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Henry Stout Pl Encroach LicenseMEMORANDUM January 14,2003 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Encroachment License for Henry Stout Place Housing and Community Development Department Director David Harris is recommending City Council approval of an amendment to the irrevocable license of encroachment in the public right-of-way for Henry Stout Place Apartments to include an encroachment for a set of steps on the Iowa Street sidewalk. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director CITY OF DUBUQUE, IOWA MEMORANDUM 10 January 03 To: Mike Van Milligen, City Manager From: David Harris, Housing and Community Development Department Re: Encroachment license for Henry Stout Place Introduction The purpose of this memorandum is to request the City Council's approval of an amendment to the irrevocable license of encroachment in the public right-of-way for Henry Stout Place Apartments. Discussion The City council previously granted a license to MDI Limited Partnership #47 (MetroPlains Development) for encroachments in the public right-of-way for Henry Stout Place (formerly the Iowa Inn). This included for the front steps at the Ninth Street sidewalk and the fire escape on the alley (west) side. The survey also noted the presence of a third encroachment, at the Iowa Street sidewalk. This is another set of steps. However, this was not included in the license. For this reason, MDI has requested that the license be amended to correct the deficiency. Action Step The action requested of the City Council is to approve the attached irrevocable license and authorize the Mayor's signature. LICENSE AUTHORIZING MDI LIMITED PARTNERSHIP #47 TO MAINTAIN ONE EXISTING SET OF STEPS ON PUBLIC RIGHT OF WAY Section 1. MDI Limited Partnership #47 as the owner of the premises, (Licensee), known as Cornerstone Apartments in Dubuque, Iowa, and legally described as South % of Lot 167, Lot 168 and Lot 168A, in the City of Dubuque, Iowa accordin.q to the United States Commissioners Map thereof, be and is hereby granted an Irrevocable License and authority to construct and maintain one set of existinq steps, (Encroachment) (see attachment for location) under the terms and conditions set forth in this License. Section 2. The permission herein granted is expressly conditioned on Licensee's agreement to: Assume any and all liability for damages to persons or property which may result from the existence, location, installation construction or maintenance of said Encroachment; and Procure and maintain in force dudng the term of this License a policy of liability insurance as set forth in the attached Insurance Schedule; and Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said Encroachment sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of Encroachment and to pay reasonable attorney fees therefor; and Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injudes to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of Encroachment. Section 3. That said Encroachment shall be maintained in accordance with all applicable state and federal laws and regulations and the Ordinances of the City of Dubuque. Section 4. Licensee covenants and agrees that the Irrevocable License herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said Encroachment and Licensee hereby covenants and agrees not to assert such claim or defense against the City of Dubuque ~n the event of claim asserted for death, personal injuries and/or properly damage against Licensee ansmg out of or in any way connected with the location, installation, construction, design, repair and maintenance of the Encroachment. Section 5. This Irrevocable License shall become effective and the rights hereunder accrue to Licensee when this License has been approved by the City Council and the terms and conditions thereof accepted by Licensee by acceptance endorsed on this License. Section 6. That the City Clerk be and she is authorized and directed to file at Licensees' expense a copy of this License ~n the Office of the Recorder in and for Dubuque County, Iowa. Section 7. Iowa One-Call registration may be required by the Code of Iowa. When applicable, Licensee shall submit documentation to the City Engineer of the Iowa One-Call membership. Signed this day of ,2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE The undersigned, being duly authorized to execute this Acceptance on behalf of MDI Limited Partnership #47, and having road and being familiar with the terms and conditions of the Irrovocable License, hereby, for themselves, its successors or assigns, as owners of the abutting property, accepts the same and agroe to be bound by the terms and conditions therein contained to be performed by MDI Limited Partnership #:47. MDI Limited Partnership #47 Signature By: Rob McCready Title: Vice President Dated: January 13, 2003 JAN-09-2003 17:07 FROM:OBB HOUSING SERUICES 3195894244 T0:6516468947 P.002/002 EXHIBIT A SECOND AMENDED AND RESTATED PROMISSORY NOT MDI LIMITED PARTNERSHIP, 047 $165,000.00 WHEREAS. lVI~I LIMITL~) PARSNIP #4? executed a Promissory Note dated tu[y 26. 