1993 Resolution No. 319-93 Approving 2nd Amend to Lease Agreement Between City of Dbq and Dbq Racing Association ltd October 18 1993RESOLUTION NO. 319 -93
RESOLUTION APPROVING SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND THE DUBUQUE RACING ASSOCIATION, LTD., AND
CONSENTING TO THE TERMS AND PROVISIONS OF A SUBLEASE AGREEMENT
BETWEEN THE DUBUQUE RACING ASSOCIATION, LTD AND GREATER DUBUQUE
RIVERBOAT ENTERTAINMENT COMPANY, L.C.
Whereas, the City of Dubuque, Iowa (City) and Dubuque Racing Association,
Ltd. (Association) entered into a written Lease Agreement on February 28,
1990, which Lease Agreement was amended on July 23, 1990; and
Whereas, by reason of the termination effective April 1, 1993 of the
riverboat gambling Operating Agreement between the Association and the Dubuque
Casino Belle, Inc. and the entering into of a new Operating Agreement between
the Association and the Greater Dubuque Riverboat Entertainment Company, L.C.
(GDREC), it is necessary to further amend certain provisions of the Lease
Agreement; and
Whereas, Association now desires, pursuant to the Lease Agreement, to
sublease certain property to GDREC pursuant to a Sublease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Second Amendment to the Lease Agreement between the
City and the Association is hereby approved and the Mayor is authorized and
directed to sign the second amendment on behalf of the City.
Section 2. That the terms and provisions of the Sublease Agreement
between the Association and the GDREC are hereby approved and the Mayor is
authorized and directed to sign the consent to the Sublease Agreement on
behalf of the City.
Passed, approved and adopted this 18th
Attest:
af-f-hd-L
Mary . Davis
City' Jerk
y of October , 1993.
Post-ltTM brand fax transmittal memo 7671
•s E. Brady
Mayor
P.O. Box 3190
Dubuque, Iowa 52004-3190
October 13, 1993
Michael Van Milligen
City Manager's Office
City Hall
Dubuque, Iowa 52001
Dear Michael:
319/582-3647
800/373-3647
Enclosed are copies of executed documents which address changes to the lease
arrangements at the Ice Harbor which enables the new boat operator, the Greater
Dubuque Riverboat Entertainment Company, to begin operations.
These documents are: 1) a Second Amendment to the Lease Agreement between
the Dubuque Racing Association and the City of Dubuque; and 2) a Sublease
Agreement between the DRA and the GDREC.
At a meeting of the Dubuque Racing Association held on Tuesday, October 12,
both of these documents were approved by the DRA Board of Directors, and at
that time the Board asked that these documents be forwarded to the City for the
necessary concurrent approvals.
Both of these documents require the consent and approval of the City; therefore, I
would ask that you place these documents on the next City Council Meeting's
agenda, and would respectfully ask that the City approve these documents.
Sincerely,
Bruce W. Wentworth
General Manager
Dubuque Racing Association
BWW/bap
City of Dubuque, Iowa
Dubuque Racing Association, Ltd.
Greater Dubuque Riverboat Entertainment Company,
L.C. (as successor to Dubuque Casino Belle, Inc.)
Roberts River Rides, Inc.
Dubuque County Historical Society.
The terms of said Ice Harbor Parking Agreement are
incorporated herein by reference. That portion of
the leased premises herein to be used for parking
has been designated as Parking Lot #1 and Parking
Lot #2 under said separate Parking Agreement.
Lessor and Lessee acknowledge that under the terms
of said separate Parking Agreement customers and
patrons of Roberts River Rides, Inc. shall also
have the nonexclusive right to park upon Parking
Lot #1 and Parking Lot #2 during the term of the
Lease Agreement between the City of Dubuque and
Roberts River Rides, Inc.
(b) Unless jointly agreed to by Lessor, Lessee and the
City of Dubuque,Iowa, no parking fees or charges
shall be assessed to customers and patrons of
Lessee and Roberts River Rides, Inc. for parking
upon Parking Lot #1 and Parking Lot #2, as
identified in the separate Parking Agreement
referred to in subparagraph (a) above. By this
provision it is agreed that such customers and
patrons may park upon Parking Lnt #1 and parking
Lot #2 free of charge unless the parties hereto and
the City of Dubuque jointly agree to levy or assess
a parking fee.
