Dubuque Racing Association - 6th Amendment to Lease Agreement Request Copyright 2014
City of Dubuque Action Items # 7.
ITEM TITLE: Dubuque Racing Association - 6th Amendment to Lease Agreement
SUMMARY: City Manager recommending approval an amendment to the lease
agreement with the Dubuque Racing Association that requires a City of
Dubuque Police Officer or County Sheriff to be present during all hours of
operations at Mystique Casino.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Amendment to Lease Agreement with Dubuque Racing Association- City Manager Memo
MVM Memo
❑ Request from Dubuque Racing Association Supporting Documentation
❑ 6th Amendment to Lease Supporting Documentation
THE CITY OF Dubuque
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Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Modification to the DRA/City Lease
DATE: February 11, 2015
Dubuque Racing Association President & CEO Jesus Aviles is requesting an
amendment to the City/Dubuque Racing Association Lease.
The Dubuque Racing Association (DRA) requests a change to the lease agreement that
requires a City of Dubuque Police Officer or County Sheriff to be present during all
hours of operations at Mystique Casino. With the change of Mystique's gaming license
approval effective January 1, 2015, by the Iowa Racing and Gaming Commission
(IRGC) from a Racing Structure under Iowa Code 99D to a Gaming Facility 99F, the
requirement to have a Certified Police Officer during all hours of operation was modified
to allow flexibility to utilize Certified Police Officers, based on operational necessity, to
assist Mystique's Security Officers with the IRGC approved Security Plan.
Mystique's Security Plan was approved during the annual IRGC licensing renewal
meeting in November 2014. In addition to Security Officers and City Police, they are
assisted in their security efforts by four Department of Criminal Investigation Officers on
property.
The amendment gives Mystique Casino sole discretion over the times that a uniformed
City Police Officer is providing facility security. Jesus Aviles has informed me that their
current intent is to have a Police Officer on-site during peak business hours.
I respectfully recommend Mayor and City Council approval of this request.
// ju� k�4 /Aa
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
2
MYSTIQUE
CASINO
DIAMOND JO .
DUBUQUE RAC/NG ASSOC/A110N C A 5 1 H o
DATE: January 15, 2015
MEMO TO: Honorable Mayor and City Council
FROM: Jesfis Aviles, President & CEO
RE: Modification to the DRA/City Lease
Dubuque Racing Association(DRA)requests a modification to Section 14. `Security and Traffic
Control' of the Amended and Restated Lease Agreement between the City of Dubuque, Iowa and
Dubuque Racing Association, LTD. dated 3/31/2004.
Discussion:
DRA requests a change to the Lease agreement that requires a City of Dubuque or County
Sheriff Police officer to be present during all hours of operations at Mystique Casino. With the
change of Mystique's gaming license approval effective Jan 1, 2015 by the Iowa Racing and
Gaming Commission from a Racing Structure under Iowa code 99D to a Gaming Facility 99F
the requirement to have a Certified Police Officer during all hours of operation was modified to
allow flexibility to utilize Certified Police Officers, based on operational necessity,to assist
Mystique's Security Officers with the IRGC approved Security Plan.
Mystique's Security Plan was approved during the annual IRGC licensing renewal meeting on
November 2014. In addition to our Security Officers and City Police we are assisted in our
security efforts by four(4) Department of Criminal Investigation Officers on property.
Attachment:
Propose language change to:
Section 14: Security and Traffic Control
1855 GREYHOUND PARK RD.DUBUQUE, IA,52001 800.373.3647 1 WWW.DRADUB000E.COM
SIXTH AMENDMENT
TO
AMENDED AND RESTATED
LEASE AGREEMENT
BETWEEN
THE DUBUQUE RACING ASSOCIATION
AND
THE CITY OF DUBUQUE
This SIXTH AMENDMENT TO AMENDED AND RESTATED LEASE
AGREEMENT is dated for reference purposes the 16th day of February, 2015.
Whereas, the City of Dubuque (City) and Dubuque Racing Association, LTD.
(Association) are parties to an Amended and Restated Lease Agreement dated for
reference purposes the 31st day of March, 2004, as amended by the First Amendment
dated the 4th day of April, 2005, the Second Amendment dated the 29th day of June,
2005, the Third Amendment dated the 2nd day of February, 2009, and the Fourth
Amendment dated the 7th day of June, 2010, and the Fifth Amendment dated the 3rd
day of November, 2014 (hereafter referred to collectively as the "Lease Agreement");
and
Whereas, City and Association desire to enter into a Sixth Amendment of the
Lease Agreement to modify Paragraph 14 of the Lease Agreement, as previously
amended) in order to vest in Association the sole discretion as to days and hours, if any,
during which a uniformed City of Dubuque police officer (or, if a uniformed City peace
officer is not available, a uniformed Dubuque County Sheriff deputy peace officer) shall
be present at Mystique casino.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The first sentence of Paragraph 14 of the Lease Agreement, as previously
amended, is amended to read as follows:
14. Security and Traffic Control. Association shall provide an internal
security force sufficient in numbers to maintain the integrity of Mystique Casino
and all of its operations. Association may, in its sole discretion, supplement
DRA's security force at Mystique Casino with a City of Dubuque uniformed police
officer (or, if a uniformed City police officer is not available, a uniformed Dubuque
County Sheriff deputy peace officer) at such times at it deems appropriate. The
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determination of the days and hours, if any, during which Association shall
supplement its security force with uniformed City or County peace officers shall
be in the sole discretion of Association. For such services of City or County
peace officers, Association shall reimburse City at the rate established by mutual
agreement of City and Association. City shall be responsible for all billings and
payments to Deputies. Selection and responsibilities of such officers shall be by
mutual consent of City Police Department and Association.
2. All provisions of the Lease Agreement shall remain in full force and effect.
3. This Sixth Amendment to the Lease Agreement is dated February 16,
2015 for reference purposes, but shall become effective only upon the date of the last of
required approvals by the Association's Board of Directors, Association's Lender, City's
City Council, and the Iowa Racing and Gaming Commission.
CITY OF DU UQUE, IOWA
By:
Roy D. uol, Mayor
DUBUQUE RAC
By:
ASSOCIATION, LTD.
Jes s Avi1s, President
Attest:
Kpvin F. Firnstahl, City Clerk
Trish L. Gleason, Assistant City Clerk
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CONSENT TO AMENDMENT
American Trust &Savings Bank consents, todthe fores,eing SIXTH Amendment to
2015.
Amended and Restated Lease Agreement this...;i1•4 ay of'
AMERICAN TRUST & SAVINGS BANK
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