Peninsula Gaming Co. Patio Lease Extension Agreement
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MEMORANDUM
October 28, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Peninsula Gaming Patio Lease Extension Agreement
Peninsula Gaming Company has requested a short extension on the lease of the
Portside patio through November 30, 2004.
I respectfully request Mayor and City Council approval of that lease extension.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
PATIO LEASE EXTENSION AGREEMENT
This Patio Lease Extension Agreement ("Extension") is made and entered into this -
day of November, 2004, to be effective November 1, 2004, by and between the CITY OF
DUBUQUE, row A ("Landlord") and PENINSULA GAMING COMPANY, L.L.c. ("Tenant").
RECITALS
A. Landlord and Tenant entered into that certain Lease Agreement ("Lease") dated
April 5, 2004 with regard to the premises covered therein (the "Patio") for a term commencing
April 1, 2004 and ending October 31,2004 (the "term");
B. Tenant has requested a one month extension of the Term through and including
November 30, 2004 (the "Extension") to accommodate the storage and unloading of certain
cartons/containers containing slot machines which need to be unloaded and installed on Tenant's
gambling boat, and Landlord is agreeable to the Extension of the Lease for the foregoing
purpose; and,
C.
The parties desire to reduce their agreement with regard to the Extension to
writing.
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:
1. Extension. Landlord and Tenant agree to the Extension of the Term for the
limited purpose of the storage and unloading of certain cartons/containers containing slot
machines which need to be unloaded and installed on Tenant's gambling boat. Tenant shall pay
Landlord $3,571.43 as the rental for the Extension. The aforesaid rent payment shall be due
upon execution of this Extension by Landlord. Tenant agrees to safeguard the Patio during the
Extension and shall be responsible for the condition of the Patio during the Extension. Tenant
shall be responsible for the repair or the cost of repair of any and all damage to the Patio caused
by the storage and unloading ofthe cartons/containers and slot machines as contemplated by this
Extension, and shall cause such repairs to be made immediately upon discovery of such damage.
2. Confirmation. In all other respects, the parties confirm and ratify the terms and
conditions of the Lease, which shall continue in full force and effect through November 30,
2004, at which time the Lease, as extended herein, shall automatically terminate.
Dated this - day of November, 2004.
CITY OF DUBUQUE, IOWA, Landlord
By:
Terrance M. Duggan, Mayor
By:
Jeanne F. Schneider, City Clerk
PENINSULA GAMING COMPANY, Tenant
By:
Natalie Schramm, CFO
STATE OF IOWA
COUNTY OF DUBUQUE
)
) ss:
On this - day of November, 2004, before me, the undersigned, a Notary Public in
and for the State ofIowa, personally appeared Terrance M. Duggan and Jeanne F. Schneider, to
me personally known, and, who, being by me duly sworn, did say that they are Mayor and City
Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the city, and that the instrument was signed and sealed on
behalf of the city, by authority of its City Council, approved by the City Council of the City of
Dubuque, Iowa, on the - day of , 2004, and that they acknowledged
the execution of the instrument to be their voluntary act and deed and the voluntary act and deed
ofthe corporation, by it voluntarily executed.
Notary Public in and for State ofIowa
STATE OF IOWA
COUNTY OF DUBUQUE
)
) ss:
On this - day of November, 2004, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Natalie Schranun, to me personally known, who
being by me duly sworn did say that she is the CFO of said limited liability company and that
said instrument was signed (and sealed) on behalf of said limited liability company by authority
of its managers and the said Natalie Schranun acknowledged the execution of said instrument to
be the voluntary act and deed of said limited liability company, by it voluntarily executed.
Notary Public in and for State of Iowa
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PATIO LEASE EXTENSION AGREEMENT
This Patio Lease Extension Agreement ("Extension") is made and entered into this - day of
November, 2004, by and between the CITY OF DUBUQUE, lOW A ("Landlord") and PENINSULA GAMING
COMPANY, LLC. ("Tenant").
RECITALS
A. Landlord and Tenant entered into that certain Lease Agreement ("Lease") dated April 5, 2004 with
regard to the premises covered therein (the "Patio") for a term commencing April I, 2004 and ending October 31,
2004 (the "term");
B. Tenant has requested a one month extension of the Term through and including November 30,
2004 (the "Extension") to accommodate the storage and unloading of certain cartons/containers containing slot
machines which need to be unloaded and installed on Tenant's gambling boat, and Landlord is agreeable to the
Extension of the Lease for the foregoing purpose; and,
C.
The parties desire to reduce their agreement with regard to the Extension to writing.
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:
I. Extension. Landlord and Tenant agree to the Extension of the Term for the limited purpose of the
storage and unloading of certain cartons/containers containing slot machines which need to be unloaded and
installed on Tenant's gambling boat. Tenant shall pay Landlord $3,571.43 as the rental for the Extension. The
aforesaid rent payment shall be due upon execution of this Extension by Landlord. Tenant agrees to safegnard the
Patio during the Extension and shall be responsible for the condition of the Patio dnring the Extension. Tenant shall
be responsible for the repair or the cost of repair of any and all damage to the Patio caused by the storage and
unloading of the cartons/containers and slot machines as contemplated by this Extension, and shall cause such
repairs to be made immediately upon discovery of such damage.
2. Confirmation. In all other respects, the parties confirm and ratifY the terms and conditions of the
Lease, which shall continue in full force and effect through November 30, 2004, at which time the Lease, as
extended herein, shall automatically terminate.
Dated this - day of November, 2004.
CITY OF DUBUQUE, lOW A, Landlord
By:
Terrance M. Duggan, Mayor
By:
Jeanne F. Schneider, City Clerk
PENINSULA GAMING COMPANY, Tenant
By:
Natalie Schramm, CFO
STATE OF IOWA
COUNTY OF DUBUQUE
)
) ss:
On this - day of November, 2004, before me, the undersigned, a Notary Public in and for the State of
Iowa, personally appeared Terrance M. Duggan and Jeanne F. Schneider, to me personally known, and, who, being
by me duly sworn, did say that they are Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the
seal affIxed to the foregoing instrument is the corporate seal of the city, and that the instrument was signed and
sealed on behalf of the city, by authority of its City Council, approved by the City Council of the City of Dubuque,
Iowa, on the - day of ,2004, and that they acknowledged the execution of the instrument
to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for State ofIowa
STATE OF IOWA
COUNTY OF DUBUQUE
)
) ss:
On this - day of November, 2004, before me, the undersigned, a Notary Public in and for the State of
Iowa, personally appeared Natalie Schramm, to me personally known, who being by me duly sworn did say that she
is the CFO of said limited liability company and that said instrument was signed (and sealed) on behalf of said
limited liability company by authority of its managers and the said Natalie Schramm acknowledged the execution of
said instrument to be the voluntary act and deed of said limited liability company, by it voluntarily executed.
Notary Public in and for State of Iowa
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