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Iowa Amphitheater on Schmitt Island Project: Request to Distribute RFQ and Create an RFQ Review Committee
City of Dubuque City Council Meeting Consent Items # 014. Copyrighted May 15, 2023 ITEM TITLE: Iowa Amphitheater on Schmitt Island Project: Requestto Distribute RFQ and Create an RFQ Review Committee SUMMARY: City Manager recommending City Council approval to release the Request for Qualifications (RFQ) for professional services for the Iowa Amphitheater on Schmitt Island Project and that the City Manager be authorized to negotiate and execute an agreement with the recommended consultant. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Grant Application Supporting Documentation THE CITY OF Dubuque DUB TEE1. All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Iowa Amphitheater on Schmitt Island Project Request to Distribute RFQ and Create an RFQ Review Committee Project Number: 3049900010 DATE: May 11, 2023 Project Manager Steve Sampson -Brown is recommending City Council approval to release the Request for Qualifications (RFQ) for professional services for the Iowa Amphitheater on Schmitt Island Project and that the City Manager be authorized to negotiate and execute an agreement with the recommended consultant. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen L[yTI LWA Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jenny Larson, Chief Financial Officer Gus Psihoyos, City Engineer Marie Ware, Leisure Services Manager Jill Connors, Economic Development Director Wally Wernimont, Planning Services Manager Anderson Sainci, Director of the Office of Shared Prosperity Jared Charland, Project and Facilities Manager THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen - City Manager FROM: Steve Sampson Brown - Project Manager Dubuque JUI-Anedes City 2007.2012.2013 2017*2019 SUBJECT: Iowa Amphitheater on Schmitt Island Project Request to Distribute RFQ and Create an RFQ Review Committee Project Number: 3049900010 DATE: May 10, 2023 INTRODUCTION The purpose of this memorandum is to request City Council approval to distribute a Request for Qualifications (RFQ) for architectural and engineering services for the construction of the Iowa Amphitheater on Schmitt Island Project (IASIP). BACKGROUND The City of Dubuque has previously applied for and been awarded a Destination Iowa Outdoor Recreation Fund grant administered by the Iowa Economic Development Authority (IEDA). Prior to the grant being awarded, city staff received an IEDA request to consider a singular focus for the grant. Several outdoor recreation amenities were included in the original grant application. City and Dubuque Racing Association (DRA) staff chose to update the application with a singular focus of the outdoor amphitheater (now called the Iowa Amphitheater on Schmitt Island) as staff and the DRA felt it best met the criteria of the Destination Iowa Outdoor Recreation grant program and would produce the strongest application in a very competitive pool of applications. On March 10, 2023 the City was notified of the grant award by IEDA and that the amount of grant funding would be $3,000,000 of the total project cost of $15,442,961. The budget for the project is as follows: Budget Items Cost Real Estate Acquisition $0 Construction — Amphitheater — City and DI Grant $11,784,961 Site Prep — Deconstruct Dog Track — DRA $1,OSO,000 Fixtures/Furniture/Equipment— One model cabin - DRA $100,0000 Landscaping — Schmitt Island Signage — DRA $1,300,000 Construction —Surface Parking Upgrades- DRA $1,208,000 TOTAL PROJECT COSTS $15,442,961 Page 1 of 3 DISCUSSION This grant fund is designed to encourage development and enhancements to outdoor recreation opportunities in Iowa, such as major outdoor attractions. Proposals must articulate how the funding will be used to enhance tourism to the region and/or state. Applicants are required to demonstrate how the project will be a draw to people from outside of the local community and/or out of state. Eligible applicants include cities, counties, not -for -profit organizations. Applicants must address handicapped accessibility beyond meeting minimum ADA compliance requirements. Destination Iowa is a State of Iowa grant program administered through the Iowa Economic Development Authority (IEDA). Destination Iowa has $100 million in three program areas which include the Outdoor Recreation Fund to bolster the quality of life in Iowa's communities and attract visitors and new residents to the state. It provides grants to help communities move forward on transformational, shovel -ready outdoor recreation attractions. Destination Iowa provides new opportunities to create and invest in attractions that will raise Iowa's profile, welcome out-of-state travelers, and increase visitor spending while accelerating tourism's recovery. It spurs local economies and contribute to efforts to recruit new members of Iowa's workforce. The major scopes of work covered by this RFQ are: • Project Management Services • Architectural Design Services • Electrical Engineering Services • Mechanical Engineering Services • Structural Engineering Services • Civil Engineering Services • Site Survey and Construction Staking Services • Bidding Phase Services • Construction Administration Services Geotechnical Engineering Services will be procured through a separate RFQ process. Environmental/Hazmat Engineering Services will be provided by the City's existing on -call consultant. Proposed Project Schedule: The completion of the design phase = May 2024. The completion of the award phase = August 2024. The completion of construction phase = May 2026. The schedule for the RFP distribution and consultant selection is as follows: RFP Release to the Public May 19, 2023 Response Due Date June 6, 2023 Consultant Interviews June 19-23, 2023 Recommendation to the City Manager June 28, 2023 Recommendation to the City Council July 5, 2023 Page 2 of 3 The recommend review committee for the submitted proposals is as follows: • Marie Ware, Leisure Services Manager • Jill Connors, Economic Development Director • Wally Wernimont, Planning Services Manager • Anderson Sainci, Director of the Office of Shared Prosperity • Jared Charland, Project and Facilities Manager • Steve Sampson Brown, Project Manager • Dubuque Racing Association — Four Representatives RECOMMENDATION It is recommended that the City distribute the Iowa Amphitheater on Schmitt Island Project RFQ and solicit proposals from qualified consultants to provide the stated professional services. BUDGETIMPACT The estimated cost for consulting services associated with the Iowa Amphitheater on Schmitt Island Project is estimated to be between $800,000 - $1,100,000. This work will be funded from the Chaplain Schmitt Island — Iowa Amphitheater CIP (#3049900010) which has a total available budget of $3,000,000 in FY24 plus the $3,000,000 in IEDA grant funding. ACTION TO BE TAKEN I respectfully request authorization to release the RFQ for professional services for the Iowa Amphitheater on Schmitt Island Project and that the City Manager be authorized to negotiate and execute an agreement with the recommended consultant. SSB/ssb CC' Jenny Larson — Director of Finance & Budget Gus Psihoyos - City Engineer Marie Ware — Leisure Services Manager Jill Connors - Economic Development Director Wally Wernimont — Planning Services Manager Anderson Sainci - Director of the Office of Shared Prosperity Jared Charland — Project and Facilities Manager Steve Sampson Brown - Project Manager Page 3 of 3 Iowa Amphitheater on Schmitt Island City of Dubuque Destination Iowa Grant K)WAO economic developmer 1 Page City of Dubuque, Destination Iowa Grant Application SECTION 1- PROJECT INFORMATION AND ELIGIBILITY Please select one grant fund from which you are requesting assistance below. The grant fund from which the City of Dubuque is requesting assistance is the: Outdoor Recreation Fund • Project will be a draw to the community ❑x • At least 60% of the necessary funding to complete the project is secured ❑x • Applicant is a city, county, or not -for -profit organization. ❑x • Project is a major outdoor amenity that enhances outdoor recreation ❑x Name of Project: Iowa Amphitheater on Schmitt Island Date Submitted: Original submission on 10/4/2022 modified 12/9/2022 Applicant Organization: City of Dubuque (City) Organization Type: ❑x City ❑ County ❑ Non-profit organization ❑ For -profit business Address: Citv of Dubuaue Citv Hall 50 W. 131h Street City: Dubuque State: Iowa Zip Code Contact Person: Marie Ware Title: Leisure Services Manager Telephone: 563-564-7566 Email: mware@cityofdubugue.org Federal Identification Number: 42-6004596 County: Dubuque County City Population: 59,667 Anticipated Construction Start Date: January 1, 2024 Anticipated Construction Completion: December 31, 2024 Anticipated Opening Date: Spring/Summer 2025 Grant Request: $5,784,961 Total Project Budget: $15,442,961 52001 Grant request and Total project budget should match the amounts shown in Section 2. Project Address (if different from above): Schmitt Island, 1855 Greyhound Park Rd, Dubuque, IA 52001 2 1 P a g e City of Dubuque, Destination Iowa Grant Application Executive Summa The City of Dubuque (City) is requesting a $5,784,961 Destination Iowa grant for the Iowa Amphitheater on Schmitt Island that will create a recreational landmark and gateway from Wisconsin into Iowa connecting people to a key outdoor recreational asset. This $15,442,961 development will enhance outdoor recreational amenities and activities and increase tourism opportunities on Schmitt Island in Dubuque and the State of Iowa. Schmitt Island is a connected island along the Mississippi River at Dubuque that welcomes tourists and community residents to outdoor recreation and entertainment. The proposed project will create a signature destination and a dramatic "front door" to Dubuque and to the State of Iowa. This project is designed to be the iconic outdoor recreational gateway that will connect tourists to the Mississippi River and create a sense of place improving the Islands' overall outdoor recreational amenities and attractions. Schmitt Island was formed from a channel backwater in the 1930s to allow river access for an industrial district. The Island was initially used as an airport during WWII and was then used as a landfill through the 1970s. Beginning in the 1980s, it became the city's parkland for a great variety of uses and activities, including recreation, gaming, and memorials. Schmitt Island is owned by the City, who then leases out portions of the Island to various entities. The length of the leases varies, allowing the City to work with the lessees in implementing future development. The City also regulates land uses on the Island through PUD zoning ordinances and design guidelines. There are currently two access points to the Island, one from Wisconsin heading west and one from downtown Dubuque heading east. Both accesses are via US Highways 61 and 151. Schmitt Island's location on the Mississippi River makes it a perfect location for publicly accessible boating and outdoor recreational activities and hots one of Dubuque's two municipal boat ramps. The interior of the Island is used for sports, gaming, and is the location of the region's veteran's memorials. The Island lends itself to beautiful Mississippi water views; colorful sunsets; and a plethora of recreational activities such as camping, biking, walking, ice skating, skateboarding, softball/baseball, concerts, and wildlife viewing. The Island is surrounded by two different channels lending different characteristics and opportunities. A current map of Schmitt Island can be found in Exhibit I. The Island is home to the Dubuque Ice Arena owned by the City and managed by the the non-profit Schmitt Island Development Corporation (SID). The $7.1 million facility opened in 2010 and is undergoing $6.6 million in renovations to be completed with the major improvements completed before the 2023 ice hockey season and additional improvement work continuing. The Ice Arena is home to the Dubuque Fighting Saints, a Tier 1 junior ice hockey team playing in the United States Hockey League. The Saints draw visitors from around the tri-state area throughout the season and have never missed the playoffs since the arena opened. Schmitt Island is part of the much larger natural system of the Upper Mississippi River Valley, portions of which are reserved and managed by the US Fish & Wildlife Service as refuge areas for birds, fish, plants, and other wildlife. The Island itself is not protected as part of this refuge system but provides various public and private venues to enjoy and experience nature. Schmitt Island's location is also adjacent to the Great River Road National Scenic Byway, a 250-mile road along the mighty Mississippi River. 3 1 P a g e City of Dubuque, Destination Iowa Grant Application The Island is in a designated Opportunity Zone and is in Census tract 1, in the City of Dubuque. This area is a lower income area of Dubuque where many of the residents do not have transportation and Schmitt Island is an employment center and a recreational area. The median household income in this census tract is 68% of the State median income and 65% of the national median income and 77% of the City of Dubuque median income. The percent of minority population in census tract 1 is 26.7% compared to the State of Iowa at 15% overall and much higher than the City of Dubuque at 12.2%. The DRA is a lease holder on Schmitt Island and has been a key organization in the Dubuque community since 1985. It is one of two nonprofit racing associations in Iowa and in the United States. The original focus was the greyhound racetrack, which brought jobs to the region. Then years later, gaming and entertainment were added to co -exist with the greyhounds. Iowa no longer hosts greyhound racing, and the site of the dog kennels and track is the proposed site of the Iowa Amphitheater on the island. The DRA is also a charitable organization granting millions of dollars annually to nonprofits of Dubuque and surrounding area. A copy of the lease between the City and DRA is in Exhibit VI. The DRA's mission is "through its gaming and entertainment facilities provides for social, economic and community betterment and lessens the burden of Dubuque city and area government, while contributing to the growth and viability of Dubuque area tourism." The DRA adopted the following vision, "The DRA is a dynamic community resource, acting as a catalyst to enhance the quality of life and financial well-being for the tri-state community." The DRA is unique because they are one of only two gaming organizations in the country established and for the benefit of a local government entity. In fact, since its founding they have contributed more than $244 million back to the City of Dubuque and over $300 million to the State of Iowa. Their business model is simple. The DRA distributes 100% of their winnings after expenses, which includes the 4.5% of adjusted gross receipts they receive monthly from the Diamond Jo Casino. A third of the money goes to area charities, a third goes to the City of Dubuque, and a third will now go toward efforts to develop and enhance amenities on the City -owned Schmitt Island. Simply put, this money supports organizations and projects that have a direct impact on improving the lives of people in the Dubuque area! With the long-standing partnership between the City and the DRA, the Iowa Amphitheater on Schmitt Island project, is poised for success. The City is taking the lead role by applying for the Destination Iowa grant and will manage the grant including bidding and all construction aspects with their experienced city staff who have managed many successful state and federal grants. Upon completion, the DRA, through a management agreement, will manage the completed project utilizing their vast experience managing recreational facilities. The DRA and the City have also partnered to providing matching funds for this iconic project. The project vision is to create the Island as "Dubuque's Gateway to Entertainment and the Mississippi River" as was set forth in the Schmitt Island Master Plan developed in 2014 and updated in 2017 and the Schmitt Island Placemaking & Implementation Plan adopted in June 2017. The mission adopted for this exciting project is to create "a connected island that welcomes visitors and the community to recreation, entertainment and the outdoors." DRA launched a new Schmitt Island development webpage on its website, of which the public can find updates, renderings, DRA's Schmitt Island master plan, as well as sign up for email alerts. The site can be found at https://schmittisland.com/. Please visit the site for a copy of the full Schmitt Island Master Plan. In addition to the vision plans, the DRA hosted the Young Professionals (YP) of Dubuque for a walk about focus group tour of Schmitt Island. The purpose was to introduce the group to the Island, share the vision that was created through the master planning process, and send them out to explore the space and return with ideas 4 1 P a g e City of Dubuque, Destination Iowa Grant Application that would make an impact on the overall visitor experience. The event was attended by 30 YP members received quality feedback from the group. Many of the comments focused on adding signage, ADA accessibility and improved restroom facilities, lighting the bridge, and the addition of a permanent concert space. Overall, the feedback received from the group aligned with the improvements from the master planning process. The feedback from the Young Professionals reinforced the importance and need for a Wisconsin gateway to Iowa crossing the Mississippi River at Dubuque. The City has raised 62.5% of the match toward the $15,442,961 project and is requesting 37.5% or $5,784,961 from the Destination Iowa Grant. The Dubuque City Council in its 2020-2022 Policy Agenda, identified implementation and phasing of the Schmitt Island Mater Plan as one of its top priorities. Project goals are to: 1. Connect the river front and make the island part of a larger regional walking and biking trail system. 2. Celebrate Schmitt, Island highlighting special Island characteristics that make it a unique place to visit and stay. 3. "Put your feet" in by expanding opportunities to get out on the Mississippi River. 4. Spend the day and night and visit in any season by bringing new visitors to the Island and developing activities and events for all seasons. 5. Create the gateway to Iowa making it a signature destination for Iowa and Dubuque. Since the 2017 Schmitt Island Master Plan update, the City of Dubuque has refined the strategic direction from the vision and mission and created eight strategic goals for the Iowa Amphitheater on Schmitt Island and they are as follows: 4`�yy`• y Apr } �J"~ -E, 1. Increase foot traffic on the Island. 2. Build an outdoor recreational landmark and create a gateway and the "front door" to Iowa and Dubuque. 3. Bring people to the Island. 4. Think big. 5. Leverage the Island program for economic development. 6. Connect the Island to Dubuque and the region. 7. Create a year-round destination. 8. Create opportunities for education. The City of Dubuque is asking the Iowa Economic Development Authority to partner on this impactful project to create a unique and exciting gateway into Iowa that will grow the economy across the State, build upon current outdoor recreational amenities already on the Island, connect people to new economic opportunities, and attract tourists from all over the nation. We welcome your thoughtful consideration of a Destination Iowa grant to implement this plan. 5 1 P a g e City of Dubuque, Destination Iowa Grant Application Project Description After the record high unemployment rate of the early 1980s, the City of Dubuque and its public and private partners worked to diversify the economy and came back in 2005 to be named one of the fastest growing cities in the Midwest. The City has been building on its success with its partners by investing in award winning development and revitalization projects along the riverfront. Projects such as the Bee Branch Restoration, Historic Millwork District and the Port of Dubuque are strong examples to reinvesting in underperforming sites and bringing increased revenue to the city. These and other projects, specifically the national excitement around the development of a stadium at the Field of Dreams, point toward continued progress and provide an exciting context for the future of Schmitt Island. Not only do these investments build on each other and share momentum, they can be physically connected with public infrastructure, ultimately creating a walkable and bikeable riverfront and regional environment. The Iowa Amphitheater on Schmitt Island project will be a $15,442,961 investment in an outdoor amphitheater on Schmitt Island which will be completed by January 1, 2025. This Destination Iowa request is $5,784,961 or 37.5% of the overall total project cost. Schmitt Island is Dubuque's only developed island on the Mississippi; therefore, this project highlights its unique attributes. The overall project addresses the master plan, creative A IOWA AMPHITHEATER & SITE AMENITIES "40 _GREEN ROOM & EXISTING TRAIL (1 'l &ACK OF HOUSE `I STAGE I I 1 % ( FIXED SEATING AREA IOWA SIGN PROPOSED WALK Jc_ AMPHITHEATER �•�t GROUNDS LU e z i Y i MISSISSIPPI RIVER ENTRANCE TO 7IOWA AMPHITHFATER - 111Trj� FESTIVALGROUNDS RD so aLANNING • DESIGN I�.r'.. 9- FOOD TRUCK STAGING y placemaking goals, and the top priority of the Dubuque City Council: increase foot traffic on the Island; build a recreational landmark and create a gateway and the "front door" to Iowa and Dubuque; bring people to the Island; think big; leverage the Island program for economic development; connect the Island to Dubuque and the region; create a year-round destination; and create opportunities for education. 6 1 P a g e City of Dubuque, Destination Iowa Grant Application Schmitt Island is currently a mix of entertainment, recreation, leisure, and remembrance. The large-scale vision and enhancements are to create a gateway to outdoor recreation and entertainment to Dubuque from Wisconsin into Iowa. The City of Dubuque is requesting funding specifically from the Destination Iowa fund for the Iowa Amphitheater on Schmitt Island. This outdoor recreation enhancement is part of the overall larger vision for the City of Dubuque and is the centerpiece of the Schmitt Island Masterplan. The vision for the project is outlined below including matching project activities and the projects targeted with the Destination Iowa grant funds. 7 1 P a g e City of Dubuque, Destination Iowa Grant Application PROJECT COMPONENTS FUNDED WITH DESTINATION IOWA FUNDS 1. Develop an Outdoor Performing Arts Amphitheater (Destination Iowa funding and City Matching funds) Anchoring the Schmitt Island Recreation Area will be a large open-air performance amphitheater, a great civic space that will attract "A" and "6" national acts, as well as a venue local symphony, college and university performing groups, nonprofit events, and regional performances. A stage will be constructed, with an "artful" stage canopy, helping to create a sense of place, covering a portion of the stage square footage to enhance acoustics and protect from sun and weather. The amphitheater is planned as a versatile space to host varied audiences and sized for regional acts with 2,000 to 3,000 patrons and for national acts of 5,000 to 7,000 people. The amphitheater will have the potential to accommodate America's River Festival, an annual event that draws people from across the State of Iowa, Wisconsin, and Illinois, accommodating 8,000 to 10,000 people. The large open space around the stage can be used flexibly, for recreational and public events of all kinds, and the space will be accessed by ADA-compliant walks from other areas on the Island. The City and DRA will regularly provide assistive technologies including I -Caption units (handheld closed caption devices), assistive listening devices (headphones that amplify the sound on stage), closed captioned performances, sign language interpreted performances, and D-scriptive audio devices that provide a detailed account of all onstage activity. The new outdoor amphitheater will provide flexibility in staging and the ability to adapt to the audience size accommodating the needs of performers, patrons, and the event itself. The amphitheater location on the Island will highlight both the land and the river aspects. It will be fully accessible by ADA compliant sidewalks; abut up to Miller Riverview Park, the 97-unit outdoor "hotel" for recreational vehicles and campers; and be visible from the Iowa -Wisconsin Mississippi River bridge especially when entering Iowa leaving a lasting first impression to visitors. An "Iowa" sign will be installed in a small plaza area near the entrance of the amphitheater that will include landscaping with lighting for visitors to take photos of their lasting memories from attending an event at the Iowa Amphitheater on Schmitt Island. In addition to the paid acts, the DRA will host community events in the amphitheater. The community events are typically free events with door donations and the food and beverage net proceeds going to a nonprofit charity that the event is supporting. For these events, there is no revenue for the DRA, however, there is expense to the DRA associated for production, security/labor, stage/event rental, etc. These expenses are donated by the DRA or provided in -kind at no cost from the DRA to the event promotor with any proceeds raised at the event going to a nonprofit charity or benefiting the community. 8 1 P a g e City of Dubuque, Destination Iowa Grant Application A full-size rendering can be found in Exhibit II. The four main components of the outdoor amphitheater are: • Open air canopy, stage, and seating that will accommodate varied audience sizes from regional events of up to 2,500 people to national acts of 3,000 to 4,000 people with built in flexibility that will open up the facility for new events and destination activities. The Amphitheater will create a landmark destination and gateway for visitors to see as they cross the Mississippi River Bridge identifying their entrance into Iowa. It will serve as a "front door" to the city and to the state of Iowa from Wisconsin. Flexible open space to utilize the amphitheater for local events and activities in addition to a concert series with the ability to host local food trucks and experiential activities such as regional poetry events, Art on the Island, sidewalk chalk competitions, etc. ADA-compliant outdoor amphitheater with ADA compliant parking and sidewalks to the Amphitheater from the parking areas. An "Iowa" sign will create a landmark selfie destination for visitors to interact with. The "Iowa" sign will be located in a small plaza area and will create an opportunity for visitors to take photos of their lasting memories from attending an event at the Iowa Amphitheater on Schmitt Island. Outdoor Amphitheater —Destination Iowa Request $5,784,961 Outdoor Amphitheater — City and DRA local funds $9,658,000 Total Destination Iowa and Match $15,442,961 LOCAL MATCH PROJECTS TO THE DESTINATION IOWA GRANT FUNDS 1. Nonprofit, Dubuque Racing Association, resort development including deconstruction of the existing dog track and kennels, new Schmitt Island marque, way finding signage, and rehabilitate/improve the existing hard surface parking. The Dubuque Racing Association (DRA) is providing local matching funds by deconstructing the current dog track and kennels providing the location where the new amphitheater will be constructed. Greyhound racing in Iowa ended and the last race was run on the DRA track in May 2022. The track, kennels, and support facilities now sit vacant. In addition to the deconstruction project, the DRA will be revamping its surface parking with a new overlay and striping to accommodate the additional parking demand created by the new Iowa Amphitheater and tourists to Schmitt Island. Additional ADA accessible parking places will be added for visitors coming to the Iowa Amphitheater. A large marquee sign will be constructed to identify Schmitt Island as visitors cross the Mississippi River and approach the island. The large marquee sign will create a sense of arrival on to the Island. The Schmitt Island marquee sign is in addition to the Iowa Sign located in the plaza by the Iowa Amphitheater on Schmitt Island. Additional signage will be added throughout the Island's north end to improve way finding and connectivity throughout the island and improve connectivity to Iowa's Amphitheater, available parking, and other island amenities. 