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Dbq Screw Products, Devel. Agree Assign. E. Ma"hall Thomas, 1907-1989 Francis J. O'Connor, 1916-1990 ATTORNEYS AT LAW {~1. 184(1 wuw.octhomWiIaW.com August 29,2006 Mayor Roy D. Buol City Hall 50 W. 13th Street Dubuqut:, lA 52001 City Council Members City Hall 50 W. 13th Street :Uubuqu~, IA 52001 RE: Dubuque Screw Products, Inc. Dear Mayor and City Council Members: Dubuque Screw Products, Inc. and the City of Dubuque have entered into a Development Agreement for the purchase of a lot and certain improvements and other requirements at Lot One (1) of Lot Five (5) of Dubuque Industrial Center West 5th Addition in Dubuque. Dubuque Screw Products, Inc. purchased the lot from the City on August 15, 2006. Michael R. Scherr will be purchasing the lot from Dubuque Screw Products subject to the Development Agreement. Mr. Scherr is the President of Dubuque Screw Products, Inc. and will be acquiring the property for business reasons. Dubuque Screw Products, Inc. and Mr. Scherr will be entering into an assigrunent of the Development Agreement, subject to the City's approval. The assigrunent assigns to Mr. Scherr all of Dubuque Screw Products, Inc. 's rights to purchase the property. Mr. Scherr will contract with Beck Construction, Inc. for the construction ofthe required improvements. Mr. Scherr has provided to the City the required evidence of the necessary financial commitment for construction of the improvements. Enclosed is a proposed Assigrunent for approval. James E. Goodman, Jr. ext. 247 I jgoodman@octhomaslaw.com Dubuque Building I 700 Locust Street, Suite 200 P.O. Box 599 I Dubuque, Iowa 52004-0599 I Phone 563.557.8400 I Fax 563.556.1867 JOHN C. O'CONNOR CHAD C. LEITCH '" JAMES E. GOODMAN, JR. '" KERRIE L. UEDTKEt CHRISTOPHER C. FRY BRENDAN T. QUANN RICHARD K. WHITT!' DAVIN C. CURTISS "'t PETER D. fuUNG**t EMILY E. REINERS A. JOHN ARENZ tt STEPHEN C. KRUMPE *t PAUL]. SIGWARTI-I t JOSHUA P. WEIDEMANN THOMAS S, COLUNS, OF COUNSEL All attorneys licensed in Iowa I ... Alsu licensed in Illirwis I t Also licensed in Wisconsin I * Also licemed in Minnesota :j: Certified in Civil Trial AdvocilC)' by National Board of Tried AdvocllC)' O'CONNOR & THOMAS, P.C. Mayor Roy Buol City Council Members August 29, 2006 Page 2 If you have any questions, please let us know. Sincerely, O'CONNOR & THOMAS, P.e. /'U" . /" ? .:' /) .'~ (~/ /(.'-r.7&~( James E. Goodman, Jr. ~ ( JEG/en Enclosure c: City Manager City Clerk ASSIGNMENT OF DEVELOPMENT AGREEMENT THIS AGREEMENT is entered into by and between MICHAEL R. SCHERR (hereinafter called Assignee) and DUBUQUE SCREW PRODUCTS, INC. (hereinafter called Assignor). WITNESSETH: WHEREAS, Assignor, as Buyer, entered into that certain Development Agreement with the City of Dubuque (hereinafter called "Development Agreement"), a copy of which is attached hereto as Exhibit A and is incorporated herein by this reference; and WHEREAS, Assignor has purchased the Real Estate identified in the Development Agreement from the City of Dubuque on August 15,2006. WHEREAS, Assignor and Assignee have agreed for Assignee to purchase the Real Estate identified in the Development Agreement, subject to the terms of the Development Agreement. NOW, THEREFORE, the parties agree: (1) Assignor hereby assigns to Assignee Assignor's rights and obligations under the Development Agreement. (2) Assignee hereby assumes Assignor's rights and obligations under the Development Agreement. (3) Assignor hereby requests the City of Dubuque to approve the transfer of ownership for an Assignor to Assignee of the Real Estate subject to the Development Agreement. (4) The City of Dubuque shall be considered a third-party beneficiary under this Agreement and shall have the same rights as Assignor to enforce Assignor's rights under this Assignment against Assignee. IN WITNESS WHEREOF, the parties have executed this agreement as their free and voluntary act and deed. Dated this day of August, 2006. DUBUQUE SCREW PRODUCTS, INC., ASSIGNOR By: Michael R. Scherr, President Michael R. Scherr APPROVAL OF ASSIGNMENT BY CITY OF DUBUQUE, IOWA By: Roy D. Buol, Mayor By: Jeanne Schneider, City Clerk