Grand River Center Agreement Extension_Platinum HospitalityMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Grand River Center Management Agreement Extension
DATE: April 11, 2013
Dubuque
kital
All- America City
II 111!
2012
On June 4, 2001, the City entered into an agreement for private management of the
Grand River Center with Platinum Hospitality Group, LLC. The agreement was for a
ten -year period commencing six months prior to the date of the opening of the facility.
The Grand River Center opened October 25, 2003. The Agreement ends April 25,
2013.
The City is currently negotiating a new agreement with Platinum Hospitality Group, LLC,
with completion expected within the next 30 days.
I respectfully request Mayor and City Council approval of a temporary extension of the
existing agreement.
brit44 itgy,
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Marie Ware, Leisure Services Manager
/7 J
AMENDMENT
TO
FACILITY MANAGEMENT AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
PLATINUM HOSPITALITY GROUP, LLC
This AMENDMENT TO THE FACILITY MANAGEMENT AGREEMENT is dated
for reference purposes thei5thday of April, 2013.
Whereas, the City of Dubuque (City) and Platinum Hospitality Group, LLC
(Manager) are parties to a Facility Management Agreement (Agreement) dated for
reference purposes the 4th day of June, 2001; and
Whereas, the parties now desire to amend the Agreement as set forth herein:
1. Par. 13 is amended to read as follows:
13. Term and Termination. The term of this Agreement shall be for a ten (10)
year and one (1) month period commencing six (6) months prior to the date of the
opening of the Facility (the "Commencement Date "). After the first three (3) years of the
operation of the Facility, this . Agreement may be terminated by either party hereto,
without cause, upon six (6) months notice to the other party. Either party shall have the
right to terminate this Agreement upon sixty (60) days notice in the event of a material
breach by the other party, provided the party receiving the notice shall have thirty (30)
days from receipt of the notice to cure the default. Upon termination, all obligations of
the parties hereunder shall cease.
2. This amendment is subject to the approval of the City Council of the City of
Dubuque, Iowa.
CITY OF DUBUQUE, IOWA
By:
By:
0.
Roy D %: uol, Mayor
Ke Firnstahl, City Clerk
PLATINUM HOSPITALITY GROUP, LLC
By.
es P. Rix, lean ger
Date: April 15, 2013 Date: "Wg
041113maq
Preparer: Maureen A. Quann, Esq. Suite 330, Harbor View Place, 300 Main Street, Dubuque, IA 52001 (563) 583 -4113
RESOLUTION NO. 117 -13
APPROVAL OF AN AMENDMENT TO THE FACILITY MANAGEMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA AND PLATINUM HOSPITALITY
GROUP, LLC
Whereas, Platinum Hospitality Group, LLC (Manager) and the City of Dubuque,
Iowa (City) entered into a Facility Management Agreement (the Agreement) dated the
4th day of June, 2001 for the purpose of Manager performing the management services
for the Grand River Center (Facility) described in that Agreement; and
Whereas, Section 13 of the Agreement states "The term of this Agreement shall
be for a ten year period commencing six (6) months prior to the date of the opening of
the Facility (the "Commencement Date ") "; and
Whereas, the Facility opened October 25, 2003, therefore making the
"Commencement Date" April 25, 2003; and
Whereas, the City and the Manager now desire to extend the term of the
Agreement for one (1) month; and
Whereas, City and Manager now desire to amend the existing Facility
Management Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the amendment to the Agreement attached hereto is hereby
approved on behalf of the City of Dubuque.
Section 2. That the Mayor is hereby authorized to execute the amendment to the
Agreement on behalf of the City of Dubuque.
Attest:
Passed, approved and adopted this 15th day of
de'
Ke 'n S. Firnstahl, City er
STATE OF IOWA
COUNTY OF DUBUQUE
SS
April , 2013.
Roy D. ol, Mayor
On this l5 th day of April ,2013, before me a Notary Public in and
for said County, personally appeared Roy D. Buol and Kevin S. Firnstahl to me
personally known, who being duly sworn, did say that they are the Mayor and City
Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to the foregoing
instrument is the seal of said Municipal Corporation, and that said instrument was
signed and sealed on behalf of said Municipal Corporation by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the
free act and deed of said Municipal Corporation by it voluntarily executed.
-111@1=1L. (1LeASON
Commission Number 719986
My Commission Expires
Notary Public in and for Dubuque County, Iowa