McLeod USA Network ServicesTFiE CITY OF
` Dus E MEMORANDUM
December 21, 2006
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Certificate of Completion for McLeodUSA Network Services, Inc.
Economic Development Director David Heiar recommends City Council approval of the
issuance of a Certificate of Completion for McLeodUSA Network Services, Inc. in the
Dubuque Technology Park 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.
~2~-/~~~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Heiar, Economic Development Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 18, 2006
TO: Michael Van Milligen, City Manager
FROM: David Heiar, Economic Development Director ~~~ .
SUBJECT: Certificate of Completion for McLeodUSA Network Services, Inc.
INTRODUCTION
This memorandum provides for City Council review and approval of a Certificate of
Completion for McLeodUSA Network Services, Inc. in the Dubuque Technology Park.
The Development Agreement of August 24, 1998 by and between the City and
McLeodUSA Network Services, Inc. stipulated that a Certificate of Completion would be
issued to the Developer upon the completion of the Minimum Improvements (building
construction, interior improvements, site work and off street parking).
DISCUSSION
The minimum improvements have been completed. 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 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:\USERSWdejong\PMyhre\WPDOCS\LOANDOC\MCLEOD\Cert of Comp Memo.doc
Prepared By: David J. Heiar 50 West 13'b 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 August 28, 1998 as Document Number
1998-00013591 in the office of the County Recorder of Dubuque County, State of Iowa,
has conveyed to McLeod USA Network Services, Inc. (the "Grantee"), in accordance
with a Development Agreement dated as of August 24, 1998 (the "Agreement"), certain
real property located within the Dubuque Industrial Center South (Dubuque Technology
Park) Economic Development Urban Renewal District of the Grantor and as more
particularly described as follows:
Lot 3, Block 1 of Dubuque Technology Park, in the City of Dubuque, Dubuque
County, Iowa, together with all easements, tenements, hereditaments, and
appurtenances belonging thereto
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; and
NOW, THEREFORE, pursuant to Section 2.4 of the Agreement, this is to certify
that all agreements and covenants 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 agreements and covenants are
hereby terminated. 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 agreements and covenants 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 January, 2007, 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