Loading...
Approving a Subordination Agreement with Masterpiece Properties, LLC and Mound City BankCity of Dubuque City Council PUBLIC HEARINGS # 4. Copyrighted January 5, 2026 ITEM TITLE: Resolution Approving a Subordination Agreement by and between the City of Dubuque, Iowa, Masterpiece Properties, LLC, and Mound City Bank SUMMARY: Proof of publication on notice of public hearing to consider City Council adopt the attached Resolution approving a Subordination Agreement by and between the City of Dubuque, Iowa, Masterpiece Properties, LLC, and Mound City Bank, and City Manager recommending approval. RESOLUTION Approving A Subordination Agreement By And Among The City Of Dubuque, Iowa, Masterpiece Properties, LLC, And Mound City Bank For Interest In City Properties Located At 675 W 3rd Street And 677 W 3rd Street SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. MVM Memo 2. 675 W 3rd Staff Memo 3. 675 & 677 W 3rd PH Resolution 4. Agreement Page 517 of 567 Dubuque THE CITY OF uFA�a9a av DuBE 13 Masterpiece on the Mississippi zoo�•*o rP PP 2017202019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Resolution Approving a Subordination Agreement by and between the City of Dubuque, Iowa, Masterpiece Properties, LLC, and Mound City Bank. DATE: December 29, 2025 Interim Housing & Community Development Director is recommending City Council adopt the attached Resolution approving a Subordination Agreement by and between the City of Dubuque, Iowa, Masterpiece Properties, LLC, and Mound City Bank. Masterpiece Properties LLC, operated by local owner Joshua Jansen, intends to refinance the properties located at 675 and 677 W 3rd Street. Mound City Bank is financing the real estate transaction and requires a first secured position of repayment. Since the City Mortgage was recorded in 2023, the City would automatically be moved to the first secured position upon the original mortgage payoff. Historically, the City has consented to subordinating its secured position behind a primary lender. The primary lender will have a higher loan amount and therefore, more risk associated with its loan. I concur with the recommendation and respectfully request Mayor and City Council approval. Y Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Sandi Fowler, Interim Housing & Community Development Director Page 518 of 567 THE C DUj!B9aTE Masterpiece on the Mississippi Dubuque Housing and Community Development All•A Assisted Housing Program 350 W. 611 Street, Suite 312 Dubuque, IA 52001 2007<2012<2013 EOPPORTUNSTY 2017*2019 Office (563) 589-4230 TO: Michael C. Van Milligen, City Manager FROM: Sandi Fowler, Interim Housing and Community Development Interim Director SUBJECT: Resolution Approving a Subordination Agreement by and between the City of Dubuque, Iowa, Masterpiece Properties, LLC, and Mound City Bank. DATE: January 5, 2026 INTRODUCTION This memorandum is a request for the City Council to adopt the attached Resolution approving a Subordination Agreement by and between the City of Dubuque, Iowa, Masterpiece Properties, LLC, and Mound City Bank. BACKGROUND The City of Dubuque, Iowa (City), and Masterpiece Properties, LLC, operated by a local owner, Joshua Jansen, entered into a Lead and Healthy Homes Program Agreement dated April 14, 2022 for a $40,250 loan for the property located at 675 W 3rd Street, and an additional agreement dated May 11t", 2023 for a $43,875 loan for the property located at 677 W 3rd Street. As collateral for the construction work, Masterpiece Properties, LLC, granted to the City a mortgage for each property. The Mortgage for property located at 675 W 3rd was recorded on October 10, 2023, as Instrument No. #20230009650 and the Mortgage for property located at 677 W 3rd was recorded on November 12, Ato] OLF. 0Miii r,=, i 0rwd1Y1Z'190 ]11*10-I:1 DISCUSSION Masterpiece Properties LLC, operated by local owner Joshua Jansen, intends to refinance the properties located at 675 and 677 W 3rd Street. Mound City Bank is financing the real estate transaction and requires a first secured position of repayment. Since the City Mortgage was recorded in 2023, the City would automatically be moved to the first secured position upon the original mortgage payoff. Historically, the City has consented to subordinating its secured position behind a primary lender. The primary lender will have a higher loan amount and therefore, more risk associated with its loan. Service People Integrity Responsibility Innovation Teamwork Page 519 of 567 RECOMMENDATION I recommend, following the public hearing, the City Council adopt the attached Resolution approving the