Recommendation for Approval of an Amended Lease with the Dubuque Racing Association_HearingCity of Dubuque
City Council Meeting
Public Hearings # 03.
Copyrighted
December 19, 2022
ITEM TITLE: Recommendation for Approval of an Amended Lease with the Dubuque
Racing Association
SUMMARY: Proof of publication on notice of public hearing to consider City Council
approval of an amendment to the Second Amended and Restated Lease
Agreement with the Dubuque Racing Association, and City Attorney and
City Manager recommending approval.
RESOLUTION Disposing of an interest in real property owned by the
City of Dubuque by lease between the City of Dubuque, Iowa and
Dubuque Racing Association, LTD
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Memo Staff Memo
Resolution Resolutions
Agreement Supporting Documentation
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Crenna Brumwell, City Attorney
Michael C. Van Milligen, City Manager
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
SUBJECT: Recommendation for Approval of an Amended Lease with the Dubuque
Racing Association
DATE: December 15, 2022
The City of Dubuque and the Dubuque Racing Association entered into a Second
Amended and Restated Lease Agreement on January 4, 2022. The parties now present
an amendment to the Second Amended and Restated Lease Agreement for City Council
consideration.
While the bulk of the lease will remain "as is," there are several provisions which will be
modified. The changes include the following:
1. The termination date will be extended from 2036 to 2055.
2. References to dog racing and dog racing related requirements are removed as
dog racing operations ceased in the summer of 2022.
3. The distribution of Net Cash Proceeds is modified to clarify fiscal year information
as the City and Dubuque Racing Association use different fiscal years.
4. The January 2022 lease contemplated a separate entity for managing the
distributions going toward implementation of the Schmitt Island Master Plan. After
meeting with tax consultants this is not an option so the funds will be managed by
a committee of the Dubuque Racing Association.
5. Membership of the committee is specified to include the City Manager and at least
one City Council member, which can be filled by the Mayor if the Mayor is currently
serving on the Dubuque Racing Association Board.
6. For FY23 only, up to $1,500,000 of the Cash Reserve Fund may be used toward
a down payment on a construction loan incurred by the Dubuque Racing
Association.
7. For FY22 only, $2,500,000 may be used by the Dubuque Racing Association to
fund capital improvements. This payment was included in the annual DRA budget
as a debt payment, but the debt has not yet been issued, so now it will be used to
reduce the amount of debt issued in 2023, or as a debt payment in 2023.
The amendment is subject to approval by the Dubuque City Council and final approval
from the Iowa Racing and Gaming Commission.
Thank you to DRA President & CEO Alex Dixon and DRA Attorney Tonya Trumm, for
their assistance in negotiating this amendment.
City Manager Michael C. Van Milligan and I respectfully recommend approval of the lease
amendment.
cc: Senior Counsel Barry Lindahl
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Alex Dixon, DRA President & CEO
Kevin Lynch, DRA Board Chair
Prepared by Crenna Brumwell. Esq., 300 Main St Ste 330 Dubuque IA 52001-6944 (563) 583-4113
Return to Adrienne N. Brei felder, City Clerk, 50 W. 13'1 St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 394-22
DISPOSING OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF
DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE
RACING ASSOCIATION, LTD
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally
described on Exhibit A and B attached hereto; and
Whereas, City and Dubuque Racing Association, Ltd. have tentatively agreed to
the First Amendment to the Second Amended and Restated Lease Agreement, a copy of
which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th St., Dubuque, IA
52001, for a lease of the real property which among other things, provides for a term
through December31, 2055; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque
to approve the First Amendment to the Second Amended and Restated Lease
Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque disposes of its interest in the foregoing described
real property by the First Amendment to the Second Amended and Restated Lease
Agreement between City and Dubuque Racing Association.
Section 2. That the Mayor is hereby authorized and directed to execute the First
Amendment to the Second Amended and Restated Lease Agreement on behalf of the
City of Dubuque and the City Clerk is authorized and directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are
necessary to comply with the terms of the First Amendment to the Second Amended and
Restated lease Agreement as herein approved.
Passed, approved and adopted this 191h day of December, 2022
Brad M. Caktgiii6h, Mayor
Attest:
ai" 0. �
Adrienne Breitfelder, City Clerk
LEGAL DESCRIPTION — LEASED PREMISES
A part of the Southwest Quarter of Fractional Section 17 and part of the Southeast Quarter
of Fractional Section 18, T89N, R3E, 5th P.M. in the City of Dubuque, Dubuque County,
Iowa, previously known as "Lease Area A", more particularly described as follows:
Commencing as a point of reference at the Southeast Corner of Southeast Quarter of
Fractional Section 18, T89N, R3E, 5th P.M. in the City of Dubuque, Dubuque County,
Iowa;
Thence N01 026'43" W 338.68 feet along the westerly line of said Southeast Quarter to a
point of intersection with the northerly right of way line of Greyhound Park Road, said
point being the point of beginning (this is an assumed bearing for this description only);
Thence N87058'11" W 523.04 feet along said right of way to a point of curvature;
Thence northwesterly 390.04 feet along a 1489.15 foot radius curve concave northerly
(chord N80027'58" W 388.93') continuing along said right of way to a point of tangency;
Thence N721 57'45"W 97.09 feet continuing along said right of way to a point of
curvature;
Thence northwesterly 305.03 feet along a 2175.10 foot radius curve concave southerly
(chord N76058'48"W 304.78 ft.) continuing along said right of way to a point of tangency;
Thence N80°59'51 "W 473.77 feet continuing along said right of way to a point of
curvature;
Thence southwesterly 317.30 feet along a 421.14 foot radius curve concave
southeasterly (chord S77°25'16" W 309.86 ft.) continuing along said right of way to a
point of non -tangency;
Thence N26°39'11" W
162.14 feet;
Thence N28°06'34" E
163.57 feet;
Thence N58148'11" E
674.06 feet;
Thence N36°03'47" E
305.50 feet;
Thence N87°33'30" E
418.14 feet;
Thence S84°32'50" E
132.74 feet;
Thence S71 o50'O8" E
79.09 feet;
Thence S66°44'07" E
384.16 feet;
Thence S64°39'07" E
374.89 feet;
Thence S52003'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13°57'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00157'20" W 523.35 feet continuing along said right of way;
Thence S46°29'35"W 14.01 feet continuing along said right of way;
Thence N87058'11" W 9.10 feet along the northerly right of way line of Greyhound Park
Road to the point of beginning, said Lease Area A containing 36.236 acres, more or
less; and
A part of the Southeast Quarter of Fractional Section 18 and part of the Northeast Quarter
of Fractional Section 19, T89N, R3E, 5th P.M. in the City of Dubuque, Dubuque County,
Iowa, previously known as "Lease Area B" more particularly described as follows:
Commencing as a point of reference at the Southeast Corner of Southeast Quarter of
Fractional Section 18, T89N, R3E, 5th P.M. in the City of Dubuque, Dubuque County,
Iowa;
Thence S88137'17"W 2,573.92 feet along the southerly line of said Southeast Quarter to