2001, in conee~ a Loan Agreement with the CITY OF I~UBUQUE, IOWA; WHEREAS,. MD[ LIMITED PARTi~RSH]P #47 executed a First Amended and Rt~teted Promissory Note effective as of July 26, 2001; WI-IEtLEAS, the Partner dcsincs to r~st~te and amend the Promissory Note as follows: FOP. VALUE RI~CEI~, the midersigned Partnership. MDI L]lVlITED PARTNERSHIP #47, ("Pannorsh promises to pay to the order of ~ CITY OF DUBUQUE, IOWA. a municipal co--on ("City'), the priooip am0um of One Hundred SLxty Ftvo Tho~and and 00/l oO ($165,000,00) dolla~, a~cording to the terms of the a Loan Agreement dated as of die 26~ day ~ July 2001 and amy amendments vhereto ("Loan Agreement"), as folh Tim City agrees to loan to Partnership the amount of $165,000,00 fi`(mi CDBG ~mds, The term of die loan is ti (20) years, No interest va'Il be charged for the first five years. Beghning on July 1, 2007 the loan will tm amen 3%. No payments will be required until July 1, 2022 when the total ~nount of the loan will be due and payable. All payments hereunder shall be made in lawful money of the United ~U2s at the administrativ~ offiCeS of thc E Services Department arC,y, m ~t such other place as City may ~rom time to lime in writing designate. Pa~mership may, f~om tim~ to time, prepay al! or any portion Of the principal balance due hereunder without per without consent of Cily, This Promissory Note is made, e~eouted and delivered in aceotdanee with and subject tO aU at'the terms and pr, of the Loan Ag~ment, entered into and betw~n Partnm~hip. as bormwe~, and City, as lender, This Promissm s0cured by a mort~t~!e on real estate owned bY Partnership as dcteiled in tho attached Real Estate Mortgage. 1~ tho event of a default in !!~ of anY installment of principal required hereunder, or in the event of oacum an act of de,auk under Paragraph 10 0t' the Loan Agreement or any mortgage Or security agreement between tb then. written notice of said duflmit shall be 8ivan by City m Partnership, and Partnership shall have tho time such agresment if anY is specked, to cure said default. If default is not ourad by P~-*mcrship within the time all City may, at its Option declar~ d~ ~ir.e unpaid amount to be immediately du,e and payable. Priocipal not paid shall drew ~ntcrcet at a rate of five percent (5%) per annum. Pm~'nership a~ees to pay all expenses of collectiol includi:rig reasonable attorney*S ~, ooort costs, abs~'actin§ costs, storage costs, costs of d~sposition o~ collate any and all other related and incidental C~Xpenses thereto, all of whioh shall fu, st be deducted fi`om the proeccds foreclosure. No~a~hetending anythlqg to the ~antrary in this Note or any mor,,gage, security agreement or any other dooum executed in coan~*tinn herewith (the '~L~n I~m~mts'~), neither the undersigeed~ aw panners, owner, memhe affiliate of 1}la und~siined or ~ny d~drd party shal! hevc any pe~sooal liability for any amounts Owing under this the Loan Documents, and in the event ~'any default under this Nme., -,he holders shall look solely to the proport covered by tho m0rt~age or the Loan Docm, am~ and shah not be entitled tO seek any deficiency from thc undersi any pan'~er, owner member or affiliate of the undcoi~ned, or any third person. Makers, endors~ and sureties waive demand of payment, notice of nonpayment, protest and notice therenf. St endorsers and ~uarantors #gree to all of the provisions of this Note and Consent that the time oF times for payme~ or any part hereof may bo extended after maturity, from time to r~l~ withou~ notice, MDI LIMITED PARTNERSHIP, an Iowa L .iqited Partnmhip ~ Propert~s, Inc., General hrtner Al~st: co , ,, E aesiqg &ions i , lqom LsI pnrti~, tied in ;h~n: ~1, and ' !'~ale'or, ~lote m': pad or ~t of,all, STATEMENT OF ENCROACHMENTS [] THE FiRE ESCAPE ENCROACHES WESTERLY OVER THE PROPERTY UNE BY ~THOUT ANY KNOWN PERMiSSiBLE '~ PCC S~PS ~CROACH EAS~RLY O~R ~E PROPER~ LINE BY ~.0 FT. ~'~;-~E EAS~ PROPER~ LINE ~T ANY KNO~ PERMISSIBLE RI~T. [] THE PCC 'STEPS ENCROACH SOIJTHERLY OVER THE PROPERTY LINE ST 5,0 FT, ON 'R,-IE SOUTHERLY PROPERTY IJNE ~THOUT ANY KNOWN PERMISSIBLE RIGHT, -tL .,LD y . 