Set for Public Hearing an Amended Lease with the Dubuque Racing Association_InitiateCity of Dubuque
City Council Meeting
Copyrighted
December 20, 2021
Items to be set for Public Hearing # 1.
ITEM TITLE: Recommendation to Set for Public Hearing an Amended Lease with the
Dubuque Racing Association
SUMMARY: City Manager and City Attorney recommending that an amended lease
with the Dubuque Racing Association be placed on the January 3, 2022
City Council Agenda for a public hearing.
RESOLUTION I ntent to dispose of an interest in real property owned by
the City of Dubuque by lease between the City of Dubuque, Iowa and
Dubuque Racing Association, Ltd
SUGGESTED Receive and File; Adopt Resolution(s), Set Public Hearing for January 3,
DISPOSITION: 2022Suggested Disposition:
ATTACHMENTS:
Description
Dubuque Racing Association Second Amended and
Restated Lease Agreement-MVM
Resolution
Dubuque County Population Estimates
2nd Amended and Restated Lease Agreement with
Dubuque Racing Association
Notice of Public Hearing
Type
City Manager Memo
Resolutions
Supporting Documentation
Supporting Documentation
Supporting Documentation
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Crenna Brumwell, City Attorney
Michael C. Van Milligen, City Manager
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
SUBJECT: Recommendation to Set for Public Hearing an Amended Lease with the
Dubuque Racing Association
DATE: December 16, 2021
On December 14, 2021, the Dubuque Racing Association (DRA) Board of Directors
approved an amended lease with the City of Dubuque. The lease is subject to approval
by the Dubuque City Council and final approval from the Iowa Racing and Gaming
Commission. The DRA is the license holder for gaming operations at Q Casino, a
facility that is owned by the City of Dubuque.
The DRA and the City of Dubuque have maintained a strong relationship since the
organization's inception in 1985, which brought greyhound racing to Dubuque during a
time when unemployment was at its highest, population was declining (see attachment),
and the economic outlook of the community was very grim. Through this partnership
and the support of the community, the organization has made over $1 billion in
economic impact over the last 35 years, including over $213 million to the City and over
$50 million to local non -profits.
On April 24, 1984, the residents of Dubuque passed a $6.5 million bond referendum
with 71 % of the vote. With a one billion dollar return on investment over 38 years, as in
any investment, those that took the risk reap the benefits, and in this case it is the
Dubuque taxpayers. However, for the residents of Dubuque, this is only a small
representation of the return to the community. From an economic perspective the DRA
helped to revitalize the regional tourism industry. With approximately 1.75 million
visitors a year, there are businesses and hotels that would simply not exist without the
DRA. That supports thousands of jobs and those people own homes, rent apartments,
shop in stores, send their children to schools and generally contribute to the economy.
From a non -economic perspective, an important entertainment option was created for
not only visitors, but local residents.
Implementation of the Schmitt Island Master Plan, which was adopted by the City in
2014 and amended in 2017, is important to the community. The amended lease will
equally distribute funds at the end of the year to the City of Dubuque (1/3), local non-
profits (1/3), and a newly created Schmitt Island Development fund (1/3). This is a
change from the current split, which is 50% to the City and 50% to local non -profits
These funds will help the master plan vision: Dubuque's gateway to entertainment and
the Mississippi; and mission: a connected island that welcomes visitors and community
to recreation, entertainment and the outdoors; progress forward.
With the ability this new lease provides to the DRA to implement the Schmitt Island
Master Plan, the Dubuque gaming and entertainment market will grow to the benefit of
all parties.
The spending of funds from the Schmitt Island Master Plan Implementation Fund shall
be in the discretion of a subcommittee or board (probably a new not -for -profit)
consisting of a minimum of six and maximum of twelve members. The makeup shall be
1/3 DRA Board Members, including at a minimum the CEO and Board Chair of the
DRA; 1/3 City Council representatives, including at a minimum the Mayor and City
Manager; and 1/3 at -large citizens, including at a minimum the Chair of the Schmitt
Island Master Plan Implementation Committee and the President and CEO of the
Greater Dubuque Development Corporation.
Dubuque is in competition with Illinois and Wisconsin for gaming and entertainment
dollars and this amended lease will make the Dubuque market more competitive
creating local jobs and benefitting both gaming facilities, local businesses and non-
profits.
Alex Dixon, President & CEO of the DRA, has said, "The DRA is committed now, more
than ever, to our mission of providing social, economic and community betterment and
lessening the burden of area government, while contributing to the growth and viability
of Dubuque area tourism. Implementing the Schmitt Island Master Plan will help
Dubuque become a premier regional tourist destination by enhancing our home on the
island and complementing all the other great destinations our community has to offer."
DRA revenue estimates show that 2022 will see a record amount of DRA funding going
to charities, under the following categories:
$4,000,000 annual distribution
$450,000 through resolution -based funding in the DRA operating budget
$150,000 investment returns distribution available to the DRA from the DRA
endowment
$75,000 from the DRA operating budget for community sponsorships
and donated items for charitable auctions.
$4,675,000 Total Estimated 2022 Dollars to Charity
The amended lease also provides the City additional annual lease revenues, with the
payment based on coin -in going from 1 % to 1.5%, a projected increase of $2.1 million in
2022 over 2021, to further lessen the burden of government. In addition to the lease
payments and annual tax payments of $240,000, the City will continue to receive an
annual distribution with the previous estimate for DRA distribution to the City in 2022
being $2,453,433 and the new estimate based on 2021 performance and this amended
lease being approximately $4 million.
The DRA needs to reinvest in facilities to maintain and enhance the ability of the
Dubuque market to compete against Illinois and Wisconsin for entertainment and
gaming expenditures. This lease maintains two key components of the current lease.
The DRA will continue to have a capital improvement program estimated at $2.5 million
per year to meet capital improvement needs, including replacement of slot machines.
The DRA will also continue to retain $500,000 per year into a Capital Reserve Fund to
invest in DRA facilities. The current balance of that account is $3 million. The previous
lease had a $5 million cap on the accumulation allowed in that account and that cap has
been eliminated.
This lease provides a new revenue source for the DRA to invest in facilities. The DRA
will begin annually retaining '/2 of 1 % of coin -in for that purpose and that is estimated at
over $2 million in 2022.
In the previous lease the DRA retained 5% of the amount of the annual operating
budget in reserve for cash flow purposes. That is increasing to 10%. The DRA also
has a hold back for slot machine fills and for cage costs, and that will continue.
The DRA no longer has an obligation to contribute $10,000 per month in a Depreciation
and Improvement Fund for facility maintenance. In August the property leased from the
City expands to include the land where the dog racing track and the dog kennels
currently exist. The approximately $800,000 balance in the Depreciation and
Improvement Fund will be used to remove all the dog related facilities from the property
with any remaining balance placed in the Schmitt Island Master Plan Implementation
Fund.
The current lease was set to expire on March 31, 2024. The new lease will expire on
December 31, 2036.
I would like to thank DRA President & CEO Alex Dixon, DRA Attorneys Davin Curtiss
and Tonya Trumm, City Attorney Crenna Brumwell and Senior Counsel Barry Lindahl
for successfully negotiating this amended lease.
City Attorney Crenna Brumwell and I respectfully recommend that this lease
amendment be placed on the January 3, 2022 City Council Agenda for a public hearing.
MCVM:jh
Attachment
Mic ael C. Van Milligen
3
cc: Senior Counsel Barry Lindahl
Cori Burbach, Assistant City Manager
Alex Dixon, DRA President & CEO
Kevin Lynch, DRA Board Chair
RESOLUTION NO.442-21
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY
OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND
DUBUQUE RACING ASSOCIATION, LTD
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally
described on Exhibit A and B attached hereto; and
Whereas, City and Dubuque Racing Association, Ltd. have tentatively agreed to
the Second Amended and Restated Lease Agreement, a copy of which is now on file at
the Office of the City Clerk, City Hall, 50 W. 13th St., Dubuque, IA 52001, for a lease of
the real property which among other things, provides for a term through December 31,
2036; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque
to approve the Second Amended and Restated 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 foregoing -
described real property by the Second Amended and Restated Lease Agreement
between City and Dubuque Racing Association.
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 by lease, to be
held on the 3rd day of January, 2022, at 6:30 o'clock p.m. at the Historic Federal Building,
Council Chambers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 20th day of December, 2021
Attest:
i
D i�L— J l
Roy D. Buol, Mayor
rr +� W:-. VW JWJ. m d
LEGAL DESCRIPTION — LEASED PREMISES
A part of the Southwest Quarter of Fractional Section 17 and part of the Southeast Quarter
of Fractional Section 18, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa, previously known as "Lease Area A", more particularly described as follows:
Commencing as a point of reference at the Southeast Corner of Southeast Quarter of
Fractional Section 18, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa;
Thence N01026'43" W 338.68 feet along the westerly line of said Southeast Quarter to a
point of intersection with the northerly right of way line of Greyhound Park Road, said
point being the point of beginning (this is an assumed bearing for this description only);
Thence N87°58'11" W 523.04 feet along said right of way to a point of curvature;
Thence northwesterly 390.04 feet along a 1489.15 foot radius curve concave northerly
(chord N80°27'58" W 388.93') continuing along said right of way to a point of tangency;
Thence N72° 57'45"W 97.09 feet continuing along said right of way to a point of
curvature;
Thence northwesterly 305.03 feet along a 2175.10 foot radius curve concave southerly
(chord N76°58'48"W 304.78 ft.) continuing along said right of way to a point of tangency;
Thence N80°59'51 "W 473.77 feet continuing along said right of way to a point of
curvature;
Thence southwesterly 317.30 feet along a 421.14 foot radius curve concave
southeasterly (chord S77°25'16" W 309.86 ft.) continuing along said right of way to a
point of non -tangency;
Thence N26°39'11" W
162.14 feet;
Thence N28°06'34" E
163.57 feet;
Thence N58°48'11" E
674.06 feet;
Thence N36°03'47" E
305.50 feet;
Thence N87°33'30" E
418.14 feet;
Thence S84°32'50" E
132.74 feet;
Thence S71°50'08" E
79.09 feet;
Thence S66°44'07" E
384.16 feet;
Thence S64°39'07" E
374.89 feet;
Thence S52003'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13°57'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00057'20" W 523.35 feet continuing along said right of way;
Thence S46°29'35"W 14.01 feet continuing along said right of way;
Thence N87058'11" W 9.10 feet along the northerly right of way line of Greyhound Park
Road to the point of beginning, said Lease Area A containing 36.235 acres, more or
less; and
A part of the Southeast Quarter of Fractional Section 18 and part of the Northeast Quarter
of Fractional Section 19, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa, previously known as "Lease Area B" more particularly described as follows:
Commencing as a point of reference at the Southeast Corner of Southeast Quarter of
Fractional Section 18, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa;
Thence S88037'17"W 2,573.92 feet along the southerly line of said Southeast Quarter to
a point of intersection with the westerly right of way line of Greyhound Park Road, said
point being the point of beginning of Lease Area B (this is an assumed bearing for this
description only);
Thence northeasterly 175.43 feet along a 466.90 foot radius curve concave northerly
(chord N30035'19"E 174.40 ft.) continuing along said right of way to a point of tangency;
Thence N41° 29'57"E 499.75 feet continuing along said right of way to a point of
curvature;
Thence northeasterly 101.55 feet along a 425.14 foot radius curve concave southeasterly
(chord N49°03'50"E 101.31 ft.) continuing along said right of way to a point of intersection
with the westerly line of Dubuque Racing Association Lease A;
Thence N26°39'11"W 2.02 feet continuing along said westerly line to a point two (2) feet
in perpendicular distance from the westerly right of way line of Greyhound Park Road;
Thence southwesterly 102.32 feet along a 427.14 foot radius curve concave
southeasterly (chord S49004'47"W 102.07 ft.) continuing along a line parallel to said right
of way;
Thence S41029'57"W 499.75 feet continuing along said parallel line to a point of
curvature;
Thence southwesterly 176.18 feet along a 468.90 foot radius curve concave
southeasterly (chord S30°35'20"W 175.15 ft.) continuing along said parallel line to a point
of tangency;
Thence S19°45'23"W 163.65 feet continuing along said parallel line;
Thence southeasterly 227.53 feet along a 254.57 foot radius curve concave northeasterly
(chord S9014'46"E 220.03 ft.) continuing along said parallel line;
Thence S34051'03"E 45.73 feet continuing along said parallel line;
Thence S12°41'43"W 35.04 feet to the northerly corner of an existing structure easement
as shown on the Plat of Survey recorded as Instrument No. 2009-18225 in the Office of
the Dubuque County Recorder;
Thence S30006'07"W 20.00 feet along the northwesterly line of said easement;
Thence S59°53'53"E 32.52 feet along the southwesterly line of said easement to a point
of intersection with the northerly right of way line of East 16t" Street;
Thence northwesterly 72.26 feet along a 75.00 foot radius curve concave westerly (chord
N7014'59"W 69.50 ft.) along the westerly right of way line of Greyhound Park Road;
Thence N34051'03"W 45.73 feet along said right of way line;
Thence northwesterly 225.70 feet along a 252.57 foot radius curve concave easterly
(chord N9014'46"W 218.30 ft.) continuing along said right of way line;
Thence N19°45'23"W 163.65 feet continuing along said right of way line to the point of
beginning, said Lease Area B containing 0.062 acres, more or less.
