Loading...
Certificate of Completion for Flexsteel Industries, Inc. 385 Bell Street Property Copyrighted May 6, 2019 City of Dubuque Consent Items # 13. ITEM TITLE: Certificate of Completionfor Flexsteel Industries, Inc. 385 Bell Street Property SUMMARY: City Manager recommending approval of a Certificate of Completionforthe Flexsteel Industries, Inc. property located at 385 Bell Street. RESOLUTION Approving a Certificate of Completion to Flexsteel I ndustries, I nc., for the development of 385 Bell Street SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Flexsteel Industries Certificate of Completion for 385 City Manager Memo Bell Street-MVM Memo Staff Memo Staff Memo Certificate of Completion Supporting Documentation Resolution of Approval Resolutions THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Certificate of Completion for Flexsteel Industries, Inc. 385 Bell Street Property DATE: April 28, 2019 Economic Development Director Jill Connors recommends City Council approval of a Certificate of Completion for the Flexsteel Industries, Inc. property located at 385 Bell Street. I concur with the recommendation and respectfully request Mayor and City Council approval. �L;� 1��, ����.� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Jill M. Connors, Economic Development Director Dubuque Economic Development Department THE CITY OF .� 5o West 13�^Street AIFMersality Dubuque,lowa 52001-4864 D� L E � � ��� � � Office(563)589-4393 TTY(563)690-6678 http://www.cityofd u buq ue.org 2007•2012 Masterpiece on the Mississippi �,3.Zo„ TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director SUBJECT: Certificate of Completion for Flexsteel Industries, Inc. 385 Bell Street Property DATE: April 23, 2019 INTRODUCTION This memorandum presents for City Council approval a Certificate of Completion for the Flexsteel Industries, Inc. property located at 385 Bell Street. BACKGROUND Flexsteel Industries, Inc. executed a Development Agreement with the City dated April 18, 2011 for the purchase of property at 385 Bell Street and the construction of a multi- story office building, which now houses the company's headquarters. DISCUSSION The Minimum Improvements required by the Development Agreement for the building have been completed. The company has requested the issuance of the Certificate of Completion. 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 provisions of the Development Agreement and that certain events of default have not occurred. On review of the Developer's obligations and the City's financial participation in the project, staff finds that the Minimum Improvements required by the Development Agreement are complete. RECOMMENDATION/ ACTION STEP I recommend approval of the attached resolution, providing for the issuance of a Certificate of Completion. Prepared by: Jill Connors, Economic Development, 50 W. 13th Street, Dubuque IA 52001, 563 589-4393 Return to: Jill Connors, Economic Development, 50 W. 13th Street, Dubuque IA 52001, 563 589-4393 RESOLUTION NO. 149-19 APPROVING A CERTIFICATE OF COMPLETION TO FLEXSTEEL INDUSTRIES, INC. FOR THE DEVELOPMENT OF 385 BELL STREET Whereas, the City Council, by Resolution No. 139-11, dated April 18, 2011, approved a Development Agreement (Agreement) with Flexsteel Industries, Inc. (Developer) for the development of 385 Bell Street in the City of Dubuque, Iowa (Property); and Whereas, Section 10.4 of the Agreement obligated the City to provide a Certificate of Completion at the request of the Developer upon completion of the Minimum Improvements; and Whereas, City staff have determined that the Minimum Improvements are complete according to the terms and conditions set forth in the Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Certificate of Completion for the Minimum Improvements at 385 Bell Street, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Certificate of Completion on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Passed, approved and adopted this 6th day of May 2019. Attest: Air Kevin(tirnstahl, City Clerk Roy D. Buol, Mayor Prepared By: Jill M. Connors, 50 W 13th Street, Dubuque, IA 52001 (563) 589-4393 Return to: Jill M. Connors, 50 W 13th Street, Dubuque, IA 52001 (563) 589-4393 CERTIFICATE OF COMPLETION WHEREAS, the City of Dubuque, Iowa (City), and Flexsteel Industries, Inc. (Developer) have entered into a Development Agreement dated as of April 18, 2011, with respect to certain real property located within the Port of Dubuque, Dubuque, Iowa and as more particularly described as follows: Lot 1-1 of Adams Company's 4th Addition in the City of Dubuque, Iowa (the "Property"); and WHEREAS, said Agreement contains certain covenants and conditions with respect to the development of the Property, and obligates Developer to construct certain Minimum Improvements in accordance with the Agreement; and WHEREAS, Developer has performed said covenants and conditions insofar