a point of intersection with the westerly right of way line of Greyhound Park Road, said
point being the point of beginning of Lease Area B (this is an assumed bearing for this
description only);
Thence northeasterly 175.43 feet along a 466.90 foot radius curve concave northerly
(chord N30035'19"E 174.40 ft.) continuing along said right of way to a point of tangency;
Thence N411 29'57"E 499.75 feet continuing along said right of way to a point of
curvature;
Thence northeasterly 101.55 feet along a 425.14 foot radius curve concave southeasterly
(chord N49°03'50"E 101.31 ft.) continuing along said right of way to a point of intersection
with the westerly line of Dubuque Racing Association Lease A;
Thence N26139'11 "W 2.02 feet continuing along said westerly line to a point two (2) feet
in perpendicular distance from the westerly right of way line of Greyhound Park Road;
Thence southwesterly 102.32 feet along a 427.14 foot radius curve concave
southeasterly (chord S49104'47"W 102.07 ft.) continuing along a line parallel to said right
of way;
Thence S41029'57"W 499.75 feet continuing along said parallel line to a point of
curvature;
Thence southwesterly 176.18 feet along a 468.90 foot radius curve concave
southeasterly (chord S30°35'20"W 175.15 ft.) continuing along said parallel line to a point
of tangency;
Thence S19°45'23"W 163.65 feet continuing along said parallel line;
Thence southeasterly 227.53 feet along a 254.57 foot radius curve concave northeasterly
(chord S9014'46"E 220.03 ft.) continuing along said parallel line;
Thence S34151'03"E 45.73 feet continuing along said parallel line;
Thence S12041'43"W 35.04 feet to the northerly corner of an existing structure easement
as shown on the Plat of Survey recorded as Instrument No. 2009-18225 in the Office of
the Dubuque County Recorder;
Thence S30006'07"W 20.00 feet along the northwesterly line of said easement;
Thence S59053'53"E 32.52 feet along the southwesterly line of said easement to a point
of intersection with the northerly right of way line of East 16t" Street;
Thence northwesterly 72.26 feet along a 75.00 foot radius curve concave westerly (chord
N7°14'59"W 69.50 ft.) along the westerly right of way line of Greyhound Park Road;
Thence N34151'03"W 45.73 feet along said right of way line;
Thence northwesterly 225.70 feet along a 252.57 foot radius curve concave easterly
(chord N9114'46"W 218.30 ft.) continuing along said right of way line;
Thence N19°45'23"W 163.65 feet continuing along said right of way line to the point of
beginning, said Lease Area B containing 0.062 acres, more or less.
Excepting therefrom the following area (Exception 1):
A parcel of land lying within the Southeast Quarter of Fractional Section 18, Township 89
North, Range 3 East of the 5th Principal Meridian, Dubuque County, Iowa, previously
known as "Dubuque Casino Hotel, L.L.C. Lease Area", more particularly described as
follows..
Commencing at the Southeast corner of said Fractional Section 18 (the South line of the
Southeast Quarter of Fractional Section 18 bears North 88 degrees 37 minutes 17
seconds East for the purposes of this description);
Thence North 51 degrees 42 minutes 10 seconds West, 1642.95 feet, to the point of
beginning;
Thence North 64 degrees 38 minutes 50 seconds West, 98.25 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 85.67 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 27.46 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 51.08 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 22.29 feet;
Thence Northeasterly, 45.81 feet along the arc of a circular curve concave to the
Southeast, having a radius of 25.00 feet, a central angle of 104 degrees 58 minutes 10
seconds, and whose chord bears North 25 degrees 21 minutes 10 seconds East, 39.67
feet;
Thence South 64 degrees 38 minutes 50 seconds East, 22.29 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 92.33 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 70.00 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 44.67 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 213.83 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 102.00 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 118.56 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 17.42 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 182.81 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 59.75 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 38.17 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 41.33 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 24.17 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 41.33 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 38.17 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 52.35 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 48.29 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 97.26 feet, to the point of
beginning.
Said Exception 1 containing 1.317 acres (57,364 square feet), more or less.
Also excepting therefrom the following area (Exception 2):
A part of the Southwest Quarter of Fractional Section 17 and part of the Southeast Quarter
of Fractional Section 18, T89N, R3E, 5th P.M. in the City of Dubuque, Dubuque County,
Iowa, previously known as "Iowa Greyhound Association Lease Area", more
particularly described as follows:
Commencing as a point of reference at the Southeast Corner of Southeast Quarter of
Fractional Section 18, T89N, RK, 5th P.M. in the City of Dubuque, Dubuque County,
Iowa;
Thence N01 126'43" W 338.68 feet along the westerly line of said Southeast Quarter to a
point of intersection with the northerly right of way line of Greyhound Park Road, (this is
an assumed bearing for this description only);
Thence N87°58'11" W 523.04 feet along said right of way to a point of curvature;
Thence northwesterly 390.04 feet along a 1489.15 foot radius curve concave northerly
(chord N80027'58" W 388.93') continuing along said right of way to a point of tangency;
Thence N721 57'45"W 97.09 feet continuing along said right of way to a point of
curvature;
Thence northwesterly 305.03 feet along a 2175.10 foot radius curve concave southerly
(chord N76°58'48"W 304.78 ft.) continuing along said right of way to a point of tangency;
Thence N80059'51 "W 473.77 feet continuing along said right of way to a point of
curvature;
Thence southwesterly 317.30 feet along a 421.14 foot radius curve concave
southeasterly (chord S77025'16" W 309.86 ft.) continuing along said right of way to a
point of non -tangency;
Thence N26039'11" W 162.14 feet;
Thence N28006'34" E 163.57 feet;
Thence N58048'11" E 674.06 feet;
Thence N36003'47" E 305.50 feet;
Thence N87033'30" E 418.14 feet;
Thence S84132'50" E 4.78 feet to the point of beginning;
Thence S84132'50" E 127.97;
Thence S71 °50'08" E 79.09 feet;
Thence S66044'07" E 384.16 feet;
Thence S64039'07" E 374.89 feet;
Thence S52103'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13°57'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00157'20" W 114.43 feet continuing along said right of way;
Thence N 65029'54" W
131.35 feet along the centerline of an existing driveway;
Thence S 24°15'59" W
8.46 feet;
Thence N 64106'04" W
139.48 feet along an existing curb line;
Thence S 25°12'45" W
22.26 feet;
Thence N 66°47'45" W
37.80 feet;
Thence N 24°28'45" E
4.47 feet;
Thence N 65139'31 " W
25.88 feet;
Thence S 25133'59" W
147.19 feet;
Thence N 65109'17" W
72.72 feet along an existing fence line;
Thence N 25154'13" E
38.56 feet;
Thence N 64157'11 " W
555.83 feet along an existing building line and fence line;
Thence N 14°12'59" E
32.91 feet;
Thence N 25133'18" E
23.03 feet;
Thence N 61 °31'32" W
21.16 feet;
Thence N 26140'38" E
198.60 feet along an existing fence line;
to the point of beginning, containing 8.016 acres, more or less.
