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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 r 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 4. 331.1'17114rt. as /!/1 6`er Title fore /AP - me on 2`-/ , 2014 by of WBBW H liday Development, L.L.C. al 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 4444-r 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 �-o��* 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: