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SJCG Properties, LLC Storm Water Facilities Fee Agreement Assignment Copyrighted August 6, 2018 City of Dubuque Consent Items # 26. ITEM TITLE: SJCG Properties, LLC Storm Water Facilities Fee Agreement Assignment SUMMARY: City Manager recommending approval of the assignment of interest in the Stormwater Facilities Agreement between the City of Dubuque and SJCG Properties, LLC to Holdings Monti, LLC for Lot 2 of Holliday 6th Addition. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Stormwater Facilities Fee Agreement Assignment-NNM City Manager Memo Memo Staff Memo Staff Memo Stevenson Letter Supporting Documentation SJCG Properties, LLC Assignment& Consent Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Lot 2 of Holliday 6�h Addition — Stormwater Facilities Fee Agreement DATE: July 29, 2018 Senior Counsel Barry Lindahl recommends City Council approval of the assignment of interest in the Stormwater Facilities Agreement between the City of Dubuque and SJCG Properties, LLC to Holdings Monti, LLC for Lot 2 of Holliday 6�h Addition. I concur with the recommendation and respectfully request Mayor and City Council approval. �L;� 1��, ��.� Mic ael C. Van Milligen �� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Barry A. Lindal, Senior Counsel THE CTTY OF Dubuque �" ui��eNe�ary DUB E '�I}Ijl� Masterpiece on the Mississippi �°' Z°'Z 2013 2017 BARRY A. LINDAHL, ESQ. SENIOR COUNSEL MEMO To: Michael C. Van Milligen City Manager Dare: July 26, 2018 Re: Lot 2 of Holliday 6th 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 SJCG Properties, LLC for Lot 2 of Holliday 6�h Addition. Holliday 6�h 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 CITYATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)583-4113/Fnx (563)583-1040/Ennni� balesq@cityofdubuque.org Attached is another Assignment of Stormwater Facilities Fee Agreement assigning the SJCG Properties, LLC's interest in Lot 2 of Holliday 6�h Addition to the purchaser of that property, Holdings Monti, LLC. I recommend that the Assignment of Stormwater Facilities Fee Agreement be submitted to the City Council for consideration and consent. BAL:tIs Attachment cc: Gus Psihoyos, City Engineer Jenny Larson, Budget Director Jean Nachtman, Finance Director Deron Muehring, Civil Engineer II F:\Users\Laserfche Legal\QHQ Properties\MVM_SJCGPropertiesLLCConsentToAssignmentLot2Holliday6thToHoldingsMontiLLC_072618.docx OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113/Fwc (563) 583-1040/EMai� tsteckle@cityofdubuque.org KANE, NORBY& REDDICK, P.C. f�'rroiuv t��s Brian J.Kanc 2100 f\SBURY ROAD,SUIT13 2 Lcs�'.Reddicic* DUBUQUI�,IOWA 52001-3091 Brad J. I-Ieying "fodd L.Stevensou� Rcured: ltcvin T.Deeny** Garn K.Norbj� Bradlev B.Kane Josepl�P.Kane Nicholas J.Kane David J.Kanc All admitted in Iowa Phone: (563)582-7980 *rllso admitted in Illinois Facsunile: (5G3)582-5312 **Also admitted in Wis-consin L-mail:tstevenson@kanenorb}'law.com July 18, 2018 Mr. Barry A. Lindahl Senior Counsel, City Attorneys Office Harbor View Place, Suite 330 300 Main Street Dubuque, Iowa 52001-6944 RE: SJCG PROPERTIES LLC Dear Bai7•y: Enclosed please find an Assignment of Storm Water Facilities Fee Agreement and Consent to Assignment by the City of Dubuque. Our client SJCG recently conveyed the real estate to Holdings Monti, LLC. Therefore,the Agreement needs to be assigned to the new owner. We have obtained the necessary signatures, but need Mr. Van Milligen's signature consenting to the Assignment. Would you please forward this to the appropriate individual so as to obtain the signature? It can then be returned to us and we will see that it is recorded. If you have any questions, or if the document should be sent to another person, please notify us. Your attention to this matter is appreciated. In the meantime, should you have any questions please contact the under•signed. Best