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Certificate of Completion DICW 8th AdditionPrepared 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) ATTEST: B Jeanne F. Schneider, City Clerk STATE OF IOWA ) ) SS COUNTY OF DUBUQUE ) On this j7 day of , 20/ before me a Notary Public in and for said County, personally pear 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. p�AI. SUSAN M. WINTER z' A � 7 COMMISSION NO.183274 • kW • MY COMMISSION EXPIRES 2/14/11 F: \USERS \Econ Dev \Hormel\20100712 Certificate of Completion.doc B CITY OF DUBUQUE, IOWA y D. Buol, Mayor 41110? r Notary Public i and for Dubuque County, Iowa