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Lower Main Development, LLC Subordination Agreement_Platinum Building Copyright 2014 City of Dubuque Consent Items # 8. ITEM TITLE: Lower Main Development, LLC Subordination Agreement SUMMARY: City Manager recommending approval of a Subordination Agreement with Lower Main Development, LLC which provides the City's loan is subordinate to the mortgage of Dupaco Community Credit Union for the Platinum Building. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Lower Main Development LLC Subordination City Manager Memo Agreement-MVM Memo Staff Memo Staff Memo Subordination Agreement Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Lower Main Development, L.L.C. DATE: March 30, 2016 In 2006 the City of Dubuque loaned $300,000 to Lower Main Development, L.L.C. pursuant to a Loan Agreement for improvements to the Platinum Building on Lower Main Street. The Platinum Building has been refinanced with Dupaco Community Credit Union. City Attorney Barry Lindahl recommends City Council approval of a Subordination Agreement which provides the City's loan, with a balance of $150,129.60 as of March 1, 2016, is subordinate to the mortgage of Dupaco Community Credit Union. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager HE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: March 18, 2016 RE: Lower Main Development, L.L.C. In 2006, the City of Dubuque loaned $300,000.00 to Lower Main Development, L.L.C. pursuant to a Loan Agreement for improvements to the Platinum Building on Lower Main Street. Initially, the Platinum Building was financed by Dubuque Bank & Trust. Later, East Dubuque Savings Bank EDSB refinanced the project. At that time, the City subordinated its mortgage to East Dubuque Saving Bank's mortgage. The Platinum Building has been refinanced again, this time with Dupaco Community Credit Union. Lower Main Development, L.L.C. has requested that the City subordinate its mortgage to the mortgage of Dupaco Community Credit Union. The balance of the City loan as of March 1, 2016 is $150,129.60. I have reviewed the attached Subordination Agreement and find that it is in acceptable form. I recommend that the Subordination Agreement be submitted to the City Council for consideration and approval. BAL:tIs Attachment cc: Brian Kane, Esq. F:\USERS\tsteckle\Department Correspondence\Economic Development\Lower Main Development LLC Subordination Agreement\M V M_Co nse nt&S ubordi nati onAgreement_031816.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)583-4113/FAX (563)583-1040/EMAIL balesq@cityofdubuque.org Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY To: MEMORANDUM Kevin Firnstahl City Clerk 1 DATE: March 29, 2016 RE: Lower Main Development, LLC Subordination Agreement Kevin: Attached for the April 4, 2016 City Council agenda is the original Lower Main Development, LLC Subordination Agreement which has been executed by Wayne Briggs of Lower Main Development, LLC. Once approved by the City Council, I would appreciate it if you would forward the agreement to me for processing. Thank you. BAL:tls Attachment F:\USERS\tsteckle\Department Correspondence\Economic Development\Lower Main Development LLC Subordination Agreement\Firnstahl_OriginalSubordinationAgreement_032916.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org Brian J. Kane Les V. Reddick* Brad J. Heying Todd L. Stevenson* Kevin T. Deeny** Bradley B. Kane Joseph P. Kane Nicholas J. Kane All admitted in Iowa *Also admitted in Illinois **Also admitted in Wisconsin KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001-3091 April 14, 2016 Mr. Bradley T. Kemp Vice President, Business Lending Dupaco Community Credit Union 3299 Hillcrest Road Dubuque, IA 52001 Re: Lower Main Development, L.L.C. Dear Brad: Retired: Gary K. Norby Phone: (563) 582-7980 Facsimile: (563) 582-5312 E-mail:bkane@kanenorbylaw.com Enclosed please find the original Subordination Agreement dated April 4, 2016 and filed April 8, 2016 as Instrument No. 2016-3807 in the records of the Dubuque County Recorder's office. We have retained a copy for our records. Please do not hesitate to