENT Page 1131 of 1459