DICE_Resolution 372-09 Intent to Dispose of Real PropertyPreparers Barry A. Lindahl, Esq. Address: Suite 330, 300 Main Street, Dubuque, IA 52001 Telephone: (563) 583-4113
RESOLUTION NO. 372-09
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY
DEVELOPMENT AGREEMENT BETWEEN AND AMONG DUBUQUE ICE ~
RECREATION CENTER, INC., DUBUQUE RACING ASSOCIATION, AND
BATTLEFIELD DUBUQUE, LLC AND LEASE AGREEMENT WITH DUBUQUE
COMMUNITY ICE & RECREATIONAL CENTER, INC.
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following
described real estate (the Property):
A part of Mineral Lots 298 and 299 in Fractional Section 19, T89N, R3E,
5th P.M., in the City of Dubuque, Iowa, containing 6.63 acres,. more or
less, subject to easements of record and not of record;
and
WHEREAS, Dubuque Community Ice & Recreational Center, Inc. (DICE), an
Iowa Corporation, desires to lease a part of the Property shown on Exhibit A-1 attached
hereto for the construction and operation of an ice arena (the Arena) as described in a
Development Agreement and Lease Agreement now on file at the office of the City
Clerk, 50 West 13t" Street, Dubuque, Iowa; and
WHEREAS, Dubuque Racing Association, LTD (DRA) has agreed to enter into
the Development Agreement and contribute to the funds required by DICE for the
construction of the Arena; and
WHEREAS, Battlefield Dubuque, LLC (Battlefield), a Minnesota limited liability
company, has agreed to entered into the Development Agreement and contribute to the
funds required by DICE for the construction of the Arena and to enter in an agreement
with DICE for the use of the arena.
WHEREAS, the City Council of the City of Dubuque has found that the
development of the Property pursuant to the Development Agreement and Lease
Agreement, and the fulfillment generally of the Development Agreement and Lease
Agreement, are in the vital and best interests of City and in accord with the public
purposes and provisions of the applicable federal, state and local.
WHEREAS, the City Council has tentatively determined that it would be in the best
interests of the City to approve the Development Agreement and enter into the Lease
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the Property
pursuant to the Development Agreement and 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 Iowa Code Section 364.7 of a
public hearing on the City's intent to dispose of the foregoing-described real property, to
be held on the 5t" day of October, 2009, at 6:30 o'clock p.m. at the Historic Federal
Building, 350 West 6t" Street, Dubuque, Iowa.
Passed, approved and adopted this 23`d day of September, 2009.
Ric W. Jones I~i-°ayor Pro-Tem
~~test: Jeanne F. Schneider, City Clerk
F:\USERS\tsteckle\Lindahl\Dubuque Community Ice\Resolutionoflntent 091609.doc
RESOLUTION NO. 372-09
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN
REAL PROPERTY BY DEVELOPMENT AGREEMENT BETWEEN AND AMONG DUBUQUE
ICE & RECREATION CENTER, INC., DUBUQUE RACING ASSOCIATION, AND BATTLEFIELD
DUBUQUE, Li AND LEASE AGREEMENT WITH DUBUQUE COMMUNITY ICE &
RECREATIONAL CENTER, INC.
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following described real
estate (the Property):
A part of Mineral Lots 298 and 299 in Fractional Section 19, T89N, R3E, 5th P.M., in -the City
of Dubuque, Iowa, containing 6.63 acres, more or less, subject to easements of record and
not of record; 01
and
WHEREAS, Dubuque Community Ice & Recreational Center, Inc. (DICE), an Iowa Corporation,
desires to lease a part of the Property shown on Exhibit A-1 attached hereto for the construction
and operation of an ice arena (the Arena) as described in a Development Agreement and Lease
Agreement now on file at the office of the City Clerk, 50 West 13th Street, Dubuque, Iowa; and
WHEREAS, Dubuque Racing Association, LTD IDEA) has agreed to enter into the Develop-
ment Agreement and contribute to the funds required by DICE for the construction of the Arena;
and
WHEREAS, Battlefield Dubuque, LLC (Battlefield), a Minnesota limited liability company, has
agreed to entered into the Development Agreement and contribute to the funds required by DICE
for the construction of the Arena and to enter in an agreement with DICE for the use of the arena.
WHEREAS, the City Council of the City of Dubuque has found that the development of the
Property pursuant to the Development Agreement and Lease Agreement, and the fulfillment
generally of the Development Agreement and Lease Agreement, are in the vital and best interests
of City and in accord with the public purposes and provisions of the applicable federal, state and
local.
WHEREAS, the City Council has tentatively determined that it would be in the best interests
of the City to approve the Development Agreement and enter into the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The City of Dubuque intends to dispose of its Interest in the Property pursuant to
the Development Agreement and 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 Iowa Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing -described real property, to be held on the 5th day of Oc-
tober, 2009, at 6:30 o'clock p.m. at the Historic Federal Building, 350 West 6th Street, Dubuque,
Iowa.
Passed, approved and adopted this 23rd day of September, 2009.
Ric W. Jones, Mayor Pro Tem
Attest: Jeanne F. Schneider, City Clerk
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PROSRL55 PAIN-e�tlii e'JF
1teMS �
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, hic., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: September 25, 2009, and for which the charge is $103.07.
Subscribed to before me, a Y6arr ubli and for Dubuque County, Iowa,
thus � —day o , 20 �.
Notary Public in and for
t MARY K, WESTERMEYER
Commission Number 154885
My Cemm. Exp. FES, 1, 2011
County, Iowa.