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Business Licenses RESOLUTION NO. 458-05 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Walgreens # 09708 Walgreen Co. 55 JFK Rd Passed, approved and adopted this day 3rd of October, 2005. Joyce E. Connors, Mayor Pro-Tern Attest: Jeanne F. Schneider, CMC City Clerk RESOLUTION NO. 459-05 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Rainbo Oil Company Molo Oil Company Kwik Stop Food Mart+(Sunday Sale) Puff n Snuff+(Sunday Sale) 2360 Central Av 1101 Rhomberg Av Passed, approved and adopted this 3rd day of October, 2005. . Joyce E. Connors, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk , , RESOLUTION NO. 460-05 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such appli~ants were inspected and found to com pi) with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" L1QUOR(HOTELlMOTEL) Dubuque Casino Hotel, LLC Hilton Garden/Houlihan's+(Sunday/Outdoor) 1795 Greyhound Prk Carlos O'Kelly's One Flight Up Ca~MannaJava,LLC Dog Gone, Inc. Knickers Saloon CLASS "C" BEER/LIQUOR LICENSE Carlos O'Kelly's Mexican Cafe One Flight Up+(Sunday Sale) Cafe Manna Java+(Sunday/Outdoor Sale) Dog House Lounge+(Sunday/Outdoor Sale) Knickers Saloon(1-Day Outdoor Sale) 1355 Associates 44-48 Main St 269 Main St 1646 Asbury Rd 2186 Central-Prk Lot Passed, approved and adopted this day 3rd of, October 2005. Joyce E. Connors, Mayor Pro-Tern Attest: Jeanne F. Schneider, CMC City Clerk II ALCOHOLIC BEVE RAGES DIVISION Stale 01 Iowa J. ViIAck Governor of Iowa Sally J. Pede...,n Ueutenant Governor Lynn M. Walding Administrator ON-PREMISE ApPLICATION FOR LIQUOR, WINE OR BEER 1. APPLICANT. Name of Applicant: (Sole Proprietorship, Partnership, Corporation. ttc.) Du buq ue Cas ino He tel, LLC Name of Business (D/B/A): II",,~l1.uau.~ H\ l-h VI (lv-d.L(,<.. Lvw.- lJUWuts Address of Premise: nil'; b&&t Greyhound Park Drive County: Dubuque Zip: 52001 City: Dubuque Business Ph'!:ll'3-583-5200 Home Phone: Mailing Address: 200 S Cl d MN 5 3 1 (N....& Add.....) Central Group Management. LLC 215 Park Ave S. Ste , t. ou City: State: Zip: Contact Name: Jill Hollenkamp Phone: 320-654-6307 LICENSE CLASSIFICATION REQUESTED: PRIVILEGES: o Class A Liquor License (Private Club) )( Class B Liquor License (Hotel/Motel) . Class C Liquor License (Commercial) o Special Class C Liquor License (Beer/Wine) o Class B Beer Permit (Includes Wine Coolers) o Class B Wine Permit (Carry-out wine may be issued in conjunction with other licenses) J!!( Sunday Sales Privilege o Outdoor Service o Living Quarters Permit o Brew Pub Privilege (Class C Liquor License and Class B Beer Permit only) o Catering Privilege (12 month Class B or C Liquor Licenses only) LENGTH OF LICENSE REQUESTED: FEE: tlil" 12 month o 14 day' Local Authority (Class B Beer only): o 8 month o 5 day' $ 2,028 Paid to: 'Not Available for class B wine permits. Alcoholic Beverages Division: o Liquor License $ 1 fiqO 0 Wine Permit $ o Sunday Sales $ 338 0 Brew Pub $ o 6 month www.IowaABD.com Iowa Alcollolic Beverages Division. 1918 SE Hulsizer Road, Ankeny, Iowa 50021 515.281.7430 866.IowaABD (866.469.2223) o Page 2 2. PREVIOUS LICENSEE AT THIS LOCATION. Name:LicenseJPermit # 0. 3. STATUS OF BUSINESS. Indicate how the business will be operated: o Sole Proprietorship o General Partnership o Limited Partnership o Privately-Held Cotporation o Publicly Traded Cotporation C!l Limited Liability Company o Non-Profit Association o Municipality I4. OWNERSIDP. 4-1. List all persons having financial interest or control in the business. List all partners, officers, directors and. shareholders owning 10% or more stock. Sole proprietors shall also include their spouse even if the spouse owns 0% interest. lfnotmarried, '\Vl"ite "No Spouse". Position (owner, spouse, D.te of Birtb Complete Home Address partner, president, etc.) US Clduu Percent ofName (Include Oty, State & Zip) List SSi# for carb. (yes oraD) M D Y Ownership Please see au, ched sheet ss# ss# SS# ss# ss# You must show 100% ownership of the business. Failure to list all interested parties ;s unlawful and constitutes 100% grounds/or demal or revocation of the license. (Attach addItIonal sheets, ifnecessary.) 4-2.q~ llvJ COIporation ID Number for Corporations. Limited Liability Companies. Limited Partnerships, and Limited Liability Partnerships. 4-3.Federal Employer W#. 5. CRIMINAL HISTORY. The following questions apply to all persons listed in section 4.1. Each question applies to the criminal history for each person,Within and oU~lde Iowa. Include detailed explanation for all yes responses on an anached sheet 5.1. 0 Y 2~ 1 Have you ever been convicted of a felony offense ID Iowa or any other state of the Umted States? If yes. list insection5-3. 5-2. 0 Y N Are there any arrests, mdlctments or summonses pendmg against you? If yes, list III section 5-3. Page 3 5-3. List aU arrests. indictments. summonses, convictions and deferred judgments for dlJ:. violations of any state, county, city, federal or foreign government for all persons listed in section 4.1. All information shall be reported regardless of the disposition, even if dismissed or expunged. Include pending charges. DO NOT include traffic violations, except those that are alcohol-related. (Attach an additional sheet if necessary). If no arrests, indictments, summonses or convictions are applicable, be sure to write "NONE". Failure to provide an answer will delay the processing of the Application. Dateof *Disposition of LocadoR-OfCourt Citizenship Name Arrest Charge Arrest (County, State., Lost? (yes/no) Federal) NONv *Attach copy of the Disposition of the Court for each violation noted. Attach copy of Restoration of Citizenship where loss oj citizenship is indicated. If there are no arrests. indictments. summonses or convictions. write "NONE". 6. PREMISES. .. 6-1. Indicate how you have control of the premises: Q90wn o Lease 0 Other (explain) Submit siened copy of the Jease/rental agreement for the license period or sipned final sales contract or warranty deed. 6-2. Attach a sketch on g Y2 x II" white paper of the proposed premise showing all areas under the control or lease of the Applicant. Include all floors where alcoholic beverages will be sold, served, consumed and stored. Indicate all entrances and exits, location of bar, back bar. and bathrooms. Please provide a separate sketch for each floor. If Applicant has Outdoor Service Area Privilege. please include in the sketch its relationship to the licensed premise. I 7. GENERAL INFORMATION. 7-l. 2 Number of bathrooms. 7-2. I Number of floors where alcoholic beverages will be sold, served. consumed and stored. 7-3. OY~N Are other liquor. wine or beer businesses accessible from the interior OfYOUT premises? If yes. list owner, name and address of other businesses on an attached sheet. 7-4. ~ ON Is your premises furnished with tables and seats to accommodate a minimum of 25 persons at one time? 7-5. Class A Liquor License liClub" Applicants only: OY ON Is your club a non.profit corporation or association of individuals who own, lease, or occupy a pennanent building whose members prepay regular dues and is not operated for a profit other than such profits as would accrue to the entire membership? If yes, how many dues paying members do you have'! 7-6. Veterans Organizations: In addition to answering the question in section 7-5, please answer the following two questions: OY ON Is your lodge or fraternal organization chartered by the Congress of the United States? Number of days the club will sell or serve alcoholic beverages per year. 7-7. Class B Liquor License Applicants only: OY ON Do you have 20 or more sleeping rooms'! 8. APPLICANT SIGNATURE. Page 4 The Application must be signed by a person listed in section 4-1. NOTE: A Dram Shop Liability Certificate of Insurance must accompany the Application. Failure to furnish a Dram Shop Liability Certificate of Insurance will delay the processing of the Application. J hereby declare that all information contained in the Application is troe and correct. I understand that misrepresentation oj material fact in the Application is a serious misdemeanor crime and grounds for denial of the license or penni! under Jowa law. 1 further understand that, as a condition of receiving a license, the licensed premise ;s _ftuhjee! to inspection Juring business hours by appropriate local, state and ederalofficials. 9.QJ I-OS Date NOTARY State of Tow" Cowttyof Dub\i\9,^-e Ol}, ~ooS- DMe Signed and sworn to before me on ame of Applicant 1311:1'1 Conunission Number tf.~ 9-o(p Expiration Date This document is subject to Iowa's Open Record law. Information contained in the Application may be disclosed without prior notice to or permission from the Applicant. See Iowa Code chs. 22 and 123. See also 185 Iowa Administrative Code, ch. 18. 9. ENDORSEMENT OF LOCAL AUTHORITY. I hereby certify DUB uPaur CiTynUttCO:U N C ~ City Council or County Board of Supervisors on /O-3-o~ Date And after conducting pertinent background investigations of the Applicant and proposed licensed premises, it is recommended that the license be; ~. Approved 0 Denied* / Tfapproved, requested license effective date: If} -1-tJ..:> Outdoor Service Area (if applicable): o Approved o Denied* Indrate location of premises: r:I Within incorporated city o Within unincorporated area of county. Name of nearest incorporated city: o Within unincorporated city. Name of unincorporated city: Name of City or County (~~~) S-gIA.((LY Daytime Phone .. CITY OF DUBUQUE, - . *lfthe Application is denied, attach a separate sheet identifying .\pecific rea:"ions/or the deniaL September 22, 2005 To whom it may concern: The Officers of Dubuque Casino Hotel, LLC are: Wayne A. Briggs SS# President & Treasurer 13275 W. Chetlain Lane Galena,IL 61036 Thomas Gantz SS# Vice President 23401 Spechts Ferry Road Sherrill, IA 52073 Brad Bierman SS# Secretary 164 East St. Potosi, WI 53820 All investors in the Dubuque Casino Hotel, LLC own less than 10%. The investors are over the age of 21 and are not convicted felons. Investors of Dubuque Casino Hotel, LLC Riverfront Hotel, LLC 137 Main Street Dubuque, LA 52001 Runde Properties, LLC 780 IL Route 35 North East Dubuque, IL 61025 John and Janet Duggan 2489 Hacienda Drive Dubuque, IA 52002 MRT of Dubuque, LLC 17448 John Deere Road South Dubuque, LA 52001 Rainbow Properties of Dubuque, LLC 2744 Linda Court Dubuque, LA 52001 IA Invest, LLC 620 Ridge Avenue Platteville, WI 53818 Steven Smith 4962 Asbury Circle Dubuque, IA 52002 Theisen Investments, LLC 4949 Chavenelle Road Dubuque, IA 52002 Pajema, LLC 23401 Spechts Ferry Road Sherrill, IA 52073 ...,~... ) Aug 31, 16:13 ral by: Donna Shepherd ~ic~nsldP~'rnlil #: T'Bn '^ (16:14) Pg 2 of 5 STA TE or IOWA IOWA DEPARTMENT OF COMMERCE ALCOHOLIC fiEVERAGES DIVlSON DRAM SHOP LIABILITY CERTIFICATE OF INSURANCE LIQUOR CONTROL LICENSE AND CLASS "B" BEER PERMIT riledWilh IOWA UEl'NnMENT OF COMMERCE ALCOHOLlC BEVERAGES DIVlSON 1918 S.E. Hulsizer Avenue Ankcn)',1A. 50021 (Execute in Duplicate) THIS IS TO CERTIFY THAT ILLl:'iOlS CASlIALTY COMI'AIiY Name of Company (hereinafter called Compnny), of 225 2Uth Street, IJO Box 5018. Rock Island, lL 61204-5018 (Home Address of Company) is issut:d the iCll10wing policy: Llolie)' Nwnber: 1.1.82460 A"snrod: Dubuque Casino Hotel LLC DR.