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DB&T - Cooper Devel, Subro AgreMEMORANDUM July 1, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Subordination Agreement Dubuque Bank & Trust for Cooper Development Company's Downtown Rehabilitation Loan Economic Development Director Bill Baum recommends City Council approval of a Subordination Agreement with Dubuque Bank & Trust Company related to the city's mortgage interests associated with Cooper Development Company's $300,000 Downtown Rehabilitation Loan, and that a public hearing be set for July 21,2003. Cooper Development plans to complete renovation of the 3rd and 4th floors, which necessitates increasing its bank loan with Dubuque Bank & Trust. A recent appraisal commissioned by the bank indicates the after-rehab value of the building and improvements will be more than the outstanding combined bank and city debt. 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 William Baum, Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM June 27,2003 TO: FROM: SUBJECT: Michael Van Milligen, City Manager William Baum, Economic Development Director Subordination Agreement Dubuque Bank & Trust for Cooper Development Company's Downtown Rehabilitation Loan INTRODUCTION This memorandum requests that the City Council set a public hearing on a subordination agreement with Dubuque Bank & Trust. The subordination agreement relates to the City's Mortgage interests associated with Cooper Development Company's $300,000 Downtown Rehabilitation Loan. A resolution setting the public hearing for July 21,2003 is attached. BACKGROUND The City provided a $300,000 loan to the Cooper Development Company on August 1, 2003 to assist with the rehabilitation of the former Cooper Wagon Works building at 299 Main Street. As part of the loan agreement, the City accepted a second mortgage interest position on its loan. Dubuque Bank & Trust holds the first mortgage as the primary lender in the project. DISCUSSION A letter dated June 19, 2003 from Dubuque Bank & Trust is attached hereto requesting the City subordinate its existing mortgage interest to allow the bank to increase the amount of its original loan to the company. Cooper Development plans to complete renovation of the 3rd and 4th floors of its building and has requested an increase in its bank loan to $2,050,000. A recent appraisal commissioned by the bank indicates the after-rehab value of the building and improvements will be more than the outstanding combined bank and City debt. Attached to this memorandum is a resolution that initiates the process for approving the subordination agreement. 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. The resolution, therefore, declares the City's intent to subordinate its mortgage interest and sets a date for public hearing on the matter. RECOMMENDATION I recommend that the City Council adopt the attached resolution setting a public hearing for July 21, 2003 on the proposed subordination agreement. At that time, the City Council will be presented with a second resolution authorizing the Mayor to sign the subordination agreement with Dubuque Bank & Trust. attachments F:\USERS\Pm~h re\WPDOCS~LOANDOC\COOPER~subl .mem.doc RESOLUTION NO. 231-03 RESOLUTION DECLARING THE INTENT OF THE CITY OF DUBUQUE, IOWA, TO SUBORDINATE A MORTGAGE INTEREST IN CERTAIN REAL ESTATE Whereas, Cooper Development Company, LLC executed and delivered a Real Estate Mortgage to the City of Dubuque, Iowa ("City'), filed August 3, 2001, as Instrument No. 12323-01, in connection with Downtown Rehabilitation Loan Program #3-01 from City; and Whereas, City Lot 73 (except the southerly 3 inches thereof) in the City of Dubuque, Dubuque County, Iowa, is the real estate parcel described in said Mortgage; and Whereas, City and Dubuque Bank & Trust both have Mortgage interests in the above- described real estate; and Whereas, Dubuque Bank & Trust requires that the City subordinate its Mortgage interest in the above-described real estate to Dubuque Bank & Trust's interest to allow Cooper Development to increase its rehabilitation loan with the bank; and Whereas, the City Council has determined that the execution of a subordination agreement with Dubuque Bank & Trust regarding the above-described real estate mortgage is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That it is the intent of the City Council to execute a subordination agreement with Dubuque Bank & Trust with regard to the above-described Mortgage on the following described real estate located in the City of Dubuque, Iowa: City Lot 73 (except the southerly 3 inches thereof) in the City of Dubuque, Dubuque County, Iowa. Section 2. That the City Clerk is hereby directed to give notice in the manner required by law of a public hearing to be held on July 21,2003 at 6:30 P.M. in the Auditorium of the Carnegie- Stout Public Library, at which time and place all interested parties will be given opportunity to be heard for or against the proposal to dispose of the real estate interests herein described. Passed, adopted and approved this 7th day of July 2003. Terrance M. Duggan, Mayor ATTEST: Jeanne F. Schneider, City Clerk DUBUQUE BANK& TRUST MEMBER HEARTLAND FINANCIAL USA, INC. June 19, 2003 1398 CENTRAL AVENUE · P.O. BOX 778 · DUBUQUE, IA 52004-0775 PHONE(563)589-2000 · TOLL£R£E(800)397-2000 · FAX (563)589-2011 Mr. William Baum Director Economic Development Department City of Dubuque 50 West 13th Street Dubuque, IA 52001 RE: Cooper Development Company Loan Subordination Request Dear Bill: Dubuque Bank & Trust is currently reviewing a request from Cooper Development Company, LLC for additional funds to complete improvements to the 3ra and 4th floors of the old "Cooper Wagon Works" building. The 3ra floor is recently completed and the 4th floor will be renovated into an upscale restaurant. Their request is for the Bank to increase its loan to $2,050,000. Our approval would be subject to the City of Dubuque agreeing to subordinate its current loan in the amount of $300,000 to our new loan amount. A recently completed appraisal indicates a value of $3,040,000 once all improvements are fin/shed. This represents a loan to value of 67% for the Bank and 77% when our two loans are combined. Please advise if the City of Dubuque will require any additional information before considering our request to subordinate your existing loan to our new loan. To date the project has done well and has been well received by the community. We look forward to working with you on this project and on many more projects in the future. Sincerely, Duane T. Frick Vice President Commercial Lending