Signed Contract_Memorandum of Lease with Respect to Lots 2 and 3 of Chaplain Schmitt IslandCopyrighted
November 20, 2023
City of Dubuque Consent Items # 09.
City Council Meeting
ITEM TITLE: Signed Contract(s)
SUMMARY: Memorandum of Lease with Respect to Lot 1 of Chaplain Schmitt Island;
Memorandum of Lease with Respect to Lots 2 and 3 of Chaplain Schmitt
Island; Amendment No. 1 to Professional Services Agreement with
W HKS & Co. for the Burlington St. Water Main Improvement Project.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Memorandum of Lease with Respect to Lot 1 of Supporting Documentation
Chaplain Schmitt Island
Memorandum of Lease with Respect to Lots 2 and 3 of Supporting Documentation
Chaplain Schmitt Island
Amendment No. 1 to Professional Services Agreement Supporting Documentation
with W HKS & Co.
Number: 202300009926
Recorded: 10/19/2023 at 10:16:30.0 AM
County Recording Fee: $17.00
Iowa E-Filing Fee: $3.00
Combined Fee: $20.00
Revenue Tax:
Karol Kennedy, RECORDER
Dubuque County, Iowa
MEMORANDUM OF LEASE
WITH RESPECT TO
LOTS 2 AND 3 OF CHAPLAIN SCHMITT ISLAND
Recorder's Cover Sheet
Preparer Information:
Tonya A. Trumm, O'Connor & Thomas, P.C., 1000 Main St., Dubuque, IA 52001
(563) 557-8400 (kmp)
Taxpayer Information:
N/A
Return Address:
Tonya A. Trumm, O'Connor & Thomas, P.C., 1000 Main St., Dubuque, IA 52001
Landlord:
City of Dubuque, Iowa
Tenant:
Dubuque Racing Association, Ltd.
Legal Description:
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
Document or instrument number if applicable:
N/A
MEMORANDUM OF LEASE
WITH RESPECT TO
LOTS 2 AND 3 OF CHAPLAIN SCHMITT ISLAND
This Memorandum of Lease With Respect to Lots 2 40 3 of Chaplain Schmitt Island (this
"Memorandum") is made and entered into as of October 11 �, 2023, by and between the City of
Dubuque, Iowa ("Landlord"), a municipal corporation whose address for purposes hereof is City
Hall, 50 West 13th Sheet, Dubuque, Iowa 52001, and Dubuque Racing Association, Ltd., an Iowa
non-profit corporation ("Tenant") whose address for purposes hereof is 1855 Greyhound Park
Road, Dubuque, Iowa 52001.
RECITALS
WHEREAS, Landlord and Tenant entered into that certain Amended and Restated Lease
Agreement dated as of September 19, 2023 (the "Lease"), pursuant to which Landlord has demised
and let to Tenant the real property located at Greyhound Park Road, Dubuque, Iowa, as more
particularly described as follows (the "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.
WHEREAS, Landlord and Tenant desire to execute this Memorandum, which is to be
recorded in the public records of Dubuque County, Iowa, in order that third parties may have notice
of the estate of Tenant in the Premises and of the Lease.
AGREEMENT
NOW, THEREFORE, in consideration of the rents and covenants provided for in the Lease
to be paid and performed by Tenant, Landlord does hereby demise and let unto Tenant the Premises
on the terms and conditions set forth in the Lease, among which are the following:
l . TERM. The term of the Lease shall commence on September 19, 2023, at 12:01
a.m. and terminate on December 31, 2056 at 11:59 p.m. (the "Term").
2. RIGHT OF FIRST REFUSAL. Pursuant to the Lease, Landlord has granted to
Tenant the preemptive right during the Term to purchase the Premises on the same terms and
conditions as those of any bona fide offer received by and acceptable to Landlord.
3. INCORPORATION OF LEASE TERMS BY REFERENCE. All of the terms,
conditions, provisions and covenants of the Lease are incorporated in this Memorandum by
reference as though written out at length herein. In the event of any inconsistency between the
terms and provisions of this Memorandum and those of the Lease, the terms and provisions of the
Lease shall control.
IN WITNESS WHEREOF, Landlord and Tenant have each caused this Memorandum to
be executed by its respective duly authorized representatives as of the date first above written.
LANDLORD:
CITY O DUBUQ E. OWA
By:
Michael Van Milligen, Tly
TENANT:
DUBUQUE RACING ASSOCIATION, LTD.
B —�'
y:
Alex Dixon, President and CEO
STATE OF IOWA )
) ss.
COUNTY OF DUBUQUE )
Personally came before me on Octobers 2023, the above -named Michael Van
Milligen, in his c acity as City Manager of the City of Dubuque, Iowa, to me known to be the
persone36ted the f�Lregoing instrument and acknowledged the same on behalf of said
Notary lic, State of Iowa
My - mmission expires: !0/9
r
.a'. �•r TONYA ATRUMM
Commission Num,ee 78 67
,ate, My Comm. Exp.
STATE OF IO WA )
ss.
COUNTY OF DUBUQUE )
Pers ally e before me on October �, 2023, the above -named Alex Dixon, in his
ca acity Pr sid t and CEO of Dubuque Racing Association, Ltd., to me known to be the person
who t n ° instrument and acknowledged the same on behalf of said corporation.
NotaryNWic, State of Iowa
My CoKmission expires: o
•.* TONS YA ATRuM"Cemmission
Nus�K 78
e.• My Comm. Exp, II