Loading...
subordination, mortgagePrepared bT: James D. Burke 50W. 13~ S~ee~Dubuque, IA52001 (319) 589-4393 RESOLUTION No. 12-00 RESOLUTION AUTHORIZiNG A SUBORDiNATION AGREEMENT iN REGARD TO A MORTGAGE INTEREST IN CITY LOT 29, CITY LOT 30 AND SOUTH 1/3 OF CITY LOT 31 iN ORIGINAL TOWN, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to Resolution and published notice of time and place of hearing, the City Council of the City of Dubuque, Iowa, met on January 17, 2000, to consider the proposal to dispose of interest in certain real estate by executing a Subordination Agreement for a Real Estate Mortgage filed November 16, 1998, as Insmunent No. 18110-98, as to the following described real estate: City Lot 29, City Lot 30 and the south 1/3 of City Lot 31 in Original Town, City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council overruled any and all objections, oral or written, to dispose of interests of the City of Dubuque, Iowa, in the hereinabove real estate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Subordination Agreement attached hereto is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute said Subordination Agreement on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk is hereby authorized and directed to deliver the executed Subordination Agreement and a certified copy of this Resolution to the Iowa Department of Economic Development. Passed, approved and adopted this 17th day of January 29, 2000. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk SUBORDINATION AGREEMENT THIS AGREEMENT made this 12th day of November 1999 by and between The City of Dubuque (hereafter "Community") and the Iowa Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa 50309 (hereafter "Department"). WHEREAS, the Community has entered into a Loan Agreement with Cottinqham and Butler Insurance Services, Inc. (hereafter "Borrower") in the principal amount of $ ~nn. nnn and Borrower has issued a Note in favor of the Community which is secured by a Mortgaqe covering certain premises (as described in Attachment A, hereafter "Property"); and WHEREAS, Borrower has requested a loan from Department; and WHEREAS, Department will not make a loan to Borrower or accept the Property as security for the loan unless the Community executes this Subordination Agreement; NOW, THEREFORE, the Department and Community agree as follows: 1. Description of Community's Interest. a. Loan Aqreement. The Community has entered in Loan Agreement Number np~ p #3-98 with Borrower dated November 13,98, in the principal amount of $ 300.000 , with interest at 3 % per annum. b. Note. Borrower has issued a Note of even date with the Loan Agreement identified above and secured the Note with the Property (as described in Attachment A and hereby incorporated by this reference). c. Security. The Note is secured by a mortqaqe dated 11-16-98 and recorded at Dubuque County Recorder on November 16 199~8. #18110-98 2. Description of Department's Interest. a. Loan. The Bank will loan to Borrower the principal sum of $90,000. The Department's loan is identified as 99-CEBA-25. b. Security. The Department's loan is to be secured by a mortgage covering the Property. 3. Subordination. The Community's interest in the Property shall be subordinate to the Department's interest. 4. Miscellaneous. Latest Revision: 7/20/93 a. Term of Aqreement. This Subordination Agreement commences on its date and continues until the Department's loan to Borrower, as described herein, has been paid in full. b. Notice. Department shall give prompt written notice to Community of any default of Borrower in obligations of Borrower under the loan agreement. Department shall also provide Community with written notice of Borrower's payment in full of the loan. c. Bindin~l Effect This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors, and assigns. d. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. e. Amendment. This Agreement may only be changed by a written amendment signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the aforementioned date. Community: By: /s/ Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk DEPARTMENT: By: Attest: Kenneth H. Boyd, Program Manager Signature Latest Revision: 7/20/93 EXHIBIT A Legal Description of Secured Property: CL 29, CL 30 and S 1/3 -CL 31 in Original Town, City of Dubuque, Dubuque County, Iowa. Latest Revision: 7/20/93 CITY OF DUBUQUE, IOWA MEMORANDUM January 13, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Subordination Agreement--Cottingham & Butler Insurance Service, Inc., CEBA Loan Agreement #99-CEBA-25 As part of a 890,000 Iowa Department of Economic Development (IDED) Community Economic Betterment Account (CEBA) loan to Cottingham & Butler, Inc. for job creation, Community and Economic Development Director Jim Burke is recommending that the City subordinate its security interest on a $300,000 Downtown Rehabilitation Loan Agreement on the property at 800 Main Street. I concur with the recommendation and respectfully request Mayor and City Council approval. M~chael C Van Mdl~gen MCVM/dd Attachment CC; Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: January 12, 2000 sen~ City Manager q~ B'ur~ce, Community & Economic Development Director Subordination Agreement Cottingham and Butler Insurance Service, Inc. CEBA Loan Agreement #99-CEBA-25 INTRODUCTION This memorandum requests that the City Cotmcil approve a subordination agreement with Iowa Department of Economic Development (IDED). The subordination agreement relates to the Community Economic Betterment Account (CEBA) Loan Agreement #99-CEBA-25 with 1DED and Cottlngham and Butler. DISCUSSION A CEBA Loan Agreement of $90,000 was executed with the Iowa Department of Economic Development and Cottingham and Butler on March 18, 1999. As part of this loan agreement, the City agreed to subordinate its security interest on a $300,000 Downtown Rehabilitation Loan Agreement (DRLP #3-98) with Security Partners aka Cottingham and Butler. The Downtown Loan was executed in November, 1998 and was secured by a mortgage on the building and land at 800 Main Street. The Council had previously set a public hearing on the matter for January 17, 2000. Because a mortgage constitutes an interest in a particular piece of real estate, approval of a subordination of that mortgage is treated as a disposition of public property. State law requires that before a city may dispose of public property it must hold a public hearing. RECOMMENDATION I recommend that the City Council adopt the attached resolution authorizing the Mayor and City Clerk to sign the subordination agreement with the Iowa Department of Economic Development. attachments Prepared by: Aggie Kramer, Community Development Specialist