Dubuque West Hospitality, LLC Storm Water Facilities Fee Agreement1
Kevin Firnstahl
From:Tracey Stecklein
Sent:Friday, July 07, 2017 4:45 PM
To:Byron Sarhangian
Cc:Barry Lindahl
Subject:JDSK - Assignment Dubuque
Attachments:Sarhangian_DubuqueWestHospitalityAssignment-JDSKToAHIP_071315.pdf
Good afternoon Attorney Sarhangian:
Attached is a copy of a July 13, 2015 letter from City of Dubuque, Iowa City Attorney Barry Lindahl regarding the
recorded Assignment of Storm Water Facilities Fee Agreement between Dubuque West Hospitality and AHIP. Also
enclosed with and referenced in that letter was Dubuque County Recorder Official Receipt no. 2015‐00005509 for
$27.00 regarding the recording fee for that recorded Assignment. Mr. Lindahl had requested in his letter that you remit
the $27.00 payment directly to the Dubuque County Recorder.
Today the City of Dubuque City Clerk’s Office was contacted by the Dubuque County Recorder’s Office advising that this
invoice is still outstanding. Please advise if your records indicate that you have made payment. However, if you have
not already done so, we would appreciate it if you would please remit payment at your earliest convenience to the
Dubuque County Recorder.
Please feel free to contact me if you have any questions or need additional information regarding this matter.
Thank you.
Tracey Stecklein
City Attorney's Office
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
Phone: 563.583.4113
Fax: 563.583.1040
Copyright 2014
City of Dubuque Consent Items # 20.
ITEM TITLE: Dubuque West Hospitality, LLC Storm Water Facilities Fee Agreement
Assignment
SUMMARY: City Manager recommending approval of the Assignment of Storm Water
Facilities Fee Agreement assigning Dubuque West Hospitality, LLC's
interest in Lot 2 of Holliday 4th Addition to the purchaser of that property,
AHIP IA Dubuque Properties LLC.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
E Assignment of Stormwater Facilities Fee Agreement -MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Assignment and Consent Supporting Documentation
THE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
band
AI -America City
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2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Lot 2 of Holliday Fourth Addition - Stormwater Facilities Fee Agreement
DATE: June 9, 2015
City Attorney Barry Lindahl is recommending City Council approval of the Assignment of
Storm Water Facilities Fee Agreement assigning Dubuque West Hospitality, LLC's
interest in Lot 2 of Holliday 4tn Addition to the purchaser of that property, AHIP IA
Dubuque Properties LLC.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
IA/1144 ,,,,,
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: June 9, 2015
RE: Lot 2 of Holliday Fourth Addition — Stormwater Facilities Fee Agreement
The purpose of this memo is to recommend City Council consent to the assignment of
interest in the Stormwater Facilities Agreement (Agreement) between the City and
Dubuque West Hospitality, LLC for Lot 2 of Holliday Fourth Addition.
Holliday 4th 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 the basin.
To meet detention basin requirements, the Developer, QHQ Properties (QHQ) was
granted permission to use the City's detention basin instead of constructing a new
detention basin of its own. The Northwest Arterial detention facility, located just south of
Holliday 3rd Addition, has been functional since the Spring of 2002.
The basic premise of the Agreement is that the City will provide detention service and
QHQ will reimburse the City for the cost of the service.
In June of 2004, the City Council approved the Stormwater Facilities Fee Agreement
with QHQ. Under the Agreement, the City received a one-time payment of $62,250. 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 property.
The City Council has previously consented to several assignments of the Stormwater
Facilities Fee Agreement to purchasers of the property.
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
Attached is another Assignment of Stormwater Facilities Fee Agreement assigning the
Dubuque West Hospitality, LLC's interest in Lot 2 of Holliday 4th Addition to the
purchaser of that property, AHIP IA Dubuque Properties LLC.
I recommend that the Assignment of Storm Water Facilities Fee Agreement be
submitted to the City Council for consideration and consent.
BAL:tls
Attachment
cc: Gus Psihoyos, City Engineer
Jenny Larson, Budget Director
Ken TeKippe, Finance Director
Deron Muehring, Civil Engineer II
F:\USERS\Laserfche Legal\QHQ Properties\MVM_DubuqueWestHospitalityLLCConsentToAssignmentLot2Holliday4thToAHIPDubuque_060915.doc
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Doc ID 008269950005 Type: GEN
Kind AGREEMENT
Recorded: 06/29/2015 at 02:41:26 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
File2015-00008315
PREPARED BY:
Snell & Wilmer L.L.P.
One Arizona Center
400 E. Van Buren Street
Phoenix, AZ 85004
Attention: Byron Sarhangian
(602)382-6000
AFTER RECORDING RETURN TO:
Snell & Wilmer L.L.P.
One Arizona Center
400 E. Van Buren Street
Phoenix, AZ 85004
Attention: Byron Sarhangian
ASSIGNMENT OF STORM WATER FACILITIES FEE AGREEMENT
AND
CONSENT TO ASSIGNMENT BY THE CITY OF DUBUQUE
This Ass' ent of Storm Water Facilities Fee Agreement is dated for reference
purposes the day of ___ , 2015.
WHEREAS, DUBUQUE WEST HOSPITALITY, LLC, a South Dakota Limited liability
company ("Dubuque West") 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, Dubuque West has sold the Real Estate to AHIP IA Dubuque Properties
LLC, a Delaware limited liability company ("AHIP Dubuque"); and
WHEREAS, Dubuque West desires to assign its interest in the Agreement to AHIP
Dubuque, as provided herein.
060215ba1
2100
City Ce k
NOW, TFIEREFORE, 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"), Dubuque West
hereby assigns its interest in the Agreement related to the Real Estate to AHIP Dubuque.
SECTION 2. Commencing January 1, 2016 and January 1 of each year thereafter, AHIP
Dubuque (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 2016 is $549.15 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. AHIP Dubuque 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]
21735172.2
IN WITNESS WHEW OF, the parties executed the foregoing as of the date here first
above written.
DUBUQUE WE
aSouthDak
By:
Printed Name
LITY, LLC,
ity company
STATE OF 'F --
COUNTY OF
he f regoing instrument was acknowledged before me on AWN,, 2015 by
, thehn :'1 of DUBUQUE WEST HOSPITALITY, LLC, a
South Dakota limited liability co pankn6wn to be the identical person whose name is affixed to the
foregoing instrument and acknowledged the execution thereof to be his voluntary act and deed on behalf
of said company.
GENERAL NOTARY -State of Nebraska
KIM ROSKENS
My Comm. Exp. Jan. 12, 2016
Notary Public
My commission expires
21735172.2 3
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By:
PROPERTIES LLC,
ability company
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Printed Name
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STATE OF 74dtttilef*A
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The foregoing instrument was acknowledged before me this .23 day of ,
2015, by ..lcs M Mk kke," the OruitAA4 t;.*. PO-W.0M
of AHIP IA DUBUQUE PROPERTTFS LLC, a Delaware limited liability company, for and on
behalf of the company.
My Corrunission Expires: riilif
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PATRICIA R. MEZOUARI-BANUELOS
Notary Public, State of Texas
My Commission Expires
May 09, 2018
21735172.2 4
CONSENT TO ASSIGNMENT
The City of Dubuque hereby consents to the foregoing Assignment.
CITY OF DU
By:
UQUE, IOWA
Roy Buol, Mayor
Printed Name
Mayor
Title
21735172.2
21735172,2 5