(c) Lessee shall provide and maintain, at its expense,
adequate fire and casualty insurance upon the light
standards located upon the parking area, and upon
any ticket sale building facility constructed
pursuant to paragraph 2 above, and upon any other
property located upon the leased premises which
would normally be insured for fire and casualty
purposes.
(d) Lessee, at Lessee's expense, shall be responsible
for the supervision of usage of Parking Lot #1 and
Parking Lot #2 and also for maintaining adequate
security upon said parking areas. Lessee agrees,
in this regard, that Parking Lot #1 and Parking Lot
#2 shall be patrolled continuously during all
excursions, performances or other occasions when
customers and patrons of Lessee are parking upon
Parking Lots #i and #2 during non -daylight hours.
Lessee shall also be responsible, at Lessee's
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O'CONNOR 8 THOMAS, P.C.
ATTORNEYS AT LACY
FOIINoBD 1140
C[CARE PLAZA
700 LOCUST ST., SLATE 200
DusuQUE, Io1r'A 52001-6874
October 14, 1993
Mr. Bruce Wentworth
General Manager
Dubuque Racing Association, Ltd.
P. 0. Box 3190
Dubuque, IA 52004-3190
Dear Bruce:
PAGE.001
E. M+* tAi THOMAS
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TELEPHONE
DTI) Sf7-1400
TELECOl11!2.
ME) Sig -1147
You have requested that we slim,uarize , the effect of the
following lease -related documents, which are being submitted to the
City of Dubuque for approval:
1. Second Amendment to Lease Agreement between. City of
Dubuque, as Lessor, and Dubuque Racing:Association,
Ltd., as Lessee.
2. Sublease Agreement between Dubuque, Racing
Association,. Ltd., as Lessor, and Greater •Dubuque
Riverboat Entertainment Company, L.C., as Lessee..
The purpose of the Second Amendment to Lease Agreement with
the City of Dubuque is to allow Dubuque Racing Association to
sublease the Ice Harbor parking and dock facility. to Greater
Dubuque Riverboat Entertainment Company. Under the existing Lease
Agreement dated February 28, 1990 and amended July 23, 1990,
Dubuque Racing Association is permitted to sublease the leased
premises only to Dubuque Casino Belle, Inc., which sublease
agreement terminated April 1, 1993. The proposed Second Amendment
to Lease Agreement permits Dubuque Racing Associations to sublease
the property to Greater Dubuque Riverboat Entertainment Company
subject to the City's consent and also substitutes .*GDREC" in
several paragraphs of the Lease in place of "Dubuque. Casino Belle,
Inc." At paragraph 39 of the Lease, the City agrees and consents
OCT 14 '93 10:12 FROM O'CONNOR THOMAS PC PAGE.002
O'CONNOR 8 THOMAS, R C.
Mr. Bruce Wentworth
October 14, 1993
Page 2
to the construction by Dubuque Racing Association and GDREC of a
temporary and permanent building facility for ticket sales,
provided that the location, size and design of any such temporary
or permanent facility and related improvements will be subject to
the written Consent of the City and shall be'constructed and
maintained at no expense to the City.
The Sublease Agreement between Dubuque Racing Association and
Greater Dubuque Riverboat Entertainment Company is virtually
identical to the previous Sublease Agreement with Dubuque'Casino
Belle, Inc. except for the following:
(a)
(b)
.At paragraph 2, it is recognized that Greater
Dubuque Riverboat Entertainment Company' .may be
constructing a temporary or permanent building
facility for ticket sales.
At paragraph 6, both parties recognize .that Dubuque
Racing Association may possibly grant to Roberts
River Rides, Inc. the nonexclusive right to use the.
passenger loading dock in connection with::Roberts
River Rides' non -gam n1 ing excursion boat.
(c) The old Dubuque Casino Belle, Inc. lease .referred.
to certain site improvements, including the parking
areas and dock facilities. Since those have been
constructed, no corresponding language is required
in the new Sublease Agreement with Greater'Dubuque
Riverboat Entertainment Company.