\ Hilton Garden Inn Houlihan Restaurant J ,ocaOon: 1795 Greyhound Park Dr, , Dubuque, L\ 52001 D lncludes Outdoor Service Arco Effective Dates; 09l19/Z00512:01 AM througb 09/19110061:1:01 AM The above-mentioned policy of insllmnce (hereinafter policy) contulns covemge to comply with the provisions of lown Code section 123.92 .1nd all n1les ofthc Iowa DcpartnlCllt ofCommcrcc, AJcoholic Beveragc., Division. Th~ policy may b~ cancelled by the Compuny orLh~ Assur~d !living 30 du.ys' nutice in wriling lu the Akohulic TIe\'emges Division ilL its office, Ankeny, 1m-va. lhe 30 days' notice will commence from the date notice is actually reciC','ed by the dh'ision. Whenevcr requcsted by the di....ision, thc company agrecs to furnisn to thc division 11 duplicate original ofthc policy and all pertinent endursement.... Dated this 31st day of Augu5t. 200' Dawn S~"IIlmonds, AU Company Contact PersolL i ,. /)>V"/i;::f[l[;' \/)~;/ ./,' . .~... /1//; \..-""" ,--,";., <~t:~l ..,..' (;\uthllli>>::J (~(ln'IJlIlIl)' 1~epn:!Ieft.lllivl:) 22~ 20th StR-oct, PO Dux 5018 Address Rod.. L"and, IL 61204-5018 309-793-1700 Contact Phone :I 309-793-1707 FIlXf: This dl)cumenl i.'l an open record. TnfonnllLinn cnnlaim~d in lhis ducument mllY he disci used wlllmul prior notice kl or permiss;lm from the suqiect. See !QVal Code chapters 22 and 12.3; see: Dlsa. 185 lAC IH. 212-o21H CPD-99611 Transmittal ~ Date: September 22, 2005 Project: Dubuque Casino HotellLC To: Ken Haugen Hilton Garden Inn - Dubuque Project No.: 04264.00 DURRANT" From: Chris Wand Reference: 700 Locust Suite 942 Dubuque, IA 52001 cc: File Sent Via: Pick Up T 563.583.9131 F 563.557.9078 Copies Description Remark Architecture Engineering Plannin9 Project Delivery Financing Interior Design Graphic Design 1 First Floor Plan on 8.5xll with equipment and As Requested room nanles 1 First Floor Plan on 8.5xll without equipment and As Requested room names --- --- .-- --- , --. ... --- www.durrant.com Comments: Mike, Chicago, IL Denver, CO Des Moines, IA Dubuque, IA Hila, HI Honolulu, HI Madison, WI Milwaukee, WI Minneapolis, MN Phoenix, AZ. St. Louis, MO Tucson, AZ Here are the plans you requested. I provided two copies: one with equipment and room names and one without. I thought the one without all of that information would be easier to read. It would be useful for you to hold onto these and provide a copy to the city as they may come back later and need additional copies. On the one you provide to them, you might consider highlighting the connecting link so it is obvious to them. Let us know if you need anything else. It was a pleasure working on this project. Chris - Revised on 9/22/2005 " ~----------------~ , , v l__, o -~----~--------" ! ["'>_____m_j(/: ILm-------------mm--m1 I ,. _,,' I , ! iii"~"~ /::! : 1 : I:: /\ ii: ! : l:~~!:~::~::~:~_~:~,] ii--------------------------~J . :_=j . ~ ~ l______________J Il -l ~ ~ r--mm-mm-1V ! i ~ l-----l I!IO __~____6___m__. i ~, " , i ",-....------------/,/ \ 'l-------~------------------ml : :", ":: : ! i::',_ /::! : : : ii::. 1:: ! I ! : '"" ": ' I \ l!-~:_:-:-:-:~-!l i ~--------------------------~j : " --_: J l(__________________'.:-~ tll tll 4l 4l . II 0::0 r--n- . ~ I L~_______________J 4l 4l . :} tll ill! 4l tll ill! 4l ill! ill! 4l , , l______________J ,. , ~" /., ,=-> r;::-''''f (( ~'! . ,I \' ".......' - "':"::::;'/ ':'::., l.J ,1_1 Prepared by: Brian J. KJme, Kane, Norby & Reddick, P.C., 2100 Asbury Rd., Ste. 2 Dubuque, IA 52001 563-582-7980 LEASE AGREEMENT /~~ TIIIS LEASE AGREEMENT (the "Lease") is made and entered into as of the t/ -AL day of {/ Juftl, 2004, by and between the CITY OF DUBUQUE, anlowa municipal corporation, ("Lessor") and DUBUQUE CASINO HOTEL, L.L.C., an Iowa limited liability company ("Lessee"). RECITALS A. Lessor is the owner of that certain real estate described on Exhibit "A" attached hereto and by this reference made a part hereof, a portion of which Lessor desires to lease to Lessee, and Lessee desires to lease from Lessor (the "Demised Premises"); and, B. Lessor desires to lease the Demised Premises for the purpose of Lessee constructing a certain hotel, restaurant and other improvements thereon ( (hereafter the "Project"); and, C. For the purpose of authorizing the City's Lease of certain property to DCH for purposes of the Project, which property is a currently leased to DRA under the Prior Lease, DRA joins in this agreement with respect to paragraphs 25, 26, 27, and 28 only; and concurrently with such agreement, DRA enters into a Parking Use Agreement with the City and DCH for the purpose of lessening the burdens of the City's duties under the Lease with respect to provision of parking areas and parking area maintenance for the Project. D. Lessor and Lessee desire to enter into this Lease in connection with the Project. Therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree upon the following mutual terms and conditions: ARTICLE 1 DEMISE AND TERM 1.1 Demise and Term. In consideration of the rents hereinafter reserved and the terms, covenants, conditions and agreements set forth in this Lease, Lessor hereby leases to Lessee the real property described on Exhibit A attached to and made a part of this Lease, together with any and all easements and appurtenances thereto and subject to any easements and restrictions of record (the "Demised Premises"), to have and to hold for an initial term commencing as of the date of this Lease Page I of 27 ( , . and ending on the 40-year anniversary of the issuance of the Certificate of Completion (defined below) for the completion of the Phase! Improvements (the "Initial Term") but in no event later than July 1, 2045, subject to all of the terms, covenants, conditions and agreements contained herein. Upon the issuance of a Certificate of Completion for the Phase II Improvements (as defined in Section 3.2(B) hereof) within ten (10) years of the date hereof, the Initial T= shall be extended for an additional ten (10) years in order that the Lease term shall be fifty (50) years from the issuance of the Certificate of Completion (defmed below) for Phase I Improvements but in no event later than July 1,2055. 1.2 Phase I Improvements. Lessee shall construct the Phase I Improvements in the time and manner required pursuant to Exhibit "B" attached hereto and by this reference made a part hereof (the "Project"). 1.3 Parking Rights. For the benefit of the Demised Premises, and subject to the approval of DRA and American Trust and Savings Bank, Lessee shall have the right to use such public parking area(s) during the Initial T= (and any extension thereof) pursuant to the Parking Use Agreement in the form attached hereto as Exhibit "C" and by this reference made a part hereof. ARTICLE 2 RENT Lessee shall pay Lessor (in addition to taxes, assessments, and other charges required to be paid under this Lease by Lessee) rent for the Demised Premises as follows: 2.1 Base Rent. Until August 31, 2005, Lessee shall pay Base Rent in the amount of $1.00 per year. For each year thereafter for the first ten years of this Lease following receipt of such Certificate of Completion, Lessee shall pay Lessor rent as follows: ($45,000.00 per acre per year x acres constituting the Demised Premises. Upon issuance of a Certificate of Completion for the Phase II Improvements, Lessee shall pay Lessor rent as determined in accordance with the appraisal procedure set forth below All such Base Rent shall be payable in twelve (12) equal monthly installments on the first day of each month begirming on the 1st day of fuIy September, 2005. Notwithstanding the foregoing, in the event that Lessee completes the Phase II Improvements in accordance with Section 3.2(B) hereof, the Base Rent shall increase as provided above effective on the date a Certificate of Completion (defined below) is issued to Lessee and the new Base Rent shall be paid begirming on the 1 st day of the first month following the issuance of the Certificate of Completion. For rental payable after the time the first ten (10) years of rent payment expires, Lessor and Lessee shall have prepared ninety (90) days prior to such time and ninety (90) days prior to every sixty (60) months anniversary thereafter, an appraisal of the Demised Premises (exclusive of Phase I Improvements and Phase II Improvements) by a certified appraiser experienced in appraising similar types of properties in the Dubuque area mutually selected by Lessor and Lessee. If either party is dissatisfied with the appraisal or the parties cannot agree on an appraiser, each shall, not Page 2 of27 later than forty-five (45) days prior to the end of the aforesaid ten (10) years and each sixty (60) months anniversary thereafter, appoint its own appraiser, each of which shall be experienced in appraising similar types of properties in the Dubuque area and the two appointed by the parties shall select a third experienced appraiser. The average appraised values of the three appraisers shall be the appraised value of the Demised Property for the purposes of this Article. The annual rent shall be ten percent (10%) of the appraised value of the Demised Premises for the succeeding sixty (60) month period. The Demised Premises shall be appraised as vacant, unimproved ground only without regard to any buildings or other improvements on the Demised Premises. The annual rent as determined shall be paid in twelve (12) equal monthly installments. 