Excepting therefrom the following area (Exception 1):
A parcel of land lying within the Southeast Quarter of Fractional Section 18, Township 89
North, Range 3 East of the 5th Principal Meridian, Dubuque County, Iowa, previously
known as "Dubuque Casino Hotel, L.L.C. Lease Area", more particularly described as
follows:
Commencing at the Southeast corner of said Fractional Section 18 (the South line of the
Southeast Quarter of Fractional Section 18 bears North 88 degrees 37 minutes 17
seconds East for the purposes of this description);
Thence North 51 degrees 42 minutes 10 seconds West, 1642.95 feet, to the point of
beginning;
Thence North 64 degrees 38 minutes 50 seconds West, 98.25 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 85.67 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 27.46 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 51.08 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 22.29 feet;
Thence Northeasterly, 45.81 feet along the arc of a circular curve concave to the
Southeast, having a radius of 25.00 feet, a central angle of 104 degrees 58 minutes 10
seconds, and whose chord bears North 25 degrees 21 minutes 10 seconds East, 39.67
feet;
Thence South 64 degrees 38 minutes 50 seconds East, 22.29 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 92.33 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 70.00 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 44.67 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 213.83 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 102.00 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 118.56 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 17.42 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 182.81 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 59.75 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 38.17 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 41.33 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 24.17 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 41.33 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 38.17 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 52.35 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 48.29 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 97.26 feet, to the point of
beginning.
Said Exception 1 containing 1.317 acres (57,364 square feet), more or less.
Also excepting therefrom the following area (Exception 2):
A part of the Southwest Quarter of Fractional Section 17 and part of the Southeast Quarter
of Fractional Section 18, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa, previously known as "Iowa Greyhound Association Lease Area", more
particularly described as follows:
Commencing as a point of reference at the Southeast Corner of Southeast Quarter of
Fractional Section 18, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa;
Thence N01°26'43" W 338.68 feet along the westerly line of said Southeast Quarter to a
point of intersection with the northerly right of way line of Greyhound Park Road, (this is
an assumed bearing for this description only);
Thence N87°58'11" W 523.04 feet along said right of way to a point of curvature;
Thence northwesterly 390.04 feet along a 1489.15 foot radius curve concave northerly
(chord N80°27'58" W 388.93') continuing along said right of way to a point of tangency;
Thence N72° 57'45"W 97.09 feet continuing along said right of way to a point of
curvature;
Thence northwesterly 305.03 feet along a 2175.10 foot radius curve concave southerly
(chord N76°58'48"W 304.78 ft.) continuing along said right of way to a point of tangency;
Thence N80°59'51 "W 473.77 feet continuing along said right of way to a point of
curvature;
Thence southwesterly 317.30 feet along a 421.14 foot radius curve concave
southeasterly (chord S77025'16" W 309.86 ft.) continuing along said right of way to a
point of non -tangency;
Thence N26°39'11" W
162.14 feet;
Thence N28°06'34" E
163.57 feet;
Thence N58°48'11" E
674.06 feet;
Thence N36003'47" E
305.50 feet;
Thence N87033'30" E
Thence S84032'50" E
Thence S84032'50" E
Thence S71050'08" E
Thence S66044'07" E
Thence S64039'07" E
418.14 feet;
4.78 feet to the point of beginning;
127.97;
79.09 feet;
384.16 feet;
374.89 feet;
Thence S52003'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13057'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00°57'20" W 114.43 feet continuing along said right of way;
Thence N 65°29'54" W
131.35 feet along the centerline of an existing driveway;
Thence S 24015'59" W
8.46 feet;
Thence N 64006'04" W
139.48 feet along an existing curb line;
Thence S 25' 12'45" W
22.26 feet;
Thence N 66°47'45" W
37.80 feet;
Thence N 24028'45" E
4.47 feet;
Thence N 65039'31" W
25.88 feet;
Thence S 25°33'59" W
147.19 feet;
Thence N 65'09'17" W
72.72 feet along an existing fence line;
Thence N 25°54'13" E
38.56 feet;
Thence N 64'57'11" W
555.83 feet along an existing building line and fence line;
Thence N 14° 12'59" E
32.91 feet;
Thence N 25°33'18" E
23.03 feet;
Thence N 61°31'32" W
21.16 feet;
Thence N 26°40'38" E
198.60 feet along an existing fence line;
to the point of beginning, containing 8.016 acres, more or less.
Excepting therefrom the following:
Commencing at the previous point of beginning
Thence S84°32'50" E 132.74;
Thence S71°50'08" E 79.09 feet;
Thence S66°44'07" E 384.16 feet;
Thence S64°39'07" E 374.89 feet;
Thence S52°03'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13°57'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00057'20" W 114.43 feet continuing along said right of way;
Thence N 65°29'54" W
131.35 feet along the centerline of an existing driveway;
Thence S 24' 15'59" W
8.46 feet;
Thence N 64°06'04" E
139.48 feet along an existing curb line;
Thence N 06°38'39" W
115.97 feet to the point of beginning of this exception;
Thence N 24014'23" W
48.61 feet;
Thence N 65045'38" W
56.04 feet;
Thence S 24014'21 " E
48.61 feet;
Thence S 65045'39" E
56.04 feet to the point of beginning, containing 0.063 acres,
more or less;
Said Exception 2 containing approximately 7.953 acres, more or less.
The above -described LEASED PREMISES is as shown on Exhibit A and contains
approximately 27.027 acres, more or less (Lease Area A 36.235 acres and Lease Area
B 0.062 acres, less Exception 1 1.317 acres and Exception 2 7.953 acres), and is subject
to easements of record and not of record.
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LEGAL DESCRIPTION — ADDITIONAL PREMISES
A part of the Southwest Quarter of Fractional Section 17 and part of the Southeast Quarter
of Fractional Section 18, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa, previously known as "Iowa Greyhound Association Lease Area", more
particularly described as follows:
Commencing as a point of reference at the Southeast Corner of Southeast Quarter of
Fractional Section 18, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa;
Thence N01026'43" W 338.68 feet along the westerly line of said Southeast Quarter to a
point of intersection with the northerly right of way line of Greyhound Park Road, (this is
an assumed bearing for this description only);
Thence N87°58'11" W 523.04 feet along said right of way to a point of curvature;
Thence northwesterly 390.04 feet along a 1489.15 foot radius curve concave northerly
(chord N80°27'58" W 388.93') continuing along said right of way to a point of tangency;
Thence N720 57'45"W 97.09 feet continuing along said right of way to a point of
curvature;
Thence northwesterly 305.03 feet along a 2175.10 foot radius curve concave southerly
(chord N76°58'48"W 304.78 ft.) continuing along said right of way to a point of tangency;
Thence N80°59'51 "W 473.77 feet continuing along said right of way to a point of
curvature;
Thence southwesterly 317.30 feet along a 421.14 foot radius curve concave
southeasterly (chord S77°25'16" W 309.86 ft.) continuing along said right of way to a
point of non -tangency;
Thence N26°39'11" W
Thence N28°06'34" E
Thence N58°48'11" E
Thence N36°03'47" E
Thence N87°33'30" E
Thence S84°32'50" E
Thence S84°32'50" E
Thence S71°50'08" E
Thence S66°44'07" E
Thence S64°39'07" E
162.14 feet;
163.57 feet;
674.06 feet;
305.50 feet;
418.14 feet;
4.78 feet to the point of beginning;
127.97-1
79.09 feet;
384.16 feet;
374.89 feet;
Thence S52003'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13°57'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00057'20" W 114.43 feet continuing along said right of way;
Thence N 65029'54" W
131.35 feet along the centerline of an existing driveway;
Thence S 24015'59" W
8.46 feet;
Thence N 64006'04" W
139.48 feet along an existing curb line;
Thence S 25' 12'45" W
22.26 feet;
Thence N 66°47'45" W
37.80 feet;
Thence N 24°28'45" E
4.47 feet;
Thence N 65°39'31" W
25.88 feet;
Thence S 25°33'59" W
147.19 feet;
Thence N 65'09'17" W
72.72 feet along an existing fence line;
Thence N 25054'13" E
38.56 feet;
Thence N 64057'11" W
555.83 feet along an existing building line and fence line;
Thence N 14° 12'59" E
32.91 feet;
Thence N 25°33'18" E
23.03 feet;
Thence N 61°31'32" W
21.16 feet;
Thence N 26°40'38" E
198.60 feet along an existing fence line;
to the point of beginning, containing 8.016 acres, more or less.