Sincerely yours,
O'CONNOR & THOMAS, P.C.
By
GRN:sp
SECOND AMENDMENT TO LEASE AGREEMENT
This SECOND AMENDMENT TO LEASE AGREEMENT is made and entered
into this 18th day of October, 1993, between the CITY OF DUBUQUE,
IOWA, a municipal corporation, (hereinafter referred to as the
"City") and DUBUQUE RACING ASSOCIATION, LTD., an Iowa nonprofit
corporation, (hereinafter referred to as the "Association").
RECITALS:
A. On February 28, 1990, the parties entered into a written
Lease Agreement under which the Association, as Lessee, did lease
from the City, as Lessor, certain real estate. The location of the
real estate covered under Part B of said Lease is set forth and
shown in blue on Exhibit A attached hereto and by this reference
made a part hereof.
B. The February 28, 1990 Lease Agreement was amended by the
parties on July 23, 1990.
C. By reason of the termination, effective April 1, 1993, of
the riverboat gambling Operating Agreement between the Association
and the Dubuque Casino Belle, Inc. and the entering into of a new
Operating Agreemeni� heir;. cn� n the Assoc at' and GreaterDubuque
----' 7- ---• 1 1 Vll LLLJ../uque
Riverboat Entertainment Co., L.C., it is necessary to further amend
certain provisions of Part B of said Lease Agreement.
NOW, THEREFORE, in consideration of the mutual terms,
conditions and covenants set forth herein, it is agreed between the
parties that the existing Lease Agreement dated February 28, 1990,
as previously amended, shall be further amended as hereinafter set
forth.
1. Paragraph 34 is amended to read as follows:
34. Limited Transferability of Lease Agreement. It
is understood and agreed by the parties that the
Association may sublease all or any portion of the leased
premises to Greater Dubuque Riverboat Entertainment Co.,
L.C. (hereinafter referred to as "GDREC") for use as
parking and dock facilities incidental to the operation
of an excursion gambling boat. Any such sublease in
favor of GDREC shall be subject to the consent of the
City, which consent shall not be unreasonably withheld.
Such sublease shall be solely for the benefit of GDREC
and shall remain in force and effect only for as long as
GDREC is the excursion gambling boat operator designated
by the Association and licensed by the Iowa Racing and
Gaming Commission.
Except as set forth above, this Agreement shall not,
in any event, be transferred, assigned, sold, leased or
otherwise disposed of, in whole or in part, by any means
without the prior consent of the City as evidenced by a
resolution duly adopted by the City Council of the City
of Dubuque and then only under such conditions as the
City may establish. This Agreement shall be a privilege
to be held for the benefit of the public by the
Association.
2. Paragraph 35 is amended to read as follows:
35. License to Operate. It is intended that the
Association shall maintain a valid license issued by the
Iowa Racing and Gaming Commission to conduct gambling
games under Chapter 99F of the Iowa Code or under any
amendment to said statute. Nothing herein, however,
shall obligate the Association to maintain or renew any
such license in the event the Association's Agreement
with GDREC dated February 22, 1993, including all
amendments thereto, is terminated for any reason.
3. Paragraph 36 of the Lease Agreement is amended by
deleting all references to "Dubuque Casino Belle, Inc." and by
substituting in lieu thereof "GDREC".
4. Paragraph 38 of the Lease Agreement is amended by
deleting all references to "Dubuque Casino Belle, Inc." and by
substituting in l l eu thereof "GDREC"
5. Paragraph 39 of the Lease Agreement is amended to read as
follows:
39. Improvements. The Association shall not make
any betterments or improvements (excluding maintenance -
type matters) to the parking and dock facilities in an
amount exceeding $10,000.00 without the prior written
approval of the City. Notwithstanding the foregoing, the
City agrees and consents to the construction by the
Association and GDREC of a temporary facility and a
permanent building facility for ticket sales upon the
leased premises, provided, however, that the location,
size, and design of any such temporary and permanent
facilities, including related improvements, shall be
subject to the written consent of the City and shall be
constructed and maintained at no expense to the City.