2.2 Utility Upgrade. Lessee aclrnowledges that Lessor intended to upgrade a lift station that serves the Demised Premises and that construction of the Improvements will cause Lessor to incur additional costs for the lift station upgrade to serve the Improvements on the Demised Premises, which additional costs the parties estimate to be $10,000 for increased pump size and $15,000 for electrical installation. Lessee agrees to pay to Lessor such additional costs but not to exceed the total of $25,000. ARTICLE 3 TITLE TO IMPROVEMENTS AND TRADE FIXTURES 3.1 Trade Fixtures. For the purposes of this Lease, "Trade Fixtures" shall mean all of Lessee's personal property located on the Demised Premises used in Lessee's business. Title to Lessee's trade fixtures (the "Trade Fixtures") is and shall be the sole and exclusive property of Lessee during the term of this Lease. Lessor aclrnowledges and understands that it shall have no right, title or interest in or to Lessee's Trade Fixtures during the term of this Lease. Lessor acknowledges and agrees that Lessee shall have the right to encumber, sell, or hypothecate Lessee's Trade Fixtures, to remove them from the Demised Premises, or to otherwise deal with all or any portion of such Lessee's Trade Fixtures, in Lessee's sole discretion. Upon ten (10) days' prior written notice to Lessor, Lessor shall execute and deliver to Lessee a certificate in recordable form prepared by Lessee stating that Lessor has no interest or right in or to Lessee's Trade Fixtures, as well as any other or further document which Lessee may reasonably request from Lessor. 3.2 Improvements. (A) On delivery of possession of the Demised Premises to Lessee, Lessee shall construct on the Demised Premises the Phase I Improvements pursuant to Exhibit "B" necessary to complete the Project (the "Improvements"). Lessor agrees to apply as expeditiously as possible for all permits, variances and approvals reasonably required by law to develop and construct the Improvements on the DemisedPremises. The Phase I Improvements shall be substantially complete by no later than :hrly September 1,2005. All Improvements hereafter constructed on the Demised Premises and all Trade Fixtures located on the Demised Premises are and shall be the property of Lessee during the term of this Lease and the extension referred to in Par. 1.1 but in no event later than July 1,2055 and no longer. Subject to the payment obligations of Lessee herein, upon any termination of this Lease, by reason of any cause whatsoever, if the Improvements or any part Page 3 of27 thereof shall then be on the Demised Premises, all of Lessee's right, title, and interest therein shall cease and terminate, and title to the Improvements shall vest in Lessor, and the Improvements or the part thereof then within the Demised Premises and all Trade Fixtures (in the rooms and lobby) shall be surrendered by Lessee to Lessor (excluding furniture, fIxtures, and equipment in the offices). At the time of surrender, such Trade Fixtures shall be of the same quantity, type and quality as were located in the rooms and lobby for the operation of the Improvements during the term of this Lease. No further deed or other instrument shall be necessary to confirm the vesting in Lessor of title to the Improvements or Trade Fixtures. However, upon any termination of this Lease, Lessee, upon request of Lessor, shall execute, acImowledge and deliver to Lessor a quitclaim deed confirming that all of Lessee's right, title and interest in or to the Improvements or Trade Fixtures has expired, and that title to the Improvements and Trade Fixtures has vested in Lessor. See Article 21 below. (B) Phase II Improvements. Attached hereto is Exhibit "D" and by this reference made a part hereof is a schedule of the Phase II Improvements for all purposes herein. Lessee, at its option, may elect to construct the additional rooms contemplated by Exhibit "D" provided Lessee provides Lessor thirty (30) days written notice thereof prior to commencing any such construction. For all purposes hereunder, a CertifIcate of Completion shall mean such certificate (or any certification or a similar written statement) by the City of Dubuque, Iowa, providing that any Improvements hereunder are completed pursuant to applicable City ordinances. ARTICLE 4 ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST 4.1 Lessee's Right to Encumber Leasehold Interest. Lessee may encumber by mortgage, deed of trust or other proper instrument, its leasehold interest and estate in the Demised Premises, together with all Improvements on the Demised Premises, as security for any indebtedness of Lessee, provided that no such encumbrance shall extend beyond the term of this Lease. Lessee shall provide prompt written notice to Lessor of any such encumbrance together with a copy of such encumbrance. In the event of any judicial or nonjudicial foreclosure under any mortgage, deed of trust or other similar instrument made by Lessee covering its leasehold interest in the Demised Premises, Lessor shall, upon such foreclosure or sale, recognize the purchaser thereunder as Lessee under this Lease, provided such purchaser expressly agrees in writing to be bound by the terms of this Lease. 4.2 Notice to Holder of Encumbrance; Right of Holder to Cure Lessee's Default. If Lessee shall encumber its leasehold interest and estate in the Demised Premises and if Lessee, or the holder of the indebtedness, its successors and/or assigns (the "Holder") secured by the encumbrance shall give notice to Lessor of the existence of the encumbrance and the address of the Holder, then Lessor shall mail or deliver to the Holder, at such address, a duplicate copy of all notices in writing which Lessor may, from time to time, give or serve on Lessee under and pursuant to the terms and provisions of this Lease. The copies shall be mailed or delivered to the Holder at, or near as possible to, the same time the notices are given to or served on Lessee. The Holder may, at its option, at any time before the rights of Lessee shall be terminated as provided in this Lease, pay any of the rents due under this Page 4 of 27 Lease or pay any taxes and assessments, or do any other act or thing required of Lessee by the terms of this Lease, or do any act or thing that may be necessary and proper to be done in the observance of the covenants and conditions of this Lease or to prevent the termination of this Lease; provided., however, that the doing of any act or thing requiring possession of the Demised Premises shall be su~iect to the further rights of Holder as set forth in Section 16.2. All payments so made and all things so done and performed by the Holder shall be effective to prevent a foreclosure of the rights of Lessee thereunder as the same would have been if done and performed by Lessee. ARTICLE 5 TAXES Lessee agrees to pay as additional rent an amount equal to real estate taxes upon the real estate of the Demised Premises that become payable (as such taxes come due) during the term hereof and which would become delinquent if not so paid during the t= hereof. Lessee shaH further provide to Lessor official receipts of the appropriate taxing authority or other evidence satisfactory to Lessor evidencing payment thereof. During the term of this Lease, Lessee further agrees to pay all other taxes, rates, charges, levies and assessments, general and special, of every name, nature and kind., whether now known to the law or hereafter created which may be taxed, charged, assessed., levied or imposed upon said real estate and which become payable during the term hereof and which would become delinquent if not so paid during the t= hereof, any buildings or improvements thereon which may be taxed., charged., assessed., levied or imposed upon the leasehold estate hereby created and upon the reversionary estate in said real estate during the term hereof and which become payable during the t= hereof and which would become delinquent if not so paid during the term hereof, and all such other taxes, rates, charges, levies and assessments shaH be paid by Lessee as they become due and before they become delinquent during the term hereof. Lessee agrees to timely pay aH taxes, assessments or other public charges levied or assessed by lawful authority (but reasonably preserving Lessee's rights of appeal) against its personal property on the premises, during the t= of this Lease. Nothing herein shall require Lessee to pay any of Lessor's income taxes, surtaxes, excess profit taxes or any taxes on the rents or otherwise reserved to Lessor hereunder. Lessee shall at aU times have the right to contest in good faith, in any proper proceedings, in the name of Lessor if necessary, the payment or satisfaction of any such taxes, assessments, rates, charges or levies so agreed to be paid by Lessee, if the validity thereof, or the right to assess or levy the same against or collect the same from said Demised Premises or Improvements, shall be disputed with respect to the Demised Premises. Upon the conclusion of any such suit or proceedings, or not less than three (3) months prior to the date when the right to redeem therefrom expires, whichever will be the earlier, Lessee shall promptly pay and satisfy such disputed tax, assessment or other charge as [mally determined, together with all expenses, costs and attorneys' fees whatsoever incurred in connection therewith. Page 5 of27 ARTICLE 6 REPAIRS Lessee shall at all times during the term of this Lease, at Lessee's expense, keep the Demised Premises and the Improvements thereon, and all sidewalks, curbs, and all appurtenances to the Demised Premises, in good order, condition and repair, casualties and ordinary wear and tear excepted. Lessee shall keep and maintain the Demised Premises and all Improvements in a condition consistent with other similarly classed operations. Lessee shall keep the Demised Premises in such condition as may be required by law and by the terms of the insurance policies furnished pursuant to this Lease, whether or not such repair shall be interior or exterior, and whether or not such repair shall be of a structural nature. Upon reasonable notice to Lessee, Lessor may, at its discretion and at its cost, conduct an annual inspection of the Demised Premises to determine Lessee's compliance with this Article 6. ARTICLE 7 COMPLIANCE WITH LAW 7.1 During the term of this Lease, Lessee shall comply with all local, state and federal laws applicable to Lessee's use of the Demised Premises, including but not limited to the Americans with Disabilities Act. 7.2 Lessee shall not commit waste on the Demised Premises except as necessary for its business purposes including the removal or construction of any buildings and Improvements on the Demised