Malay Holdings LLC Certificate of CompletionTHE CITY OF ~ Dubuque
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Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Certificate of Completion for Malay Holdings, LLC
DATE: September 14, 2009
Economic Development Director David Heiar recommends City Council approval of the
issuance of a Certificate of Completion for Malay Holdings, 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
THE CITY OF - Dubuque
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Masterpiece on the Mississippi
2007
TO: Michael Van Milligen, City Manager
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FROM: David Heiar, Economic Development Director
SUBJECT: Certificate of Completion for Malay Holdings, LLC.
DATE: September 11, 2009
INTRODUCTION
This memorandum provides for City Council review and approval of a Certificate of
Completion for Malay Holdings, LLC in the Dubuque Industrial Center West. The
Development Agreement of November 19, 2007 by and among the City, Vanguard
Countertops, Inc. (Employer), and Malay Holdings, 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 Wally Wernimont, 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\Econ Dev\Vanguard Tops\20090911 Certificate of Completion Memo.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 July 3, 2008 as Document Number 2008-
00009649 in the office of the County Recorder of Dubuque County, State of Iowa, has
conveyed to Malay Holdings LLC (the "Grantee"), in accordance with a Development
Agreement dated as of June 2, 2008 (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 4 Dubuque Industrial Center West 4th 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
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 Deed and the Agreement shall otherwise
remain in full force and effect.
(SEAL)
ATTEST:
Jeanne F. Schneider, City Clerk
STATE OF IOWA )
SS
COUNTY OF DUBUQUE )
CITY OF DUBUQUE, IOWA
Joyce E. Connors, Mayor Pro-Tem
On this 21st day September, 2009, before me a Notary Public in and
for said County, personally app ared Joyce E. Connors and Jeanne F. Schneider to me
personally known, who being duly sworn, did say that they are the Mayor Pro-Tem 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 voluntarily executed. /`~ = ~~'~
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Inc.
capable • accurate • committed
Countertops
Commercial Cabinets
Solid Surface Products
Point of Purchase Displays
Custom Laminated Products
vwvw.vanguardtops.com
September 2, 2009
David Heiar
Aaron DeJong
City of Dubuque
Economic Development Dept
City Hall
Dear Dave and Aaron:
Please consider this my request for a Certificate of Completion for the development projector
Vanguard Countertops Inc. by Malay Holdings LLC at 1300 Synergy Court in Dubuque.
The project has been completed and we are now fully operational.
Respectfully,
Brian P. Gilligan
Developer
1300 Synergy Court • Dubuque, IA 52002
563-556-7600 • fax:563-556-0832 • bgilligan@vanguardtops.com
THE CITY OF Dubuque
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Masterpiece on the Mississippi
zoos
TO: Aaron Dejong, Assistant Economic Develo ment Director
FROM: Wally Wernimont, Assistant Planner
SUBJECT: Certification of Completion for Vanguard Inc.
DATE: September 11, 2009
As requested, on September 10, 2009, Planning staff conducted a site inspection of the
Vanguard Inc. property on Chavenelle Drive in the Dubuque Industrial Center West
(1300 Synergy Court). The property, at this time, is compliant. The ornamental
grasses/landscaping installed along the parking lot has three growing seasons to reach
required screening height. The site will be re-evaluated in three years to verify if
landscaping has grown to meet the screening requirement.
This memo has been provided for your information.
F:\USERS\Mrettenb\WP\MemoForm.doc
'I'HItC.I'I Y tYl'
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Date: 09-09-2009
Owner: VANGUARD
Address: 1300 SYNERGY CT
DUBUQUE IA
52002
TO Whom It May Concern
RE: 1300 SYNERGY CT DBQ
The purpose of this letter is to confirm that the final inspections have
been made of the above-captioned facility.
As a result of the final inspections, you are advised that the project at
this premise has been approved as complying with the ordinances
governing construction in the City of Dubuque, Iowa, and is hereby
approved for occupancy.
REFERENCE NUMBER: B08-0994
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