6. Paragraph 40 of the Lease Agreement is amended by
deleting all references to "Dubuque Casino Belle, Inc." and by
substituting in lieu thereof "GDREC".
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7. Paragraph 42 of the Lease Agreement is amended by
amending the last subparagraph thereof to read as follows:
Notwithstanding the foregoing, it is agreed that
either party may terminate this Lease Agreement upon
thirty (30) days advance written notice in the event (a)
the Association fails to maintain or renew its license
from the Iowa Racing and Gaming Commission to conduct
gambling games on an excursion gambling boat or (b) the
Agreement between the Association and GDREC dated
February 22, 1993, including all amendments thereto, is
terminated for any reason.
Dated this 18th day of October, 1993.
ATTEST: CITY OF UBUQUE, IOWA
By:41, _Ad!
Mary,. Davis, City Clerk James E. Brady, Ma •''
sp\up\citydra.arm
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DUBUQUE RACING ASSOCIATION, LTD.
SUBLEASE AGREEMENT
This SUBLEASE AGREEMENT is made and entered into this 18th
day of October, 1993, between DUBUQUE RACING ASSOCIATION, LTD., an
Iowa nonprofit corporation, (hereinafter referred to as "Lessor")
and GREATER DUBUQUE RIVERBOAT ENTERTAINMENT COMPANY, L.C., an Iowa
limited liability company, (hereinafter referred to as "Lessee").
RECITALS:
A. By Lease Agreement dated February 18, 1990 and amended
July 23, 1990 and October 18 , 1993, DRA, as Lessee, is leasing
from the City of Dubuque, Iowa, as Lessor, certain parking and dock
facilities shown in blue on Exhibit "A" attached hereto and by this
reference made a part hereof, which property shall hereinafter be
referred to as the "leased premises." The February 28, 1990 Lease
between the City of Dubuque and DRA and all amendments thereto are
hereinafter referred to as the "City-DRA Ground Lease."
B. Lessor and Lessee have been licensed to conduct riverboat
gambling under Chapter 99F of the Iowa Code.
C. On February 22, 1993, the parties entered into an
Agreement setting forth their respective rights, duties and
obligations with regard to the operation of an excursion gambling
boat under Chapter 99F of the Iowa Code, which Agreement and all
amendments thereto are hereinafter referred to as the "DRA-GDREC
Operating Agreement."
D. One of the conditions precedent to the DRA-GDREC
Operating Agreement is the execution of a mutually agreeable
sublease between DRA, as lessor, and GDREC, as lessee, for the
parking and dock facilities currently leased by DRA from the City
of Dubuque, Iowa, and referred to at recital A above, as the leased
premises and from which the excursion gambling boat will be
operated.
E. DRA, as Lessor, has agreed to sublease under GDREC, as
Lessee, the leased premises, consisting of a dock site and
surrounding area to be used for parking, all as shown in blue on
Exhibit A attached hereto.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. TERM. The term of this Sublease shall commence on the
0 ) day of October, 1993 and shall terminate at 11:59 p.m. on
March 31, 2002.
Notwithstanding the foregoing and without regard to a default
by either party under this Sublease Agreement, it is agreed that
this Sublease shall automatically terminate immediately upon the
termination of the DRA-GDREC Operating Agreement. In addition, it
is agreed that either party may elect to terminate this Sublease
upon thirty (30) days' advance written notice to the other party in
the event either DRA's or GDREC's license to conduct riverboat
gambling under the provisions of Chapter 99F of the Iowa Code is
suspended, revoked, surrendered, or expires without renewal.
2. LEASE PREMISES. Lessor agrees to lease to Lessee, and
Lessee agrees to lease from Lessor, the real estate shown Exhibit
A attached hereto and designated in blue as the leased premises.
Lessee shall have the right and option, but not the
obligation, to construct upon the leased premises a temporary
ticket sale facility and a permanent building facility for ticket
sales. In this regard, the parties agree that:
(a) The location, size and design of any such temporary
facility or permanent building facility, including
related improvements, shall be mutually agreed upon
by Lessor and Lessee prior to the commencement of
construction and shall also be subject to the
advance written consent of the City of Dubuque;
(b) The cost of constructing a temporary ticket sale
facility shall be paid solely by Lessee.
