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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