Set for Public Hearing Lease Agreement Between the City of Dubuque, Copyrighted
September 11, 2023
City of Dubuque Items to be set for Public Hearing #
Special Meeting 02.
ITEM TITLE: Set for Public Hearing Lease Agreement Between the City of Dubuque,
lowa and Dubuque Racing Association, Ltd
SUMMARY: CityAttorney Brumwell recommending City Council approve resolution
and set a public hearing for September 18, 2023.
RESOLUTION Intent to Dispose of an Interest in Real Property by
Lease Agreement with the Dubuque Racing Association, LTD
SUGGESTED Receive and File;Adopt Resolution(s), Set Public Hearing for
DISPOSITION: September 18, 2023Suggested Disposition:
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Resolution Resolutions
Notice Supporting Documentation
Lease -Amphitheater Lots 2 and 3 Supporting Documentation
Chaplain Schmitt Handout Supporting Documentation
Dubuque
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CRENNA M. BRUMWELL, ESQ.
CITY ATTORNEY
TO: MAYOR BRAD M. CAVANAGH & MEMBERS OF THE CITY COUNCIL
DATE: SEPTEMBER 8, 2023
RE: DUBUQUE RACING ASSOCIATION LEASE
DUBUQUE RACING ASSOCIATION IMPROVEMENT PROJECTS — LOT 1 OF
CHAPLAIN SCHMITT ISLAND
REQUESTING CONSENT OF CITY TO IMPROVEMENTS, LEASEHOLD
MORTGAGE $SUBORDINATION AGREEMENT
The City of Dubuque in conjunction with the Dubuque Racing Association (DRA) and
community participants have worked diligently for years to procure a Chaplain Schmitt
Island Master Plan and Schmitt Island Placemaking & Implementation Plan.
Work on implementation of the plans has been ongoing. The biggest project to date has
been the Veteran's Memorial. A Community Project Funding grant was received via
Representative Hinson for construction of the Veterans Memorial Trailhead Project and
will be constructed in 2024. In 2022 the City invested millions of dollars in improvements
to ImOn Arena. Additional improvements to the arena are currently in process.
The Chaplain Schmitt Island Master Plan as adopted in 2014 and amended in 2017. The
Chaplain Schmitt Island Placemaking & Implementation Plan was adopted in 2017.
The goals of the plan were largely recreational focused and included connecting and
expanding access to the riverfront, creation of educational opportunities on the island,
highlighting the unique characteristics of the island, bringing new visitors to the island,
and offering activities and events for all seasons.
The largest tenant on the island is the DRA leasing and operating Q Casino. The DRA in
has proposed approximately $90 million dollars in public and private improvements to the
island. The improvements completed or proposed include:
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944
TE�EPHONE(563)589-4381 /Fax(563)583-1040/Ennai�cbrumwel@cityofdubuque.org
Public Improvements
• lowa Amphitheater on Chaplain Schmitt Island
• Veterans Memorial Trailhead Project
• Proposed $40 million Chaplain Schmitt Island connectivity and access
improvements including a railroad overpass at 14th Street
Private Improvements
• Construction of a new 8-story, 108 room Hilton Tapestry Collection hotel
adjacent to the existing Hilton Garden Inn, including an upscale rooftop
restaurant, lounge, and event space overlooking the Mississippi River
• Interior casino remodel, including elevated bar with bar top slot machines and
updated showroom, new Sports Book, and new sports bar.
• New banquet space and party rooms
• Additional of a family entertainment zone for all ages with high-end arcade
games
• Exterior casino upgrades including the fa�ade, signage, landscaping, and
surface parking
The private improvements to the island necessitate:
• Consent to the improvements by the City as required by the lease for any
improvements over $100,000
• Financing of the improvements by the DRA. The lender for DRA, which is
MidWestOne Bank, requires:
■ City consent to a leasehold mortgage
■ City agreement to subordination of its lease in favor of the
MidWestOne Bank
• Updates to the lease between the City and DRA
An amended lease has been negotiated between the City and DRA for Lot 1 of Chaplain
Schmitt Island which contains the area where the casino, existing hotel and restaurant,
and the new hotel are located. The lease:
■ Consolidates separate leases for the casino and hotel/restaurant into a single
lease
■ Adds a Consumer Price Index escalator on the lease payment related to the hotel
and restaurant
■ Establishes a Debt Payment Reserve Fund of $7 million over five (5) years
■ Clarifies responsibility for environmental issues
■ Allows usage of $3 million of funds in the Cash Reserve Fund by the DRA for
downpayment on the construction improvements
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■ Continued approval for carryover of $2.5 million from fiscal year 2022 budgeted
for debt payments by DRA toward the downpayment on the construction loan for
the improvements
The leasehold mortgage and subordination agreement have been reviewed and
negotiated between the parties. The City Attorney's Office consulted with outside counsel
as well.
Public hearing on the lease along with consent to and approval of the improvements,
leasehold mortgage, and subordination agreement are proposed for September 18, 2023,
in the attached resolution and public notice.
cc: Michael C. Van Milligen, City Manager
Teri Goodmann, Director of Strategic Partnerships
Marie Ware, Leisure Services Director
Wally Wernimont, Planning Services Director
Jill Connors, Economic Development Director
Steve Sampson Brown, Project Manager
Alex Dixon, CEO and President, Dubuque Racing Association
Mike Donahue, Dubuque Racing Association Board Chair
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Prepared by Crenna Brumwell 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
RESOLUTION NO. -23
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE
AGREEMENT WITH THE DUBUQUE RACING ASSOCIATION, LTD.
WHEREAS, the City of Dubuque, lowa (City) is the owner of the real property legally
described as
Lots 2 and 3 of CHAPLAIN SCHMITT ISLAND in the City of Dubuque,
lowa, according to the Plat recorded as Instrument #2023-7679, records
of Dubuque County, lowa; and
WHEREAS, the parties now desire to enter into a new Lease Agreement; and
WHEREAS, the City Council of City believes it is in the best interests of City to
approve the Lease Agreement with the Dubuque Racing Association, Ltd..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council intends to dispose of City's interest in the foregoing-
described real property pursuant to the Lease Agreement.
