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Certificate of Completion - Port of Dubuque Adams Development, LLC1°®: The Honorable Mayor and City Council Members FR®M: Michael C. Van Milligen, City Manager SU JECT: Certificate of Completion for Port of Dubuque Adams Development, LLC ®A1'E: April 16, 2009 Economic Development Director David Heiar recommends City Council approval of the issuance of a Certificate of Completion for Port of Dubuque Adams Development, LLC in the Dubuque Industrial Center West acknowledging completion of their obligations to construct Minimum Improvements as stipulated in the 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, City Attorney Cindy Steinhauser, Assistant City Manager David Heiar, Economic Development Director SU JCT: Certificate of Completion for Port of Dubuque Adams Development, LLC. INTRODUCTION This memorandum provides for City Council review and approval of a Certificate of Completion for Port of Dubuque Adams Development, LLC in the Dubuque Industrial Center West. The Development Agreement of January 23, 2007 between the City and Port of Dubuque Adams 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 except for an area that must be completed when the overhead lines are removed. (See attached memo from Associate Planner Kyle Kritz, 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 contingent upon completion of the landscaping and to authorize the Mayor and City Clerk to sign the Certificate on behalf of the City. F:\USERS\DHeiar\Port of Dubuque Adams Development LLC\Certificate of Completion Memo1.doc Prepared By: David J. Heiar 50 West 13th 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 May 25, 2007 as Document Number 2007- 00007607 in the office of the County Recorder of Dubuque County, State of Iowa, has conveyed to Port of Dubuque Adams Development, LLC (the "Grantee"), in accordance with a Development Agreement dated as of January 23, 2007 (the "Agreement"), certain real property located within the Greater Downtown .Urban Renewal District of the Grantor and as more particularly described as follows: Lot 2-2 in Adams Company's Fourth Addition in the City of Dubuque, Iowa 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 noted 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 Agreement shall otherwise remain in full force and effect. (SEAL) CITY OF DUBUQUE, IOWA By: ATTEST: By: . Jeanne. F. Schneider, City Clerk STATE OF IOWA ) SS COUNTY OF DUBUQUE ) Roy D. Buol, Mayor On this day of April, 2008; before me a Notary Public in and for said County, personally appeared Roy D. Buol 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, Iowa, 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 voluntarly executed. SUSAN M. WINTER COMMISSION NO. 183274 MY COMMISSION EXPIRES 2/14/11 April 9, 2009 Robert Schierl, P.E. 4001ce Harbor Drive Dubuque, IA 52001 Assistant City Engineer City of Dubuque T 563.583.9131 50 West 13th St F 563.557.9078 Dubuque, IA 52001 www.durrant.com Project: Durrant Office Building Project Number: 07145.01 Dear Bob: This letter is to officially notify the City of Dubuque that the parking lot constructed adjacent to our office building is substantially complete, and we are A.rchit~~cture ready to turn it over to the City. Specific areas are addressed below: Lngineeririg Punning Landscaping and Irrigation ~r~,~~c~~ D~;iiv~;ry We have included the current landscaping plan as it is installed now, and the :in i firture or fiill landscaping plan. The full plan will be in place once the overhead in' for [)esign power lines and poles are removed. There is a one year warranty on the plantings. c7raphio C7csign Additionally, we included the irrigation system plan as drawn by Nauman Nursery. This plan includes the location of the zones and the blow out port. Finally, we included the user's guides for the irrigation control system and the wireless rain sensor. The water supply for this system is taken directly from the geothermal discharge of our heating and cooling system. The water is essentially river water at a different temperature. We are not using potable municipal water for irrigation, so there is no need for a separate meter or water bill. The only associated long term cost would be the power to run the pump for the system. We will pay that cost. Atlanta, GA pervious Pavement Parking Lot Denver, co The pervious paved portion of the parking lot will require some slightly different Des Moines, iA maintenance. Based on the recommendations of the Iowa Concrete Paving Dubuque, IA Association, we would not suggest using deicing agents or sand on the area. Honoiuiu, Hi Additionally, we would suggest using a rubber edge blade, similar to what was Madison, wi recommended for the colored and stamped concrete of Main Street. Phoenix, AZ The pervious concrete does need to be power washed to remove any sediment that st. i_ouis, Mo may build up in the top 1/Z inch of the surface. It is recommended that this be done Tucson, AZ Robert Schiesl, P.E. Assistant City Engineer 07145.01 April 9, 2009 Page 2 of 2 every five years. In order to maintain the reflectance of the surface for our LEED certification, we will need to power wash the surface (standard and pervious pavements) annually. Since the LEED requirements are tied to our building, we will undertake the power washing of the parking lot. There are additional parking bumpers available should they be damaged during snow removal. We have stored them in our south mezzanine area. Please let us know if the City would like them, or if we should continue to store them until they are needed. Parking Lot Lighting We have included a description of the exterior parking lot lighting system and cutsheets of the equipment that was installed. There was a switch installed where the City can turn off the lights without accessing the building. The switch is located on the south end of the building, west of the geothermal well shut off. Emergency Contact List In case of emergency, we have provided a list of contacts in the attached documents. The list is in order of preference that you begin calling. Sincerely, Patrick J. Norton, P.E., LEED AP Civil Engineer PJN/ Enclosure: Site Record Drawing Landscaping and Irrigation Plan -current Landscaping Plan -final Manual for Irrigation Controler Manual for Wireless Rain Gauge Sensor Parking Lot Lighting Description Parking Lot Lighting Cut Sheets Emergency Contact List cc: t~ubuque THE CITY OF , .°~ ~ , . `, :_ ---- __ Mcrs~er~~icce on f1~e .1V~is~isszp~i Z00~ TO: Dave Heiar, Economic Development Director FR®IVi: Kyle Kritz, Associate Planner ~~° ill JECT: Durrant Office Building (former Adams Company Building) ®ATE: April 15, 2009 Based on the approved site plan and detailed landscaping plan dated July 19, 2008, the landscaping along Ice Harbor Drive has not been installed. As stated in the attached letter from Patrick Norton, Civil Engineer with Durrant, the landscaping will be fully installed when the overhead power lines and poles are removed. Except for the installation of the landscaping along Ice Harbor Drive, all Zoning Ordinance related issues have been addressed. Attachment Prepared by Assistant Planner Wally Wernimont