Premises, and shall be liable for any damages to or destruction of any buildings or Improvements on the Demised Premises resulting from waste and shall be required to repair or rebuild such buildings or Improvements. Lessee may remove existing Improvements or construct new Improvements on the Demised Premises subject to all of the terms and conditions of this Lease provided Lessee has received the prior approval of Lessor, which approval Lessor shall not unreasonably withhold. ARTICLE 8 ALTERATIONS Lessee shall have the right, with Lessor's prior written consent (which consent shall not be unreasonably withheld) to make any such alteration, addition, or modification that equals or exceeds Fifty Thousand and 00/100 Dollars ($50,000.00) in cost, at Lessee's expense, from time to time during the term of this Lease (any alteration, addition or modification less than Fifty Thousand and 001100 Dollars ($50,000.00) in cost shall not require Lessor's consent). ARTICLE 9 USE OF DEMISED PREMISES Lessee shall operate the ImprovementslProi ect for the purposes outlined herein and shall not knowingly use or allow the Demised Premises or any buildings or Improvements thereon or any Page 6 of27 appurtenances thereto, to be used or occupied for any unlawful purpose or in violation of any certificate of occupancy. Lessee shall not suffer any act to be done or any condition to exist within the Demised Premises or in any Improvement thereon, or permit any article to be brought therein, . which is dangerous, unless safeguarded as required by law, or which, in law, constitute a nuisance, public or private, or which may make void or voidable any insurance in force with respect thereto. After the issuance of the Certificate of Completion, Lessee shall not cause, allow or permit any outdoor storage of any materials, objects or things of any kind, including refuse, trash or garbage, at any time on the Demised Premises. Notwithstanding the foregoing, refuse storage is permissible in an accessory storage enclosure if the City Manager determines that the structure is in character with the principal building and constructed of the same quality permanent materials as the principal building. The accessory structure shall be within close proximity to the principal structure. Where the structure exceeds 200 square feet in area, at least 1/3 of the structure's exterior perimeter shall be landscaped with ornamental trees and shrubs. ARTICLE 10 INSURANCE 10.1 Lessee shall provide and maintain or cause to be maintained at all times during the process of constructing Improvements (and, from time to time at the request of Lessor, furnish Lessor with proof of payment of premiums on): A. Builder's risk insurance, written on the Special Perils Form in an amount equal to one hundred percent (100%) of the replacement value of Improvements as the same shall exist from time to time during the construction process; and, B. Schedule. Commercial general liability insurance as set forth m the attached insurance 10.2 Upon completion of construction ofImprovements, Lessee shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of Lessor shall furnish proof of the payment of premiums on) insurance as follows: A. Property insurance against loss and/or damage to Improvements under an insurance policy written on the Special Perils Form in an amount not less than the full insurable replacement value of Improvements, but any such policy may have a deductible amount of not more than $50,000.00. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by Lessor. The term "replacement value" shall mean the actual replacement cost of Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of Lessor, but not more frequently than once every three years, and paid for by Lessee. Page 7 of 27 B. Commercial general liability insurance as set forth in Lessor's standard insurance schedule for tenants of city property, which schedule may from time to time be amended by Lessor. Lessor's current Insurance Schedule is attached hereto. 10.3 Lessee shall complete the repair, reconstruction and restoration ofImprovements, whether or not the Net Proceeds of insurance received by Lessee for such purposes are sufficient. ARTICLE 11 LESSOR'S WARRANTmS AND REPRESENTATIONS 11.1 Lessor's Representation of Good Title. Lessor covenants and warrants that Lessor is lawfully in possession of the Demised Premises, and that it has (or will have) full right and authority to enter into this Lease for the full term hereof (subject to Article 25 below), and covenants and agrees that upon paying the rent provided for herein, and upon Lessee's performing the covenants and agreements of this Lease required to be performed by said Lessee, that Lessee will have, hold and enjoy quiet possession of the Demised Premises. Lessor warrants to Lessee that the Demised Premises are properly zoned for the conduct of the operation of Lessee's business. ARTICLE 12 LESSEE'S W ARRANTmS AND REPRESENTATION 12.1 Lessee Compliance With Law. A Lessee shall comply with all applicable local, state and federal laws, rules, regulations and permits with regard to the Demised Premises and its use, occupancy and control of the Demised Premises. B. Lessee shall be responsible for obtaining any and all applicable permits, licenses or authorizations as may be necessary for Lessee's use, occupancy and control of the Demised Premises, the obtaining thereof being a conditioned precedent to this Lease. 12.2 Environmental Matters. A. Lessee covenants and agrees that Lessor shall have no responsibility for or liability arising from any release of a Hazardous Substance which is caused by or results from Lessee's use, occupancy or control of the Demised Premises, except for Lessor Hazardous Substances (any Hazardous Substance which leaches or migrates upon the Demised Premises from any property owned by Lessor). Notwithstanding any other provision of this Lease, Lessee shall not have any responsibility for any Hazardous Substance which leaches or migrates upon the Demised Premises from any adjacent property or any release of a Hazardous Substance which is caused by Lessor or which pre-exists as of the date of this Lease, all of which shall be and remain the liability of Lessor. B. Lessee covenants and agrees to notify Lessor promptly of any release of Hazardous Substance in, on or about the Demised Premises of which Lessee has actual knowledge. Page 8 of 27 C. Lessee covenants and agrees to take promptly any and all necessary and appropriate response to address any release of Hazardous Substance for which Lessee is responsible under Section 12.2A. Such response shall include, without limitation, notification to appropriate governmental authorities, as may be required by law. D. Lessee covenants and agrees not to manufacture, treat or dispose of Hazardous Substances at the Demised Premises or knowingly allow the manufacture, treatment, or disposal of Hazardous Substances on the Demised Premises. E. Lessee shall have the right to perform environmental site assessments of the Demised Premises to assess the environmental condition of the Demised Premises for the purpose of constructing and operating (even through an affiliate) a hotel and restaurant. Any results or reports created by such site assessment shall be the property of Lessee and may be used by Lessee and L,essor for any purpose provided that Lessor shall not disclose any such report or the information contained therein to any third party unless required to do so by law or legal process. For the purposes of this Lease, "Hazardous Substance" or "Hazardous Substances" means any hazardous or toxic substance, material or waste which is or becomes regulated by anylocal government, the State ofIowa or the United States Government. It includes, without limitation, any material or substance that is (i) defined as a "hazardous substance" or "hazardous waste" under Chapter 455B, Iowa Code, (ii) petroleum and petroleum products, (iii) asbestos containing materials in any form or condition, (iv) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. ~ 1321), (v) defined as a "hazardous waste pursuant to ~ 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. ~6901 et seq., (vi) defined as a "hazardous substance" pursuant to ~ 101 of the Comprehensive Environmental Response, Compensation and Liability Act, U.S.C ~ 9601 et seq., or (vii) defined as a "regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks), 42 U.S.C. ~ 6991 et seq.l The term "Hazardous Substance" shall not include any air emissions discharged into the atmosphere as allowed by a duly issued permit from the applicable governmental agency. ARTICLE 13 INDEMNIFICATION 13.1 Indemnification of Lessee. To the extent allowed by law, Lessor will indemnify and save harmless Lessee from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Lessee by reason of (a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Demised Premises and resulting from any act or omission of Lessor or anyone acting by, through, or under Lessor, (b) any failure on the part of Lessor to perform or comply with any of the terms of this Lease and (c) any breach on the part of Lessor of any warranty or representation contained in Article II. In case any action, suit or proceeding is brought against Lessee by reason of such occurrence, Lessor will, at Lessor expense and discretion, either defend such action, suit or proceeding, or cause the same to Page 9 of27 be defended by counsel approved by Lessee, which approval will not be unreasonably withheld. 13.2 Indemnification of Lessor. Lessee will indemnify and save harmless Lessorfrom and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Lessor by reason of (a) any accident, ir\iury to or death of persons or loss of or damage to property occurring on or about the Demised Premises during the term of this Lease and resulting from any negligence of Lessee or anyone claiming by, through or under Lessee during the t= of the Lease and (b) any failure on the part of Lessee to perform or comply in any material respect with any of the material terms of this Lease, and (c) any material breach on the part of Lessee of any warranty or representation contained in Article 12. In case any action, suit or proceeding is brought against Lessor by reason of such occurrence, Lessee will, at Lessee's expense and discretion, either defend such action, suit or proceeding, or cause the same to be defended by counsel approved by Lessor, which approval will not be unreasonably withheld. 