Section 2. The City Clerk is hereby authorized and directed to cause this
Resolution and a Notice to be published as prescribed by lowa Code §364.7 of a public
hearing on City's intent to dispose of the foregoing-described real property, to be held on
the 18'h of September 2023, at 6:30 o'clock p.m. in the City Council Chambers at the
Historic Federal Building, 350 W. 6t" Street, Dubuque, lowa
Passed, approved and adopted this day of , 2023.
Brad M. Cavanagh, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
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CITY OF DUBUQE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, lowa, will
hold a public hearing on the 18t" day of September 2023, at 6:30 p.m. in the Historic
Federal Building, 350 West Sixth Street, 2nd floor, Dubuque, lowa, at which meeting the
City Council proposes to dispose of an interest in the following described real property to
the Dubuque Racing Association Ltd. by Lease Agreement
Lots 2 and 3 of CHAPLAIN SCHMITT ISLAND in the City of Dubuque, lowa,
according to the Plat recorded as Instrument #2023-7679, records of
Dubuque County, lowa.
At the meeting, the City Council will receive oral and written comments from any resident
or property owner of said City to the above action. The official agenda will be posted the
Friday before the meeting and will contain public input options.
The City Council agenda can be accessed at:
https://cityofdubuque.novusaqenda.com/AqendaPublic/ or
by contacting the City Clerk's Office at 563-589-4100, ctyclerk(c�cityofdubuque.orq.
Written comments regarding the above public hearings may be submitted to the City
Clerk's Office before said time of public hearing:
Via email at ct clerk cityofdubuque.orq or
By mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001.
At said time and place of public hearings the City Council will receive any written
comments.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision, hearing, speech, or other impairments
requiring special assistance should contact the City Clerk's Office at (563) 589-4100,
ctyclerk(a�cityofdubuque.orq as soon as feasible.
Deaf or hard-of-hearing individuals can use Relay lowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the day of September 2022.
Trish L. Gleason, Assistant City Clerk
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE RACING ASSOCIATION, LTD.
This Lease Agreement (this "Lease") is dated for reference purposes as of the 19th day of
September 2023, and is by and between the City of Dubuque, Iowa, a municipal corporation
("C�"), and Dubuque Racing Association, Ltd., an Iowa nonprofit corporation ("Association").
WHEREAS, City and Association were parties to that certain Lease Agreement dated
July 6, 2004, originally between City and Dubuque Casino Hotel, L.L.C. ("DCH"), as amended
by that certain Amendment No. 1 to Lease Agreement dated March 21, 2005, that certain Second
Amendment to Lease Agreement dated Apri14, 2005, and that certain Amendment No. 3 to Lease
Agreement dated September 6, 2005, and subsequently assigned by DCH to Association pursuant
to that certain Assignment of Lease Agreement dated June 2,2014,between DCH and Association
and consented to by City (the "Hilton Garden Lease"), which Hilton Garden Lease related to the
property on which Houlihan's Restaurant and the Hilton Garden Inn are located and operated;
WHEREAS, City and Association were parties to that certain Second Amended and
Restated Lease Agreement dated September 14, 2021, as amended by that certain First
Amendment to the Second Amended and Restated Lease Agreement dated December 22, 2022
(the"Casino Lease"),which Casino Lease related to the property on which the casino, the parking
lots, the dog track, dog kennels and related buildings are located;
WHEREAS, a survey of plat with the respect to the northern half of Chaplain Schmitt
Island was recently prepared and recorded in order to, among other things, clarify lease boundaries
(the "Recorded Plat"), which Recorded Plat affects the legal descriptions of the Hilton Garden
Lease and the Casino Lease; and
WHEREAS, simultaneously with the execution hereof, City and Association have entered
into that certain Amended and Restated Lease of even date herewith(the "Amended and Restated
Lease"),pursuant to which the Hilton Garden Lease and the Casino Lease were amended,restated,
and consolidated in order to (i) amend certain terms and provisions thereof, (ii) consolidate them
into one and the same document, (iii) delete the provisions thereof that are no longer applicable,
(iv) substitute and replace the legal descriptions set forth therein with a new legal description
created by virtue of the Recorded Plat, and (v) remove certain real property from the leasehold
premises subj ect to the Amended and Restated Lease,including those areas on which the dog track,
dog kennels and related buildings are located, as well as a parcel of land adjacent thereto.
WHEREAS, City and Association now desire to enter into a new lease with respect to the
real property that was removed from the leasehold premises subject to the Amended and Restated
Lease.
NOW, THEREFORE, City and Association, in consideration of the mutual covenants and
conditions hereinafter set forth, agree as follows:
1. Term of Lease. The term of this Lease shall commence on 12:01 a.m. on September
19, 2023, and terminate at 11:59 p.m. on December 31, 2056 (the "Term").
2. Leased Premises. During the Term City agrees to lease to Association, and
Association agrees to lease from City, the real estate described on attached Exhibit A (hereinafter,
the "Leased Premises"). Association may grant utility easements for the purpose of obtaining
utility services to the facilities located on the Leased Premises,provided that such easements shall
only be granted with the written consent of City.
3. Rental. Association shall pay City One Hundred Dollars ($100.00) per year as
annual rent hereunder, which payments shall be due on the first (lst) day of each year during the
Term. City and Association further acknowledge and agree that, in addition to the annual rent
contemplated by this paragraph 3, the rental consideration to be paid by Association to City under
and pursuant to the Amended and Restated Lease constitutes further consideration for the lease of
the Leased Premises hereunder.
4. Association Pavment of City Issued Debt for Construction of Amphitheater. City
intends to issue debt in the amount of Eight Million Seven Hundred Eighty-four Thousand Nine
Hundred Sixty One Dollars ($8,784,961) for the construction of an amphitheater on the Leased
Premises. Association acknowledges and agrees it shall be responsible for the debt payments and
shall make all such payments promptly when due. City shall notify Association when the debt
repayment obligations begin and are due.
5. Nontransferability of Lease.This Lease shall be a privilege to be held for the benefit
of the public by Association. This Lease shall not, in any event, be transferred, assigned, sold,
leased, ar disposed of, in whole or in part, by means, without the prior written consent of City
expressed by a resolution duly passed by the City Council of the City of Dubuque, Iowa and then
only under such conditions as the City Council may establish.
