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Adams Co. completion DICW Dli~~E ~cIk-~ MEMORANDUM February 13, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Certificate of Completion for The Adams Company Project Economic Development Director David Heiar recommends City Council approval of the issuance of a Certificate of Completion for the Adams Company project 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. AA{;*r!W~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager David Heiar, Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM February 6, 2006 FROM: Michael Van Milligen, City Manager David Heiar, Economic Development DirectorCb~. Certificate of Completion for The Adams Company Project TO: SUBJECT: Introduction This memorandum provides for City Council review and approval a Certificate of Completion for The Adams Company project in the Dubuque Industrial Center West. The Development Agreement of May 19, 2003 by and between the City and The Adams Company (Developer) 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 has 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 and the City's financial participation in the relocation of this company, staff finds that the project is 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. attachment F:IUSERSIPMyhreIWPDOCSILOANDOCladams\certifofcompl.mem.doc Prepared by: Pamela Myhre City Hall, 50 West 13'h Street Dubuque, IA 52001 Return to: same 563-589-4393 CERTIFICATE OF COMPLETION WHEREAS, the City of Dubuque, Iowa, a municipal corporation (the "Grantor"), by a Special Warranty Deed recorded on November 4, 2003 as Instrument Number 29543-03 in the office of the County Recorder of Dubuque County, State of Iowa, has conveyed to The Adams Company (the "Grantee"), in accordance with a Development Agreement dated as of May 19, 2003, by and between the Grantor and the Grantee (the "Agreement"), certain real property located within the Dubuque Industrial Center Urban Renewal District of the Grantor and as more particularly described as follows: Lots 4 and 5 of Dubuque Industrial Center West 2nd Addition, 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 By: Roy D. Buol, Mayor ATTEST: By: Jeanne F. Schneider, City Clerk STATE OF IOWA ) ) SS COUNTY OF DUBUQUE ) On this day of , 2006, before me a Notary Public in and for said County, personally appeared 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. Notary Public in and for Dubuque County, Iowa F:IUSERSIPMyhreIWPDOCSILOANDOCladamslcertofcomp.rtf