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Malay Holdings LLC Certificate of CompletionTHE CITY OF ~ Dubuque ~"''~ ~ ~ AII-Nn~;~a cih- 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 ~- ~~ DLTB E ~-~~ Masterpiece on the Mississippi 2007 TO: Michael Van Milligen, City Manager c 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. /`~ = ~~'~ >/ 7R~41e~~~ rd ~~~ 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 I~~LJB E i"~' r ~~ 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' I~u~ E ~:~.`-~` 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 ,~ ~~