6. Use of Leased Premises. Association warrants that it is validly existing and in good
standing under the laws of the State of Iowa as a nonprofit organization. Association warrants that
it has the necessary authority to operate its businesses in the State of Iowa.
The Leased Premises shall be used by Association solely far purposes of conducting
entertainment activities, operating restaurants and providing lodging unless, prior to the use of the
Leased Premises by Association far any other purpose, Association obtains the written consent of
City with respect to such alternate use. City hereby acknowledges that, in order to facilitate such
permitted purposes, the dog track, dog kennels and some or all of the other buildings and
improvements located on the Leased Premises will need to be demolished and/or removed in order
to ready the Leased Premises for other permitted uses including, without limitation, the
construction of an amphitheater,which construction is anticipated to be completed at a future date.
City hereby consents to such anticipated demolition, removal, and construction of the dog track,
dog kennels, and some or all other buildings or improvements located on the Leased Premises, at
the expense of Association, subject to the terms and conditions set forth in this Lease.
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Association agrees that it will at all times hold the Leased Premises available for use by
the general public without regard to membership in the protected classes covered by Title 8 of the
city code, as amended.
7. Licenses and Permits. Association shall procure and maintain any and all licenses
and permits required by law for the operations at the Leased Premises.
8. Inspection of Premises. An authorized representative of City, as designated in
writing by its City Manager, shall have the right to enter and have access to the Leased Premises,
whether or not events are in operation, at all reasonable times and for any reasonable purposes, in
furtherance of City's responsibility to the public for the operation of the Leased Premises, as long
as such entrances do not unreasonably interfere with Association's right to quiet occupancy. The
authorized representative shall advise Association's President and CEO of such representative's
presence upon arrival at the Leased Premises.
9. Maintenance of Facilitv. Association agrees that, at all times during the Term,
Association shall, at its own expense, maintain, preserve, and keep the Leased Premises in good
repair, working order and condition.
10. Taxes and Fees.
(a) Propert_y Taxes. Association shall pay all property taxes, both real and personal,
before they shall become delinquent, and which may be levied and assessed against
the Leased Premises. City shall not oppose any application filed by Association far
exemption from the payment of property taxes, both real and personal.
In the event Association pays real estate taxes levied and assessed against the
Leased Premises, the portion of the real estate taxes paid which is attributable
exclusively to City are deductible from the next due rental payments as set forth in
paragraph 3 of this Lease and paragraph 3 of the Amended and Restated Lease.
(b) Other Taxes and Fees. Association shall be responsible for and agrees to pay all
other taxes, rates, charges, levies, and assessments, general and special, of every
name, nature, and kind, whether now known or hereafter created which may be
taxed,charged,assessed,levied or imposed,which become payable during the term
of the Lease and would become delinquent if not so paid,arising from Association's
operations at the Leased Premises.
11. Alterations. Association shall not commence alterations to any structure or
structures or make additions to any existing structures or facilities in an amount exceeding One-
Hundred Thousand Dollars ($100,000.00) without the prior written approval of the plans and
specifications by City.
Any improvements,modifications or additions to the Leased Premises wheresoever located
or however financed shall become part of the real estate and owned by City upon termination of
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this Lease. City consent is not required for any items in Association's CIP budget except for
improvements to the Leased Premises costing over $100,000.00, or for capital improvements to
be financed by incurring debt in excess of$100,000.00. City consent is not required for equipment
replacement in the normal course of business.
12. Securitv and Traffic Control. Association shall provide an internal security force
sufficient in numbers to maintain the integrity of Association and all of its operations. Association
may, in its sole discretion, supplement its security force with a City of Dubuque uniformed police
officer (or, if a uniformed police officer is not available, a uniformed Dubuque County Sheriff
deputy peace officer) at such times as it deems appropriate. The determination of the days and
hours, if any, during which Association shall supplement its security force with a uniformed City
or County peace officers shall be in the sole discretion of Association. For such services of City
for County peace officers, Association shall reimburse City at the rates established by City. City
shall be responsible for all billings and payments to Deputies. Selection and responsibilities of
such officers shall be by mutual consent of City Police Department and Association.
13. Liabilit_y Insurance and Indemnification. Association shall defend, indemnify and
hold City, its officers, employees and agents, harmless from and against any and all claims, suits,
actions,penalties, damages and causes of action of any kind arising during the term of this Lease,
including but not limited to costs, reasonable attorney fees, expenses and liabilities incurred by
City in and about such claim, suit, action, penalty, damage or cause of action, the investigation
thereof, or the defense of any action or proceeding brought thereon, as a result of any operations
occurring at the Leased Premises; for the failure by Association to keep, maintain and abide by
each and every covenant of this Lease on its part to be kept and performed; or as a result of any
negligence, act, error ar omission of Association, its employees or agents, ar third party
contractors; provided, however, that notwithstanding the foregoing: (a) Association shall not be
required to provide such defense and indemnification with respect to any claims, suits, actions,
penalties, damages and/or causes of action stemming from (i) any action or omission taken by
Association with the full knowledge and express consent of City, or (ii) any negligence, act, errar
or omission of City,its employees or agents, or third party contractors; and(b)to the extent of any
inconsistency, conflict or contradiction between the terms and provisions of this paragraph 13 and
the terms and provisions of paragraph 16 hereof, the terms and provisions of paragraph 16 shall
control.
Association shall maintain,throughout the term of this Lease,liability insurance as set forth
in City's standard Insurance Schedule for Lessees of City Property, as such schedule may from
time to time be amended.
14. Other Insurance. During the term of this Lease, Association shall purchase and
maintain property insurance coverages in companies licensed to do business in the State of Iowa
with an A.M. Best rating of"A" or better and with a financial size category rating of"FSC VIII".
City shall be included as a named insured. Coverage shall be provided on the following basis:
(a) Blanket coverage for buildings and contents, with an amount equal to at
least 90% of the insurable replacement value. Such insurable value shall be determined
annually by a qualified appraiser. For purposes of this paragraph, additions,improvements,
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fixtures,trade fixtures,machinery, and equipment attached or unattached to a building shall
be included in determining the total insurable value.
(b) Coverage shall be provided on an"all risk"coverage that is at least as broad
as is provided by the ISO "Special Causes of Loss Form".
(c) All coverages should be provided on a replacement cost basis.
