Bonson Block, 356 Main St._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 356 Main Street - Bonson Block
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 356 Main Street — Bonson Block acknowledging that their
obligations to construct Minimum Improvements at 356 Main Street have been met.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
duat4A., krt., italy,
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 19, 2012
TO: Michael Van Milligen, City Manager
FROM: David Heiar, Economic Development Director
SUBJECT: Certificate of Completion for 356 Main Street — Bonson Block
INTRODUCTION
This memorandum provides for City Council review and approval of a Certificate of
Completion for 356 Main Street — Bonson Block in Dubuque. The Development
Agreement of December 19, 2011 by and between the City and 356 Main Street —
Bonson Block (Developer) stipulated that a Certificate of Completion would be issued to
the Developer upon the completion of the Minimum Improvements (building
rehabilitation and interior 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 rehabilitation of this
property at 356 Main Street, staff finds that the minimum improvements are complete
(see attached Letter of Completion from Building Services Department).
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 \356 Main Street- Bonson Block\20121119 Certificate of Completion Memo.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 "),
has granted incentives to Bonson Block, LLC (the "Grantee "), in accordance with a
Development Agreement dated as of December 19, 2011 (the "Agreement "), located
within the Greater Dubuque Urban Renewal District of the Grantor, a Memorandum of
which was recorded on December 28, 2011 as Document Number 2011 - 00020089 in
the office of the County Recorder of Dubuque County, State of Iowa, and as more
particularly described as follows:
The southerly 42 and 8 /12ths feel of Lot 11 in the City of Dubuque, Iowa,
according to the United States Commissioners' Map of the Town of
Dubuque, Iowa. The real estate conveyed herein is also described as the
south two thirds (2/3) of city Lot 11 in the city of Dubuque
; and
WHEREAS, said Agreement incorporated and contained certain covenants and
conditions with respect to the rehabilitation 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 2.5 of the Agreement, this is to certify
that all covenants and conditions of 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 satisfied.
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 satisfaction of the covenants and conditions as set forth in said
Agreement, and that the Agreement shall otherwise remain in full force and effect.
(SEAL)
ATTEST:
By:
CITY OF DUBUQUE, IOWA
Kevin . Firnstahl, City Clerk
STATE OF IOWA
) SS
COUNTY OF DUBUQUE )
On this day of , . 66111.1 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.
PAMELA J. McCARRON
Commission Nurnbcr 772419
My Comm. Exp_
'� stz6i
Notary Publ
Dubuque C
and for
nty, Iowa
C:\ Users \bfuglsan\AppData \Local \Temp\XPgrpwise \Certificate of Completion Bonson.doc
2
Masterpiece oil the Mississippi
Building Services Department
50 West 13th Street
Dubuque, IA 52001 -4805
Dubuque
Iltd
uamrwart
1111 1.'
2007
Letter of Completion
' 'Date:
April 18, 2012
Permit Number:
B11-4073
Address:
356 MAIN ST DBQ
Permit Holder:
3 FORWARDS LLC
Owner:
3 FORWARDS,LLC
Gerald P. Stoffel
Office (563) 589 -4156
jstoffel@cityofdubuque.org
Description:
Complete renovation of 1st floor for future restaurant and future office. 2nd and
3rd floors for four dwelling units each floor. Install an elevator.
Type.of,Construction,& Use:
Type III -B Const. Mixed Occupancy Groups A -2, B, M & R -2
To Whom It May Concern:
As a result of the final inspections completed upon the above captioned facility,
constructed under the provisions of the 2009 Edition of the International Building
Code, you are advised that the project described at this premise complies with
the ordinances governing building construction in the -City of Dubuque and is
hereby approved for Permanent Occupancy.
Gerald P. Stoffel
Plans Examiner / Building Inspector