Holliday 5th Addition Stormwater Facilities Fee AgreementTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Holliday 5th Addition - Stormwater Facilities Fee Agreement
DATE: September 9, 2014
Dubuque
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City Attorney Barry Lindahl recommends City Council consent to the assignment of
interest in the Stormwater Facilities Fee Agreement between the City and WBBW
Holliday Development, LLC for Lot 1 of Holliday 5th Addition.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
7.-
Mic ael C. Van Milligen
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MCVM:jh
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: September 5, 2014
RE: Holliday 5th 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
WBBW Holliday Development, LLC for Lot 1 of Holliday 5th Addition.
Holliday 3rd Addition (now Holliday 5th 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
WBBW Holliday Development, LLC's interest in Lot 1 of Holliday 5th Addition to the
purchaser of that property, Warrior Enterprises, LLC. WBBW Holliday Development,
LLC had purchased the property from QHQ.
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\Laserfiche Legal\QHQ Properties\MVM_WBBWHollidayDevConsentToAssignment_090514.doc
2
THE CITY OF
DUB F MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To:
City Clerk
DATE: September) l , 2014
Kevin S. Firnstahl
RE:
Holliday 5th Addition — Stormwater Facilities Fee Agreement
Attached for the September 15, 2014 City Council meeting is the original Assignment of
Stormwater Facilities Fee Agreement assigning the WBBW Holliday Development,
LLC's interest in Lot 1 of Holliday 5th Addition to the purchaser of that property, Warrior
Enterprises, LLC. WBBW Holliday Development, LLC had purchased the property from
QHQ Properties.
Upon approval by the City Council, I would appreciate it if you would please obtain the
signature of the City Manager and then return the original to me. I will forward the
original document to Attorney Brian Kane for recording.
Thank you for your assistance regarding this matter.
BAL:tls
Attachment
F:\USERS\Laserfiche Legal\QHQ Properties\Firnstahl_WBBWHollidayDevConsentToAssignmentOriginal_091114.doc
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:
Return To:
Brian J. Kane, 2100 Asbury Road, Suite 2, Dubuque, IA 52001 (563) 582-7980
Brian J. Kane, 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 Assignent of Storm Water Facilities Fee Agreement is dated for reference
purposes the c2% —clay of August, 2014.
WHEREAS, WBBW Holliday Development, L.L.C. ("WBBW Holliday") 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 1 of HOLLIDAY 5m ADDITION, in the City of Dubuque, Dubuque County,
Iowa, according to the recorded Plat thereof (the "Real Estate")
WHEREAS, WBBW Holliday has sold the Real Estate to Warrior Enterprises,
L.L.C. ("Warrior Enterprises"); and
WHEREAS, WBBW Holliday desires to assign its interest in the Agreement to Warrior
Enterprises, 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"), WBBW
Holliday hereby assigns its interest and responsibilities in the Agreement related to the Real
Estate to Warrior Enterprises.
SECTION 2. Commencing January 1, 2015 and January 1 of each year thereafter,
Warrior Enterprises 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. Warrior Enterprises acknowledges that the annual fees
for 2015 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 the Warrior Enterprises 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, Warrior Enterprises 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. Warrior Enterprises 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.
IN WITNESS WHEREOF, the parties executed the foregoing as of the date here first above
written.
WBBW HOLLIDAY
DEVELOPMENT, L.L.C.
By:
Printed Name
Title
STATE OF IOWA
COUNTY OF DUBUQUE
This record was acknowledged before
OW '0/6000 as
L.L.C.
WARRIOR ENTERPRISES, L.L.C.
Printed Name
Title
me
2-7
on August 2014 by
f WBBW Holli ay Development,
BRIAN J. KANE
nmmission Number 125603
My Comm. Exp, JAN. 12, 2016
STATE OF IOWA
COUNTY OF DUBUQUE
Notary Public in d for said State
This record was acknowledged before
R47 X 4,/29-TJ,1 as
me
on August 02 , 2014 by
f Warr' or Eiyterprises, L.L.C.
BRIAN J. KANE
Commission Number 125603
My Comm. Exp. JAN. 12, 2016
Notar
ublic
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
Brian J. Kane
Les V. Reddick*
Brad J. I-Ieying
Todd L. Stevenson*
Kevin T. Deeny**
Bradley B. Kane
Joseph P. Kane
Nicholas J. Kane
All admitted in Iowa
*Also admitted in Illinois
**Also admitted in Wisconsin
Barry A. Lindahl, Esq.
Corporation Counsel
300 Main Street, Ste. 330
Harbor View Place
Dubuque, IA 52001
KANE, NORBY & REDDICK, P.C.
ATTORNEYS
2100 ASBURY ROAD, SUITE 2
DUBUQUE, IA 52001-3091
August 28, 2014
Re: WBBW Holliday Development, LLC
Dear Barry:
Retired:
Gary K. Norby
Phone: (563) 582-7980
Facsimile: (563) 582-5312
E-mail:bkane@kanenorbylaw.com
Enclosed please find an original Assignment of Storm Water Facilities Fee Agreement
and Consent to Assignment by the City of Dubuque. We request that you please present it to the
City Council and/or Mr. Van Milligen for signature on the Consent to Assignment page.
Thereafter, please return the original to our office for recording.
Please do not hesitate tocontact us directly should you have any questions. Thank you.
Best regards,
KANE, NORBY & D'ICK, P.C.
By
BJK:ald
Enclosure
frAir
Brian J. Kane