Excepting therefrom the following:
Commencing at the previous point of beginning
Thence S84°32'50" E 132.74;
Thence S71°50'08" E 79.09 feet;
Thence S66°44'07" E 384.16 feet;
Thence S64°39'07" E 374.89 feet;
Thence S52°03'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13057'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00°57'20" W 114.43 feet continuing along said right of way;
Thence N 65°29'54" W 131.35 feet along the centerline of an existing driveway;
Thence S 24" 15'59" W 8.46 feet;
Thence N 64°06'04" E 139.48 feet along an existing curb line;
Thence N 06038'39" W 115.97 feet to the point of beginning of this exception;
Thence N 24014'23" W 48.61 feet;
Thence N 65145'38" W 56.04 feet;
Thence S 24014'21 " E 48.61 feet;
Thence S 65045'39" E 56.04 feet to the point of beginning, containing 0.063 acres,
more or less;
The above -described ADDITIONAL PREMISES is as shown on Exhibit B and
contains approximately 7.953 acres, more or less, and is subject to easements of
record and not of record.
SECOND AMENDED AND RESTATED
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE RACING ASSOCIATION, LTD.
This Second Amended and Restated Lease Agreement (this "Lease") is dated for reference
purposes as of the 14th day of December 2021, and is by and between the City of Dubuque, Iowa,
a municipal corporation ("Oty"), and Dubuque Racing Association, Ltd., an Iowa nonprofit
corporation ("Association").
WHEREAS, on September 4, 1984, City and Association entered into a Lease Agreement
under which City, as lessor, leased to Association, as lessee, a parcel of land on Chaplain Schmitt
Memorial Island (the "1984 Lease");
WHEREAS, on February 28, 1990, City, as lessor, and Association, as lessee, entered into
a Lease for certain real property in the Ice Harbor covering the dock site and portions of the
surrounding area (the "1990 Lease");
WHEREAS, the 1984 Lease and the 1990 Lease were subsequently combined into one
lease agreement, which combined lease was thereafter amended (the "Combined Lease");
WHEREAS, City and Association entered into an Amended and Restated Lease
Agreement dated March 31, 2004, pursuant to which the Combined Lease was amended and
restated as provided therein, and which was subsequently amended on seven (7) separate occasions
(as so amended, the "First Restated Lease"); and
WHEREAS, City and Association now desire to amend and restate the First Restated Lease
in its entirety in order to (i) amend certain terms and provisions thereof, (ii) consolidate all prior
amendments to the First Restated Lease into one and the same document, in each case, to the extent
such provisions are still applicable, and (ii) delete the provisions of the First Restated Lease that
are no longer applicable.
NOW, THEREFORE, City and Association, in consideration of the mutual covenants and
conditions hereinafter set forth, agree as follows:
l . Term of Lease. The term of this Lease shall commence on 12:01 a.m. on January
1, 2022, and terminate at 11:59 p.m. on December 31, 2036.
2. Leased Premises.
(a) City agrees to lease to Association, and Association agrees to lease from City,
the real estate described on attached Exhibit A (hereinafter, the "Leased Premises")
beginning January 1, 2022. The Leased Premises includes the Q Casino. The Association
may grant utility easements for the purpose of obtaining utility services to the facilities
located on the Leased Premises and Additional Premises, provided that such easements
shall only be granted with the written consent of the City.
(b) City agrees to lease to Association, and Association agrees to lease from City,
the real estate described on attached Exhibit B (hereinafter, the "Additional Premises")
beginning at 12:01 a.m. on August 1, 2022. The Association may grant utility easements
for the purpose of obtaining utility services to the facilities located on the Leased Premises
and Additional Premises, provided that such easements shall only be granted with the
written consent of the City.
3. Rental. For each month during the term of this Lease, Association shall pay City
the sum of the following amounts as monthly rent hereunder:
(a) an amount equal to one and one-half percent (1.5%) of slot coin -in from slot
machines and video machines which simulate table games of chance beginning with the
December 2021 performance payable in January 2022 and each month thereafter;
(b) an amount equal to four and eight -tenths percent (4.8%) of the table game
adjusted gross receipts (amounts actually wagered at table games less winnings paid to
wagerers) for table games conducted at Q Casino for such month;
(c) an amount equal to one-half of one percent (0.50%) of monthly sports
wagering conducted on Q Sportsbook retail or Q advance deposit sports wagering internet
site ("ADSW") (or any successor/replacement sports wagering internet site owned and
operated by Association) for such month; and
Such payments shall be due on the tenth (IOth) day of the following month. City shall
expend such funds by erecting or maintaining public buildings or works, or otherwise lessening
the burden of government in accordance with and as contemplated by Iowa Code Section
99B.1(14), as amended. Notwithstanding the foregoing, however, City shall not be limited in any
manner from the issuance of debt to fund capital improvements for other purposes or from using
other revenue sources, required to be dedicated to capital improvements, to fund the capital
improvement budget. All rent payments shall be used by City exclusively for the promotion of
social welfare under IRC §501(c)(4), or otherwise lessening the burden of government.
4. Depreciation and Improvement Fund. Pursuant to the terms of the Restated First
Lease, Association deposited $10,000.00 per month into a Depreciation and Improvement Fund
previously established with the City (the "Depreciation and Improvement Fund"), which monies
on deposit therein are the sole property of Association. Effective as of January 1, 2022,
Association's obligation or opportunity to deposit funds into the Depreciation and Improvement
Fund shall cease, and the balance of the Depreciation and Improvement Fund shall be used by
Association to pay for costs and expenses related to the removal of any structures, including any
necessary environmental remediation, equipment, furniture, furnishings, and other personal
property of Iowa Greyhound Association and/or its vendors, suppliers and contract partners
remaining on the Additional Premises following the termination of that certain Sublease
Agreement as amended, between Association and Iowa Greyhound Association and that certain
Lease Agreement, as amended, between City and Iowa Greyhound Association, together with any
costs and expenses incurred by Association in connection with preparing and readying that portion
of the Leased Premises formerly occupied by Iowa Greyhound Association for Association's
operations. Said removal of any structures, including any necessary environmental remediation,
equipment, furniture, furnishings, and other personal property of Iowa Greyhound Association
and/or its vendors, suppliers and contract partners remaining on the Additional Premises shall
occur by December 31, 2023.
Any interest accruing on the balance in the Depreciation and Improvement Fund shall be
deposited to the Depreciation and Improvement Fund and shall be available to and expended by
Association as provided above.
Any funds, if any, remaining in the Deprecation and Improvement Fund following removal
of the structures, including necessary environmental remediation, equipment, furniture,
furnishings, and other personal property of the Iowa Greyhound Association and/or its vendors,
suppliers and contract partners shall be deposited into the Schmitt Island Master Plan
Implementation Fund no later than June 30, 2024.
5. Sufficiency. City's acceptance of rent and required distributions shall
not be an admission of the sufficiency of any such payments nor the accuracy of any statement
furnished by Association. All such payments shall be received subject to the audit to be provided
by Association to City
6. Nontransferability of Lease. This Lease shall be a privilege to be held for the benefit
of the public by Association. This Lease shall not, in any event, be transferred, assigned, sold,
leased, or disposed of, in whole or in part, by means, without the prior written consent of City
expressed by a resolution duly passed by the City Council of the City of Dubuque and then only
under such conditions as the City Council may establish.
7. Use of Leased Premises. Association warrants that it is validly existing and in good
standing under the laws of the State of Iowa as a nonprofit organization. Association warrants that
it has the necessary authority to operate its businesses in the State of Iowa.
The Leased Premises shall be used by Association for the sole purpose of conducting dog
racing until such time as dog racing ceases at Q Casino, gambling games and other entertainment
activities in accordance with the terms and conditions of the license granted Association by the
Iowa Racing and Gaming Commission unless, prior to the use of the Leased Premises by
Association for any other purpose, Association obtains the written consent of City with respect to
such alternate use. Use for the purpose of this paragraph shall not mean individual events
associated with a particular type of use. In any event, the use of Q Casino by Association for any
purpose other than dog racing and gambling games shall not constitute more than five percent
(5%) of the total use of Q Casino, measured by the greater of either the amount of revenues
generated by the alternate use compared to the total revenues generated by Q Casino or the amount
of time used by the alternate use compared to the total amount of time Q Casino is used.
Association agrees that it will at all times hold the Leased Premises and Additional
Premises available for use by the general public without regard to membership in the protected
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classes covered by Title 8 of the city code, as amended. However, Association may prepare and
promulgate rules for the purpose of regulating the admission of persons into Q Casino and for the
further purpose of regulating the conduct of persons admitted to Q Casino, which rules shall be
consistent with the regulations of the Iowa Racing and Gaming Commission.
8. License to Operate. Association shall maintain a valid pari-mutuel license to
conduct dog racing, until such time as dog racing ceases at Q Casino, as long as such license is
required by the Iowa Racing and Gaming Commission, to conduct gambling games and a valid
license to conduct gambling games as issued by the Iowa Racing and Gaming Commission and
shall make timely application, together with the appropriate documentation, for the renewal of any
such licenses as they expire from time to time. City shall provide, on a timely basis, any and all
information within its control necessary to sustain the licenses or to secure renewals thereof.
9. Inspection of Premises. An authorized representative of City, as designated in
writing by its City Manager, shall have the right to enter and have access to the Leased Premises
and Additional Premises, whether or not events are in operation, at all reasonable times and for
any reasonable purposes, in furtherance of City's responsibility to the public for the operation of
the Leased Premises and Additional Premises, as long as such entrances do not unreasonably
interfere with Association's right to quiet occupancy. Q Casino entrances shall be subject to the
rules of the Iowa Racing and Gaming Commission. The authorized representative shall advise
Association's President. and CEO of such representative's presence upon arrival at the Leased
Premises and Additional Premises.
10. Maintenance of Facility. Association agrees that, at all times during the Lease term,
Association shall, at its own expense, maintain, preserve, and keep the Leased Premises and
Additional Premises in good repair, working order and condition.
11. Alldritt Lure System. The construction of the Leased Premises and Additional
Premises required the installation of a lure system purchased by City. For so long as the lure system
is utilized at Q Casino, Association shall pay, as required by the supplier, rental payments for the
use of the lure system and all costs associated with the maintenance and repair of the lure system.
12. Propegy Taxes. Association shall pay all property taxes, both real and personal,
before they shall become delinquent, and which may be levied and assessed against the Leased
Premises and Additional Premises. City shall not oppose any application filed by Association for
exemption from the payment of property taxes, both real and personal.
In the event Association pays real estate taxes levied and assessed against the Q Casino,
the portion of the real estate taxes paid which is attributable exclusively to the City are deductible
from the next due rental payments as set forth in paragraph 3 of this Lease.
13. Alterations. Association shall not commence alterations to any structure or
structures or make additions to any existing structures or facilities in an amount exceeding One -
Hundred Thousand dollars ($100,000) without the prior written approval of the plans and
specifications by City.
