Harbor View Pl, Cert of CompletMEMORANDUM
June 5, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Certificate of Completion for Harbor View Place Project
Economic Development Director Bill Baum is recommending issuance of a Certificate of
Completion to Harbor View Development, LLC, the Developer of the Harbor View Place
Project at 300 Main Street, acknowledging completion of the Minimum Improvements as
stipulated to in the Harbor View Place Project Development Agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
VVilliam Baum, Economic Development Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
TO:
FROM:
SUBJECT:
May 31, 2002
Michael Van Milligen, City Manager
William Baum, Economic Development Director
Certificate of Completion for Harbor View Place Project
Introduction
This memorandum provides for City Council review and approval a Certificate of
Completion for the Harbor View Place project at 300 Main Street. The Amended and
Restated Development Agreement of August 21, 2000 by and among the City, Harbor
View Development, LLC (Developer) and the Dubuque Area Chamber of Commerce
(Employer) stipulated that a Certificate of Completion would be issued to the Developer
upon the completion of the Minimum Improvements (building construction and interior
improvements).
Discussion
The Developer has requested issuance of the Certificate and has provided verification,
through certified statements from John Allen and Al Urbain that the obligations as
required in the Development Agreement to construct a minimum 22,000 square foot
three-story building at a cost of not less than $1,300,000 within the allotted time period
have been met.
The issuance of a Certificate of Completion 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 previsions of the Agreement and that certain Events
of Default have not occurred.
Recommendation
I recommend issuance of a Certificate of Completion to the Developer acknowledging
completion of their obligations to complete Minimum Improvements as stipulated in the
Harbor View Place project Development Agreement. The project has met the relevant
requirements of the Development.
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.
attachments
F:\USERS\Pm~h re\WPDOCS\LOAN DOC\CHAMBER\certifofcompl.mern.doc
Prepared By: Pamela Myhre 50 West 13~ 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 6, 2000 as Instrument Number
10396-00 in the office of the County Recorder of Dubuque County, State of Iowa, has
conveyed to Harbor View Development, LLC (the "Grantee"), in accordance with an
Amended and Restated Development Agreement dated as of August 21,2000 by and
among the Grantor, the Grantee and the Dubuque Area Chamber of Commerce
(collectively, the "Agreement"), certain real property located within the Downtown
Dubuque Urban Renewal District of the Grantor and as more particularly described as
follows:
Lot 2 of Harbor View Place in the City of Dubuque, Dubuque County, Iowa (the
"Development Property"); and
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 covenants and conditions 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 and that the provisions for forfeiture of title and right to re-entry for breach
of the condition subsequent by the Grantor contained therein are hereby released
absolutely and forever terminated insofar as they apply to the land described herein.
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 of the
satisfactory termination of the covenants and conditions 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 effect.
(SEAL)
CiTY OF DUBUQUE, IOWA
ATTEST:
By:
Terrance M. Duggan, Mayor
By:
Jeanne F. Schneider, City Clerk
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE )
On this day of ,2002, before me a Notary
Public in and for said County, personally appeared Terrance M. Duggan and Jeanne F.
Schneider to me personally known, who being duly sworn, did say that they are the
Mayor and City Clerk, respectively of the City of Dubuque, lowa, a Municipal
Corporation, created and existing under the laws of the laws of the State of Iowa, and
that the seal affixed to the foregoing instrument was signed and sealed on behalf of said
Municipal Corporation by authority and resolution of its City Council and said Mayor and
City Clerk acknowledged said instrument to be the free act and deed of said Municipal
Corporation by it voluntarily executed.
F:\US ERS\Pmyhre\WPDOCS%OAN DOC\CHAMB ER\ce~ofcomp.rtf
Notary Public in and for
Dubuque County, Iowa
CERTIFICATION
This certification was made this ¢2 ~ day of May, 2002 by Harborview Development
L.L.C. 99 Cambridge Ct Dubuque, Iowa, to the City of Dubuque Iowa, City Hall 50 W. 13~h
Street Dubuque, Iowa 52001.
Whereas, City of Dubuque and Harborview Development L.L.C. entered into an
Amended Restated Development Agreement which was signed August 21st, 2000 and a
memorandum of which was signed August 30th, 2000 and recorded as Instrument No. 10191-00
on September l~t, 2000 in the Record's of the Dubuque County Iowa Recorder; and
Whereas pursuant to the agreement the Developer agreed to construct the building and
certain systems on Lot 2 of Harborview Place a Subdivision in the City of Dubuque, Iowa,
according to the recorded Plat thereof at a cost of not less then one million three hundred
thousand dollars; ($1,300,000.00) and
Whereas, the City and Developer agreed in the agreement that the building was to be at
least three stories above Main Street and contain not less that twenty-two thousand square feet of
floor space.
Now therefore, the developer certifies to the City as follows:
1. The building has been constructed at a cost o£not less than one million three hundred
thousand dollars ($1,300.000.00).
2. The building contains not less than twenty-two thousand square feet of floor space.
Harborview Development, L.L.C. in Iowa
Limited Liability Company
BY: /s/ John Allen,
manager member
BY: /s/ Al Urbain,
manager member