Hartig III, LLC to Hartig IV, LLC Assignment Copyright 2014
City of Dubuque Consent Items # 9.
ITEM TITLE: Hartig III, LLC to Hartig IV, LLC Assignment
SUMMARY: City Manager recommending approval of the Assignment of
Development Agreement and Consent to Transfer for
Hartig I 11, LLC to Hartig IV, LLC related to property at 703
Main Street.
RESOLUTION Approving the Assignment of Development
Agreement and Consent to Transfer Between the City of
Dubuque, Iowa, Hartig Realty III, LLC and Hartig Realty IV,
LLC
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Hartig 111, LLC Assignment of Development Agreement City Manager Memo
and Consent to Transfer-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Assignment 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: Hartig III, LLC Assignment of Development Agreement and Consent to
Transfer
DATE: January 26, 2016
On September 21, 2006, the City entered into a Development Agreement with Hartig
Realty III, LLC. On December 22, 2015, Hartig Realty III, LLC assigned its rights and
responsibilities under the Development Agreement and deeded the property bound by
the Development Agreement to Hartig IV, LLC.
Assistant City Attorney Crenna Brumwell recommends City Council approval of the
Assignment of Development Agreement and Consent to Transfer.
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
Crenna M. Brumwell, Assistant City Attorney
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: January 26, 2016
RE: Assignment of Development Agreement and Consent to Transfer
On September 21, 2006, the City entered into a Development Agreement with Hartig
Realty III, LLC. On December 22, 2015, Hartig Realty III, LLC assigned its rights and
responsibilities under the Development Agreement and deeded the property bound by
the Development Agreement to Hartig IV, LLC. As allowed in Section 4.10 of the
Development Agreement, Hartig Realty III, LLC has requested approval of the attached
Assignment of the Development Agreement and Consent to Transfer.
I recommend that the attached resolution and Assignment of Development Agreement
and Consent to Transfer be submitted to the City Council for consideration. Please let
me know if you need further information.
Thank you.
RESOLUTION NO. 27-16
APPROVING THE ASSIGNMENT OF DEVELOPMENT AGREEMENT AND
CONSENT TO TRANSFER BETWEEN THE CITY OF DUBUQUE, IOWA, HARTIG
REALTY III, LLC, AND HARTIG REALTY IV, LLC
Whereas, the City of Dubuque, Iowa entered into a Development Agreement with
Hartig Realty III, LLC dated September 21, 2006; and
Whereas, Hartig Realty III, LLC assigned its rights and responsibilities under the
Development Agreement and deeded the property bound by the Development
Agreement to Hartig Realty IV, LLC on December 22, 2015; and
Whereas, Hartig Realty III, LLC has requested approval of its Assignment of the
Development Agreement and Consent to Transfer, as allowed in Section 4.10 of the
Development Agreement; and
Whereas, the City Council of the City of Dubuque finds that the City of Dubuque
should consent to the assignment and transfer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque hereby approves the Assignment of Development
Agreement and Consent to Transfer, a copy of which is attached hereto.
Section 2. The Mayor is authorized and directed to sign the Assignment of
Development Agreement and Consent to Transfer on behalf of the City of Dubuque.
Passed, approved and adopted this 1st day of Fe j ruary, 2016.
Roy D. Bot, Mayor
Attest:
Kevin : `Firnstahl, Cty Clerk
ASSIGNMENT OF DEVELOPMENT AGREEMENT AND CONSENT TO TRANSFER
This Assignment of Development Agreement is entered into this's t day of
February , 2016 by and between Hartig Realty III, LLC, an Iowa business
corporation, ("Hartig 111"), Hartig Realty IV, LLC, an Iowa business corporation, ("Hartig
IV), and the City of Dubuque, Iowa ("City").
RECITALS
A. City and Hartig III entered into a Development Agreement dated September 21,
2006 (the "Development Agreement");
B. Pursuant to the terms of the Development Agreement Hartig III was to provide
certain improvements to real estate owned by Hartig III, such property locally known as
703 Main Street, Dubuque, Iowa and legally described as:
Lot 60 and the southerly 31.5 feet of lot 59, in the City of Dubuque, Iowa,
according to the United States Commissioners Map of the Town of Dubuque,
Iowa; (the "Property")
Subject to the requirements and restrictions of that Development Agreement City
agreed to take certain actions to aid in the rehabilitation of the Property.
C. Hartig III has deeded the Property to Hartig IV. Hartig III desires to assign all of
its rights and obligations under the Development Agreement to Hartig IV and Hartig IV
desires to accept such rights and obligations.
D. The parties desire to set forth their agreement regarding such assignment in
writing.
E. Section 4.10 of the Development Agreement requires City consent to transfer the
obligations of Hartig 111.
Therefore, in consideration of the mutual terms and covenants herein, the parties
agree as follows:
AGREEMENT
1. Assignment. Hartig III does hereby assign, transfer and convey to Hartig IV each
and every right and obligation of Hartig III in and under the Development Agreement.
2. Acceptance. Hartig IV does hereby accept all rights and obligations of Hartig III
under the Development Agreement and agrees to be bound by such agreement and to
be responsible for every obligation of Developer thereunder.
3. Consent. City does hereby consent to the assignment as set forth herein and
releases Hartig III from any obligations that accrue under the terms of the Development
Agreement after the date hereof and consents to the transfer of the Property.
4. Miscellaneous. This agreement is binding upon the parties hereto and their
successors and permitted assigns and shall be governed by and construed under the
laws of the state of Iowa.
City of Dubuqu,, Iowa
By: "la
Roy D. Buol,,$iayor
Hartig Realty III, LLC
By:
Hartig Realty V, LC
By: