Giese Mfg. Co Completion CertMEMORANDUM
September 9, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Certificate of Completion for Giese Manufacturing Project
Economic Development Director Bill Baum recommends City Council approval to issue
the Certificate of Completion for the Giese Manufacturing project 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, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
William Baum, Economic Development Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 8, 2003
TO:
FROM:
SUBJECT:
Michael Van Milligen, City Manager
William Baum, Economic Development Director~__~~
Certificate of Completion for Giese Manufacturing Project
Introduction
This memorandum provides for City Council review and approval a Certificate of
Completion for the Giese Manufacturing project in the Dubuque Industrial Center West.
The Development Agreement of March 4, 2002 by and among the City, Giese
Properties, L.L.C. (Developer) and Giese Manufacturing, Inc. (Employer) stipulated that
a Certificate of Completion would be issued to the Developer upon the completion of
the Minimum Improvements (building construction and interior improvements).
Discussion
The company's attorney, Gary Norby, has requested the issuance of the Certificate of
Completion. His correspondence dated September 3, 2003 is attached hereto. 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 project is complete and a ribbon-cutting was held in June, 2003.
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.
attachments
F:\US ERS\Pm~re\WPDOCS\LOAN DOC\MCGRAW HILL\certifofcomp[.mem.doc
Prepared By: Pamela Myhre 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 March 27, 2002 as Instrument Number 5896-
02 in the office of the County Recorder of Dubuque County, State of Iowa, has
conveyed to Giese Properties, L.L.C. (the "Grantee"), in accordance with a
Development Agreement dated as of March 4, 2002, by and among the Grantor, the
Grantee and Giese Manufacturing Company, Inc. (the "Agreement"), certain real
property located within the Dubuque Industrial Center Urban Renewal District of the
Grantor and as more particularly described as follows:
Lot 6 of Dubuque Industrial Center West, City of Dubuque, Dubuque County,
Iowa (the "Development Property"); and
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 covenants and conditions 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 and that the provisions for forfeiture of title and right to re-entry for breach
of the condition subsequent by the Grantor contained therein are hereby released
absolutely and forever terminated insofar as they apply to the land described herein.
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 of the
satisfactory termination Of the covenants and conditions 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:
Terrance M. Duggan, Mayor
By:
Jeanne F. Schneider, City Clerk
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE )
On this day of ,2003, before me a Notary
Public in and for said County, personally appeared Terrance M. Duggan 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~Prnyhre\WPDOCS\LOANDOC\Geise~certofcomp.r[f
Notary Public in and for
Dubuque County, Iowa
Br~n J. Ka~e
Gary K. Norby
Les V. Reddlck*
D. FI[ut Drake**
Brad J. Heying
Todd L. Stevenson*
MaryBeth Pfeiler Fleming
Kevin T. Deeny
All admitted hx Iowa
*ALso admitted in Illinois
**ALso admitted in Wiscomin
KANE, NOR_BY & REDDICK, P.C,
ATTORNEYS
2 oo SBmY 2
vwvq ,
September 3, 2003
Of counsel:
Louis P. Pfeiler
Phone: (563) 582-7980
Facsimile: (563) 582-5312
E-mail: gaorby@kanenorbyhw.com
Mr. Barry A. Lindahl
Corporation Counsel
Harbor View Place, Suite 330
300 Main Street
Dubuque, IA 52001
Re: Giese Properties, L.L.C. Development Agreement
Dear Barry:
Last year we worked with you and Bill Baum concerning the
Development Agreement entered into with Giese Properties, L.L.C.
and Giese Manufacturing Company. Section 2.4 of the Development
Agreement indicates that Giese Properties, L.L.C. may request a
certificate of completion from the City. If the City finds
everything in order, the City is then required to provide our
client with such a certificate in recordable form. The certificate
of completion shall expressly waive all rights of reversion or
reinvestment of title in the City.
We are now requesting that the City provide such a
certificate.
Thank you, Barry.
Sincerely yours,
KANE, NORBY & REDDICK, P.C.
GKIq:sp
cc Mr. Marvin Heiderscheit
Mr. William J. Baum
I \
25991-03
7113 SEP 19 Ali 1 l : 30
KATHY F LYHH ?tiUBL.OW
RCORDR
DUBUQUE CO.,IOWA FEES,
Prepared By: Pamela Myhre 50 West 13'h 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 March 27, 2002 as Instrument Number 5896-
02 in the office of the County Recorder of Dubuque County, State of Iowa, has
conveyed to Giese Properties, L.L.C. (the "Grantee"), in accordance with a
Development Agreement dated as of March 4, 2002, by and among the Grantor, the
Grantee and Giese Manufacturing Company, Inc. (the "Agreement"), certain real
property located within the Dubuque Industrial Center Urban Renewal District of the
Grantor and as more particularly described as follows:
Lot 6 of Dubuque Industrial Center West, City of Dubuque, Dubuque County,
Iowa (the "Development Property"); and
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 covenants and conditions 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 and that the provisions for forfeiture of title and right to re-entry for breach
of the condition subsequent by the Grantor contained therein are hereby released
absolutely and forever terminated insofar as they apply to the land described herein.
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 of the
satisfactory termination of the covenants and conditions of said Deed and the
Agreement which would result in a forfeiture by the Grantee and right of the Grantor to
r
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:
zA)
7:-1)
Jeanne F. Schneider, City Clerk
STATE OF IOWA
) SS
COUNTY OF DUBUQUE )
CITY OF DUBUQUE, IOWA
By:
errance M. Dugg. ', Mayor
On this A-2 day of , 2003, before me a Notary
Public in and for said County, personally appeared Terrance M. Duggan 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.
KAREN M. L.HLSTERMAN
COMMrS`:;Ir1Fh NO. 108258
!AY i'OM!v; & iQ EXPIRES
F:IUSERS1Pmyhre\WPDOCS\LOANDOC\Geise\certofcomp.rtf
Notary Public in and for
Dubuque County, Iowa