Progressive Packaging LLC_Certificate of CompletionMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Certificate of Completion for Progressive Packaging, LLC
DATE: July 13, 2010
Dubuque
bitil
AR-America City
11111 I
2007
Economic Development Director David Heiar recommends City Council approval of the
issuance of a Certificate of Completion for Progressive Packaging, 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.
Michiael C. Van Milligen
MCVM:jh
Attachment
cc: Mike Blouin, President, Greater Dubuque Development Corp.
Rick Dickinson, Executive Director & COO, Greater Dubuque Development Corp.
Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Heiar, Economic Development Director
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: David Heiar, Economic Development Director' -t 4
SUBJECT: Certificate of Completiori for Progressive Packaging, LLC.
DATE: July 12, 2010
Dubuque
A cilr
111 r
2007
INTRODUCTION
This memorandum provides for City Council review and approval of a Certificate of
Completion for Progressive Packaging, LLC in the Dubuque Industrial Center West. The
Development Agreement of April 21, 2008 by and among the City and Progressive
Packaging, 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.
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 \Hormel\20100712 Certificate of Completion Council Memo Progressive Packaging.doc
Prepared By: David J. Heiar 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 May 20, 2008 as Document Number 2008-
00007050 in the office of the County Recorder of Dubuque County, State of Iowa, has
conveyed to Progressive Packaging, LLC. (the "Grantee "), in accordance with a
Development Agreement dated as of April 21, 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 Dubuque Industrial Center West 8 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) CITY OF DUBUQUE, IOWA
ATTEST:
By:
Jeanne F. Schneider, City Clerk
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE )
By:
Roy D. Buol, Mayor
On this day of , 20_, 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
voluntarily executed.
F: \USERS\Econ Dev\Hormel\20100712 Certificate of Completion.doc
Notary Public in and for
Dubuque County, Iowa