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Any improvements, modifications or additions to the Leased Premises or Additional
Premises wheresoever located or however financed shall become part of the real estate and owned
by City. City consent is not required for any items in Association's CIP budget except for
improvements to the Leased Premises and Additional Premises costing over $100,000, or for
capital improvements to be financed by incurring debt. City consent is not required for Association
expenditures for ongoing replacement of slot machines and other video games, or for equipment
replacement in the normal course of business. Association shall expend all of its reserve funds
(except for the Cash Reserve Fund (as defined in Section 22(a)(ii) hereof) prior to using any other
funds for capital improvements.
14. Security and Traffic Control. Association shall provide an internal security force
sufficient in numbers to maintain the integrity of Q Casino and all of its operations. Association
may, in its sole discretion, supplement DRA's security force at Q Casino with a City of Dubuque
uniformed police officer (or, if a uniformed police officer is not available, a uniformed Dubuque
County Sheriff deputy peace officer) at such times as it deems appropriate. The determination of
the days and hours, if any, during which Association shall supplement its security force with a
uniformed City or County peace officers shall be in the sole discretion of Association. For such
services of City for County peace officers, Association shall reimburse City at the rates established
by City. City shall be responsible for all billings and payments to Deputies. Selection and
responsibilities of such officers shall be by mutual consent of City Police Department and
Association.
Association shall reimburse City for any and all expenses incurred by City to maintain
traffic control for the safe ingress and egress of the public to the Leased Premises and Additional
Premises, including but not limited to staff salaries and traffic lane control devices, but excluding
any traffic signal installation. Decisions concerning traffic control measures needed to comply
with the intent of this paragraph shall be by mutual consent of City and Association.
15. Liability Insurance and Indemnification. Association shall defend, indemnify and
hold City, its officers, employees and agents, harmless from and against any and all claims, suits,
actions, penalties, damages and causes of action of any kind arising during the term of this Lease,
including but not limited to costs, reasonable attorney fees, expenses and liabilities incurred by
City in and about such claim, suit, action, penalty, damage or cause of action, the investigation
thereof, or the defense of any action or proceeding brought thereon, as a result of any operations
occurring at the Leased Premises and Additional Premises, including the operation of Q Casino;
arising out of any violation of the license granted by the Iowa Racing and Gaming Commission;
for the failure by Association to keep, maintain and abide by each and every covenant of this Lease
on its part to be kept and performed; or as a result of any negligence, act, error or omission of
Association, its employees or agents, or third party contractors; provided, however, that
notwithstanding the foregoing, Association shall not be required to provide such defense and
indemnification with respect to any claims, suits, actions, penalties, damages and/or causes of
action stemming from any action or omission taken by Association with the full knowledge and
express consent of City.
5
Association shall maintain, throughout the term of this Lease, liability insurance as set forth
in City's standard Insurance Schedule for Lessees of City Property, as such schedule may from
time to time be amended.
16. Other Insurance. During the term of this Lease, Association shall purchase and
maintain property insurance coverages in companies licensed to do business in the State of Iowa
with an A.M. Best rating of "A" or better and with a financial size category rating of "FSC VIII".
The City of Dubuque shall be included as a named insured. Coverage shall be provided on the
following basis:
(a) Blanket coverage for buildings and contents, with an amount equal to at
least 90% of the insurable replacement value. Such insurable value shall be determined
annually by a qualified appraiser. For purposes of this paragraph, additions, improvements,
fixtures, trade fixtures, machinery, and equipment attached or unattached to a building shall
be included in determining the total insurable value.
(b) Coverage shall be provided on an "all risk" coverage that is at least as broad
as is provided by the ISO "Special Causes of Loss Form".
(c) All coverages should be provided on a replacement cost basis.
(d) An Agreed Value Endorsement shall be attached to the policy, subject to
annual agreed statements of values. The Agreed Value Endorsement shall waive the
coinsurance.
(e) In the event of new construction, coverages shall be provided on as broad,
or a broader, basis than those indicated above, with the amount of insurance to be equal to
the completed value of the new construction.
(f) All policies shall be endorsed to provide a thirty -day advanced notice of
cancellation, material change, or non -renewal of any coverage.
(g) Coverage should include Ordinance/Law Coverage (the equivalent of ISO
endorsement CP0405), which covers:
(i) Increased cost of construction from operation of building codes,
(ii) Demolition costs, and
(iii) Contingent liability from operation of building codes.
(h) Coverage should also include:
(i) Back-up of sewers and drains,
(ii) Personal property of employees,
(iii) Property in transit,
(iv) Computer equipment, including data and media, and
(v) Equipment Breakdown (Boiler & Machinery).
0
(i) Business Income and Extra Expense
(i) The business income limit shall be;
(A) Net income (net profit or loss before income taxes) that
would have been earned or incurred; and continuing normal
operating expenses incurred, including payroll.
(B) Extra Expense limit shall be the necessary expenses incurred
during the period of restoration that would not have been
incurred if there had been no physical loss to the insured
property caused by a covered loss.
(ii) Coverage shall include an unlimited extended period of indemnity.
(iii) Coverage shall be on an agreed amount basis.
(iv) During any period of business interruption, and to the extent of the
amounts and limits of coverage afforded by Association's business
interruption coverages, Association shall continue to make all
payments required by this Lease based upon the average monthly
rentals for the six-month period prior to the commencement of the
interruption, including but not limited to rent, taxes, and
distributions.
A cancellation or lapse of such policy without an immediate approved replacement shall be a
material violation of this Lease.
17. Waiver of Subrogation. City and Association mutually release the other from
liability and waive all right of recovery against the other for any loss of or damage to the property
of each, including earnings derived therefrom, caused by or resulting from fire, casualty or any
other peril insured against and for which proceeds are payable under any insurance policies
maintained by the parties hereto, regardless of the cause of such loss or damage and even though
it results from some act or negligence of either party hereto, or one of the party's agents,
employees, customers or representatives. All fire and extended coverage insurance policies shall
carry an endorsement wherein the insurance company waives any and all right of subrogation
against either parry to this Lease by reason of any such fire, casualty or other peril insured against
and for which proceeds are payable.
18. Termination. Either City or Association may terminate this Lease whenever the
other party has failed to comply with a material condition of this Lease, provided the non -
defaulting parry has provided written notice of default as provided herein.
The written notice of default delivered to the defaulting party shall specify the default and
state that this Lease shall be terminated and forfeited sixty (60) days after the date of such notice
unless such default is remedied within that sixty (60) day period.
Upon receipt of notice of termination by either parry, neither party shall incur new
obligations for the terminated portion of the Lease after the effective date of the termination and
shall cancel as many outstanding obligations as possible.
19. Records, Reports and Filings. Association shall maintain, or cause to be
maintained, accurate and proper books of record showing complete and current entries of all
transactions relating to the operation of the Leased Premises and Additional Premises. Such
records shall be fully substantiated with documentation sufficient to satisfy standards for certified
audits.
Copies of all petitions, applications or communications submitted by Association to any
state regulatory commission or agency having jurisdiction in respect to any matters affecting the
Leased Premises and Additional Premises operations or the financial records thereof shall be
submitted simultaneously to the City Manager.
Representatives of City shall have the right to inspect such records, accounts, and books
upon written request by the City Manager.
20. Annual Reports. Association shall file, no later than March 31 of each year, with
the City Clerk, two copies of an audit of the financial records of Association, prepared by an
independent certified public accountant, showing all receipts and disbursements, together with the
comments of the auditor concerning whether the books and records are being kept in compliance
with this Lease, regulations of the State of Iowa, and in accordance with recognized accounting
practices.
21. Conflict of Interest. City agrees that no officer, employee of City, or member of the
governing body of City who exercises or has exercised any functions of responsibility with respect
to Association and/or the Leased Premises or Additional Premises shall have any interest, direct
or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in
connection with the Leased Premises or Additional Premises or in any activity or benefit therefrom
which is part of this project at any time during such person's tenure or for a period of one year
thereafter, subject to the exceptions outlined in Iowa Code §362.5, as amended.
Association agrees that no member or officer who exercises or has exercised any functions
of responsibility with respect to Association and/or Q Casino shall have any interest, direct or
indirect, in any contract or subcontract, or the proceeds thereof, in connection with any contracts
awarded by Association or City for work to be performed or services to be provided to Association
or City in connection with Q Casino at any time during such person's tenure, subject to the
exceptions outlined in Iowa Code §362.5, as amended.
22. Distribution of Net Cash Proceeds.
(a) Net Cash Remaining (as hereinafter defined) will be allocated at the end of
each fiscal year for distribution as follows:
(i) one-third (1/3,d) to City;
(ii) one-third (1/3rd) to charitable or non-profit recipients, and/or
allocated to Association accounts for use in advancing Association's non-profit
purposes in the discretion of Association's board of directors (hereinafter referred
to as the "Charitable Distribution Amount"); and
(iii) one-third (1/3`d) to the Schmitt Island Master Plan Implementation
Fund (as hereinafter defined) (the "Schmitt Island Distribution Amount").
(b) Association shall distribute City's share of Net Cash Remaining pursuant to
subparagraph 22(a)(i) at the end of each of fiscal year no later than the January 31 following
the end of each such fiscal year, or another date as mutually agreed upon by the parties.
City shall use funds distributed to City under this subparagraph 22(b) in the same manner
and for the same purposes that City is authorized to use rent payments under Paragraph 3
of this Lease.
(c) Association shall distribute the Charitable Distribution Amount pursuant to
subparagraph 22(a)(ii) no later than the December 31 St following the end of each such fiscal
year (however, Association shall use reasonable efforts to make such distribution before
September lst following the end of such fiscal year, or another date as mutually agreed
upon by the parties as follows:
(i) the first $1,000,000.00 of the Charitable Distribution Amount shall
be allocated to Association's Grants Program.
(ii) the next $428,571.43 of the Charitable Distribution Amount shall be
allocated to the Endowment Fund.
(iii) if the Charitable Distribution Amount exceeds $1,428,571.43, the
amount by which the Charitable Distribution Amount exceeds $1,428,571.43 will
be split, with 30% distributed to the Endowment Fund and 70% to be retained by
Association for its charitable and nonprofit distributions (including but not limited
to Association's Grants Program, and, in Association's sole discretion other
dedicated funds which Association may establish from time to time).
(d) Association shall distribute the Schmitt Island Distribution Amount
pursuant to subparagraph 22(a)(iii) no later than the December 3 1 " following the end of
each such fiscal year (however, Association shall use reasonable efforts to make such
distribution before September lst following the end of such fiscal year) or another date as
mutually agreed upon by the parties, to the Schmitt Island Master Plan Implementation
Fund.
(e) For purposes of this Lease including, without limitation, this paragraph 22,
the following terms have the following meetings:
01
"Endowment Fund" means the irrevocable permanent endowment
established by Association in 2009 at the Community Foundation of Greater
Dubuque where the principal is invested, and only a portion of the investment
earnings is spent and the rest of the earnings are directed back into the Endowment
Fund, so that the endowment grows over time. The portion of the Endowment
Fund's investment earnings that is permitted to be spent, and is not directed back
into the Endowment Fund, shall be available for distribution to other charitable and
non-profit recipients and distributed in the discretion of Association's board of
directors.