Excepting therefrom the following:
Commencing at the previous point of beginning
Thence S84032'50" E 132.74;
Thence S71 °50'08" E 79.09 feet;
Thence S66044'07" E 384.16 feet;
Thence S64039'07" E 374.89 feet;
Thence S52103'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13°57'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00157'20" W 114.43 feet continuing along said right of way;
Thence N 65°29'54" W
131.35 feet along the centerline of an existing driveway;
Thence S 24°15'59" W
8.46 feet;
Thence N 64°06'04" E
139.48 feet along an existing curb line;
Thence N 06°38'39" W
115.97 feet to the point of beginning of this exception;
Thence N 24°14'23" W
48.61 feet;
Thence N 65°45'38" W
56.04 feet;
Thence S 24°14'21" E
48.61 feet;
Thence S 65°45'39" E
56.04 feet to the point of beginning, containing 0.063 acres,
more or less;
Said Exception 2 containing approximately 7.953 acres, more or less.
The above -described LEASED PREMISES is as shown on Exhibit A and contains
approximately 27.027 acres, more or less (Lease Area A 36.235 acres and Lease Area
B 0.062 acres, less Exception 1 1.317 acres and Exception 2 7.953 acres), and is subject
to easements of record and not of record.
W
rl
E9
46 .
IL
LEGAL DESCRIPTION — ADDITIONAL PREMISES
A part of the Southwest Quarter of Fractional Section 17 and part of the Southeast Quarter
of Fractional Section 18, T89N, R3E, 5th P.M. in the City of Dubuque, Dubuque County,
Iowa, previously known as "Iowa Greyhound Association Lease Area", more
particularly described as follows:
Commencing as a point of reference at the Southeast Corner of Southeast Quarter of
Fractional Section 18, T89N, RK, 5th P.M. in the City of Dubuque, Dubuque County,
Iowa;
Thence N01 126'43" W 338.68 feet along the westerly line of said Southeast Quarter to a
point of intersection with the northerly right of way line of Greyhound Park Road, (this is
an assumed bearing for this description only);
Thence N87°58'11" W 523.04 feet along said right of way to a point of curvature;
Thence northwesterly 390.04 feet along a 1489.15 foot radius curve concave northerly
(chord N80027'58" W 388.93') continuing along said right of way to a point of tangency;
Thence N721 57'45"W 97.09 feet continuing along said right of way to a point of
curvature;
Thence northwesterly 305.03 feet along a 2175.10 foot radius curve concave southerly
(chord N76°58'48"W 304.78 ft.) continuing along said right of way to a point of tangency;
Thence N80059'51 "W 473.77 feet continuing along said right of way to a point of
curvature;
Thence southwesterly 317.30 feet along a 421.14 foot radius curve concave
southeasterly (chord S77025'16" W 309.86 ft.) continuing along said right of way to a
point of non -tangency;
Thence N26039'11" W
162.14 feet;
Thence N28006'34" E
163.57 feet;
Thence N58048'11" E
674.06 feet;
Thence N36003'47" E
305.50 feet;
Thence N87033'30" E
418.14 feet;
Thence S84032'50" E
4.78 feet to the point of beginning;
Thence S84032'50" E
127.97;
Thence S71 °50'08" E
79.09 feet;
Thence S66044'07" E
384.16 feet;
Thence S64039'07" E
374.89 feet;
Thence S52003'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13°57'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00057'20" W 114.43 feet continuing along said right of way;
Thence N 65129'54" W
131.35 feet along the centerline of an existing driveway;
Thence S 24°15'59" W
8.46 feet;
Thence N 64106'04" W
139.48 feet along an existing curb line;
Thence S 25112'45" W
22.26 feet;
Thence N 66°47'45" W
37.80 feet;
Thence N 24128'45" E
4.47 feet;
Thence N 65139'31 " W
25.88 feet;
Thence S 25133'59" W
147.19 feet;
Thence N 65109'17" W
72.72 feet along an existing fence line;
Thence N 25154'13" E
38.56 feet;
Thence N 64157'11" W
555.83 feet along an existing building line and fence line;
Thence N 14°12'59" E
32.91 feet;
Thence N 25133'18" E
23.03 feet;
Thence N 61131'32" W
21.16 feet;
Thence N 26140'38" E
198.60 feet along an existing fence line;
to the point of beginning, containing 8.016 acres, more or less.
Excepting therefrom the following:
Commencing at the previous point of beginning
Thence S84132'50" E 132.74;
Thence S71 °50'08" E 79.09 feet;
Thence S66144'07" E 384.16 feet;
Thence S64139'07" E 374.89 feet;
Thence S52003'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13057'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00057'20" W 114.43 feet continuing along said right of way;
Thence N 65029'54" W 131.35 feet along the centerline of an existing driveway;
Thence S 24015'59" W 8.46 feet;
Thence N 64006'04" E 139.48 feet along an existing curb line;
Thence N 06038'39" W
115.97 feet to the point of beginning of this exception;
Thence N 24114'23" W
48.61 feet;
Thence N 65145'38" W
56.04 feet;
Thence S 24014'21" E
48.61 feet;
Thence S 65045'39" E
56.04 feet to the point of beginning, containing 0.063 acres,
more or less;
The above -described ADDITIONAL PREMISES is as shown on Exhibit B and
contains approximately 7.953 acres, more or less, and is subject to easements of
record and not of record.
FIRST AMENDMENT
TO THE
SECOND AMENDED AND RESTATED
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE RACING ASSOCIATION, LTD.
