Dubuque Racing Association — Request from Lender to clean-up items that remain listed in Abstract - Title Opinion Copyrighted
March 26, 2024
City of Dubuque Consent Items # 01.
Special Meeting
ITEM TITLE: Dubuque Racing Association— Request from Lender to clean-up items
that remain listed in Abstract— Title Opinion
SUMMARY: CityAttorney recommending approval of the attached resolution and the
signature of the Mayor on the attached release document regarding the
removal of several historic filings related to prior transactions with Q
Casino, the Hilton Garden I nn, Houlihan's, and the Dubuque Racing
Association from the abstract of title.
RESOLUTION Approving the release of Historic Real Estate Filings
related to Dubuque Racing Association and Q Casino as they have either
been exhausted, satisfied, amended, or superseded by subsequent
documents and make creating an abstract and title opinion related to
financing improvements intended by Dubuque Racing Association on
Chaplain Schmitt Island more cumbersome and difficult and consenting
to the removal of such filing from the abstract
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Resolution Resolutions
Release Supporting Documentation
Correspondence Supporting Documentation
Correspondence Part 2 Supporting Documentation
Dubuque
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CRENNA M. BRUMWELL, ESQ.
CITY ATTORNEY
TO: MAYOR BRAD M. CAVANAGH 8c MEMBERS OF THE CITY COUNCIL
DATE: MARCH 24, ZO24
RE: DUBUQUE RACING ASSOCIATION—REQUEST FROM LENDER TO CLEAN-UP ITEMS
THAT REMAIN LISTED IN ABSTRACT—TITLE OPINION
As part of the redevelopment of Chaplain Schmitt Island, in furtherance of the Chaplain
Schmitt Island Master Plan, the City has consented to the financing of projects by
Dubuque Racing Association. The lender for Dubuque Racing Association, MidWestOne
Bank, has requested that several historic filings related to prior transactions with Q
Casino, the Hilton Garden Inn, Houlihan's, and the Dubuque Racing Association be
removed from the abstract of title.
Senior Counsel Barry Lindahl and I have reviewed this request and agree the agreements
referenced in the attached resolution and release have been exhausted, satisfied,
amended, or superseded by subsequent agreements. I respectfully request approval of
the attached resolution and the signature of the Mayor on the attached release document.
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/EMai�cbrumwel@cityofdubuque.org
Prepared by Crenna M. Brumwell 300 Main Street, Suite 330 Dubuque 1A 52001 563 589-4381
Return to Prepared by Crenna M. Brumwell 300 Main Street, Suite 330 Dubuque IA 52001 563 589-4381
RESOLUTION NO. 66-24
APPROVING THE RELEASE OF HISTORIC REAL ESTATE FILINGS RELATED TO
DUBUQUE RACING ASSOCIATION AND Q CASINO AS THEY HAVE EITHER BEEN
EXHAUSTED, SATISFIED, AMENDED, OR SUPERSEDED BY SUBSEQUENT
DOCUMENTS AND MAKE CREATING AN ABSTRACT AND TITLE OPINION
RELATED TO FINANCING IMPROVEMENTS INTENDED BY DUBUQUE RACING
ASSOCIATION ON CHAPLAIN SCHMITT ISLAND MORE CUMBERSOME AND
DIFFICULT AND CONSENTING TO THE REMOVAL OF SUCH FILING FROM THE
ABSTRACT
WHEREAS, the City of Dubuque has adopted a Chaplain Schmitt Island Master
Plan (hereinafter "Master Plan") and has periodically amended the Master Plan; and
WHEREAS, the Master Plan contemplates a number of improvements on Chaplain
Schmitt Island; and
WHEREAS, the City and Dubuque Racing Association have partnered to initiate a
number of the Master Plan identified redevelopment projects on Chaplain Schmitt Island-,
and
WHEREAS, as part of the redevelopment of Chaplain Schmitt Island, in
furtherance of the Master Plan, the City has consented to the financing of projects by
Dubuque Racing Association; and
WHEREAS, the lender for Dubuque Racing Association, MidWestOne Bank, has
requested that several historic filings related to prior transactions with Q Casino, the Hilton
Garden Inn, Houlihan's, and the Dubuque Racing Association, described below, be
removed from the abstract of title to the following described real property (the Property):
Lot 1 of CHAPLAIN SCHMITT ISLAND in the City of Dubuque, Iowa, accordingto
the Plat recorded as Instrument No. #2023-7679, records of Dubuque County,
Iowa.
as they have been exhausted, satisfied, amended, or superseded by subsequent
agreements; and
WHEREAS, the City agrees to facilitate this clean-up in order to streamline
redevelopment on Chaplain Schmitt Island and at Q Casino.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby consents to and deems released, exhausted,
amended, or superseded the following documents and consents to the removal
of the documents from the abstract of title from the Property:
Document Title
Recorded as
Date Recorded
Document
First Amendment to Assignment of
2010-19183
November 23, 2010
Lease Agreement between Dubuque
Rading Association, Ltd., as
Lessee/borrower and City of
Dubuque, Iowa, Lessor and American
Trust & Savings Bank
Affidavit Regarding Amendment No. 3
2005-15840
September 27,
to Lease Agreement between the City
2005
of Dubuque, Iowa, as Lessor and
Dubuque Casino Hotel, L.L.C., as
Lessee
Assignment of Lease Agreement
2014-6270
June 13, 2014
Assignment and Assumption
June 13, 2014
Agreement
Memorandum of Lease Agreement
between the City of Dubuque,
2005-12433
August 3, 2005
Landlord, and Dubuque Casino Hotel,
L.L.C., as Tenant
Landlord's Consent between the City
2014-6272
June 13, 2014
of Dubuque, Iowa, as Landlord,
Dubuque Casino Hotel, LLC, as
Tenant, Dubuque Racing Association,
as Company, American Trust &
Savings Bank, as Lender
2. The Mayor is authorized and directed to execute the attached Release on
behalf of the City of Dubuque.
