Diamond Jo, LLC Sample Contracts

RECITALS
Purchase Agreement • March 4th, 2002 • Peninsula Gaming Co LLC • Services-miscellaneous amusement & recreation
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ASSIGNMENT AGREEMENT
Assignment Agreement • March 4th, 2002 • Peninsula Gaming Co LLC • Services-miscellaneous amusement & recreation

This Assignment Agreement (this "Agreement") dated as of October 23, is between Peninsula Gaming Partners, LLC ("Transferor") and OED Acquisition, LLC ("Transferee").

EXHIBIT 10.13 LOAN AND SECURITY AGREEMENT by and among PENINSULA GAMING COMPANY, LLC as Borrower,
Loan and Security Agreement • March 31st, 2003 • Peninsula Gaming Co LLC • Services-miscellaneous amusement & recreation • California
as Issuers,
Peninsula Gaming Co LLC • March 4th, 2002 • Services-miscellaneous amusement & recreation • New York
PORT OF DUBUQUE PUBLIC PARKING FACILITY DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DIAMOND JO, LLC
Development Agreement • May 15th, 2007 • Diamond Jo, LLC • Services-miscellaneous amusement & recreation • Iowa

This Development Agreement (the Agreement) is made as of this 5th day of February, 2007 by and between the City of Dubuque, a municipal corporation of the State of Iowa (City), and Diamond Jo, LLC (f/k/a DJ Gaming Company, LLC), a Delaware limited liability company (DJDJ).

AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • September 13th, 2007 • Diamond Jo, LLC • Services-miscellaneous amusement & recreation • Iowa

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into effective this 7th day of September 2007, by and between Jonathan Swain (hereinafter referred to as “Employee”) and Peninsula Gaming, LLC, a Delaware limited liability company (hereinafter referred to as “Employer”).

DIAMOND JO WORTH, LLC AND DIAMOND JO WORTH CORP. (as Issuers) $40,000,000 11% Senior Secured Notes due 2012 FIRST SUPPLEMENTAL INDENTURE
Diamond Jo Worth • November 14th, 2006 • Diamond Jo, LLC • Services-miscellaneous amusement & recreation • New York

THIS FIRST SUPPLEMENTAL INDENTURE, dated as of August 31, 2006 (the “Supplemental Indenture”), by and among Diamond Jo Worth, LLC (the “Company”, a Delaware limited liability company, Diamond Jo Worth Corp. (“DJW Corp.”), a Delaware corporation, and U.S. Bank National Association, as trustee (the “Trustee”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Indenture (as defined below).

CLOSING AGREEMENT
Closing Agreement • November 14th, 2006 • Diamond Jo, LLC • Services-miscellaneous amusement & recreation

THIS AGREEMENT, made this day of , 2006, by and between Diamond Jo, LLC., or its affiliates (“Diamond Jo”) and the Dubuque County Historical Society (the “Historical Society”).

OFFER TO PURCHASE REAL ESTATE, ACCEPTANCE AND LEASE
Acceptance and Lease • November 14th, 2006 • Diamond Jo, LLC • Services-miscellaneous amusement & recreation

This Offer To Purchase Real Estate, Acceptance And Lease (“Offer”) will memorialize prior discussions and confirm mutual understanding of the terms and conditions pursuant to which Diamond Jo, LLC, or its affiliate (“Diamond Jo”) agrees to (1) purchase the Dubuque County Historical Society’s (the “Historical Society”) 2.4 acre tract (the “Expansion Tract”) within the Ice Harbor contiguous to Diamond Jo’s real estate (the “Purchase”) and (2) lease to the Historical Society all of its interest in the Portside Building in Dubuque, Iowa (the “Portside Building”) on terms set forth in this Offer (the “Lease”). In this Offer, Diamond Jo and the Historical Society are sometimes called singularly a “Party” and collectively the “Parties;” and the Purchase and the Lease set forth herein are sometimes called the “Transactions”.

REAL ESTATE GROUND LEASE By and Between DIAMOND JO, LLC, an Iowa limited liability company and DUBUQUE COUNTY HISTORICAL SOCIETY
Real Estate Ground Lease • November 14th, 2006 • Diamond Jo, LLC • Services-miscellaneous amusement & recreation

THIS REAL ESTATE GROUND LEASE is made as of the ____ day of , 2006, by and among Diamond Jo, LLC, an Iowa limited liability company (“Tenant”) and the Dubuque County Historical Society (the “Landlord”).

AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • September 13th, 2007 • Diamond Jo, LLC • Services-miscellaneous amusement & recreation • Iowa

THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into effective this 7th day of September 2007 by and between Natalie Schramm (hereinafter referred to as “Employee”) and Peninsula Gaming, LLC, a Delaware limited liability company (hereinafter referred to as “Employer”).

FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT
Employment Agreement • May 15th, 2007 • Diamond Jo, LLC • Services-miscellaneous amusement & recreation

This Fourth Amendment to the Employment Agreement (this “Third Amendment”), dated as of January 10, 2007, is entered into by and among Peninsula Gaming, LLC, a Delaware limited liability company (“Employer”), Peninsula Gaming Partners, LLP (“PGP”), a Delaware limited liability company, and Jonathan Swain (“Employee”).

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