Casino Hotel Parking Use Agree Amendment
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MEMORANDUM
April 26, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Dubuque Casino Hotel - First Amendment to Parking Use Agreement
Corporation Counsel Barry Lindahl recommends City Council approval of the First
Amendment to Parking Use Agreement between Dubuque Racing Association, Ltd.,
Dubuque Casino Hotel, L.L.C. and the City of Dubuque. The Amendment provides for
the replacement of Exhibit A with Exhibit AA, which shows the revised design for the
parking lot
I concur with the recommendation and respectfully request Mayor and City Council
approval.
I~L { k; AJL
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
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BAR R Y A. L I N 0 A H L , S.
CORPORATION COUNSEL, CITY OF DUBUQUE
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MEMO
To:
Michael C. Van Milligen
City Manager
DATE:
April 15, 2005
RE:
Dubuque Casino Hotel - First Amendment to Parking Use
Agreement
Mike:
In connection with the construction of the Dubuque Casino Hotel, the Dubuque Racing
Association, Dubuque Casino Hotel and the City entered into a Parking Use Agreement
which grants Dubuque Casino Hotel the use of certain real estate leased to the
Dubuque Racing Association by the City. Dubuque Casino Hotel agreed to construct a
parking lot on that area pursuant to the Parking Use Agreement. Exhibit A attached to
the Parking Use Agreement showed the original Phase I and Phase II parking areas.
The parties now desire to amend the Parking Use Agreement, replacing Exhibit A with
attached Exhibit AA to show the revised design for the parking lot. The original design
called for 500 parking spaces while the revised design requires 450 parking spaces.
The reduction is because of engineering, internal roadways, landscaping and so forth.
Subject to your approval, I would recommend that the First Amendment to Parking Use
Agreement be submitted to the City Council for consideration.
Attachment
cc: Cindy Steinhauser, Assistant City Manager
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SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org
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DUBUQUE CASINO
HOTEL LLC. - BID PACKAGE #2
E. Marshall Thomas, 1907-1989
Francis J. O'Connor, 1916-1990
ATTORNEYS AT LAW
Esr.J840
www.octhomaslaw.com
April 13, 2005
Mr. Barry Lindahl
City Attorney
Harbor View Place
300 Main Street, Suite 330
Dubuque IA 52001
Dear Barry:
Please find enclosed the First Amendment to Parking Use Agreement executed in triplicate by Wayne Briggs
and Bruce Wentworth. Please have the instrument executed by the Mayor and then return. an original to the
undersigned and to Brian Kane. Thank you.
Very truly yours,
O'CONNOR & THOMAS, P.c.
/~e
Stephen C. Krumpe
SCK/drm
Encs.
Stephen C. Krumpe
ext. 232
skrumpe@octhomaslaw.com
Dubuque Building I 700 Locust Street, Suite 200 I P.O. Box 599 I Dubuque, Iowa 52004-0599 I Phone 563.557.8400 I Fax 563.556.1867
JOHN C. O'CONNOR CHAD C. LEITCH * JAMES E. GOODMAN, JR. * KERRIE L. LIEDTKEt CHRISTOPHER c. FRY
BRENDAN T. QUANN RJCHARD K. WHITTY DAVIN C. CURTISS *t PETER D. ARLING*~ THOMAS S. COlliNS, OF COUNSEL
A. JOHN ARENZ t+ STEPHEN C. KRUMPE *t PAULJ. SIGWARTIi t JOSHUA P. WEIDEMANN
AU attorneys licensed in Iowa I * Also licensed in IUinois I t Also licensed in Wisconsin I 9 Also licensed in Minnesota
:j: Certified in Civil Trial Advocacy by National Board of Trial Advocacy
Prepared by: Brian 1. Kane, KANE, NORBY & REDDICK, P.C., 2100 Asbury Rd., Ste. 2, Dubuque, IA 52001563-582-7980
FIRST AMENDMENT TO PARKING USE AGREEMENT
This First Amendment to Parking Use Agreement ("Amendment") is made and entered into
effective this _ day of , 2005, by and between DUBUQUE RACING
ASSOCIATION, LTD., an Iowa nonprofit corporation ("DRA"), and DUBUQUE CASINO HOTEL,
L.L.C., an Iowa limited liability company ("DCH"), and THE CITY OF DUBUQUE, an Iowa
municipal corporation ("CITY").