9 1 P a g e City of Dubuque, Destination Iowa Grant Application The DRA plans to add one "glamping" cabin near the entrance of Miller Riverview Park and adjacent to the proposed Iowa Amphitheater to utilize as a staging area and model cabin for their future cabin vacation rental program. The model cabin initially will be used as a construction base for contractors and visitors to check in to tour the construction site. The cabin will provide visitors the opportunity to view the plans and renderings for the Iowa Amphitheater on Schmitt Island as well as see plans for future development phases. DRA plans to explore a partnership with Iowa State University to 3-1) print the cabins as technology becomes available. This would be in a future phase of Island development. Documentation of DRA match can be found in Exhibit VII. Deconstruction of dog track and site prep: $1,050,000 Schmitt Island Marque and wayfinding signage: $1,300,000 Surface Parking lot upgrades Schmitt Island: $1,208,000 One model cabin: $100,000 Total DRA Local Match: $3,658,000 Total Requested Destination Iowa funding - $5,784,961 Total Local Matching Funds - $9,658,000 Total project - $15,442,961 Documentation of project matching funds can be found at the end of this document in Exhibit VII. The 101 Page City of Dubuque, Destination Iowa Grant Application SECTION 2 - PROJECT COSTS AND FINANCING Project Cost Estimates: Use the following chart to summarize the project budget. Do not include any project expenses that have already been expended or work that has already been completed. Grant funds will be disbursed on a reimbursement basis for eligible expenses only. REFER TO DETAILED ARCHITECTURAL ESTIMATES IN EXHIBIT III. REFER TO DETAILED SOURCES AND USES BUDGET IN EXHIBIT IV. Budget Items Cost Real Estate Acquisition $0 Construction — Amphitheater — City and DI Grant $11,784,961 Site Prep — Deconstruct Dog Track — DRA $1,050,000 Fixtures/Furniture/Equipment — One model cabin - DRA $100,0000 Landscaping — Schmitt Island Signage — DRA $1,300,000 Construction — Surface Parking Upgrades - DRA $1,208,000 TOTAL PROJECT COSTS $15,442,961 Sources of Financing: List project funding sources that have been secured in the chart below. Note that the program requires at least 60% of the proposed project budget must be secured prior to application consideration. Documentation of funding sources is a required attachment. Sources of Financing Source Amount Section 2 Attachments Destination Iowa Grant Request * $5,784,961 Public Funding (city/county) $6,000,000 Refer to Exhibit VII Private —DRA Equity/Debt $3,658,000 Refer to Exhibit VII American Rescue Plan (ARP) funds $0 Other, describe - TOTAL Financing $15,442,961 * Refer to page 2 of the application for the maximum grant request allowed for each fund. Requests that exceed the allowable percentage will be returned to the applicant as ineligible. 111Page City of Dubuque, Destination Iowa Grant Application SECTION 3 - PROJECT PLANNING & TIMELINE 1. What is the timeline for the project? As outlined in the project timeline below, the project is shovel ready and can be initiated immediately after a Destination Iowa grant award contract is executed. Project construction is estimated to be completed by October 31, 2024, with events being held in the amphitheater by Spring/Summer 2025. The City of Dubuque has administered many successful state and federal grants and is fully aware of the importance to adhere to project timelines. The City of Dubuque has successfully completed on time and on budget multiple projects that have benefited from significant state and federal grants including the $40 million America's River Vision Iowa grant, the $98.5 million Iowa Flood Mitigation grant for nationally recognized Bee Branch Creed flood mitigation project, the $30 million HUD Iowa Watershed Approach National Disaster Resiliency Award restoring inundated housing units. 2. If work on the project is already underway, please indicate - a. What has been completed at time of application? Work on this project has not begun but the City is prepared to begin work immediately after the grant award with the deconstruction of the existing dog racing facility and kennels. b. Confirm these expenditures are not included in the proposed project costs: N/A 3. Is this project located in a Qualified Census Tracts? YES 2021 and 2022 Small DDAs and QCTs I HUD USER NO ❑ Schmitt Island is located in census tract 1. The median household income in this census tract is 68% of the State median income, 65% of the national median income and 77% of the City's median income. The percent of minority population in census tract 1 is 26.7% compared to the State of Iowa at 15% overall and much higher than the City's at 12.2%. A significant proportion of the city's population suffers with a disability (13.6%). Between 2016 and 2020, the median household income in Dubuque was $54,938 (compared to $61,836 in Iowa and $64,994 nationally) and 13.2% of residents lived below the poverty line (compared to 11.1% statewide and 12.8% across America). No vehicles are available to 8.3% of Dubuque's 121 Page City of Dubuque, Destination Iowa Grant Application population, making it even more important for people to have access to Schmitt Island through trail connectivity. In addition to Census tract 1, Dubuque's northern North End (Census Tract 5) and Point (Census Tract 3), are also neighborhoods positively impacted by the Iowa Amphitheater on Schmitt Island. Census Tract 1, 3 and 5 neighborhoods, are significantly more diverse and low income than the City as a whole. Minorities comprise 26.7%, 17.1%, and 28.8% of Census Tracts 1, 3, and 5, respectively, compared to 12.2% across Dubuque. Median household incomes are also 25-50% lower in these neighborhoods ($42,262 in Census Tract 1, $48,295 in Census Tract 3, and $32,977 in Census Tract 5) than the national level ($64,994). Poverty is more than twice as high than the United States rate in Census Tracts 1 and 5. Disability rates also range between 15.9-20.1% in the project area. An investment from Destination Iowa will provide direct benefits to minority and low-income in these qualified low-income census tracts. Census Census Census United Dubuque Iowa Tract 1 Tract 3 Tract 5 States Minority 26.7% 17.1% 28.8% 12.2% 15.0% 39.9% Median Household $42,262 $48,295 $32,977 $54,938 $61,836 $64,994 Income Poverty 29.1% 17.0% 29.5% 13.2% 11.1% 12.8% Receive Food Stamps/SNAP Benefits 27.2/ 18.9% 32.0% 11.4% 9.8% 11.4% No Vehicle 20.2% 8.4% 14.2% 8.3% 5.7% 8.5% Commute by 21 9% 3.4/ 14.5/ 5.3/ 4.4/ ° 4.4/ Walking/Biking Persons with 20.1% 15.9% 16.5% 13.6% 11.8% 12.7% Disabilities Source: U.S. Census Bureau, 2016-2020 American Community Survey Many households in the project area do not have a vehicle. North End, Point, and Washington neighborhood residents also commute more by walking, biking, and transit. Alternative transportation options are particularly important to millennials, low-income residents, and people who do not own vehicles in Dubuque. Maintaining an efficient transportation system with reliable buses, safe streets, bike lanes, and sidewalks is imperative to reducing barriers to opportunity for these populations. Schmitt Island and the DRA is a source of employment and leisure activities for the lower income residing in Census Tracts 1, 3 and 5. Community partners have provided letters of support which can be found in Exhibit IX. 4. Is the project located in a community with an average median income below 185% of the federal poverty level? YES ❑ NO ❑X 131 Page City of Dubuque, Destination Iowa Grant Application S. Is the project located in a community that was disproportionately impacted by the COVID-19 pandemic? If yes, how does this 7.5K__ project address that 0K negative impact? Yes, Dubuque was 4.5K disproportionately 0K impacted by the COVID-19 pandemic. 1.5K Unemployment peaked in Dubuque UK 199s 1998 2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022 in April 2020 as the world shut down. Over 6,700 people were unemployed with over a 12% unemployment rate and the national average at 14.8%. The chart above illustrates the number of people unemployed in Dubuque at the peak of the pandemic. The two casinos comprising the Dubuque Racing Association were disproportionately impacted due to loss of revenue during the pandemic. As stated earlier, the DRA contributes one-third of its earnings to the City of Dubuque annually and one-third distributed through grants to local non -profits and the other one-third back to Schmitt Island maintenance and improvements. As indicated in the chart below, monthly gaming revenues decreased from almost $10,000,000 among the two casinos between January 2020 to March 2020 to NO income, ZERO, from April 2020 to July 2020 when the casinos were closed for business due to COVID-19. The casinos have finally returned to pre-COVID levels in April 2021. This loss in revenue impacted the income to the City of Dubuque in 2021 and eliminated the DRA grant program for non -profits in 2021. Dubuque Monthly Oeaming Revenue 4 ti$ �$ tia N% 14 �,4 1g %A •yam ry� �►� �L �►� ry1 �� ,apt PQc' _1�1 oz _9 � P�� ��� 0y ,4 0r VQ '31 0`� �¢ct ��. V31 00� ,act PQc' "ter Source: IRGC, GMA C,t Cu sino Dice mo nd Jo % - Dubuque murkef shame Another challenge businesses faced in the Dubuque region was the supply chain disruptions, which still exist today. During the peak of COVID-19, this disruption particularly hurt Dubuque's agricultural producers who were suddenly without the traditional outlets for their product including restaurants and schools. As time went on and we have learned to live with COVID-19 as part of our everyday life, people have returned to the DRA casino for recreational activities, but we also have learned that people seek outdoor recreational activity and entertainment. The Iowa Amphitheater on Schmitt Island project provides the multitude of outdoor recreational activities that people are seeking as the result of COVID- 19 and the change in lifestyle. When COVID-19 was at its peak and lives were upended, leisure time outdoors became increasingly popular across the country. The travel patterns for recreational activities 141 Page City of Dubuque, Destination Iowa Grant Application also changed after COVID-19. Prior to COVID-19, only 10.8% of people seeking outdoor recreation traveled outside a two-mile radius. Now, over 49% stay within that two-mile radius for recreational activities. The United States saw a record number of visitors at national parks in 2020 and 2021, approximately a 20% increase in outdoor recreational activities overall. While not everyone can afford a trip to a national park like Yellowstone National Park, people in Iowa, Wisconsin and Illinois can afford to make a trip to Schmitt Island for a concert at the Iowa Amphitheater and participate in other outdoor recreational activities on the Island that will be further developed through the Destination Iowa grant and with the City implementing the Master Plan. This project is virtually pandemic resilient by its nature of being an outdoor recreational destination, giving visitors the ability to socially distance if necessary, and provide safe family -oriented activities. 6. Does the strategic planning for this project include handicapped accessibility? If so, does it go beyond basic ADA compliance? ADA is a priority for the City. Every aspect of the overall Iowa Amphitheater on Schmitt Island will include ADA accessibility, including the DRA funded portion of this project, as well as the elements for which we are seeking Destination Iowa funding. The following is a list of ADA improvements included in the Destination Iowa funded portion of the project: • The Outdoor Amphitheater will include ADA-compliant sidewalks leading to the amphitheater from the parking lots and connecting amenities as well as designated seating areas for wheelchair accessibility. • The City and DRA will regularly provide assistive technologies including I -Caption units (handheld closed caption devices), assistive listening devices (headphones that amplify the sound on stage), closed captioned performances, sign language interpreted performances, and D-scriptive audio devices that provide a detailed account of all onstage activity. • Improving wayfinding and signage including ADA compliant signage will improve the enjoyment for all. • The DRA is ensuring the parking lot is ADA accessible parking during their parking renovations for this project. • The plaza area for the "Iowa" gateway sign near the Iowa Amphitheater will be ADA accessible. • Hiring designers/architects that know ADA compliance regulations and will ensure this project is compliant. 7. Has the planning for this project incorporated any other state priorities such as water quality, rural broadband access, or rural development? Yes, this project takes into consideration water quality and water conservation. Schmitt Island is part of the much larger natural system of the Upper Mississippi River Valley, portions of which are reserved and managed by the US Fish & Wildlife Service as refuge areas for birds, fish, plants, and other wildlife. While the Island itself is not protected as part of this refuge system, certain areas or habitats may be protected. For example, the lower portion of Lake Peosta Channel is home to a large mussel bed that includes an endangered species called Higgins' Eye Clams. Similarly, some of the wetlands that line much of the Island edges may be protected as well. For example, much of the Island's north end is a wetland that was mitigated, meaning that it is protected and likely cannot be modified. Because much of the Island lies in a floodplain, an area which has flooded previously, new structures proposed must comply with FEMA regulations. As this project moves forward, the City of Dubuque will work closely with regulating agencies to ensure limited impact on the environment and positive impact to water quality and how we interact with the major waterway will set the course for the future. This project connects people to Iowa's unique outdoor recreational opportunity on the Mississippi River. 151 Page City of Dubuque, Destination Iowa Grant Application SECTION 4 - ECONOMIC IMPACT & LEVERAGE 1. Please describe how this project will be a draw for your community? Dubuque and the surrounding communities within a 60-mile radius do not have a grand open-air amphitheater that can accommodate and attract "A" and B" national acts. This project will enhance Schmitt Island adding to its current attractions and enhancing it as a landmark for the community and the region. The amphitheater will create a great civic space that will attract "A" and "B" national acts, as well as be a venue for performances by the local symphony, college and university performing groups and regional performances. The amphitheater stage, with a partial canopy covering to enhance acoustics and protect from sun and weather, will enable a versatile mix of performances. The large open space around the stage can be used flexibly, for recreational and public events of all kinds, and the space will be accessed by ADA- compliant paths and trails from other areas on the Island. The new amphitheater is flexible enough to accommodate smaller local events of 1,000 to 2,000 people up to "A" entertainers that will draw 5,000 to 8,000 people. Currently the Backwater Stage, an asphalt surface parking lot turned into a venue adjacent to the Q Casino, accommodates a maximum of 3,000 to 5,000 people and does not provide the flexibility that the new amphitheater will provide. For comparison purposes, for 2021 the Backwater Stage attendance was 15,119 people (2,160 average attendance) total with seven show events and in 2022 the attendance was 19,337 people (2,792 average attendance) with seven show events. The new outdoor amphitheater at an average attendance of 3,300 people per event and the ability to host nine shows per year, will increase the average total attendance to 30,000 people annually. The DRA anticipates hosting an additional seven community/regional events annually with an average of 1,650 per event for an additional 11,600 annually in attendance. The draw for the outdoor amphitheater will range from local nonprofit groups utilizing the flexible space for fundraising events and the ability to host local food trucks and experiential activities such as regional poetry events, art on the island, sidewalk chalk competitions, etc., to the grander larger concerts with "A" and "B" national acts drawing from the Dubuque community as well as the surrounding states and communities. People stay or live in downtown Dubuque, visit, and tour the murals throughout town on the side of many downtown buildings created by local artists, ride the historic Fourth Street Elevator, eat, and play in the Millwork District, and head to Schmitt Island for recreational and outdoor activities. The Iowa Amphitheater on Schmitt Island will provide additional employment opportunities for people in the community. The island is adjacent to the lower income census tracts in Dubuque and provides walkable and bikeable access to an employment center offering various shifts. 2. Who is the target audience for this project? Please be specific about the targeted group demographics and location. The target population for the project are all populations within a 3-4 hour driving distance to Dubuque. This project will draw from Des Moines, Madison, Milwaukee, Chicago, Galena, Platteville, and the Quad Cities. The events at the Amphitheater will be varied and the DRA as the management entity will have the ability to broaden the market and target varied demographics depending on the events. According to the Iowa Economic Development Authority's Travel Iowa 2022 data: • The average distance a visitor traveled from their home has increased dramatically from 123.3 miles to 202.7 miles from 2021 to 2022. • The number of visitors coming from in -state compared to out-of-state decreased from 64.5% to 53.3%. More visitors are coming from out of state to Iowa. 161 Page City of Dubuque, Destination Iowa Grant Application Travel Dubuque is the official destination marketing organization tasked with marketing for Dubuque. Travel Dubuque has witnessed the same trend as the national trend, where consumers today want more from their trips than visiting overcrowded tourist sites; they want a tourist experience. Experience tourism is where a traveler engages in a specific activity during their visit to their chosen destination. Adventure tourism caters to those travelers wanting the outdoor experience. The Experience Schmitt Island... Mississippi River Outdoor Amphitheater and Island Trails project will attract travelers from across the state of Iowa and surrounding states for their destination experience. Travel Dubuque's emphasis for marketing efforts include a media buy heavily focused on digital and social opportunities. The primary markets Travel Dubuque reach are as follows: • Madison DMA • Chicago DMA • Des Moines/Ames DMA • Minneapolis/St. Paul DMA • Milwaukee DMA • Rochester/Mason City/Austin DMA • Cedar Rapids/Waterloo/Iowa City/Dubuque DMA • (Emerging market outside of 200 miles — Omaha DMA) According to Dubuque area's laborshed analysis prepared by Iowa Workforce Development, an estimated total population (ages 18-64) of 350,532 people are in the Island's laborshed, with an estimated total labor force of 286,216; and the geographic reach of the laborshed area is 145 miles north -to -south (Prairie du Chien, WI -to- Carbon Cliff, IL) and 103 miles west -to -east (Lamont, IA - to- Warren, IL) and 99 miles: The furthest distance commuters are traveling (Cedar Falls, IA -to- 4 1$ 10 6V 9P 1Zo • d Likely to Gnangaificrapt EMPPUY Bnt 51a.., Plaice of Ra34dencr [per ZP Cade] OB � ��t"-3 8 �G1✓f H-y'M1�4yb I_ Prnps ca lr`b � �.i9$-$.l93 171 Page City of Dubuque, Destination Iowa Grant Application Dubuque, IA) is 98 miles. This laborshed is a target audience for the Schmitt Island project as the workforce is already willing and/or traveling in and out of the Dubuque area for work. In addition to the Laborshed data for the region, the study conducted by Global Market Advisors, for the Dubuque Racing Association, provided an analysis and map illustrating the targeted regional market for the Dubuque Racing Association and Schmitt Island. The map is very consistent with the Dubuque Area Laborshed but has a broader radius due to the recreational activities in addition to employment opportunities. The region extends through Illinois almost to Lake Michigan and as far west as Waterloo, Iowa. Letters of support from the community can be found in Exhibit IX. 3. Please describe the economic impact of these visitors. With the addition of the outdoor amphitheater and eliminating the current Backwater Stage, which is a surface parking lot concert venue, it is estimated that total attendance per summer will increase from 2022 attendance of 19,337 people with seven show events to 3,300 people per event with the ability to host nine shows per year. The total attendance averaging 30,000 people annually over a five-year time span. In addition, the local community events will bring in another 11,500 people per year. Prior to the COVID-19 pandemic, in 2019, attendance averaged 60,800 people total annually at Ice Hockey events. The Backwater Stage in 2022 had over 15,800 attendees at their public concert events. The Hilton Garden Inn had over 35,693 room nights. The Miller Riverview Campground has gone from 5,512 campsites rented to 7,986 in 2021. The number of adult visitors increased from 12,361 to 17,611 during that same time period. Prior to COVID-19, in 2019, we know that an average visitor spent $381 per day in tourism spending while in Dubuque. The average of a stay in a community is .6 of a day. Below is an 181 Page City of Dubuque, Destination Iowa Grant Application excerpt from the Economic Impact Study included in Exhibit V, outlining the impacts of the visitors to Schmitt Island. The analysis assumes that fifty percent of concert attendees will come from outside of Dubuque County. The table below provides the project team's forecast of annual attendance for ticketed events at the newly constructed amphitheater and the estimated number of out-of-town visitors attending the events. The project team expects that the amphitheater will also host number admission -free of community events each year. The projected attendance at these events is not included in the tourism estimates because almost all attendees will be from the local area. Amphitheater Event Attendance Proiections Year 2025 2026 2027 2028 2029 Total Number of Ticketed Events 9 9 9 9 9 45 Average Attendance Per Event 2,800 3,080 3,388 3,557 3,735 - Ticketed Event Attendance 25,200 27,720 30,492 32,017 33,617 149,046 Out -of -Town Visitors 12,600 13,860 15,246 16,008 16,808 74,523 Additional Analysis Assumptions: • The analysis assumes that out-of-town visitors will stay in the area for an average of 1.5 days. • The analysis uses average daily per -person spending estimates from the 2019 Iowa Welcome Center Survey. • The analysis assumes that on -site spending at the amphitheater including tickets, food and beverage, and merchandise is included in the average daily spending per -person. • The analysis uses the following formula to estimate the total amount of spending by visitors in the area: Number of Visitors * Average Length of Stay * Average Per Person Spending = Total Direct Visitor Impact. • The analysis assumes that the amphitheater will be completed and able to accommodate a full slate of events in 2025. iverage Daily Per -Person Lodging Entertainment Transportation Food $67.82 $32.51 $19.72 $43.53 Shopping $40.14 Total $203.72 Over five years, amphitheater events are expected to generate $22.7 million in direct out-of-town visitor spending. The table below includes the estimates of community spending by industry. Estimated Out -of -Town Visitor Spendina (Thousands) Year 2025 2026 2027 2028 2029 Total Lodging $1,282 $1,410 $1,551 $1,629 $1,710 $7,581 Entertainment $614 $676 $743 $781 $820 $3,634 Transportation $373 $410 $451 $474 $497 $2,204 Food $823 $905 $995 $1,045 $1,098 $4,866 Shopping $759 $835 $918 $964 $1,012 $4,487 Total $3,850 $4,235 $4,659 $4,892 $5,136 $22,773 191 Page City of Dubuque, Destination Iowa Grant Application 4. Please describe additional development (private or public) that will occur as a result of this project. The Schmitt Island Master Plan includes additional projects that will develop as funding is secured. The projects include the following: Complete Miller River View Park Upgrades: Miller Riverview Park is a beloved and popular park — one of few opportunities to camp on the Mississippi River — consisting of a 20-acre campground and mitigated wetlands. The eastern edge of the park borders the scenic Mississippi River and the Iowa -Wisconsin Bridge. The wetlands in Miller Riverview Park are mitigated wetlands, created in 1987 as a part of a project at Kerper Blvd and 19th Street. They consist of a variety of different habitats, wetlands, and open water. The park includes 97 full electric hook-ups for recreational vehicles, tent pull -through spots, firepits, picnic pavilions and playground equipment. The 97 RV sites are gravel and require upgrades to cement pad surfaces to hasten post -flooding recovery. Miller RV Park, in essence, is a 97-room hotel with a completely different demographic than the Hilton Garden Inn or any other local hotel environment. The City and the DRA plan to make it easy for those campers to reach other amenities on the Island through a trail system. The City and DRA have major cleanup and improvement plans for the campgrounds, including: • Repairing and/or replacing decaying and eroded gravel pads and replace with cement pads. • Providing better facilities and more diverse camping options. • Upgrading electrical service. • Improving