as they relate to the construction of the Minimum Improvements in a manner deemed sufficient by City to permit the execution and recording of this certification; and NOW, THEREFORE, pursuant to Section 10.4 of the Agreement, this is to certify that all covenants and conditions of the Agreement with respect to the obligations of Developer, and its successors and assigns, to construct the Minimum Improvements on the Property and pay for the same have been completed and performed by Developer to the satisfaction of City and such covenants and conditions are hereby terminated. The 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 satisfaction of the covenants and conditions of said Agreement which would have resulted in a forfeiture by Developer and right of City to re-enter and take possession of the Property as set forth in said Agreement if such covenants and conditions had not been satisfied, and that said Agreement shall otherwise remain in full force and effect. CITY OF DUBU o UE, IOWA By Attest: Kevin S. `irnstahl,City perk (City Seal) STATE OF IOWA COUNTY OF DUBUQUE SS Roy D.uol, Mayor On this . day of o.,_, 201c1 before me the undersigned, a Notary Public in and for the said Coun y and State, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation executing the instrument to which this is attached; that the seal affixed hereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of the City of Dubuque, Iowa, by authority of its City Council; and that said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public 2 i - ENT. mmission Number 719986 My Commission' apires !4D•1_ � 7 O'CONNOR re93- THOMAS,Pc. ATTORNEYS & COUNSELORS AT LAW June 3, 2019 Ms. Jill M. Connors City of Dubuque 50 W 13th Street Dubuque, IA 52001 Dear Jill: Enclosed please find the following originals for 1) Certificate of Completion filed May 14, 2) Certificate of Completion filed May 20, Thank you for your assistance in this regard. O'CONNOR & THOMAS, P.C. PJS/kmp Enclosures C. Cit. 1840 your safekeeping: IRECEIVED JUN -6 AM 9: 514 \ar Clerk's Office 2019, as Instrument No. 2019-4765; and 2019, as Instrument No. 2019-4997. Hilary Stubben, Flexsteel Industries, Inc. Paul J. Sigwarth I ext. 244 I psigwarth@octhomaslaw.com 1000 Main Street 1 Dubuque, Iowa 52001 1 Phone 563.557.8400 1 Fax 888.391.3056 JOHN C. O'CONNOR A. JOHN ARENZ t: I CHAD C. LEITCH * RICHARD K. WHITTY JAMES E. GOODMAN, JR. * I DAVIN C. CURTISS *t PAUL J. SIGWARTHf PETER D. ARLING * § t JOSHUA P. WEIDEMANN* CHRISTOPHER C. FRYt STEPHANIE R. FUEGER *t MCKENZIE R. BLAU* TONYA A. TRUMM t ADAM J. BABINAT * ALYSSA M. CARLSON ALEX L. HOFER All attorneys licensed in Iowa 1 * Also licensed in Illinois 1 t Also licensed in Wisconsin 1 § Also licensed in Minnesota $ Certified in Civil Trial Advocacy by National Board of Trial Advocacy 1 I Also licensed in U.S. Tax Court I:\KRIS\WP\Flexsteel Connors Itr.wpd IIII 1111011101 11 11 11 11 11 11 Doc ID 010281560004 Type GEN Kind: MISCELLANEOUS Recorded: 05/14/2019 at 03:58:47 PM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder Fi1e2019-00004765 Prepared By: Jill M. Connors, 50 W 13th Street, Dubuque, IA 52001 (563) 589-4393 Return to: Jill M. Connors, 50 W 13th Street, Dubuque, IA 52001 (563) 589-4393 CERTIFICATE OF COMPLETION WHEREAS, the City of Dubuque, Iowa (City), and Flexsteel Industries, Inc. (Developer) have entered into a Development Agreement dated as of April 18, 2011, with respect to certain real property located within the Port of Dubuque, Dubuque, Iowa and as more particularly described as follows: Lot 1-1 of Adams Company's 4th Addition in the City of Dubuque, Iowa (the "Property"); and WHEREAS, said Agreement contains certain covenants and conditions with respect to the development of the Property, and obligates Developer to construct certain Minimum Improvements in accordance with the Agreement; and WHEREAS, Developer has performed said covenants and conditions insofar as they relate to the construction of the Minimum Improvements in a manner deemed sufficient by City to permit the execution and recording of this certification; and NOW, THEREFORE, pursuant to Section 10.4 of the Agreement, this is to certify that all covenants and conditions of the Agreement with respect to the obligations of Developer, and its successors and assigns, to construct the Minimum Improvements on the Property and pay for the same have been completed and performed by Developer to the satisfaction of City and such covenants and conditions are hereby terminated. The 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 satisfaction of the covenants and conditions of said Agreement which would have resulted in a forfeiture by Developer and right of City to re-enter and take possession of the Property as set forth in said Agreement if such covenants and conditions had not been satisfied, and that said Agreement shall otherwise remain in full force and effect. d