contact us directly should you have any questions. Thank you. Best regards, KANE, NORBY & REDDI K, P.C. By BJK:ald Enclosure cc: Barry A. Lindahl, Esq. Brian J. uiiniuiiimuID i�iiiimmWi 11111 Do Kind: SUBORDINATION AGREEMENT 7,. Recorded: 04/08/2016 at 03:26:07 M Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder F11e2016-0000380 / Prepared by and retum to: Brian J. Kane, Kane, Norby & Reddick, P.C. 2100 Asbury Road, Suite 2, Dubuque, IA 52001 563/582-7980 SUBORDINATION AGREEMENT This Subordination Agreement is entered into the day of ,/ ' , 2016 by and between LOWER MAIN DEVELOPMENT, L.L.C. ("LMD") and ITY OF DUBUQUE, IOWA ("CITY") in favor of Dupaco Community Credit Union ("Dupaco"). RECITALS A. This Agreement pertains to real estate in Dubuque, IA legally described on Exhibit A attached hereto (the "Real Estate"). B. CITY has advanced or loaned R00,000.00 to LMD pursuant to a real estate mortgage dated August 25, 2006 and filed Aum 13, 2006 as Instrument No. 2006-15995 in the records of the Dubuque County Recorder (the "CITY Mortgage"). ttOctober C. LMD has obtained a loan from Dupaco in the amount of $4,800,000.00 (the "Loan") and has granted a mortgage to Dupaco securing credit in the amount of $6,401,430.00, dated March 7, 2016 and filed March 8, 2016 as Instrument No. 2016-00002455 in the records of the Dubuque County Recorder (the "Dupaco Mortgage"). D. CITY has agreed to subordinate the City Mortgage to the Dupaco Mortgage to the extent of the Loan. NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt of sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Loan Advance. The borrowing by LMD of the Loan from Dupaco and the granting of the Dupaco Mortgage in said amount upon the Real Estate to Dupaco is hereby agreed and consented to by CITY, which CITY acknowledges is a refinancing of LMD's prior mortgage with East Dubuque Savings Bank. 2. Subordination. CITY hereby subordinates the City Mortgage in favor of the Dupaco Mortgage (and the successors and assigns to the Dupaco Mortgage) to the extent of $6,401,430.00. It is expressly acknowledged by CITY that the Dupaco Mortgage shall be prior and superior to the City Mortgage to the extent of $6,401,430.00. Priority and superiority of the Dupaco Mortgage shall not be affected by any renewal, modification, extension or refinancing by and between Dupaco and LMD, however, subordination shall always be limited to $6,401,430.00. 3. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. Lower Main Development, L.L.C. By: Wayne A. Q ggs, Its Preside Dupaco Community Credit Union By:J�- g""4 -P. 8ro.Zl4y Kc -s , Its V ce, pris? - 4 City of Dubuq , Iowa By: Roy D. Buol, a By: Kevin Fir STATE OF IOWA ) ss: COUNTY OF DUBUQUE ) tahl, City 1 This instrument was acknowledged before me on this 09 day of /144tel, , 2016 by Wayne A. Briggs, as President of Lower Main Development, L.L.C. BRIAN J. KANE COMMISSION NO. 125603 My Comm. fxplres JAN 12, 2019 Notary Public STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this -7 day of Ne—t_ _ , 2016, before me, a Notary Public in and for the State of Iowa, personally appeafed Roy D. Buol and Kevin Firnstahl, to meersonall p Y known, who being by me duly sworn did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, executing the within and foregoing instrument, that no seal has been procured by the City; that said instrument was signed on behalf of the City by authority of the City Council; and that Ray Buol and Kevin Firnstahl, as Mayor and City Clerk, acknowledged the execution of said instrument to be the voluntary act and deed of the City, by it and by them voluntarily executed. 101i ski -L. athAS®N 1 Commission Number 719986 My Commission Expires ' Icl�•1�•I� STATE OF IOWA ) ' ) ss: COUNTY OF DUBUQUE ) Notary Public in and for State of Iowa This instrument was acknowledged before me on this day of , 2016 by1' - `4\ , as \j �,. r -� of Dupaco Communit Credit Union. ANDREW J KATRICHIS Commission Number769250 MI{.Comm S ian Expires Public Exhibit "A" Legal Description of Real Estate Lot 78a and the North 44 feet of Lot 79 in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof.