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Flynn Ready Mix_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 Flynn Ready -Mix Concrete Co. DATE: December 13, 2011 Dubuque knerd All- America City 'I'll®, 2007 Economic Development Director Dave Heiar recommends City Council approval of a Certificate of Completion for Flynn Ready -Mix Concrete Co. 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 Masterpiece on the Mississippi Dubuque kiftd All America City 111111 2007 December 12, 2011 TO: Michael Van Milligen, City Manager FROM: David Heiar, Economic Development Director SUBJECT: Certificate of Completion for Flynn Ready -Mix Concrete Co. INTRODUCTION This memorandum provides for City Council review and approval of a Certificate of Completion for Flynn Ready -Mix Concrete Co. The Development Agreement of October 16, 2000 by the City and Flynn Ready -Mix Concrete Co. (Developer) stipulated that a Certificate of Completion would be issued to the Developer upon the completion of the Minimum Improvements (building construction, interior improvements and site work). DISCUSSION The minimum improvements for the building were completed some time ago. The company has now 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. On review of the Developer's obligations in the project, staff finds that the minimum improvements 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 City Manager to sign the Certificate on behalf of the City. F \USERS\Econ Dev\Flynn Ready Mix\20111212 Certificate of Completion Memo doc Prepared by and to be returned to: John C. O'Connor, O'Connor & Thomas, P.C., Roshek Building, 700 Locust St., Suite 200, Dubuque, IA 52001 (563) 557 -8400 SPACE ABOVE THIS LINE FOR RECORDER CERTIFICATE OF COMPLETION The City of Dubuque, Iowa (hereinafter the "City ") hereby certifies that the "Minimum Improvements" required in the Development Agreement, dated October 16, 2000, by and between the City and Flynn Ready -Mix Concrete Company, a/k/a Flynn Ready - Concrete Co., have been satisfied and the City waives all rights of revestment of title in the City. STATE OF IOWA ) ) ss: COUNTY OF DUBUQUE ) THE CITY Ofl- By: QUE, IOWA el C. VanMilli en Ci Mich g City Manager This instrument was acknowledged before me on i/ Michael C. Van Milligen; as the City Manager for the City of Dubuque, KEVIN S. FIRNSTAHL COMMISSION NO.745295 MY 1( MISS/0 ly/ EXPIRES Notary 'lib Page 1 of 1 , 2011 by, wa. is in and for said State