3. The City Clerk is authorized and directed to execute and record the Release
on behalf of the City of Dubuque.
z
Passed, approved and adopted this 26th day of March, 2024.
BrId M. Cave ayor
Attest:
Adrienne N. Breitfelder, City Cleric
Doc ID: 011206410003 Type: GEN
Kind: RELEASE
Recorded: 04/03/2024 at 12:41:27 PM
Fee Amt: $31.00 Paqe 1 of 3
Dubuque County Iowa
Karol Kennedy Recorder
File2024-00002687
RELEASE
Recorder's Cover Sheet
Preparer Information: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA
52001, Phone: 563-589-4381
Taxpayer Information: Dubuque Racing Association, 1855 Greyhound Park Rd.,
Dubuque, IA 52001
Return Document To: City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001
Party releasing: City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001
Released Party: Dubuque Racing Association, 1855 Greyhound Park Rd., Dubuque,
IA 52001
Legal Description: Lot 1 of CHAPLAIN SCHMITT ISLAND in the City of
Dubuque, Iowa, according to the Plat recorded as Instrument No. #2023-7679,
records of Dubuque County, Iowa.
DAUct�xe- ((� Ocrtk 9 �f'
RELEASE
The undersigned, the present owner(s) of the real estate, does hereby
acknowledge the following filings were made and executed:
Document Title
Recorded as
Date Recorded
Document
First Amendment to Assignment of Lease
Agreement between Dubuque Rading
2010-19183
November 23, 2010
Association, Ltd., as Lessee/borrower and City
of Dubuque, Iowa, Lessor and American Trust &
Savings Bank
Affidavit Regarding Amendment No. 3 to Lease
Agreement between the City of Dubuque, Iowa,
2005-15840
September 27,
as Lessor and Dubuque Casino Hotel, L.L.C., as
2005
Lessee
Assignment of Lease Agreement
2014-6270
June 13, 2014
Assignment and Assumption Agreement
June 13, 2014
Memorandum of Lease Agreement between the
City of Dubuque, Landlord, and Dubuque Casino
2005-12433
August 3, 2005
Hotel, L.L.C., as Tenant
Landlord's Consent between the City of
Dubuque, Iowa, as Landlord, Dubuque Casino
2014-6272
June 13, 2014
Hotel, LLC, as Tenant, Dubuque Racing
Association, as Company, American Trust &
Savings Bank, as Lender
The City of Dubuque hereby deems the above listed documents redeemed, paid off,
satisfied, exhausted, or superseded.
Dated Moir c h
I�Mom
Brad M. :t/
STATE OF IOWA
COUNTY OF DUBUQUE
On this a 6 day of Ma r' L- ► i 9094 hPfnrP mP a Nntary Pi ffi ir.
in and for the State of Iowa, personally appeared Brad M. Cavanagh, to me personally
known, and who being by me duly sworn, did state that he is the Mayor of the City of
Dubuque, Iowa, and that this instrument is signed on behalf of the City of Dubuque,
Iowa, and that said Brad M. Cavanagh acknowledged the execution of the instrument to
be his voluntary act and deed and the voluntary act and deed of the City of Dubuque,
Iowa.
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Signature of Notary Public
ADRIENNE N. BREITFEIDER
Commission Number V AAAA
%o,Y;- My Comm. Exp.
Crenna Brumwell
From: Stephan Alt <SAIt@fuerstelaw.com>
Sent: Tuesday, March 19, 2024 1:18 PM
To: Tonya A. Trumm
Subject: MWO - DRA
Tonya,
On behalf of my client, MidWestOne Bank, and in connection with the contemplated DRA/Q-Casino
redevelopment loans we request that the City files adequate documentation with the Dubuque County Recorder
so that the several historic filings related to prior transactions with Q Casino,the Hilton Garden Inn, Houlihan's,
and the Dubuque Racing Association that currently show up in the abstract of title to the real property described
below, but that have now been exhausted, satisfied, amended, or superseded by subsequent agreements may be
removed from the abstract of title so as to clean up the chain of title for future examiners.
Lot 1 of CHAPLAIN SCHMITT ISLAND in the City of Dubuque, lowa, according to the Plat recorded as Instrument
No.#2023-7679, records of Dubuque County, lowa.
Stephan E. Alt
�FGJS FLT�:Rs�E, CARE`1�,
UFRGFI�+�S & SUDti1EIER P.C.
J �
890 Main Street � Suite 200 � Dubuque, lowa 52001
Phone: (563) 556-4011 � Fax: (563) 556-7134
i
Crenna Brumwell
From: Tonya A. Trumm <TTrumm@OCTHOMASLAW.COM>
Sent: Tuesday, March 19, 2024 3:43 PM
To: Crenna Brumwell
Subject: RE: Resolution_Cleanup Title_Draft_3-18-24
Attachments: MWO - DRA
Caution!This message was sent from outside your organization. Never give your login
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Please see the attached email from Stephan Alt requesting the clean-up of title.
Thanks,
Tonya