13.3 Survival. The obligations and liabilities under this Article shall survive and continue in full force and effect and shall not be t=inated, discharged or releasee!, in whole or in part, irrespective of the termination or expiration of the t= of this Lease. ARTICLE 14 CONDEMNATION 14.1 Entire Condemnation. If at any time during the t= of this Lease all or substantially all of the Demised Premises or the Improvements thereon shall be taken in the exercise of the power of eminent domain by any sovereign, municipality or other public or private authority, then this Lease shall t=inate on the date of vesting of title in such taking and any prepaid rent shall be apportioned as of said date. Substantially all of the Demised Premises and the Improvements thereon shall be deemed to have been taken if the remaining portion of the Demised Premises shall not be of sufficient size to p=it Lessee, in Lessee's sole discretion, to operate its business thereon in a manner similar to that prior to such taking. 14.2 Allocation of A ward. Any award for such taking of all or substantially all of the Demised Premises shall be paid to the parties hereto in accordance with the following: A. To Lessor, the amount of the award attributable to the Demised Premises, determined as if this Lease was not in effect at the time of such award, excluding therefrom the amount of the award attributable to the Improvements, and all other sums not directly attributable to the value of the Land constituting the Demised Premises; B. To Lessee, the entire award except that portion allocated to Lessor above. 14.3 Partial Condemnation. Ifless than all or substantially all of the Demised Premises or the Improvements thereon shall be taken in the exercise of the power of eminent domain by any sovereign, municipality or other public or private authority, then Lessee, at its option, may elect to Page 10 of27 continue this Lease in full force and effect or terminate this Lease. If Lessee shall elect to maintain this Lease in full force and effect, the award for such partial condemnation shall be allocated as provided in Section 14.2, and Lessee shall proceed with reasonable diligence to carry out any necessary repair and restoration so that the remaining Improvements and appurtenances shall constitute a complete structural unit or units which can be operated on an economically feasible basis under the provisions of this Lease. In the event Lessee elects to continue this Lease in full force and effect after a partial condemnation, the Base Rent shall be reduced in proportion to the area of the Demised Premises taken. Should Lessee elect to terminate this Lease upon a partial condemnation, Lessee shall provide Lessor with written notice of such election within thirty (30) days after the date of vesting of title for such taking. Lessee shall specify in such written notice the date on which this Lease shall terminate, which date shall be not less than 60 days nor more than 360 days after delivery of such notice to Lessor (the "Termination Date"). In the event Lessee terminates this Lease, as provided for in this Section 13.3, Lessee shalI be entitled to the entire award for such partial taking. 14.4 Temporary Taking. If the temporary use of the whole or any part of the Demised Premises or the Improvements thereon or the appurtenances thereto shall be taken at any time during the term of this Lease in the exercise of the power of eminent domain by any sovereign, municipality, or other authority, the term of this Lease shall not be reduced or affected in any way, and Lessee shall continue to pay in full the rent, additional rent and other sum or sums of money and charges herein reserved and provided to be paid by Lessee, and the entire award for such temporary taking shall be paid to Lessee. Lessee shall repair and restore any and all damage to the Demised Premises and the Improvements as soon as reasonably practicable after such temporary taking. ARTICLE 15 ASSIGNMENT AND SUBLETTING This Lease may not be assigned or sublet by Lessee without the prior written consent of Lessor, which consent shall not be unreasonably withheld, provided said third party assignee or sublessee agrees in writing to comply with the terms and conditions of this Lease. ARTICLE 16 DEFAULT 16.1 Lessor's Rights in the Event of Lessee's Default. If Lessee shall fail or neglect to observe, keep or perform any of the covenants, terms or conditions contained in this Lease on its part to be observed, kept or performed, and the default shall continue for a period of thirty (30) days after written notice from Lessor setting forth the nature of Lessee's default (it being intended that in connection with a default not susceptible of being cured with diligence within thirty (30) days, the time within which Lessee has to cure the same shall be extended for such period as may be necessary to complete the same with all due diligence, but in no event longer than ninety (90) days), then and in any such event, Lessor shall have the right at its option, on written notice to Lessee, to terminate this Lease. Lessor shall thereafter have the right to enter and take possession of the Demised Premises with process of law and to remove all personal property from the Demised Page 11 of27 Premises and all persons occupying the Demised Premises and to use all necessary and legal force therefor and in all respects to take the actual, full and exclusive possession of the Demised Premises and every part of the Demised Premises as of Lessor' s original estate, without incurring any liability to Lessee or to any persons occupying or using the Demised Premises for any damage caused or sustained by reason of such entry on the Demised Premises or the removal of persons or property from the Demised Premises. 16.2 Rights of Holder of Encumbrance in Event Lessee Defaults. If Lessee fails or neglects to observe, keep or perform any of the covenants, terms or conditions contained in this Lease on its part to be observed, kept or performed, the Holder of any indebtedness secured by an encumbrance on the leasehold estate under this Lease shall have thirty (30) days after receipt of written notice from Lessor setting forth the nature of Lessee's default and a reasonable time thereafter if it shall have commenced foreclosure or other appropriate proceedings in the nature thereof within such thirty (30) days and is diligently prosecuting such proceedings, but in no event longer than ninety (90) days, within which to endeavor to make good or remove the default or cause for termination of the Lease. All right of Lessor to terminate this Lease on the failure or neglect of Lessee to observe, keep and perform the covenants, terms and conditions of this Lease is, and shall continue to be, at all times prior to payment in full of the indebtedness to the Holder of Lessee, su~iect to and conditioned on Lessor's having first given the Holder written notice thereof and the Holder having failed to cause the default or cause for termination to be made good or removed within thirty (30) days after receiving written notice of default or cause for termination or within a reasonable time thereafter if it shall have commenced foreclosure or other appropriate proceedings in the nature of foreclosure within such thirty (30) days and is diligently prosecuting such proceedings, but in no event longer than ninety (90) days. In the event that the Lease is terminated due to the Lessee's bankruptcy, insolvency or other proceedings, and in the event the Holder has complied with the terms of this Section 16.2, then Lessor at Holder's option, shall enter into a new Lease with Holder or the successful bidder at foreclosure on the same terms as this Lease, for the term then remaining, and specifically preserving all unexercised options. Lessor agrees to execute and deliver any nondisturbance and attornment agreements reasonably requested by Lessee's lenders, from time to time, provided such non disturbance and attornment agreement is consistent with this section 16.2. 16.3 Lessee's Rights in the Event of Lessor's Default. If Lessor shall fail or neglect to observe, keep or perform any of the covenants, terms or conditions contained in this Lease on its part to be observed, kept or performed, and the default shall continue for a period of thirty (30) days after written notice from Lessee setting forth the nature of Lessor's default (it being intended that in connection with a default not susceptible of being cured with diligence within thirty (30) days, the time within which Lessor has to cure the same shall be extended for such period as may be necessary to complete the same with all due diligence, but in no event longer than ninety (90) days), then and in any such event, Lessee shall have all rights available to it provided by law or equity. ARTICLE 17 RIGHT TO CURE OTHER'S DEFAULTS Page 12 of27 Whenever and as often as a party shall fail or neglect to comply with and perform any term, covenant, condition or agreement to be complied with or performed by such party hereunder, then, following thirty (30) days' prior written notice to such defaulting party (or such additional time to cure as may be accorded Lessee pursuant to Section 16.1 above, but in no event longer than ninety (90) days), the other party, at such other party's option, in addition to all other remedies available to such other party, may perform or cause to be performed such work, labor, services, acts or things, and take such other steps, including entry onto the Demised Premises and the Improvements thereon, as such other party may deem advisable, to comply with and perform any such term, covenant, condition or agreement which is in default, in which event such defaulting party shall reimburse such other party upon demand, and from time to time, for all costs and expenses suffered or incurred by such other party in so complying with or performing such t=, covenant, condition or agreement. The commencement of any work or the taking of any other steps or performance of any other act by such other party pursuant to the immediately preceding sentence shall not be deemed to obligate such other party to complete the curing of any t=, covenant, condition or agreement which is in default. Either party, upon giving twenty (20) days' written notice to the other, may offset amounts due to the other party for any amounts the notifying party pays or incurs hereunder proper the obligation of the other party to whom such