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Casino Hotel Lease amendment ~~~E ~~~ 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. j?1 I' ( /).. I/j ljj 1-11/' 2,-1~, Mictfael C. Van Milligen MCVM/ksf Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager ~j .-J .....\ BARRY A. LINDAHL.V COR P 0 RAT ION C 0 U \L' C I T Y 0 F DUB U QUE \-\\ \J'~\\ \- , \ ! I 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