Loading...
Subord Agree Main St 101-123TO: MEMORANDUM September 9, 2003 The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Subordination Agreement Premier Bank for Anthony Kemp and William Bardck CDBG Loan #2-96 for 101-123 Main Street Economic Development Director Bill Baum recommends City Council approval of a Subordination Agreement with Premier Bank related to the City's mortgage interest in property located at 101-123 Main Street associated with Anthony Kemp and William Barrick's $100,000 Community Development Block Grant Loan that was used to rehabilitate the property, and that a public hearing be set for October 6, 2003. In 1996 the City provided a $100,000 loan (15 year term at 3% interest) to Sidney and Colleen Wallace to renovate property they owned at 1st and Main Street. The City had a first mortgage position with that loan. On Mamh 6, 2000, the City approved an assumption agreement that allowed Kemp and Bardck to assume the City loan when they pumhased the commercial building from the Wallaces. Kemp and Barrick's outstanding debt to the City is approximately $76,000. Premier Bank is requesting the City subordinate its existing mortgage interest to allow the bank to refinance the property with Kemp and Barrick. The current owners intend to buy out a third-party investor, pay off another outstanding loan on the property and invest $92,000 in building renovations. An August 28, 2003 appraisal commissioned by the bank indicates the existing value of the building to be $410,000, which is great than the outstanding combined bank and City debt. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment CC' Michael C. Van Milligen Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager William Baum, Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM September 8, 2003 TO: FROM: SUBJECT: Michael Van Milligen, City Manager William Baum, Economic Development Director Subordination Agreement Premier Bank for Anthony Kemp and William Barrick CDBG Loan #2-96 for 101-123 Main Street INTRODUCTION This memorandum requests that the City Council set a public hearing on a subordination agreement with Premier Bank. The subordination agreement relates to the City's mortgage interest in property associated with Anthony Kemp and William Barrick's $100,000 Community Development Block Grant Loan #2-96 that was used to rehabilitate property located at 101-123 Main Street. A resolution setting the public hearing for October 6, 2003 is attached. BACKGROUND In 1996, the City provided a $100,000 loan (15 year term at 3% interest) to Sidney and Colleen Wallace to renovate property they owned at 1st and Main Street. The City had a first mortgage position with that loan. On March 6, 2000, the City approved an assumption agreement that allowed Kemp and Barrick to assume the City loan when they purchased the commercial building from the Wallace's. Kemp and Barrick's outstanding debt to the City is approximately $76,000. DISCUSSION A letter dated September 8, 2003 from Premier Bank is attached hereto requesting the City subordinate its existing mortgage interest to allow the bank to refinance the property with Kemp and Barrick. The current owners intend to buyout a third party investor, pay off another outstanding loan on the property and invest $92,000 in building renovations. An August 28, 2003 appraisal commissioned by the bank indicates the existing value of the building to be $410,000 which is greater 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 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 October 6, 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 Premier Bank. ACTION STEP The action step for the City Council is to adopt the attached resolution. attachmen~ F:\USERS~Pm~hre\WPDOCS~LOANDOC\kernp&barrick\sub 1 .mern,doc PREMIER BANK Expect the Best. September 8. 2003 Pam Myhre Economic Development Planner The City of Dubuque 50 West 13th Street Dubuque, IA 52001 Re: Bill Barrick and Tony Kemp Refinance Panl~ As you are aware from our various phone conversations, Bill Barrick and Tony Kemp are in the process of refinancing their commercial property located at the comer of 1s' and Main Street, Dubuque, with Premier Bank. As such, Premier Bank is requesting The City of Dubuque to subordinate their mortgage to Premier Bank on the subject property. Shown below is the approximate sources and uses of funds relating to the refinanmng and the loan-to-appraised value of the property based on the new appraisal. Sources and Uses of Funds Sources: Premier Bank Real Estate Loan Total Sources $307,500 $307,500 Uses; Buyout Third Party Investor Cash for Building Renovations PayoffFiffh Third Bank 1sI REM Total Sources 5175,000 92,000 40,500 $307,500 Loan-to-Appraised Value Loans: Premier Bank City of Dubuque Total Loans $307,500 76,000 $383,500 Appraised Value: Tom Kane Appraisal Appraised value $410,000 $410,000 WEST SIDE OFFICE · 1975 JFK Road - P.O. Box 420 · Dubuque, Iowa 52004-0420 · Telephone 563-588-1000 · ]:ax 563-588-3352 DOWNTOWN OFFICE · 9th & Iowa Streets- P.O. Box 420 · Dubuque. Iowa 52004-0420 · Telephone 563-690-1000 · Fax 563-690-0070 www. premierbanking.com Member FDIC Page 2 Barrick and Kemp Premier Bank LTV City of Dubuque LTV 75.00% 93.54% Enclosed for your records is a recent copy of the appraisal for the subject property completed by Tom Kane. Please feel free to call me at 588-1000 with any questions. Sincerely, Darin P. Fischer Senior Vice President Premier Bank RESOLUTION NO. 328-03 RESOLUTION DECLARING THE INTENT OF THE CITY OF DUBUQUE, IOWA, TO SUBORDINATE A MORTGAGE INTEREST IN CERTAIN REAL ESTATE Whereas, Anthony Kemp and William Barrick assumed a Real Estate Mortgage made to the City of Dubuque, Iowa ("City"), filed October 4, 1996, as Instrument No. 11847-96, in connection with Community Development Block Grant Loan #2-96 from City;, and Whereas, Lot 80 and the South 1 and 5/12 feet of Lot 79 in the City of Dubuque, Dubuque County, Iowa, is the real estate parcel described in said ~Vbrtgage; and Whereas, City and Premier Bank both have Mortgage interests in the above-described real estate; and Whereas, Premier Bank requests that the City subordinate its Mortgage interest in the above-described real estate to Premier Bank's interest to allow Anthony Kemp and William Barrick to refinance their propertywith the bank; and Whereas, the City Council has determined that the execution of a subordination agreement with Premier Bank 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 Premier Bank with regard to the above-described Mortgage on the following described real estate located in the City of Dubuque, Iowa: Lot 80 and the South I and 5/12 feet of Lot 79 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 headng to be held on October 6, 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 ofthe real estate interests herein described. Passed, adopted and approved this 15th day of September 2003. ~/,-~zlz~ Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk F:\USERS\Pm~hre\WPDOCS~OANDOC~kemp&barrick~subsetPh.res-doc