Subordination Agreement by and between the City of Dubuque, Iowa, Masterpiece Properties, LLC, and Mound City Bank. Prepared by Nicole Lytle, Grants Project Manager, 350 W 6th Street, Dubuque, IA 52001, (563)589-4230 Service People Integrity Responsibility innovation Teamwork Page 520 of 567 Prepared by Nicole Lytle Grants Project Manager, 350 W 6th Street Dubuque IA 52001 (563) 589-4230 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13m St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 9-26 APPROVING A SUBORDINATION AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IOWA, MASTERPIECE PROPERTIES, LLC, AND MOUND CITY BANK FOR INTEREST IN CITY PROPERTIES LOCATED AT 675 W 3RD STREET AND 677 W 3RD STREET WHEREAS, the City of Dubuque, Iowa, (City) and Masterpiece Properties, LLC previously entered into a Lead and Healthy Homes Program Agreement dated April 14, 2023 and May 11, 2023 (the Agreements) for the lead remediation and healthy homes construction work of 675 W 3rd and 677 W 4rd (the Projects) legally described as follows: E. 20.5' OF LOT 2 PROSPECT HILL W. 20.5' OF LOT 2 PROSPECT HILL in the City of Dubuque (the Properties); and WHEREAS, the Agreements include the award of $40,250 and $43,875 Lead and Healthy Homes Mortgage (the Loans) for the purpose of providing safer and healthier living for low to moderate income residents; and WHEREAS, the Project meets the requirements of the Loan; and WHEREAS, as security for the Loan, Masterpiece Properties, LLC previously granted to City a mortgage on the Property (the City Mortgage); and WHEREAS, Masterpiece Properties, LLC intends to assign its right to take title to the Property to Masterpiece Properties, LLC pursuant to an Assignment of Development Agreement and Assignment and Assumption Agreement related to the Loan -land WHEREAS, Masterpiece Properties, LLC in the Assignment of Lead and Healthy Homes Agreement and Assignment and Assumption Agreement agrees to be bound by all of the terms and conditions of the Lead and Healthy Homes Agreement and the Loan; and WHEREAS, Mound City Bank is financing the refinance of the Property for Masterpiece Properties, LLC which includes a mortgage (the Mound City Bank Mortgage) and requires that the City Mortgage be subordinate to the Mound City Bank Mortgage pursuant to a Subordination Agreement; and WHEREAS, the City Council, by Resolution No. 397-25, declared its intent to approve the Subordination Agreement by and among the City of Dubuque, Iowa, Masterpiece Properties, LLC, and Mound City Bank; and Whereas, pursuant to published notice, a public hearing was held on the proposed Assignment of Development Agreement on January 5, 2026.; and Whereas, it is the determination of the City Council that approval of the Subordination Agreement by and among the City of Dubuque, Iowa, Masterpiece Properties, LLC, and Mound City Bank, according to the terms and conditions set out in the Subordination Agreement, is in the best interests of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Subordination Agreement by and among the City of Dubuque, Iowa, Masterpiece Properties, LLC, and Mound City Bank is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Subordination Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Subordination Agreement as herein approved. Passed, approved and adopted this 5th day of January, 2026. i Brad M. Cave , Mayor Attest: -, Adrienne N. Breitfelde , City Clerk Prepared by and return to: Nicole Lytle, City of Dubuque Housing and Community Development ,350 W 6'h St. Ste 312, Dubuque, Iowa, 52001; 589-1724 Subordination Agreement This Subordination Agreement ("Agreement") is made as of January 5, 2026, by and between The City of Dubuque, Iowa, an Iowa municipal corporation ("City"), and Masterpiece Properties, LLC, an Iowa limited liability company ("Borrower"). RECITALS A. Borrower is the owner of the real property located at 675 W 3rd Street, Dubuque, Iowa ("Property One") and 677 W 3rd Street, Dubuque, Iowa ("Property Two") (collectively, the "Properties"). B. The City and Borrower entered into a Lead and Healthy Homes Program Agreement dated April 14, 2022, pursuant to which the City provided a loan in the principal amount of Forty Thousand Two Hundred Fifty Dollars ($40,250) for Property One. C. The City and Borrower entered into an additional Lead and Healthy Homes Program Agreement dated May 11, 2023, pursuant to which the City provided a loan in the principal amount of Forty -Three Thousand Eight Hundred Seventy -Five Dollars ($43,875) for Property Two. D. As security for repayment of the above -referenced