2084-03 %0�3 JAI 24 PM 2: 18 hATHY FLYNN THURLC ➢? COUNTY RECORDER DUBUQUE CO..100 FEES Prepared by: David Harris, 1800 Central Avenue, Dubuque, IA 52001; 563-589-4239 ,31)oQ LICENSE AUTHORIZING MDI LIMITED PARTNERSHIP #47 TO MAINTAIN ONE EXISTING SET OF STEPS ON PUBLIC RIGHT OF WAY Section 1. MDI Limited Partnership #47 as the owner of the premises, (Licensee), known as Cornerstone Apartments in Dubuque, Iowa, and legally described as South'/ of Lot 167, Lot 168 and Lot 168A, in the City of Dubuque, Iowa according to the United States Commissioners Map thereof, be and is hereby granted an Irrevocable License and authority to construct and maintain one set of existing steps, (Encroachment) (see attachment for location) under the terms and conditions set forth in this License. Section 2. The permission herein granted is expressly conditioned on Licensee's agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said Encroachment; and b. Procure and maintain in force during the term of this License a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said Encroachment sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of Encroachment and to pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of Encroachment. Section 3. That said Encroachment shall be maintained in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. LICENSE AUTHORIZING MDI LIMITED PARTNERSHIP #47 TO MAINTAIN ONE EXISTING SET OF STEPS ON PUBLIC RIGHT OF WAY Section 1. MDI Limited Partnership #47 as the owner of the premises, (Licensee), known as Cornerstone Apartments in Dubuque, Iowa, and legally described as South'/2 of Lot 167, Lot 168 and Lot 168A, in the City of Dubuque, Iowa according to the United States Commissioners Map thereof, be and is hereby granted an Irrevocable License and authority to construct and maintain one set of existing steps, (Encroachment) (see attachment for location) under the terms and conditions set forth in this License. Section 2. The permission herein granted is expressly conditioned on Licensee's agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said Encroachment; and b. Procure and maintain in force during the term of this License a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said Encroachment sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of Encroachment and to pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of Encroachment. Section 3. That said Encroachment shall be maintained in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 4. Licensee covenants and agrees that the Irrevocable License herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said Encroachment and Licensee hereby covenants and agrees not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against Licensee arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the Encroachment. Section 5. This Irrevocable License shall become effective and the rights hereunder accrue to Licensee when this License has been approved by the City Council and the terms and conditions thereof accepted by Licensee by acceptance endorsed on this License. Section 6. That the City Clerk be and she is authorized and directed to file at Licensees' expense a copy of this License in the Office of the Recorder in and for Dubuque County, Iowa. Section 7. Iowa One -Call registration may be required by the Code of Iowa. When applicable, Licensee shall submit documentation to the City Engineer of the Iowa One -Call membership. Signed this 20th day of January , 2003. T- rance M. Duggan, M Att t: i----./;(,196') eanne F. Schneider, City Clerk ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE The undersigned, being duly authorized to execute this Acceptance on behalf of MDI Limited Partnership #47, and having read and being familiar with the terms and conditions of the Irrevocable License, hereby, for themselves, its successors or assigns, as owners of the abutting property, accepts the same and agree to be bound by the terms and conditions therein contained to be performed by MDI Limited Partnership #47. MDI Limited Partnership #47 Signature By: Rob McCready Title: Vice President Dated: January 13, 2003 STATEMENT OF ENCROACHMENTS ^I THE FIRE ESCAPE ENCROACHES WESTERLY OVER THE PROPERTY LINE BY 4.9 FT. WITHOUT ANY KNOWN PERMISSIBLE RIGHT. E PCC STEPS ENCROACH EASTERLY OVER THE PROPERTY LINE BY 3.0 FT. ON THE EAST PROPERTY LINE WITHOUT ANY KNOWN PERMISSIBLE RIGHT. THE PCC STEPS ENCROACH SOUTHERLY OVER THE PROPERTY LINE BY 3.0 FT. ON THE SOUTHERLY PROPERTY LINE WITHOUT ANY KNOWN PERMISSIBLE RIGHT. \ / C 0 PREP 1103 5 FA-'6a0N©0 51 uN� F i a \ \\ \ \ `'anJAN, 22. 2003'' 9:34AM '4rEMETRO, PLAINSmily Insurance 612-738-0(N0, 879 CERTIFICATE OF LIABILITY INSURANCE American Family Insurance Company American Family Mutual Insurance Company if selection box IS not checked. 