notice is sent. ARTICLE 18 QUIET ENJOYMENT Lessor covenants that at all times during the term of this Lease, so long as Lessee is not in default hereunder, Lessee's quiet enjoyment of the Demised Premises or any part thereof shall not be disturbed by any act of Lessor, or of anyone acting by, through or under Lessor. ARTICLE 19 ESTOPPEL CERTIFICATES Each party hereto agrees that at any time and from time to time during the term of this Lease, within ten (10) days after request by the other party hereto or by any lender having an interest in Lessee's leasehold estate, it will execute, aclmowledge and deliver to the other party or to such lender or any prospective purchaser, assignee or any mortgagee designated by such other party, a certificate stating (a) that this Lease is unmodified and in force and effect (or if there have been modifications, that this Lease is in force and effect as modified, and identifying the modification agreements), (b) the date to which rent has been paid, (c) whether or not there is any existing default by Lessee in the payment of any rent or other sum of money hereunder, and whether or not there is any other existing default by either party hereto with respect to which a notice of default has been served, and, if there is any such default, specifying the nature and extent thereof; and (d) whether or not there are any setoffs, defenses or counterclaims against enforcement of the obligations to be performed hereunder existing in favor of the party executing such certificate. ARTICLE 20 WAIVER Page 13 of27 No waiver by either party hereto of any breach by the other of any term, covenant, condition or agreement herein and no failure by any party to exercise any right or remedy in respect of any breach hereunder, shall constitute a waiver or relinquishment for the future of any such term, covenant, condition or agreement or of any subsequent breach of any such term, covenant, condition or agreement, nor bar any right or remedy of the other party in respect of any such subsequent breach, nor shall the receipt of any rent, or any portion thereof, by Lessor, operate as a waiver of the rights of Lessor to enforce the payment of any other rent then or thereafter in default, or to terminate this Lease, or to recover the Demised Premises, or to invoke any other appropriate remedy which Lessor may select as herein or by law provided. ARTICLE 21 SURRENDER Lessee shall, on the last day of the term of this Lease or upon any termination of this Lease, surrender and deliver up the Demised Premises, with the Improvements then located thereon into the possession and use of Lessor, without fraud or delay and in' good order, condition and repair, reasonable wear and tear excepted, free and clear of alllettings and occupancies, free and clear of all liens and encumbrances other than those existing on the date of this Lease and those, if any, created by Lessor, without (except as otherwise. provided herein) any payment or allowance whatever by Lessor on account of or for any buildings and Improvements erected or maintained on the Demised Premises at the time of the surrender, or for the contents thereof or appurtenances thereto. Lessee's Trade Fixtures, personal property and other belongings of Lessee or of any Lessee or other occupant of space in the Demised Premises (excluding furniture, fixtures, and equipment in room or the lobby) shall be and remain the property of Lessee, and Lessee shall have a reasonable time after the expiration of the term of this Lease (not to exceed thirty (30) days) to remove the same. See Article 3 above. ARTICLE 22 MEMORANDUM OF LEASE Each of the parties hereto will, promptly upon request of the other, execute a memorandum of this Lease in a form suitable for recording setting forth the names of the parties hereto and the term of this Lease, identifying the Demised Premises, and also including such other clauses therein as either party may desire, except the amounts of Base Rent payable hereunder. ARTICLE 23 NOTICES 23.1 All notices, demands or other writings in this Lease provided to be given or made or sent, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered and postage prepaid, and by facsimile addressed as follows: Page 14 of27 To Lessor: City of Dubuque, Iowa Attn: Mr. Michael C. Van MiIIigen City Hall 13th St. & Central Ave. Dubuque, IA 52001-4864 To Lessee: Dubuque Casino Hotel, LLC Attn: Mr. Wayne A. Briggs 137 Main St., Ste. 400 Dubuque, IA 52001 To DRA: Dubuque Racing Association, LID Attn: Mr. Bruce Wentworth 1855 Greyhound Park Rd. Dubuque, IA 52001; 23.2 The address and/or fax number to which any notice, demand or other writing may be given or made or sent to any party as above provided may be changed by written notice given by the party as above provided. ARTICLE 24 MISCELLANEOUS 24.1 Time of the Essence. Time is of the essence of this Lease and all of its provisions. 24.2 Governing Law. It is agreed that this Lease shall be governed by, construed and enforced in accordance with the laws of the State ofIowa. 24.3 Paragraph Headings. The titles to the paragraphs of this Lease are solely for the convenience of the parties and shall not be used to explain, modify, simplify or aid in the interpretation of the provisions of this Lease. 24.4 Modification of Agreement. Any modification of this Lease or additional obligation assumed by either party in connection with this Lease shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party. 24.5 Parties Bound. This Lease shall be binding on and shall inure to the benefit of and shall apply to the respective successors and assigns of Lessor and Lessee. All references in this Lease to "Lessor" or "Lessee" shall be deemed to refer to and include successors and assigns of Lessor or Lessee without specific mention of such successors or assigns. 24.6 Force Ma,ieure. In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, unavailability of construction materials, unavailability or excessive price of fuel, Page IS of27 power failure, riots, insurrection, war, terrorist activities, explosions, hazardous conditions, fire, flood, weather or acts of God, or by reason of any other cause beyond the exclusive and reasonable control of the party delayed in performing work or doing acts required under the t=s of this Lease (collectively "Force Majeure"), then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 24.7 Transient Boat Docking. During the Initial Term of this Lease, and as soon as reasonably possible and practicable, City agrees to investigate with Lessee the feasibility of providing transient boat docking facilities, at the expense of Lessee, for the benefit of the Project. ARTICLE 25 DUBUQUE RACING ASSOCIATION, LTD. ("DRA") The Dubuque Racing Association, LTD., an Iowa not for corporation ("DRA"), by and through its authorized representatives, agrees that the City may Lease the Demised Premises to Lessee, notwithstanding that certain Lease wherein the City of Dubuque, Iowa, a municipal corporation, is the Lessor, and DRA is the Lessee, dated March 31, 2004 (the "Prior Lease"). Lessor and DRA agree to amend the Prior Lease at or prior to the execution hereof or within a reasonable time thereafter. ARTICLE 26 APPROVAL This Lease shall not become effective until the prior written approval or consent ofDRA, the Iowa Racing and Gaming Commission and American Trust & Savings Bank is received. If all of the foregoing approvals are not received by July 15,2004, then this Lease shall be null and void and of no further force or effect. ARTICLE 27 RIGHTS OF FIRST REFUSAL Lessee shall have the preemptive right during the Initial Term and the extension refered to in Par. 1.1 to purchase the Demised Premises and the parking area described in the Parking Use Agreement on the same t=s and conditions as those of any bona fide offer received by and acceptable to Lessor. Before making any sale or any agreement to sell, Lessor shall notify Lessee in writing of the terms and conditions of the offer. Lessee, within sixty (60) days after receipt of such notice, may exercise this preemptive right by written notice to Lessor. Failure of Lessee to exercise this preemptive right on one or more occasions shall not affect Lessee's right to exercise it on any subsequent occasion. Any sale or transfer of the Demised Premises, or any part thereof, or of any larger tract ofland of which the Demised Premises may be a part, shall be expressly made subject to all of the terms, covenants and conditions of this Lease. DRA shall have the preemptive right during the Initial Term or any extension thereof to Page 16 of27 purchase the Improvements on the same terms and conditions as those of any bona fide offer received by and acceptable to Lessee. Before making any sale or any agreement to sell, Lessee shall notify Lessor and DRA in writing of the terms and conditions of the offer. DRA, within sixty (60) days after receipt of such notice, may exercise this preemptive right by written notice to Lessee. Failure ofDRA to exercise this preemptive right on one or more occasions shall not affect DRA's right to exercise it on any subsequent occasion. Any sale or transfer of the Improvements shall be expressly made sUQject to all of the terms, covenants and conditions of this Lease. In the event DRA purchases the Improvements, Lessor shall lease the Demised Premises to DRA for the remainder of the Initial Term or any extension thereof, subject to all of the terms, covenants and conditions of this Lease. ARTICLE 28 JOINT MARKETING. Any joint marketing orotherjoint ventures or opportunities for business relationships by and between DRA and Lessee with regard to the hotel and restaurant contemplated herein and the gaming and related facilities operated by DRA shall be the subject of separate agreements, from time to time, by and between Lessee and DRA. DRA agrees that, during the entire time this Lease remains in full force and effect, Lessee shall be the exclusive provider of any hotel, motel or similar facility on any part of the entire real estate described on Exhibit ""A"" attached hereto and by this reference made a part hereof (consisting of 43.73 acres, more or less), as well as the exclusive provider of any franchised or otherwise casual fine dining restaurant on the DemisedPremises. DRA further agrees thatDRA shall not, without the consent ofDCH, operate or permit another to operate any franchised dining facility on any part of the entire real estate described on Exhibit ""A"" attached hereto, other than a franchised dining facility operated by DCH on the Demised Premises. Other than as provided in this paragraph, nothing in this Lease shall, in any way, limit the operations of DRA adjacent to the Demised Premises, including but not limited to the right or ability ofDRA to conduct its own (non- franchised) food and/or beverage operations on or adjacent to DRA's facilities. ARTICLE 29 FINANCING CONDITION This Lease is sUQject to Lessee obtaining financing from or through a local fmancial institution on prevailing terms for no less than eighty percent (80%) of the cost of the Project on or before June 22, 2004. Page 17 of27 CITY OF DUBUQUE, row A, Lessor By its Mayor ~~SINO HOTEL, L.L.C., BY~~",,~_. DUBUQUE RACING ASSOCIATION,LTD, (nDRAn) For purposes of Articles 25, 26, 27 and 28 only /) . ~~~~- ./~. / By its authorized representative Page 180[27 EXHIBIT "A" LEGAL DESCRIPTION OF DEl\fiSED PREl\fiSES That portion of the following-described real estate consisting of approximately one acre depicted on the drawing attached to this Exhibit "A" and by this reference made a part hereof: A parcel ofland containing 43.73 acres, more or less, located on Chaplain Schmitt Memorial Island, lying immediately north of the Iowa-Wisconsin Bridge as set forth on the plat attached hereto and made a part hereof and suqject to a utility and roadway easement located on and about the southerly property line, a roadway easement located on and about tbe easterly property line, and a roadway easement on and about tbe westerly property line. [Exact legal description to be supplied later.] Lessor and Lessee agree to amend this Exhibit A upon determination of the exact location and extent of the Improvements and determination oftbe legal description. Lessor and Lessee intend that the Demised Premises shall initially consist of approximately one acre upon which the Phase I Improvements shall be constructed and that the Demised Premises shall be enlarged by the area necessary for the construction of the Phase II Improvements, if so constructed. Page 19 of27 SCHEDULE ATTACHED TO EXlIIBIT "A" [Need exhibit before city council action] [Drawing of footprint of Demised Premises upon which hotel and restaurant are to be constructed and Lessee's employee parking area.] [This Schedule shall show the planned/approximate area of the Phase I and Phase II parking areas.] Page 20 of 27 I .....MOI1nl:>nsna 1310H L am :~I,1m ,I, , >- h 'l: kl,' 'iliH. F i ~ ~ 1'1.1 II I'iI" 'I a; 5 m 11'1'i!I!!~I!'ii!~! I II II' I I a: Cl n."I.mn ,I, , ,I. IE I II ~ I I . r. I ~! hll ill ! I I . z ~ ~l l ~: ~: (~I ~I II- II- f I' I II- I ~ '" ~. "'" <..:.. I ~ c .r.. ... ~ /..............---- / I / / / i I , 1...., / i / i i / ! ~ ! i ~ , , / , ;' I / I I / I I / , I / I I / / / ; I ;' i / I I I ~f Ii 11 1 -'. -~ j/ -1 ~ ~ ~ "- '" ~ ~ .... ........ N .k:j ,........- .-..--..,.... EXHIBIT "B" PHASE I IMPROVEMENTS [Need exhibit before city council action] Lessee shall construct on the Demised Premises at Lessee's option either a Sheraton Four Points or Hilton Gardens Hotel, and a casual fine dining restaurant. [Exact description of Phase I Improvements to be provided later]. Lessee shall commence construction of the Phase I Improvements by no later than August 1,2004, and the Phase I Improvements shall be substantially complete by no later than July 1, 2005. Plans and specifications with respect to the Improvements and the construction of the Improvements shall be in substantial conformity with all applicable State and local laws and regulations. Lessee shall submit to Lessor, for approval by Lessor, plans, drawings, specifications, and related documents with respect to the Improvements to be constructed by Lessee on the Demised Premises. All work with respect to the Improvements shall be in substantial conformity with the construction plans approved by Lessor and shall be coordinated with any Lessor improvements in the general vicinity of the Demised Premises. The Improvements shall include an indoor pool and hot tub. Lessee shall use its best efforts to maintain its affiliation with rSheraton Four Points or Hilton Gardens Hoten during the Initial T= and the extension referred to in Par. 1.1. Lessor shall have the right in its sole discretion to approve any change in such affiliation and no such change or attempted change by Lessee shall be effective without Lessor's prior written approval. Page 21 of27 EXHIBIT "C" PARKING USE AGREEMENT - SEE ATTACHED Page 22 of27 EXHIBIT "D" PHASE IT IMPROVEMENTS [Need exhibit before city council action] [Additional 100 rooms.] (Exact specifications for these additional 100 rooms to be provided later.] Plans and specifications with respect to the Improvements and the construction of the Improvements shall be in substantial conformity with all applicable State and local laws and regulations. Lessee shall submit to Lessor, for approval by Lessor, plans, drawings, specifications, and related documents with respect to the Improvements to be constructed by Lessee on the Demised Premises. All work with respect to the Improvements shall be in substantial conformity with the construction plans approved by Lessor and shall be coordinated with any Lessor improvements in the general vicinity of the Demised Premises. Page 23 of 27 INSURANCE SCHEDULE INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE CITY OF DUBUQUE I. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A of better in the current A.M. Best Rating Guide. 2. All policies of insurance shall be endorsed to provide a thirty (3 0) day advance notice of cancellation to the City of Dubuque if cancellation is prior to the expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. 3. Lessee shall furnish a Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such certificates shall include copies of the following policy endorsements: a) Thirty day notice of cancellation to the City of Dubuque. b) Commercial General Liability policy is primary and non-contributing. c) Commercial General Liability additional insured endorsement. d) Governmental Immunity Endorsements. e) Waiver of recovery under workers compensation. 4. Each certificate shall be submitted to the Finance Department of the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. Lessee shall be required to carry the following minimum coverage/limits or greater if required by law or other legal agreement: a) COMMERCIAL GENERAL LIABILITY General Aggregate Limit Products-Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (anyone occurrence) Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 This coverage shall be written on an occurrence, not claims made, form per location. All deviations or exclusions from the standard ISO commercial general liability form CG 0001 or Page 24 of27 Business owners form BP 0002 shall be clearly identified. Governmental Inununity Endorsement identical or equivalent to form attached. An additional insured endorsement identical or equivalent to ISO Form CG 2026 or CG 20 11 and include as additional insureds: "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." b) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: $100,000 each accident $100,000 each employee-disease $500,000 policy lirnit-disease Policy shall include an endorsement waiving right of recovery against City of Dubuque. c) UMBRELLAlEXCESS LIABILITY $ 4,000,000 LIQUOR OR DRAM SHOP LIABILITY $ 1,000,000 Coverage to be determined on a case-by-case basis by Finance Director. Page 25 of27 POLICY NUMBER COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person Or Organization: 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. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section m is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. Copyright. Insurance Services Office. Inc. 1994 CG 20 261185 Page 26 of27 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurance carrier 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 ofIowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shaH 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 insurance carrier. 4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shaH 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. F:\wPDOCS\MlsIy\DOCS\Clty ofDubuquc. DBQ c..iao Holel Lcuc AllfllCZDCDt BJK Fin&l.wpd Page 27 of 27 D7l~~E ~<k~ MEMORANDUM DATE: August 23, 2005 TO: Jeanne Schneider City Clerk Kim B. Waddin~ Police Chief ~ FROM: RE: Liquor License Renewal Approvals INTRODUCTION The purpose of this memorandum is to recommend the approval of the liquor license renewals for Grape Harbor 123 Main, Five-Point Mart 405 Rhomberg, Walmart #2004 4200 Dodge Street, and Cafe Manna Java 269 Main. BACKGROUND Attached is the Dubuque Police Department Liquor Establishment Inspection form for each of the above businesses. Each business is evaluated regarding calls for service related to the individual and business citations/arrests concerning alcohol related violations. DISCUSSION Of the four establishments requesting renewal, none experience citations/arrests in the past year associated with any liquor license violations. The calls for service appear appropriate for their business type with Walmart showing largest number as a large box retailer. 