Casino Hotel Lease amendment
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MEMORANDUM
September 1, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Dubuque Casino Hotel, LLC
Corporation Counsel Barry Lindahl is recommending adoption of an amendment to the
Dubuque Casino, LLC lease changing the completion deadline to October 15, 2005.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mictfael C. Van Milligen
MCVM/ksf
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
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BARRY A. LINDAHL.V
COR P 0 RAT ION C 0 U \L' C I T Y 0 F DUB U QUE
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MEMO
To:
Michael C. Van Milligen
City Manager
DATE:
August 22,2005
RE:
Dubuque Casino Hotel, LLC
Mike:
Enclosed is a letter from Brian Kane requesting a third amendment to the lease which
would extend the completion date for the hotel and restaurant to October 15, 2005. The
original lease agreement provides for a substantial completion date of September 1,
2005.
Enclosure
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, JA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque,org
Brian J. Kane
Gary K. Norby
Les V. Reddick*
D. Flint Drake**
Brad J. Heying
Todd L. Stevenson*
MaryBeth Pfeiler Fleming
Kevin T. Deeny
John D. Freund
KANE, NORBY & REDDICK, P.c.
ATTORNEYS
2100 ASBURY ROAD, SUITE 2
DUBUQUE, IA 52001-3069
Of Counsel:
Louis P. Pfeiler
All admitted in Iowa
*Also admitted in Illinois
** Also admitted in Wisconsin
Phone: (563) 582-7980
Facsimile: (563) 582-5312
E-mail: bkane@kanenorbylaw.com
August 19,2005
Barry A. Lindahl, Esq.
Corporation Counsel
Harbor View Place
300 Main St., Ste. 330
Dubuque, IA 52001
RE: DUBUQUE CASINO HOTEL, L.L.C.
Dear Barry:
Enclosed please find a proposed Amendment No.3 to Lease Agreement with respect to the Lease
Agreement dated July 6, 2004, by and between our client as Lessee and City of Dubuque as Lessor. Our
client is now confident that the Hilton Garden Inn and Houlihan's restaurant will be substantially completed
by October 15, 2005, if not sooner. We request that the "substantial completion" date in the Lease
Agreement, as amended, be extended to October 15,2005.
To that end, Amendment No.3 to Lease Agreement has been prepared and signed by Mr. Briggs on
behalf of Dubuque Casino Hotel, LLC. Please advise if the City is amenable to extending the date as
aforesaid.
As the council is undoubtedly aware, our client has made substantial progress in completing
construction of these facilities; this amenity will be a great enhancement to our community.
We look forward to hearing from you. In the meantime, please do not hesitate to contact us directly
should you have any questions. Thank you.
Best regards,
By
Brian J.
BJK:mrk
Enclosures
cc: Mr. Wayne A. Briggs
F:\WPDOCS\Missy\Conespondence\Lindahl Barry LET re DCH Amendment 3 to Lease Agt.wpd
Prepared by Brian 1. Kane, KANE, NORBY & REDDICK, P.C., 2100 Asbury Road, Suite 2, Dubuque, IA 52001563-582-7980
Space Above This Line for Recorder
AMENDMENT NO.3 TO LEASE AGREEMENT
This Amendment No.3 to Lease Agreement ("Amendment No.3") is made and entered into as of
the _ day of ,2005, by and between The City of Dubuque, an Iowa municipal
corporation ("Lessor") and Dubuque Casino Hotel, L.L.C., an Iowa limited liability company ("Lessee").
RECITALS
A. Lessor and Lessee entered into that certain Lease Agreement dated July 6, 2004 (hereinafter
the "Lease"), which was amended by that certain Amendment No. 1 to Lease Agreement
dated March 21, 2005, and that certain Second Amendment to Lease Agreement dated April
4, 2005;
B. The parties desire to execute this Amendment No.3 to acknowledge that construction ofthe
Phase I Improvements shall be substantially completed on or before October 15, 2005; and
C. All other terms and conditions of the Lease (as amended) shall remain in full force and
effect.
THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereby agree as follows:
1. Amendment of Lease. Notwithstanding anything to the contrary contained in the Lease (as
amended), the parties hereby acknowledge that construction of the Phase I Improvements shall be
substantially complete by October 15,2005.
IN WITNESS WHEREOF, the parties have executed the foregoing Amendment No.1 as of the date
and year first above written.
CITY OF DUBUQUE, IOWA, Lessor
DUBUQ
iL
By:
,
Its authorized representative
F:\WPDOCSlSandyIBradIDubCasinoHotel-Amendment No.3 to Lease Agr.wpd