loans, Borrower executed and delivered to the City: 1. A Mortgage encumbering Property One, recorded on October 10, 2023, as Instrument No. 20230009650 in the Office of the Dubuque County Recorder; and 2. A Mortgage encumbering Property Two, recorded on November 12, 2024, as Instrument No. 202400010799 in the Office of the Dubuque County Recorder (collectively, the "City Mortgages"). E. Borrower has obtained or is in the process of obtaining financing from Mound City Bank ("Senior Lender"), which financing will be secured by a mortgage or mortgages on the Properties (the "Senior Mortgage"), F. As a condition of such financing, Mound City Bank has required that the City subordinate the lien priority of the City Mortgages to the lien priority of the Senior Mortgage. G. The City is willing to subordinate its lien position from first lien priority to second lien priority, subject to the terms and conditions of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Subordination The City hereby subordinates the lien priority of the City Mortgages to the lien priority of the Senior Mortgage. Upon recording of the Senior Mortgage, Mound City Bank shall constitute a first lien on the Properties, and the City Mortgages shall constitute second liens, subject to the terms of this Agreement. Page 523 of 567 2. No Other Modification Except for the subordination of lien priority expressly set forth herein, all terms, conditions, rights, and obligations of the City Mortgages and the underlying Lead and Healthy Homes Program Agreements shall remain unchanged and in full force and effect. 3. No Waiver Nothing in this Agreement shall be deemed a waiver of any rights or remedies of the City under the City Mortgages or the related loan agreements, except as to lien priority. 4. Representations Borrower represents and warrants that: • Borrower is the lawful owner of the Properties. • Borrower has full authority to execute this Agreement; and • This Agreement does not violate any other agreements affecting the Properties. 5. Binding Effect This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 6. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. 7. Recording This Agreement may be recorded in the Office of the Dubuque County Recorder. Borrower shall be responsible for all recording fees. SIGNATURES CITY OF DUBUQUE, IOWA By: = ' Name: l��c�� 6ne�yonC4 0 Title:��%G� Date: n�Ivn��, MASTERPI E PROP IES, LLC By: N �e:c1 Title: Date: c) STATE OF IOWA COUNTY OF DUBUQU On this � day of Q , 20-2(4 before me, a Notary Public in and for the State of Iowa, personally appeared Joshua Jansen, known to me or satisfactorily proven to be the person who executed the foregoing instrument as an authorized member or manager of Masterpiece Properties, LLC, and acknowledged that the same was executed as the voluntary act and deed of said limited liability company. KARA MAXWELL NotaryPublic in and for the State f Iowa Notarial Seal - Iowa Commission Number 861233 My Commission Expires: 12 17 a aa-7 My Commission Expires Dec 17, 2027 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 12/19/2025 and for which the charge is 32.12 7 Subscribed to before me, a No nary Public in and for Dubuque County, Iowa, this 19th day of December, 2025 K 4 Notary in and for Dubuque County, Iowa. ' Pp,IAC 0 JANET K. PAPE T. Commission Number 199659 My Commission Expires 12/11/2028 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on the 5th day of January, 2026, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council proposes to approve a Subordination Agreement by and among the City of Dubuque, Iowa, Masterpiece Properties, LLC and Mound City Bank for interest in properties located at 675 and 677 W 3rd Street. At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. The official City Council agenda will be posted the Friday before the meeting and will contain public input options. The agenda can be accessed at https://dubuqueia.portal.civicclerk.com/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments on the public hearing may be submitted to the City Clerk's Office by email at ctyclerk@cityofdubuque.org or by mail to City Hall, 50 W. 13th St., Dubuque, IA 52001, before the scheduled hearing. The City Council will review all written comments at the time of the hearing. Documents related to the public hearing are on file in the City Clerk's Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals requiring special assistance should contact the City Clerk's Office as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the 15th day of December 2025. Adrienne N. Breitfelder, CMC, City Clerk It 12/19