"Fiscal Year" means the Association's fiscal year.
"Net Cash Remaining" means, for each fiscal year, Association's net cash
remaining after payment of the following expenses:
(i) operational expenses and expenses for normal replacement
items;
(ii) provision for (A) operating funds, (B) capital improvements,
and (C) a cash reserve fund not to exceed ten percent (10%) of Association's
total budget for the following fiscal year (the "Cash Reserve Fund"), which
is calculated each year and is not cumulative; provided, however, that
notwithstanding the foregoing, and solely for purposes of calculating the
distribution for fiscal year 2021, the foregoing percentage shall be five
percent (5%) instead of ten percent (10%). Monies deposited in the Cash
Reserve Fund, together with any interest accrued thereon, are the sole
property of Association and shall be designated for the sole purpose of
maintaining a cash balance for Association to be used by Association as
needed to fund its operations. Monies deposited in the Cash Reserve Fund
are the sole property of Association and shall be designated for the sole
purpose of maintaining a cash balance for Association to be used by
Association as needed to fund its operations. Any interest accruing on the
balance in the Cash Reserve Fund shall also be available to Association to
fund operations;
(iii) required debt service payments (including prepayment of
debt, upon Board approval and City consent) for debt incurred with the
consent of City and for activities pursuant to Iowa Code Chapters 99D and
99F;
(iv) distributions to charities or non-profit entities from
operational funds, not to exceed the greater of Four Hundred Fifty Thousand
Dollars ($450,000.00) or sixty-five (65) basis points (0.0065) of
Association's adjusted gross receipts from all gambling games (slots and
table games);
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(v) funds which Association is required to provide as collateral
or otherwise for purposes of obtaining and securing any bond required by
the Iowa Racing and Gaming Commission pursuant to Iowa Code Section
99D.10 (1995); and
(vi) payment into a capital reserve fund (the "Capital Reserve
Fund"), subject to a maximum annual payment of Five Hundred Thousand
($500,000) for use in funding future capital improvements or gambling
devices (including but not limited to gaming devices and necessary
hardware and/or software relating to the installation or operation of such
gaming devices) in the discretion of Association's board of directors.
"Schmitt Island Master Plan Implementation Fund" means a fund to be
established and held in a separate Association account or by an organization
approved by the Association into which fund the Schmitt Island Distribution
Amount shall be deposited each fiscal year. The monies held in the Schmitt Island
Master Plan Implementation Fund, together with all interest thereon, shall be used
solely to advance, pay for, and/or finance/fund any of the permitted purposes,
activities and/or developments contemplated by the Chaplain Schmitt Island Master
Plan adopted by Dubuque City Council, as amended and as the same may be further
amended, modified, and/or restated from time to time. The spending and
distribution of funds from the Schmitt Island Master Plan Implementation Fund,
which shall be solely for the purposes described above, shall in the discretion of a
subcommittee or board consisting of a minimum of six (6) and a maximum of
twelve (12) members. The total number of members shall be divisible by three (3).
The makeup of the subcommittee or board shall be, (i) one-third Association board
members, including at a minimum the CEO and DRA Board Chair, (ii) one-third
city council representatives, including at a minimum the Mayor and City Manager,
(iii) one-third at -large citizens, including at a minimum the Chair of the Schmitt
Island Master Plan Implementation Committee, and the President and CEO of the
Greater Dubuque Development Corporation.
23. Representation. Association shall reserve three positions on its Board of Directors
for City Council members as appointed by the City Council in consultation with Association and
one position on its Board of Directors for the City Manager or the City Manager's designee. Each
of the appointments is subject to removal by Association in the event of failure to comply with the
resolutions and bylaws of Association.
Association shall reserve on its Executive Committee, or its governing committee by
whatever name such committee is designated, one position for the City Manager.
24. Public Purpose. City has determined that the operation of Q Casino accomplishes a
public purpose by promoting community development and tourism for the civic betterment and
11
social welfare of the City of Dubuque. Association has been designated by City as an appropriate
nonprofit entity to further and advance such purpose. Both parties acknowledge that Association's
primary purpose in the operation of its businesses is to promote such community development,
tourism, civic betterment, and social welfare for the benefit of the City of Dubuque and its citizens.
25. Nature of Relationship. The relationship created in this Lease is a landlord -tenant
relationship, and each party shall be liable for its own action and shall hold the other harmless
from any liability arising from the action of it or its agents or employees.
26. Compliance with Applicable Laws. Association, in the operation and management
of its businesses, shall comply with all applicable federal, state, and local laws, ordinances and
regulations. The parties shall comply with all applicable local, state and federal laws or regulations
relating to this Lease and/or the Leased Premises or Additional Premises.
27. Protection of Association Property. City acknowledges that property, both real and
personal, owned or under the control of Association is entitled to all protection provided for by
law for the protection of private property even if located on public land unless otherwise specified
herein.
28. Notice. Both City and Association shall give prompt notice in writing to the other
party of any adverse development, financial or otherwise, which would materially affect the
operation of Q Casino.
29. Right of Intervention. City and Association shall have the right of intervention in
any suit or judicial or regulatory proceeding to which the other is a party and which may affect the
rights of either party. Neither City nor Association shall oppose any such intervention.
30. Discrimination. In carrying out all of its activities, Association shall not
discriminate against any employee or applicant for employment because of the protected classes
covered by Title 8 of the city code, as amended. Association shall take affirmative action to assure
that applicants for employment are employed and that employees are treated during employment
without regard to their membership in a protected class, as outlined in Title 8 of the city code, as
amended. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer; rates of pay or other forms of compensation; and selection for training,
including apprenticeships. Association shall post notices setting forth the provisions of this
nondiscrimination clause on employee bulletin boards. The notices shall state that all qualified
applicants will receive consideration for employment with regard to the protected classes covered
by Title 8 of the city code, as amended.
Association agrees and will undertake whatever affirmative measures are necessary so that
no person shall, on the grounds of the protected classes covered by Title 8 of the city code, as
amended, be excluded from participation in, denied the benefits of, or be subjected to
discrimination under any program or activity associated with operation of Q Casino or any other
operation on the Leased Premises and Additional Premises.
12
Association further agrees that these nondiscrimination provisions shall be incorporated
into any and all third -party contracts.
31. Amendments. This Lease may be modified or amended, in writing, following
proper authorization by each party's governing body. This Lease may not be amended or modified
by oral agreement or understanding between the parties unless the same shall be in writing, duly
approved, and executed by both parties. Notwithstanding the foregoing, the City and the
Association shall enter into an amendment to this Lease to the extent necessary:
(a) to conform with a change in federal or state law or regulation, administrative ruling
or judicial decision; and/or
(b) to comply with any requirements of Iowa law and the Iowa Racing and Gaming
Commission, including all matters required in order to obtain, maintain, and renew the appropriate
licenses required by state law.
32. Severability. If any provisions of this Lease or any application thereof to any person
or circumstance shall be held invalid by judicial decision, the invalidity shall not affect other
provisions or applications of this Lease that can be given effect without the invalid provision or
application, and to this end and extent, the provisions of the Lease are severable.
If any provision of this Lease becomes invalid and results in a significant loss of benefit to
City or Association or both, as determined by either party, the party claiming the loss may demand
renegotiation. Such demand for renegotiation must be made and delivered to the other party within
one year after the date both City and Association have received notice of the invalidity. Within
fifteen (15) days of receipt of such a demand, City and Association shall meet and begin
renegotiations. The renegotiations shall be limited to reforming this Lease and restoring the party
suffering the loss to its former position with equivalent benefits. The lease shall be effective from
the date the invalidity took place, even if such reformation is retroactive and involves a settlement
for loss of past benefits.
The purpose of this paragraph is to maintain the continuity of this Lease and conformity
with the expressed intentions of the party when this Lease was formed.
33. Mailing Addresses. Notices to the City and to the Association shall be sent by
certified mail as follows:
If to the City: City Manager
City of Dubuque
City Hall - 50 West 13th
Dubuque, IA 52001
With a copy to: City Attorney
City of Dubuque
300 Main Street, Suite 330
Dubuque, IA 52001
13
If the Association: President
Dubuque Racing Association, Ltd.
P. O. Box 3190
Dubuque, IA 52001
With a copy to: President and CEO
Q Casino
P. O. Box 3190
Dubuque, IA 52001
Corporation Counsel
O'Connor & Thomas, P.C.
Attn: Tonya A. Trumm
1000 Main Street
Dubuque, IA 52001
or to such other address as either party shall, by written notice, request.
34. Approval Contingency. This Lease is contingent upon the prior approval of the
City of Dubuque, the Iowa Racing and Gaming Commission, and the Association's board of
directors.
35. Entire Agreement. This Lease contains the entire agreement between City and
Association, and any statements, inducements or promises not contained herein shall not be
binding upon the parties.
36. Memorandum for Recording. The parties mutually agree that this Lease shall not
be recorded but that if necessary or desirable for title purposes, a Memorandum of Lease
Agreement shall be executed and filed of record.
14
CITY OF DUBUQUE, IOWA DUBUQUE RACING ASSOCIATION, LTD.