6000 American Pky Madison, Wisconsin 53783.0001 Agents Name. Address and Phone Number yegtfDi$t.) Lin don Reber Agency (015/073) 1800 Wooddale Dr Ste 200 Woodbury, MN 55125 651.738-4811 Insured's Name and Address: MDI LIMITED PARTNERSHIP #47 C/O GARSTEN PERENNIAL MGMT CORP 1600 UNIVERSITY AVE W STE 310 ST PAUL, MN 55104 This certificate is Issued as a matter of information only and confers no rights upon the Certificate Holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. COVERAGES P.02 This is to cee7-fy that policies of insurance IiSted below have been Issued to the insured named above for the policy period in Cared, notwithstanding any requirement, terrn or condition of any contract or other document with rospect to Which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such • Iicies. TYPE OF INSURANCE Homeowners/ Mobilehomeowners Liability aoarawnets Liability Personal Umbrella Liability Farm!Ranch Liability Workers Compensation and Employers Liability + POLICY NUMBER POLICY TYPE Effective (Mo,Day,Yr) Expiration (Mo,Day,Yr) LIMITS OF LIABILITY Bodily Injury and Property Damage Each Occurrence General Liability ® Commercial General Liability (occurrence) 14-X39113 eusfnessownere Liability Liquor Liability 7/23/2002 Bodily Injury and Property Damage Each Occurrence Bodily Injury and Propeny Damage Each Occurrence Farm & Personal Liability Each Occurrence Farm Employer's Liability Each Occurrence Statutory • • • • Each Accident Disease - Each Employee Disease - Palley Limit General Aggregate $ 2,000,000 7/23/2003 Products - Completed Operations Aggregate $ 2,000,000 Personal and Advertising Injury $ 1,000,000 Each Occurrence $ 1,000,000 Damage to Premises Rented to You S 100,000 Medical Expense (Any One Person) $ 5,000 Each Occurrence + + Aggregate + + Automobile Liability [] Any Auto Q Ail Owned Autos Q Scheduled Autos Q Hired Autos ❑ Nonowned Autos Eseess Liability ® Commercial Blanket Excess Other (Miscellaneous Coverages) 33-X03187 12131/2002 12/31/2003 DESCRIPTION OF OPERATIONS/LOCATfONSNEHiCLES/RESTRICTIONS/SPECIAL ITEMS 125 W NINTH ST DUBUQUE DUBUQUE CO IA CERTIFICATE H "S''NAille AND AD1 TS ADDITIONAL INsUREp; CiTY OF DUBUQUE 1805 CENTRAL AVENUE DUBUQUE, IA 52001 U-201 Ed. 05/00 Common Cause Limit Aggregate Limit Bodily Injury - Each Person Bodily Injury - Each Accident Property Damage Bodily Injury & Property Damage Combined Each Occurrence/Aggregate $ 5,000.000 The -individual or partnere shown as Insured erected to be covered as employees under lhls policy. + ProductreCompieted Operations aggregate is equal to each occurrence !imil and Is included in policy apiaegate, OR GINAL - Card Cate Cq CELLATIPN Snould any of the above described policies be canceled before the expiration date thereof, the company wig endeavor to mall -( 30 days) written notice to the Certificate Holder named, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, ire agents or representatives, *10 days unless different number el days shown. ❑ Thls certifies coverage on the date of issue only. The above described Policies are subject to cancellation in conromdty with their terms and by the laws of the state of Issue. DATE ISS-GED a1/20/30 A � HORIZED REPRESENTATIVE > � F) 0 der, COPIES to Services, insured gent Smelt No. 06658 ,.JanJAN. 22. 20039:34AM '°''METRO. PLAINSmilY Insurance 612-738-1:'N0. 879 P. 3 P-03 EVIDENCE OF PROPERTY INSURANCE American Family IrStrance Company 0 American Family Mutual Insurance Company If selection box is not checked. 8000 American Parkway, Madison, Wtsoonsin 53783-0001 Agent's Name, Address, and Phone Number Undo,' Reber Agency 1800 wooddale Dr Ste 200 Woodbury, MN 55125 651.738-4811 (AgL/DIat.) 015/073 insured's Name and Address; MDI LIMITED PARTNERSHIP f147 CFO CARSTEN PERENNIAL MGMT CORP 1 600 UNIVERSITY AVE W STE 310 ST PAUL, MN 55104 -, PROPERTY LOCATION 125 W NINTH ST DUBUQUE DUBUQUE CO IA THIS IS EVIDENCE THAT THE COMPANY INDICATED HAS THE FOLLOWING INSURANCE IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRMLEGES AFFORDED UNDER THE POLICY. Polley Number 14-X39113 Effective Date (MM/DD/W Expiration Date (MM/DD/YY) V23/2002 7123/2003 * T1 INFQRMA N ' PROPERTY DESCRipTION (For Business Insurance Only, Indicate # Of Stones, Construction, Use or Occupancy, Equipment Description/Serial fi) Personal Lines - Property Policy Type ❑ H01 ❑ GS ❑ MH01 ❑ 1102 ❑ HOB ❑ MH03 ID H03 ❑ CV1 0 DP 01 ❑ H04 ❑ CV3 El DP 02 Amount of Insurance ❑ BO ❑ FRO1 0 FRO2 ❑ FRo3 ❑ FRO4 COVERAGES Fann/Ranch Lines Policy Type ❑ FRO5 ❑ FRO9 ❑ FRMH01 ❑ FRMH03 Cov. A Dwelling $ Cov. B Pers, Property $ Cov. B Other SttucL (Flue & E.C.) $ Cov. C Pers. Prop. (Fire & E.C_) $ Boatowners - Sect. I S Other $ Amount of insurance Cov. A Dwelling Cov. 5 Pers. Property Sec, III Pers. Prop. Blanket Sec. III Schedule Sec. IV Outbldgs. Other: Deductible Deductible Sec I Deductible Sec. ill Deductible Sec. IV t tidfrit Special Co Business Insurance Po cy Type Form Buslnessowners ❑ Business Key (I Property (] Inland Marine ❑ Named Peril 0 Basic 0 broad ® Special Amount of InSurance Building $ 2,740,000 Bus, Pers. Property $ Other: LOSS OF BUSINESS INCOME -ACTUAL LOSS SUSTAINED $ Deductible - Bldg. Deductible - Bus. Pers. Prop. Deductible: bn ndoraements) 500 S $ EFFECTIVE' C`ATIVRENEWAL OF" C EJ NCE 1.. 