Dubuque Ice & Recreation Center_ Memorandum of Development Agreement and Lease AgreementPrepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
MEMORANDUM OF DEVELOPMENT AGREEMENT AND LEASE AGREEMENT
A Development Agreement by and among the City of Dubuque, Iowa, an Iowa
municipal corporation, of Dubuque, Iowa, Dubuque Ice and Recreation Center, Inc.,
Dubuque Racing Association, and Battlefield Dubuque, LLC and a Lease Agreement
was made regarding the following described premises:
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, as shown on the attached Exhibits A and
A -1.
The Development Agreement is dated for reference purposes the 5 day of
October, 2009, and contains covenants, conditions, and restrictions concerning the sale
and use of said premises. The Lease Agreement is dated for reference purposes the
Q day of (1P Y , 2001.
This Memorandum is recorded for the purpose of constructive notice. In the
event of any conflict between the provisions of this Memorandum and the Development
Agreement or Lease Agreement, executed by the parties, the terms and provisions of
the Development Agreement or Lease Agreement shall prevail. A complete counterpart
of the Development Agreement and Lease Agreement, together with any amendments
thereto, is in the possession of the City of Dubuque and may be examined at its offices
as above provided.
Dated this 30 day of Oe'roQEe , 20k.
CITY OF DU = QUE, IOWA
By: / ,
Roy D/: uol, Mayor
I IIIIIII IIIIII iii IIIII II//I 1111111111 jIIII I//II 11111 I /III 1I/I/ II/// IIih I/II i
Doc ID: 00660 5640004 Type: GEN III
Kind: MEMORANDUM OF LEASE
Recorded: 11/10/2009 at 0 1:53:25 PM
Fee Amt: $24.00 Page 1 of 4
Kathy Flynn Recorder
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By:
Kevin S. irnst I, Assistant City Clerk
STATE OF IOWA
DUBUQUE COUNTY
ss:
On this 30 day of 1~~0 ~Y , 20 Dom, before me, a Notary Public in and for the State of
Iowa, in and for said county, personally appeared Roy D. Buol and Kevin S. Firnstahl, to
me personally known, who being by me duly sworn did say that they are the Mayor and
Assistant City Clerk, respectively of the City of Dubuque, a Municipal Corporation,
created and existing under the laws of the State of Iowa, and that the seal affixed to
said instrument is the seal of said Municipal Corporation and that said instrument was
signed and sealed on behalf of said Municipal corporation by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the
free act and deed of said Municipal Corporation by it voluntarily executed.
Notary Publ~ State of Iowa
~• ~•. TRACEY L. STCCKLEIty
Commission Numbor 71-810,16
~,,,~ My Comm. Exp. ~` -'-Ij~1L_
-2-
EXHIBIT A
THE DEMISED PREMISES
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, as shown on the attached Exhibit A-1.
-3-
EXHIBIT A-1
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