By:
Its: Its: E/e(Jc/lN-
Date: Date: I
15
pxw'eary areal vao E,zl-lzOL .dn aeai t Jl W ¢ tl a Izozw�o ...i VtlalA�do,dWLa1MM:j
LEGAL DESCRIPTION — LEASED PREMISES
A part of the Southwest Quarter of Fractional Section 17 and part of the Southeast Quarter
of Fractional Section 18, T89N, R3E, 5th P.M. in the City of Dubuque, Dubuque County,
Iowa, previously known as "Lease Area A", more particularly described as follows:
Commencing as a point of reference at the Southeast Corner of Southeast Quarter of
Fractional Section 18, T89N, R3E, 5th P.M. in the City of Dubuque, Dubuque County,
Iowa;
Thence N01 026'43" W 338.68 feet along the westerly line of said Southeast Quarter to a
point of intersection with the northerly right of way line of Greyhound Park Road, said
point being the point of beginning (this is an assumed bearing for this description only);
Thence N87058'11" W 523.04 feet along said right of way to a point of curvature;
Thence northwesterly 390.04 feet along a 1489.15 foot radius curve concave northerly
(chord N80027'58" W 388.93') continuing along said right of way to a point of tangency;
Thence N720 57'45"W 97.09 feet continuing along said right of way to a point of
curvature;
Thence northwesterly 305.03 feet along a 2175.10 foot radius curve concave southerly
(chord N76058'48"W 304.78 ft.) continuing along said right of way to a point of tangency;
Thence N80059'51 "W 473.77 feet continuing along said right of way to a point of
curvature;
Thence southwesterly 317.30 feet along a 421.14 foot radius curve concave
southeasterly (chord S77025'16" W 309.86 ft.) continuing along said right of way to a
point of non -tangency;
Thence N26039'11" W
162.14 feet;
Thence N28006'34" E
163.57 feet;
Thence N58048'11" E
674.06 feet;
Thence N36003'47" E
305.50 feet;
Thence N87033'30" E
418.14 feet;
Thence S84032'50" E
132.74 feet;
Thence S71 °50'08" E
79.09 feet;
Thence S66044'07" E
384.16 feet;
Thence S64039'07" E
374.89 feet;
Thence S52°03'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13057'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00057'20" W 523.35 feet continuing along said right of way;
Thence S46029'35"W 14.01 feet continuing along said right of way;
Thence N87058'11" W 9.10 feet along the northerly right of way line of Greyhound Park
Road to the point of beginning, said Lease Area A containing 36.235 acres, more or
less; and
A part of the Southeast Quarter of Fractional Section 18 and part of the Northeast Quarter
of Fractional Section 19, T89N, R3E, 5th P.M. in the City of Dubuque, Dubuque County,
Iowa, previously known as "Lease Area B" more particularly described as follows:
Commencing as a point of reference at the Southeast Corner of Southeast Quarter of
Fractional Section 18, T89N, R3E, 5th P.M. in the City of Dubuque, Dubuque County,
Iowa;
Thence S88037'17"W 2,573.92 feet along the southerly line of said Southeast Quarter to
a point of intersection with the westerly right of way line of Greyhound Park Road, said
point being the point of beginning of Lease Area B (this is an assumed bearing for this
description only);
Thence northeasterly 175.43 feet along a 466.90 foot radius curve concave northerly
(chord N30035'19"E 174.40 ft.) continuing along said right of way to a point of tangency;
Thence N41 ° 29'57"E 499.75 feet continuing along said right of way to a point of
curvature;
Thence northeasterly 101.55 feet along a 425.14 foot radius curve concave southeasterly
(chord N49003'50"E 101.31 ft.) continuing along said right of way to a point of intersection
with the westerly line of Dubuque Racing Association Lease A;
Thence N26039'11 "W 2.02 feet continuing along said westerly line to a point two (2) feet
in perpendicular distance from the westerly right of way line of Greyhound Park Road;
Thence southwesterly 102.32 feet along a 427.14 foot radius curve concave
southeasterly (chord S49004'47"W 102.07 ft.) continuing along a line parallel to said right
of way;
Thence S41 °29'57"W 499.75 feet continuing along said parallel line to a point of
curvature;
W
Thence southwesterly 176.18 feet along a 468.90 foot radius curve concave
southeasterly (chord S30035'20"W 175.15 ft.) continuing along said parallel line to a point
of tangency;
Thence S19045'23"W 163.65 feet continuing along said parallel line;
Thence southeasterly 227.53 feet along a 254.57 foot radius curve concave northeasterly
(chord S9°14'46"E 220.03 ft.) continuing along said parallel line;
Thence S34051'03"E 45.73 feet continuing along said parallel line;
Thence S12041'43"W 35.04 feet to the northerly corner of an existing structure easement
as shown on the Plat of Survey recorded as Instrument No. 2009-18225 in the Office of
the Dubuque County Recorder;
Thence S30006'07"W 20.00 feet along the northwesterly line of said easement;
Thence S59053'53"E 32.52 feet along the southwesterly line of said easement to a point
of intersection with the northerly right of way line of East 16t" Street;
Thence northwesterly 72.26 feet along a 75.00 foot radius curve concave westerly (chord
N7014'59"W 69.50 ft.) along the westerly right of way line of Greyhound Park Road;
Thence N34051'03"W 45.73 feet along said right of way line;
Thence northwesterly 225.70 feet along a 252.57 foot radius curve concave easterly
(chord N9014'46"W 218.30 ft.) continuing along said right of way line;
Thence N19045'23"W 163.65 feet continuing along said right of way line to the point of
beginning, said Lease Area B containing 0.062 acres, more or less.
Excepting therefrom the following area (Exception 1):
A parcel of land lying within the Southeast Quarter of Fractional Section 18, Township 89
North, Range 3 East of the 5th Principal Meridian, Dubuque County, Iowa, previously
known as "Dubuque Casino Hotel, L.L.C. Lease Area", more particularly described as
follows:
Commencing at the Southeast corner of said Fractional Section 18 (the South line of the
Southeast Quarter of Fractional Section 18 bears North 88 degrees 37 minutes 17
seconds East for the purposes of this description);
Thence North 51 degrees 42 minutes 10 seconds West, 1642.95 feet, to the point of
beginning;
19
Thence North 64 degrees 38 minutes 50 seconds West, 98.25 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 85.67 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 27.46 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 51.08 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 22.29 feet;
Thence Northeasterly, 45.81 feet along the arc of a circular curve concave to the
Southeast, having a radius of 25.00 feet, a central angle of 104 degrees 58 minutes 10
seconds, and whose chord bears North 25 degrees 21 minutes 10 seconds East, 39.67
feet;
Thence South 64 degrees 38 minutes 50 seconds East, 22.29 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 92.33 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 70.00 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 44.67 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 213.83 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 102.00 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 118.56 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 17.42 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 182.81 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 59.75 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 38.17 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 41.33 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 24.17 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 41.33 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 38.17 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 52.35 feet;
20
Thence North 64 degrees 38 minutes 50 seconds West, 48.29 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 97.26 feet, to the point of
beginning.
Said Exception 1 containing 1.317 acres (57,364 square feet), more or less.
Also excepting therefrom the following area (Exception 2):
A part of the Southwest Quarter of Fractional Section 17 and part of the Southeast Quarter
of Fractional Section 18, T89N, RK, 5th P.M. in the City of Dubuque, Dubuque County,
Iowa, previously known as "Iowa Greyhound Association Lease Area", more
particularly described as follows:
Commencing as a point of reference at the Southeast Corner of Southeast Quarter of
Fractional Section 18, T89N, RK, 5th P.M. in the City of Dubuque, Dubuque County,
Iowa;
Thence N01 026'43" W 338.68 feet along the westerly line of said Southeast Quarter to a
point of intersection with the northerly right of way line of Greyhound Park Road, (this is
an assumed bearing for this description only);
Thence N87058'11" W 523.04 feet along said right of way to a point of curvature;
Thence northwesterly 390.04 feet along a 1489.15 foot radius curve concave northerly
(chord N80027'58" W 388.93') continuing along said right of way to a point of tangency;
Thence N720 57'45"W 97.09 feet continuing along said right of way to a point of
curvature;
Thence northwesterly 305.03 feet along a 2175.10 foot radius curve concave southerly
(chord N76115848"W 304.78 ft.) continuing along said right of way to a point of tangency;
Thence N80059'51 "W 473.77 feet continuing along said right of way to a point of
curvature;
Thence southwesterly 317.30 feet along a 421.14 foot radius curve concave
southeasterly (chord S77025'16" W 309.86 ft.) continuing along said right of way to a
point of non -tangency;
Thence N26039'11" W
162.14 feet;
Thence N28006'34" E
163.57 feet;
Thence N58048'11" E
674.06 feet;
Thence N36°03'47" E
305.50 feet;
21
Thence N87033'30" E
Thence S84032'50" E
Thence S84032'50" E
Thence S71 °50'08" E
Thence S66044'07" E
Thence S64039'07" E
418.14 feet;
4.78 feet to the point of beginning;
127.97;
79.09 feet;
384.16 feet;
374.89 feet;
Thence S52003'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13057'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00057'20" W 114.43 feet continuing along said right of way;
Thence N 65029'54"
W
131.35 feet along the centerline of an existing driveway;
Thence S 24015'59"
W
8.46 feet;
Thence N 64006'04"
W
139.48 feet along an existing curb line;
Thence S 251112'45"
W
22.26 feet;
Thence N 66047'45"
W
37.80 feet;
Thence N 24028'45"
E
4.47 feet;
Thence N 65039'31"
W
25.88 feet;
Thence S 25033'59"
W
147.19 feet;
Thence N 65009'17"
W
72.72 feet along an existing fence line;
Thence N 25054'13"
E
38.56 feet;
Thence N 64057'11"
W
555.83 feet along an existing building line and fence line;
Thence N 14012'59"
E
32.91 feet;
Thence N 25033'18"
E
23.03 feet;
Thence N 61 °31'32"
W
21.16 feet;
Thence N 26040'38"
E
198.60 feet along an existing fence line;
to the point of beginning,
containing 8.016 acres, more or less.
Excepting therefrom the following:
Commencing at the previous point of beginning
Thence S84032'50" E 132.74;
Thence S71 °50'08" E 79.09 feet;
Thence S66044'07" E 384.16 feet;
Thence S64039'07" E 374.89 feet;
Thence S52003'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
22
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13057'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00057'20" W 114.43 feet continuing along said right of way;
Thence N 65029'54"
W
131.35 feet along the centerline of an existing driveway;
Thence S 24015'59"
W
8.46 feet;
Thence N 64006'04"
E
139.48 feet along an existing curb line;
Thence N 06038'39"
W
115.97 feet to the point of beginning of this exception;
Thence N 24014'23"
W
48.61 feet;
Thence N 6504538"
W
56.04 feet;
Thence S 24014'21"
E
48.61 feet;
Thence S 65045'39"
E
56.04 feet to the point of beginning, containing 0.063 acres,
more or less;
Said Exception 2 containing approximately 7.953 acres, more or less.
The above -described LEASED PREMISES is as shown on Exhibit A and contains
approximately 27.027 acres, more or less (Lease Area A 36.235 acres and Lease Area
B 0.062 acres, less Exception 1 1.317 acres and Exception 2 7.953 acres), and is subject
to easements of record and not of record.
23
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W
P�
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A
A
LEGAL DESCRIPTION — ADDITIONAL PREMISES
A part of the Southwest Quarter of Fractional Section 17 and part of the Southeast Quarter
of Fractional Section 18, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa, previously known as "Iowa Greyhound Association Lease Area", more
particularly described as follows:
Commencing as a point of reference at the Southeast Corner of Southeast Quarter of
Fractional Section 1.8, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa;
Thence N01 02643" W 338.68 feet along the westerly line of said Southeast Quarter to a
point of intersection with the northerly right of way line of Greyhound Park Road, (this is
an assumed bearing for this description only);
Thence N87058'11" W 523.04 feet along said right of way to a point of curvature;
Thence northwesterly 390.04 feet along a 1489.15 foot radius curve concave northerly
(chord N80027'58" W 388.93') continuing along said right of way to a point of tangency;
Thence N720 5745"W 97.09 feet continuing along said right of way to a point of
curvature;
Thence northwesterly 305.03 feet along a 2175.10 foot radius curve concave southerly
(chord N76058'48"W 304.78 ft.) continuing along said right of way to a point of tangency;
Thence N80059'51 "W 473.77 feet continuing along said right of way to a point of
curvature;
Thence southwesterly 317.30 feet along a 421.14 foot radius curve concave
southeasterly (chord S77025'16" W 309.86 ft.) continuing along said right of way to a
point of non -tangency;
Thence N26039'11"
W
Thence N28006'34"
E
Thence N58048'11"
E
Thence N36003'47"
E
Thence N87033'30"
E
Thence S84032'50"
E
Thence S84032'50"
E
Thence S71 °50'08"
E
Thence S66044'07"
E
Thence S64039'07"
E
162.14 feet;
163.57 feet;
674.06 feet;
305.50 feet;
418.14 feet;
4.78 feet to the point of beginning;
127.97;
79.09 feet;
384.16 feet;
374.89 feet;
Thence S52003'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13057'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00057'20" W 114.43 feet continuing along said right of way;
Thence N 65029'54"
W
131.35 feet along the centerline of an existing driveway;
Thence S 24°15'59"
W
8.46 feet;
Thence N 64006'04"
W
139.48 feet along an existing curb line;
Thence S 25012'45"
W
22.26 feet;
Thence N 66047'45"
W
37.80 feet;
Thence N 24028'45"
E
4.47 feet;
Thence N 65039'31"
W
25.88 feet;
Thence S 25033'59"
W
147.19 feet;
Thence N 65009'17"
W
72.72 feet along an existing fence line;
Thence N 25054'13"
E
38.56 feet;
Thence N 64057'11"
W
555.83 feet along an existing building line and fence line;
Thence N 14012'59"
E
32.91 feet;
Thence N 25033'18"
E
23.03 feet;
Thence N 61 °31'32"
W
21.16 feet;
Thence N 261140'38"
E
198.60 feet along an existing fence line;
to the point of beginning,
containing 8.016 acres, more or less.
