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Iowa Greyhound Association Lease Amendment Copyrighted September 4, 2018 City of Dubuque Consent Items # 6. ITEM TITLE: lowa Greyhound Association Lease Amendment SUMMARY: City Manager recommending approval of an Amendment to Lease Agreement with lowa Greyhound Association that provides for a five-year term commencing January 1, 2020. RESOLUTION Approving an Amendment to Lease Agreement between the City of Dubuque, lowa and lowa Greyhound Association SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type lowa Greyhound Association Lease Amendment-NNM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Amendment Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment to Lease Agreement Between the City of Dubuque and lowa Greyhound Association DATE: August 29, 2018 The City of Dubuque, lowa, and lowa Greyhound Association entered into a Lease Agreement dated November 17, 2014, for the dog racing facilities at the Greyhound Park & Mystique Casino (now Q Casino). The Initial Term of the Lease Agreement was for five years commencing on January 1 , 2015, and provided for a single option to renew for an additional five years. As required by state law, rent for the Demised Premises was in the amount of$1 .00 per year on January 1 , 2015, and on the first day of January of each year thereafter during the Initial Term. The legislation also required a second five-year lease term at "market rate". City Attorney Crenna Brumwell recommends City Council approval of an Amendment to Lease Agreement with lowa Greyhound Association that provides for a five-year term commencing January 1 , 2020, with an annual rent of$58,000 per year, which will be adjusted each year of the Lease based on the percentage increase in the cost of living. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Jenny Larson, Budget Director Prepared by Crenna M Brumwell 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION NO. 257-18 APPROVING AN AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND IOWA GREYHOUND ASSOCIATION Whereas, the City of Dubuque, Iowa and Iowa Greyhound Association entered into a Lease Agreement dated for reference purposes the 17th day of November, 2014; and Whereas, in Section 1.1(1) of the Lease Agreement, the parties agreed to an Initial Term of five years commencing on the first day of January, 2015 and ending on the 31st day of December, 2019; and Whereas, in Section 1.1(2) of the Lease Agreement, the parties agreed to annual rent of $1.00 per year on January 1, 2015 and on the first day of January of each year thereafter during the Initial Term; and Whereas, Section 1.2 of the Lease Agreement provided Lessee with a single option to renew the Lease for an additional five years commencing on the 1st day of January, 2020; and Whereas, the parties wish to now provide Lessee an option to terminate the Lease; and Whereas, the parties now agree to amend the Lease Agreement as set forth in the attached Amendment to Lease Agreement; and Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve the Amendment to Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Amendment to Lease Agreement between the City of Dubuque and Iowa Greyhound Association attached hereto is hereby approved. Passed, approved and adopted this 4th day of Septeplber 2018. Attest: Ite p Kevi S. Firnstahl, City lerk Dz. Roy b. Bt T, Mayor F:\Users\tsteckle\Lindahl\Iowa Greyhound Lease Agreement\ResolutionApprovingtAmendmentToLeaseAgreement082718.docx THE CTTY OF Dubuque �" ui���eNe�ary DUB E 'il��i;' Masterpiece on the Mississippi Z°°' Z°'Z 2013 2017 CRENNA M . BRUMWELL , ESQ. CITY ATTORNEY To: Michael C. Van Milligen City Manager Dare: August 27, 2018 Re: Amendment to Lease Agreement Between the City of Dubuque and lowa Greyhound Association The City of Dubuque, lowa and lowa Greyhound Association (IGA) entered into a Lease Agreement dated November 17, 2014 for the dog racing facilities at the Greyhound Park & Mystique Casino (now Q Casino). The Initial Term of the Lease Agreement was for five years commencing on January 1, 2015 and provided for a single option to renew for an additional five years. As required by state law, rent for the Demised Premises was in the amount of $1 .00 per year on January 1, 2015 and on the first day of January of each year thereafter during the Initial Term. The legislation also required a second five-year lease term at "market rate". The attached Amendment to Lease Agreement provides that the City leases to IGA the Demised Premises for a term of five years commencing on the 1�� day of January, 2020 at an annual rent of $58,000 per year, which will be adjusted each year of the Lease based on the percentage increase in the cost of living. As with the original Lease, IGA must maintain a certain number of live race days during racing season or