1- EFFECTIVE DATE - Date additional interest is added. RENEWAL OF COVERAGE 1 CANCELLATION - This policy may be continued for successIve policy periods by payment of the required premium on or before the effective date of each renewal period. If this policy is terminated, the company will give the additional interest identified below written notice. The delivery of this notice shall be subject to the laws of the state where thls policy is issued. We will provide the insurance described In this policy in return for your premium payment and compliance with policy provisions. ' The Ex 'ration Date Is Changed to read "UNTIL CANCELLED-. CITY OF DUBUQUE 1805 CENTRAL AVENUE DUBUQUE, IA 52001 01(20/03 TO AGENT; It Is very important that you mall a copy to American Family on the day issued, along with the 0,200 Ed_ II96 ORIGINAL-Additiond Interest, COPIES to Setv{ces, Insured, Agent iNATURE, OF I TER ❑ Mortgagee ❑ Lose Payee E ADDITIONAL INSURED Loan Number: DATE ISSUED ORIZED RE NTATJ p (Cation. Stock No. D6654 JRN-09-2003 17:07 FROM:DBQ HOUSING SERUICES 3195894244 T0:6516468947 P.002/002 EXHIBIT A SECOND AMENDED AND RESTATED PROMISSORY NOTE MDI LIMITED PARTNERSHIP, #47 $165,000.00 WHEREAS, MD! LIMITED PARTNERSHIP #47 executed a Promissory Note dated July 26, 2001, in corn on with, a Loan. Agreement with the CITY OF DUBUQUE, IOWA; WHEREAS, MDi LIMITED PARTNERSHIP #47. executed a First Amended and Restated Promissory Note effective as of July 26, 2001; WHEREAS, the Partner hip desires to restate andamend the Promissory Note as follows: FOR VALUE RECEIVED, the undersigned Partnership, MDI LIMITED PARTNERSHIP 047, ("Partnersh p"), promises to pay to the order of the CITY OF DUBUQUE, IOWA, a municipal corporation ("City"), the princip '1 amount of One Hundred Sixty Five Thousand and 00/100 ($165,000.00) dollars, according to the terms of the a ached Loan Agreement dated as of the 26t° day of July 2001 and any amendments thereto ("Loan Agreement"), as fol.i ws: The City agrees to loan to Partnership the amount of $165,000,00 from CDBQ funds. The term of the :loan is t enty (20) years, No interest will be charged for the first five years. Beginning on July 1, 2007 the loan will be amort zed at 3%. No payments will be required until July 1, 2022 when the total amount of the loan will be due and payable. All payments hereunder shall be made in lawful money of the United States at the administrative offices of the I-1 °using Services Department of City, or at such other place as City may from time to time in writing designate. Partnership may, from time to time, prepay all or any portion of the principal balance due hereunder without pe alty and. without consent of City. This Promissory Note is made, executed and delivered in accordance with and subject to all of the terms and pro `lions of the Loan Agreement, entered into and between Partnership, as borrower, and City, as lender, This Promisso Note is secured by a mortgage on. real estate owned by Partnership as detailed in the attached Real Estate Mortgage. In the event of a default in payment of any installment of principal required hereunder, or :in the event of occun-. ce of an act of default under Paragraph 1.0 of the Loan Agreement or any mortgage or security agreement between the parties, then written notice of said default shall. be given by City to Partnership, and Partnership shall have the time spec fied in. such agreement if any is specified, to cure said default. If default is not cured by Partnership within the time all ' wed,: City may, at its option declare the entire unpaid amount to be .immediately due and payable. Principal not paid hen duel shall draw interest at a rate of five percent (5%) per annum. Partnership agrees to pay all expenses of col.lectio including reasonable attorney's fees, court costs, abstracting costs, storage costs, costs of disposition of collate ' al, and any and all other related and incidental. expenses thereto, all of which shall first be deducted from