Excepting therefrom the following:
Commencing at the previous point of beginning
Thence S84032'50" E 132.74;
Thence S71 °50'08" E 79.09 feet;
Thence S66044'07" E 384.16 feet;
Thence S64039'07" E 374.89 feet;
Thence S52003'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13057'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00057'20" W 114.43 feet continuing along said right of way;
Thence N 65029'54" W 131.35 feet along the centerline of an existing driveway;
Thence S 24015'59" W 8.46 feet;
Thence N 64006'04" E 139.48 feet along an existing curb line;
26
Thence N 06038'39"
W
115.97 feet to the point of beginning of this exception;
Thence N 24014'23"
W
48.61 feet;
Thence N 65045'38"
W
56.04 feet;
Thence S 24014'21"
E
48.61 feet;
Thence S 6504539"
E
56.04 feet to the point of beginning, containing 0.063 acres,
more or less;
The above -described ADDITIONAL PREMISES is as shown on Exhibit B and
contains approximately 7.953 acres, more or less, and is subject to easements of
record and not of record.
27
EXHIBIT C
CITY INSURANCE SCHEDULE
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A
1. Lessee shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the
coverage required in Exhibit I prior to the lease, license, or permit commencement. All lessees: of
City property and right of way licensees or permittees shall submit an updated certificate
annually. Each certificate shall be prepared on the most current ACORD form approved by the
Iowa Insurance Division or an equivalent. Each certificate shall include a statement under
Description of Operations as to why the certificate was issued. Lease Agreement dated
December 14. 2021.
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A. or better in the current A. M. Best's Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The lessee, licensee, or permittee shall be required to carry the minimum cove ragellimits, or
greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required
minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque,
5. Failure to obtain or maintain the required insurance shall be considered a material breach of the
lease, license; or permit.
6. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Director of Finance and Budget. The lessee, licensee, or
permittee must identify and list in writing all deviations and exclusions from the ISO form.
8. If lessee's, licensee's, or permittee's limits of liability are higher than the required minimum limits
then the lessee's„ licensee's, or permittee's limits shall be this agreement's required limits.
9. Lessee, licensee, or permittee shall require all subcontractors and sub -subcontractors to obtain
and maintain during the performance of work insurance for the coverages described in this
Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and
sub -subcontractors. Lessee, licensee, or permittee agrees that it shall be liable for the failure of a
subcontractor and sub -subcontractor to. obtain and maintain such coverage. The City may
request a copy of such certificates from the lessee, licensee, or permittee.
10. Lessee, license & permittees shall be responsible for deductibles and self -insured retention and
for payment of all policy premiums and other costs associated with the insurance policies
required below.
11. All certificates of insurance must include agents name, phone number and email address.
12. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
13. The City of Dubuque reserves the right to modify these requirements,, including limits, based on
changes in the risk or other special circumstances during the term of the agreement; subject to
mutual agreement of the parties.
Page 1 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal' and AdvertisingInjury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 0001, or Business owners form BP Q0 02, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample
attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and. appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations) or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others Endorsement.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
.70 ;1
If, by Iowa Code Section 85.1A, the lessee; licensee, or permittee is not required to
purchase Workers' Compensation Insurance, the lessee, licensee, or permittee:shall
have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability
Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as
required by Iowa Code Section 87.22. Completed form must be attached.
Page 2 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021
a
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
Cj POLLUTION LIABILITY
Coverage required: _Yes X No:
Pollution liability coverage shall be required if the lessee, contracting party, or permittee
has any pollution exposure for abatement of hazardous or contaminated materials
including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs.
Pollution product and completed operations coverage shall also be covered.
Each occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 2010.
(Ongoing operations) or its equivalent and CG2037(completed operations)or
its equivalent.
3) Include Preservation of Governmental Immunities Endorsement,
4) Provide evidence of coverage for 5 years after completion of project.
D) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT
X Yes —No
Evidence of property coverage provided: X Yes
Include the City of Dubuque as Lender Loss Payable.
E) RIGHT-OF-WAY WORK ONLY:
UMBRELLAIEXCESS $1, 000, 000
X Yes No
The General Liability, Automobile Liability and Workers Compensation insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess' Insurance policy does not follow the form of
the primary policies, it shall Include the same endorsements as required of the primary
policies including Waiver of Subrogation AND Primary and Non-contributory in favor of
the City.
F)' FLOOD INSURANCE
X Yes —No
If Required Coverage Federal Flood Program Maximum
Page 3 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021
30
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code
sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time..
2. Claims Coverade. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it
now exists and as it may be amended from time to time, Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non -Denial of Coverade: The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021
31
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public
hearing on the 3rd day of January, 2022, at 6:30 p.m., in the Historic Federal Building,
350 W. 6th Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council proposes
to approve the Second Amended and Restated Lease Agreement Between the City of
Dubuque and Dubuque Racing Association, Ltd. for the lease of real property owned by
the City of Dubuque. A copy of the Second Amended and Restated Lease Agreement is
on file at the Office of the City Clerk, 50 W. 13th St., Dubuque, IA 52001.
The real property is described in Exhibit A and B below.
At the meeting, the City Council will receive oral and written comments from any resident
or property owner of said City to the above action. The official agenda will be posted the
Friday before the meeting and will contain public input options. The City Council agenda
can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by
contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org.
Written comments regarding the above public hearings may be submitted to the City
Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. At said
time and place of public hearings the City Council will receive any written comments.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision, hearing, or speech impairments
requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing
individuals can use Relay Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the day of , 2021.
Adrienne N. Breitfelder, City Clerk
Description of Real Property
•--� � — ti-�,•.•.•1w..mw�r�-w.rrw�.
LEGAL DESCRIPTION — LEASED PREMISES
A part of the Southwest Quarter of Fractional Section 17 and part of the Southeast Quarter
of Fractional Section 18, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa, previously known as "Lease Area A", more particularly described as follows:
Commencing as a point of reference at the Southeast Corner of Southeast Quarter of
Fractional Section 18, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa;
Thence N01026'43" W 338.68 feet along the westerly line of said Southeast Quarter to a
point of intersection with the northerly right of way line of Greyhound Park Road, said
point being the point of beginning (this is an assumed bearing for this description only);
Thence N87°58'11" W 523.04 feet along said right of way to a point of curvature;
Thence northwesterly 390.04 feet along a 1489.15 foot radius curve concave northerly
(chord N80°27'58" W 388.93') continuing along said right of way to a point of tangency;
Thence N72° 57'45"W 97.09 feet continuing along said right of way to a point of
curvature;
Thence northwesterly 305.03 feet along a 2175.10 foot radius curve concave southerly
(chord N76°58'48"W 304.78 ft.) continuing along said right of way to a point of tangency;
Thence N80°59'51 "W 473.77 feet continuing along said right of way to a point of
curvature;
Thence southwesterly 317.30 feet along a 421.14 foot radius curve concave
southeasterly (chord S77°25'16" W 309.86 ft.) continuing along said right of way to a
point of non -tangency;
Thence N26°39'11" W
162.14 feet;
Thence N28°06'34" E
163.57 feet;
Thence N58°48'11" E
674.06 feet;
Thence N36°03'47" E
305.50 feet;
Thence N87°33'30" E
418.14 feet;
Thence S84°32'50" E
132.74 feet;
Thence S71°50'08" E
79.09 feet;
Thence S66°44'07" E
384.16 feet;
Thence S64°39'07" E
374.89 feet;
Thence S52003'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13°57'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00057'20" W 523.35 feet continuing along said right of way;
Thence S46°29'35"W 14.01 feet continuing along said right of way;
Thence N87058'11" W 9.10 feet along the northerly right of way line of Greyhound Park
Road to the point of beginning, said Lease Area A containing 36.235 acres, more or
less; and
A part of the Southeast Quarter of Fractional Section 18 and part of the Northeast Quarter
of Fractional Section 19, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa, previously known as "Lease Area B" more particularly described as follows:
Commencing as a point of reference at the Southeast Corner of Southeast Quarter of
Fractional Section 18, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa;
Thence S88037'17"W 2,573.92 feet along the southerly line of said Southeast Quarter to
a point of intersection with the westerly right of way line of Greyhound Park Road, said
point being the point of beginning of Lease Area B (this is an assumed bearing for this
description only);
Thence northeasterly 175.43 feet along a 466.90 foot radius curve concave northerly
(chord N30035'19"E 174.40 ft.) continuing along said right of way to a point of tangency;
Thence N41° 29'57"E 499.75 feet continuing along said right of way to a point of
curvature;
Thence northeasterly 101.55 feet along a 425.14 foot radius curve concave southeasterly
(chord N49°03'50"E 101.31 ft.) continuing along said right of way to a point of intersection
with the westerly line of Dubuque Racing Association Lease A;
Thence N26°39'11"W 2.02 feet continuing along said westerly line to a point two (2) feet
in perpendicular distance from the westerly right of way line of Greyhound Park Road;
Thence southwesterly 102.32 feet along a 427.14 foot radius curve concave
southeasterly (chord S49004'47"W 102.07 ft.) continuing along a line parallel to said right
of way;
Thence S41029'57"W 499.75 feet continuing along said parallel line to a point of
curvature;
Thence southwesterly 176.18 feet along a 468.90 foot radius curve concave
southeasterly (chord S30°35'20"W 175.15 ft.) continuing along said parallel line to a point
of tangency;
Thence S19045'23"W 163.65 feet continuing along said parallel line;
Thence southeasterly 227.53 feet along a 254.57 foot radius curve concave northeasterly
(chord S9014'46"E 220.03 ft.) continuing along said parallel line;
Thence S34051'03"E 45.73 feet continuing along said parallel line;
Thence S12°41'43"W 35.04 feet to the northerly corner of an existing structure easement
as shown on the Plat of Survey recorded as Instrument No. 2009-18225 in the Office of
the Dubuque County Recorder;
Thence S30006'07"W 20.00 feet along the northwesterly line of said easement;
Thence S59°53'53"E 32.52 feet along the southwesterly line of said easement to a point
of intersection with the northerly right of way line of East 16t" Street;
Thence northwesterly 72.26 feet along a 75.00 foot radius curve concave westerly (chord
N7014'59"W 69.50 ft.) along the westerly right of way line of Greyhound Park Road;
Thence N34051'03"W 45.73 feet along said right of way line;
Thence northwesterly 225.70 feet along a 252.57 foot radius curve concave easterly
(chord N9014'46"W 218.30 ft.) continuing along said right of way line;
Thence N19°45'23"W 163.65 feet continuing along said right of way line to the point of
beginning, said Lease Area B containing 0.062 acres, more or less.