the campground's vegetation and restoring the landscape. Thus, reducing maintenance requirements. • Enhancing welcome and wayfinding signage that will provide a better experience for visitors. Estimated Cost: $1,250,000 Redevelopment and Improvement of McAleece Park & Recreation Complex and Fields: The 21-acre McAleece Park and Recreation Complex consists of three softball fields, one regulation baseball field, concession stands, playground equipment, picnic tables, a skate park and BMX biking track. The park was developed in the early 1980s and, like the rest of the Island, is built over an old landfill and airport. Overtime, material from the landfill has compacted and settled significantly, with a different rate of settlement occurring under buildings than under the ballfields. The City of Dubuque and the Dubuque Racing Association plan to renovate this entire complex and are in conversations with the owners to create a "Field of Dreams East," bringing it back to code compliance and making a safer, more connected and better experience for all who use it. Plans include: a. Redeveloping all four ball fields to meet baseline levels for recreational play and ensuring the ability to host softball and Little League tournament games. b. Adding new surfacing, seating and concession stands, and improving the fencing. c. Reconfiguring the skate park and pump track, add a concession building and playground area. d. Adding an ADA-compliant trail connection so this area has a clearer link to the ice center and other island amenities. Estimated Cost: $8,000,000 Complete Water Taxi studv and develop implementation clan: The City of Dubuque and DRA will complete a study to develop and determine a route for taking people from one end of the Schmitt Island to the other end and to transport people to other destinations on the river in Dubuque such as the Port of Dubuque and the various marinas. This creates a more enjoyable and unique experience; allows visitors to get out on the Mississippi River if they don't have a boat; and improves traffic circulation for local people and tourists. Estimated Cost: $62,000 for the study 201Page City of Dubuque, Destination Iowa Grant Application Estimated Cost to implement water taxi will come from the study. Complete Water Sports Club Upgrades into a Public Beach Recreation Area: The western edge of the Island currently is a private Water Sports Club that leases a portion of the river's edge on the Island for launching, staging and event watching. The Water Sports Club represent a range of boaters and water enthusiasts, including dragon boaters, water skiers, rowers, kayakers, and canoeists. The City is planning for this area now leased by the club on the Peosta Channel to become a public water -based recreation area and beach. Investments will have to be made to create a stable and calm water environment for boating and swimming. This would entail dredging the channel to an appropriate depth and using the dredge materials to create stable islands on the northern portion of the channel. Islands will help balance the hydrology of the channel ensuring that Mussel habitat is protected while at the same time providing stable and relatively calm (but not still) water in the channel for recreational use. The proposed project would include: • Use of newly dredged material to stabilize island and calm northern portion of the channel. • A larger boat house that is more accessible and in a visible location. • Creation of a water based recreational area including an ADA-compliant public beach, fishing pier and public trail. • Creation of an open area in the channel for public water sporting events. • Providing multiple viewing points and access areas to the Mississippi River. Estimated Cost: $2,000,000 Trail Connectivity: The City of Dubuque was awarded Community Projects Funding for a project sponsored by Congresswoman Hinson. A top priority for the City is the development of a continuous trail system around Schmitt Island that is connected to the regional trail system. This project provides for a multi- purpose trail connection that will head directly east of the 16t" Street bridge over the Peosta Channel to Schmitt Island and supports the flow of visitors to Schmitt Island's Veteran's Memorial Plaza. The goal is for trail users to safely walk, run or bike to the Veterans Memorial Plaza at Schmitt Island. The City's "Schmitt Island Trail Connection" will help finalize an underfunded portion of a major community development project, connecting a 30-mile trail system with Schmitt Island, through Dubuque, all the way to Dyersville. Estimated Cost: $815,000 An essential piece of the Schmitt Island Master Plan is to improve and develop connectivity and signage along existing Island trails and provide a connection to the Iowa's Amphitheater. The City and the DRA will partner and plan to update and enhance the existing trails and extend them to better connect the north end of Schmitt Island; connect the Amphitheater with the trail system; adding appropriate lighting; signage for visitors; and ensuring the trail system is ADA compliant. Estimated Cost: $1,000,000 Art on the Island: The Art on the River public art exhibit in Dubuque is located along the Mississippi Riverwalk in the Port of Dubuque. Anyone can stroll the picturesque walkway that stretches from the Star Brewery to the National Mississippi River Museum and Aquarium past the Grand River Center on the shores of the Mississippi to view a juried collection of sculptures that are changed out every year in late July. The exhibit is free to experience, and informational brochures are available at informational kiosks located near the middle and the south end of the Riverwalk. The City Council approved the creation of the Art on the River program in November 2005. This innovative initiative has garnered community -wide support and national recognition from the arts and tourism industries, drawing creatives and visitors 211Page City of Dubuque, Destination Iowa Grant Application from around the country to Dubuque. The annual exhibit is now a permanent part of the City's Office of Arts and Cultural Affairs operating budget and the City Council added Art on the River Initiatives as a high priority in the 2020-2022 policy agenda. Each year the City consults with industry experts and the City's Arts and Culture Affairs Advisory Commission to select ten finalists from a highly competitive field of local and national artists. The final selections are unveiled at a Grand Opening in early August and are displayed for the entire year in one of Dubuque's most visited locations, the Port of Dubuque. There are plans underway to expand and replicate the Art on the River to Schmitt Island creating "Art on the Island." The public exhibit would add eleven more artists to the annual event creating an annual public art exhibit on Schmitt Island open and free to the general public. Estimated Cost: $25,000 initial investment Island Cabin Experience: In addition to Miller Riverview Park and the Hilton Garden Inn, the DRA has plans to add Island cabins for the "glamping" experience. Nestled in the trees along the river's edge, 15 to 20 cabins will be added in a future Schmitt Island development phase. The DRA intends to work with the universities in Iowa to 3-D print the cabins when the technology is readily available and have them delivered onsite. Estimated Cost: $2,000,000 5. Does this project have a regional or statewide impact? Please explain. This project is expected to draw visitors and tourists from across the State of Iowa, regionally from the surrounding states and also nationally with the addition of "A" and "B" entertainment playing at the new Amphitheater. We know from data collected by Travel Dubuque, that they draw from Madison, Chicago, Des Moines, Minneapolis, Milwaukee, Rochester, Mason City, Cedar Rapids, Iowa City, Dubuque and a recent emerging market of Omaha. Through the IMPLAN economic impact analysis, the additional $18,353,940 investment will produce significant regional economic and statewide impacts over the seven-year analysis period. In 2023, 2024, and the first half of 2025 economic impact will be generated by the design, engineering, and construction projects. Construction of the project will support a total of 231 jobs and $28.8 million in economic output over two and half years. The venue will host its first events in 2025. Tourism related to these events is expected to generate $4.9 million in economic output and support 58 area jobs in its first year of operations. In in the following years event attendance at the amphitheater and the resulting economic impact is exapted to grow, generating $6.6 million in economic output and supporting 77 jobs in 2029. The IMPLAN model scenario estimates that from 2025 to 2029, the Experience Schmitt Island Project will support a total of $58 million in regional economic output and 342 jobs. Beyond 2029, the annual economic impact of the amphitheater is expected to continue and has the potential to grow even larger. The facility will have the capacity to bring more visitors to the area by hosting larger events, up to 7,000 people, or by adding more events to its schedule each year. 221Page City of Dubuque, Destination Iowa Grant Application Economic Impact Summary Year 2023 2024 2025 2026 2027 2028 2029 Total Construction Jobs 92 92 46 - - - - 231 Labor Income ($1,000s) 4,978 4,978 2,489 - - - - 121445 Value Added ($1,000s) 6,081 6,081 3,041 - - - - 15,203 Output ($1,000s) 11,543 11,543 5,771 - - - - 28,856 Operations Jobs - - 58 64 70 73 77 342 Labor Income ($1,000s) - - $1,735 $1,909 $2,099 $2,204 $2,315 10,262 Value Added ($1,000s) - - $2,731 $3,004 $3,304 $3,469 $3,643 16,151 Output ($1,000s) - - $4,991 $5,491 $6,040 $6,342 $6,659 29,522 Total Impact Jobs 92 92 104 64 70 73 77 573 Labor Income ($1,000s) $4,978 $4,978 $4,224 $1,909 $2,099 $2,204 $2,315 $22,707 Value Added ($1,000s) $6,081 $6,081 $5,771 $3,004 $3,304 $3,469 $3,643 $31,354 Output ($1,000s) $11,543 $11,543 $10,763 $5,491 $6,040 $6,342 $6,659 $58,378 2029 ECONOMIC IMPACTS In 2029 the economic impact of tourism generated by the amphitheater will directly employ 60 workers making $1.5 million in labor income, contribute $2.3 million to value added and will result in direct economic output of $4.2 million. These tourism activities will require $1.2 million in regionally sourced inputs that will support 8.7 jobs making $432,000 in labor income. When direct and indirect workers spend their paychecks, they will buy $1.1 million in goods and services, which will support 8.2 jobs making $356,000 in labor income and will contribute $630,000 to value added. Overall, the tourism activity related to the amphitheater will support a total of 77.1 jobs, $2.3 million in labor income, $3.6 million in value added, and $6.6 million in output annually. The table below displays the full results of the analysis. Refer to Exhibit V for the full Economic Impact Analysis. Economic Impact of Amphitheater -Related Tourism in 2029 Labor Income Value Added Impact Employment ,6, ......_% Output ($1,000s) Direct Indirect Induced 60.17 $1,526 8.73 $432 8.21 $356 $2,370 $4,247 $643 $1,289 $630 $1,123 Total 77.11 1 $2,315 1 $3,643 1 $6,659 2029 TAX I M PACTS The IMPLAN model forecasts that tourism generated by the amphitheater will have a significant impact on the amount of taxes generated by local, state, and federal governments. The table below includes the tax amounts generated by project -related activity for various levels of government as estimated by the IMPLAN model. Combined, government agencies would be expected to collect a total of $1.06 million as a result of the project in 2029. 231Page City of Dubuque, Destination Iowa Grant Application Tax Impact of Amphitheater -Related Tourism in 2029 Sub County Sub County Impact General Special County State Federal Total (General) Districts ($1,OOOs) ($1,OOOs) ($1,OOOs) ($1,OOOs) ($1,OOOs) Direct $85 $85 $45 $250 $314 $779 Indirect $9 $9 $5 $34 $83 $141 Induced $11 $12 $6 $38 $73 $140 Total $106 $106 $56 $322 $470 $1,061 6. How will the amenity be marketed or promoted once operational? How do the proposed marketing efforts reach your target audience? Schmitt Island currently is marketed by the Travel Dubuque, DRA, Q Casino, and the City of Dubuque. Travel Dubuque is the official destination marketing organization for Dubuque. Funded through hotel/motel tax dollars, a county investment, and private partnerships, Travel Dubuque helps over 560 businesses tell the story of Dubuque at no cost. https://www.traveldubugue.com/ Travel Dubuque has a web presence and utilizes social media platforms such as Facebook, Instagram, and Twitter to promote tourist attractions such as Schmitt Island. Travel Dubuque's emphasis for marketing efforts include a media buy heavily focused on digital and social opportunities. Remarketing to these audiences by way of data capture (social media and website retargeting, email lead generation for remarketing, etc.) is also an important part of marketing strategy. In general, Travel Dubuque looks to market to the primary decision maker in the home, households with dependent children and some expendable income as well as professional and adventurous millennial couples. The primary markets Travel Dubuque reach are as follows: • Madison DMA • Chicago DMA • Des Moines/Ames DMA • Minneapolis/St. Paul DMA • Milwaukee DMA • Rochester/Mason City/Austin DMA • Cedar Rapids/Waterloo/Iowa City/Dubuque DMA • (Emerging market outside of 200 miles — Omaha DMA) The City currently has a web page for the Schmitt Island Master Plan and Miller Riverview Park also has a web page. The DRA recently launched a website dedicated to the Schmitt Island project, www.dradubuque.com/island. There are plans for a mobile app for Schmitt Island that will be connected to Travel Dubuque, City of Dubuque, DRA and the Q Casino. Finally, the cost of billboards will be explored as a potential marketing strategy for the Island. 7. Will the project positively project the state's image on a national scale? This iconic investment creates a sense of place and a destination for local people and for visitors from across the region and nation. The Mississippi riverfront is home to both cultural, recreational, and industrial activity. Schmitt Island is Dubuque's only island in the Mississippi River. This project creates the gateway for Iowa from the Wisconsin for tourists and visitors coming from the east over the Mississippi River bridge into Dubuque. The proposed signage in this project will create that Gateway to Iowa and the "front door" to the Island as you enter the State giving Iowa the recognition it currently does not have on Schmitt Island. When this project is finished, Schmitt Island will be a day trip from Galena, II residents and tourist as opposed to the current situation, where people leave Dubuque for a 241Page City of Dubuque, Destination Iowa Grant Application day trip to Galena. This project will capture a Chicago audience and its suburbs for Dubuque and has the potential of adding 500,0000 visits per year to Iowa. Dubuque has a history of creating iconic attractions with the America's River project, developed in the late 1990's. The initial goal was to raise $25 million to redevelop the riverfront. Soon the $25 million became a $188 million revitalization project with the boost of one of Iowa's first Vision Iowa grant for $40 million. America's River project became one of the most successful projects in the state. The area now known as the Port of Dubuque continues to evolve and it has become a gateway for the City and the state of Iowa. The Iowa Amphitheater on Schmitt Island will be our next iconic attraction to the region and our next resource for outdoor recreational activities. The events planned for the Iowa Amphitheater on Schmitt Island will include nationally known "A" and "B" acts that will draw audiences from states across the Midwest. The DRA has been successful at drawing in national acts such as Dirks Bentley, Brothers Osborne, Nelly, Tesla, Seether, Papa Roach, Sam Hunt, and Dirks Bentley to name a few in the past two years. These acts performed on their current Backwater Stage with limited flexibility, stage capacity and seating. With the ability to draw larger crowds to a full scale covered stage and outdoor seating area, the ability to attract larger scale entertainment and class "A" acts will increase the visibility of Dubuque and the State of Iowa nationally. Additionally, the Mississippi River and the bluff lands are Dubuque's and the State of Iowa's most prominent natural features. Each reinforces the sense of place that distinguishes Dubuque, and each has contributed to the area's visual, recreational, commercial, and community appeal throughout the years. Dubuque's bluff s give added topographical definition and identity to the City. They rise 300 feet in less than a mile, with some reaching 900 feet above sea level. The Mississippi River is valued not only for its scenic beauty, richness of habitat, and recreational opportunities, but also for its role in the region's commercial and industrial success and this project will enhance and create a landmark premier outdoor recreational venue on the Mississippi River in Iowa. Consider this ... through this project, Schmitt Island becoming "Martha's Vineyard of the Midwest!" 251Page City of Dubuque, Destination Iowa Grant Application SECTION 5 - OPERATION & MAINTENANCE 1. Who will be responsible for the operation and maintenance of the project following construction? Are formal agreements in place? The City owns the land where this project will take place and the City leases the land to several entities on Schmitt Island. The main lessor is the Dubuque Racing Association (DRA), one of two private nonprofit casinos in the nation and in Iowa. The DRA manages the Q Casino, Backwater Stage, Hilton Garden Inn, Houlihan's Restaurant, and the Mystique Community Ice Center. The City of Dubuque manages the existing trails, Miller Riverview Campground, Veterans Memorial Plaza, public boat ramp, and McAleece Recreation Area. The DRA will manage the Iowa Amphitheater on Schmitt Island developed by the Destination Iowa grant for the City of Dubuque as part of this project. In 2022, the DRA annually dedicated one third of its cash available for distribution to improve Schmitt Island. The DRA's board understood that improving multi -modal access to the Island would be critical to the Island's success. As such, the DRA approved the $750,000 match to improve the roads, bridges and trailways to the Island. A copy of the executed lease agreement between the DRA and the City of Dubuque is attached in Exhibit VI. 2. Include a chart detailing the expected income for the first five years of operations (add rows as needed): See below on following page. 3. Include a chart detailing the expected expenses associated with the ongoing operations and maintenance of this facility for the first five years (add rows as needed): The operating budget is based on approximately eight to ten (nine average) ticketed national shows annually and six to eight (seven average) community events annually. The ticketed national shows will range from high "A" caliber acts with expected attendance ranging from 5,000 to 7,000 to mid -range "B" caliber acts with excepted attendance ranging from 2,000 to 3,000 to smaller lower "C" caliber acts with excepted attendance ranging from 1,000 to 2,000. With a wide mix of different types of ticketed shows, the DRA is assuming the average attendance over the course of a season at approximately 2,800 attendees per show. The community events are typically free events with door donations and the food and beverage net proceeds going to a nonprofit charity that the event is supporting. For these events, there is no revenue budgeted, however, there is a budgeted line -item expense for community events/in- kind sponsorships. This expense is associated cost such as production cost, security/labor, stage/event rental and etc. that is donated by the DRA or provided in -kind at no cost from the DRA to the event promotor if their proceeds are going to a nonprofit charity or benefiting the community. The net income margins compared to gross revenue is very small as noted below in the budget. However, the mission of the DRA is to break-even or have a small profit, but more importantly to drive visitors and tourism to the community which in turn drives business to the hotels, restaurants, retail, entertainment venues within the community, region and State of Iowa. 261Page City of Dubuque, Destination Iowa Grant Application Destination Iowa Operating Budget Year 1 Year 2 Year 3 Year 4 Year 5 # of National Ticketed Shows 9 9 9 9 9 Average Attandance per Ticketed Show 2,800 3,080 3,388 3,557 3,735 Total Attendance for Ticketed Shows 25,200 27,720 30,492 32,017 33,617 # of Community/Regional Events 7 7 7 7 7 Average Attandance per Community Event 1,500 1,575 1,654 1,736 1,823 Total Attendance for Community Events 10,500 11,025 11,576 12,155 12,763 Total Attendance 35,700 38,745 42,068 44,172 46,380 Revenues Tickets Sales $ 1,234,800 $ 1,358,280 $ 1,494,108 $ 1,568,813 $ 1,647,254 F&B $ 428,400 $ 471,240 $ 518,364 $ 544,282 $ 571,496 Merchandise $ 25,200 $ 27,720 $ 30,492 $ 32,017 $ 33,617 Sponsorships $ 190,000 $ 190,000 �$ 195,000 $ 195,000 $ 200,000 Total Gross Revenues $ 1,878,400 $ 2,047,240 $ 2,237,964 $ 2,340,112 $ 2,452,368 Cost of Sales F&B Product Cost $ 77,370 $ 84,324 $ 92,180 $ 96,387 $ 101,011 Taxes & Ticket Fees $ 104,179 $ 113,543 $ 124,121 $ 129,786 $ 136,012 Total Cost of Sales $ 181,549 $ 197,867 $ 216,301 $ 226,173 $ 237,023 Net Revenue $ 1,696,851 $ 1,849,373 $ 2,021,663 $ 2,113,939 $ 2,215,345 Operating Expenses Entertainment Cost $ 849,913 $ 926,308 $ 1,012,604 $ 1,058,823 $ 1,109,615 Production Cost $ 174,009 $ 189,649 $ 207,318 $ 216,780 $ 227,179 Labor/Security $ 144,233 $ 157,197 $ 171,842 $ 179,685 $ 188,305 Insurance/Fees $ 81,012 $ 88,294 $ 96,520 $ 100,925 $ 105,767 Marketing $ 222,127 $ 242,093 $ 264,647 $ 276,726 $ 290,001 Community Events/In-Kind $ 49,000 $ 53,900 $ 59,290 $ 62,255 $ 65,367 Maintenance (Amphitheater) $ 35,000 $ 38,500 $ 42,350 $ 44,468 $ 46,691 Maintenance (Trails) $ 25,000 $ 27,500 $ 30,250 $ 31,763 $ 33,351 Misc/Rider Expense $ 43,032 $ 46,899 $ 51,269 $ 53,609 $ 56,180 Total Expenses $ 1,623,326 $ 1,770,341 $ 1,936,088 $ 2,025,032 $ 2,122,455 Net Income $ 73,526 $ 79,032 $ 85,575 $ 88,906 $ 92,890 4. Describe the research or studies that were completed to generate the revenue and expense projections. The vision for this local, state, and national outdoor recreational attraction was set forth in a Schmitt Island Masterplan developed in 2014 and updated in 2017, as well as the Schmitt Island Placemaking & Implementation Plan created in June 2017. In December of 2021, Global Marketing Advisors, completed a confidential feasibility study for the Q Casino and the Dubuque Racing Association. Global Market Advisors (GMA) was engaged to prepare a feasibility study for Q Casino to evaluate the path forward for the property, including potential expansion and 271Page City of Dubuque, Destination Iowa Grant Application renovation to its current facilities. GMA performed a site visit to the market area to assess the current casino and overall site footprint, as well as examine regional competition and understand access from core population centers. Gravity model methodology was used to project the local gaming market and property gaming revenues. Hotel revenues were projected for multiple demand segments, including carded and non -carded casino guests and various latent demand segments (e.g., transient, group, etc.). Food & beverage analysis was completed based on average turns and covers by venue type and meal period. A ProForma Income Statement was prepared by estimating payroll and expense margins by department based on GMA's familiarity with similar casino resorts in comparable jurisdictions. Considerations for a phased development approach were integral to this analysis. Additionally, the revenues and ticket sales from the Q Casino Backwater Stage events from 2021 and 2022 were considered based on ticket sales and overall revenues for the outdoor concerts all factored into the revenue and expense projects for this project. Section 6 — Required Attachments Applicants must submit the following attachments: 1. Documentation substantiating project funding. SEE EXHIBIT VII a. Documentation of financing: resolutions, term sheets, private donor/in-kind listing, grant letters. Failure to provide adequate documentation will delay review or cause the application to be deemed ineligible. 2. Detailed cost estimates from an engineer or architect -SEE EXHIBIT III 3. Applicable maps or project renderings not already included in the application — SEE EXHIBIT II 4. Minority Impact Statement —SEE EXHIBIT VIII 5. Certifications and Acknowledgements —SEE EXHIBIT VIII 6. W-9 —SEE EXHIBIT VIII 281Page City of Dubuque, Destination Iowa Grant Application APPLICATION CHECKLIST Questions in Sections 1— 5 of the application completed Copies of signed documentation for financial support Detailed cost estimates from an engineer and/or architect Project renderings and/or photos Applicable maps of area and project Minority Impact Statement W9 Non -Profit & For -profit Only: 3-years financial statements Non -Profit Only: IRS letter, Articles of Incorporation, By -Laws For -Profit Only: Comprehensive Proposal Signed electronic version of the application submitted to IEDA ® Resolution and letter from City 291Page City of Dubuque, Destination Iowa Grant Application EXHIBIT I CURRENT MAP OF SCHMITT ISLAND 341Page City of Dubuque, Destination Iowa Grant Application playground & picnic area Campgra Miller Heron Pond Riverview ` . .• IAI .� r *+' �. Park i{ i Dubuque Water . f � { Sports Club !!_ _ _ Viet Hilton dreyh on j aJ ce frock Garden Inn I� Fec�ea •� e � a ina: P, I r Bike/skate 1 Veterans 4 course; I. Memorial 03 Pond 95011fields ` f _Play ! A � — f►+� C n`ity Complex Marine . Restaurant li boat is _ amp Harbor.- ai nip. mitt ar Ca} Dubuque'' Yacht Basin [CHNI : MI Full Size Renderings Iowa Amphitheater on Schmitt Island 351Page City of Dubuque, Destination Iowa Grant Application i _ �'� iYt ; rF� 'S�1 '1,1� ,f� its i �• t 4. 3 + I ti. -y, t _ J Y A i+ ' L'•Fi`. 1 �i 4 r i ' �'� I` i�1 b I.■Y4� I F F , �y 1 r , ' +? }!I %- +� + L. �- Y + rii�f I rF . � ''_ }.�. , '�i - _s ;�-• + +��`,L. '+ R. r� :µ ` ; - rT •tea ' *` *ram �F * k�i�''+C�-61 }# y .�•. 'ti h h NI Ic F r } ti. ' ' - I ry. Am f 4 Y y Ar pil `! i T r r _ + _ r R IL L lit, Y n '.T` 4 - f �l- i—+ r - !r•r i� lz III— III a :lop Will 'NL.a -4 , 1 mr PIA .7 r I4jc '`ti''+Y TOG + F- . i by 6+ • - '! • '� ` f �� � J � ,_� � -, _ r fir- lb ~ + r' i "IrJY.