the proceeds o : sale or foreclosure. Notwithstanding anything to the contrary in this Note or any mortgage, security agreement or any other docu.m -u executed in connection herewith (the "Loan Documents"), neither the undersigned, any partners, owner, member or affiliate of the undersigned or any third party shall have any personal liability for any amounts owing under this ote of the Loan 'Documents, and in the event of any default under. this Note, the holders shall look solely to the prope covered by the mortgage or the Loan Document and shall not be entitled to seek any deficiency from the tinders!' . ed or any partner, owner member or affiliate of the undersigned, or any third person. Makers, endorsers and sureties waive demand of payment, notice of nonpayment, protest and notice thereof. SU eties,, endorsers and guarantors agree to all of the provisions of this Note and consent that the time or times for payme t of all or any part hereof may be extended after maturity, from time to time, without notice. MDI LIMITED PARTNERSHIP, #47 an Iowa Limited Partnership MetroPlains Properties, Inc., General Partner By: Attest: State of K, County if,.kyv`,,e. KRISTEN J. GAVIN NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 1-31-2005 IIVVVVVVIVVIANYVVVVVVVVVINYVVVVVVVII Term. Expires: \ — ?a \ cT c S v0� 166 0 AE5k PK\5 GO PN 005 P & lg. GOV . BvN Qp�C13g9i P`GPS�WE L/ NPtGP GpS �P�FtP 6 PAR STATE/ OF IOWA GRAPHIC SCALE IN FEET I 0 5,000 10,000 / p0 VICINITY MAP SURVEY SITE CHICAGO, CENTRAL k PACIFIC R.R. STATE OF ILLINOIS LMOCO IL CO. tosimmumidai iimmommalfilapi iammammar 11111111111111111111111111111y STATE OF IOWA 1 Gy - SEWER UN S�ORM� i — i OUND SET UND " FOUND 1ND ONCRETE DNCRETE 15.0�ME eh SEWER E I°�5Qj O/-/\/�SOR� o. F \NE. 6 PCK OF OVNOi \ y\ MP�N ��NEi BEN R° / G� 10 Oo\s1 6 ., - \G ` i / � � .� P LPN � P � � �`� -- 56F PEE MO\- C STATEMENT OF ENCROACHMENTS -Al THE FIRE ESCAPE ENCROACHES WESTERLY OVER THE PROPERTY LINE BY 4.9 FT. WITHOUT ANY KNOWN PERMISSIBLE RIGHT. IT1 THE PCC STEPS ENCROACH EASTERLY OVER THE PROPERTY LINE BY 3.0 FT. ON THE EAST PROPERTY LINE WITHOUT ANY KNOWN PERMISSIBLE RIGHT. C. THE PCC STEPS ENCROACH SOUTHERLY OVER THE PROPERTY LINE BY 3.0 FT. ON THE SOUTHERLY PROPERTY LINE WITHOUT ANY KNOWN PERMISSIBLE RIGHT. ZONING DATA EXCEPTIONS OF CITY OF DUBUQUE ZONING REGULATIONS SECTION 3.2.1 ZONING CLASSIFICATION: "OR", OFFICE RESIDENTIAL DISTRICT. BULK REGULATIONS: THE FOLLOWING REQUIREMENTS SHALL PROVIDE FOR LIGHT AND AIR AROUND PERMITTED USES AND BUILDINGS IN THE BC DISTRICT: 1. LOT AREA: 5,000 SQ. FT. 2. LOT FRONTAGE: 50 FT. 3. COVERAGES AS % OF LOT AREA: 50 % 4. FRONT YARD SETBACK: 20 FT. 5. SIDE YARD SETBACK: 3 FT. (PLUS 1 ADDN. FT. PER FLOOR ABOVE 2ND FLOOR) 6. REAR YARD SETBACK: 20 FT. 7. BUILDING HEIGHT: 40 FT. OFFSTREET PARKING: THE FOLLOWING OFFSTREET PARKING REQUIREMENTS SHALL APPLY IN THE "OR" OFFICE RESIDENTIAL DISTRICT, REFERENCED TO SECTION 4.2; 0.75 (THREE -FOURTHS) SPACES FOR EACH PERSON OR TENANT THE SUBJECT PROPERTY'S USE OF PARKING SPACES AND BULK REGULATION VIOLATIONS, ARE A LEGAL NON -CONFORMING USE OF THE SITE. THE SUBJECT PROPERTY'S ZONING CLASSIFICATION AND USAGE, WAS VERIFIED FOR THIS UP -DATE ON NOVEMBER 14, 2002, WITH NO CHANGES NOTED. SOURCE OF ZONING INFORMATION: MR. GUY HEMENWAY, ASSISTANT PLANNER CITY HALL, 50 WEST 13TH STREET DUBUQUE, IOWA 52001 PHONE: (319) 589-4210 FLOOD NOTE: BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS IN FLOOD HAZARD ZONE "X" OF THE FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 195180 0003, WHICH BEARS A REVISION DATE OF SEPTEMBER 6, 1989, AND IS NOT IN A SPECIAL FLOOD HAZARD AREA. BY TELEPHONE CALL DATED: NOVEMBER 14, 2002, TO THE NATIONAL FLOOD INSURANCE PROGRAM (800-638-6620). WE HAVE LEARNED THIS COMMUNITY DOES CURRENTLY PARTICIPATE IN THE PROGRAM. NO FIELD SURVEY WAS PERFORMED TO DETERMINE THIS ZONE AND AN ELEVATION CERTIFICATE MAY BE NEEDED TO VERIFY THIS DETERMINATION OR APPLY FOR A VARIANCE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY. J ZONING DATA EXCEPTIONS OF CITY OF DUBUQUE ZONING REGULATIONS SECTION 3.2.1 ZONING CLASSIFICATION: "OR", OFFICE RESIDENTIAL DISTRICT. BULK REGULATIONS: THE FOLLOWING REQUIREMENTS SHALL PROVIDE FOR LIGHT AND AIR AROUND PERMITTED USES AND BUILDINGS IN THE BC DISTRICT: 1. LOT AREA: 5,000 SQ. FT. 2. LOT FRONTAGE: 50 FT. 3. COVERAGES AS % OF LOT AREA: 50 % 4. FRONT YARD SETBACK: 20 FT. 5. SIDE YARD SETBACK: 3 FT. (PLus 1 ADDN. FT. PER FLOOR ABOVE 2ND FLOOR) 6. REAR YARD SETBACK: 20 FT. 7. BUILDING HEIGHT: 40 FT. OFFSTREET PARKING: THE FOLLOWING OFFSTREET PARKING REQUIREMENTS SHALL APPLY IN THE "OR" OFFICE RESIDENTIAL DISTRICT, REFERENCED TO SECTION 