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Agri Grain Market Assign LeaseMEMORANDUM February 10, 2004 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Agri Grain Marketing, LLC Assignment of Real Estate Leases Public Works Director Mike Koch recommends City Council approval of assignment of Agri Grain Marketing, LLC's leases with the City of Dubuque to Cargill, Incorporated, as of March 1, 2004. I concur with the recommendation and respectfully request Mayor and City Council approval. Mict~ael C. Van Milligen MCVM/jh . Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director MEMORANDUM Februaw 9,2004 TO: FROM: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director SUBJECT: Agri Grain Marketing, LLC Assignment of Real Estate Leases INTRODUCTION On January 14, 2004, Agri Grain Marketing, LLC (ACM) requested that their leases with the City be assigned to Cargill, Incorporated (Cargill). DISCUSSION The effective date of the assignment of the leases is scheduled for Mamh 1, 2004, at which time, the leases will revert back to Cargill, Incorporated. The Agri Grain Marketing, LLC will assign all of their interest, obligations, and liabilities in the existing leases with the City to Cargill. The City has reviewed the assignment agreements between Agri Grain Marketing, LLC and Cargill, Incorporated and has found the assignment to be proper. The lease agreements state that the lessee shall have the right to sublet or assign any of its rights, in and to the leased premises, to any person or concern with prior written consent of the lessor to the end that the lessor's interests shall be fully protected and which approval of lessor shall not be unreasonably withheld. RECOMMENDATION I recommend that the City Council approve the assignment of real estate and lease agreements with Cargill, Incorporated. cc: Debrah W. Genellie, Cargill RESOLUTION NO. 70-04 RESOLUTION CONSENTING TO THE ASSIGNMENT OF LEASES BET~NEEN THE CITY OF DUBUQUE AND AGRI GRAIN MARKETING, LLC TO CARGILL, INCORPORATED Whereas, Agd Grain Marketing, LLC (AGM) intends to assign its interest in its leases with the City of Dubuque to Cargill, Incorporated; and Whereas, the existing leases stipulate that the Lessee has the dght to assign its leases to any person or concern, with pdor written approval of the Lessor in that the Lessor's interest shall be fully protected and which approval of the Lessor shall not be unreasonably withheld; and Whereas, the City Council has determined that it is in the best interest of the City to consent to the assignment of the leases to Cargill, Incorporated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That approval be granted to Agd Grain Marketing, LLC to assign its current leases to Cargill, Incorporated dated July 25, 1962, amended January 9, 1964, February 24, 1971, January 29, 1974, August 21, 1978, and lease dated March 29, 1978 all with the City of Dubuque as assigned to Agri Grain Marketing, LLC on May 21, 2001 (Resolution 624-99). Section 2. That the assignment to Cargill, Incorporated is bound by all stated terms and conditions of the existing leases between the City of Dubuque and Agri Grain Marketing, LLC. Passed, approved and adopted this 16th day of February , 2004. Terrance M. Duggan, Mayor Attest:. Jeanne F. Schneider, CMC, City Clerk ,.TAN 1~ '0,4 15:25 FR CARGILL L~O DF_PT P.01/02 January 14, 2004 Po~t4t' Fax Note 7671 ~e/~/... · # of ~. · ' IPages ~ VI[A FAX: (563) 589-4149 .................... Mike Koch Public Works Director The City of Dubuque 50 West 13t~ Street Dubuque, Iowa 520014864 RE: Assignment of lease due to Dissolution ofAgri Omin Marketing, LLC ("AGM") Our File No. Lt 6044-504 and 504.0001 Leases and agreements dated July January 29, 1974, August 21, 1978, March 29, 1978 with the City of Dubuque all assigned to AGM on May 21, 2001 (the "Lease") Dear Mr. Koch: As you may know, AOM is a joint venture company owned by. Cargill, Incorporated and American Grain & Related Industries ("AGRI"). AORI and Cargill have agreed to dissolve AGM on March l, 200~, at which time operation of the Dubuque, Iowa facility will revert back to Cargill. Consequently, AGM will also assign its interest inflae above referenced Lease to Cargill as of this date and Cargill will assume alt of Lhe obligations and liabilities o£AGM under the Lease. A copy of the executed Assignment Agreement between AGM and Cargill will be provided to you following execution on March l, 2£~)4. CargilI and AGM hereby request that the City of Dubuque consent to the assignment of the Lease from AGM to Cargill. Please signify the City of Dubuque's consent by signing in the space provided below and returning an executed original of this letter to me. If you have any questions, please contact me or Cargill's in-house attorney for this matter. Brian Pioske at (952) 742-6388. Sincerely, Debrah W. Genellie Contract Paralegal DWG:jev :.(330207) B. Pioske/Law/24 M-Martin/AGM;rWest Des Molnes, IA Debrah W, Genellie C~nr~:~c~ Pa~Icg~l (952) 7424366 Mailing Addre~; P.O. Box 5624 Mirme~0olls, MN 554404624 Location/Shippigg Addre~: ! 54ff/Me. Ginty Roa~ W¢~ WayzaTa, ~ 55391-5624 Facsimile; (952) 7424~49 or (9~2) 742-7503