This First Amendment to the Second Amended and Restated Lease Agreement
(hereinafter "First Amendment"), dated for reference the30 dayof DeceAer ,
2022, by and between the City of Dubuque, an Iowa municipal corporation (hereinafter
"Lessor"), and the Dubuque Racing Association, Ltd. (DRA), an Iowa nonprofit
corporation (hereinafter "Lessee"),
WHEREAS, the Lessor and the Lessee are the parties to a Second Amended and
Restated Lease Agreement dated January 4, 2022, a copy of which is attached hereto
(the "Lease");
WHEREAS, the parties by this amendment desire and intend to amend certain
provisions of the Lease.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Lessor and Lessee, hereby agree as
follows:
Section 1. Effective as of December 31, 2022, Section 1 of the Lease is
amended to read as follows:
1. Term of Lease. The term of this Lease shall commence on 12:01
a.m. on January 1, 2022 and terminate at 11:59 p.m. on December 31,
2055.
Section 2. Effective as of December 31, 2022, Section 7 of the Lease is
amended to read as follows:
7. Use of Leased Premises. Association warrants that it is validly
existing and in good standing under the laws of the State of Iowa as a
nonprofit organization. Association warrants that it has the necessary
authority to operate its businesses in the State of Iowa.
The Leased Premises shall be used by Association for the sole purpose of
conducting gambling games, providing lodging, and other entertainment
activities in accordance with the terms and conditions of the license granted
Association by the Iowa Racing and Gaming Commission unless, prior to
the use of the Leased Premises by Association for any other purpose,
Association obtains the written consent of City with respect to such alternate
Page 1 of 6
use. Use for the purpose of this paragraph shall not mean individual events
associated with a particular type of use.
Association agrees that it will at all times hold the Leased Premises and
Additional Premises available for use by the general public without regard
to membership in the protected classes covered by Title 8 of the city code,
as amended. However, Association may prepare and promulgate rules for
the purpose of regulating the admission of persons into Q Casino and for
the further purpose of regulating the conduct of persons admitted to Q
Casino, which rules shall be consistent with the regulations of the Iowa
Racing and Gaming Commission.
Section 3. Effective as of December 31, 2022, Section 8 of the Lease is
amended to read as follows:
8. License to Operate. For so long as such license is required by the
Iowa Racing and Gaming Commission, Association shall maintain a valid
license to conduct gambling games issued by the Iowa Racing and Gaming
Commission and shall make timely application, together with the
appropriate documentation, for the renewal of such license as it expires
from time to time. City shall provide, on a timely basis, any and all
information within its control necessary to sustain the license or to secure
renewals thereof.
Section 4. Effective as of December 31, 2022, Section 11 of the Lease is
amended to read as follows:
11. [Intentionally Omitted].
Section 5. Effective as of December 31, 2022, Section 22 of the Lease is
amended to read as follows:
22. Distribution of Net Cash Proceeds.
(a) Net Cash Remaining (as hereinafter defined) will be allocated at the
end of each fiscal year for distribution as follows:
(i) one-third (1/3rd) to City (the "City Distribution Amount");
(ii) one-third (1/3rd) to charitable or non-profit recipients, and/or
allocated to Association accounts for use in advancing Association's
non-profit purposes in the discretion of Association's board of
directors (the "Charitable Distribution Amount"); and
Page 2 of 6
i) one-third (1/3rd) to the Schmitt Island Master Plan
Implementation Fund (as hereinafter defined) (the "Schmitt Island
Distribution Amount").
(b) Association shall distribute City Distribution Amount for each fiscal
year to City by no laterthan the January 31 st following the end of each fiscal
year, or another date as mutually agreed upon by the parties. City shall use
funds distributed to City under this subparagraph 22(b) in the same manner
and for the same purposes that City is authorized to use rent payments
under Paragraph 3 of this Lease.
(c) Association shall distribute the Charitable Distribution Amount for
each fiscal year to the following recipients by no later than the December
31st following the end of such fiscal year (however, Association shall use
reasonable efforts to make such distribution before the September 1st
following the end of such fiscal year), or another date as mutually agreed
upon by the parties as follows:
(i) the first $1,000,000.00 of the Charitable Distribution Amount shall
be allocated to Association's Grants Program and retained in a
restricted Association account for ultimate distribution to the various
recipients thereof;
the next $428,571.43 of the Charitable Distribution Amount shall
be allocated to the Endowment Fund and distributed to the
Community Foundation of Greater Dubuque.
(iii) if the Charitable Distribution Amount exceeds $1,428,571.43, the
amount by which the Charitable Distribution Amount exceeds
$1,428,571.43 will be split, with 30% allocated to the Endowment
Fund and distributed to the Community Foundation of Greater
Dubuque and 70% retained in a restricted Association account for
ultimate distribution to the various recipients of Association's
charitable and nonprofit distributions (including, but not limited to
Association's Grants Program, and, in Association's sole discretion
other dedicated funds which Association may establish from time to
time).
(d) Association shall deposit the Schmitt Island Distribution Amount for
each fiscal year into the Schmitt Island Master Plan Implementation Fund
by no later than the December 31 st following the end of such fiscal year.
(e) For purposes of this Lease including, without limitation, this
Paragraph 22, the following terms have the following meanings:
Page 3 of 6
"Endowment Fund" means the irrevocable permanent endowment
established by Association in 2009 at the Community Foundation of Greater
Dubuque where the principal is invested, and only a portion of the
investment earnings is spent and the rest of the earnings are directed back
into the Endowment Fund, so that the endowment grows over time. The
portion of the Endowment Fund's investment earnings that is permitted to
be spent, and is not directed back into the Endowment Fund, shall be
available for distribution to other charitable and non-profit recipients and
distributed in the discretion of Association's board of directors.
"Fiscal Year" means the Association's fiscal year.
"Net Cash Remaining" means, for each fiscal year, Association's net cash
remaining after payment of and/or provision or reserve for the following
items:
(i) operational expenses and expenses for normal replacement
items;
(ii) provision for (A) operating funds, (B) capital improvements,
and (C) a cash reserve fund not to exceed ten percent (10%) of
Association's total budget for the following fiscal year (the "Cash
Reserve Fund"), which is calculated each year and is not cumulative.