4.2; 0.75 (THREE —FOURTHS) SPACES FOR EACH PERSON OR TENANT THE SUBJECT PROPERTY'S USE OF PARKING SPACES AND BULK REGULATION VIOLATIONS, ARE A LEGAL NON —CONFORMING USE OF THE SITE. THE SUBJECT PROPERTY'S ZONING CLASSIFICATION AND USAGE, WAS VERIFIED FOR THIS UP —DATE ON NOVEMBER 14, 2002, WITH NO CHANGES NOTED. SOURCE OF ZONING INFORMATION: MR. GUY HEMENWAY, ASSISTANT PLANNER CITY HALL, 50 WEST 13TH STREET DUBUQUE, IOWA 52001 PHONE: (319) 589-4210 FLOOD NOTE: BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS IN FLOOD HAZARD ZONE "X" OF THE FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 195180 0003, WHICH BEARS A REVISION DATE OF SEPTEMBER 6, 1989, AND IS NOT IN A SPECIAL FLOOD HAZARD AREA. BY TELEPHONE CALL DATED: NOVEMBER 14, 2002, TO THE NATIONAL FLOOD INSURANCE PROGRAM (800-638-6620). WE HAVE LEARNED THIS COMMUNITY DOES CURRENTLY PARTICIPATE IN THE PROGRAM. NO FIELD SURVEY WAS PERFORMED TO DETERMINE THIS ZONE AND AN ELEVATION CERTIFICATE MAY BE NEEDED TO VERIFY THIS DETERMINATION OR APPLY FOR A VARIANCE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY. tALTA/ACSM_NSPS LAND TITLE SURVEY `\ HENRY STOUT SENIOR APARTMENTS MDI LIMITED PARTNERSHIP #47 125 WEST 9TH STREET, DUBUQUE, IOWA THE UNDERSIGNED HEREBY CERTIFIES, AS OF NOVEMBER 16, 2002, TO M.D.I. LIMITED PARTNERSHIP #47, THAT HE IS A DULY LICENSED LAND SURVEYOR IN THE STATE OF IOWA; THAT THIS PLAT OF SURVEY IS MADE IN ACCORDANCE WITH (I) THE MINIMUM STANDARDS ESTABLISHED BY THE STATE OF IOWA FOR SURVEYS AND LAND SURVEYORS AND (II) WITH THE "MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/ACSM—NSPS LAND TITLE SURVEYS", JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND ACSM—NSPS IN 1999 AND (III) PURSUANT TO THE ACCURACY STANDARDS (AS ADOPTED BY THE AMERICAN LAND TITLE ASSOCIATION AND THE AMERICAN CONGRESS ON SURVEYING AND MAPPING WITH THE NATIONAL SOCIETY OF PROFESSIONAL SURVEYORS, AND IN EFFECT ON THE DATE OF THIS CERTIFICATION OF AN URBAN SURVEY; THAT THIS SURVEY CORRECTLY SHOWS THE LOCATION OF ALL BUILDINGS, STRUCTURES AND OTHER IMPROVEMENTS SITUATED ON THE SUBJECT PREMISES; AND THAT, EXCEPT AS SHOWN, THERE ARE NO VISIBLE EASEMENTS OR RIGHTS OF WAY ACROSS SAID PREMISES OR ANY OTHER EASEMENTS OR RIGHTS OF WAY OF WHICH THE UNDERSIGNED HAS BEEN ADVISED, NO PARTY WALLS, NO ENCROAHMENTS ONTO ADJOING PREMISES, STREET, OR ALLEYS BY ANY OF SAID BUILDINGS, STRUCTURES OR OTHER IMPROVEMENTS, AND NO ENCROACHMENTS ONTO SAID PREMISES BY BUILDINGS, STRUCTURES OR OTHER IMPROVEMENTS SITUATED ON ADJOINING PREMISES. BY: l%1v/2.oz" NAME: KIRK D. ESCHLIMAN, P.L.S. IOWA LICENSE NO. 9961 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2003 DATE FIELD SURVEY COMPLETED: NOVEMBER 16, 2002 DATE OF LAST REVISION: N.A. (w Kirk D. *'Eschliman 9961 IOWA„\\`‘ LAND 7,, *_ IOWA — SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. DATE: t14t.(7.4"" KIRK D.ESCHLIMAN, P.L.S. IOWA LIC. NO. 9961 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2003 PAGES OR SHEETS COVERED BY THIS SIGNATURE AND SEAL: 000 LAND, ic,Sv..NNN.b=t \'4 Kirk D. ��°` *'Eschliman * 9961 IOWA SHEET 1 OF 1 CERTIFICATION DEFINED: THE USE OF THE WORD "CERTIFY" OR "CERTIFICATION" BY A LICENSED PROFESSIONAL LAND SURVEYOR, IN THE PRACTICE OF LAND SURVEYING, CONSTITUTES AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THOSE FACTS OF FINDINGS WHICH ARE SUBJECT OF THE CERTIFICATION, AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPUED. *PER SECTION 6735.5 OF THE BUSINESS AND PROFESSIONAL CODE. ›m4 LAND TITLE V 1 L) LTA AGSM NSSURVEY\ 0-4 %APS LAND TITLE PREPARED FOR: METROPLAINS DEVELOPMENT LLC REQUESTED BY: MDI LIMITED PARTNERSHIP #47 C.A.D.D. FILE: 02B99AS1.DWG SHEET NO. 1 OF 1 DATE: NOVEMBER 16, 2002 PROJECT NO. 02B99 .} CI-0 () Z _L 0 a. I LJ C 0 f -- H Z IY WH (() Q �I Q Z 0 — zZ 0 VI >- _1 W r\ IN— i /`GPsv/ r1P.N�P 0 STATE/ OF i CHICAGO, CENTRAL k PACIFIC R.R. STATE OF ILLINOIS GRAPHIC SCALE IN FEET 0 5,000 10,000 i VICINITY MAP SURVEY SITE 111111111111111, ammummumlia- mound%mpss i mummum11111111570 1111111111111111111111111111!