regards, KANE,NORBY & REDDICK, P.C. By �— � — Todd L. Stevenson TLS/bmo Enc. THE CITY OF DUB'F MEMORANDUM Masterpiece on the Mississippi BARRY LINDA CITY ATTORN Y To: DATE: July 26, 2018 Kevin Firnstahl City Clerk RE: Lot 2 of Holliday 6th Addition — Stormwater Facilities Fee Agreement SJCG Properties, LLC Assignment to Holdings Monti, LLC Kevin: Attached for the August 6, 2018 City Council agenda is the original Assignment of and Consent to Storm Water Facilities Fee Agreement from SJCG Properties to Holdings Monti, LLC. Once this Assignment has been approved, I would appreciate it you could obtain the City Manager's signature on the Consent, and then return all originals to me. I will then forward them to Attorney Todd Stevenson for recording. Thank you. BAL:tls Attachment F:\Users\Laserfiche Legal\QHQ Properties\Firnstahl_OriginalSJCGPropertiesLLCConsentToAssignment_072618.docx 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 Prepared By: Todd L. Stevenson, 2100 Asbury Road, Suite 2, Dubuque, IA 52001 (563) 582-7980 Return To: Todd L. Stevenson, 2100 Asbury Road, Suite 2, Dubuque, IA 52001 (563) 582-7980 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 day of OVLIf , 2018. WHEREAS, SJCG Properties, LLC ("SJCG") 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 I-JOLLIDAY 6' ADDITION, in the Cite of Dubuque, according to the recorded Plat thereof (the "Real Estate"); and and. WHEREAS, SJCG has sold the Real Estate to I-loldings Monti, LLC ("Holdings Monti"); WHEREAS, SJCG desires to ass ig n its interest in the Agreement to Holdings Monti, as provided herein, 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"), SJCG hereby assigns its interest and responsibilities in the Agreement related to the Real Estate to Holdings Monti. SECTION 2, Commencing January 1, 2019 and. January 1 of each year therealte.r, Holdings Monti shall pay the annual detention basin and drainage channel maintenance fee for the - maintenance of the Northwest Arterial Detention Basin and Drainage Channel, all iii accordance with the Agreement, Holdings Monti acknowledges that the annual fees for 2019 and 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. SECTION 3. Annual fees shall be paid by Holdings Monti to the City by not later than January 31 ()Teach year. In the event that the annual fee is not paid by January 31 for the year when it is due, Holdings Monti agrees that City shall have the right to assess the fee against the Real Estate for collection in the same manner as the property tax. SECTION 4. Holdings Monti 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 successors, heirs and assigns. heir fN WITNESS WHEREOF, the parties executed the foregoing as of the date here first above written. SJCG PROPERTIES, LLC, Assignor By IIJAV Kraig R. Kiefe , Member HOLDINGS MONTI, LLC, Assignee By "0-0116 6/7 Kraig R. Kiefer, President STATE OF IOWA COUNTY OF DUBUQUE This record was acknowledged before me on 1 - Le , 201 8 by Kraig R. Kiefer and Nikki M. Kiefer as Members of SJCG Properties, LLC. ICHELLE HU Commission Number 794898 My Commission Expires March 3, 2019 STATE OF IOWA COUNTY OF DUBUQUE Notary Public in and for said State This record was acknowledged before me on as President of Holdings Monti, LLC. dosSLIAC 0 MICHELLE HU Commission Number 74, :98 My Commission Expires March 3, 2019 — J1Le ) ,2018 by Kraig R. Kiefer Notary Public in and for said State CONSENT TO ASSIGNMENT The City of Dubuque hereby consents to the foregoing Assignment. CITY OF DUBUQUE, IOWA By Michael C. Van Milligen, City Manager STATE OF IOWA )ss: COUNTY OF DUBUQUE On thi day of -6 , 2018, before me, a Notary Public in and for said state, personally appeared Michael C. Van Milligen, to me known to be the person named in and who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. KEVIN S. FIRNSTAHL COMMISSION NO.745295 MY CO -ION EXPIRES Notary P iblic in the State o