Monies deposited in the Cash Reserve Fund are the sole property of
Association and shall be designated for the sole purpose of
maintaining a cash balance for Association to be used by Association
as needed to fund its operations, provided, however, that up to
$1,500,000.00 of funds on deposit in the Cash Reserve Fund may
be used in fiscal year 2023 as a down payment on any construction
an incurred by Association. Any interest accruing on the balance in
the Cash Reserve Fund shall also be available to Association to fund
operations;
(iii) required debt service payments (including prepayment of
debt, upon Board approval and City consent) for debt incurred with
the consent of City;
(iv) distributions to charities or non-profit entities from operational
funds, not to exceed the greater of Four Hundred Fifty Thousand
Dollars ($450,000.00) or sixty-five (65) basis points (0.0065) of
Association's adjusted gross receipts from all gambling games (slots
and table games);
(v) funds which Association is required to provide as collateral or
otherwise for purposes of obtaining and securing any bond required
WMEWT
by the Iowa Racing and Gaming Commission pursuant to the Iowa
Code; and
(vi) payment into a capital reserve fund (the "Capital Reserve
Fund"), subject to a maximum annual payment of Five Hundred
Thousand Dollars ($500,000.00) for use in funding future capital
improvements or gambling devices (including but not limited to
gaming devices and necessary hardware and/or software relating to
the installation or operation of such gaming devices) in the discretion
of Association.
(vii) with respect to fiscal year 2022 only, Two Million Five Hundred
Thousand Dollars ($2,500,000.00) to be used by Association to fund
capital improvements.
"Schmitt Island Master Plan Implementation Fund" means restricted
Association account into which the Schmitt Island Distribution Amount shall
be deposited each fiscal year. The monies held in the Schmitt Island Master
Plan Implementation Fund, together with all interest thereon, shall be used
solely to advance, pay for, and/or finance/fund any of the permitted
purposes, activities and/or developments contemplated by the Chaplain
Schmitt Island Master Plan adopted by Dubuque City Council, as amended
and as the same may be further amended, modified, and/or restated from
time to time. The spending and distribution of funds from the Schmitt Island
Master Plan Implementation Fund, which shall be solely for the purposes
described above, shall be in the discretion of a subcommittee of
Association's board of directors consisting of not less than four (4) nor more
than eight (8) members of Association's board of directors, the total number
of which shall be divisible by two (2). The members of such committee shall
be appointed by the Chair of Association's board of directors and shall
consist of, at a minimum Association's President and CEO, the Chair of
Association's board of directors, the City Manager and at least one (1) city
council member (who shall be the Mayor if the Mayor is currently serving on
Association's board of directors).
Section 6. Reference to and Effect on the Lease. Except as expressly set forth
in this Amendment, all of the terms and provisions of the Lease are and shall remain in
full force and effect and are hereby ratified and confirmed. Unless the context requires
otherwise or as otherwise expressly set forth herein, any references to the Lease
contained therein shall be deemed to refer to the Lease as amended by this Amendment.
The amendments provided for herein are limited to the specific provisions of the Lease
specified herein and shall not, except as expressly provided herein, operate as a waiver
of any right, power or remedy of any party under the Lease, or constitute a waiver or
amendment of any other provision of the Lease, except as and to the extent expressly
set forth herein.
Page 5 of 6
Section 7. Counterparts. This Amendment may be executed in counterparts,
each of which shall constitute an original, but all of which when taken together shall
constitute a single contract. Delivery of a signature page of this Amendment by telecopy
or other electronic means shall be effective as delivery of a manually executed
counterpart hereof.
Section 8. Governing Law. This Amendment shall be governed by and
construed in accordance with the laws of the State of Iowa.
Section 9. Effectiveness of Amendment. The parties acknowledge and agree
that this Amendment must be approved by Association's Board of Directors, Association's
lender, the City Council of Dubuque, Iowa, and the Iowa Racing and Gaming
Commission. Accordingly, notwithstanding anything to contrary contained herein, this
Amendment shall become effective as of the date of receipt of the last of such required
approvals.
CITY OF DUBUQUE, IOWA DUBUQUE RACING ASSOCIATION,
LTD.
By' By:
B•a. Ca�VA46gh,
Mayor
Attest: o,!..n/n.e. O/ A4
Adrienne N. Breitfelder, City Clerk
Page 6 of 6
SCHMITT
ISLAND
Schmitt Island
City of Dubuque
Extended
Lease Overview
City of Dubuque Partnership — Mayor & Council
f'1
Brad Cavanagh
Ric Jones
City Council
THE CITY OF
DUB-
bE
Masterpiece on the Mississippi
Schmitt Island
Danny Sprank
City Council
f _ Z
r 1
r r
Susan Farber David Resnick Laura Roussell Katy Wethal
City Council City Council City Council City Council
• Approved a new 15 year lease dedicating 1/3rd of profits to
Schmitt Island
• Listed Schmitt Island Implementation as a top priority
• Approved a Schmitt Island Master Plan implying $500M+ of Development in
2014
2
City of Dubuque Partnership — City Staff
Mike Van Milligen
City Manager
Crenna Brumwell
City Attorney
THE CITY OF
D U B3%k fE-
Masterpiece on the Mississippi
Schmitt Island
Marie Ware
Leisure Services
Manager
Wally Wernimont
Planning Services
Manager
Teri Goodman
Director of Strategic
Partnerships
Jill Connors
Economic Development
Director
• Advocated for 6M improvement to Community Ice Center
City and DRA staff meet weekly to coordinate strategic
initiatives on Schmitt Island
• City staff constantly seeks State and Federal funds to
advance Schmitt Island related projects
• Designated Schmitt Island within an Opportunity Zone
Steve Sampson Brown
Project Manager
I�
40
Anderson Sainci
Shared Prosperity
Director 3
SCHMITT
ISLAND
Schmitt Island
Q Casino
Lease Update
Q Casino Cash Flow Projections
$15.8 $15.9
$13.9
$11.8
$23.L
$21.8
20.7 $20.6 $20.9
$1
$22.7
$
$21.9 22.6
$21.1
14.2 14.1
2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 202S
Schmitt Island
Actual Results
Projections with Development
Projections w/o Development
5
The Road Ahead: Development Critical Milestones
• Engage DRA Board, Dubuque Initiatives and City Leadership
• Improve Collateral Package
Refine Project Scope
�✓ Develop Construction Budget
EV
• Calibrate Financial Return
• $eCUYE Financing (Municipal, Private, Destination Iowa &Opportunity Zone
• Implement phased Masterplan
1.1
Schmitt Island
Extended lease Highlights
• Reduce $2.5M in future debt obligations for our upcoming remodel
• Extends lease term to December 31, 2055
• Enables debt to be amortized over a 30-year period
Schmitt Island
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
12/09/2022
and for which the charge is 348.80
Subscribed to before me, a Notary Public i nd for
Dubuque County, Iowa,
this 9th day of December, 2022
ICJ
Notary ub 'c in and for Dubuque County, Iowa.
,.,P r a JANET K. PAPE
=j y Commission Number 199559
My Commission Expires
rows 12/11/2025
TelegraphHerald.com • Telegraph Herald • Friday, December 9, 2022 7C
CITY OF DUBUQUE, IOWA OFFICIAL NONCE 11
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 19 day of December
2022, at 6:30 p.m. in the Historic Federal Building, 350 West Sixth Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council
proposes to dispose of an interest in real property to the Dubuque Racing Association Ltd. by the FirstAmendment to the Second Amended
and Restated Lease.
