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Greenfield Mortgage ReleaseRESOLUTION NO. 399-00 A RESOLUTION APPROVING THE RELEASE OF REAL ESTATE MORTGAGE FOR PROPERTY LOCATED AT 185 MAIN STREET. Whereas, the City of Dubuque, Iowa, provided a Downtown Rehabilitation Loan to Duaine H. Greenfield and Jane M. Greenfield on July 22, 1998 for the rehabilitation of property located at 190 Main Street; and Whereas, Duaine H. Greenfield and Jane M. Greenfield executed mortgages dated July 23, 1998 for 185 Main as per Instrument No. 11555-98 and for 190 Main as per Instrument No. 11554-98 as security for the Downtown Rehabilitation Loan; and Whereas, Duaine H. Greenfield and Jane M. Greenfield have asked the City to release the mortgage on 185 Main and transfer their entire liability to the mortgage of 190 Main. Whereas, the Release of Real Estate Mortgage, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of the release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Release of Real Estate Mortgage for 185 Main is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Release of Real Estate Mortgage. Passed, approved and adopted this 21st day of August, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk . . . , Preparer Information James A O'Brien Individual's Name 491 W. 4th Street Street Address DubuQue City (319) 556-8552 Phone J.mes A. O'Brien ISBA /I-.lInybamumbe..... SPACE ABOVE THIS UNE FOR RECOROER RELEASE OF REAL ESTATE MORTGAGE The undersigned, the present owner(s) of the mortgage hereinafter described, do hereby acknowledge that a certain mortgage bearing date of the 22nd day of July, 1998, made and executed by DUAINE H. GREENFIELD and JANE M. GREENFIELD to THE CITY OF DUBUQUE, IOWA and Recorded in the records of the office of the Recorder of the County of Dubuque State of Iowa, Instrument No. 11555-98,011 the 23rd day of July, 1998 is released. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. Dated thi~ ~ day of August, 2000. CITY OF DUBUQUE, IOWA Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk STATE OF IOWA ) )SS: COUNTY OF DUBUQUE ) On thi~..-I:f' day of August, 2000, before me a Notary Public in and for the County of Dubuque and State of Iowa personally appeared Terrance M. Duggan and Jeanne F. Schneider, to me personally known, who, being duly sworn did say that the said Terrance M. Duggan is Mayor and the said Jeanne F. Schneider is Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above instrument is the corpomte seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the City of Dubuque, Iowa, by authority of the City Council of said City, and the said Terrance M. Duggan and Jelmne F. Schneider, acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntarily executed. Witness my hand and Notarial Seal on the date last a v written . CITY OF DUBUQUE, IOWA MEMORANDUM August 1 7, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Partial Mortgage Release on Downtown Rehabilitation Loan-- Duaine and Jane Greenfield . As the additional collateral is no longer needed, Community and Economic Development Director Jim Burke is recommending provision for a release of a mortgage on 185 Main Street. This additional security was needed for a Downtown Rehabilitation Loan to renovate the former CinemaX Building located at 1 90 Main Street. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/dd Attachment 0 Cl D o~: :t>o :0 c: c c: ;7 G ) r-Il ( ~ '; C""") -....... -..J r- .-', ~iJ "c6 , ." - Q ~ .......... )> ::::!'! .,- m 0 0 CD .,- U'l cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Jim Burke, Community and Economic Development Director . . . . CITY OF DUBUQUE, IOWA MEMORANDUM August 14, 2000 TO: ~~' City Manager J~S Burke, Community and Economic Development Director Partial Mortgage Release on Downtown Rehabilitation Loan Duaine and Jane Greenfield FROM: SUBJECT: INTRODUCTION This memorandum presents for City Council consideration a request from Duaine H. and Jane M. Greenfield for release of a mortgage on 185 Main. This mortgage is part of the security for a Downtown Rehabilitation Loan Program loan to renovate the former Cinema X Building located at 190 Main Street. BACKGROUND On July 22, 1998 the City entered into Downtown Rehabilitation Loan Agreement #2-98 with Duaine and Jane Greenfield in the amount of$188,000 for the rehabilitation of 190 Main Street. The Greenfields completely renovated the exterior and interior of this building and created a first floor storefront and two apartments, one on the second floor and one on the third floor. The project was completed in 1999. At the time ofthe City's loan, the Greenfields had already taken out a bank loan to purchase the property. Because the projects's after-rehab appraisal value was not sufficient to cover the City's loan and the bank loan, the Greenfields provided a mortgage on their property at 185 Main Street as well as and a second mortgage on 190 Main Street as security for the City loan. The bank has now been repaid and has released its first mortgage on 190 Main. The City has the first and only mortgage on this property. The attached letter from Duaine Greenfield requests the City now release of the mortgage on 185 Main. RECOMMENDATION 1 recommend that the City Council approve the requested mortgage release for 185 Main Street. The Greenfields' repayment of the bank