Certificate of Completion Chavenelle WarehouseTHE CITY OF
DUB E
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MEMORANDUM
March 27, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Certificate of Completion for Chavenelle Warehouse Development, LLC
Economic Development Director David Heiar is recommending approval of the issuance
of a Certificate of Completion to the Developer acknowledging conditional completion of
their obligations to construct Minimum Improvements as stipulated by the Chavenelle
Warehouse Development, LLC Development Agreement for Theisen Supply, Inc.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen \
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Heiar, Economic Development Director
THE CITY OF
DuB E MEMORANDUM
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March 27, 2007
TO: Michael Van Milligen, City Manager
FROM: David Heiar, Economic Development Director
SUBJECT: Certificate of Completion for Chavenelle Warehouse Development,
LLC
INTRODUCTION
This memorandum provides for City Council review and approval of a Certificate of
Completion for Chavenelle Warehouse Development, LLC in the Dubuque Industrial
Center West. The Development Agreement of June 19, 2006 by and among the City,
Theisen Supply, Inc. and Chavenelle Warehouse Development, LLC (Developer)
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 for the building and off street parking 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. Some of the landscaping and site improvements on the property
have not been completed. The following are improvements that still need to be
completed:
1) The site is not seeded or mulched. Sediment control protections should remain
until proper groundcover is established.
2) Additional sediment controls may be required at other locations to keep sediment
from leaving the site.
3) The east end of the sanitary sewer and storm sewer stubs need tobe marked
with a 4x4.
4) Twenty-seven (27) additional trees and ninety-three (93) additional shrubs need
to be planted on the property to comply with the required fifty-eight (58) trees and
ninety-three (93) shrubs on the property.
If the above landscaping and site requirements are not completed by July 1, 2007, then
the certificate shall be null and void.
On review of the Developer's obligations and the City's financial participation in the
project, staff finds that the minimum improvements on the building are complete.
RECOMMENDATION
I recommend issuance of a Certificate of Completion to the Developer acknowledging
conditional 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\DHeiar\Theisen's\Certificate of completion Memo.doc
Prepared By: 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 recorded on September 29, 2006 as Document Number
2006-00015216 in the office of the County Recorder of Dubuque County, State of Iowa,
has conveyed to Chavenelle Warehouse Development, LLC (the "Grantee"), in
accordance with a Development Agreement dated as of June 19, 2006 (the
"Agreement"), certain real property located within the Dubuque Industrial Center West
Economic Development Urban Renewal District of the Grantor and as more particularly
described as follows:
Lot 1 of Lot 2 Dubuque Industrial Center West 5th Addition
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,
excepted as noted below, 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 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 conditionally terminated, subject to the following landscaping and site
requirements which have not been completed as of the date of this certificate:
1) The site is not seeded or mulched. Sediment control protections should remain
until proper groundcover is established.
2) Additional sediment controls may be required at other locations to keep sediment
from leaving the site.
3) The east end of the sanitary sewer and storm sewer stubs need to be marked
with a 4x4.
4) Twenty-seven (27) additional trees and ninety-three (93) additional shrubs need
to be planted on the property to comply with the required fifty-eight (58) trees and
ninety-three (93) shrubs on the property.
If the landscaping and site requirements are not completed by July 1, 2007, then this
certificate shall be null and void.
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 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)
ATTEST:
Y•
Jeanne F. Schneider, City Clerk
STATE OF IOWA )
SS
COUNTY OF DUBUQUE )
CITY OF,DUB000E, IOWA
By:
D. Buol, Mayor
On this ~il~~day of April, 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.
F:\USERS\DHeiar\Theisen'slCertificate of Completion.doc
Notary Public in and for
Dubuque County, Iowa
4~P~~C ~~ KEVIN S. FIANSTAHL
a° ~ COMMISSION N0;745295
MY COMMISSION EXPIRES
'owe 2/12/10