+f Wp } wejirr 46�� 1—F I JL P. Pr Ir Jam• r , • 1 . � 4`A a y1 fig, .wlll�rvu�1"@ �`1� r r P LAN N I � r 1 r • a • J4 fop--,- a i i Ab a DE-51GN AO I %lL l Chaplain Schmitt Island Master Plan Dubuque, Iowa Adopted by Dubuque City Council on July 21, 2014 Amended by Dubuque City Council on May 1, 2017 1 Prepared for: The City of Dubuque Prepared by: Cuningham Group Architecture, Inc. Signs Building and vessel signs shall be architecturally compatible with the style, composition, materials, colors and details of the building or vessel. Signs shall be an integral part of the building and site design. A comprehensive sign program shall be developed for buildings or vessels which house more than one business. Signs shall be compatible with one another. No more than two types of signs shall be used on a single building facade or vessel (i.e., wall signs, projecting signs, awning signs). Sign location: Walls signs on commercial or mixed -use storefront -type buildings shall be placed within a "sign band" immediately above the storefront display windows or entryway. Wall signs on other building types shall be placed where they do not obscure architectural features. Sign materials: Sign material shall be consistent or compatible with the construction materials and architectural style of the building facade on which they are to be displayed. Neon signs are permissible for display windows. Sign illumination: Both internal and external illumination of signs, except for awnings, is permissible. They must have a limestone base and use one of the primary brand colors. The following sign types are prohibited • Pole or pylon signs • Billboards • Internally illuminated awnings • Flashing and rotating signs • Portable signs • Search lights • Audible or musical signs • Roof signs The following sign types are permissible: • Non -illuminated awning signs • Canopy or marquee signs • Wall signs • Projecting signs • Window signs • Freestanding ground/monument signs • Freestanding non -flashing, electronic information or message signs Signs Ground -Mounted Gateway Signs" Information Maximum Height: 30' Maximum structure area any one side:160SF Maximum structure area all sides: 600 SF Maximum sign area any one side:100 SF Maximum sign area per premise: None Maximum number: None "Note: Ground Mounted Gateway Signs shall only exhibit copy that contains the words "Chaplain Schmitt Island" These signs are intended to be placed at prominent vehicular locations that welcome people to the island. CHAPLAIN SCHMITT ISLAND DESIGN GUIDELINES I The Pu- Signs Ground -Mounted Building Identification Signs Information Maximum Height: 20' Maximum structure area any one side:160 SF Maximum structure area all sides: 600 SF Maximum sign area any one side:100 SF Maximum sign area per premise: None Maximum number: One per building located at the primary entrance for each building or business. CHAPLAIN SCHMITT ISLAND DESIGN GUIDELINES I The Public Domain Signs Ground -Mounted Directory Signs — Vehicular 01qCj7W 16L06-1�T Information Maximum Height: 20' Maximum structure area any one side:160 SF Maximum structure area all sides: 600 SF Maximum sign area any one side:100 SF Maximum sign area per premise: None Maximum number: None CHAPLAIN SCHMITT ISLAND DESIGN GUIDELINES I The Public Domain Signs Ground -Mounted Directory Signs - Pedestrian Information Maximum Height: 10' Maximum structure area all sides: 200 SF Maximum sign area any one side:15 SF CHAPLAIN SCHMITT ISLAND DESIGN GUIDELINES I The Public Domain CHAPLAIN SCHMITT ISLAND DESIGN GUIDELINES RDg000 PLANNING • DESIGN "921 : AR Detailed Architectural Estimates 361Page City of Dubuque, Destination Iowa Grant Application RDg-00 PLANNING i DESIGN Chaplain Schmitt Island - Iowa Ampitheater and Site Amenities Opinion of Probable Cost PREPARED BY: RDG Planning & Design 8-Dec-22 Program Description Qty Unit Cost/Unit Total Amphitheater Stage Platform 4,000 SF $225.00 $900,000 Stage Canopy 3,830 SF $900.00 $3,447,000 Green Room Building 2,400 SF $300.00 $720,000 Relocate Technical Services 10,600 SF $60.00 $636,000 ***Does Not Include Site Prep, Restrooms, or other support buildings. Site Grading (24" - Fill) 30,300 SY $12.50 $378,750 Subgrade Prep 30,300 SY $0.75 $22,725 Top -Soil - (6") - Grass Area 14,400 SY $5.50 $79,200 Aggregate Base 6" 6,500 SY $8.00 $52,000 Sanitary Sewer 100 LF $90.00 $9,000 Water 100 LF $105.00 $10,500 Sub -Drainage 6,000 LF $24.00 $144,000 Decorative Sidewalks 58,000 SF $10.00 $580,000 Pavers w/Concrete Base 21,000 SF $32.00 $672,000 Decorative Light Pole 14' 60 EA $7,500.00 $450,000 Ornamental Fencing 2,000 LF $300.00 $600,000 Irrigation - Spectator Area 14,400 SY $6.00 $86,400 Sod Spectator Area 14,400 SY $7.25 $104,400 Trees 42 EA $900.00 $37,800 Plantings 7,000 SF $15.00 $105,000 Hardwood Mulch 48,000 SF $0.80 $38,400 Iowa Ampitheater Gateway Improvements "Iowa" Sign 1 EA $150,000.00 $150,000 Plaza 1,500 SF $32.00 $48,000 Landscaping 1 LS $15,000.00 $15,000 Lighting 4 EA $7,500.00 $30,000 Sub -Total $9,316,175 General Conditions 6.5% $605,551 General Contractor Fee 5% $465,809 Project Contingency 15% $1,397,426 Ampitheater Subtotal Construction $11,784,961 C :{:I W kaA Detailed Uses and Sources Budget 371Page City of Dubuque, Destination Iowa Grant Application Destination Iowa Uses and Sources Worksheet Description Cost DRA Fund City Fund Destination IA Total Iowa Amphitheater with Iowa Sign and ADA Improvements $11,784,961 Deconstruction Dog Track $1,050,000 Schmitt Island Signage $1,300,000 One Model Cabin $100,000 Surface Parking upgrades $1,208,000 $15,442,961 $0 $1,050,000 $1,300,000 $100,000 $1,208,000 $6,000,000 $3,658,000 $6,000,000 Local Match Destination Request Destination Possible $5,784,961 $11,784,961 $1,050,000 $1,300,000 $100,000 $1,208,000 $5,784,961 $15,442,961 $9,658,000 62.54% $5,784,961 37.46% $6,177,184 EXHIBIT V Economic Impact Study 381Page City of Dubuque, Destination Iowa Grant Application Iowa Amphitheater on Schmitt Island Project Economic Impact Analysis Prepared by East Central Intergovernmental Association September 23, 2022 Introduction Tourism is a key sector in the Dubuque area economy. The community and surrounding area offer a variety of attractions and activities that make it an attractive destination for out-of-town travelers. According to a 2020 report published the by the Iowa Economic Development Authority, tourism directly employed 2,310 people and indirectly supported and additional 920 jobs in Dubuque County in 2019.1 Chaplain Schmitt Island, located on the Mississippi River in the City of Dubuque is travel destination that supports economic activity in the Dubuque region and the State of Iowa. Schmitt Island is Dubuque's gateway to entertainment and the Mississippi. It is a connected island that welcomes visitors and community to recreation, entertainment, and the outdoors. The City of Dubuque owns the island and manages the existing ball fields, campground, and veteran's memorial. The Dubuque Racing Association (DRA) is a leaseholder on the island and operates the Q Casino and Mystique Ice Center. The City of Dubuque and DRA have developed a master plan for the island that will ensure its continued success in the coming years by making strategic investments in the island and building on its unique natural features and attractions. The Iowa Amphitheater on Schmitt Island project will invest $15,442,961 directly into the Amphitheater project and a total of $18,353,940 million in overal recreational attractions on Schmitt Island during the grant period. The project is divided into the following components: 1. Develop an Outdoor Performing Arts Amphitheater - Destination Iowa project 2. Nonprofit, DRA, resort development including marque, signage, additional parking, and deconstruction of the existing dog track and kennels. - Destination Iowa project 3. Planning and construction of multi -modal transportation improvements to improve access to the island. - other leveraged project Purpose The purpose of this report is to use the IMPLAN economic model to assess Schmitt Island's current and future impact on the Dubuque area economy. The IMPLAN model measures how direct benefits and costs of the project are converted into indirect effects on the economy, such as changes in employment, wages, or business sales. The report is divided into two parts. • Part one will look at Schmitt Island's current contributions to the regional economy. • Section two will estimate the economic impact of the tourism increase resulting from the proposed project. "'Economic Impact Report." Iowa Economic Development Authority. 2020. https://industrypartners.azurewebsites.net/economic-impact-report/. Accessed 23 September 2022. 2 Understanding Input -Output Results To conduct the economic impact analysis, staff used input-output modeling software and data produced by IMPLAN2. IMPLAN is an input-output (1-0) model that evaluates the possible region wide economic value of production changes or some shock to an economic system. 1-0 models are transparent systems composed of actual government -collected data for a regional economy, and include the total number of jobs in each industry, labor incomes, and the number of proprietors. These models also estimate purchases that industries make from one another within the study economy, based on national surveys of industrial transactions. Through a series of mathematical manipulations, the modeling process compiles the activity of the industry in question, its relationship to supplying firms, and other important transactions that occur in an economy when industrial production or household consumption changes. The IMPLAN model reports four key variables along with three economic effects or values dimensions. Industrial output is the sales value of all commodities produced during a calendar year as a result of what we are measuring. Labor income is composed of wages and salaries and returns to proprietors. Value Added is a measure of regional product. It includes employment compensation, incomes to sole proprietors, property incomes, and indirect tax payments. Value added is analogous to Gross Regional Product, and is useful for measuring productivity, income, and wealth produced in a region. The last indicator reported is the jobs summary. There are more jobs in the economy than employed persons as many people have more than one job. Jobs are not to be confused as representing full-time employment. However, the job values declared in an impact model consider those job amounts on an annualized basis. The three reporting dimensions are the direct values, the indirect values, and the induced values. Direct values are those that relate specifically to the industrial activities that we are studying. The indirect values represent the industrial activity that is stimulated in the region when the direct firms buy all manner of production inputs from regional suppliers. Induced values accumulate when workers and business owners convert their labor incomes into household spending. Combined, the three dimensions constitute an unduplicated estimate of the total value of the economic activity to the study region. Part 1: Current Economic Contributions Part 1 models Schmitt Island's current impact on the regional economy using IMPLAN's Industry Contribution Analysis (ICA). ICA is a method used to estimate the value of an industry or group of industries in a region, at their current levels of production. The results of the analysis show what industries and what level of production in these industries is being supported by the current activity of the target industry or industries. Assumptions The study area for the analysis includes all of Dubuque County, Iowa. Inputs for the analysis are the total gross revenues for the businesses currently operating on the island. Staff elected to use 2019 data for the analysis, as business operations 2020 and 2021 were impacted by the pandemic. Table 1 2 IMPLAN, (data and software), 16905 Northcross Drive, Suite 120, Huntersville, NC 28078 www.implan.com includes the 2019 gross revenue data by industry for the existing businesses on Schmitt Island that was provided by the DRA. Table 1. Schmitt Island 2019 Gross Revenue Industry Gross Revenue ($1,000s) Casino $49,000 Hotel $3,754 Restaurant $5,231 Analysis Currently, the casino, hotel, and restaurant activity on the island directly contributes almost $61 million in total output to the area economy and employs 452 workers. These businesses require $12.7 million in inputs from local firms indirectly supporting 89 employees making $4.5 million in labor income and contributing $6.9 million to value added. When direct and indirect employees spend their pay checks, they buy $10.9 million in goods and services supporting 78 jobs, $3.4 million labor income, and $6.1 million in value added. The results of the ICA indicate that the current economic activity on Schmitt Island is critical to the Dubuque area economy. Overall, the existing business activities on Schmitt Island employ 620 workers making $23.6 million in labor income. These activities contribute $52.9 million to value added and generate $84.7 million in total output. Table 2 includes the full results of the ICA. Table 2. Schmitt Island ICA Results Impact Direct Indirect Induced Total Employment I 452 89 78 620 Labor Income ($1,000s) $15,557 $4,579 $3,485 $23,621 Value Added ($1,000s) Output ($1,000s) $60,955 $12,779 $10,983 $84,717 $39,896 $6,934 $6,165 $52,996 Part 2: Construction and Operations Impacts Part 2 of this report will use IMPLAN to model the future economic benefit generated by the construction and ongoing operations of the Experience Schmitt Island Project. Assumptions The analysis will measure the impact economic impact over a seven-year period between 2023 and 2029. The study area for the analysis includes all of Dubuque County, Iowa. The City of Dubuque and the DRA provided budget, timeline, and other project information. Impacts generated by the project are divided into two categories: Construction and Operations. 2019 data is used for the analysis. All future year values are presented in 2022 dollars. local ill 1.119:i11419M0 Components of the project will be constructed in 2023, 2024, and 2025. Construction projects, estimated project costs, and year of construction are provided in Table 3. The total construction budget for the project is $18,353,940. The timeline provided by the project team (City of Dubuque and DRA) 4 indicates that development and construction of the project is expected to take 30 months beginning in January 2023 and wrapping up by June 2025. Construction activities are divided into two IMPLAN sectors. Street and trail improvements are classified into Sector 54: Construction of new highways and streets. Building construction project components are classified as Sector 55: Construction of new commercial structures, including farm structures. Construction activities are divided proportionally into years as follows: 40 percent in 2023, 40 percent in 2024, and 20 percent in 2025. Table 3. Construction Costs by Sector and Year Sector Year 2023 2024 55 $6,183,200 $6,183,200 54 $1,156,200 $1,156,200 Total $7,339,400 $7,339,400 [01aIOhMIEel ►b1 2025 Total $3,097,040 $15,463,440 $578,100 $2,890,500 $3,675,140 $18,353,940 The operations analysis is based on the economic impact of money spent by tourists drawn to the area by events at held at the newly created amphitheater. Tourism projections are based on the estimated attendance of future amphitheater events over a five year period. The other project components including trails, resort improvements, and infrastructure upgrades will also make the island more attractive to visitors and will increase area tourism, but it is more difficult to quantify the numbers of out-of-town visitors drawn to the area by these types of improvements. Because of this, results from the tourism impact analysis should be viewed as conservative, as the other planned island improvement will likely bring in more tourists than we can account for in this analysis. Tourism Assumptions It is a standard industry practice, to exclude local event attendees from tourism estimates when modeling the economic impact of an event or series of events. Out-of-town visitors represent money that is brought in to the local economy that otherwise would have been spent somewhere else. In -town visitors are excluded because it is assumed that local residents would likely spend their money elsewhere within the community if the event being studied did not exist. The analysis assumes that fifty percent of concert attendees will come from outside of Dubuque County. The table below provides the project team's forecast of annual attendance for ticketed events at the newly constructed amphitheater and the estimated number of out-of-town visitors attending the events. The project team also expects that the amphitheater will also host number admission -free of community events each year. The projected attendance at these events is not included in the tourism estimates because almost all attendees will be from the local area. Table 4. Amphitheater Event Attendance Projections Year 2025 2026 Number of Ticketed Events Average Attendance Per Event Ticketed Event Attendance Out -of -Town Visitors 9 9 2,800 3,080 25,200 27,720 12,600 13,860 2027 2028 2029 Total 9 9 9 45 3,388 3,557 3,735 - 30,492 32,017 33,617 149,046 15,246 16,008 16,808 74,523 5 Additional Analysis Assumptions: • The analysis assumes that out-of-town visitors will stay in the area for an average of 1.5 days. • The analysis uses average daily per -person spending estimates for Dubuque from the 2019 Iowa Welcome Center Survey.' See Table 5 for visitor spending categories and estimates. • The analysis assumes that on -site spending at the amphitheater including tickets, food and beverage, and merchandise is included in the average daily spending per -person. • The analysis uses the following formula to estimate the total amount of spending by visitors in the area: Number of Visitors * Average Length of Stay * Average Per Person Spending = Total Direct Visitor Impact. • The analysis assumes that the amphitheater will be completed and able to accommodate a full slate of events in 2025. Table 5. Average Daily Per -Person Spending Lodging $67.82 Entertainment $32.51 Transportation $19.72 Food $43.53 Shopping $40.14 Total $203.72 Over five years, amphitheater events are expected to generate $22.7 million in direct out-of-town visitor spending. Table 6 includes the estimates of community spending by industry. Table 6. Estimated Out -of -Town Visitor Spending (Thousands) Year 2025 2026 2027 2028 2029 Total Lodging $1,282 $1,410 $1,551 $1,629 $1,710 $7,581 Entertainment $614 $676 $743 $781 $820 $3,634 Transportation $373 $410 $451 $474 $497 $2,204 Food $823 $905 $995 $1,045 $1,098 $4,866 Shopping $759 $835 $918 $964 $1,012 $4,487 Total $3,850 $4,235 $4,659 $4,892 $5,136 $22,773 IMPLAN Analysis Results The assumptions described in the previous section were used to develop IMPLAN analysis scenarios for project construction and operations. Construction and engineering activities are temporary, one-time impacts, meaning that all impacts will occur before or during construction and will not continue after construction is complete. The operations portion of the analysis measures the ongoing benefits generated by the continued operations of the business. The results of the IMPLAN analysis are summarized in Table 7. ' 'Iowa Welcome Center Survey Report 2019." Iowa Tourism Office. https://www.traveliowa.com/userdocs/pages/2019 Iowa Welcome Center Survey Report.pdf. Accessed 23 September 2022. M Overall, the IMPLAN analysis forecasts that the Experience Schmitt Island Project will produce significant regional economic impacts over the seven year analysis period. In 2023, 2024, and the first half of 2025 economic impact will be generated by the design, engineering, and construction projects. Construction of the project will support a total of 231 jobs and $28.8 million in economic output over two and half years. The venue will host its first events in 2025. Tourism related to these events is expected to generate $4.9 million in economic output and support 58 area jobs in its first year of operations. In in the following years event attendance at the amphitheater and the resulting economic impact is exapted to grow, generating $6.6 million in economic output and supporting 77 jobs in 2029. The IMPLAN model scenario estimates that from 2025 to 2029, the Experience Schmitt Island Project will support a total of $58 million in regional economic output and 342 jobs. Beyond 2029, the annual economic impact of the amphitheater is expected to continue and has the potential to grow even larger. The facility will have the capacity to bring more visitors to the area by hosting larger events, up to 7,000 people, or by adding more events to its schedule each year. Table 7. Economic Impact Summary Year 2023 2024 2025 2026 2027 2028 2029 Total Construction - - - - 231 12,445 Jobs 92 92 46 - - Labor Income ($1,OOOs) 4,978 4,978 2,489 - - Value Added ($1,OOOs) 6,081 6,081 3,041 - - - - 15,203 Output ($1,OOOs) 11,543 11,543 5,771 - - - - 28,856 Operations Jobs - - 58 64 70 73 77 342 Labor Income ($1,OOOs) - - $1,735 $1,909 $2,099 $2,204 $2,315 10,262 Value Added ($1,OOOs) - - $2,731 $3,004 $3,304 $3,469 $3,643 16,151 Output ($1,OOOs) - - $4,991 $5,491 $6,040 $6,342 $6,659 29,522 Total Impact Jobs 92 92 104 64 70 73 77 573 Labor Income ($1,OOOs) $4,978 $4,978 $4,224 $1,909 $2,099 $2,204 $2,315 $22,707 Value Added ($1,OOOs) $6,081 $6,081 $5,771 $3,004 $3,304 $3,469 $3,643 $31,354 Output ($1,OOOs) $11,543 $11,543 $10,763 $5,491 $6,040 $6,342 $6,659 $58,378 MUM toto] ► to] uIEel IuIleT61161 In 2029 the economic impact of tourism generated by the amphitheater will directly employ 60 workers making $1.5 million in labor income, contribute $2.3 million to value added and will result in direct economic output of $4.2 million. These tourism activities will require $1.2 million in regionally sourced inputs that will support 8.7 jobs making $432,000 in labor income. When direct and indirect workers spend their paychecks, they will buy $1.1 million in goods and services, which will support 8.2 jobs making $356,000 in labor income and will contribute $630,000 to value added. Overall, the tourism activity related to the amphitheater will support a total of 77.1 jobs, $2.3 million in labor income, $3.6 7 million in value added, and $6.6 million in output annually. Table 8 displays the full results of the analysis. Table 8. Economic Impact of Amphitheater -Related Tourism in 2029 Impact Employment Labor Income ($1,000s) Value Added ($1,000s) Output ($1,000s) Direct 60.17 $1,526 $2,370 $4,247 Indirect 8.73 $432 $643 $1,289 Induced 8.21 $356 $630 $3,643 $1,123 $6,659 Total 77.11 $2,315 2029 TAX I M PACTS The IMPLAN model forecasts that tourism generated by the amphitheater will have a significant impact on the amount of taxes generated by local, state, and federal governments. Table 9 includes the tax amounts generated by project -related activity for various levels of government as estimated by the IMPLAN model. Combined, government agencies would be expected to collect a total of $1.06 million as a result of the project in 2029 Table 9. Tax Impact of Amphitheater -Related Tourism in 2029 Impact Sub County General ($1,0005) $85 $9 $11 Sub County Special Districts ($1,000s) $85 $9 $12 $106 County ($1,000s) State ($1,000s) $250 Federal ($1,000s) Total ($1,000s) Direct $45 $314 $779 Indirect $5 $34 $83 $141 Induced $6 $38 $73 $140 Total $106 j $56 $322 j $470 j $1,061 N C :{:I W IAT11 DRA Lease Agreement with City of Dubuque 391Page City of Dubuque, Destination Iowa Grant Application LEASE AGREEMENT BETWEEN THE CITY OF ❑UBUQUE, IOWA AND IOWA GREYHOUND ASSOCIATION THIS LEASE AGREEMENT (the Lease), dated for reference purposes the day of �UvLfir (ELK, 2014, is made and entered into by and between the City of Dubuque, an Iowa municipal corporation, (Lessor or City) and Iowa Greyhound Association, an Iowa not for profit corporation (Lessee). RECITALS Whereas, Lessor is the owner of the real estate and improvements thereon described on Exhibit A attached hereto and by this reference made a part hereof (real estate and improvements collectively the "Demised Premises"), and Whereas, Lessor desires to lease the Demised Premises to Lessee to conduct live dog racing, pari-mutuel wagering on live dog races and simultaneously telecast horse or dog races; and Whereas, Lessee desires to lease the Demised Premises from Lessor for such use; and Whereas, Lessor and Lessee desire to enter into this Lease in connection with therewith. Therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree upon the following mutual terms and conditions. - SECTION 1. DEMISE AND TERM; RENT. 1.1 Initial Term. (1) in consideration of the rents hereinafter reserved and the terms, covenants, conditions and agreements set forth in this Lease, Lessor hereby leases to Lessee the Demised Premises, subject to any easements and restrictions of record, for an Initial Term of five years commencing on the 151 day of January, 2015, and ending on the 315t day of December, 2019, subject to all of the terms, covenants, conditions and agreements contained herein. (2) Lessee must pay Lessor (in addition to taxes, fees, assessments, and other charges required to be paid under this Lease by Lessee) rent for the Demised Premises in the amount of $1.00 per year on January 1, 2015 and on 10?914ha1 the first day of January of each year thereafter during the Initial Term, 1.2 Renewal Term, (1) Lessee will have a single option to renew this Lease for an additional five years commencing on the 15' day of January, 2020, and ending on the 3V day of December, 2024 at a fair market rental rate in addition to taxes, fees, assessments, and other charges required to be paid under this Lease by Lessee. (2) If the parties are unable to reach agreement on the fair market rental rate for purposes of the one five-year lease renewal by June 30, 2018, If Lessee requests arbitration concerning the renewal by June 18: 2018. the disputed terms of the Lease will be determined by binding arbitration in accordance with the rules of the American arbitration association as of the date for arbitration. A request for arbitration must be in writing and a copy of the request must be delivered to the other party. The parties will each select one arbitrator and the two arbitrators will choose a third arbitrator to complete the three -person arbitration panel. Each party will deliver its final offer on each of the disputed items to the other party within fourteen days after the request for arbitration. After consultation with the parties, the arbitrators will set a time and place for an arbitration hearing. The parties may continue to negotiate all offers until an agreement is reached or a decision is rendered by the arbitrators. For purposes of determining the fair market rental rate for purposes of the one five-year lease renewal, either party may argue, and present arguments and evidence, that the renewal lease rental rate should be based upon the market value of similarly situated undeveloped land, or upon its use as a greyhound track. The submission of the disputed items to the arbitrators will be limited to those items upon which the parties have not reached agreement. However, the arbitrators have no authority to extend the term of the lease beyond the initial five-year term or the one five-year renewal. (3) The arbitrators must render a decision within fifteen days after the hearing. The arbitrators will give written explanation for the decision and the decision of the arbitrators is final and binding on the parties, and any decision of the arbitrators may be entered in any court having competent jurisdiction. The decision by the arbitrators and the items agreed upon by the parties will be deemed to be the lease between the parties and such final lease is not subject to the approval of the governing body of the city of Dubuque, the Iowa greyhound association, the Iowa Racing and Gaming Commission, or any other government body. Each party to the arbitration will bear its own expenses, including attorney fees; and the parties will share equally the filing and other administrative fees of the American arbitration association and the expenses of the arbitrators. 