Diamond Jo Parking Lot AgreementINDEMNIFICATION AGREEMENT
Whereas the City of Dubuque (City) is the owner of the parking lot and
adjacent area shown on Exhibit A attached hereto (the Project Area); and
Whereas, the parking lot in the Project Area is leased to the Dubuque
Racing Association and subleased to Peninsula Gaming Company, LLC
(Peninsula); and
Whereas City intends to construct certain improvements in the Project
Area, including the parking lot; and
Whereas Peninsula has agreed to grant the City access to the parking lot
portion of the Project Area with the following understandings and agreements:
· Lot to be closed no more than one business day - - Monday or
Tuesday only;
· City will remove all curbing, patch the areas in which curbing was
removed, resurface and restripe the lot to provide angled parking
so that the lot is usable again within 24 hours. No new curbing will
be installed at this time;
· City will install attractive wrought iron or similar fencing around the
parking lot to separate it from the traveled roadway within ten (10)
days after the commencement of the work to be performed;
City will mark flow of traffic with arrows painted on the pavement
surface;
· City will provide ingress and egress at both ends of the parking lot
to accommodate the anticipated closing of a portion of the traveled
roadway to permit work to be done by the City on the road way
which will block off the road way beyond the Diamond Jo entrance
for no longer than three days;
· City will, within ten (10) days after commencement after the work to
be performed by the City, provide appropriate bases or planting
protection around the lights standards in the pa ,rkJng ~ot to protect
the standards;
and in consideration of such-grant, PeninSt. da has requested and Oity has agreed
that City will hold Peninsula harmless for such construction.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. Peninsula hereby grants City access to the parking lot in the Project
Area for the purpose of the construction of certain improvements in accordance
with the understandings and agreements set forth above.
2. In consideration for Peninsula's grant of access, City agrees to defend,
indemnify and hold Peninsula, its officers, agents and employees, from and
against any and all claims and expenses of any kind that adse out of or are
related to the negligence of City, its officers, agents and employees, in the
design, construction and maintenance of the improvements in the Project Area.
Dated this ~day' of June, 2003.
CITY OF DUBUQUE, IOWA
Terra(l~e M. Duggan, M~t~f
PENINSULA, GAMING COMPANY, LLC