WBBW Holliday Stormwater Facilities Fee Agreement Assignment Copyright 2014
City of Dubuque Consent Items # 12.
ITEM TITLE: WBBW Holliday Stormwater Facilities Fee Agreement Assignment to
Warrior Enterprises, LLC
SUMMARY: City Manager recommending approval of the Assignment of interest in the
Stormwater Facilities Fee Agreement assigning WBBW Holliday
Development, LLC's interest in Lot 1 of Holliday 6th Addition to the
purchaser of that property, Warrior Enterprises, LLC.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ WBBW Holliday Stormwater Facilities Fee Agreement Assignment-MVM City Manager Memo
Memo
❑ Staff Memo Staff Memo
❑ Brian Kane Letter Supporting Documentation
❑ Assignment Of Storm Water Facilities Fee Agreement&Consent Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Holliday 6th Addition - Stormwater Facilities Fee Agreement
DATE: November 10, 2014
City Attorney Barry Lindahl recommends City Council approval of the Assignment of
interest in the Stormwater Facilities Fee Agreement assigning WBBW Holliday
Development, LLC's interest in Lot 1 of Holliday 6th Addition to the purchaser of that
property, Warrior Enterprises, LLC. WBBW Holliday Development, LLC had purchased
the property from QHQ.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael 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 E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: November 4, 2014
RE: 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 1 of HOLLIDAY 6TH ADDITION, in the City of Dubuque, Iowa, according to
the recorded Plat thereof
Holliday 6th 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
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.
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.
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
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 1 of Holliday 6th 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 11
F:\USERS\Laserfche Legal\QHQ Properties\MVM_W BBWHollidayDevConsentToAssignmentLod Holliday6thToW arriorEnt_110414.doc
2
THE CITY OF
DUB 7E MEMORANDUM
Masterpiece on the Mississippi
BARRY LIND
CITY ATTOR
To:
Mich el C. Van Milligen
City nager
DATE: November 4, 2014
RE:
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 1 of HOLLIDAY 6TH ADDITION, in the City of Dubuque, Iowa, according to
the recorded Plat thereof
Holliday 6th 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
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.
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.
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
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 1 of Holliday 6th 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_WBBWHollidayDevConsentToAssignmentLotl Holliday6thToWarriorEnt_110414.doc
2
THE CITY OF
DUB'U E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
bctx 14)'
To: Kevin Firnstahl
City Clerk
DATE: October 9, 2014
RE: Holliday 6th Addition — WBBW Holliday Development, LLC to Warrior
Enterprises, LLC
Kevin:
Attached for the November 17, 2014 City Council agenda is the original Assignment of
Storm Water Facilities Fee Agreement from WBBW Holliday Development, LLC to
Warrior Enterprises, 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
F:\USERS\Laserfiche Legal\QHQ Properties\Firnstahl_WBBWHollidayDevConsentToAssignmentLotl Holliday6AddToWarriorEnt_110614.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
Brian J. Kane
Les V. Reddick'E
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
October 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
Brian J. K
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
This Assi went of Storm Water Facilities Fee Agreement is dated for reference
purposes the 01 "day of October, 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 6TH 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 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. The annual fee for the year 2015 is $318.74.
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:s�
Bradley A. Bierman
Printed Name
President
Title
WARRIOR ENTERPRISES, L.L.C.
PA,- !tic GRAvrt
Printed Name
Title
STATE OF IOWA
COUNTY OF DUBUQUE
This record was acknowledged before me on October 3 , 2014 by Bradley A. Bierman
as President of WBBW Holliday Development, L.L.C.
ANGELA DEMMER
Commission Number 732857
MY COMMAS?
/FIRES
^
Notary Priic in and for said State
STATE OF IOWA
COUNTY OF DUBUQUE
This record was acknowledged before me on Octobe . a , 2014 by
6-0-7.V as
BRIAN J. KANE
Commission Number 125603
My Comm. Exp. JAN. 12, 2016
�►f Warrior En rises, L.L.C.
4101111/
Notary ublici
fr
d 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