(d) An Agreed Value Endorsement shall be attached to the policy, subject to
annual agreed statements of values. The Agreed Value Endorsement shall waive the
coinsurance.
(e) In the event of new construction, coverages shall be provided on as broad,
or a broader, basis than those indicated above, with the amount of insurance to be equal to
the completed value of the new construction.
(f j All policies shall be endorsed to provide a thirty-day advanced notice of
cancellation, material change, or non-renewal of any coverage.
(g) Coverage should include Ordinance/Law Coverage (the equivalent of ISO
endorsement CP0405), which covers:
(i) Increased cost of construction from operation of building codes,
(ii) Demolition costs, and
(iii) Contingent liability from operation of building codes.
(h) Coverage should also include:
(i) Back-up of sewers and drains,
(ii) Personal property of employees,
(iii) Property in transit,
(iv) Computer equipment, including data and media, and
(v) Equipment Breakdown (Boiler& Machinery).
(i) Business Income and Extra Expense
(i) The business income limit shall be:
(A) Net income (net profit or loss before income taxes) that
would have been earned or incurred; and continuing normal
operating expenses incurred, including payroll.
(B) Extra Expense limit shall be the necessary expenses incurred
during the period of restoration that would not have been
incurred if there had been no physical loss to the insured
property caused by a covered loss.
(ii) Coverage shall include an unlimited extended period of indemnity.
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(iii) Coverage shall be on an agreed amount basis.
(iv) During any period of business interruption, and to the extent of the
amounts and limits of coverage afforded by Association's business
interruption coverages, Association shall continue to make all
payments required by this Lease based upon the average monthly
rentals for the six-month period prior to the commencement of the
interruption, including but not limited to rent, taxes, and
distributions.
A cancellation or lapse of such policy without an immediate approved replacement shall be a
material violation of this Lease.
15. Waiver of Subro ag tion. City and Association mutually release the other from
liability and waive all right of recovery against the other for any loss of or damage to the property
of each, including earnings derived therefrom, caused by or resulting from fire, casualty or any
other peril insured against and for which proceeds are payable under any insurance policies
maintained by the parties hereto, regardless of the cause of such loss or damage and even though
it results from some act or negligence of either party hereto, or one of the party's agents,
employees, customers or representatives. All fire and extended coverage insurance policies shall
carry an endorsement wherein the insurance company waives any and all right of subrogation
against either party to this Lease by reason of any such fire, casualty or other peril insured against
and for which proceeds are payable.
16. Environmental Matters.
(a) For valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, City hereby releases and forever discharges Associations and its
successors, affiliates, parents, subsidiaries, lenders, members, officers and assigns from
any Loss and all claims, acts, liabilities, penalties, damages (including foreseeable and
unforeseeable consequential damages), orders,judgments, liens,rights of action, causes of
action, costs and expenses of whatever kind or nature, known or unknown, contingent or
otherwise, which arise out of or relate in any way, directly or indirectly, to the
Contamination.
(b) For valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, only to the extent allowed by law, City shall indemnify and may elect to
defend Association and its successors, permitted assigns, affiliates, parents, subsidiaries,
lenders, members, and officers ("Indemnified Party�ies�") for and against any Loss and
Litigation Expenses incurred in any Proceeding brought against any Indemnified Party
arising out of the Contamination ("Contamination Claim").
(i) To be entitled to indemnification under paragraph 16(b), an
Indemnified Party shall promptly (and in no event later than thirty (30) business
days after the Indemnified Party received written notification of such
Contamination Claim) notify in writing City of the Contamination Claim received
in writing by an Indemnified Party and deliver to City a copy of all legal pleadings,
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to the extent in such Indemnified Party's possession, with respect to the
Contamination Claim. If the Indemnified Party fails to promptly notify City of the
Contamination Claim and City is prejudiced in any material respect by such failure,
City's obligation to indemnify the Indemnified Party against any Loss with respect
to that Contamination Claim will be limited or reduced, as appropriate, on account
of such prejudice, and City will not be required to reimburse the Indemnified Party
for any Litigation Expenses the Indemnified Party incurred during the period in
which the Indemnified Party failed to notify City as required hereby.
(ii) Following receipt of written notice of a Contamination Claim under
paragraph 16(b)(i), City shall promptly notify the Indemnified Parties whether it is
electing to defend the Indemnified Parties and assume the defense of the
Contamination Claim with counsel of City's choosing. If City assumes the defense
of the Contamination Claim, then City will not be required to reimburse the
Indemnified Parties for any Litigation Expenses arising out of the Contamination
Claim, except for those Litigation Expenses incurred by any Indemnified Parties
arising out of the Contamination Claim before City makes its election to assume
the defense. After City assumes the defense of a Contamination Claim, City may
contest,pay, or settle the Contamination Claim with the consent of Association (or
its successor or assign, if applicable), which consent shall not be unreasonably
withheld, conditioned or delayed, and City shall pay the Indemnified Parties for
any Loss resulting from the Contamination Claim.
(iii) An Indemnified Party may defend a Contamination Claim with
counsel of its own choosing and without City participating only if(A) City notifies
the Indemnified Party that the does not wish to defend the Indemnified Party against
the Contamination Claim, (B) City fails to promptly notify the Indemnified Party
whether it is electing to defend the Indemnified Parties and assume the defense of
the Contamination Claim with counsel of City's choosing, or (C) joint
representation of City and the Indemnified Party by the same counsel would,in the
opinion of that counsel, constitute a conflict of interests. If the Indemnified Party
does retain separate counsel for a reason permitted under this subparagraph, then
City shall pay all Litigation Expenses that each Indemnified Party incurs in
connection with defense of the Contamination Claim.
(c) For purposes of this paragraph 16, the following terms have the following
meanings:
"Contamination"means Hazardous Materials within, affecting or under the
Leased Premises and that were not first introduced by Association at the Leased
Premises.
