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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