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Signed Contract_Platinum Hospitality Third Amendment to Facility Agreement for Grand River CenterCopyrighted May 4, 2020 City of Dubuque Consent Items # 11. ITEM TITLE: Signed Contracts(s) SUMMARY: Strand Associates Task Order No. 20-10 for SCADA assistance at the Water & Resource Recovery Center (W&RRC); Platinum Hospitality Group, LLC Third Amendment to Facility Management Agreement for the Grand River Center. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Strand Associates SCADA Task Order 20-01 Platinum Hospitality Group, LLC 3rd Amendment to GRC Facility Agreement Type Supporting Documentation Supporting Documentation THE CITY OF DUB JE Masterpiece on the Mississippi Dubuque bCetrl AIMAIq City 11111! 2007.2012.2013 2017.2019 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Third Amendment to Facility Management Agreement Between the City of Dubuque, Iowa and Platinum Hospitality Group, LLC Executed DATE: April 29, 2020 INTRODUCTION The purpose of the memorandum is to share the executed copy of the Third Amendment to Facility Management Agreement Between the City of Dubuque, Iowa and Platinum Hospitality Group, LLC. BACKGROUND June 4, 2001 the City entered into an agreement for private management of the Grand River Center with Platinum Hospitality Group, LLC. The agreement was for a ten-year period commencing six months prior to the date of the opening of the facility. The Grand River Center opened October 25, 2003. The City Council extended the agreement to May 25, 2013 as negotiations for a new agreement were held. The term of the current agreement commenced May 26, 2013 for a three-year term which was allowed to auto -renew May 26, 2016 for another three-year term. A second amendment was approved with a term until May 25, 2020. DISCUSSION Senior Counsel Barry Lindahl drafted and reviewed the Third Amendment. A Third Amendment to the Agreement was presented to and signed by Platinum Hospitality Group LLC and signed by that would continue their management of the Grand River Center for a one-year timeframe to May 25, 2021. This signed Third Amendment was presented to you as City Manager and you authorized me to sign this Amendment on your behalf as is the City approved COVID-19 procedure. ACTION REQUESTED This memorandum is for informational purposes and is being placed on the City Council's signed contracts and agreements agenda item on the consent agenda. attachment cc: Senior Counsel Barry Lindahl City Attorney Crenna Brumwell 2 THIRD AMENDMENT TO FACILITY MANAGEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND PLATINUM HOSPITALITY GROUP, LLC This THIRD AMENDMENT TO THE FACILITY MANAGEMENT AGREEMENT is dated for reference purposes thea day of litre *1 , 2020. WHEREAS, the City of Dubuque (City) and Platinum Hospitality Group, LLC (Manager) are parties to a Facility Management Agreement (Agreement) dated for reference purposes the 20th day of May, 2013; and WHEREAS, the parties amended the Agreement by amendment dated April 4, 2016 and March 18, 2019; and WHEREAS; the parties now desire to further amend the Agreement as set forth herein: 1. Section 4.1 is amended to read as follows: On May 1, 2021, City shall contribute to Manager an amount (the "Hotel/Motel Amount') equal to twenty-five (25%) of the actual Hotel/Motel tax generated by the Hotel (adjacent to the Facility) in the previous twelve (12) month period. Payments owed hereunder shall be prorated for any partial years under this Agreement. 2. Section 9 is amended to read as follows: TERM. The term of this Agreement commences May 26, 2020 and runs for one (1) year, terminating at midnight May 25, 2021 unless earlier terminated as set forth herein. 3. Section 10.1 is amended to read as follows: Termination 1NitboutCause. This Agreement may be terminated by either party hereto, without cause, upon six (6) months written notice to the other party. 4. Section 13 is amended to read as follows: 13.17 The City's Leisure Services Manager and the Manager's President and CEO will meet quarterly to discuss the conditions and operations at the Facility. In addition to these quarterly meetings, the Leisure Services Manager's designee and the 04242bbai Manager's President and CEO's designee will meet at least bi-monthly and more if requested to discuss the conditions and operations at the Facility. CITY OF DUBUQUE, IOWA PLATINUM HOSPITALITY GROUP, LLC By: WPAU.Or �� c Michael C. Van Milligen City Manager �n deG,S%Lh l i�Z� ve-ed�J '/ /4.77- r 4100444-10-1qty,"?-2f 024U S /lames " Rix, + anager 2