The real property encumbered by the First Amendment to the Second Amended and Restated Lease Agreement Is shown on Exhibits A
N1d B.
At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above
action. The ufficlal agenda will be posted the Friday before the meeting and will contain public Input options. The City Council agenda can
be accessed at https://cityafdubuque.novusagenda.com/AgendaPubliC/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@
chyofdubuque.Drg.
Written comments regarding the above public hearings may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubuqus.
org or by mail to City Clerk's Office, City Hall, 50 W.13 St., Dubuque, IA 52001, before said time of public hearing. At said done and place
of public hearings the City Council will receive any written comments.
Capin of supporting documents for the public hearings are an file in the City Clerk's Office and may be viewed Monday through Friday
between 8:00 am. and 5:00 p.m.
Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should contact the City
Clerk's Office at (563) 589-4100, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing Individuals can use Relay laws
by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 5- day of December 2022.
Adrienne N. Brelffelder, City Clerk
RESOLUTION NO.374-22
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY FIRST AMENDMENT TO THE SECOND AMENDED AND RESTATED LEASE
AGREEMENT WITH THE DUBUQUE RACING ASSOCIATION, LTD.
WHEREAS, the City of Dubuque, Iowa (CIM entered into Second Amended and Restated Lane Agreement with the Dubuque Racing
Association, Ltd. (DRA) On January 4, 2022; and
WHEREAS, the parties now desire to amend the Second Amended and Restated Lease Agreement; and
WHEREAS, the City Council of City believes It Is in the best Interests of City to approve the First Amendment to the Second Amended
and Restated Lease with the Dubuque Racing Assuclation, Ltd.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. The City Council intends to dispose of City's interest in the foregoing -described real property pursuant to the First
Amendment to the Second Amended and Restated Lease Agreement
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a Notice to be published as prescribed try
Iowa Code §364.7 of a public hearing on City's intent to dispose of the foregoing -described real property, to be held on the 19" of December
2022, at 6:30 o'clock p.m. In the City Councll Chambers at the Historic Federal Building, 350 W. 6" Street Dubuque, Iowa
Passed, approved, and adapted this 5" day of December, 2022.
/sBmd M. Cavanagh, Mayor
Attest Adrienne N. Brelgelder, City Clerk
EXEIIBrr A
LEASED PREMISES
EXHIBIT A: LEASED PREMISES
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Alllr+'.. r
i
4
LEGAL DESCRIPTION -LEASED PREMISES
A part of the Southwest Quarter of Fractional Section 17 and part of the Southeast Quarter of Fractional Section 18, T89N, R3E, 5" P.M. in
the City of Dubuque, Dubuque County, Iowa, previously known as "Lease Area A", more particularly described as follows:
Commencing as a point of reference at the Southeast Comer of Southeast Quarter of Fractional Section 1B, T89N, ME, 511 P.M. in the City
of Dubuque;Dubuqua.Cqunty„Igwa - -
Thence N01126'43"W 338.68 feet along the westerly line of said Southeast Quarter to a point of intersection with the northerly right of way
line of Greyhound Park Road, said point being the point of beginning (this Is an assumed bearing for this description only);
Thence N87158'1I"IN 523.04 feet along said right of way to a point of curvature;
Thence northwesterly 390.04 feet along a 1489.15 foot radius curve concave northerly (chord N8012T58" W 388.93') continuing along
said right of way to a point of tangency;
Thence N72157'45"W 97.09 feet continuing along said right of way to a point of curvature;
Thence northwesterly 305.03 feet along a 2175.10 foot radius curve concave southerly (chord N761 304.78ft.) continuing along
Wit right of way to a point of tangency;
Thence N80159'51"W 473.77 feet continuing along said right of way to a point of curvature;
Thence southwesterly 317.30 feet along a 421.14 foot radius curve concave southeasterly (chord S77125'l6" W 309.86 ft.) continuing
along said right of way to a point of non -tangency;
Thence Ill 1"W 162.14 feet;
Thence N28106'34" E 163.57feet;
Thence N581481 I"E 674.06 feet;
Thence N36103'4T E 305.50 feet;
Thence N87133'30" E 418.14 feet;
Thence S84132'50" E 132.74 feet;
Thence S71150'OB" E 79.09 feet;
Thence S66144'07" E 384.16 feet;
Thence S64139'07" E 374.89 fast;
Thence S52103'20" E 63.33 feet to a point of non -tangent curvature and point of; intersection with the westerly right of way line of
Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 fact radius curve concave southeasterly (chord S13157'08"W 137.21 It) along sold
right of way to a point of tangency;
Thence S00157'20"W 523.35 feet continuing along said right of way;
Thence S46129'35"W 14.01 feet continuing along said right of way;
Thence N87158'11"W 9.10 feet along the northerly right of way line of Greyhound Park Road to the point of beginning, said Lease Area
A containing 36.235 acres, more or less; and
A part of the Southeast Quarter of Fractional Section 18 and part ofthe Northeast Quarter of Fractional Section 19. T69N, R3E, 5" P.M. In line
City of Dubuque, Dubuque County, Iowa, previously known as "Lease Area B" more particularly described as follows:
Commencing as a point of reference at the Southeast Corner of Southeast Quarter of Fractional Section 18, T89N, 113E, 5- P.M. In the City
of Dubuque, Dubuque County, Iowa;
Thence S88137'17"W 2,573.92 fee[ along the southerly line of said Southeast Quarter to a point of intersection with the westerly right of
way line of Greyhound Park Road, said point being the point of beginning of Lease Area B (this Is an assumed bearing for this description
only);
Thence northeasterly 175.43 feet along a 466.90 foot radius curve concave northerly (chord N30`35'19"E 174.40 ft.) continuing along
said right of way to a point of tangency;
Thence N411291499.75 feet continuing along said right of way to a point of curvature;
Thence northeasterly 101.55 feet along a 425.14 foot radius curve concave southeasterly (chord N49103'50"E 101.31 ft.) continuing along
Mid right of way to a paint of Intersection with the westerly line of Dubuque Racing Association Lease A;
Thence N2613911 "W 2.02 feet continuing along said westerly line to a point two (2) feet In perpendicular distance from the westerly right
of way line of Greyhound Pads Road;
Thence southwesterly 102.32 feet along a 427.14 foot mtllus curve concave southeasterly (chord S49104'47"W 102.07 ft.) continuing
along a line parallel to sold right of way; _
Thence S41129'57"W 499.75 feet continuing along said parallel line to a point of curvature;
Thence southwesterly 176.18 feet along a 468.90 foot radius curve concave southeasterly (chord 530'35'20"W 175.15 ft.) continuing
along said parallel line to a point of tangency; -
Thence S19145 23' W 163.65 feet continuing along said parallel line;
Thence southeasterly 227.53 feet along a 254.57 foot radius curve concave northeasterly (chord S9114 46"E 220.03 ft.) continuing along
sold parallel line
Thence S34151'03"E 45.73 feet continuing along said parallel line;
Thence S12141 43"W 35.04 feet W the northerly comer of an existing structure easement as shown on the Plat of Survey recorded as
Instrument No. 2009-182251n the Office of the Dubuque County Recorder
Thence S30106'07"W 20.00 feet along the northwesterly line of said easement;
Thence S59153'53"E 32.52 Feet along the southwesterly line of sold easement to a point of intersection with the northerly right of way
line of East I& Street; '
Thence northwesterly 72.26 feet along a 75.00 foot radius curve concave westerly (chord N7114'59"W 69.50 ft.) along the westerly right
of way line of Greyhound Park Road;
Thence N34151'03"W 45.73 feet along said right of way line;
Thence northwesterly 225.70 feet along a 252.57 foot radius curve concave easterly (chord N9114'46"W 2181 ft.) continuing along said
right of way line;
Thence NI9145'23"W 163.65 feet continuing along said right of way line to the point of beginning, said Lease Area B containing 0,062
acres, mom or less.