C©rnr+-Or 9. a '00 ot CITY OF DUBU o UE, IOWA By Attest: Kevin S. irnstahl, City Jerk (City Seal) Roy D. uol, Mayor STATE OF IOWA ) SS COUNTY OF DUBUQUE ) On this Lc,41— day of rimia,, 2011,before me the undersigned, a Notary Public in and for the said County and State, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation executing the instrument to which this is attached; that the seal affixed hereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of the City of Dubuque, Iowa, by authority of its City Council; and that said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public 2 'lISH ommission Number 719986 My CommissionE spires to t; Prepared by: Jill Connors, Economic Development, 50 W. 13th Street, Dubuque IA 52001, 563 589-4393 Return to: Jill Connors, Economic Development, 50 W. 13th Street, Dubuque IA 52001, 563 589-4393 RESOLUTION NO. 149-19 APPROVING A CERTIFICATE OF COMPLETION TO FLEXSTEEL INDUSTRIES, INC. FOR THE DEVELOPMENT OF 385 BELL STREET Whereas, the City Council, by Resolution No. 139-11, dated April 18, 2011, approved a Development Agreement (Agreement) with Flexsteel Industries, Inc. (Developer) for the development of 385 Bell Street in the City of Dubuque, Iowa (Property); and Whereas, Section 10.4 of the Agreement obligated the City to provide a Certificate of Completion at the request of the Developer upon completion of the Minimum Improvements; and Whereas, City staff have determined that the Minimum Improvements are complete according to the terms and conditions set forth in the Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Certificate of Completion for the Minimum Improvements at 385 Bell Street, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Certificate of Completion on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Passed, approved and adopted this 6th day of May 2019. Attest: Kevin irrnstahl, City Clerk Roy D. Buol, Mayor STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 149-19 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 7th day of May, 2019. Kern S. Firnstahl, C, City Clerk 11 1111111 11 111i 11 11 11 Doc ID 010284230002 Type GEN Kind: MISCELLANEOUS Recorded: 05/20/2019 at 04:01:50 PM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder File2019-00004997 Prepared By: Jill M. Connors, 50 W 13th Street, Dubuque, IA 52001 (563) 589-4393 Return to: Jill M. Connors, 50 W 13th Street, Dubuque, IA 52001 (563) 589-4393 CERTIFICATE OF COMPLETION WHEREAS, the City of Dubuque, Iowa (City), and Flexsteel Industries, Inc. (Developer) have entered into a Development Agreement dated as of June 5, 2017, with respect to certain real property located at 501 Seippel Road, Dubuque, Iowa and as more particularly described as follows: Lot 4 of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa (the "Property"); and WHEREAS, said Agreement contains certain covenants and conditions with respect to the development of the Property, and obligates Developer to construct certain Minimum Improvements in accordance with the Agreement; and WHEREAS, Developer has performed said covenants and conditions insofar as they relate to the construction of the Minimum Improvements in a manner deemed sufficient by City to permit the execution and recording of this certification; and NOW, THEREFORE, pursuant to Section 2.4 of the Agreement, this is to certify that all covenants and conditions of the Agreement with respect to the obligations of Developer, and its successors and assigns, to construct the Minimum Improvements on the Property and pay for the same have been completed and performed by Developer to the satisfaction of City and such covenants and conditions are hereby terminated. The 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 satisfaction of the covenants and conditions of said Agreement which would have resulted in a forfeiture by Developer and right of City to re-enter and take possession of the Property as set forth in said Agreement if such covenants and conditions had not been satisfied, and that said Agreement shall otherwise remain in full force and effect. l°D 0 O'Connor -A- fyyt.s Attest: Kevin S. ' irnstahl, City Clerk (City Seal) STATE OF IOWA COUNTY OF DUBUQUE On this V1 day of 2019, before me the undersigned, a Notary Public in and for the said County and State, personally appeared Michael C. Van Milligen, and Kevin S. Firnstahl, to me personally known, who, being by me duly sworn, did say that they are the City Manager and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation, executing the instrument to which this is attached; that the seal affixed hereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of the City of Dubuque, Iowa, by authority of its City Council; and Michael C. Van Milligen and Kevin S. Firnstahl acknowledged the execution of said instrument to be their voluntary act and deed CITY OF DUBUQUE, IOWA By SS Michael C. Van Milligen, City Manager ublic 2