�11111111111111111111111111111111, STATE OF IOWA tALTA/AGSM-NSPS LAND TITLE SURVEY \\ HENRY STOUT SENIOR APARTMENTS MDI LIMITED PARTNERSHIP 47 125 WEST 9TH STREET, DUBUQUE,IOWA (TRANSFER DOCUMENT) LEGAL DESCRIPTION: SOUTH 1/2 OF LOT 167; LOT 168 AND LOT 168A, IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE UNITED STATES COMMISSIONERS' MAP THEREOF. AS RECORDED BY WARRANTY DEED DESCRIPTION IN DOCUMENT NUMBER 8823-97 ON AUGUST 5, 1997 AT 11:25 A.M., IN THE DUBUQUE COUNTY RECORDER'S OFFICE, DUBUQUE COUNTY COURT HOUSE, DUBUQUE, IOWA. ELEVATION DATUM: BENCH MARK: ELEVATION 623.8 M.S.L. NADV88 APPROXIMATE CENTERLINE OF WEST NINTH STREET AND IOWA STREET CITY OF DUBUQUE GIS DEDICATED AS YOUNG MEN'S CHRISTIAN ASSOCIATION (1916) EAST BUILDING: LANDING AT: SOUTH DOOR 627.74 FIRST FLOOR 631.57 SECOND FLOOR 642.41 THIRD FLOOR 652.28 FOURTH FLOOR 660.94 TOTAL BUILDING HEIGHT AT SOUTHEAST CORNER: 47.4 FT. WEST BUILDING: GYM FLOOR TRACK ELEVATION THIRD FLOOR FOURTH FLOOR 627.15 638.16 649.62 659.15 BUILDING HEIGHT AT HIGH POINT OF MASONRY: 70.0 FT. BUILDING HEIGHT AT ROOF PEAK AT SOUTH END OF BUILDING: 66.4 FT. BASIS OF BEARINGS: THE BEARING OF S70'04'60"W ALONG THE NORTHERLY RIGHT OF WAY LINE OF WEST NINTH STREET, BEING ALSO THE SOUTH LINE OF THE SUBJECT PROPERTY, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, AS SHOWN ON THIS PLAT, WAS USED AS THE BASIS OF BEARING FOR THIS SURVEY. z WEB SITE: KESS-SURVEY.COM CO N X LL w z 0 0 50703-5811 WATERLOO, IOWA U) O LtJ CC 0 z J J z 0 LJ L_ 0 IZ r Iowa Lic. No. 9961, 723 Broadway Street, Wate Kirk D. Eschliman, P.L. E" "W" "BRG." " Q " R " L " "CHD." "FT." "L.F." "SQ." "D.I.P." "R. C. P." "NAT." "ELEC." "HR." DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: DENOTES: voc GRAPHIC SCALE 20 40 (in feet) 1 Inch = 20 Ft. SYMBOL AND ABBREVIATION LEGEND: NORTH DIRECTION 0.00' DENOTES: SOUTH (DIRECTION) (0.00') DENOTES: EAST (DIRECTION) "*" DENOTES: WEST (DIRECTION) "0" DENOTES: BEARING (ANGULAR MEASUREMENT) "0" DENOTES: DEGREES (ANGULAR MEASUREMENT) "�" DENOTES: MINUTES (ANGULAR MEASUREMENT) "A" DENOTES: SECONDS (ANGULAR MEASUREMENT) '1" DENOTES: DELTA (CURVE MEASUREMENT) 'b" DENOTES: RADIUS (CURVE MEASUREMENT) "x" DENOTES: TANGENT (CURVE MEASUREMENT) DENOTES:" tt LENGTH (CURVE MEASUREMENT) 'YIP""A" DENOTES: CHORD (CURVE MEASUREMENT) 'yI' DENOTES: FOOT OR FEET (LINEAR MEASUREMENT) "A'UX." DENOTES: FEET or FOOT (LINEAR MEASUREMENT) "P.L." DENOTES: INCHES (LINEAR MEASUREMENT) "FC." DENOTES: LINEAL FEET (LINEAR MEASUREMENT) "COR." DENOTES: SQUARE (AREA MEASUREMENT) "HT." DENOTES: DUCTILE IRON PIPE (WATER) "DIA." DENOTES: VITRIFIED CLAY PIPE (SANITARY) "A.C.C." DENOTES: REINFORCED CONCRETE PIPE (STORM) "P.C.C." DENOTES: NATURAL (NATURAL GAS) "BLDG" DENOTES: ELECTRIC "PKG." DENOTES: HOUR 33 RECORD DIMENSION FIELD DIMENSION ASSUMED BEARING SURVEY MONUMENT FOUND 1/2" IRON PIN & CAP SET STONE MONUMENT FOUND CONCRETE MONUMENT FOUND RAIL ROAD SPIKE FOUND RAIL ROAD SPIKE SE' P.K. NAIL FOUND P.K. NAIL SET WATER VALVE FIRE HYDRANT AUXILIARY PROPERTY LINE FENCE CORNER HEIGHT DIAMETER ASPHALTIC CEMENT CONCRETE PORTLAND CEMENT CONCRETE BUILDING PARKING 15.0' t��R, S P s 0 4F� i i� OF C O�ER\\N� 6 j / 0YI0 8EP g0VNOi 6 F� �E P ONE / j//�i SMO��p � / / i i,� OW P ME•.R P G• / i J;� SIGN - \ / 3 C/ /ppO NG / STATEMENT OF ENCROACHMENTS I^ I THE FIRE ESCAPE ENCROACHES WESTERLY OVER THE PROPERTY LINE BY 4.9 FT. WITHOUT ANY KNOWN PERMISSIBLE RIGHT. U THE PCC STEPS ENCROACH EASTERLY OVER THE PROPERTY LINE BY 3.0 FT. ON THE EAST PROPERTY LINE WITHOUT ANY KNOWN PERMISSIBLE RIGHT. IC.I THE PCC STEPS ENCROACH SOUTHERLY OVER THE PROPERTY LINE BY 3.0 FT. ON THE SOUTHERLY PROPERTY LINE WITHOUT ANY KNOWN PERMISSIBLE RIGHT. THE CITY OF DUB E MEMORANDUM January 14, 2003 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Encroachment License for Henry Stout Place Housing and Community Development Department Director David Harris is recommending City Council approval of an amendment to the irrevocable license of encroachment in the public right-of-way for Henry Stout Place Apartments to include an encroachment for a set of steps on the Iowa Street sidewalk. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director CITY OF DUBUQUE, IOWA MEMORANDUM 10 January 03 To: Mike Vat1illigen, City Manager From: David a ris, Housing and Community Development Department Re: Encroachment license for Henry Stout Place Introduction The purpose of this memorandum is to request the City Council's approval of an amendment to the irrevocable license of encroachment in the public right-of-way for Henry Stout Place Apartments. Discussion The City council previously granted a license to MDI Limited Partnership #47 (MetroPlains Development) for encroachments in the public right-of-way for Henry Stout Place (formerly the Iowa Inn). This included for the front steps at the Ninth Street sidewalk and the fire escape on the alley (west) side. The survey also noted the presence of a third encroachment, at the Iowa Street sidewalk. This is another set of steps. However, this was not included in the license. For this reason, MDI has requested that the license be amended to correct the deficiency. Action Step The action requested of the City Council is to approve the attached irrevocable license and authorize the Mayor's signature.