30 240 o o o o RECOMMENDATION We recommend approval of the liquor license renewals for Grape Harbor 123 Main, Five-Point Mart 405 Rhomberg, Walmart #2004 4200 Dodge Street, and Cafe Manna Java 269 Main. ACTION REQUESTED The action requested is City Council consideration to approve the liquor license renewals for Grape Harbor 123 Main, Five-Point Mart 405 Rhomberg, Walmart #2004 4200 Dodge Street, and Cafe Manna Java 269 Main. DATE: ~~~E ~<k~ MEMORANDUM Sept~mber 1, 2005 FROM: Jeanne Schneider City Clerk Kim B. Wadding /f) I'\ Police Chief lfi'J TO: RE: Liquor License Renewal Approvals INTRODUCTION The purpose of this memorandum is to recommend the approval of the liquor license renewals for P.S. I Love You 730 Main, Ron's Discount Smokes & Beverage Center 1701 John F. Kennedy Road, Eurpoa Haus 1301 Rhomberg, Carlos O'Kelly's Mexican Cafe 1355 Associates Drive, The Grand Tap 802 Central Avenue, Channel Inn Restaurant 2010 % Kerper Blvd, Rainbow Lounge 36 West 4th Street, and Puff 'N Snuff 1101 Rhomberg Avenue. BACKGROUND Attached is the Dubuque Police Department Liquor Establishment Inspection form for each of the above businesses. Each business is evaluated regarding calls for service related to the individual and business citations/arrests concerning alcohol related violations. DISCUSSION Of the seven establishments requesting renewal, none experience citations/arrests in the past year associated with any liquor license violations. The calls for service appear appropriate for their business type. o o o o o o 15 o o o o o o o o o o o o o o Puff 'N Snuff had 15 calls for services, with six handled by the responding officer. Six offense reports filed with three field reports completed. The calls for service include four thefts, one disturbance (kids), two tobacco compliance, four suspicious persons/ vehicles, one criminal mischief, one burglary, one warrant service and one animal complaint. RECOMMENDATION We recommend approval of the liquor license renewals for P.S. I Love You 730 Main, Ron's Discount Smokes & Beverage Center 1701 John F. Kennedy Road, Eurpoa Haus 1301 Rhomberg, Carlos O'Kelly's Mexican Cafe 1355 Associates Drive, The Grand Tap 802 Central Avenue, Channel Inn Restaurant 2010 % Kerper Blvd, Rainbow Lounge 36 West 4th Street, and Puff 'N Snuff 1101 Rhomberg Avenue. ACTION REQUESTED The action requested is City Council consideration to approve the liquor license renewals for P.S. I Love You 730 Main, Ron's Discount Smokes & Beverage Center 1701 John F. Kennedy Road, Eurpoa Haus 1301 Rhomberg, Carlos O'Kelly's Mexican Cafe 1355 Associates Drive, The Grand Tap 802 Central Avenue, Channel Inn Restaurant 2010 % Kerper Blvd, Rainbow Lounge 36 West 4th Street, and Puff 'N Snuff 1101 Rhomberg Avenue. DUBUQUE POLICE DEPARTMENT LIQUOR ESTABLISHMENT INSPECTION DPD # - CASE #: TIME: DATE: ESlabliShmentl11lrU 0 '~. ~ Address: Licensee: Address: PURPOSE OF INSPECTION L3sS- ALUtrT~ ~ )-:~~ Routine / Yearly -D- Disturbance $ Report of Underage Persons Full Inspection Assist Other Agency Other (explain in narrative) _ License #: Issue Date: Expiration Date: Bartender: DOB: Address: Check Individual 123.46 5-7.2-a 5-7.2-a 123.47 123.49-3 723.4 Business 123.49-1 123.47-a 5-7.2-c 123.49-2-d 5-9 FIRE CODE Exit Signs Visible? Obstructions in Exits? Within Occupancy Load ? CHECK VIOLA T10NS THA T APPL Y Public Intoxication Person Under Age 21 in Bar After 9 P.M. (18-20 yrs old) Person Under Age 21 in Bar After 9 P.M. (under age 18) Underage Possession of Alcohol Misrepresent Age When Purchasing Alcohol Disorderly Conduct Individual Total: Serving Intoxicated Person Serving Persons Under Age 21 Allow Person Under Age 21 in Bar After 9 P.M. Liquor in Container Other Than Original Violation of Buffet Drinking Ordinance NO VIOLATIONS OBSERVED I Business Total: NARRATIVE: ( Explain reason(s) for inspection, Violations observed, List all expired permits) - NO v \oLAT\ON'5. NO\t.\) ~ t>,\D P6ULE CBU_S {:Dte SEK'\) j (J:; License Renewal Recommendation: ( If NO, explain) IjJ/fES 0 NO Officer: bor,e}1 Chief of Police : 70S Date: 08/3//0:;- If' ,/ Supervisor: I J 9/1(05 Date : I Referral Filed Y N Y N Y N D # OF VIOLA TIONS o t= T .DUBUQUE POLICE DEPARTMENT LIQUOR ESTABLISHMENT INSPECTION Establishment ~ LA< rhu u.J Address: ~ L~c;;r::~~ ;/k 0 If JJ:::o ) License #: f-<!, ) -g~h 7 Issue Date: Expiration Date: . i 1/ ~ ~ /) 5" DPD # - Bartender: DOB: Address: Check Individual 123.46 5-7.2-a 5-7.2-a 123.47 123.49-3 723.4 Business 123.49-1 123.47-a 5-7.2-c 123.49-2-d 5-9 CASE #: TIME: DATE: PURPOSE OF INSPECTION Routine / Yearly Disturbance Report of Underage Persons Full Inspection Assist Other Agency Other (explain in narrative) FIRE CODE Exit Signs Visible? Obstructions in Exits? Within Occupancy Load? CHECK VIOLA T10NS THA T APPL Y Public Intoxication Person Under Age 21 in Bar After 9 P.M. (18-20 yrs old) Person Under Age 21 in Bar After 9 P.M. (under age 18) Underage Possession of Alcohol Misrepresent Age When Purchasing Alcohol Disorderly Conduct Individual Total: Serving Intoxicated Person Serving Persons Under Age 21 Allow Person Under Age 21 in Bar After 9 P.M. Liquor in Container Other Than Original Violation of Buffet Drinking Ordinance NO VIOLATIONS OBSERVED NARRATIVE: ( Explain reason(s) for inspection, Violations observed, List all expired permits) I Business Total: - 1\.16 VIOLA\' \O\-..:l S. \\JOTEb - 0 '?6L\Lt (' ALLS, ~t< ~f=:~j'\c.E" License Renewal Recommendation: ( If NO, explain) DYES 0 NO Officer: Goneh ftSST . .Chief of Police : Bdg#: '705 Date: C\/i 2/OS- Supervisor: , r Date: I 0'1 II ~ /O-S-'; ~ Referral Filed Y N Y N Y N D # OF VIOLA TIONS o f_~~_""'" ~ . . ~ 'DUBllQUE POLICE DEPARTMENT LIQUOR ESTABLISHMENT INSPECTION / Establishment 0dA ~ ~ Address: ~ ~ Licensee:~~. ' ~&:v:- Address: ff License #: !tJ 922x J Issue Date: Expiration Date: DPD # - Bartender: DOB: Address: Check Individual 123.46 5-7.2-a 5-7.2-a 123.47 123.49-3 723.4 Business 123.49-1 123.47-a 5-7.2-c 123.49-2-d 5-9 CASE #: TIME: DATE: PURPOSE OF INSPECTION IO-/f-lb" , , Routine / Yearly Disturbance Report of Underage Persons Full Inspection Assist Other Agency Other (explain in narrative) FIRE CODE Exit Signs Visible ? Obstructions in Exits ? Within Occupancy Load ? CHECK VIOLA T10NS THA T APPL Y Public Intoxication Person Under Age 21 in Bar After 9 P.M. (18-20 yrs old) Person Under Age 21 inBar After 9 P.M. (under age 18) Underage Possession of Alcohol Misrepresent Age When Purchasing Alcohol Disorderly Conduct Individual Total: Serving Intoxicated Person Serving Persons Under Age 21 Allow Person Under Age 21 in Bar After 9 P.M. Liquor in Container Other Than Original Violation of Buffet Drinking Ordinance NO VIOLATIONS OBSERVED I Business Total: NARRATIVE: ( Explain reason(s) for inspection, Violations observed, List all expired permits) NO \I\OLA"IO~S. "-lD"TEI') t..JO POl..\c...E: LALlS FoR .s€RVI(_t: License Renewal Recommendation: ( If NO, explain) ~YES 0 NO Officer: Go r ('e.11 Chief of Police : Bdg#: 705 Date: 8. 8d - 0<:;;' Supervisor: Date: I , 'ilc)-)D{ --..._,"--~' ~ Referral Filed Y N Y N Y N D # OF VIOLA T10NS o DUBUQUE POLICE DEPARTMENT LIQUOR ESTABLISHMENT INSPECTION DPD # - CASE #: TIME: DATE: Establishment Bh_-1:4-h ~- Address: ~~~ / Licensee: ~ t ~ 4h 4 Address: License #: Issue Date: Expiration Date: ~ Bartender: DOB: Address: Check Individual 123.46 5-7.2-a 5-7.2-a 123.47 123.49-3 723.4 Business 123.49-1 123.47-a 5-7.2-c 123.49-2-d 5-9 PURPOSE OF INSPECTION '1,75"37 /o-4-o~ Routine / Yearly ~ Disturbance R.eport of Underage Persons -L.. Full Inspection Assist Other Agency ~ Other (explain in narrative) ---L- FIRE CODE Exit Signs Visible ? Obstructions in Exits ? Within Occupancy Load? ,O.AL ( Referral Filed Y N Y N Y N CHECK VIOLA T10NS THA T APPL Y Public Intoxication Person Under Age 21 in Bar After 9 P.M. (18-20 yrs old) Person Under Age 21 in Bar After 9 P.M. (under age 18) Underage Possession of Alcohol Misrepresent Age When Purchasing Alcohol Disorderly Conduct # OF VIOLA TIONS I g :~ Individual Total: 12., Serving Intoxicated Person Serving Persons Under Age 21 Allow Person Under Age 21 in Bar After 9 P.M, Liquor in Container Other Than Original Violation of Buffet Drinking Ordinance NO VIOLATIONS OBSERVED [!] I Business Total: NARRATIVE: ( Explain reason(s) for inspection, Violations observed, List all expired permits) 03/i5/05 - 'Ru51}..)€S-, l<,.Sof.t:) m.:r, i=D~ ALLOu.)It-..1(2 PE.RS~S.I.)~be 2.\ , I AFr8t q PM \~ A BAR AJ;1tR <1 PM J 3 .5UB'3ELTS. l:HfH<6E:C> wrnf AGE') i 5.oB::1UT L..HAl2C:iED v..>ITH ~t)~1 Ie. B SI.)~EC.TS. C..I~ ~ B'f..\\~ IN A BA~ POS $SlOt-.) 0 AL oL l.)~\':fR I ~ AI jty\'OX! c..ATlOrJ License Renewal ecommend~i'ln: L cN:- c.- ~k-, . Officer: Gorrel \ Chief of Police: ",,-^..\v- ~l ..,~ c,.co _ g/~%S Supervisor: , . Date : I '7/'1 /a! . DUBUQUE POLICE DEPARTMENT LIQUOR ESTABLISHMENT INSPECTION DPD # - CASE #: TIME: DATE: Establishment ~x.i?< -:?:~ / Address:~ 0 f Licensee~ j AiJ./i) fO~ Address: License #: fJ!.., Issue Date: Expiration Date: Bartender: DOB: Address: Check Individual 123.46 5-7.2-a 5-7.2-a 123.47 123.49-3 723.4 Business 123.49-1 123.47-a 5-7.2-c 123.49-2-d 5-9 PURPOSE OF INSPECTION j ~3LY~ )O-~ -o~' , Routine / Yearly Disturbance Report of Underage Persons Full Inspection Assist Other Agency Other (explain in narrative) FIRE CODE Exit Signs Visible ? Obstructions in Exits? Within Occupancy Load? CHECK VIOLA TIONS THA T APPL Y Public Intoxication Person Under Age 21 in Bar After 9 P.M. (18-20 yrs old) Person Under Age 21 in Bar After 9 P.M. (under age 18) Underage Possession of Alcohol Misrepresent Age When Purchasing Alcohol Disorderly Conduct Individual Total: Serving Intoxicated Person Serving Persons Under Age 21 Allow Person Under Age 21 in Bar After 9 P.M. Liquor in Container Other Than Original Violation of Buffet Drinking Ordinance NO VIOLATIONS OBSERVED I Business Total: NARRATIVE:' ( Explain reason(s) for inspection, Violations observed, List all expired permits) l-..\ (") V \ 0 l 1'\11 0 t..) <;. I\.)OTFl\ License Renewal Recommendation: ( If NO, explain) 1i:6. YES 0 NO Officer: ko rre-II Chief of Police: 7DB ~/\D/C~ I I Supervisor: J J e:j'I/O{ Date: Date: \ o Referral Filed Y N Y N Y N D # OF VIOLA T10NS o "DUBUQUE POLICE DEPARTMENT LIQUOR ESTABLISHMENT INSPECTION DPD # - CASE #: TIME: DATE: EstablishmentP~ {l- ~ PURPOSE OF INSPECTION Address: licensee:~ &~ Routine/Yearly ~ ~ Disturbance ~_ Address: //0/ _.. /U~ Report of Underage Persons -f-- Full Inspection _I-- License #: be c9.J Q~ / Assist Other Agency Issue Date: / Other (explain in narrative) ~ V Expiration Date: ) () .a/ -6::; FIRE CODE Referral Filed Bartender: Exit Signs Visible? Y N DOB: Obstructions in Exits? Y N Address: Within Occupancy Load ? y N Check Individual CHECK VIOLA TlONS THA T APPL Y # OF VIOLA TIONS - 123.46 Public Intoxication 0 - 5-7.2-a Person Under Age 21 in Bar After 9 P.M. (18-20 yrs old) - 5-7.2-a Person Under Age 21 inSar After 9 P.M. (under age 18) - 123.47 Underage Possession of Alcohol - 123.49-3 Misrepresent Age When Purchasing Alcohol - 723.4 Disorderly Conduct Business Individual Total: - 123.49-1 Serving Intoxicated Person - 123.47-a Serving Persons Under Age 21 - 5-7.2-c Allow Person Under Age 21 in Bar After 9 P.M. - 123.49-2-d Liquor in Container Other Than Original - 5-9 Violation of Buffet Drinking Ordinance \ II - NO VIOLATIONS OBSERVED NARRATIVE: I Business Total: D ( Explain reason(s) for inspection, Violations observed, List all expired permits) - NO V \ OLA" Oi.\.J( NO\F~ ,- ~ p()"L.\ { F. CAu..~ f='"o<< S,t=:g\J \(J~ (.2E.lfr 1E: D TO L.iQuOQ U( 'E.\:-,.),(,E License Renewal Recommendation: DYES 0 NO ( If NO, explain) Officer: Gone\! Bdg#: '(013 Date: or;,) 3 \ los- Supervisor: ~ , Chief of Police: \ I Date: I I