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McGraw-Hill Companies, Inc._Certificate of CompletionTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Certificate of Completion for McGraw Hill Companies, Inc. DATE: November 26, 2012 Dubuque kital All- America City II 111! 2012 Economic Development Director Dave Heiar recommends City Council approval of a Certificate of Completion for McGraw Hill Companies, Inc. acknowledging that their obligations to construct Minimum Improvements (building construction, interior improvements, and site improvements in the Port of Dubuque) have been met. I concur with the recommendation and respectfully request Mayor and City Council approval. btitt44 kr,„709,,, Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager David Heiar, Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM November 20, 2012 TO: Michael Van Milligen, City Manager FROM: David Heiar, Economic Development Director SUBJECT: Certificate of Completion for McGraw Hill Companies, Inc. INTRODUCTION This memorandum provides for City Council review and approval of a Certificate of Completion for McGraw Hill Companies, Inc. in Dubuque. The Development Agreement of June 19, 2006 by and between the City and McGraw Hill (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 improvements). DISCUSSION The developer has requested the issuance of the Certificate of Completion. The issuance of a Certificate waives all rights 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 and the City's financial participation in construction of this property by McGraw Hill, 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 Mayor and City Clerk to sign the Certificate on behalf of the City. F: \USERS \Econ Dev \McGraw Hill 2\20121120 Certificate of Completion MEMO - McGraw Hill.doc Prepared By: David J. Heiar 50 West 13th Street Dubuque, IA 52001 563 - 589 -4393 Return to: David J. Heiar 50 West 13th 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 (the "Deed ") recorded on June 28, 2006 as Instrument Number 2006 - 00010387 in the office of the County Recorder of Dubuque County, State of Iowa, has conveyed to The McGraw -Hill Companies, Inc. (the "Grantee "), in accordance with a Development Agreement dated as of June 19, 2006, and as amended by the First amendment to Development Agreement, by and among the Grantor, and the Grantee (collectively, the "Agreement "), certain real property located within the Greater Downtown Urban Renewal District of the Grantor and as more particularly described as follows: Part of Lot 1 of Riverwalk Sixth Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record (the "Development Property "); and WHEREAS, said Deed incorporated and contained certain covenants and conditions with respect to the development of the Development Property, and obligated the Grantee to construct certain Minimum Improvements 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; and NOW, THEREFORE, pursuant to Section 10.4 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 to the satisfaction of the Grantor 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 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: By: Key Firnstahl, City STATE OF IOWA ) SS COUNTY OF DUBUQUE ) CITY OF DUBUQUE, IOWA Bv: Roy D. Buol, Mayor On this ar-8 day of . ecet.,.,,6c,,,- 2012, before me a Notary Public in and for said County, personally appeared Roy D. Buol and Kevin S. Firnstahl 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. TRISH L. GLEASON Commission Number 719986 � �� �Q � My Commission Expires Notary Public in and for Dubuque County, Iowa