(c) The cost of construction of a permanent building
facility for ticket sales and all related expenses,
including utility hook-ups, shall be divided
between Lessor and Lessee as they shall mutually
agree prior to the commencement of construction.
If Lessor and Lessee cannot agree as to cost
sharing, then the issue of cost sharing shall be
submitted to arbitration under the provisions of
paragraph 6 of the DRA-GDREC Operating Agreement.
3. RENTAL. Lessee shall pay to Lessor an annual rental for
the leased premises in the sum of $1.00, Such rental payment shall
be payable on the lease commencement date and on or before April 1
of each succeeding year.
4. PARKING MATTERS AND MAINTENANCE OF LEASED PREMISES. With
respect to that portion of the leased premises which is designated
for parking and other purposes, the parties agree as follows:
(a) The identification and allocation of certain
parking rights are established and set forth in a
separate Ice Harbor Parking Agreement dated the 2nd
day of July, 1990, among the following parties:
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expense, for the supervision of usage and adequate
security upon all other portions of the leased
premises, including the dock facilities. Lessor
and the City of Dubuque, Iowa, shall have no
responsibility for supervision of usage and
security with respect to any portion of the leased
premises.
(e) Lessor and the City of Dubuque, Iowa, shall be
fully responsible, at their expense, for the
following with respect to Parking Lot #1, Parking
Lot #2 and the remaining portion of the leased
premises, including dock facilities:
Snow plowing
Mowing and landscaping
Sweeping Parking Lots #1 and #2 no less than two
times per week, unless weather conditions prevent
sweeping
Expense of lighting the parking areas
All necessary repairs to Parking Lots #1 and #2 and
to the dock facilities
Lessee shall not be required to pay anycosts or
expenses with respect to the foregoing items; but
Lessee shall be responsible for the day-to-day
cleaning and removal of litter at Lessee's expense.
As between ueSSor and the City
iLy 0f Dubuque,
1ULL_LLe, Iowa, it
is agreed that for each lease year ending on March
31, the above listed expenses for which Lessor and
the City of Dubuque, Iowa, are responsible shall be
paid and allocated as follows:
(1) The initial $15,000 of expense for the above
items shall be paid by the City of Dubuque.
This payment, in effect, grants Lessor a
credit for the $15,000 which it is required to
deposit each year to the depreciation and
improvement fund under paragraph 31 of the
City-DRA Ground Lease and regardless of
whether or not for any given year the funds in
said depreciation and improvement fund are
actually expended and used and applied for
extraordinary maintenance and/or repair.
(2) All remaining expense shall be paid 50% by
Lessor and 50% by the City of Dubuque, Iowa.
By consenting to this Sublease Agreement, the City
of Dubuque, Iowa, expressly agrees to the terms and
provisions of this paragraph 4.
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(f)
Subject to the provisions of subparagraphs (a)
through (e) inclusive set forth above, all other
matters and policies concerning parking upon the
leased premises shall be deteLwined by Lessee's
Board of Directors.
5. ASSIGNMENT OR SUBLEASE. Lessee may not assign its rights
under this Sublease nor sublet all or any portion of the leased
premises without the express written consent of Lessor and the City
of Dubuque, Iowa.
6. USE OF LEASED PREMISES. Subject to the parking rights of
customers and patrons of Roberts River Rides as set forth in the
separate Parking Agreement referred to in paragraph 4(a) above, the
leased premises and facilities and improvements thereon shall be
used by Lessee for the sole purpose of conducting operations
related to riverboat gambling under Chapter 99F of the Iowa Code
and in accordance with the terms and conditions of riverboat
gambling licenses granted to Lessor and Lessee by the Iowa Racing
and Gaming Commission. Lessee agrees that it will at all times
conduct operations on the leased premises without regard to race,
color, age, disability, creed, religion, national origin or sex;
provided, however, that Lessor and Lessee may, pursuant to the DRA-
GDREC Operating Agreement, prepare and promulgate,rules for the
purpose of regulating the conducting of gambling games upon a
riverboat consistent with regulations of the Iowa Racing and Gaming
Commission. Lessee acknowledges and agrees that Lessor may,
through a Nonexclusive Sublease Agreement, grant to Roberts River
Rides, Inc. and its customers and invitees the nonexmlusivP right -
to use the passenger loading dock in connection with its non -
gambling excursion boat business. The final draft of any such
Nonexclusive Sublease Agreement between Lessor and Roberts River
Rides Inc. shall be subject to Lessee's consent.