the City may terminate the lease on the following January 1�. The Amendment also gives Lessee the option to terminate the Lease provided Lessee gives Lessor not less than ten months prior written notice to terminate. I recommend that the Resolution approving the Amendment to Lease Agreement be submitted to the City Council for consideration and approval. CMB:tIs Attachment cc: Barry A. Lindahl, Senior Counsel F:\Users\tsteckle\Lindahl\lowa Greyhound Lease Agreement\MVM_ResolutionApprovingFirstAmendmentToLeaseAgreement_082718.docx OFFICE OF THE CITYATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)589-4381 /Fnx (563)583-1040/Ennni� cbrumwel@cityofdubuque.org Masterpiece on the Mississippi MEMORANDUM CRENNA M. BRUMWELL, ESQ. CITY ATTORNEY To: DATE: Kevin Firnstahl City Clerk September 6, 2018 RE: Amendment to Lease Agreement — City of Dubuque and Iowa Greyhound Association Kevin, attached for your file is the original fully executed Amendment to Lease Agreement between the City of Dubuque and Iowa Greyhound Association, dated September 4, 2018. I have scanned a copy to Jerry Crawford. We will retain a copy in our file. Thank you. CMB:tls Attachment F:\Users\tsteckle\Lindahl\Iowa Greyhound Lease Agreement\Firnstahl_AmendmentTolowaGreyhoundLeaseAgreement_090618.docx OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAX (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org AMENDMENT TO LEASE AGREEMENT This Amendment to Lease Agreement (hereinafter "Amendment") is made this '-day of C,.-? ,/-g/i/Zfll-,- 2018, by and between. the City of Dubuque, an Iowa municipal corporation (hereinafter "Lessor") and Iowa Greyhound Association, an Iowa not for profit corporation (hereinafter "Lessee"). Witnesseth: WHEREAS, Lessor and Lessee are the parties to a Lease Agreement dated November 17, 2014, a copy of which is attached hereto; and. WHEREAS, the parties by this Amendment desire and intend to amend certain provisions of the Lease Agreement as hereinafter set forth. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee hereby agree as follows: 1. Effective January 1, 2020, Section 1 of the Lease Agreement is hereby deleted in its entirety and the following placed in its stead: {0247 8 OCX} SECTION 1. DEMISE AND TERM; RENT. .1 Term. (1) In consideration of the rents hereinafter reserved and the terms, covenants, conditions and agreements set forth in this Lease, Lessor hereby leases to Lessee the Demised Premises, subject to any easements and restrictions of record, for a Term of five years commencing on the 1' day of January, 2020, and ending on the 31' day of December, 2025, subject to all of the terms, covenants, conditions and agreements contained herein so long as no fewer than ninety-five (95) live race days with nine (9) live races per day during each racing season occur. Lessor may terminate this Lease as it pertains to the portion of the Demised Premises utilized for live racing on January .1 of the year following the calendar year in which such live dog racing was not conducted by Lessee. (2) Lessee must pay Lessor (in addition to taxes, fees, assessments, and other charges required to be paid under this Lease by Lessee) rent for the Demised Premises an annual base rent in the amount of $58,000.00 per year on January 1, 2020, and on the first day of January each year thereafter during the Term. The annual base rent shall be adjusted each year of this Lease based upon the percentage increase in the cost of living (utilizing the CPI -U) in relation to the initial annual base rent. 1.2 Lessee Option to Terminate. (1) Lessee shall have the option to terminate this Lease effective as of the last day of any calendar year (the "Termination Date") provided Lessee gives Lessor not less than ten (10) months prior written notice to terminate. As of the Termination Date: (a) all amounts payable by Lessor under this Lease shall be paid through the Termination Date; (b) neither party shall have any rights, liabilities or obligations under the Lease for the period accruing after the Termination Date, except those which, by the provisions of this Lease, expressly survive the termination of the Lease; and (c) Lessor shall surrender the Demised Premises in the condition required under the Lease. 1.3 Lessee acknowledges and agrees that it is the intent of the parties that Lessor must not incur any costs related in any way to the financing, purchase, lease or operation of the Demised Premises which are not paid for or reimbursed by Lessee as rent or otherwise. 2. CONTINUING EFFECT: Except as amended above all other terms and conditions of the Lease Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Lease Agreement as of the date set forth herein above. TIIE CITY OF D t,. UQUE By: Attest: Roy D. Bu►'`, Mayor Ke1v n S. Firnstahl, City Clerk LESSOR {024771 s6.DOCK} IOWA GREYHOUND ASSOCIATION LESSEE