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Dbq River Rides Lease Extension *- DUB U QUE RIVER RIDES October II, 2004 To the Mayor and City Council City of Dubuque City Hall Dubuque, IA 52001 Dear Mayor and Council Members: I am the President and Chief Executive Officer of Dubuque River Rides, Inc. Our company is a party to a Lease between the City of Dubuque and Roberts River Rides, Inc., dated March 4, 1991, which was assigned to our company, then known as the Spirit of Dubuque, Inc. on May 3, 1994, and which is due to expire on December 31, 2004, unless extended under the terms of the Lease. Pursuant to paragraph 2 of Article I of the Lease, we may elect to extend the Lease on the same terms and conditions for an additional eight-year term, by giving the City written notice of such extension not less than ninety days prior to the termination date of the initial term. We realize that the ninety day notice period expired on September 30,2004. However, due to a variety of circumstances, including the absence of our corporate counsel from town due to the death of an immediate family member, we inadvertently missed the expiration of the notice period. It has always been our intention to extend this Lease. In fact, less than one year ago we executed an Amendment to Lease Agreement revising certain provisions of the Lease, which Amendment was approved by the City Council. We therefore respectfully request that the City of Dubuque excuse this inadvertent error, and agree to accept this written notice of our intention to extend the Lease for the additional eight-year period provided in the Lease. Thank you for your attention to this matter, and if you have any questions, please do not hesitate to contact us. -ñrelY, 4/h/Z- Nanc~ster President and Chief Executive Officer Cc: Barry Lindahl Home of: SPIRIT of Dubuque' Miss Dubuque' Ice Harbor Galley 3rd Street Ice Harbor, Port of Dubuque, IA 52001 563-583-8093 . FAX 563-585-0634 www.dubuqueriverrides.com . email: boats@dubuqueriverrides.com