RECITALS
(A) DRA, DCH, and CITY entered into that certain Parking Use Agreement effective
July 6, 2004 (the "Agreement") which Agreement, among other things, granted DCH
use of certain real estate leased by DRA from CITY for the construction of a surface
lot for vehicular parking, sidewalks, landscaping, and lighting for such parking area,
with such construction to be in two phases, Phase I and Phase IT, as provided under
the Agreement; and,
(B) Exhibit "A" to the Agreement showed the original Phase I and Phase IT parking areas.
Since the date of the Agreement (i.e., July 6, 2004), there has been significant
engineering with regard to the subject matter of the Agreement, and the parties
recognize that certain changes or modifications to the Agreement should be made,
which the parties desire to reduce to writing, all pursuant to Section 14 of the
Agreement.
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. DCH shall construct a surface lot for vehicular parking, sidewalks, landscaping, and
lighting for the parking areas designated as Phase I and Phase II on the attached
Exhibit "AA," which exhibit replaces Exhibit "A" attached to the Agreement. The
parties acknowledge that Exhibit "AA" contemplates 450 parking spaces, more or
less, as opposed to the 500 parking spaces contemplated by Exhibit "A" to the
Agreement, because of engineering, internal roadways, landscaping islands, etc. In
consideration ofthe construction at this time by DCH with respect to Exhibit "AA,"
DRA agrees to pay DCH $76,397.50 on or before June 1,2005, or when the parking
lot and other aforesaid improvements thereto are substantially finished, whichever
first occurs. DCH agrees to repay to DRA $76,397.50 upon the earlier to happen of
the following:
(a) IfDCH sells its hotel and restaurant; or,
. .
(b) Substantial completion of the expansion of the hotel as stated in Section 2 of
the Agreement; or,
(c) On June 1,2010.
Payment of the foregoing amount, without interest, shall be made within thirty (30)
days of any of the foregoing events.
2. DRA agrees to pay DCH $220,000.00, pursuant to Section 2 of the Agreement, by
,2005.
3. In all other respects, the parties affirm and ratify the Agreement, except as
specifically amended by this Amendment.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed
effective the day first above written.
DUBUQUE RACING ASSOCIATION, LTD.
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By its authorized representative
DUBUQUE CASINO HOTEL, L.L.C.
By its Mayor
F:\ WPDOCS\Missy\DOCS\DBQ Racing Assn - Dubuque Casino Hotel 1st Amendment to Parking Use Agreement. wpd
. .
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on the /'1 day of A-jJl' j' /
2005, by
';-'z..... KATHRYN MALONE
? ~ ~ Commission Num er 71 486
IO~ My Comm. Exp 'I'
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NOTARY LIC IN AND
FOR THE STATE OF IOWA
STATE OF IOWA
DUBUQUE COUNTY
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) ss:
~
This instrument was acknowledged before me on the ~ day of ~/L
2005, by Wayne A. Briggs, as President of Dubuque Casino Hotel, L.L.C.
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BRIAN J. KANE
Commission Numblll' 125603
t8i COMMISSION E)CPIRES
JANUARY 12. 2007
STATE OF IOWA
DUBUQUE COUNTY
)
) ss:
On this _ day of ,2005, before me, the undersigned, a Notary
Public in and for said State, personally appeared Terrance M. Duggan, to me personally known, who
being by me duly sworn, did say that he is the Mayor of The City of Dubuque; that no seal has been
procured by the said corporation that said instrument was signed on behalf of said corporation by
authority of its Board of Directors; and that the said Mayor, as such officer, acknowledged the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by him
voluntarily executed.
NOTARY PUBLIC IN AND
FOR THE STATE OF lOW A
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EXHIBIT "AA"
See attached drawing.
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We i DUBUQUE CASINO
. \:) i. HOTEL LLC. - BID PACKAGE #2
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