"Environmental Laws" means the Federal Water Pollution Control Act
(33 U.S.C. § 1251, et seq., as amended), the Resource Conservation and Recovery
Act (42 U.S.C. § 6901, et seq., as amended), the Comprehensive Environmental
Response,Compensation,and Liability Act(42 U.S.C. § 9601 et seq., as amended),
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the Toxic Substances Control Act (15 U.S.C. § 2601, et seq., as amended), the
Hazardous Materials Transportation Act (49 U.S.C. § 1801, et seq.), the Clean Air
Act (42 U.S.C. § 7401, et seq., as amended), the Occupational Safety and Health
Act (29 U.S.C. § 651, et seq., as amended), the Emergency Planning and
Community Right-to-Know Act (42 U.S.C. § 11001, et seq., as amended), the
Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. § 136 et seq., as
amended), the Rivers and Harbors Act (33 U.S.C. § 401, et seq., as amended), the
Endangered Species Act(16 U.S.C. § 1531, as amended), the Safe Drinking Water
Act, 42 USC 300f et. seq., as amended, and all analogous state laws, including,
without limitation, Chapter 455B of the Iowa Code and the regulations and
publications issued under any such laws, and in any similar federal, state or local
laws or in the regulations adopted and publications promulgated pursuant to any of
the foregoing laws by any governmental authority, agency, department,
commission, board or instrumentality of the United States of America, the State of
Iowa or any political subdivision thereof.
"Hazardous Materials" means (a) any material, substance, chemical, gas,
vapor or waste which is defined as a "hazardous waste," "hazardous material,"
"hazardous substance," "extremely hazardous waste," "restricted hazardous
waste," "contaminant," "pollutant," "toxic waste" or "toxic substance" under any
provision of Environmental Laws or any other formulations intended to define, list
or classify substances by reason of deleterious properties such as ignitability,
corrosivity, reactivity, carcinogenicity, toxicity, reproduction toxicity, "TCLP
toxicity" or `BP toxicity" or words of similar import under any provision of
Environmental Laws; (b) any asbestos or asbestos containing materials in any form
that is or could become friable,tremolite, anthophyllite, actinolite; (c) any solvents,
degreasers,heavy metals,refrigerants,nitrates,urea formaldehyde,polychlorinated
biphenyls, dioxins, petroleum and petroleum products and derivatives, fuel
additives, ethanol, bio-fuels, methyl tertiary butyl ether, per- and polyfluoroalkyl
substances; and(d) any other product, byproduct, compound, substance, chemical,
material, waste; solid, liquid, gaseous ar thermal irritant; greenhouse gas; carbon
emission; atomic, molecular and macromolecular nanomaterials; and microbial
material whose presence, characteristics, nature, quantity, intensity, existence, use,
manufacture, possession, handling, disposal, transportation, spill, Release,
threatened Release,remedial action or effect, either by itself or in combination with
other materials is or is allegedly: (x) injurious, dangerous, toxic, hazardous to
human health, safety or welfare or any other portion of the environment or natural
resources; (y)is now or at any time in the future becomes regulated, defined, listed,
prohibited, controlled, studied or monitared in any manner by any governmental
authority or Environmental Laws; or (z) a basis for liability,responsibility, or duty
owed to any governmental authority or private or public third party.
"Litigation EXpenses" means any reasonable out-of-pocket expense
incurred in a Proceeding, including court filing fees, court costs, arbitration fees,
witness fees, and attorneys' and other professionals' fees and disbursements.
8
"Loss" means any amount awarded in, or paid in settlement of, any
Proceeding, including any interest but excluding any Litigation Expenses.
"Proceedin�" means any judicial, administrative, mediation, settlement, or
arbitration action, suit, claim, investigation, or proceeding.
"Release" means any release, spill, emission, leaking, pumping, pouring,
injection, escaping, deposit, disposal, discharge, dispersal, dumping, leaching or
migration of Hazardous Materials into the indoor or outdoor environment
(including, without limitation, the abandonment or disposal of any barrels,
containers or other closed receptacles containing any Hazardous Materials), or into
or out of the Leased Premises, structure, vessel or vehicle, including, without
limitation, the movement of any Hazardous Materials into or through the air, soil,
soil gas, surface water, groundwater or other media.
17. Termination. Either City or Association may terminate this Lease whenever the
other party has failed to comply with a material condition of this Lease, provided the non-
defaulting party has provided written notice of default as provided herein and such default has not
been remedied or cured within the time frame provided herein.
The written notice of default delivered to the defaulting party shall specify the default and
state that this Lease shall be terminated and forfeited sixty (60) days after the date of such notice
unless such default is remedied within that sixty (60) day period.
Upon receipt of notice of termination by either party, neither party shall incur new
obligations for the terminated portion of the Lease after the effective date of the termination and
shall cancel as many outstanding obligations as possible.
18. Records, Reports and Filin�s. Association shall maintain, or cause to be
maintained, accurate and proper books of record showing complete and current entries of all
transactions relating to the operation of the Leased Premises. Such records shall be fully
substantiated with documentation sufficient to satisfy standards for certified audits.
Copies of all petitions, applications or communications submitted by Association to any
state regulatory commission or agency having jurisdiction in respect to any matters affecting the
Leased Premises' operations or the financial recards thereof shall be submitted simultaneously to
the City Manager.
Representatives of City shall have the right to inspect such records, accounts, and books
upon written request by the City Manager.
19. Annual Reports. Association shall file, no later than March 31 of each year, with
the City Clerk, two copies of an audit of the financial records of Association, prepared by an
independent certified public accountant, showing all receipts and disbursements, together with the
comments of the auditor concerning whether the books and records are being kept in compliance
with this Lease, regulations of the State of Iowa, and in accordance with recognized accounting
practices.
9
20. Conflict of Interest. City agrees that no officer, employee of City, or member of the
governing body of City who exercises or has exercised any functions of responsibility with respect
to Association andlor the Leased Premises shall have any interest,direct or indirect,in any contract
or subcontract, or the proceeds thereof, for work to be performed in connection with the Leased
Premises or in any activity or benefit therefrom which is part of this project at any time during
such person's tenure or for a period of one year thereafter, subject to the exceptions outlined in
Iowa Code §362.5, as amended.
Association agrees that no member or officer who exercises or has exercised any functions
of responsibility with respect to Association shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, in connection with any contracts awarded by
Association or City for work to be performed or services to be provided to Association or City at
any time during such person's tenure, subject to the exceptions outlined in Iowa Code §362.5, as
amended.
21. Representation. Association shall reserve three positions on its Board of Directors
for City Council members as appointed by the City Council of Dubuque,Iowa in consultation with
Association and one position on its Board of Directors for the City Manager or the City Manager's
designee. Each of the appointments is subject to removal by Association in the event of failure to
comply with the resolutions and bylaws of Association.