Excepting therefrom the following area (Exception 1):
A parcel of land lying within the Southeast Quarter of Fractional Section 18, Township 89 North, Range 3 East of the 5th Principal Meridian,
Dubuque County, laws, previously known as "Dubuque Casino Hotel, L.L.C. Lease Area", more particularly described as follows:
Commencing at the Southeast comer of said Fractional Section 18 (the South line of the Southeast Quarter of Fractional Section 18 bears
North 88 degrees 37 minutes 17 seconds East for the purposes of this description);
Thence North 51 degrees 42 minutes 10 seconds West 1642.95 feet, to the point of beginning;
Thence North 64 degrees 38 minutes 50 seconds West, 98.25 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 85.67 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 27.46 feet:
Thence North 25 degrees 21 minutes 10 seconds East, 51.08 feet;
Thence North 64 degrees 38 minutes 50 seconds West 22.29 feel;
Thence Northeasterly, 45.81 feet along the am of a circular curve concave to the Southeast, having a radius of 25.00 feet, a central angle
of 104 degrees 58 minutes 10 seconds, and whose chord bears North 25 degrees 21 minutes 10 seconds East, 39.67 feel;
Thence South 64 degrees 38 minutes 50 seconds East, 22.29 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 92.33 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 70.00 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 44.67 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 213.83 feet
Thence South 25 degrees 21 minutes 10 seconds West, 102.00 feet
Thence South 64 degrees 38 minutes 50 seconds East, 118.56 feet,
Thence South 25 degrees 21 minutes 10 seconds West, 17.42 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 182.81 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 59.75 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 38.17 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 41.33 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 24.17 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 41.33 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 38.17 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 52.35 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 48.29 feet
Thence South 25 degrees 21 minutes 10 seconds West, 97.26 feet to the point of beginning.
Said Exception t containing 1.317 acres (57,364 square feet), more or less.
Also excepting therefrom, the following area (Exception 2):
A part of the Southwest Quarter of Fractional Section 17 and part of the Southeast Quarter of Fractional Section 18, T89N, 113E, 5" P.M. in
the City of Dubuque, Dubuque County, Iowa, previously known as "Iowa Greyhound Association Lease Area", more particularly described
as follows:
Commencing as a point of reference at the Southeast Comer of Southeast Quarter of Fractional Section 18, T89N, R3E, 5" P.M. in the City
of Dubuque, Dubuque County, Iowa;
Thence N01126'43"W 338.68 feet along the westerly line of said Southeast Quarter to a point of intersection with the northerly right of way
line of Greyhound Park Rod, (this Is an assumed bearing for this description only);
Thence N87158'11"W 523.04 feet along said right of way to a point of curvature;
Thence northwesterly 390.04 feet along a 14119.15 foot radius curve concave northerly (chord N80°27'58" W 388.91 continuing along
said right of way to a point of tangency;
Thence N72157'45"W 97.09 feet continuing along said right of way to a point of curvature;
Thence northwesterly 305.03 feet along a 2175.10 foot radius curve concave southerly (chord N76158'48"W 304.78 ft.) continuing along
said right of way to a point of tangency;
Thence N80159 51 "W 473.77 feet continuing along said right of way to a point of curvature;
Thence southwesterly 317.30 feet along a 421.14 foot radius curve concave southeasterly (chord S77125'l6" W 309.86 ft.) cortinuing
along said right of way to a point of non -tangency;
Thence N26139'11"W 162.14 feet;
Thence N28106 34' E 163.57 feet;
Thence N58148'11"E 674.06 feet;
Thence N36°03'47" E 305.50 feet;
Thence N87133'30" E 418.14 feet;
Thence S8413250' E 4.78 feet to the point of beginning;
Thence S84132'50" E 127.97;
Thence 571150'08' E 79.09 feet
Thence S66144'07" E 384.16 feet;
Thence S64139'07"E 374.89 feel;
Thence S52103 20" E 63.33 feet to a point of non -tangent curvature and point of intersection with the westerly right of way line of
Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave southeasterly (chord S13157'08"W 137.21 ft.) along said
right of way to a point of tangency;
Thence S00157'20" W 114.43 feet continuing along said right of way;
Thence N 85129'S4" W 131.35 feet along the centerline of an existing driveway;
Thence S 24115'59"W 8.46 feet;
Thence N 64106'04" W 139.48 feet along an existing curb line;
Thence S 25112'45" W 22.26 feet;
Thence N 61W 37.80 feet;
Thence N 24128'45" E 4.47 feet;
Thence N 65139'31"W 25.89 feet;
Thence 5 25 33'59- W 147.1e lest: - - - -
Thence N 65-0917" W 72.72 feet along an existing fence line;
Thence N 25-5413' E 38.56 feet;
Thence N 64-57'11"W 555.83 feet along an existing building line and fence line;
Thence N 14112'59" E 32.91 feet;
Thence N 25-3318" E 23.03 feet;
Thence N 61131'32" W 21.16 feet,
Thence N 26140'38" E 198.60 feet along an existing fence line;
to the point of beginning, containing 8.016 acres, more or less.