7. INSPECTION OF PREMISES BY CITY. Pursuant to paragraph 37
of the City-DRA Ground Lease, an authorized representative of the
City, as designated in writing by the City Manager, shall have the
right to enter and shall have access to all parking and dock
facilities, whether or not events are in operation, at all
reasonable times and for all reasonable purposes, in furtherance of
the City's responsibility to the public for the operations of the
excursion gambling boat and riverboat gambling operations, but only
as long as any such entry does not unreasonably interfere with
Lessee's right to quiet occupancy. The City's right of entry and
access shall be subject to any applicable rules and regulations of
the Iowa Racing and Gaming Commission.
Also, pursuant to paragraph 7 of the DRA-GDREC Operating
Agreement, one or more of Lessor's designated representatives shall
have the right at any time to inspect the leased premises upon one
(1) day's advance notification to Lessee.
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8. ADDITIONAL IMPROVEMENTS. Lessee shall not make any
betterments or improvements to the parking and dock facilities in
an amount exceeding $10,000 without the prior written approval of
Lessor and the City of Dubuque, Iowa.
9. LIABILITY INSURANCE AND INDEMNIFICATION. Except as to
any negligence of Lessor arising out of Lessor's obligations under
this Sublease and except as to the negligence of any other Lessee
of any portion of the leased premises, Lessee shall protect,
indemnify and save harmless Lessor from and against any and all
claims, suits, actions, loss, costs, damage and expenses occasioned
by, or arising out of, any accident or other occurrence causing or
inflicting injury and/or damage to any person or property,
happening or done in, upon or about the leased premises, or due
directly or indirectly to the tenancy, use or occupancy thereof, or
any part thereof, by Lessee, or any person claiming through or
under Lessee, or arising out of Lessee's failure to comply with or
perform any duty imposed on it by this Sublease.
Lessee shall maintain, throughout the term of this Sublease,
liability insurance insuring both Lessor and the City of Dubuque,
Iowa, with regard to all damages mentioned in this paragraph, in
the minimum amounts of:
(a) Five Hundred Thousand Dollars ($500,000) for bodily
injury or death to any one person;
(b) One Million Five Hundred Thousand Dollars
$1,500,000) for bodily injury nr death res l i -i ng
from any one accident;
(c) Five Hundred Thousand Dollars ($500,000) for
property damages resulting from any one accident;
and
(d) Five Million Dollars ($5,000,000) umbrella policy,
except that with respect to any building
constructed under paragraph 2 as a ticket sale
facility, the coverage amount of the umbrella
policy shall be Ten Million Dollars ($10,000,000).
Upon the effective date of this Sublease, Lessee shall furnish
proof to Lessor and to the City Manager of the City of Dubuque,
Iowa, that a satisfactory insurance policy has been issued by a
company acceptable to do business in the state of Iowa. Such
insurance policy
(e) shall be subject to the approval of Lessor and the
City Manager;
(f) shall name Lessor and the City of Dubuque, Iowa, as
additional insured;
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(g)
shall contain a provision that a written notice of
cancellation or material change in the policy shall
be delivered to Lessor and to the City Manager
thirty (30) days in advance of the effective date
thereof; and
(h) shall be filed with Lessor and the City Manager on
the effective date of this Sublease.
A cancellation or lapse of such policy without immediate approved
replacement shall be a material violation of this Sublease.
10. TERMINATION. In addition to the permitted reasons for
termination under paragraph 1 above, either Lessor or Lessee may
terminate this Sublease whenever it is determined that the other
party has failed to comply with the conditions of this Sublease.
