Exhibit 10.13
ICE HARBOR PARKING AGREEMENT ASSIGNMENT
THIS ICE HARBOR PARKING AGREEMENT ASSIGNMENT, made and entered into
effective as of July 15, 1999 (the "Effective Date"), by and between Greater
Dubuque Riverboat Entertainment Company, L.C., an Iowa limited liability
company, (hereinafter called the "Assignor"), and Peninsula Gaming Company, LLC,
a Delaware limited liability company (hereinafter called "Assignee").
1. PARKING RIGHTS AGREEMENT. Assignor and Assignee acknowledge that
Assignor is an assignee of Dubuque Casino Belle ("DCB") to that certain Ice
Harbor Parking Agreement dated July 2, 1990, by and among DCB, the City of
Dubuque, Dubuque Racing Association, Ltd., the Dubuque Historical Society, and
Xxxxxx River Rides, Inc. regarding the parking rights of the parties in the Ice
Harbor area in Dubuque, Iowa (the "Parking Rights Agreement").
2. ASSIGNMENT. As of the Effective Date, Assignor hereby sells, assigns,
transfers and conveys unto Assignee, its successors and assigns, all of
Assignor's right, title and interest in and to the Parking Rights Agreement. By
its execution hereof, Assignee agrees to assume and be bound by and timely
perform, observe, discharge and otherwise comply with each and every one of
Assignor's duties, obligations, covenants and undertakings under the Parking
Rights Agreement accruing on or after the Effective Date.
3. INDEMNIFICATION. Assignor covenants to hold Assignee harmless from and
indemnify Assignee against any claim, loss, damage, cost and expense (including
reasonable attorneys' fees and court costs) that Assignee may incur from and
after the Effective Date as a result of the failure of Assignor to perform any
of its obligations as lessee with respect to the Parking Rights Agreement up to
the Effective Date. Assignee covenants to hold Assignor harmless from and
indemnify Assignor against any claim, loss, damage, cost or expense (including
reasonable attorneys' fees and court costs) that Assignor may incur from and
after the Effective Date as a result of the failure of Assignee to perform any
of its obligations with respect to the Parking Rights Agreement from and after
the Effective Date.
4. GOVERNING LAW. This Assignment shall be governed by and construed under
the laws of the State of Iowa.
5. BINDING EFFECT. The terms of this Assignment shall run with the land
and bind the parties hereto and their successors in interest.
6. MODIFICATION. This Assignment shall not be modified except if done in
writing and signed by both parties.
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7. CONDITION PRECEDENT. The obligations of Assignor and Assignee under
this Assignment are subject to the closing of the sale and purchase by Assignee
of substantially all of the assets of Assignor pursuant to that certain Asset
Purchase and Sale Agreement, dated January 15, 1999, between Assignor and
Assignee.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of
the day and year first above written.
Peninsula Gaming Company, L.L.C. Greater Dubuque Riverboat
Entertainment Company, L.C.
By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxx Xxxxxxx
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Its: Manager of the Managing Member Its: Chairman, Management Committee
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ASSIGNEE ASSIGNOR
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CONSENT
The City of Dubuque, Iowa (the "City"), a party to that certain Ice Harbor
Parking Rights Agreement, dated July 2, 1990, among the City, Dubuque Racing
Association, Ltd., the Dubuque Historical Society, Xxxxxx River Rides, Inc. and
Greater Dubuque Riverboat Entertainment Company, L.C., assignee of Dubuque
Casino Belle, regarding the parking rights of the parties in the Ice Harbor area
in Dubuque, Iowa, hereby consents to the assignment of the Ice Harbor Parking
Rights Agreement by Greater Dubuque Riverboat Entertainment Company, L.C. to
Peninsula Gaming Company, LLC ("Assignee").
CITY OF DUBUQUE, IOWA
By: /s/ Xxxxx Xxxxxx Date Signed: 7-6-99
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Its: Mayor
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