Association shall reserve on its Executive Committee, or its governing committee by
whatever name such committee is designated, one position for the City Manager.
22. Public Purpose. City has determined that the operations of Association accomplish
a public purpose by promoting community development and tourism for the civic betterment and
social welfare of City. Association has been designated by City as an appropriate nonprofit entity
to further and advance such purpose.Both parties acknowledge that Association's primary purpose
in the operation of its businesses is to promote such community development, tourism, civic
betterment, and social welfare for the benefit of City and its citizens.
23. Nature of Relationship. The relationship created in this Lease is a landlard-tenant
relationship, and each party shall be liable for its own action and shall hold the other harmless
from any liability arising from the action of it or its agents ar employees.
24. Compliance with Applicable Laws. Association, in the operation and management
of its businesses, shall comply with all applicable federal, state, and local laws, ordinances and
regulations. The parties shall comply with all applicable local, state and federal laws or regulations
relating to this Lease and/or the Leased Premises.
25. Protection of Association Property. City acknowledges that property, both real and
personal, owned or under the control of Association is entitled to all protection provided far by
law for the protection of private property even if located on public land unless otherwise specified
herein.
10
26. Notice. Both City and Association shall give prompt notice in writing to the other
party of any adverse development, financial or otherwise, which would materially affect the
operation of Association.
27. Ri�ht of Intervention. City and Association shall have the right of intervention in
any suit or judicial or regulatory proceeding to which the other is a party and which may affect the
rights of either party. Neither City nor Association shall oppose any such intervention.
28. Discrimination. In carrying out all of its activities, Association shall not
discriminate against any employee or applicant for employment because of the protected classes
covered by Title 8 of the city code, as amended. Association shall take affirmative action to assure
that applicants for employment are employed and that employees are treated during employment
without regard to their membership in a protected class, as outlined in Title 8 of the city code, as
amended. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer; rates of pay or other forms of compensation; and selection for training,
including apprenticeships. Association shall post notices setting forth the provisions of this
nondiscrimination clause on employee bulletin boards. The notices shall state that all qualified
applicants will receive consideration for employment with regard to the protected classes covered
by Title 8 of the city code, as amended.
Association agrees and will undertake whatever affirmative measures are necessary so that
no person shall, on the grounds of the protected classes covered by Title 8 of the city code, as
amended, be excluded from participation in, denied the benefits of, or be subjected to
discrimination under any program or activity associated with operation of Association or any other
operation on the Leased Premises.
Association further agrees that these nondiscrimination provisions shall be incorporated
into any and all third-party contracts.
29. Condemnation.
(a) If at any time during the term of this Lease all substantially all of the Leased
Premises or the improvements thereon shall be taken in the exercise of the power of
eminent domain by any sovereign, municipality or other public or private authority, then
this Lease shall terminate on the date of vesting of title in such taking and any prepaid rent
shall be apportioned as of said date. Substantially all of the Leased Premises and the
improvements thereon shall be deemed to have been taken if the remaining portion of the
Leased Premises shall not be of sufficient size to permit Association, in its sole discretion,
to operate its business thereon in a manner similar to that prior to such taking.
Any award for such taking of all or substantially all of the Leased Premises shall
be paid to the parties hereto in accordance with the following: (i) to City, the amount of
the award attributable to the Leased 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
improvements thereon, and all other sums not directly attributable to the value of the land
11
constituting the Leased Premises; and (ii) to Association, the entire award except that
portion allocated to City above.
(b) If less than all or substantially all of the Leased Premises or the
improvements thereon shall be taken in the exercise of the power of eminent domain by
any sovereign, municipality or other public or private authority, then Association, at its
option, may elect to continue this Lease in full force and effect or terminate this Lease. If
Association shall elect to maintain this Lease in full force and effect, the award for such
partial condemnation shall be allocated as provided in subparagraph (a), above, and
Association shall proceed with reasonable diligence to carry out any necessary repair and
restoration so that the remaining improvements and appurtenances shall 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 Association elects to continue this Lease in
full force and effect after a partial condemnation, the parties shall mutually agree upon a
reduction in the rent and distributions paid to City pursuant to this Lease to account for the
area of the Leased Premises taken.
Should Association elect to terminate this Lease upon a partial condemnation,
Association shall provide City with written notice of such election within thirty (30) days
after the date of vesting of title for such taking. Association shall specify in such written
notice the date on which this Lease shall terminate, which date shall be not less than sixty
(60) days nor more than 360 days after delivery of such notice to City. In the event
Association terminates this Lease as provided for in this subparagraph (b), City shall be
entitled to the entire award for such partial taking.
(c) If the temporary use of the whole or any part of the Leased Premises or the
improvements thereon shall be 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 shall not be reduced or affected in any way, and Association shall
continue to pay in full the rent, distributions rent and other sum or sums of money and
charges herein reserved and provided to be paid by Association, and the entire award for
such temporary taking shall be paid to Association.Association shall repair and restore any
and all damage to the Leased Premises and the improvements thereon as soon as reasonably
practicable after such temporary taking.
30. Ri,ght of First Refusal. Association shall have the preemptive right during the Term
to purchase the Leased Premises on the same terms and conditions as those of any bona fide offer
received by and acceptable to City. Before making sale or any agreement to sell, City shall notify
Association in writing of the terms and conditions of the offer. Association, within siXty(60)days
after receipt of such notice, may exercise this preemptive right by written notice to City. Failure
of Association to exercise this preemptive right on one or more occasions shall not affect
Association's right to exercise it on any subsequent occasion. Any sale or transfer of the Leased
Premises, or any part thereof, or of any larger tract of land of which the Leased Premises may be
a part, shall be expressly made subject to all of the terms, covenants and conditions of this Lease.
12
31. Amendments. This Lease may be modified or amended, in writing, following
proper authorization by each party's governing body. This Lease may not be amended or modified
by oral agreement or understanding between the parties unless the same shall be in writing, duly
approved,and executed by both parties. Notwithstanding the foregoing,City and Association shall
enter into an amendment to this Lease to the extent necessary:
(a) to conform with a change in federal or state law or regulation,administrative
ruling or judicial decision; and/or
(b) to comply with any requirements of Iowa law and the Iowa Racing and
Gaming Commission,including all matters required in order to obtain,maintain, and renew
the appropriate licenses required by state law.
