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Dubuque Racing Association & Peninsula Gaming Sublease Extension D~~~JE ~~~ MEMORANDUM June 15, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Extension of Sublease Agreement I respectfully recommend Mayor and City Council consent to the Extension of Sublease Agreement between the Dubuque Racing Association and Peninsula Gaming Company, LLC for property in the Port of Dubuque. (It I (:~/ki~ Michael C. Van Milligen ---- MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Bruce Wentworth, General Manager, Dubuque Racing Association ,.--... '- ) (~L':. . '. l ' BAR R Y A. L I N 0 A H L, E S CORPORATION COUNSE I CITY OF DUBUQUE MEMO To: Michael C. Van Milligen City Manager DATE: June 6, 2005 RE: Sublease Agreement Between Dubuque Racing Association, L TD and Peninsula Gaming Company, LLC Mike: Attached are two originals of the Extension of Sublease Agreement which I understand was approved by DRA and Peninsula on May 31st. The Sublease Agreement requires the City's consent to any amendments. I believe this extension should be placed on the City Council agenda for the June 20th City Council meeting for approval. Attachment SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org . . . . Prepared by: Brian 1. Kane, KANE, NORBY & REDDICK, P.C., 2100 Asbury Rd., Ste. 2, Dubuque, IA 52001563-582-7980 EXTENSION OF SUBLEASE AGREEMENT This Extension of Sublease Agreement ("Extension") is made and entered into this 1 st day of June, 2005, by and between DUBUQUE RACING ASSOCIATION, LTD., an Iowa nonprofit corporation (the "Lessor") and PENINSULA GAMING COMPANY, LLC, now known as DIAMOND JO, L.L.C. (the "Lessee"). RECITALS A. Lessor and Lessee's predecessor in interest entered into that certain Sublease Agreement dated October 18, 1993 (the "Sublease") which has been amended by a Memorandum of Agreement dated February 8, 1996, and a First Amendment to Sublease Agreement dated July 15, 1999 (the "Sublease as Amended"); B. The Lease Premises (as such term is defined in the Sublease) include Lot C (a/k/a Lot 5), Lot D, and the existing dock facilities as depicted on Exhibit "AA" attached hereto and by this reference made a part hereof; C. The City of Dubuque leases the Lease Premises to Lessor which, in turn, subleases the Lease Premises to Lessee, which arrangement the parties, including the City, desire to extend through and including 11:59 p.m. on December 31,2018; and, D. The parties desire to reduce their agreement with regard to this 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. Lessor agrees to extend the term of the Sublease as Amended from and after 11 :59 p.m. on December 31, 2008, through and including 11 :59 p.m. on December 31,2018, on the same terms and conditions as provided in the Sublease as Amended ($1.00 per year rent). 2. CONDITION. This Extension is subject to the City of Dubuque, Iowa leasing the Lease Premises to Lessor through and including 11 :59 p.m. on December 31,2018, via an extension to be executed contemporaneously herewith. 3. AFFIRMATION. In all other respects, except as specifically modified herein, the Page 1 of3 , '. parties affirm the Sublease as Amended. 4. ACKNOWLEDGMENT. The parties acknowledge that Lessor is no longer a party to the Revised Ice Harbor Parking Agreement dated May 23, 2000. The parties acknowledge that the Extension with respect to Lot "C" only shall be on a non- exclusive basis for parking for Lessee's management employees and patrons, as well as general public parking for the Ice Harbor. The parties further acknowledge that Tenant shall be relieved of all maintenance and insurance obligations with respect to Lot "C." 4 MISCELLANEOUS. This Extension shall be governed by and construed in accordance with the laws of the State ofIowa. IN WITNESS WHEREOF, this Extension was signed effective as of the date and year first above written. PENINSULA GAMlNG COMPANY, LLC DUBUQUE RACING ASSOCIATION, LTD. By its authorized representative ... ;<)- By its authorized representative STATE OF IOWA ) DUBUQUE COUNTY ) ss: This instrument was acknowledged before me on the / day of June, 2005, by tJI-'4-'--rE ~ as cp 16-"'\ of Peninsula G . g ompany, LLC. STATE OF IOWA ) DUBUQUE COUNTY ) ss: On this ~ day ofJune, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared ..6ru6Z- to.e/llvoolW,- and to me personally known, who being by me duly sworn, did say that they are the het081a/ /lJa./la &1 e.-<.. and respectively, of Dubuque Racing Association, LTD.; thai 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 Page 2 of3 . ,'"" .. and as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 6H 'i';.:;t... KATHRYN MAL.ON~ !..~ Commission Numb r 71 86 '0";;:- My Comm. Exp. ;;Ii~~~ NOTARY P LIC iN 1\ND FOR THE STATE OF IOWA CONSENT TO THE FOREGOING BY: ~ OF DUBUQUE, IOWA r'l. Te ATTEST: /~f&:~ STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: .J On this Zl'''''dayofJune, 2005, before me, KAJ.i:r.I M. ehe~fel~totaryPublicin 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 ~e the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoinginstrument is the corporate seal of the city, and that the instrument was signed and sealed on behalf of the city, and that they acknowledged the execution of the mstrument to be their vohintaiyact and deed and the voluntary act and deed of the corporation, by it voluntarily executed. fWu Iu ~~ ~"\Al ~KAREN M. CHESTERMAN ~ ": ..~ COMMISSION NO. 108258 . . MY CO ISSION E~/RES IO~ J.. D 1/ NOTARY PUBLIC IN AND FOR THE STATE OP'10WA F:\WPDOCSlMissy\DOCS\DRA - Peninsula Gaming Co Extension of Sublease (2nd Vcrsion).wpd Page 3 of3 City Oerk's Office 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4120 Office (563) 589-Q890 Fax (563) 6~678 TDD www.cityofdubuque.org D~ ~YN-~ June 22, 2005 Brian J. Kane Kane, Norby & Reddick 2100 Asbury Road Dubuque IA 52001 Steve Krumpe O'Connor and Thomas 700 Locust Street Dubuque IA 52001 Dear Brian and Steve: I have attached a signed copy of the Extension of Sublease Agreement between the Dubuque Racing Association and Peninsula Gaming Company, LLC, which was approved by the City Council on June 20, 2005. If you have any questions please feel free to contact me. Sincerely, /Jd4~ a~~ne F. Schneider City Clerk cc: Barry Lindahl, Corporation Counsel Service People Integrity Responsibility Innovation Teamwork