Excepting therefrom the following:
Commencing at the previous point of beginning
Thence S84132'50" E 132.74;
Thence S71150'08" E 79.09 feet
Thence S66144'07" E 384.16 feet; -
Thence S64139'07" E 374.89 feet;
Thence S52103'20" E 63.33 feet to a point of non -tangent curvature and point of Intersection with the westerly right of way line of
Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave southeasterly (chord S13157'08"W 137.21 ft.) along said
right of way to a point of tangency;
Thence 500157'20" W 114.43 feet continuing along said right of way;
Thence N 65-291 W 131.35 feet along the centerline of an existing driveway;
Thence S 24115'59" W 6.46 feet;
Thence N 64106'04" E 139.48 feet along an existing curb line;
Thence N 06138'39"W 115.97 feet to the point of beginning of this exception;
Thence N 24114'23"W 48.61 feet
Thence N 65145'38"W 56.04 feet;
Thence S 24114'21"E 48.61 feet
Thence S 65145'39"E 56.04 feet to the point of beginning, containing 0.063 acres, mom or less;
Said Exception 2 containing approximately 7.953 acme, mare or less.
The above -described LEASED PREMISES is as shown on Exhibit A and contains approximately 27.027 acres, more or less (Lease
Area A 36.235 acres and Lane Area B 0.062 acres, less Exception 1 1.317 acres and Exception 2 7.953 acres), and is subject to easements
of record and not of record.
F-N=rr B
ADDITIONALPREBIISES
EXHIBIT B: ADDITIONAL PREMISES ,!
w t�
,.
LEGAL DESCRIPTION -ADDITIONAL PREMISES m
A part of the Southwest Quarter of Fractional Section 17 and part of the Southeast Quarter of Fractional Section 18, T89N, 113E, 51h P.M. in
the City of Dubuque, Dubuque County, Iowa, previously known as "Iowa Greyhound Association Lease Area", more particularly described
as follows:
Commencing as a point of reference at the Southeast Comer of Southeast Quarter of Fractional Section 18, T89N, R3E, 5" P.M. in the City
of Dubuque, Dubuque County, Iowa;
Thence N01126'43"W 338.68 feet along the westerly line of said Southeast Quarter to a point of intersection with the northerly right Of way
line of Greyhound Park Road, (this is an assumed bearing for this description only);
Thence N87158'11"W 523.04 feet along said right of way to a point of curvature;
Thence northwesterly 390.04 feet along a 1489.15 foot radius curve concave northerly (chord N80127'58" W 388.93') continuing along
said night of way to a point of tangency;
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
12/09/2022
and for which the charge is 77.51
Nuoscribed to before me, a Nota ublic in and for
Dubuque County, Iowa,
this 9th day of December, 2022
Notary Pt15* in and for Dubuque County, Iowa.
ti�P� t o JAMET IL PAPS
_ ., , Commission Number 199559
My Commission Expires
• rows 12/11/2021
A4
8C Friday, December 9, 2022 • Telegraph Herald - Telegraph Herald.com
Thence N72' 57'45"W yi. r!n feet continuing along said right of way to a point of curvature;
Thence northwesterly 305.03 feet alu1ig,?2175.10 foot radius curve concave southerly(Chord N76'58'48"W 304.78fL)continuingalang
said right of way to a point of tangency;
Thence N80'59'51 "W 473.77 feet continuing along said ngiht of way to a point of curvature;
Thence southwestedy 317.30 feet along a 421.14 foot radius cu,vre concave southeasterly (chard S77-25'16" W 309.86 fL) continuing
along said right of way to a point of non -tangency; -
Thence N26-39'11"W 162.14feep -- ---_
Thence N28-06'34" E 163.57 feet;
Thence N58-48'11"E 674.06 feet;
Thence N36-03'47" E 305.50 fee[;
Thence N87'33'30" E 418.14 feet
Thence S84'32'50"E 4.78 feet to the paint of beginning;
Thence S84'32'50" E 127.97;
Thence S71-50'08" E 79.09 feet; _
Thence S66'44'07" E 384.16 feet;
Thence S64'39'07" E 374.89 feel;
Thence S52'03'20" E 63.33 feet to a point of non -tangent curvature and point of intersection with the weserly right of way line of
Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave southeasterly (chord S13-57'08" W 137.21 ft.) along said
right of way to a point of tangency; _
Thence S00'57'20" W 114.43 feet continuing along said right of way;
Thence N 65-29'54" W 131.35 feet along the cerdedine of an existing driveway;
Thence S 24-15'59" W 8.46 feet
Thence N 64-06'04" W 139.48 feet along an existing curb line;
Thence S 25*12'45" W 22.26 feet;
Thence N 6614745" W 37.80 feet
Thence N 24-28'45" E 4.47 feet
Thence N 65-39'31"W 25.88 feet
Thence S 25-33'59" W 147.19 fast
Thence N 65-0917" W 72.72 feet along an existing fence line;
Thence N 25-54'13" E 38.56 feet;
Thence N 64-57'11"W 555.83 feet along an existing building line and fence line;
Thence N 14'12'59" E 32.91 feet;
Thence N 25-33'18" E 23.03 feet;
Thence N 61'31'32" W 21.16 feet,
Thence N 26'40'38" E 198.60 feet along an existing fence line;
to the paint of beginning, containing 8.016 acres, mom or less.
Excepting therefrom the following:
Commencing at the previous point of beginning
Thence S84'32'50" E 132.74,
Thence S71'50'08" E 79.09 feet;
Thence S66-44'07" E 384.16 feet;
Thence S64-39'07" E 374.89 feet;
Thence S52'03'20" E 63.33 feet to a point of non -tangent curvature and point of inersecticn with the westerly fight of way line of
'Admiral Sheehy Drive; -
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave southeasterly (chord 813-57'08"W 137.21 ft.) along said
right of way to a point of tangency;
Thence S00'57'20"W 114.43 feet continuing along said right of way;
Thence N 65'29'54"W 131.35 feet along the centerline of an existing driveway;
Thence S 24-15'59" W 8.46 feet
Thence N 64'06'04" E 139.48 feet along an existing curb line;
Thence N 06'38'39"W 115.97 feet to the paint of beginning at this exception;
Thence N 24-14'23" W 48.61 feet;
Thence N 6545'38"W 56.04 feet;
Thence S 24-14'21" E 48.61 feet
Thence S 65'45'39"E 56.04 feet to the point of beginning, containing 0.063 acres, more or less;
The above -described ADDITIONAL PREMISES is as shown an Exhibit B and contains approximately 7,953 acres, mare or less, and is
s2131ect to easements of record and not of record.
1t 12/9
adno=319699