1.3 Lessee acknowledges and agrees that it is the intent of the parties that Lessor must not incur any costs related in any way to the financing, purchase, lease or operation of the Demised Premises which are not paid for or reimbursed by Lessee as rent or otherwise. SECTION 2. LESSEE'S OBLIGATIONS. In addition to all other Lessee obligations set forth in this Lease, this Lease is contingent upon the following: (1) Lessee obtaining and maintaining a license pursuant to the requirements of Iowa Code § 99D.9A. (2) Employees at the racetrack enclosure involved in pari-mutuel wagering as of the live racing cessation date, as provided in section 99D.9A, must be offered employment by the Iowa greyhound association at the racetrack with such employment beginning January 1, 2015. (3) Existing collective bargaining agreements concerning employees at the racetrack must be honored by Lessee. (4) Live dog racing requirements. Lessee must conduct, for calendar year 2015, no fewer than sixty live race days with nine live races per day during the racing season, and for calendar year 2016 and subsequent calendar years covered by the lease, no fewer than ninety-five live race days with nine live races per day during each racing season. However, upon mutual agreement by the parties subject to approval by the commission, the number of race days for one or more live racing seasons may be reduced so long as the Iowa greyhound association conducts a minimum number of live races and racing days during that season. Lessor may terminate this Lease as it pertains to the portion of the Demised Premises utilized for live racing on January 1 of the year following the calendar year in which such live dog racing was not conducted by Lessee. This Lease will remain in affect regarding the portion of the Demised Premises Lessee Utilizes for simulcasting pursuant to the Sublease with Dubuque Racing Association executed in connection herewith provided Lessee remains licensed to operate simulcasting pari-mutuel wagering in Iowa. SECTION 3. TITLE TO TRADE FIXTURES, FURNITURE, FURNISHINGS, FIXTURES & EQUIPMENT, INTANGLIBLE PROPERTY AND INVENTORY; SUBSTITUTION. 3.1 Trade Fixtures. Trade Fixtures means all of Lessee's personal property located on the Demised Premises used in Lessee's business. Title to Lessee's Trade Fixtures is and must be the sole and exclusive property of Lessee during the term of this Lease. Lessor acknowledges and understands that it has no right, title or interest in or to Lessee's Trade Fixtures during the term of this Lease. Lessor acknowledges and agrees that Lessee has the right to encumber, sell, or hypothecate Lessee's Trade Fixtures, to remove them from the Demised Premises, or to Otherwise deal with all or any portion of such Lessee's Trade Fixtures, in Lessee's sole discretion if the same can be accomplished without damage to the Demised Premises. Upon ten (10) days' prior written notice to Lessor, Lessor must execute and deliver to Lessee a certificate in recordable form prepared by Lessee stating that Lessor has no interest or right in or to Lessee's Trade Fixtures, as well as any other or further document which Lessee may reasonably request from Lessor. 3.2 Lessor leases to Lessee during the Term the Furniture, Furnishings, Fixtures and Equipment on the Demised Premises owned by Lessor at the time of possession by Lessee. Furniture, Furnishings, Fixtures and Equipment means all furniture, fixtures, equipment and other personal property owned by Lessor and constituting a part of, used in connection with or available for use in connection with the Demised Premises, including all equipment and property Lessor currently utilizes or allows to be utilized by the Dubuque Racing Association for the operation of five and simulcast racing, but not including the following, [DRA to provide list] 3.3 Disposal of Furniture, Furnishings, Fixtures and Equipment. Lessee will have the right, from time to time, during the term of this Lease, to sell or otherwise dispose of any Furniture, Furnishings, Fixtures and Equipment situated on the Demised Premises, when in the judgment of the Lessee it has become obsolete, outworn or unnecessary in connection with the Leased Premises, provided, however, that Lessee must, in such instances (unless no substituted article or item is necessary) at its own expense, substitute for such items of Furniture, Furnishings, Fixtures and Equipment so sold or otherwise disposed of, a new or other item in substitution thereof, in lime value and adapted to the use of the Demised Premises, SECTION 4. ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST. 4.1 Lessee's Right to Encumber Leasehold Interest. Only with the prior written consent of Lessor, in Lessor's sole discretion, may Lessee encumber by mortgage, deed of trust or other proper instrument, its leasehold interest and estate in the Demised Premises, as security for any indebtedness of Lessee; and provided that no such encumbrance may extend beyond the term of this Lease. Lessee must provide prompt written request to Lessor of any such proposed encumbrance together with a copy of such encumbrance. In the event of any judicial or nonjudiclal foreclosure under any mortgage, deed of trust or other similar instrument made by Lessee covering its leasehold interest in the Demised Premises, Lessor must, upon such foreclosure or sale, recognize the purchaser thereunder as Lessee under this Lease, provided such purchaser expressly agrees in writing to be bound by the terms of this Lease. 4.2 Notice to Holder of Encumbrance; Right of Holder to Cure Lessee's Default. if Lessee encumbers its leasehold interest and estate in the Demised Premises and if Lessee, or the holder of the indebtedness, its successors and/or assigns (the "Holder") secured by the encumbrance gives notice to Lessor of the existence of the encumbrance and the address of the Holder, then Lessor will mail or deliver to the Holder, at such address, a duplicate copy of all notices in writing which Lessor may, from time to time, give or serve on Lessee under and pursuant to the terms and provisions of this Lease. The copies must be mailed or delivered to the Holder at, or near as possible to, the same time the notices are given to or served on Lessee. The Holder may, at its option, at any time before the rights of Lessee are terminated as provided in this Lease, pay any of the rents due under this Lease or pay any taxes and assessments, or do any other act or thing required of Lessee by the terms of this Lease, or do any act or thing that may be necessary and proper to be done in the observance of the covenants and conditions of this Lease or to prevent the termination of this Lease; provided, however, that the doing of any act or thing requiring possession of the Demised Premises is subject to the further rights of Holder as set forth in Section 17.2. All payments so made and all things so done and performed by the Holder are effective to prevent a foreclosure of the rights of Lessee thereunder as the same would have been if done and performed by Lessee. 4.3 Mechanic's Liens. Neither Lessee nor anyone claiming by, through, or under Lessee may file or place any mechanic's lien upon the Demised Premises and notice is hereby given that no contractor, subcontractor, or anyone else who may furnish any material, service or labor for any building, improvement, alteration, repair or any part thereof, may at any time be or become entitled to any lien thereon, and for the further security of Lessor, Lessee covenants and agrees to give actual notice thereof in advance, to any and all contractors and subcontractors who may furnish or agree to offer any such material, service or labor. 5.1. Lessee agrees to pay all real estate taxes levied upon the real estate of the Demised Premises as provided for in its Sublease with the Dubuque Racing Association executed in connection herewith that become payable (as such taxes come due) during the term hereof and which would become delinquent if not so paid during the term hereof. 5.2. During the term of this Lease, Lessee agrees to pay any and all other taxes, fees (including but not limited to stormwater fees), rates, charges, levies and assessments, general and special, of every name, nature and kind, whether now known to the law or hereafter created, which may be taxed, charged, assessed, levied or imposed upon the Demised Premises as provided for in its Sublease with Dubuque Racing Association executed in connection herewith and which become payable during the term hereof and which would become delinquent if not so paid during the term hereof, any buildings or improvements thereon which may be taxed, charged, assessed, levied or imposed upon the leasehold estate hereby created and upon the reversionary estate in the Demised Premises during the term hereof and which become payable during the term hereof and which would become delinquent if not so paid during the term hereof, and all such other taxes, rates, charges, levies and assessments must be paid by Lessee as they become due and before they become delinquent during the term hereof. 5,3. Lessee agrees to timely pay all taxes, assessments or other public charges levied or assessed by lawful authority (but reasonably preserving Lessee's rights of appeal) against the Trade Fixtures, Furniture, Furnishings, Fixtures and Equipment on the Demised Premises, during the term of this Lease. 5.4. Nothing herein requires Lessee to pay any of Lessor's income taxes, surtaxes, excess profit taxes or any taxes on the rents or otherwise reserved to Lessor hereunder. 5.5. Lessee has at all times the right to contest in good faith, in any proper proceedings, in the name of Lessor if necessary, the payment or satisfaction of any such taxes, assessments, rates, charges or levies so agreed to be paid by Lessee, if the validity thereof, or the right to assess or levy the same against or collect the same from said Demised Premises, is disputed with respect to the Demised Premises. Upon the conclusion of any such suit or proceedings, or not less than three (3) months prior to the date when the right to redeem therefrom expires. whichever will be the earlier, Lessee must promptly pay and satisfy such disputed tax, assessment or other charge as finally determined, together with all expenses, costs and attorneys' fees whatsoever incurred in connection therewith. SECTION 6. UTILITIES. Lessee must pay, before delinquency, all charges related to communications systems and services, telephone, cable, Internet, water, wastewater, stormwater, sewer, gas, heat, electricity, power, trash disposal, and not limited by the foregoing list, all other utilities and services of whatever kind and nature which may be used in or upon the Demised Premises in accordance with the terms of its Sublease with Dubuque Racing Association executed in connection herewith, SECTION 7. CONDITION OF DEMISED PREMISS AND REPAIRS. Lessee has made an adequate inspection of the Demised Premises and accepts same "As Is." Lessor makes no warranties or representations regarding the condition of the Demises Premises unless otherwise specifically stated herein. Lessee must at all times during the term of this Lease, at Lessee's expense, keep the Demised Premises, and all sidewalks, curbs, and ali appurtenances to the Demised Premises, in good order, condition and repair, casualties and ordinary wear and tear excepted. Lessee must keep and maintain the Demised Premises in a condition consistent with other similarly classed operations. Lessee must keep the Demised Premises in such condition as may be required by law and by the terms of the insurance policies furnished pursuant to this Lease, whether or not such repair must be interior or exterior, and whether or not such repair must be of a structural nature. Upon reasonable notice to Lessee, Lessor may, at its discretion and at its cost, conduct an annual inspection of the Demised Premises to determine Lessee's compliance with this Section 7. SECTION 8. COMPLIANCE WITH LAW. 8.1 During the term of this Lease, Lessee must comply with all local, state and federal laws applicable to Lessee's use of the Demised Premises, including but not limited to the Americans with Disabilities Act and the Iowa Smoke Free Air Act. 8.2 Lessee may not commit waste on the Demised Premises except as necessary for its business purposes including the removal or construction of any buildings and Improvements an the Demised Premises, and is liable for any damages to or destruction of any buildings or improvements on the Demised Premises resulting from waste and will repair or rebuild such buildings or improvements. Lessee may remove existing improvements or construct new improvements on the Demised Premises subject to all of the terms and conditions of this Lease provided Lessee has received the prior approval of Lessor. SECTION 9. ALTERATIONS. Lessee may, with Lessor's prior written consent if granted in Lessor's sole discretion, to make any alteration, addition. or modification to the Demised Premises ("Lessee Improvements") that equals or exceeds Ten Thousand and 001100 Dollars ($10,000.00) in cost, at Lessee's expense, from time to time during the term of this Lease. Any alteration, addition or modification of the Demised Premises by Lessee at a cost of less than Ten Thousand and 001100 Dollars ($10,000.00) does not require Lessor's consent, but must be made solely at Lessee expense and only after not less than sixty (60) days prior written notice to Lessor of such alteration, addition or modification. Plans and specifications with respect to the Lessee Improvements and the construction of the Lessee Improvements must be in conformity with all applicable laws and regulations. Lessee must submit to Lessor, for approval by Lessor, plans, drawings, specifications, and related documents with respect to the Tenant Improvements to be constructed by Lessee on the Demised Premises. All work with respect to the Lessee Improvements must be in substantial conformity with the construction plans approved by Lessor. All alterations, additions, or modifications to the Demised Premises must be coordinated with the then -existing improvements an the Demised Premises and any other Lessee improvements in the general vicinity of the Demised Premises. SECTION 10. USE OF DEMISED PREMISES. 10.1. Lessee must operate the Demised Premises solely for live dog racing, pari- mutuel wagering on live dog races and simultaneously telecast horse or dog races and may not knowingly use or allow the Demised Premises or any buildings or improvements thereon or any appurtenances thereto, to be used or occupied for any or purpose or any unlawful purpose or in violation of any certificate of occupancy. Lessee may contract with a subcontractor licensed by the Iowa Racing and Gaming Commission to assist Lessee's operation of the live and simulcasting racing business. Lessee may not suffer any act to be done or any condition to exist within the Demised Premises, or permit any article to be brought therein, which is dangerous, unless safeguarded as required by law, or which, in law, constitutes a nuisance, public or private, or which may make void or voidable any insurance in force with respect thereto. 10.2 Lessee must take all reasonable steps to implement a smooth transition from the current lessee to Lessee, holding Lessor harmless from any claims arising therefrom. 10.3. During the term of this Lease, Lessee may not change the use of the Demised I Premises. 10.4. Lessee may not cause, allow or permit any outdoor storage of any materials, objects or things of any kind, including refuse, trash or garbage, at any time on the Demised Premises. Notwithstanding the foregoing, refuse storage is permissible in an accessory storage enclosure if the City Manager determines that the structure is in character with the principal building being served and constructed of the same quality permanent materials as the principal building being served. The accessory structure must be within close proximity to the principal building being served. Where the structure exceeds 200 square feet in area, at least 1/3 of the structure's exterior perimeter must be landscaped with ornamental trees and shrubs. SECTION 11. INSURANCE 11.1. Lessee must maintain during the term of this Lease insurance as set forth in the City's standard Insurance Schedule for Lessees of City Property, as such uniform, standardized schedule may from time to time be amended. The current Insurance Schedule (insurance Schedule A) is attached to this Lease as Exhibit B. Lessor must provide written notice of any amendment to the Insurance Schedule not less than sixty days prior to the effective date of such amendment. 11.2. During construction of any Lessee Improvements or other alteration, addition or modification on the Demised Premises, Lessee must maintain builder's risk insurance, written on the Special Perils Form in an amount equal to one hundred percent (100%) of the replacement value of improvements as the same exists from time to time during the construction process. 11.3. Lessee must maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of City must furnish proof of the payment of premiums on), property insurance against loss and/or damage to improvements under an insurance policy written on the Special Perils Form in an amount not less than the full insurable replacement value of improvements, but any such policy may have a deductible amount of not more than $50,000.00. No policy of insurance may be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by City. The term "replacement value" must mean the actual replacement cost of improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and will be determined from time to time at the request of City, but not more frequently than once every three years, and paid for by Lessee. 11.4. All insurance required by this Section must be taken out and maintained in responsible insurance companies selected by Lessee which are authorized under the laws of the State of Iowa to assume the risks covered thereby or Lessee may at its election self -insure itself pursuant to the aforementioned guidelines. Lessee must deposit annually by not later than July 1 of each year with City a certificate or 8 certificates or binders of the respective insurers stating that such insurance is in force and effect. Lessee must furnish City evidence satisfactory to City that the policy has been renewed or replaced by another policy conforming to the provisions of this , or that there is no necessity therefor under the terms hereof. In lieu of separate policies, Lessee may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event Lessee must deposit with City a certificate or certificates of the respective insurers as to the amount of coverage in force upon Improvements, provided, however, the specific limit may not be impaired. 11.5. Lessee agrees to notify City immediately in the case of damage exceeding $50,000.00 in amount to, or destruction of, the Demised Premises or any portion thereof resulting from fire or other casualty. Net proceeds of any such insurance (Net Proceeds), must be paid directly to Lessee, and Lessee must forthwith repair, reconstruct and restore the Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, Lessee must apply the Net Proceeds of any insurance relating to such damage received by Lessee to the payment or reimbursement of the costs thereof, subject, however, to the terms of any mortgage encumbering title to the Property. 11.6. Lessee must complete the repair, reconstruction and restoration of the Demised Premises, whether or not the Net Proceeds of insurance received by Lessee for such purposes are sufficient. SECTION 12. LESSOR'S WARRANTIES AND REPRESENTATIONS. Lessor covenants and warrants that Lessor is lawfully in possession of the Demised Premises, and that it has (or will have) full right and authority to enter into this Lease for the full term hereof. Lessor warrants to Lessee that the Demised Premises are properly zoned for Lessee's use as contemplated by this Lease. SECTION 13. LESSEE'S WARRANTIES AND REPRESENTATION 13.1. Lessee Comoliance With Law. (1l Lessee covenants and agrees that Lessee will comply with all applicable local, state and federal lawsr rules, regulations and permits with regard to the Demised Premises and its use, occupancy and control of the Demised Premises. (2) Lessee covenants and agrees that Lessee must be responsible for obtaining any and all applicable permits, licenses or authorizations as may be necessary for Lessee's use, occupancy and control of the Demised Premises; the obtaining thereof being a conditioned precedent to this Lease. 13.2 Environmental Matters. (1) Lessee covenants and agrees that Lessor will have no responsibility for or liability arising from any release of a Hazardous Substance which is caused by or results from or during Lessee's use, occupancy or control of the Demised Premises, except for Lessor Hazardous Substances (any Hazardous Substance which leaches or migrates upon the Demised Premises from any property owned by Lessor). Lessee may not have any responsibility for any Hazardous Substance which leaches or migrates upon the Demised Premises from any adjacent property or any release of a Hazardous Substance which is caused by Lessor or which pre-exists the date of this Lease, except that Lessee must cooperate fully with any response to such release by Lessor or others. (2) Lessee covenants and agrees to notify Lessor promptly of any release of Hazardous Substance in, on or about the Demised Premises of which Lessee has knowledge. (3) Lessee covenants and agrees to promptly take any and all necessary and appropriate response to address any release of Hazardous Substance for which Lessee is responsible. Such response must include, without limitation, notification to appropriate governmental authorities, as may be required by law. (4) Lessee covenants and agrees not to manufacture, treat or dispose of Hazardous Substances at the Demised Premises or knowingly allow the manufacture, treatment, or disposal of Hazardous Substances on the Demised Premises. Lessee covenants and agrees to use and store any Hazardous Substances at the Demised Premises only in full accordance with law. (5) For the purposes of this Lease, "Hazardous Substance" or "Hazardous Substances" means any hazardous or toxic substance, material or waste which is or becomes regulated by any focal government; the State of Iowa or the United States Government. St includes, without limitation, any material or substance that is (i) defined as a "hazardous substance" or "hazardous waste" under Chapter 4558, Iowa Code, (ii) petroleum and petroleum products, (iii) asbestos containing materials in any form or condition, (iv) designated as a ''hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1321), (v) defined as a `hazardous waste pursuant to § 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., (vi) defined as a "hazardous substance" pursuant to § 101 of the Comprehensive Environmental Response, Compensation and Liability Act, U.S.C. § 9601 et seq., or (vii) defined as a "regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks), 42 U.S.C. § 6991 et seq.] The term "Hazardous Substance" does not include any air emissions discharged into the atmosphere as allowed by a duly issued permit from the applicable governmental agency. SECTION 14. LESSOR RIGHTS OF ACCESS. 14.1. Right of Entry for Utility Service. Lessor reserves for itself, and any public utility company, as may be appropriate, the unqualified right to enter upon the Project at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the boundary lines of the Demised Premises. Before entering the Project for any such purpose, reasonable notification of the party's intent to enter the Project must first be provided to Lessee. 14.2. Lessee Not to Construct Over Utility Easements. Lessee may not construct any building or other structure or improvements on, over, or within the boundary lines of any easement for public utilities unless such construction is provided for in such easement or has been approved by Lessor in writing. If approval for such construction is requested by Lessee, Lessor will use its best efforts to assure that such approval will not be withheld unreasonably. SECTION 15. INDEMNIFICATION. 15.1 Indemnification of Lessee. To the extent allowed by law, Lessor will indemnify and save harmless Lessee from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Lessee by reason of (a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Demised Premises and resulting from any act or omission of Lessor or anyone acting by, through, or under Lessor, (b) any failure on the part of Lessor to perform or comply with any of the terms of this Lease and (c) any breach on the part of Lessor of any warranty or representation contained in Section 12. In case any action, suit or proceeding is brought against Lessee by reason of such occurrence, Lessor will, at Lessor expense and discretion, either defend such action, suit or proceeding, or cause the same to be defended by counsel approved by Lessee, which approval will not be unreasonably withheld. 15.2 Indemnification of Lessor. Lessee will indemnify and save harmless Lessor from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Lessor by reason of (a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Demised Premises during the term of this Lease and resulting from any act or omission by Lessee or anyone claiming by, through or under Lessee during the term of the Lease and (b) any failure on the part of Lessee to perform or comply with any of the terms of this Lease, and (c) any material breach on the part of Lessee of any warranty or representation contained in Section 13. In case any action, suit or proceeding is brought against Lessor by reason of such occurrence, Lessee will, at Lessee's expense and discretion, either defend such action, suit or, proceeding, or cause the same to be defended by counsel approved by Lessor, which approval will not be unreasonably withheld. 15.3 Survival. The obligations and liabilities under this Section survive and continue in full force and effect and may not be terminated, discharged or released, in whole or in part, irrespective of the termination or expiration of the term of this Lease. SECTION 16, CONDEMNATION. 16.1 Entire Condemnation. If at any time during the term of this Lease all or substantially all of the Demised Premises or the improvements thereon are taken in the exercise of the power of eminent domain by any sovereign, municipality or other public or private authority; then this Lease will terminate on the date of vesting of title in such taking and any prepaid rent will be apportioned as of said date. Substantially all of the Demised Premises will be deemed to have been taken if the remaining portion of the Demised Premises will not be of sufficient size to permit Lessee, in Lessee's sole discretion, to operate its business thereon in a manner similar to that prior to such taking. 