loan has moved the City's mortgage into first position on 190 Main Street. The City's legal staff has determined that the first mortgage on 190 Main will provide security for the full amount of outstanding principal of the City's loan to the Greenfields. ACTION STEP The action step for the City Council is to adopt the attached resolution. Prepared by Aggie Kramer, Community Development Specialist . . . . July 20, 2000 Jim Burke City of Dubuque City Hall Dubuque, IA 52001 Re: 190 Main Street Dubuque,IA 52001 Dear Jim: Duaine & Jane Greenfield Harbor View Dubuque, IA 52001 319-556-2896 Per our phone discussions, we are requesting that the lien (in the amount ofSI8,000.00) that the City of Dubuque has on our property at 185 Main Street be transferred to the property we own at 190 Main Street. In review: At the time we purchased the property at 190 Main Street, we received a loan from American Trust & Savings Bank in the amount of $40,000. This loan for the initial purchase of the building plus clean up and demolition expenses. American Trust & Savings Bank then held the first mortgage on that property for $40,000. At the time we received the loan from the City for renovation of the property ($188,000) the City took second mortgage on 190 Main Street in the amount of $170,000 and a mortgage on the 185 Main Street property for the balance ($18,000). Since that time, we have paid American Trust & Savings in full and they no longer have a lien against 190 Main Street. This will give the City the first and only mortgage on 190 Main Street. For your information, the property at 190 Main Street is now fully rented! We greatly appreciate all the help we have received from the City in our efforts on this building. L Duaine H. Greenfield DHG:jg . . . .. Kdl, \\-. \t~ \ '1oo03:nO 2DGD AUG 28 PH 12: 37 h/~6W~t~~'; i~[c\=i\-g~1~(;W \ t...,OO OU3UOUE co.. IOWA FEES \i/ Preparer Information James A. O'Brien Individual's Name 491 W. 4tn Street Street Addres~ Dubuaue City 13191 556-8552 Phone James A. O'Brien ISBA # ""attnybarnumber*". SPACE ABOVE THIS LINE FOR RECOROER RELEASE OF REAL ESTATE MORTGAGE The undersigned, the present owner(s) of the r.lortgage hereinafter described, do hereby acknowledge that a certain mortgage bearing date ofthe 22nd day of July, 1998, made and executed by DUAINE H. GREENFIELD and JANE M. GREENFIELD to THE CITY OF DUBLQUE, IOWA and Recorded in the records of the office of the Recorder of the County of Dubuque State of Iowa, Instrument No. 11555-98, on the 23rd day of July, 1998 is released. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. Dated thi&..o-V' day of August, 2000. CITY OF DUBUQUE, IOWA Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk STATE OF IOWA ) )SS: COUNTY OF DUBUQUE ) On thiV/~day of August, 2000, before me a Notary Public in and for the County of Dubuque and State. o. f~QjW. a..... pe. rs.on.a. lIy appeared Terrance M. Duggan and Jeanne F. Schneider, to me personally known, who, beillgdUlY~""0vij.9id say that the said Terrance M. Duggan is Mayor and the said Jeanne F. Schneider is Clerk of . t~:c:::ity9fiJ:?\J!l!!<j;"e, Iowa, and that the seal affixed to the above instrument is the corporate seal of the City of DJ.i~li91\~~:~9.~a;^and that said instrument was signed and sealed on behalf of the City of Dubuque, Iowa, by . .' '.. "'""City'Council of said City, and the said Terrance M. Duggan and Jeanne F. Schneider, acknowledged Je.f said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntarily my hand and Notarial Seal on the date last ab v ~ ) C' -'1 l/~ Notary Public in and f r said County RESOLUTION NO. 399-00 A RESOLUTION APPROVING THE RELEASE OF REAL ESTATE MORTGAGE FOR PROPERTY LOCATED AT 185 MAIN STREET. Whereas, the City of Dubuque, Iowa, provided a Downtown Rehabilitation Loan to Duaine H. Greenfield and Jane M. Greenfield on July 22, 1998 for the rehabilitation of property located at 190 Main Street; and Whereas, Duaine H. Greenfield and Jane M. Greenfield executed mortgages dated July 23, 1998 for 185 Main as per Instrument No. 11555-98 and for 190 Main as per Instrument No. 11554-98 as security for the Downtown Rehabilitation Loan; and Whereas, Duaine H. Greenfield and Jane M. Greenfield have asked the City to release the mortgage on 185 Main and transfer their entire liability to the mortgage of 190 Main. Whereas, the Release of Real Estate Mortgage, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of the release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Release of Real Estate Mortgage for 185 Main is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Release of Real Estate Mortgage. Passed, approved and adopted this 21st day of August, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk ., . . . >~ " . CERTIFICATE OF CITY CLERK STATE OF IOWA COUNTY OF DUBUQUE I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 399-00 is a correct copy of the original Resolution No. 399-00 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 21 st day of August, 2000. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa this 24th day of August, 2000. Jeanne F. Schneider City Clerk City of Dubuque, Iowa 00 ~ (1 ~. ~ o ',:":1 C:.: >_ 8g~ C::'~';:_" [11-;, C\-<~",- '" .-~) --~~ C':~-:.;> ..... J;::.i':.:. ("::;.:) ..;:;-- c;=. ~; ~ ~.! fi I-A ...-::!' 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