32. Severability.If any provisions of this Lease or any application thereof to any person
or circumstance shall be held invalid by judicial decision, the invalidity shall not affect other
provisions or applications of this Lease that can be given effect without the invalid provision or
application, and to this end and extent, the provisions of the Lease are severable.
If any provision of this Lease becomes invalid and results in a significant loss of benefit to
City or Association or both, as determined by either party,the party claiming the loss may demand
renegotiation. Such demand for renegotiation must be made and delivered to the other party within
one year after the date both City and Association have received notice of the invalidity. Within
fifteen (15) days of receipt of such a demand, City and Association shall meet and begin
renegotiations. The renegotiations shall be limited to reforming this Lease and restoring the party
suffering the loss to its former position with equivalent benefits. The lease shall be effective from
the date the invalidity took place, even if such reformation is retroactive and involves a settlement
for loss of past benefits.
The purpose of this paragraph is to maintain the continuity of this Lease and conformity
with the expressed intentions of the party when this Lease was formed.
33. Mailin,g Addresses. Notices to City and to Association shall be sent by certified
mail as follows:
If to City: City Manager
City of Dubuque
City Hall - 50 West 13th
Dubuque, IA 52001
With a copy to: City Attorney
City of Dubuque
300 Main Street, Suite 330
Dubuque, IA 52001
If to Association: President
Dubuque Racing Association, Ltd.
13
P. O. Box 3190
Dubuque, IA 52001
With a copy to: Corporation Counsel
O'Connor& Thomas, P.C.
Attn: Tonya A. Trumm
1000 Main Street
Dubuque, IA 52001
or to such other address as either party shall, by written notice, request.
34. Approval Contingency. This Lease is contingent upon the prior approval of the
City Council of the City of Dubuque, Iowa, the Iowa Racing and Gaming Commission, and
Association's board of directors.
35. Entire Agreement. This Lease contains the entire agreement between City and
Association, and any statements, inducements or promises not contained herein shall not be
binding upon the parties.
36. Memorandum for Recordin�. The parties mutually agree that this Lease shall not
be recorded but that if necessary or desirable for title purposes, a Memorandum of Lease
Agreement shall be executed and filed of record.
CITY OF DUBUQUE, IOWA DUBUQUE RACING ASSOCIATION, LTD.
By:
Its: its:
Date: Date:
14
EXHIBIT A
LEASED PREMISES
Lots 2 and 3 of CHAPLAIN SCHMITT ISLAND in the City of Dubuque, Iowa, according to the
Plat recorded as Instrument#2023-7679, records of Dubuque County, Iowa.
EXHIBIT B
CITY INSURANCE SCHEDULE
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A
1. Lessee shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the
coverage required in Exhibit I prior to the lease, license, or permit commencement. All lessees of
City property and right of way licensees or permittees shall submit an updated certificate
annually. Each certificate shall be prepared on the most current ACORD form approved by the
lowa Insurance Division or an equivalent. Each certificate shall include a statement under
Description of Operations as to why the certificate was issued. Lease Agreement dated
December 14, 2021.
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
lowa and all insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The lessee, licensee, or permittee shall be required to carry the minimum coverage/limits, or
greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required
minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of the
lease, license, or permit.
6. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Director of Finance and Budget.The lessee, licensee, or
permittee must identify and list in writing all deviations and exclusions from the ISO form.
8. If lessee's, licensee's, or permittee's limits of liability are higher than the required minimum limits
then the lessee's, licensee's, or permittee's limits shall be this agreemenYs required limits.
9. Lessee, licensee, or permittee shall require all subcontractors and sub-subcontractors to obtain
and maintain during the pertormance of work insurance for the coverages described in this
Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and
sub-subcontractors. Lessee, licensee, or permittee agrees that it shall be liable for the failure of a
subcontractor and sub-subcontractor to obtain and maintain such coverage. The City may
request a copy of such certificates from the lessee, licensee, or permittee.
10. Lessee, license&permittees shall be responsible for deductibles and self-insured retention and
for payment of all policy premiums and other costs associated with the insurance policies
required below.
11. All certificates of insurance must include agents name, phone number and email address.
12. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the agreement, subject to
mutual agreement of the parties.
Page 1 Of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
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 $1,000,000
Fire Damage Limit(any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made,form.The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 0001,or Business owners form BP 00 02,shall be clearly
identified.
2) Include ISO endorsement form CG 25 04"Designated Location(s)General
Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement(Sample
attached).
5) 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)or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others Endorsement.
B) WORKERS'COMPENSATION 8�EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by lowa Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by lowa Code Section 85.1 A,the lessee, licensee,or permittee is not required to
purchase Workers'Compensation Insurance,the lessee, licensee,or permittee shall
have a copy of the State's Nonelection of Workers'Compensation or Employers' Liability
Coverage form on file with the lowa Workers'Compensation Insurance Commissioner,as
required by lowa Code Section 87.22.Completed form must be attached.
Page 2 of 4 Schedule A Lessees of City Property;Right of Way Licensees or Permittees April 2021
17
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
C) POLLUTION LIABILITY
Coverage required: _Yes X No
Pollution liability coverage shall be required if the lessee,contracting party, or permittee
has any pollution exposure for abatement of hazardous or contaminated materials
including,but not limited to, petroleum products,the removal of lead,asbestos,or PCBs.
Pollution product and completed operations coverage shall also be covered.
Each occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured 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 2010.
(Ongoing operations)or its equivalent and CG2037(completed operations)or
its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
D) PROPERTY INSURANCE REQUIRED BY LEASE,LICENSE,OR PERMIT
X Yes _No
Evidence of property coverage provided: X Yes
Include the City of Dubuque as Lender Loss Payable.
E) RIGHT-OF-WAY WORK ONLY:
U MBRELLAlEXC ESS $1,000,000
X Yes _ No
The General Liability,Automobile Liability and Workers Compensation insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including Waiver of Subrogation AND Primary and Non-contributory in favor of
the City.