1 6.2 Allocation of Award. Any award for such taking of all or substantially all of the Demised Premises will be paid to the parties hereto in accordance with the following: (1 ) To Lessor, the amount of the award attributable to the Demised Premises, determined as if this Lease was not in effect at the time of such award, excluding therefrom the amount of the award attributable to the Tenant improvements, and all other sums not directly attributable to the value of the Land constituting the Demised Premises; (2) To Lessee, the entire award except that portion allocated to Lessor above. 16.3 Partial Condemnation. (1) If less than all or substantially all of the Demised Premises or the improvements thereon are taken in the exercise of the power of eminent domain by any sovereign, municipality or other public or private authority, then Lessee, at its option, may elect to continue this Lease in full force and effect or terminate this Lease. If Lessee elects to maintain this Lease in full force and effect, the award for such partial condemnation will be allocated as provided in Section 1 6.2, and Lessee must proceed with reasonable diligence to carry out any necessary repair and restoration so that the remaining improvements and appurtenances must constitute a complete structural unit or units which can be operated on an economically feasible basis under the provisions of this Lease. In the event Lessee elects to continue this Lease in full force and effect after a partial condemnation, the Base Rent will be reduced in proportion to the area of the Demised Premises taken. (2) Should Lessee elect to terminate this Lease upon a partial condemnation, Lessee must provide Lessor with written notice of such election within thirty (30) days after the date of vesting of title for such taking. Lessee must specify in such written notice the date on which this Lease will terminate, which date may be not less than 60 days nor more than 360 days after delivery of such notice to Lessor (the "Termination Date"). In the event Lessee terminates this Lease, as provided for in this Section 16.3, Lessee will be entitled to the entire award for such partial taking. 16.4 Temporary Taking_. If the temporary use of the whole or any part of the Demised Premises or the appurtenances thereto is taken at any time during the term of this Lease in the exercise of the power of eminent domain by any sovereign, municipality, or other authority, the term of this Lease will not be reduced or affected in any way, and Lessee must continue to pay in full the rent, additional rent and other sum or sums of money and charges herein reserved and provided to be paid by Lessee, and the entire award for such temporary taking will be paid to Lessee. Lessee must repair and restore any and atl damage to the Demised Premises and the Improvements as soon as reasonably practicable after such temporary taking. SECTION 17. ASSIGNMENT AND SUBLETTING. This Lease may not be assigned or sublet by Lessee. SECTION 18. DEFAULT. 18.1 Lessor's Rights in the Event of Lessee's Default. If Lessee fails or neglects to observe, keep or perform any of the covenants, terms or conditions contained in this Lease on its part to be observed, kept or performed, and the default must continue for a period of thirty (30) days after written notice from Lessor setting forth the nature of Lessee's default, then and in any such event, Lessor has the right at its option, on written notice to Lessee, to terminate this Lease. Lessor thereafter has the right to enter and take possession of the Demised Premises, including but not limited to Furniture, Furnishings, Fixtures, Equipment, Intangible Property and Inventory, and to remove all other personal property from the Demised Premises and all persons occupying the Demised Premises and to use all necessary and legal force therefor and in all respects to take the actual, full and exclusive possession of the Demised Premises and every part of the Demised Premises as of Lessor's original estate, without incurring any liability to Lessee or to any persons occupying or using the Demised Premises for any damage caused or sustained by reason of such entry on the Demised Premises or the removal of persons or property from the Demised Premises. Lessor has all other rights available to it providers by law or equity, including recovery of costs (including but not limited to attorneys' fees) associated with enforcement of this Lease. 18.2 Lessee's Rights in the Event of Lessor's Default. If Lessor fails or neglects to observe, keep or perform any of the covenants, terms or conditions contained in this Lease on its part to be observed, kept or performed, and the default continues for a period of thirty (30) days after written notice from Lessee setting forth the nature of Lessor's default [it being intended that in connection with a default not susceptible of being cured with diligence within thirty (30) days, the time within which Lessor has to cure the same will be extended for such period as may be necessary to complete the same with all due diligence, but in no event longer than ninety (90) days), then and in R any such event, Lessee will have all rights available to it provided by law or equity including recovery of costs (including but not limited to attorneys' fees) associated with enforcement of this Lease. SECTION 19. RIGHT TO CURE OTHER'S DEFAULTS. Whenever and as often as a party fails or neglects to comply with and perform any term, covenant, condition or agreement to be complied with or performed by such party hereunder, then, following thirty (30) days' prior written notice to such defaulting party (or such additional time to cure as may be accorded Lessee pursuant to Section 18.1 above, but in no event longer than ninety (90) days), the other party, at such other party's option, in addition to all other remedies available to such other party, may perform or cause to be performed such work, labor, services, acts or things, and take such other steps, including entry onto the Demised Premises, as such other party may deem advisable, to comply with and perform any such term, covenant, condition or agreement which is in default, in which event such defaulting party must reimburse such other party upon demand, and from time to time, for all costs and expenses suffered or incurred by such other party in so complying with or performing such term, covenant, condition or agreement_ The commencement of any work or the taking of any other steps or performance of any other act by such other party pursuant to the immediately preceding sentence will not be deemed to obligate such other party to complete the curing of any term, covenant, condition or agreement which is in default. Either party, upon giving twenty (20) days' written notice to the other, may offset amounts due to the other party for any amounts the notifying party pays or incurs hereunder proper the obligation of the other party to whom such notice is sent. SECTION 20. QUIET ENJOYMENT. Lessor covenants that at all times during the term of this Lease, so long as Lessee is not in default hereunder, Lessee's quiet enjoyment of the Demised Premises or any part thereof will not be disturbed by any act of Lessor, or of anyone acting by, through or under Lessor (except for those rightful acts in the name of Lessor as a municipal government). SECTION 21. ESTOPPEL CERTIFICATES. Each party hereto agrees that at any time and from time to time during the term of this Lease, within ten (1 d) days after request by the other party hereto or by any lender having an interest in Lessee's leasehold estate, it will execute, acknowledge and deliver to the other party or to such leader or any prospective purchaser, assignee or any mortgagee designated by such other party, a certificate stating (a) that this Lease is unmodified and in force and effect (or if there have been modifications, that this Lease is in force and effect as modified, and identifying the modification agreements), (b) the date to which rent has been paid, (c) whether or not there is any existing default by Lessee in the payment of any rent or other sum of money hereunder, and whether or not there is any other existing default by either party hereto with respect to which a notice of default has been served, and, if there is any such default, specifying the nature and extent thereof; and (d) whether or not there are any setoffs, defenses or counterclaims against enforcement of the obligations to be performed hereunder existing in favor of the party executing such certificate. 14 SECTION 22. WAIVER. No waiver by either party hereto of any breach by the other of any term, covenant, condition or agreement herein and no failure by any party to exercise any right or remedy in respect of any breach hereunder, will constitute a waiver or relinquishment for the future of any such term, covenant, condition or agreement or of any subsequent breach of any such term, covenant, condition or agreement, nor bar any right or remedy of the other party in respect of any such subsequent breach, nor will the receipt of any rent, or any portion thereof, by Lessor, operate as a waiver of the rights of Lessor to enforce the payment of any other rent then or thereafter in default, or to terminate this Lease, or to recover the Demised Premises, or to invoke any other appropriate remedy which Lessor may select as herein or by law provided. SECTION 23. SURRENDER. Lessee must, on the last day of the term of this Lease or upon any termination of this Lease, surrender and deliver up the Demised Premises, with the Improvements then located thereon into the possession and use of Lessor, without fraud or delay and in good order, condition and repair, reasonable wear and tear excepted, free and clear of all lettings and occupancies, free and clear of all liens and encumbrances other than those existing on the date of this Lease and those, if any, created by Lessor, without (except as otherwise provided herein) any payment or allowance whatever by Lessor on account of or for any buildings and improvements erected or maintained on the Demised Premises at the time of the surrender, or for the contents thereof or appurtenances thereto. Lessee's Trade Fixtures and other belongings of Lessee in the Demised Premises (excluding Furniture, Fixtures, Intangible Property and Equipment) will be and remain the property of Lessee, and Lessee will have a reasonable time after the expiration of the term of this Lease (not to exceed thirty (30) days) to remove the same. Furniture, Fixtures, and Equipment must remain at the Demised Premises as property of Lessor. Such period will not be considered a holdover. No holdover is allowed. SECTION 24. MEMORANDUM OF LEASE. Each of the parties hereto will, promptly upon request of the other, execute a memorandum of this Lease in a form suitable for recording setting forth the names of the parties hereto and the term of this Lease, identifying the Demised Premises, and also including such other clauses therein as either party may desire. SECTION 25. NOTICES. 25.1 All notices, demands or other writings in this Lease provided to be given or made or sent, or which may be given or made or sent, by either party to the other, will be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered and postage prepaid, and by email or facsimile addressed as follows: To Lessor: City of Dubuque, Iowa Attn: City Manager City Hall 50 West 1311 Street Dubuque, IA 52001-4864 Telephone: 563-589-4110 Facsimile: 563-589-4149 With a copy to City Attorney 50 West 13th Street Dubuque, IA 52001-4864 Telephone: 563-589-4110 Facsimile: 563-589-4149 To Lessee: Iowa Greyhound Association Attm Bob Hardison 19149 Hwy 175 Onawa, IA 51040 With a copy to: Crawford & Mauro Law Firm Attn: Merry Crawford 1701 Ruan Center Des Moines, IA 50315 Telephone: 515-245-5420 Facsimile: 515-245-5421 25.2 The address and/or facsimile number to which any notice, demand or other writing may be given or made or sent to any party as above provided may be changed by written notice given by the party as above provided. SECTION 26. MISCELLANEOUS. 26.1 Time of the Essence. Time is of the essence of this Lease and all of its provisions. 26.2 Governing Law. It is agreed that this Lease will be governed by, construed and enforced in accordance with the laws of the State of Iowa. 26.3 Paragraph Heading . The titles to the paragraphs of this Lease are solely for the convenience of the parties and may not be used to explain, modify, simplify or aid in the interpretation of the provisions of this Lease. 26.4 _Modification of Agreement. Any modification of this Lease or additional obligation assumed by either party in connection with this Lease will be binding only if evidenced in a writing signed by each party or an authorized representative of each party. 26.5 Parties Bound. This Lease is binding on and inures to the benefit of and must apply to the respective successors and assigns of Lessor and Lessee. All references in R this Lease to "Lessor'" or, "Lessee" will be deemed to refer to and include successors and assigns of Lessor ❑r Lessee without specific mention of such successors or assigns. 26.6 Force Majeur_e. In the event that either party hereto is delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, unavailability of construction materials, unavailability or excessive price of fuel, power failure, riots, Insurrection, war, terrorist activities, explosions, hazardous conditions, fire, flood, weather or acts of God, or by reason of any other cause beyond the exclusive and reasonable control of the party delayed in performing work or doing acts required under the terms of this Lease (collectively "Force Majeure"), then performance of such act will be excused for the period of the delay and the period for the performance of any such act will be extended for a period equivalent to the period of such delay. [SIGNATURE PAGES FQLLOWI CITY OF DUBUQUE, IOWA Roy D. guol, Mayor Attest: K4 S. Firnsta i, City rk IOWA GREYHOUND ASSOCIATION Bob Hardison, President is EXHIBIT A DEMISED PREMISES In 5 � z cl c a s _ = N n—z n w a � M -Ye � = v Z m ti m j 2 Q 9 M Qi 0 � _ 'v �� ❑ PR • � p p W 3 � EXHIBIT B INSURANCE SCHEDULE A City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers), and Right of Way Permit Holders Insurance Schedule A E. shall furnish a signed Certificate of Insurance (COI) to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to contract or lease commencement. All lessees of City property and Right of Way Permit Holders shall submit an updated COI annually. Each Certificate shall be prepared on the most current ACORD form approved by the Department of Insurance or an equivalent. Each certificate shall include a statement under Description of operations as to why issued. Eg: Project # or Lease of premises at or construction of or right of way permitted location and description 2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the City of Dubuque. 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. S. All required endorsements to various policies shall be attached to Certificate of insurance. 5. Whenever a specific ISO form is listed, an equivalent form maybe substituted subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. 7. Provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit 1. S. Whenever an ISO form is referenced the current edition of the form must be used. Page 1 of 3 Schedule A, Property Or vendors (Suppliers, service Providers) 22 City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers), and Right of Way Permit Holders Insurance Schedule A (continued Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence 51,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 a) Coverage shall be written on an occurrence, not claims made, form. All deviations from the standard ISO commerciai general liability form CG 0001, or Business owners form 8P 0002, shall be clearly identified. by Include ISO endorsement form CG 25 03 "Designated Location(s) General Aggregate Limit." cy Include endorsement indicating that coverage is primary and non-contributory. dj Include endorsement to preserve Governmental Immunity. (Sample attached). e] Include an endorsement that deletes any fellow employee exclusion. fj Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations). g) If vendor utilizes Trikkes or Segways in the conduct of business, include an endorsement reflecting that these vehicles are not excluded from Commercial General Liability coverage. Bj WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Statutory —State of Iowa Coverage 8 Emp€oyers Liability Each Accident 5100,000 Each Employee -Disease 5100,000 Policy Limit -Disease 5500,000 Pal icy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. Cj UMBRELLA LIABILITY $5,000,000 Page 2 of 3 Schedule A, Property Or vendors (Suppliers, Service Providers) 23 City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers), and Right of Way Permit Holders Preservation of Governmental Immunities Endorsement 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall he responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 3 of 3 Schedule A. Property Or Vendors (Suppliers, Service Providers) 24 EXHIBIT VII DOCUMENTATION OF MATCHING PROJECT FUNDS 401Page City of Dubuque, Destination Iowa Grant Application CITY OF DUBUQUE MATCHING FUNDS DOCUMENTATION THE CITY OF DUB kTE Masterpiece on the Mississippi December 9, 2022 Alaina Santizo Program Manager Destination Iowa Grant Program 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Dear Ms. Santizo, Dubuque MI-Awrin Ciq 2D07-2012-2013 2017*2019 This letter is to document City of Dubuque's commitments to the Destination Iowa Outdoor Recreation fund grant application for the Iowa Amphitheater on Schmitt Island Project. Upon approval of said City of Dubuque grant by Iowa Economic Development Authority I intend to recommend to the City Council the issuance of bonds in the amount of $6,000,000. The City Council approved the grant application on October 3, 2022, at their regular meeting. The grant application outlined the city's commitment to the Iowa Amphitheater Project which included the bond funding in this amount as match. The Council will be updated on the modified application at their December 19, 2022 meeting an an updated resolution adopted. The City of Dubuque (City) is requesting $5,784,961 in Destination Iowa grant funds for a $15,442,961 development that will enhance outdoor recreational activities and increase tourism opportunities on Schmitt Island and for the State of Iowa. This project will create a recreational landmark and a gateway from Wisconsin into Iowa connecting people to economic opportunities and key recreational assets. Schmitt Island is Dubuque's gateway to entertainment and the Mississippi River. It is a connected island that welcomes visitors and the community to recreation, entertainment, and the outdoors. The proposed project will create a signature destination and a "front door" to both Dubuque and the state of Iowa. This project is designed to be an iconic outdoor recreational gateway that will connect tourists to the Mississippi River and create a sense of place improving the island's overall amenities and attractions. 1 cc Thank you for your consideration and it is our hope the State of Iowa will partner with us on the Iowa Amphitheater on Schmitt Island project. Sincerely, k�4 A4-'4'� Michael C. Van Milligen City Manager Marie Ware, Leisure Services Manager Teri Goodmann, Director of Strategic Partnerships Jennifer Larson, Director of Budget and Finance Crenna Brumwell, City Attorney Wally Wernimont, Planning Services Manager Steve Sampson Brown, Project Manager Jill Connors, Economic Development Director Alex Dixon, DRA President and CEO Kathy Buhr, DRA Director of Strategic Philanthropy & Schmitt Island Development Brian Rakestraw, Q Casino Vice President and General Manager 2 Updated Council Resolution will be approved at the December 19, 2022 Council meeting supporting a modified application for the Amphitheater only. Prepared by Marie Ware Leisure Services, 2200 Bunker Hill Rd., Dubuque IA 52001.(563) 589-4262 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131h St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 350-22 RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT A RESOLUTION TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY FOR THE EXPERIENCE SCHMITT ISLAND: MISSISSIPPI RIVER OUTDOOR AMPHITHEATER AND ISLAND TRAILS GRANT APPLICATION TO THE DESTINATION IOWA OUTDOOR RECREATION FUND Whereas, Governor Reynolds has allocated $100 million dollars to bolster the quality of life in Iowa's communities and attract visitors and new residents to the state; and applications are being accepted and administered by the Iowa Economic Development Authority (IEDA); and Whereas, the allocated funds are focused on shovel -ready projects; and Whereas, IEDA has four areas for grant funding, one of which is Outdoor Recreation; and Whereas, over the last two and one-half years during the pandemic there has been a large increase in the utilization of outdoor amenities across the state; and Whereas, Dubuque is uniquely situated along the Mississippi River for outdoor activities and exploration, is located directly adjacent to Wisconsin and Illinois, and is a major Iowa tourism destination; and Whereas, the City has an approved Master Plan for Chaplain Schmitt Island (Plan) and has identified the Plan implementation as a top priority for the community; and Whereas, the Island is prime for redevelopment with shovel -ready outdoor recreation projects which will both enhance the quality of life for existing residents while also drawing tourists and attracting new residents; and Whereas, staff has worked with a team of community members to prepare an application for an IEDA Destination Iowa Outdoor Recreation Fund grant and the City of Dubuque has taken the lead to administer the IEDA Destination Iowa Outdoor Recreation Fund upon a grant award; and Whereas, the Mayor and City Council approved the submission of a grant application to the IEDA Destination Iowa Outdoor Recration Fund on behalf of the City of Dubuque at their October 3, 2022 meeting; and Whereas, the City Manager included a letter of funding commitment in the grant application and was authorized to submit the grant to Iowa Economic Development Authority on October 3, 2022 with the grant being submitted October 4, 2022; and Whereas, the City wishes to additionally formalize all actions through Resolution . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. This resolution codifies all actions of the City Council and the City Manager related to the Experience Schmitt Island: Mississippi River Outdoor Amphitheater and Island Trails Project grant application submitted. Section 2. The City Manager is hereby authorized and directed to forward any resulting standard executed contract to the respective agencies in a timely fashion and as required by the Iowa Economic Development Authority. Passed, approved, and adopted this 7th day of November, 2022. :.. agh, Mayor Attest: '71q A-,e Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on October 3, 2022, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6t" Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a work session to receive an update on the Police Department's taser implementation. WORK SESSION Police Taser Implementation Update Police Chief Jeremy Jensen, Assistant Police Chief Joe Messerich, and Police Captain Brad Shannon presented on the Police Department taser implementation. Responding to a question from the City Council, Police Chief Jensen stated that all sworn officers are required to carry a taser. Responding to a question from the City Council about the city's liability for taser situations that result in injury, City Attorney Brumwell stated that city staff would review each situation in terms of the policy and the circumstances of the specific situation. Police Captain Shannon responded to questions from the City Council regarding the technical aspects of the tasers. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:21 p.m. /s/Adrienne N. Breitfelder City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on October 3, 2022, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6t" Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. Government Finance Officers Association (GFOA) 2022 Hero Award Recognition: Katie Ludwig and Mark Mack, Senior Managers with GFOA, recognized Director of Finance and Budget Jenny Larson for receiving the 2022 Hero Award. 2. COVID-19 Update: Public Health Director Mary Rose Corrigan provided an update on the COVID-19 pandemic and response activities. PROCLAMATION(S) 1. Energy Efficiency Day (October 5, 2022) was accepted by Michela Freiburger on behalf of the Dubuque County Energy District. 2. White Cane Safety Day (October 15, 2022) was accepted by Brianna Hanson and Nick Brown on behalf of the Tri-State Independent Blind Society. 3. Trick -or -Treat Night (October 31, 2022) was accepted by Mayor Cavanagh on behalf of the City of Dubuque. 4. Dubuque Rescue Mission 90th Anniversary (2022) was accepted by Director Rick Mihm and Board President Morgan Frazer on behalf of the Dubuque Rescue Mission. 5. Dubuque Eagles "Eyes on the Future" Fundraising Milestone was accepted by Michael Duehr on behalf of the Dubuque Eagles "Eyes on the Future" Committee. 6. Arts and Humanities Month (October 2022) was accepted by Arts & Cultural Affairs Coordinator Jenni Petersen -Brandt and Arts & Cultural Affairs Advisory Commission Chair Nick Halder on behalf of the Arts & Cultural Affairs Division. CONSENT ITEMS Council Member Farber requested Item No. 6 be held for separate discussion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated, except for Item No. 6. Seconded by Roussell. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 9/19/22; Building Code Advisory and Appeals Board of 7/7/22; Equity and Human Rights Commission of 8/8/22; Historic Preservation Commission of 9/15/22; Long Range Planning Advisory Commission of 9/21/22. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Beidler Towing for vehicle damage; Juanita Gates for vehicle damage; Debra Heim for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 310-22 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. 4. Community Development Block Grant CARES Act (CDBG-CV) Subrecipient Agreement with Dubuque Area Labor Harvest: Upon motion the documents were received and filed, and Resolution No. 311-22 CDBG-CV Subrecipient Agreement with Dubuque Area Labor Harvest was adopted. 5. First Amendment to Subrecipient Agreement between the City of Dubuque and Crescent Community Health Center: Upon motion the documents were received and filed, and Resolution No. 312-22 Authorizing the First Amendment to the Subrecipient Agreement between the City of Dubuque and Crescent Community Health Center was adopted. 