Certificate of Completion - Chavenelle Warehouse DevelopmentTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Certificate of Completion for Chavenelle Warehouse Development, LLC
DATE: October 1, 2008
Economic Development Director David Harris is recommending approval of the issuance
of a Certificate of Completion of Chavenelle Warehouse Development, LLC
acknowledging completion of their obligations to construct Minimum Improvements for
Theisen Supply, Inc. in the Dubuque Industrial Center West.
I concur with the recommendatio and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Heiar, Economic Development Director
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
September 23, 2008
TO: Michael Van Milligen, City Manager
FROM: David Heiar, Economic Development Director
SUBJECT: Certificate of Completion for Chavenelle Warehouse Development,
LLC
INTRODUCTION
This memorandum provides for City Council review and approval of a Certificate of
Completion for Chavenelle Warehouse Development, LLC in the Dubuque Industrial
Center West. The Development Agreement of June 19, 2006 by and among the City,
Theisen Supply, Inc. and Chavenelle Warehouse Development, LLC (Developer)
stipulated that a Certificate of Completion would be issued to the Developer upon the
completion of the Minimum Improvements (building construction, interior improvements,
site work and off street parking).
DISCUSSION
The minimum improvements for the building and off street parking have been
completed. The company has requested the issuance of the Certificate of Completion.
The issuance of a Certificate waives all rights of revestment of title that the City retains
through the Development Agreement to assure that the project is completed in
accordance with the provisions of the Agreement and that certain Events of Default
have not occurred. The landscaping and site improvements on the property have been
completed. (See attached memo from Guy Hemenway, Planning Services)
On review of the Developer's obligations and the City's financial participation in the
project, staff finds that the minimum improvements on the building are complete.
RECOMMENDATION
I recommend issuance of a Certificate of Completion to the Developer acknowledging
completion of their obligations to construct Minimum Improvements as stipulated in the
Development Agreement.
ACTION STEP
The action step for the City Council is to approve the attached Certificate of Completion
and to authorize the Mayor and City Clerk to sign the Certificate on behalf of the City.
F:\USERS\DHeiar\Theisen's\Certificate of Completion Memo1.doc
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubque
All-American City
2007
MEMORANDUM
September 22, 2008
SUBJECT: Certification of Completion for Theisen's Supply, Inc. and Chavenelle
Warehouse Development, LLC
As requested, Planning staff conducted a site inspection for the Theisen's Supply
Warehouse property on Chavenelle Drive in the Dubuque Industrial Center West (6201
Chavenelle Drive). The additional required landscaping has been installed and the
lighting has been redirected and/or shielded. Therefore, Theisen's currently complies
with the provisions required by the Planning Services Department noted in the site plan
approval letter dated November 30, 2006.
This memo has been provided for your information.
GH/mkr
Attachment
Prepared By: David J. Heiar 50 West 13t" Street Dubuque, IA 52001 563-589-4393
CERTIFICATE OF COMPLETION
WHEREAS, the City of Dubuque, Iowa, a municipal corporation (the "Grantor"),
by a Special Warranty Deed recorded on September 29, 2006 as Document Number
2006-00015216 in the office of the County Recorder of Dubuque County, State of Iowa,
has conveyed to Chavenelle Warehouse Development, LLC (the "Grantee"), in
accordance with a Development Agreement dated as of June 19, 2006 (the
"Agreement"), certain real property located within the Dubuque Industrial Center West
Economic Development Urban Renewal District of the Grantor and as more particularly
described as follows:
Lot 1 of Lot 2 Dubuque Industrial Center West 5t" Addition
WHEREAS, said Deed incorporated and contained certain covenants and
restrictions with respect to the development of the Development Property, and obligated
the Grantee to construct certain Minimum Improvements (as defined therein) in
accordance with the Agreement; and
WHEREAS, the Grantee has to the present date performed said covenants and
conditions insofar as they relate to the construction of the Minimum Improvements, in a
manner deemed sufficient by the Grantor to permit the execution and recording of this
certification.
NOW, THEREFORE, pursuant to Section 2.4 of the Agreement, this is to certify
that all agreements and covenants of the Deed and the Agreement with respect to the
obligations of the Grantee, and its successors and assigns, to construct the Minimum
Improvements on the Development Property have been completed and performed by
the Grantee to the satisfaction of the Grantor and such agreements and covenants are
hereby terminated.
The County Recorder of Dubuque County is hereby authorized to accept for recording
and to record the filing of this instrument, to be a conclusive determination, except as
note above, of the satisfactory termination of the agreements and covenants of said
Deed and the Agreement which would result in a forfeiture by the Grantee and right of
the Grantor to re-enter and take possession of the Development Property as set forth in
said Deed and the Agreement, and that said Deed and the Agreement shall otherwise
remain in full force and effort.
(SEAL) CITY OF DUBUQUE, IOWA
By: Roy D. Buol, mayor
ATTEST:
Jeanne F. Schneider, City Clerk
STATE OF IOWA)
)SS
COUNTY OF DUBUQUE)