Excepting therefrom the following area (Exception 1):
A parcel of land lying within the Southeast Quarter of Fractional Section 18, Township 89
North, Range 3 East of the 5th Principal Meridian, Dubuque County, Iowa, previously
known as "Dubuque Casino Hotel, L.L.C. Lease Area", more particularly described as
follows:
Commencing at the Southeast corner of said Fractional Section 18 (the South line of the
Southeast Quarter of Fractional Section 18 bears North 88 degrees 37 minutes 17
seconds East for the purposes of this description);
Thence North 51 degrees 42 minutes 10 seconds West, 1642.95 feet, to the point of
beginning;
Thence North 64 degrees 38 minutes 50 seconds West, 98.25 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 85.67 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 27.46 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 51.08 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 22.29 feet;
Thence Northeasterly, 45.81 feet along the arc of a circular curve concave to the
Southeast, having a radius of 25.00 feet, a central angle of 104 degrees 58 minutes 10
seconds, and whose chord bears North 25 degrees 21 minutes 10 seconds East, 39.67
feet;
Thence South 64 degrees 38 minutes 50 seconds East, 22.29 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 92.33 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 70.00 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 44.67 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 213.83 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 102.00 feet;
Thence South 64 degrees 38 minutes 50 seconds East, 118.56 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 17.42 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 182.81 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 59.75 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 38.17 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 41.33 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 24.17 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 41.33 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 38.17 feet;
Thence North 25 degrees 21 minutes 10 seconds East, 52.35 feet;
Thence North 64 degrees 38 minutes 50 seconds West, 48.29 feet;
Thence South 25 degrees 21 minutes 10 seconds West, 97.26 feet, to the point of
beginning.
Said Exception 1 containing 1.317 acres (57,364 square feet), more or less.
Also excepting therefrom the following area (Exception 2):
A part of the Southwest Quarter of Fractional Section 17 and part of the Southeast Quarter
of Fractional Section 18, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa, previously known as "Iowa Greyhound Association Lease Area", more
particularly described as follows:
Commencing as a point of reference at the Southeast Corner of Southeast Quarter of
Fractional Section 18, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa;
Thence N01°26'43" W 338.68 feet along the westerly line of said Southeast Quarter to a
point of intersection with the northerly right of way line of Greyhound Park Road, (this is
an assumed bearing for this description only);
Thence N87°58'11" W 523.04 feet along said right of way to a point of curvature;
Thence northwesterly 390.04 feet along a 1489.15 foot radius curve concave northerly
(chord N80°27'58" W 388.93') continuing along said right of way to a point of tangency;
Thence N72° 57'45"W 97.09 feet continuing along said right of way to a point of
curvature;
Thence northwesterly 305.03 feet along a 2175.10 foot radius curve concave southerly
(chord N76°58'48"W 304.78 ft.) continuing along said right of way to a point of tangency;
Thence N80°59'51 "W 473.77 feet continuing along said right of way to a point of
curvature;
Thence southwesterly 317.30 feet along a 421.14 foot radius curve concave
southeasterly (chord S77025'16" W 309.86 ft.) continuing along said right of way to a
point of non -tangency;
Thence N26°39'11" W
162.14 feet;
Thence N28°06'34" E
163.57 feet;
Thence N58°48'11" E
674.06 feet;
Thence N36003'47" E
305.50 feet;
Thence N87033'30" E
Thence S84032'50" E
Thence S84032'50" E
Thence S71050'08" E
Thence S66044'07" E
Thence S64039'07" E
418.14 feet;
4.78 feet to the point of beginning;
127.97;
79.09 feet;
384.16 feet;
374.89 feet;
Thence S52003'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13057'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00°57'20" W 114.43 feet continuing along said right of way;
Thence N 65°29'54" W
131.35 feet along the centerline of an existing driveway;
Thence S 24015'59" W
8.46 feet;
Thence N 64006'04" W
139.48 feet along an existing curb line;
Thence S 25' 12'45" W
22.26 feet;
Thence N 66°47'45" W
37.80 feet;
Thence N 24028'45" E
4.47 feet;
Thence N 65039'31" W
25.88 feet;
Thence S 25°33'59" W
147.19 feet;
Thence N 65'09'17" W
72.72 feet along an existing fence line;
Thence N 25°54'13" E
38.56 feet;
Thence N 64'57'11" W
555.83 feet along an existing building line and fence line;
Thence N 14° 12'59" E
32.91 feet;
Thence N 25°33'18" E
23.03 feet;
Thence N 61°31'32" W
21.16 feet;
Thence N 26°40'38" E
198.60 feet along an existing fence line;
to the point of beginning, containing 8.016 acres, more or less.
Excepting therefrom the following:
Commencing at the previous point of beginning
Thence S84°32'50" E 132.74;
Thence S71°50'08" E 79.09 feet;
Thence S66°44'07" E 384.16 feet;
Thence S64°39'07" E 374.89 feet;
Thence S52°03'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13°57'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00057'20" W 114.43 feet continuing along said right of way;
Thence N 65°29'54" W
131.35 feet along the centerline of an existing driveway;
Thence S 24' 15'59" W
8.46 feet;
Thence N 64°06'04" E
139.48 feet along an existing curb line;
Thence N 06°38'39" W
115.97 feet to the point of beginning of this exception;
Thence N 24014'23" W
48.61 feet;
Thence N 65045'38" W
56.04 feet;
Thence S 24014'21 " E
48.61 feet;
Thence S 65045'39" E
56.04 feet to the point of beginning, containing 0.063 acres,
more or less;
Said Exception 2 containing approximately 7.953 acres, more or less.
The above -described LEASED PREMISES is as shown on Exhibit A and contains
approximately 27.027 acres, more or less (Lease Area A 36.235 acres and Lease Area
B 0.062 acres, less Exception 1 1.317 acres and Exception 2 7.953 acres), and is subject
to easements of record and not of record.
LEGAL DESCRIPTION — ADDITIONAL PREMISES
A part of the Southwest Quarter of Fractional Section 17 and part of the Southeast Quarter
of Fractional Section 18, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa, previously known as "Iowa Greyhound Association Lease Area", more
particularly described as follows:
Commencing as a point of reference at the Southeast Corner of Southeast Quarter of
Fractional Section 18, T89N, R3E, 5t" P.M. in the City of Dubuque, Dubuque County,
Iowa;
Thence N01026'43" W 338.68 feet along the westerly line of said Southeast Quarter to a
point of intersection with the northerly right of way line of Greyhound Park Road, (this is
an assumed bearing for this description only);
Thence N87°58'11" W 523.04 feet along said right of way to a point of curvature;
Thence northwesterly 390.04 feet along a 1489.15 foot radius curve concave northerly
(chord N80°27'58" W 388.93') continuing along said right of way to a point of tangency;
Thence N720 57'45"W 97.09 feet continuing along said right of way to a point of
curvature;
Thence northwesterly 305.03 feet along a 2175.10 foot radius curve concave southerly
(chord N76°58'48"W 304.78 ft.) continuing along said right of way to a point of tangency;
Thence N80°59'51"W 473.77 feet continuing along said right of way to a point of
curvature;
Thence southwesterly 317.30 feet along a 421.14 foot radius curve concave
southeasterly (chord S77°25'16" W 309.86 ft.) continuing along said right of way to a
point of non -tangency;
Thence N26°39'11" W
Thence N28°06'34" E
Thence N58°48'11" E
Thence N36°03'47" E
Thence N87°33'30" E
Thence S84°32'50" E
Thence S84°32'50" E
Thence S71°50'08" E
Thence S66°44'07" E
Thence S64°39'07" E
162.14 feet;
163.57 feet;
674.06 feet;
305.50 feet;
418.14 feet;
4.78 feet to the point of beginning;
127.97-1
79.09 feet;
384.16 feet;
374.89 feet;
Thence S52003'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13°57'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00057'20" W 114.43 feet continuing along said right of way;
Thence N 65029'54" W
131.35 feet along the centerline of an existing driveway;
Thence S 24015'59" W
8.46 feet;
Thence N 64006'04" W
139.48 feet along an existing curb line;
Thence S 25' 12'45" W
22.26 feet;
Thence N 66°47'45" W
37.80 feet;
Thence N 24°28'45" E
4.47 feet;
Thence N 65°39'31" W
25.88 feet;
Thence S 25°33'59" W
147.19 feet;
Thence N 65'09'17" W
72.72 feet along an existing fence line;
Thence N 25054'13" E
38.56 feet;
Thence N 64057'11" W
555.83 feet along an existing building line and fence line;
Thence N 14° 12'59" E
32.91 feet;
Thence N 25°33'18" E
23.03 feet;
Thence N 61°31'32" W
21.16 feet;
Thence N 26°40'38" E
198.60 feet along an existing fence line;
to the point of beginning, containing 8.016 acres, more or less.
Excepting therefrom the following:
Commencing at the previous point of beginning
Thence S84°32'50" E 132.74;
Thence S71°50'08" E 79.09 feet;
Thence S66°44'07" E 384.16 feet;
Thence S64°39'07" E 374.89 feet;
Thence S52°03'20" E 63.33 feet to a point of non -tangent curvature and point of
intersection with the westerly right of way line of Admiral Sheehy Drive;
Thence southwesterly 138.39 feet along a 305.05 foot radius curve concave
southeasterly (chord S13057'08"W 137.21 ft.) along said right of way to a point of
tangency;
Thence S00°57'20" W 114.43 feet continuing along said right of way;
Thence N 65°29'54" W 131.35 feet along the centerline of an existing driveway;
Thence S 24" 15'59" W 8.46 feet;
Thence N 64°06'04" E 139.48 feet along an existing curb line;
Thence N 06038'39" W
115.97 feet to the point of beginning of this exception;
Thence N 24014'23" W
48.61 feet;
Thence N 65145'38" W
56.04 feet;
Thence S 24014'21 " E
48.61 feet;
Thence S 65045'39" E
56.04 feet to the point of beginning, containing 0.063 acres,
more or less;
The above -described ADDITIONAL PREMISES is as shown on Exhibit B and
contains approximately 7.953 acres, more or less, and is subject to easements of
record and not of record.