6. Approval of Plat of Survey (ROW Vacation) of Lot AA and Lot BB of Grand View Place, in the City of Dubuque, Iowa (Per Agreement with Dubuque Golf and Country Club at 1800 Randall Place): Council Member Farber stated she would abstain from voting on this item due to owning property that is included in the plat. Motion by Resnick to receive and file the documents and adopt Resolution No. 313-22 Approving Plat Of Survey of Vacated Streets and Alleys, Being Part Of St. Joseph Street; All Of Altman Street; All Of Kiene Street ; All Of The Unnamed Streets Situated Between Lots 149 And 150 In Grand View Place ; All Of Mcpherson Street; All Of Sterling Street; A Part Of Perry Street; All Of Morgan Street; A Part Of Park Street (Now Called Randall Place); A Part Of Dunning Street; A Part Of Henderson Street; A Part Of Rider St Eet; All Of The Alley In Grand View Place Between Altman And Kiene Streets; A Part Of The Alley Between Perry And Bradley Streets; All Of The Alley Lying Through Block Eight (8) Of Grand View Park; All Of The Alley In Grand View Park Lying Easterly Of Block Sixteen (16); All Of The Alley Located In The Easterly Part Of Grand View Place; And All Of The Alley Extending Through Block Fourteen (14); All Being In The City Of Dubuque, Iowa, And All As Per 1923 Dubuque City Council Special Ordinance, Document No. 1295-96, To Be Known As Lot Aa And Lot Bb Of Grand View Place, In The City Of Dubuque, Iowa. Seconded by Jones. Motion carried 6-0 with abstention from Farber. 7. Acceptance of Storm Water Detention Facility Improvements in Rustic Point Estates Subdivision (Phase 1): Upon motion the documents were received and filed, and Resolution No. 314-22 Accepting Public Storm Water Detention Facility Improvements in Rustic Point Estates Subdivision (Phase 1), in the City of Dubuque, Iowa was adopted. 8. Approve Professional Consultant Services Contract for Retime LLC related to Smart Traffic Routing with Efficient & Effective Traffic Systems (STREETS): Upon motion the documents were received, filed, and approved. 9. Improvement Contracts / Performance, Payment and Maintenance Bonds: All Clear Inc. / All Clear Window Cleaning for the Mystique Ice Arena - Construction Site Clean Up; Tschiggfrie Excavating for the West Blum Site -Capping and Remediation Project. Upon motion the documents were received, filed, and approved. 10. Signed Contract(s): Dubuque Community School District for School Resource Officers for School Year 2022-2023; Dubuque Community School District for Drug Abuse Resistance Education Cooperative Program from School Year 2022-2023; Experienced Roofing for the Municipal Services Center Roof Repair; Gavilon Grain, LLC for salt transfer and handling services; Graymont Western Lime, Inc. for the Eagle Point Water Plant High Calcium Quicklime; Hawkins Inc. for the Eagle Point Water Plant Sodium Hypochlorite; James Orr Coating Inspection, LLC for multiple water tank inspections; MSA Professional Services, Inc. for the Briarwood Subdivision Water Connection; W/K Construction for the 2022 Asphalt Milling Project - Project Number 2022-6. Upon motion the documents were received and filed. 11. Travel Dubuque Fall and Winter Adventure Guides: Upon motion the documents were received and filed. 12. Liquor License Renewals: Upon motion the documents were received and filed, and Resolution No. 315-22 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Sprank. Council Member Farber asked if she should abstain from this vote due to a potential conflict of interest. City Attorney Brumwell stated there is no conflict with this vote since it is only to set the public hearings. Motion carried 7-0. 1. Disposal of City Interest in Previously Vacated Street and Alley Right of Way Areas, in the City of Dubuque, Iowa: Upon motion the documents were received and filed and Resolution No. 316-22 Intent to dispose of City interest in vacated streets and alleys, Being Part Of St. Joseph Street; All Of Altman Street; All Of Kiene Street; All Of The Unnamed Streets Situated Between Lots 149 And 150 In Grand View Place ; All Of Mcpherson Street; All Of Sterling Street; A Part Of Perry Street; All Of Morgan Street; A Part Of Park Street (Now Called Randall Place); A Part Of Dunning Street; A Part Of Henderson Street; A Part Of Rider St Eet; All Of The Alley In Grand View Place Between Altman And Kiene Streets; A Part Of The Alley Between Perry And Bradley Streets; All Of The Alley Lying Through Block Eight (8) Of Grand View Park; All Of The Alley In Grand View Park Lying Easterly Of Block Sixteen (16); All Of The Alley Located In The Easterly Part Of Grand View Place; And All Of The Alley Extending Through Block Fourteen (14); All Being In The City Of Dubuque, Iowa, And All As Per 1923 Dubuque City Council Special Ordinance, Document No. 1295-96, To Be Known As Lot Aa And Lot Bb Of Grand View Place, In The City Of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 17, 2022 in the Historic Federal Building. 2. Set Public Hearing for Sale of City -Owned Property at 2414 Windsor Avenue: Upon motion the documents were received and filed and Resolution No. 317-22 Intent to dispose of an interest in City of Dubuque Real Estate to Darnell Meekins, setting a time and place for hearing, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6.30 p.m. on October 17, 2022 in the Historic Federal Building. 3. Fiscal Year 2023 First Budget Amendment: Upon motion the documents were received and filed and Resolution No. 318-22 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2023 Budget for the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 17, 2022 in the Historic Federal Building. BOARDS/COMMISSIONS Civil Service Commission: Mayoral selection of appointment. One, 4-Year term through April 6, 2026 (Vacant term of Baskerville). Applicants: Scott Crabill, 2757 Balboa Dr.; Michelle Hinke, 973 Patricia Ann Dr. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 3 Commissioners total; currently 1 male /1 female. Mayor Cavanagh announced that Mr. Crabill has been selected for appointment to the commission. Iowa Code §400.1 requires publication of the name(s) of person(s) selected for appointment to the Civil Service Commission no less than thirty (30) days prior to a vote by the city council. Vote on appointment to occur at the November 7, 2022, city council meeting. Appointments were made to the following boards/commissions. Community Development Advisory Commission: One, 3-Year term through February 15, 2024 (Vacant Low/Mod Income Area Rep term of Craddieth). Applicant: Gerald Hammel Jr., 1225 Rhomberg Ave. - Qualifies as Low/Mod Income Area Rep. Motion by Jones to appoint Mr. Hammel to the three-year term through February 15, 2024. Seconded by Sprank. Motion carried 7-0. Housing Commission: One, 3-Year term through August 17, 2025 (Expired term of Dickens). Applicant: Cathy Dickens, 431 Alpine St. Motion by Roussell to appoint Ms. Dickens to the three- year term through August 17, 2025. Seconded by Farber. Motion carried 7-0. PUBLIC HEARINGS 1. 2022 John F. Kennedy Road Sidewalk Installation Project: Motion by Jones to receive and file the documents and adopt Resolution No. 319-22 Approval of plans, specifications, form of contract, and estimated cost for the 2022 John F. Kennedy Road Sidewalk Installation Project - Iowa DOT Project No. TAP-U- 2100-703-81-31. Seconded by Roussell. Motion carried 7-0. 2. Park and Recreation Advisory Commission Member Removal Recommendation: Motion by Roussell to receive and file the documents and adopt Resolution No. 320-22 Removing a Commissioner from the Park and Recreation Advisory Commission. Seconded by Jones. Motion carried 7-0. 3. Approving a Sixth Amendment to a Development Agreement between the City of Dubuque, Iowa and The Hotel Dubuque, L.L.C.: Motion by Farber to receive and file the documents and adopt Resolution No. 321-22 Approving the Sixth Amendment to Development Agreement by and between the City of Dubuque, Iowa and the Hotel Dubuque L.L.C., including the issuance of Urban Renewal Tax Increment Revenue Grant Obligations to the Dubuque Hotel L.L.C. Seconded by Sprank. Susan Hess from Hammer Law Firm and David Elias Rachie of The Hotel Dubuque L.L.C. provided a brief overview of the proposed development and responded to questions from the City Council. Motion carried 7-0. PUBLIC INPUT City Clerk Breitfelder stated that written input was received from the Dubuque Area Chamber of Commerce, the Dubuque Racing Association, and Greater Dubuque Development Corporation in support of Action Item No. 1. ACTION ITEMS 1. Support for Minimum Revenue Guarantee to attract an Ultra Low Cost Carrier to Dubuque Regional Airport: Motion by Roussell to receive and file the documents; approve the recommendation to budget $250,000 a year for two years for a total of $500,000 towards a Minimum Revenue Guarantee to get an Ultra Low Cost Carrier to provide four flights a week, two to Orlando, Florida and two to Fort Myers, Florida on a 737-800, 180-seat aircraft; and view the presentation. Seconded by Jones. Airport Director Todd Dalsing and Dubuque Area Chamber of Commerce President and Dubuque Area Chamber Air Service Task Force Lead Molly Grover made a presentation. Responding to questions from the City Council, Mr. Dalsing stated that flights could be available in the first quarter of 2023 at a price competitive to a $70 one-way ticket. Mr. Dalsing emphasized that other flight options are being considered. City Council Members expressed support for the flight option and stressed the importance of returning air service to Dubuque. City Council Members also underscored that this option is one component of the multi -pronged approach of air service in Dubuque. Motion carried 7-0. 2. Experience Schmitt Island: Mississippi River Outdoor Amphitheater and Island Trails Project Destination Iowa Grant Application: Motion by Jones to receive and file the documents and approve the grant application. Seconded by Sprank. Director of Strategic Partnerships Teri Goodmann introduced Dubuque Racing Association (DRA) President and CEO Alex Dixon, who made a presentation. Responding to questions from the City Council, City Manager Van Milligen summarized the debt financing strategy for the project, the city's debt reduction strategy, and the amount of DRA funds comprised in the city's budget. City Council Members expressed support for the project, stating that increasing amenities is crucial to attracting and retaining residents. Motion carried 7-0. 3. Work Session Request: Update on Housing Choice Voucher Program: Motion by Jones to receive and file the documents and schedule the work session for Monday, November 7, 2022, at 5:30 p.m. Seconded by Roussell. No schedule conflicts were expressed. Motion carried 7-0. 4. 16th Edition of Art on the River Video: Motion by Roussell to receive and file the documents and view the video. Seconded by Farber. Media Services displayed a video highlighting the 16th edition of Art on the River. The video can be viewed at: https://www.youtube.com/watch?v=DPV6ZENohkk. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Farber reported on attending the America in Bloom National Awards Program with Parks and Recreation Commission member Jennifer Tigges and Leisure Services Lead Administrative Assistant Kristen Dietz. Council Member Resnick reported on attending the Latinx Festival. Council Member Roussell reported on attending the Iowa League of Cities Annual Conference and Exhibit, speaking at the Marshallese Cultural Day, and the recent volunteer efforts of Dubuque Trees Forever. Council Member Wethal reported on attending the Dubuque Museum of Art's Annual Gala. Council Member Sprank reported on the Dubuque Area Labor Harvest's upcoming food giveaway event and the Bluff Strokes public art sale event. Mayor Cavanagh reported on participating in a US Conference of Mayors discussion around Federal Emergency Management Agency (FEMA) funding, in which he shared how Dubuque has used FEMA funding for the Bee Branch Watershed Flood Mitigation Project. CLOSED SESSION Motion by Jones to convene in closed session at 9:17 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),Q) Code of Iowa. Seconded by Sprank. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open session at 10:44 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:44 p.m. /s/Adrienne N. Breitfelder City Clerk DRA MATCHING FUNDS DOCUMENTATION ob� N UA? 0NDJO December 7, 2022 Ms. Teri Goodmann, Director of Strategic Partnerships City of Dubuque, Iowa City Hall 50 West 131" Street Dubuque, IA 52001 Dear Teri, The Dubuque Racing Association, Ltd. ("DRA") is pleased to support the Destination Iowa grant application being submitted by the City of Dubuque to the Iowa Economic Development Authority. We are also excited to share that DRA has committed the following matching funds to the "Iowa Amphitheater on Schmitt Island" project: $3,658,000 toward the dog track and kennels deconstruction, Schmitt Island marquee and wayfinding signage, and surface parking upgrades. We are delighted that our matching funds will enable Schmitt Island to become an iconic outdoor recreational gateway for tourists and visitors to experience the Mississippi River, the City of Dubuque, and the State of Iowa. DRA has been a catalyst for positive change in Dubuque and the surrounding community for over 35 years, and our support of this project squarely aligns with our history and mission. We look forward to partnering with the City of Dubuque on this project. Sincerely, Alex Dixon President & CEO Cc: Kevin Lynch, DRA Board Chair 1855 Greyhound Park Road I Dubuque, IA 52001 1 dradubuque.com TOGETHER, WE CAN MAKE AN IMPACT EXHIBIT VIII MINORITY IMPACT STATEMENT CERTIFICATIONS AND ACKNOWLEDGEMENTS W-9 FORM 411Page City of Dubuque, Destination Iowa Grant Application Section 7 - Certifications and Acknowledgements Acknowledgment, Release of Information, & Certification 1. In the last five years, have there been any judgments or court actions completed or are any judgments or court actions currently pending against the applicant entity? ® Yes ❑ No If yes, please explain. See attached litigation report & GASB report prepared for City Auditors which outlines litigation and claims, 2. In the last five years, has any current director or principal officer(s) been accused or convicted of any wrongdoing or crime in their capacity as director/principal officer? ❑ Yes ® No if yes, please explain 3. Have there been any current or past bankruptcies on the part of the applicant entity? 0 Yes ® No If yes, please explain 4. In the last five years, have there been, or are there currently any investigations of potential violations of public health, safety or environmental laws by the applicant entity? ® Yes ❑ No If yes, please explain See attached litigation report & GASB report prepared for City Auditors which outlines litigation and claims. I acknowledge that I have read and understand the application materials including the provisions relating to security, contracts and reporting as noted above. I understand that awarded funds must be obligated by recipient organization no later than December 31, 2024 and all construction must be complete by ,dune 30, 2426. I understand failure to meet these dates could result in partial or full repayment of any awarded dollars. Further, I give permission to the Iowa Economic Development Authority (IEDA) to perform due diligence, perform credit checks, contact the organization's financial institutions, and perform other related activities necessary for reasonable evaluation of this proposal. Moreover, I understand that provisions of the Uniform Guidance (2 CFR Part 200) apply to the use of funds for the approved project, including Cost Principles and Single Audit Requirements. I understand that all information submitted relating to this application is a public record. I certify that all representations, warranties, or statements made or furnished in connection with this application are true and correct in all material respects. I understand that it is a criminal violation under Iowa law to engage in deception and knowingly make, or cause to be made, directly or indirectly, a false statement in writing for procuring economic development assistance from a state agency or subdivision. r L miVj -� Signature of co -applicant certifying officer or individual: Date: CITY OF DUBUQUE GASB 49 - POLLUTION REMEDIATION OBLIGATIONS Department Engineering Are you aware of any of the following events: YES NO Pollution poses an imminent danger to public or environment and the City is compelled to take x remediation action. The City violates a pollution prevention -related permit or license. x A regulator identifies (or evidence indicates a regulator will identify) the City as responsible (or potentially x responsible) for cleaning up pollution, or paying for some or all of the dean up cast. The City is named (or evidence indicates that the City will be named) in a lawsuit compelling it to address x pollution. The City begins, or legally obligates itself to begin, clean up or post -clean up activities, and the City is x obligated to complete these activities. If answer to any of the above items is yes, please complete a brief explanation of the situation. 1.Farmland Foods Site (16th & Sycamore), Soil Re mediation and landfill waste 2. Consent Decree, US v_ City, for the Water Resource & Recovery Centerand the Sanitary Sewer System_ 3, Peoples's Naural Gas Superfund.Site_4_ Former Blum Company Property on 15th Street - Soil and Grou ndwate r contami nation 5, North Port Ice Harbor, Monitor Wells, 5. Morrison Brothers, Soil & Groundwater Pollution, 7, Chaplain Schmitt Veteran's Memorial -Discovered landfill waste $_ Gavilon liquid fertilizer spill in i6th Streetdetention basin. 919Y2o21 Department Manager is�serswnrade�+AppCeia4�acai44iQa Aidesfindaws4Ne[Cacneyi'orwenk.QAaok iQO3 �1224F$_39 GASH 49 {W7 Prim De 811TM20 AUDITORS' PENDING LITIGATION REPORT Litigation Exceeding $20,000 (As of September 20, 2022) CASE COURT NATURE A gas main was punctured by a private contractor, Loras Gas Explosions Dub working on behalf of gas company, leading to an (Mulford) explosion on September28, 2020. Trial scheduled for March 2024. Helgerson, Nick, Hickson, Flood damage from construction project. In William, and Ramirez, discovery. Trial scheduled for July2023. Jhony v. City of Dubuque Dub and Portzen Construction Claim Claim Against City of Dubuque Possibly Exceeding $20,000 Dub Iowa District Court for Dubuque County HUD US Dept Housing & Urban Development ICRC Iowa Civil Rights Commission MFPRSI Municipal Fire & Police Retirement System of Iowa ND United States District Court, Northern District of Iowa PAAB State of Iowa Property Assessment Appeal Board PERB Public Employment Relations Board SCt Iowa Supreme Court SmC Small Claim WC Workers' Comp Claim AUDITORS' PENDING CLAIMS REPORT Possibly Exceeding $20,000 (As of September 20, 2022) CLAIMANT TYPE NATURE Christina, Kyle & Shelby Claim Property damage claim. Sewer backup. 565 Primrose. Slip and fall case on January 22, 2020. Trial Moez, Joseph Claim scheduled far Se tember 2023. Claim Claim Against City of Dubuque Possibly Exceeding $20,000 Dub Iowa District Court for Dubuque County HUD US Dept Housing & Urban Development ICRC Iowa Civil Rights Commission MFPRSI Municipal Fire & Police Retirement System of Iowa ND United States District Court, Northern District of Iowa PAAB State of Iowa Property Assessment Appeal Board PERB Public Employment Relations Board SCt Iowa Supreme Court SmC Small Claim WC Workers' Comp Claim OTHER PENDING LITIGATION As of Se ptember 20, 2022 CASE COURT NATURE Lawsuit to collect personal guaranty of Cooper Development Company LLC (Bricktown) debt to City. Summary Judgment entered July 29, 2010. City of Dubuque v. Dub Collection actions to date unsuccessful. Original Neuwoehner and Prehm Notice and Petition to Renew Judgment efiled 0 WJ20 of which action allows City to attempt collection for an additional ten years from 07I29I20. Judgment and decree fled 04I27I2022. Housing discrimination complaint based on disability Sullivan, M9nae vs. City/ and failure to reasonably accommodate. No Housing &Community Housing & C mmuni yDepartm ICRC and probable causefinding Issued by the Iowa Civil Developm2023 HUD Rights Commission. Sullivan has until February to request a. right to sue letter and then file a lAwgillf- Bradford, Khadijah vs. Housing discrimination complaint based on multiple City I Housing & categories. AdministratiVely closed .by Iowa Civil Community Development ICRC Rights Commission. Bradford has until February Department 2023 to request a right to sue letter and then file a Sweeney, Kevin v. City of VAC Workers' compensation claim. Settled. File remains Dubuque open as medical continues. United States EPAv. City Civil enforcement action pursuantto the Clean of Dubuque ND Water Act. Can sent Decree entered. Compliance on Din . Personal injury claim for a fall from a bus seat. ICAP Ney,.J en n ifer v. City of Claim denied claim. Suit filed in Dallas County, venue Dubuque improper. Action to transfer case.to Dubuque Count will occur. Appeal of District Court denial of injunction request prohibiting Housing & Community Development Richard, Roger vs. City of Department from removing his property from a Dubuque, Housing & home declared abandoned by the Court and Community Development Dub awarded tothe City pursuant to Iowa Code Department §657A.10113. Appeal filed. Decisl,on upheld. Application for rehearing filed. Application for rehearing denied. Application for further review Richard, Roger vas. City of Dub Municipal Infraction Issued. Judgment in City's Dubuque favor. Appeal filed. Awaiting decision on appeal. Mouring, Jason v. City / Employment and retaliation discrimination complaint Housing & Community ICRC based on race, skin color, and disability. City will Development Department. submit response to ICRC. Po'a, Shaynay. City/ ICRC Retaliation discrimination complaint. City submitted Police Department response to ICRC. Zull, Held v. City/ Employment discrimination complaint based on Leisure Services ICRC disability and religion. City will submit response to ICRC Nolan, Rebecca v. City/ Housing discrimination complaint based on Housing & Community HUD disability. Citywill submlt.responseto HUD. Development Department Lopez, Yaray. City/ Employment discrimination complaint based on Leisure Services ICRC race, skin color, and age. City will submit response Department to ICRC. Dubuque Professional Prohibited practice complaint based on Fire Fighters Association PERB discrimination against and improperly disciplining an Local 25 v City employee of the Dubuque Fire Department. Answer filed with PERB. Complaint alleges disparate impact.in maintenance of a tenant database and personal damages for Wordlaw, Edward vs. City ND disclosure of negative information in thetenaht of Dubuque database. City did not disclose any information on Wordlaw. Answer being filed this week. Claim Claim Against City of Dubuque Possibly Exceeding $20,66B Dub Iowa District Court for Dubuque County HUD US Dept Housing & Urban Development ICRC Iowa Civil Rights Commission MFPRSI Municipal Fire & Police Retirement System of Iowa ND United States District Court, Northern District of Iowa PAAB State of Iowa Property Assessment Appeal Board PERB Public Employment Relations Board SCt Iowa Supreme Court SmC Small Claim WC Workers' Comp Claim PROPERTY TAX APPEAL LITIGATION As of Se ptember 20, 2022 CASE COURT NATURE Men ard Inc. v. Board of 2021 Tax Assessment Appeal. Hearing scheduled PAAB Review for March 2023. Robert Hartig v. Board of 2021 Tax Assessment Appeal. Denied by PAAB. PAAB Review Hartiq fled petition for'udicial review. Claim Claim Against City of Dubuque Possibly Exceeding $20,000 Dub Iowa District Court for Dubuque County HUD US Dept Housing & Urban Development ICRC Iowa Civil Rights Commission MFPRSI Municipal Fire & Police Retirement System of Iowa ND United States District Court, Northern District of Iowa PAAB State of Iowa Property Assessment Appeal Board PERB Public Employment Relations Board SCt Iowa Supreme Court SmC Small Claim WC Workers' Comp Claim LITIGATION OISPOSED OF As of Se ptember 20, 2022 Discrimination complaint.based on gender and retaliation. Response submitted. to ICRC; casewas Boss, Jami vs. Dubuque administratively closed. Right to sue requested and Fire Department Dub lawsuit initiated. Case proceeded to trial. Jury returned verdicts for Boss related to -gender discrimination and sexual harrassment; returned vprrlir,.f for City related to retaliation. Vaassen, Kristin and Writ of Certiorari Petition related to City Council Steven, and Kristin Dub action fled. Judgment entered in favor of City. Woodward Trust v. City Council of Dubuque Ace Construction pub Breach of construction contract. City counterclaim filed. Settlement April 2022. 