F) FLOODINSURANCE
X Yes _No
If Required Coverage Federal Flood Program Maximum
Page 3 of 4 Schedule A Lessees of City Property;Right of Way Licensees or Permittees April 2021
18
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in lowa Code
sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv.The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coveraqe.The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it
now exists and as it may be amended from time to time.Those claims not subject to Code of lowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunitv.The City of Dubuque, lowa shall be 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 insurer.
4. Non-Denial of Coveraae.The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa 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, lowa.
No Other Chanqe in Policv.The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule A Lessees of City Property;Right of Way Licensees or Permittees April 2021
19
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New public and private investments and MASTER PLAN GOALS:
implementation of the Chaplain Schmitt
Island Master Plan will leverage the Connectthe Riverfront
signifieant investments that have been • Make the island a larger regional walking and biking trail
system and connect walkable areas along the riverfront,
made within and around the island. with special focus on new investment areas.
• Connect the island with the Port of Dubuque and
adjoining neighborhoods.
Chaplain Schmitt Island is a connected island that
welcomes visitors and the community to recreation, Celebrate the Island
entertainment and the outdoors. Through $130+ million • Highlight special island characteristics that make it a
in public and private investment, the island's vision unique place to visit and stay.
can be realized. • Plan for varying Mississippi River levels.
• Clean up the river for plants and animals.
Accessibility to the River
�;. • Improve accessibility to the river's edge and expand
.� �;• opportunities to get out on the water.
�
.�� ' '. Spend the day and night
j" •
• Bring new visitors to the island year-round with new,
complimentary development
• Interconnect existing and future uses so visitors can
��s� spend more time on the island.
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a e e es
Casino Remodel & Family Entertainment Area
A reimagined casino and entertainment area,including an elevated bar with bar top slot machines and updated
showroom.Addition of a family entertainment zone for all ages complete with high-end arcade games,
inclusive of banquet space/party rooms,and a new Sports Book and Sports Bar. Exterior upgrades include a
remodel of the facility fa4ade, new outdoor signage and improved landscaping and surface parking.
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Hotel
The crown jewel will be the construction
of a new,8-floor,108-room Hilton Tapestry
' Collection hotel adjacent to the existing
_ ������ Hilton Garden Inn,complete with an upscale
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�� rooftop restaurant,lounge,and event space
;.,';��. .- `�' overlooking the majestic Mississippi
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Amphitheater
A spectacular outdoor amphitheater that will host as many ��•r x ,� �g;� �� ��., ,� ,�,
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as 8,000 people for national acts will be built over what is � �� � T:�,�,
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currently the former greyhound track.The City of Dubuque ���. .� „r�_� ���
was awarded a$3 miUion Destination lowa Grant to assist "' � �`� E � � �`'�
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with funding this$15.8 million project.The remaining$12.8 �� � �.��- �
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million will be funded solely by the DRA. �--~°' �" � �;:� e �.�� ��� � �
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Greatly enhanced pedestrian and bicycle access to �
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all Chaplain Schmitt Island amenities, businesses,and --- �� - : �„ � �..,_ �.
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employers will be realized.Construction of the Lower `��. .,,. �. �' — ' _ I . '
Bee Branch Trail Phase 1 is under way.The project extends �`'�` � ., _ $�
south from Sycamore St.and under the U.S. HWY 61/151 �
overpass along the shoreline of the 16th St.Detention , `' ; :�- " � �� �`� ����;
Basin to 12th St. -� '' x✓ �-� � >
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The Veterans Memorial Trailhead project will better '� '�' � L : � ����'�`��r ��
connect Chaplain Schmitt Island to Dubuque's existing - --�
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trail system. -- 4--��- �i �-..y. �.f r�;:.
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Within funding from a RAISE planning grant,plans will be 5 � � � � � �� -- � ;�' �. "
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developed for further connectivity with a pedestrian/ �tiF �� ��.4
bike path adjacent to the existing 16th St. Peosta Channel , � _ . � . "
bridge to improve safe access to employment and � 3 ' ,� � =��' �- - `- �y
recreational opportunities on Chaplain Schmitt Island. �► $ :�4 � ' -� - � '`� ;�
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Project: Budget/Funding: Managed By: Funded By:
Q Casino Redevelopment $80 million DRA DRA
lowa Amphitheater $15.8 million City of Dubuque DRA/Destination lowa
Ice Arena Improvements and Upgrades $6.6 million City of Dubuque City of Dubuque
Lower Bee Branch Trail Phase 1 $721,000 City of Dubuque City of Dubuque/lowa DOT
Veterans Memorial Trailhead $890,000 City of Dubuque City of Dubuque/Federal
Community Project
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� CITY OF DUBUQUE
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In 2022, the City of Dubuque THE RAISE GRANT INCLUDES PLANNINGAND
received a $2.28 million RAISE DESIGN FOR THE FOLLOWING:
Planning Grant from the U.S.
Department of Transportation A vehicular/pedestrian overpass at the 14th St. railroad
grade crossing which will connect downtown residents
to assist with the planning and design of to job opportunities while reducing train delays that
multimodal transportation corridors which negatively impact the safe and efficient movement of
will connect vulnerable neighborhoods people and goods to and from the Kerper Boulevard
Industrial Park and Chaplain Schmitt Island
and low-income residents with economic
opportunities, recreational amenities, and — Complete street enhancements and roundabouts along
key community resources in the Kerper 16th St. and Elm St. to improve vehicle flow and restore
Boulevard Industrial Park, on Chaplain the corridors to a state of good repair
Schmitt Island, Downtown Dubuque,the
Historic Millwork District, and on the A pedestrian/bike path adjacent to the existing 16th
St. Peosta Channel bridge to improve safe access to
west side of the city via the downtown employment and recreational opportunities on Chaplain
Intermodal Transportation Center. Schmitt Island
The grant will be administered by the A roundabout at Admiral Sheehy Dr. on Chaplain Schmitt
Federal Highway Administration in Island
partnership with the Iowa Department These improvements will improve safety; enhance quality of life and
of Transportation. racial equity in disadvantaged neighborhoods; improve mobility and
community connectivity with alternative transportation modes;
THE��TY oF and support mixed-use,transit-oriented private development as
DUB E well as ensure the efficient movement of goods along corridors
with manufacturing businesses.The City will submit a federal grant
Maste,�p�e�e on the�vttsstsstppt request for construction of the $40 million project.
CM037-012023