WBBW Holliday Development Stormwater Fee Agreement AssignmentCopyright 2014
City of Dubuque Consent Items # 8.
ITEM TITLE: WBBW Holliday Development Stormwater Fee Agreement Assignment to
SJCG Properties
SUMMARY: City Manager recommending approval of the Assignment of Stormwater
Facilities Fee Agreement assigning WBBW Holliday Development, LLC's
interest in Lot 2 of Holliday 6th Addition, and Lot 1 of Lot 6 of Holliday 3rd
Addition to the purchaser of that property, SJCG Properties, LLC.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
E WBBW Holliday Development Stormwater Fee Agreement -MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Kane Letter Supporting Documentation
E Assignment & 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: Holliday 3rd Addition and Holliday 6th Addition - Stormwater Facilities Fee
Agreement
DATE: October 13, 2014
City Attorney Barry Lindahl recommends City Council approval of the Assignment of
Stormwater Facilities Fee Agreement assigning WBBW Holliday Development, LLC's
interest in Lot 2 of Holliday 6th Addition, and Lot 1 of Lot 6 of Holliday 3rd Addition to the
purchase of that property, SJCG Properties, LLC. WBBW Holliday Development, LLC
had purchased the property from QHQ.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE CITY OF
DUB UE MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDA
CITY ATTORN
To: Michael- C. Van Milligen
City Manager
DATE: October 6, 2014
RE:
Holliday 3rd Addition and 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
WBBW Holliday Development, LLC for the following legally described properties:
Lot 2 of HOLLIDAY 6TH ADDITION, in the City of Dubuque, according to the
recorded Plat thereof; and,
Lot 1 of Lot 6 of HOLLIDAY 3RD ADDITION, in the City of Dubuque, Iowa,
according to the recorded Plat thereof
These parcels are commercially zoned developments that include the extension of
Holliday Drive to the south from Asbury Road west of the Northwest Arterial. Because
the developments exceed one acre, stormwater detention was required. The sites are
directly north of the Northwest Arterial Detention Basin and all drainage from the sites
flows to the basin.
To meet detention basin requirements, the original 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.
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
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.
Attached is another Assignment of Stormwater Facilities Fee Agreement assigning
WBBW Holliday Development, LLC's interest in Lot 2 of Holliday 6th Addition, and Lot 1
of Lot 6 of Holliday 3rd Addition to the purchaser of that property, SJCG Properties, 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_WBBWHollidayDevConsentToAssignmentToSJCG_100614.doc
2
Brian J. Kane
Les V. Reddick*
Brad J. Heying
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
September 24, 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 to contact us directly should you have any questions. Thank you.
Best regards,
KANE, NORBY & REDDICK, P.C.
By
BJK:ald
Enclosure
THE CITY OF
DUB
E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To:
DATE: October 9, 2014
Kevin Firnstahl
City Clerk
RE: Holliday 3rd Addition and Holiday 6t" Addition — Stormwater Facilities Fee
Agreement Assignment — WBBW Holliday Development, LLC to SJCG
Properties, LLC
Kevin:
Attached for the October 20, 2014 City Council agenda is the original Assignment of
Storm Water Facilities Fee Agreement from WBBW Holliday Development, LLC to
SJCG Properties, LLC, and Consent to Assignment by the City of Dubuque. 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 Brian Kane for recording.
Thank you.
BAL:tls
Attachment
cc: Deron Muehring, Civil Engineer II
F:\USERS\Laserfiche Legal\QHQ Properties\Firnstahl_WBBWHollidayDevConsentToAssignmentToSJCCOriginal_100914.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: Brian J. Kane, 2100 Asbury Road, Suite 2, Dubuque, IA 52001 (563) 582-7980
Return To: 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
his Assignment of Storm Water Facilities Fee Agreement is dated for reference purposes
they day of September, 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 2 of HOLLIDAY 6T" ADDITION, in the City of Dubuque, according to the
recorded Plat thereof ; and,
Lot 1 of Lot 6 of HOLLIDAY 3RD ADDITION, in the City of Dubuque, Iowa,
according to the recorded Plat thereof (the "Real Estate")
WHEREAS, WBBW Holliday has sold the Real Estate to SJCG Properties, LLC ("SJCG
Properties"); and
WHEREAS, WBBW Holliday desires to assign its interest in the Agreement to SJCG
Properties, 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 SJCG
Properties.
SECTION 2. Commencing January 1, 2015 and January 1 of each year thereafter, SJCG
Properties shall pay the annual detention basin and drainage channel maintenance fee* for the
*(which for the year 2015 is $363.30)
maintenance of the Northwest Arterial Detention Basin and Drainage Channel, all in accordance with
the Agreement. SJCG Properties 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 SJCG Properties 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, SJCG Properties 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. SJCG Properties 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: By./
Printed Name
SJCG PROPERTIES, LLC
i9 ro•rr jey 4. l e r,M \
Printed Nar'r1e
,V.em 4.er
Title
STATE OF IOWA
COUNTY OF DUBUQUE
This record was acknowledged be
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Title
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me on 2`-/ , 2014 by
of WBBW H liday Development, L.L.C.
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KEVIN T. DEENY
Commission Number 712320
MY OMMISSI N EoPIF(�Sa.
STATE OF
COUNTY OF DUBUQUE
This record
was
as
Notary Public in and for said S
acknowledged before
me
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onb t 2`1 , 2014 by
pry-ede.►1-1- of SJCG P operties, LLC.
KEVIN T. DE _NY
Commission Number 712320
* *t MY gJMMISSi3OJ EE PiFjE
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Notary Public in and for said
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 this ? .qday of (2 , 20/fKbefore me, a Notary Public in and for
said state, personally appeared// AVV... ,/. /..r to me known to be the
person(s) named in and who executed the foregoing instrument, and acknowledged that
they executed the same as their voluntary act and deed.
��w+ c a KEVIN S. FIRNSTAHL
a r COMMISSION NO.745295
/Ow/. • cr5O 1 �i_'
MY CO SS!ONN EEJy'PIRES
Nota Public in the Styeof Iowa
My Commission expires: