Ice Harbor Parking Agreement
CITY OF DUBUQUE, IOWA
MEMORANDUM
May 10, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Ice Harbor Parking Agreement
Administrative Services Manager Pauline Joyce is recommending approval of an
amended Ice Harbor parking agreement. This agreement will allow the development
of the River Discovery Center.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
J\tilm!
Michael C. Van Milligen
MCVM/dd
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Pauline Joyce, Administrative Services Manager
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CITY OF DUBUQUE, IOWA
MEMORANDUM
May 8, 2000
TO: Michael C. Van Milligen, City Manager
FROM: Pauline Joyce, Administrative Services Manager
SUBJECT: Ice Harbor Parking Agreement
The purpose of this memorandum is to forward a new Ice Harbor Parking
Agreement for City Council review and approval. This agreement replaces the
agreement signed July 2,1990 between the City of Dubuque, Dubuque Racing
Association, Ltd., Dubuque Casino Belle, Inc., Roberts River Rides, Inc., Spirit of
Dubuque, Inc. and Dubuque County Historical Society. The new parties to the
agreement are City of Dubuque, Dubuque Racing Association, Ltd., Peninsula
Gaming Corporation, LLC, Spirit of Dubuque, Inc. and the Dubuque County
Historical Society.
The new parking agreement includes the following changes:
. Lots 4 and 5 are removed from the parking agreement;
. The southern portion of lot 3 is modified to allow construction of the
River Discovery Center project and an efficient parking design;
. Lot 7 (lot donated to Dubuque County Historical Society) has been
added to the agreement and replaces the parking lost in lots 4 and 5
and the southern portion of lot 3 without restrictions;
. Language has been dropped from the Recitals that stated: The
current and proposed uses place a significant parking burden on the
District anticipated to exceed a parking requirement of 1,130 car
parking spaces or equivalent in car and bus parking spaces.
The Historical Society needs the revisions included in the new parking agreement
in order that it can proceed with construction drawings for the project and begin
construction in time for a 2002 opening. The new agreement and a revised lease
agreement with the City are also necessary for the Historical Society to qualify for
a major application to the Kresge Foundation and for continued consideration by
other donors. Once the parking agreement is approved by all parties, a new lease
agreement between the City of Dubuque and the Historical Society will be brought
forward for City Council review and approval.
To date the agreement has been signed by representatives of Peninsula Gaming
LLC, Dubuque County Historical Society and the Spirit of Dubuque, Inc. The
Dubuque Racing Association (DRA) is meeting May 23 and will have the
agreement on their agenda for review and approval. Once all signatures are
obtained, the agreement will be sent by DRA to the Iowa Racing and Gaming
Commission for action at their June 15 meeting.
cc: Mike Koch
Bob Schiesl
Laura Carstens
Jerry Enzler
Walt and Nancy Webster
Mike Luzich
Bruce Wentworth
REVISED
ICE HARBOR PARKING AGREEMENT
FOR
ICE HARBOR URBAN RENEWAL DISTRICT
This Ice Harbor Parking Agreement is made and entered into this _ day of
2000, between the City of Dubuque (City), Dubuque Racing Association, Ltd. (DRA), Peninsula
Gaming Company, LLC (Peninsula), Spirit of Dubuque, Inc. (Spirit) and the Dubuque County
Historical Society (Society).
RECITALS:
I. On December 18, 1989, the City Council adopted the Urban Renewal Plan for the
Ice Harbor Urban Renewal District (District).
2. One ofthe objectives of the Urban Renewal Plan is "development ofan adequate
support system for new and expanding river-related tourism activities" in the District including
parking facilities.
3. Ice Harbor development plans anticipate multiple uses in the District including
but not limited to excursion gambling boat, non-gambling boat river rides and dining, Iowa
Welcome Center, Fred W. Woodward Riverboat Museum, National Rivers Hall of Fame and
associated shops and parking facilities.
4. The Zoning Ordinance of the City of Dubuque establishes certain parking,
landscaping and permeable area requirements for the District.
5. The purposes of this Agreement are to identify the parking available in the
District, to establish how such parking is allocated and to have the principal parties agree to such
parking arrangement so that there is no misunderstanding or confusion about what parking is
available and how it is allocated and assigned.
6. The District parking lots are identified on the attached Exhibit A.
7. City leases property in the District to ORA for the operation of an excursion
gambling boat (City - DRA Lease).
8. City leases property in the District to Spirit for the operation of a nongambling
excursion boat (City - Spirit Lease).
9. DRA and Peninsula have an Operating Agreement for the operation of an
excursion gambling boat and related building with associated offices, lounge and shops (DRA -
Peninsula Operating Agreement) and DRA and Peninsula have a sub-lease for property leased by
City to DRA (DRA - Peninsula Sublease Agreement).
10. City leases property in the District to the Society and the Society owns property
for operating a Museum, Welcome Center and Hall of Fame (City - Society Lease).
IT IS AGREED AS FOLLOWS:
11. Parking Lot # I is owned by the City for purposes of providing parking for
Peninsula's excursion gambling boat. The parties agree that Lot #1 can be used by Peninsula for
purposes of providing parking for Peninsula's excursion gambling boat operations through
December 31, 2008. The parties agree that customers and patrons of Spirit may also park in
Parking Lot # 1, during the term of the City - Spirit Lease and any extension thereof.
Parking Lot # 1 contains parking for approximately 228 cars, 19 buses and 5 recreational
vehicles.
12. Parking Lot #2 is owned by the City and leased to DRA for sublease to Peninsula
for purposes of providing parking for Peninsula's excursion gambling boat. The parties agree
that customers and patrons of Spirit may also park in Parking Lot #2, during the term of the City
- Spirit Lease and any extension thereof. The DRA - Peninsula Sublease Agreement shall so
2
provide and the City shal1 consent thereto. Spirit's rights hereunder shal1 survive the term
of the City - DRA Lease and the DRA - Peninsula Sublease Agreement. ?
Parking Lot #2 contains parking for approximately 194 cars.
13. Parking Lot #3 is owned by the City of Dubuque and available on a nonexclusive,
first come-first Serve basis to the general public including but not limited to Customers and
employees of Peninsula and Spirit. It is further acknowledged that a primary USe of this lot wil1
be employee parking for Peninsula and Spirit.
Parking Lot #3 contains parking for approximately 101 cars. It is, hOwever, further
acknowledged that buses visiting the Riverboat Museum may from time to time park in this lot.
14. Parking Lot #6 is owned by the City of Dubuque. That portion of the lot south of
the railroad spur containing approximately 33 car parking spaces is leased to the Society (City _
Society Lease) for the exclusive Use of the Iowa Welcome Center. That portion north of the
railroad spur is assigned as overflow bus parking for Parking Lot #1, however, when not needed
for such purpose is available for Use by visitors to the Welcome Center.
15. Parking Lot #7 is owned by Society and available on a nonexclusive, first come-
first serve basis to the general public inclUding but not limited to Customers of Peninsula and
Spirit.
Parking Lot #7 contains approximately 280 car parking Spaces.
16. The Parties agree that Parking Lots # I, 2, 3, 6, and 7 shal1 be utilized as set forth
herein by the parties hereto and the general public, and no new commercial Use requiring
additional parking in the District shal1 be al10wed in the District until adequate additional parking
is provided by such new commercial Use.
3
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REVISED
ICE HARBOR PARKING AGREEMENT
FOR
ICE HARBOR URBAN RENEWAL DISTRICT
This Ice Harbor Parking Agreement is made and entered into this 2-3 day of mc'^i
2000, between the City of Dubuque (City), Dubuque Racing Association, Ltd. (DRA), Peninsula
Gaming Company, LLC (Peninsula), Spirit of Dubuque, Inc. (Spirit) and the Dubuque County
Historical Society (Society).
RECITALS:
I. On December 18, 1989, the City Council adopted the Urban Renewal Plan for the
Ice Harbor Urban Renewal District (District).
2. One of the objectives of the Urban Renewal Plan is "development ofan adequate
support system for new and expanding river-related tourism activities" in the District including
parking facilities.
3. Ice Harbor development plans anticipate multiple uses in the District including
but not limited to excursion gambling boat, non-gambling boat river rides and dining, Iowa
Welcome Center, Fred W. Woodward Riverboat Museum, National Rivers Hall of Fame and
associated shops and parking facilities.
4. The Zoning Ordinance of the City of Dubuque establishes certain parking,
landscaping and permeable area requirements for the District.
5. The purposes of this Agreement are to identify the parking available in the
District, to establish how such parking is allocated and to have the principal parties agree to such
parking arrangement so that there is no misunderstanding or confusion about what parking is
available and how it is allocated and assigned.
I
6. The District parking lots are identified on the attached Exhibit A.
7. City leases property in the District to DRA for the operation of an excursion
gambling boat (City - DRA Lease).
8. City leases property in the District to Spirit for the operation of a nongambling
excursion boat (City - Spirit Lease).
9. DRA and Peninsula have an Operating Agreement for the operation of an
excursion gambling boat and related building with associated offices, lounge and shops (DRA _
Peninsula Operating Agreement) and DRA and Peninsula have a sub-lease for property leased by
City to DRA (DRA - Peninsula Sublease Agreement).
10. City leases property in the District to the Society and the Society owns property
for operating a Museum, Welcome Center and Hall of Fame (City - Society Lease).
IT IS AGREED AS FOLLOWS:
II. Parking Lot # I is owned by the City for purposes of providing parking for
Peninsula's excursion gambling boat. The parties agree that Lot #1 can be used by Peninsula for
purposes of providing parking for Peninsula's excursion gambling boat operations through
December 31, 2008. The parties agree that customers and patrons of Spirit may also park in
Parking Lot #1, during the term of the City - Spirit Lease and any extension thereof.
Parking Lot #1 contains parking for approximately 228 cars, 19 buses and 5 recreational
vehicles.
12. Parking Lot #2 is owned by the City and leased to DRA for sublease to Peninsula
for purposes of providing parking for Peninsula's excursion gambling boat. The parties agree
that customers and patrons of Spirit may also park in Parking Lot #2, during the term of the City
- Spirit Lease and any extension thereof. The DRA - Peninsula Sublease Agreement shall so
2
provide and the City shall consent thereto. Spirit's rights hereunder shall survive the termination
of the City - DRA Lease and the DRA - Peninsula Sublease Agreement.
Parking Lot #2 contains parking for approximately 194 cars.
13. Parking Lot #3 is owned by the City of Dubuque and available on a nonexclusive,
first come-first serve basis to the general public including but not limited to customers and
employees of Peninsula and Spirit. It is further acknowledged that a primary use of this lot will
be employee parking for Peninsula and Spirit.
Parking Lot #3 contains parking for approximately 101 cars. It is, however, further
acknowledged that buses visiting the Riverboat Museum may from time to time park in this lot.
14. Parking Lot #6 is owned by the City of Dubuque. That portion of the lot south of
the railroad spur containing approximately 33 car parking spaces is leased to the Society (City _
Society Lease) for the exclusive use of the Iowa Welcome Center. That portion north of the
railroad spur is assigned as overflow bus parking for Parking Lot #1, however, when not needed
for such purpose is available for use by visitors to the Welcome Center.
15. Parking Lot #7 is owned by Society and available on a nonexclusive, first come-
first serve basis to the general public including but not limited to customers of Peninsula and
Spirit.
Parking Lot #7 contains approximately 280 car parking spaces.
16. The parties agree that Parking Lots # I, 2, 3, 6, and 7 shall be utilized as set forth
herein by the parties hereto and the general public, and no new commercial use requiring
additional parking in the District shall be allowed in the District until adequate additional parking
is provided by such new commercial use.
3
17. If the DRA - Peninsula Operating Agreement and DRA - Peninsula Sublease
Agreement are terminated, the rights of Peninsula under this Agreement shall terminate and such
rights shall be extended and assigned to any subsequent excursion gambling boat operator.
18. Each and every covenant and Agreement herein contained shall extend to and be
binding upon the respective successors, heirs, administrators, executors and assigns of the parties
hereto.
19. None of the covenants, provisions, terms or conditions of this Agreement
to be kept or performed by the parties shall be in any manner modified, waived or abandoned,
except by a written instrument duly signed by the parties.
20. This Agreement contains the entire agreement between the parties, and any
statements, inducements or promises not contained herein shall not be binding upon the parties.
21. If any of the provisions of this Agreement or any application thereof to any person
or circumstance shall be held invalid by judicial decision, the invalidity shall not affect other
provisions or applications of this Agreement which can be given effect without the invalid
provision or application, and to this end and extent, the provisions of the Agreement are
severable.
22. The parties mutually agree that this Agreement shall not be recorded but that if
requested by any party a memorandum of this Agreement shall be executed and filed of record
for title purposes.
Dated this day of
,2000.
4
CITY OF DUBUQUE, IOWA
BY~
ATTEST:
~//~~/,~J2)
Jeanne Schneider, City Clerk
DUBUQUE RACING ASSOCIATION, LTD.
By: SJ~ ~~
President
By:
evens, Managing Member
5
SPIRIT OF DUBUQUE, INC.
By:J(~CJ tvz uJ~.-t/l-
By: LJ0U-:7-U~k
DUBUQUE COUNTY HISTORICAL
SOCIETY
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