A written notice of termination by Lessor or Lessee to the other
party shall specify the default and shall state that this Sublease
shall be terminated and forfeited sixty (60) days after the giving
of such notice unless the default is remedied within said 60 -day
period.
11. CONSENT OF CITY OF DUBUQUE. Pursuant to paragraph 34 of
the City-DRA Ground Lease, it is understood and agreed that this
Sublease is expressly conditional upon the written consent of the
City of Dubuque, Iowa.
12. NATURE OF RELATIONSHIP. The relationship created in this
Sublease is that of lessor and lessee, and each party shall be
liable for its own action and shall hold the other harmless from
any liability arising from the action of it or its agents or
employees.
13. COMPLIANCE WITH LOCAL AND STATE LAWS. Lessee, in the
occupancy, operation and management of the leased premises, shall
comply with all applicable federal, state and local laws (including
maritime laws) and also including, without limitation, all
applicable provisions of the Code of Ordinances of the City of
Dubuque, the Code of Iowa, and the Administrative Code of the State
of Iowa.
14. NOTICE, Both Lessor and Lessee shall give prompt notice
in writing to the other party of any adverse development, financial
or otherwise, which would materially affect the use and operation
of the leased premises and riverboat gambling.
15. RIGHT OF INTERVENTION. Lessor, Lessee, and the City of
Dubuque shall have the right of intervention in any suit or
judicial or regulatory proceeding in which any of them is a party
and which may affect the rights of Lessor, Lessee or the City of
Dubuque. Neither Lessor nor Lessee shall oppose any such
intervention.
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16. SEVERABILITY. If any of the provisions of this Sublease
or any application thereof to any person or circumstances shall be
held invalid by judicial decision, the invalidity shall not affect
other provisions or application of this Sublease which can be given
effect without the invalid provision or application, and to this
end and extent the provisions of the Sublease are severable.
17. MAILING ADDRESSES. Notice to Lessor and to Lessee shall
be sent by certified mail as follows:
If to Lessor: President
Dubuque Racing Association, Ltd.
P.O. Box 3190
Dubuque, IA 52001
with a copy to: General Manager
Dubuque Greyhound Park
P. O. Box 3190
Dubuque, IA 52001
If to Lessee: Joseph P. Zwack
Greater Dubuque Riverboat
Entertainment Company, L.C.
P.O. Box 1683
Dubuque, IA 52004
or to such other address as either party shall, by written notice,
request.
18. ENTIRE AGREEMENT. This Sublease contains the entire
agreement between Dubuque Racing Association, Ltd., as Lessor, and
Greater Dubuque Riverboat Entertainment Company, L.C., as Lessee,
and any statements, inducements or promises not contained herein
shall not be binding upon the parties.
19. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. If in the
future any real estate taxes or special assessments are levied with
respect to the leased premises, all such taxes and special
assessments shall be timely paid by Lessee.
20. MEMORANDUM FOR RECORDING. The parties mutually agree
that this Sublease shall not be recorded but that if requested by
either party, a Memorandum of this Sublease shall be executed and
filed of record for title purposes.
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TRAIT SI,fI SS I f'N REPORT
1-319-589-4140
PHONE/TTI NO. 91022213197538101//92-
DATE AND TIME 09-14 03_:08PM
DURATION10' 34
IVIO D E
PAGE
RESULT GOOD
I l'k:-rhr-+J{Ik-I t rd Yr''t!Yi _.clrk R.f 1,d r 1 3
Dated this 0 day of October, 1993.
DUBUQUE RACING ASSOCIATION, LTD.,
Lessor
GREATER DUBUQUE RIVERBOAT
ENTERTAINMENT COMPANY, L.C.
Lessee
By:
CON
ack, Managing Member
The City of Dubuque, Iowa, a municipal corporation, does
hereby consent to the terms and provisions of the foregoing
Sublease Agreement between Dubuque Racing Association, Ltd., as
Lessor, and Greater Dubuque Riverboat Entertainment Company, L.C.,
as Lessee.
Dated this 18th day of October, 1993.
CITY OF UBUQUE, IOWA
By: G��°
Attest:
Mary !,i�. Davis, Clerk
sp\up\dragdrec.sub
-9-
Mayor