4800 Asbury Road 2019-2021 Tax Assessment Appeal to the to the Dubuque IA LLC and District Court for Dubuque County. Settlement. HyVee Inc. v. Board of Dub September 2022. Review of City of Dubuque Property Tax A eal AHIP Property LLC v. PAAB I 2021 Tax Assessment Appeal. AHIP withdrew I Board of Review ap peal. Claim Claim Against City of Dubuque Possibly Exceeding $20,000 Dub Iowa District Court for Dubuque County HUD US Dept Housing & Urban Development ICRC Iowa Civil Rights Commission MFPRSI Municipal Fire & Police Retirement System of Iowa ND United States District Court, Northern District of Iowa PAAB State of Iowa Property Assessment Appeal Board PERB Public Employment Relations Board SCt Iowa Supreme Court SmC Small Claim WC Workers' Comp Claim MINORITY IMPACT STATEMENT Please choose the statement(s) that pertains to this grant application. Complete all the information requested for the chosen statement(s). ® The proposed grant project programs or policies could have a disproportionate or unique positive impact on minority persons. • Describe the positive impact expected from this project. Chaplain Schmitt Island is located in census tract 1 in the City of Dubuque. The median household income in this census tract is 68% of the State median income and 65% of the national median income and 77% of the City of Dubuque median income. The percent of minority population in census tract 1 is 26.7% compared to the State of Iowa at 15% overall and much higher than the City of Dubuque at 12.2%. A significant proportion of the city's population suffers with a disability (13.6%). Between 2016 and 2020, the median household income in Dubuque was $54,938 (compared to $61,836 in Iowa and $64,994 nationally) and 13.2% of residents lived below the poverty line (compared to 11.1 % statewide and 12.8% across America). No vehicles are available to 8.3% of Dubuque's population making it even more important for people to have access to Chaplain Schmitt Island through trail connectivity. In addition to Census tract 1, Dubuque's northern North End (Census Tract 5) and Point (Census Tract 3), are also neighborhoods positively impacted by the Chaplain Schmitt Island development. Census Tract 1, 3 and 5 neighborhoods, are significantly more diverse and low income than the city as a whole. Minorities comprise 26.7%, 17.1%, and 28.8% of Census Tracts 1, 3, and 5, respectively, compared to 12.2% across Dubuque. Median household incomes are also 25-50% lower in these neighborhoods ($42,262 in Census Tract 1, $48,295 in Census Tract 3, and $32,977 in Census Tract 5) than the national level ($64,994). Poverty is more than twice as high than the United States rate in Census Tracts 1 and 5. Disability rates also range between 15.9- 20.1% in the project area. An investment from Destination Iowa will provide direct benefits to minority and low-income in qualified low-income census tracts for employment and recreational opportunities. Indicate which group is impacted: _x__ Women _x__ Persons with a Disability _x_ Blacks _x__ Latinos _x__ Asians _x__ Pacific Islanders ___ American Indians ___ Alaskan Native Americans _x__ Other ❑ The proposed grant project programs or policies could have a disproportionate or unique negative impact on minority persons. • Describe the negative impact expected from this project. • Present the rationale for the existence of the proposed program or policy. • Provide evidence of consultation of representatives of the minority groups impacted. • Indicate which group is impacted: ___ Women ___ Persons with a Disability ___ Blacks ___ Latinos ___ Asians v4.12 ___ Pacific Islanders ___ American Indians ___ Alaskan Native Americans ___ Other ❑ The proposed grant project programs or policies are not expected to have a disproportionate or unique impact on minority persons. Present the rationale for determining no impact. I hereby ratify "ate inforrna(RN on this form is complete and accurate, to the best of my I►Fro-0M Title: v4.12 2 Request for Taxpayer Give Form to the Form (Rev. October2010) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. City of Dubuque 2 Business name/disregarded entity name, If different from above M OP 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the Y 4 Exemptions codes apply only to P ( PP Y Y ca following seven boxes. certain entities, not individuals; see a p ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trustlestate Instructions on page 3): ai c single -member LLC Exempt payee code (if any) 3 0 ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) Is- 0 Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting +� 1n LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is . LLC is disregarded from for U.S. federal c(ode if any) a U another that not the owner tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. y ® Other (see Instructions)► Government (Rpplles to accounts mentalned cufsfde the US) 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) JD 50 W. 13th Street 6 City, state, and ZIP code Dubuque, Iowa 52001 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup .withholding. For individuals, this is generally your social security number (S. However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other - m - entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and i Employer identification number Number To Give the Requester for guidelines on whose number to enter. F-T-1 0111�111101111�11117111i71117©OC Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and'M on, you are not required t0 sign the certification, 'out you must provide your correct TIN. the IIjtIt'tiol$ `IV-- Pali II, later. Sign I ► Signature of �./— / -�/ Here U.S. person Date Do - General Instrudti Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (]TIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information -returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1698-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Form W-9 (Rev. 10-2018) By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and • 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information. Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company,.or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax-under-section-1446-on-any-foreign-partners'' share ofeffectively-- connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States. • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items. 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. - Page 2 Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your -correct -TIN- make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the instructions for Part II for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships, earlier. What is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Form W-9 (Rev. 10-2018) Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that is not a single -member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name: If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3. Page 3 IF the entity/person on line 1 is THEN check the box for ... a(n) .. • Corporation Corporation • Individual Individual/sole proprietor or single- • Sole proprietorship, or member LLC • Single -member limited liability company (LLC) owned by an individual and disregarded for U.S. federal tax purposes. • LLC treated as a partnership for Limited liability company and enter U.S. federal tax purposes, the appropriate tax classification. • LLC that has filed Form 8832 or (P= Partnership; C= C corporation; 2553 to be taxed as a corporation, or S= S corporation) or • LLC that is disregarded as an entity separate from its owner but the owner is another LLC that is not disregarded for U.S. federal tax purposes. • Partnership Partnership • Trust/estate Trustlestate Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 Form W-9 (Rev. 10-2018) The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for ... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over 1 through 52 $5,000' Payments made in settlement of Exempt payees 1 through 4 payment card or third party network transactions See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar indication) written or printed on the line for a FATCA exemption code. A —An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i) E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I —A common trust fund as defined in section 584(a) J—A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) Page 4 M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number ([TIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. If you are a single -member LLC that is disregarded as an entity separate _from -its _ owner,_ enterlh-e-own_er's SSN _(or EIN,_if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days. If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. Form W-9 (Rev. 10-2018) 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: I Give name and SSN of: 1. Individual I The individual 2. Two or more individuals (joint account) other than an account maintained by an FFI 3. Two or more U.S. persons (joint account maintained by an FFI) 4. Custodial account of a minor (Uniform Gift to Minors Act) 5. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust understate law 6. Sole proprietorship or disregarded entity owned by an individual 7. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(1) (A)) The actual owner of the account or, if combined funds, the first individual on the account Each holder of the account The minorZ Page 5 For this type of account: I Give name and EIN of: 14. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 15. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(11(B)) List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. 3 You must show your individual name and you may also enter your business or DBA name on the "Business name/disregarded entity" name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier. *Note: The grantor also must provide a Form W-9 to trustee of trust. Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records From Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. The grantor -trustee' If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number The actual owner printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you The owner 3 think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline The grantor` at 1-800-908-4490 or submit Form 14039. For this type of account: I Give name and EIN of: 8. Disregarded entity not owned by an individual 9. A valid trust, estate, or pension trust 10. Corporation or LLC electing corporate status on Form 8832 or Form 2553 11. Association, club, religious, charitable, educational, or other tax- -exempt organization 12. Partnership or multi -member LLC 13. A broker or registered nominee owner Legal entity4 The corporation The organization The partnership The broker or nominee For more information, see Pub. 5027, Identity Theft Information for Taxpayers. Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll -free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. Form W-9 (Rev. 10-2018) The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing®irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at spam®uce.gov or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idthefi or 877-IDTHEFT (877-438-4338). If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027. Visit www.irs.gov/IdenfityTheft to learn more about identity theft and how to reduce your risk. Page 6 Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. COMMUNITY LETTERS OF SUPPORT 421Page City of Dubuque, Destination Iowa Grant Application September 23, 2022 Alaina Santizo, Program Manager Iowa Economic Development Authority 1963 Bell Ave., Suite 200 Des Moines, Iowa 50315 RE: Destination Iowa Grant Program Dear Alaina: 01 Greater Dubuque DEVELOPMENT CORP. Schmid Innovation Center 940 Jackson 5t., Suite 109 Dubuque,1A, 520ai www.greaterdubuque.org I am writing in support of the City of Dubuque Destination Iowa's application for the Schmitt Island Outdoor Amphitheater and Recreational Trails Project. I understand the vision for this project is to create "a connected island that welcomes visitors and the community to recreation, entertainment and the outdoors." We are enthused about the opportunities the new outdoor amphitheater will bring to the community hosting paid concerts as well as hosting community events for nonprofit entities, schools, and local charities. The community events are typically free with any proceeds going to a nonprofit charity that the event is supporting. This Schmitt Island project will update and enhance the existing trails and extend them to better connect both ends of Schmitt Island; connect the Amphitheater with the trail system; add lighting; signage; and ensuring the entire trail system is ADA compliant. This will promote biking, walking, and running on the island. The Schmitt Island trails are a free source of recreation that anyone can enjoy both residents and tourist alike. Perhaps, most importantly, the trails will connect to the newly completed Veteran's Memorial Plaza. Greater Dubuque Development recently launched the "You Can Be Great Here" campaign designed to retain, recruit and create the talented workforce that we must have for continued economic growth. The Schmitt Island Outdoor Amphitheater and Recreational Trails Project are critical components to creating a community of choice. Schmitt Island is an employment center for Dubuque and surrounding area. Many households in the project area do not have a vehicle. North End, Point, and Washington neighborhood residents commute more by walking, biking, and transit. Alternative transportation options are particularly important to millennials, low-income residents, and people who do not own vehicles in Dubuque. Through this project, greater connectivity to the island will occur allowing for safer alternative forms of transportation with the enhanced trails for biking and walking to work and leisure. I strongly encourage you to give full consideration for the City of Dubuque's Schmitt Island Outdoor Amphitheater and Recreational Trails Project. Thank you for your time and consideration. Sincerely, Rick Dickinson President & CEO TRAVEL W(q" September 23, 2022 Iowa Economic Development Authority Destination Iowa Grant Program Alaina Santizo, Program Manager 1963 Bell Ave., Suite 200 Des Moines, Iowa 50315 Dear Alaina: I am writing in support of the City of Dubuque Destination Iowa's application for the Schmitt Island Outdoor Amphitheater. I understand the vision for this project is to create "a connected is/and that welcomes visitors and the community to recreation, entertainment and the outdoors. Travel Dubuque is dedicated to leading tourism destination promotion and development to enhance and expand the Dubuque Area experience. We are enthused about the opportunities the new outdoor amphitheater will bring to the community hosting paid concerts as well as hosting community events for nonprofit entities, schools, and local charities. The community events are typically free events with door donations and the food and beverage proceeds going to a nonprofit charity that the event is supporting. Schmitt Island is an employment center for the Dubuque and surrounding area. Many households in the project area do not have a vehicle. North End, Point, and Washington neighborhood residents commute more by walking, biking, and transit. Alternative transportation options are particularly important to millennials, low-income residents, and people who do not own vehicles in Dubuque. Through this project, greater connectivity to the island will occur allowing for safer alternative forms of transportation with the enhanced trails for biking and walking to work and leisure. TRAVELDUBUQUE.COM 300 Main Street, Suite 120 1 Dubuque, Iowa 152001 WHERE 0STARTED I strongly encourage you to give full consideration for the City of Dubuque's Schmitt Island Outdoor Amphitheater Project. Thank you for your time and consideration. Sincerely, /u-m 4-�� Keith Rahe President & CEO Travel Dubuque TRAVELDUBUQUE.COM 300 Main Street, Suite 120 1 Dubuque, Iowa 152001 WHERE 0STARTED D U BU Q E AREA CHAMBER WHERE BUSINESS BELONGS September 23, 2022 Iowa Economic Development Authority Destination Iowa Grant Program Alaina Santizo, Program Manager 1963 Bell Ave., Suite 200 Des Moines, Iowa 50315 Dear Alaina: I am writing in support of the City of Dubuque Destination Iowa's application for the Schmitt Island Outdoor Amphitheater. I understand the vision for this project is to create "a connected island that welcomes visitors and the community to recreation, entertainment and the outdoors." We are enthused about the opportunities the new outdoor amphitheater will bring to the community hosting paid concerts as well as hosting community events for nonprofit entities, schools, and local charities. The community events are typically free events with door donations and the food and beverage with the proceeds going to a nonprofit charity that the event is supporting. This Schmitt Island project will update and enhance the existing trails and extend them to better connect both ends of Schmitt Island; connect the Amphitheater with the trail system; add lighting; signage; and ensuring the entire trail system is ADA compliant. This will promote biking, walking, and running on the island. The Schmitt Island trails are a free source of recreation that anyone can enjoy both residents and tourist alike. As a Chamber of Commerce, we hear from businesses consistently about the need to attract, retain, and develop talent for businesses to hire and keep in the great state of Iowa. Investment in Chaplain Schmitt Island is an example of a transformational project that promotes those goals by creating a new, vibrant space for people to live, work, and play. The redevelopment of Chaplain Schmitt Island will undoubtedly create a new space that brings people together and creates a sense of growth and excitement that we need in order to attract and retain future generations. Schmitt Island is the employment center for the Dubuque and surrounding area. Many households in the project area do not have a vehicle. North End, Point, and Washington neighborhood residents commute more by walking, biking, and transit. Alternative transportation options are particularly important to millennials, low-income residents, and people who do not own vehicles in Dubuque. Through this project, greater connectivity to the island will occur allowing for safer alternative forms of transportation with the enhanced trails for biking and walking to work and leisure. I strongly encourage you to give full consideration for the City of Dubuque's Schmitt Island Outdoor Amphitheater and Recreational Trails Project. Thank you for your time and consideration. Sincerely, Molly Grover, CCE, IOM President & CEO Dubuque Area Chamber of Commerce Community Foundation of Greater Dubuque September 23, 2022 Iowa Economic Development Authority Destination Iowa Grant Program Alaina Santizo, Program Manager 1963 Bell Ave., Suite 200 Des Moines, Iowa 50315 Dear Alaina: 700 Locust St., Suite 195, Dubuque, IA 52001 563.588.2700 1 dbgfoundation.org I am writing in support of the City of Dubuque Destination Iowa's application for the Schmitt Island Outdoor Amphitheater. I understand the vision for this project is to create "a connected island that welcomes visitors and the community to recreation, entertainment and the outdoors." We are enthused about the opportunities the new outdoor amphitheater will bring to the community hosting paid concerts as well as hosting community events for nonprofit entities, schools, and local charities. The community events are typically free events with door donations and the food and beverage with the proceeds going to a nonprofit charity that the event is supporting. This Schmitt Island project will create an iconic entrance to Iowa and the City of Dubuque with an Amphitheater visible as visitors cross the Mississippi River into Iowa. Schmitt Island is an employment center for the Dubuque and surrounding area. Many households in the project area do not have a vehicle. North End, Point, and Washington neighborhood residents commute more by walking, biking, and transit. Alternative transportation options are particularly important to millennials, low-income residents, and people who do not own vehicles in Dubuque. Through this project, greater connectivity to the island will occur allowing for safer alternative forms of transportation with the enhanced trails for biking and walking to work and leisure. I strongly encourage you to give full consideration for the City of Dubuque's Schmitt Island Amphitheater Project. Thank you for your time and consideration. Sincerely Nancy Van Milligen President & CEO Our Mission: Strengthen communities and inspire giving. Crescent Community September 23, 2022 Iowa Economic Development Authority Destination Iowa Grant Program Alaina Santizo, Program Manager 1963 Bell Ave., Suite 200 Des Moines, Iowa 50315 Dear Alaina: I am writing in support of the City of Dubuque Destination Iowa's application for the Schmitt Island Outdoor Amphitheater Project. I understand the vision for this project is to create "a connected island that welcomes visitors and the community to recreation, entertainment and the outdoors." We are enthused about the opportunities the new outdoor amphitheater will bring to the community hosting paid concerts as well as hosting community events for nonprofit entities, schools, and local charities. The community events are typically free events with door donations and the food and beverage with the proceeds going to a nonprofit charity that the event is supporting. This Schmitt Island Amphitheater project will create a gateway to Iowa and the City of Dubuque and an outdoor entertainment venue for the region. Our health center serves many of the highest poverty households in the entire state. Placemaking projects like Schmitt island Amphiteater project provide an accessible, affordable and convenient way for our patients to participate in arts and cultural activities in Dubuque. What an exciting opportunity for all! Schmitt Island is an employment center for the Dubuque and surrounding area. Many households in the project area do not have a vehicle. North End, Point, and Washington neighborhood residents commute more by walking, biking, and transit. Alternative transportation options are particularly important to millennials, low-income residents, and people who do not own vehicles in Dubuque. Through this project, greater connectivity to the island will occur allowing for safer alternative forms of transportation with the enhanced trails for biking and walking to work and leisure. I strongly encourage you to give full consideration for the City of Dubuque's Schmitt Island Outdoor Amphitheater Project. Thank you for your time and consideration. Sincerely, Gary Collins, CEO Crescent Community Health Center Dubuque County Board of Supervisors October 3, 2022 Iowa Economic Development Authority Destination Iowa Grant Program Alaina Santizo, Program Manager 1953 Bell Ave., Suite 204 Des Moines, Iowa 50315 Ann McDonough ann.mcdoiiough@dubuquecountyiowa.gov Harley Pothoff harley-pothoff@dubuquecomityiowa.gov Jay Wickham j ay.rvickhamC7d ubu quecountyiowa.gov RE: City of Dubuque Destination Iowa application for Schmitt Island Outdoor Amphitheater and Recreational Trails Project Dear Alaina Santlzo: On behalf of the Dubuque County Board of Supervisors, I am writing in support of the City of Dubuque's Destination Iowa application for the Schmitt Island Outdoor Amphitheater and Recreational Trails Project. The project will be an important quality of life amenity for attracting and retaining Dubuque County residents, as well as being a significant draw for attracting visitors to the County from across the Midwest. The trail improvements in particular will connect to the larger Heritage Trail system that extends across the County to Dyersville and the Field of Dreams. This will create more linkages and the opportunity for longer overnight stays for visitors across the County. The Board of Supervisors requests that this application be given the highest consideration by the Destination Iowa review committee. Thank you, the Iowa Economic Development Authority, and Gov. Reynolds for the tools and programs to make Iowa and Dubuque County a high quality destination. Sincerely, Harley V. , Chair Dubuque County Board of Supervisors Dubuque County Courthouse - 720 Central Ave. • PO Box 5001 - Dubuque, Iowa 52004-5001 (563) 589-4441 . www.dubuquecounty.org September 23, 2022 Iowa Economic Development Authority Destination Iowa Grant Program Alaina Santizo, Program Manager 1963 Bell Ave., Suite 200 Des Moines, Iowa 50315 Dear Alaina: ECIA I am writing in support of the City of Dubuque Destination Iowa's application for the Schmitt Island Outdoor Amphitheater. I understand the vision for this project is to create "a connected island that welcomes visitors and the community to recreation, entertainment and the outdoors." As the Economic Development District for the region designated by the Department of Commerce, we support projects that spur economic development, assist in enhancing the quality of life, and bring people to our region. One of the goals of our Comprehensive Economic Development Strategy for the region (CEDS), is "Honor Culture and Natural Resources through enhancing the quality of life in the region." The Schmitt Island Outdoor Amphitheater project aligns with our CEDS. We are enthused about the opportunities the new outdoor amphitheater will bring to the community hosting paid concerts as well as hosting community events for nonprofit entities, schools, and local charities. The community events are typically free events with door donations and the food and beverage with the proceeds going to a nonprofit charity that the event is supporting. This Schmitt Island project will create Iowa's Amphitheater that will be an iconic landmark as you enter Iowa from Wisconsin and create a gateway to the State and our community. Schmitt Island is an employment center for the Dubuque and surrounding area. Many households in the project area do not have a vehicle. North End, Point, and Washington neighborhood residents commute more by walking, biking, and transit. Alternative transportation options are particularly important to millennials, low-income residents, and people who do not own vehicles in Dubuque. Through this project, greater connectivity to the island will occur allowing for safer alternative forms of transportation with the enhanced trails for biking and walking to work and leisure. I strongly encourage you to give full consideration for the City of Dubuque's Iowa' Amphitheater on Schmitt Island Project. Thank you for your time and consideration. Sincerely, Executive Director j Dubuque Metropolitan Area Transportation Study I Eastern Iowa Development Corporation I_ustern Iowa Regional Utility Services System I Eastern Iowa Regional Housing Authority I ECIA Business Growth, Inc. 4 1 Region 1 Employment and Training I ECIA Regional Planning Affiliation I Region 8 Regional Transit Authorify I j 7600 Commerce Park, Dubuque, IA 52002 1 www.ecia.org j ecia@ecia.org j 563.556.4166 1 low❑ ❑nly: 800.942.4648 1 Relay low❑ 800.735.2943 1 f: 563.556.0348 j Prosperity eastern �i0WaVAL September 26, 2022 Iowa Economic Development Authority Destination Iowa Grant Program Alaina Santizo, Program Manager 1963 Bell Ave., Suite 200 Des Moines, Iowa 50315 Dear Alaina: Prosperity Eastern Iowa 7600 Commerce Park Dubuque, IA 52002 (p) 563.556.4166 I am writing in support of the City of Dubuque Destination Iowa's application for the Schmitt Island Outdoor Amphitheater and Recreational Trails Project. I understand the vision for this project is to create "a connected island that welcomes visitors and the community to recreation, entertainment and the outdoors. " We are enthused about the opportunities the new outdoor amphitheater will bring to the community hosting paid concerts as well as hosting community events for nonprofit entities, schools, and local charities. The community events are typically free events with door donations and the food and beverage with the proceeds going to a nonprofit charity that the event is supporting. This Schmitt Island project will update and enhance the existing trails and extend them to better connect both ends of Schmitt Island; connect the Amphitheater with the trail system; add lighting; signage; and ensuring the entire trail system is ADA compliant. This will promote biking, walking, and running on the island. The Schmitt Island trails are a free source of recreation that anyone can enjoy both residents and tourist alike. Prosperity Eastern Iowa was awarded a technical assistance grant through the Rural Economic Development Innovation (REDI) program funded by the United States Dept. of Agriculture. Through this grant initiative, it was identified that enhancing cultural and recreational quality of life opportunities for those Iiving inside the region and attracting those from outside the region as a primary goal for PEI. The proposed Schmitt Island project will do just that by providing amenities to those living in the Dubuque region as well as making Dubuque a destination City for those looking for a place to visit. Schmitt Island is an employment center for the Dubuque and surrounding area. Many households in the project area do not have a vehicle. North End, Point, and Washington neighborhood residents commute more by walking, biking, and transit. Alternative transportation options are particularly important to millennials, low- income residents, and people who do not own vehicles in Dubuque. Through this project, greater connectivity to the island will occur allowing for safer alternative forms of transportation with the enhanced trails for biking and walking to work and leisure. I strongly encourage you to give full consideration for the City of Dubuque's Schmitt Island Outdoor Amphitheater and Recreational Trails Project. Thank you for your time and consideration. Sincerely, i r -oo"^� Holly McPherson Director of Program Development