Exhibit 10.9D
THIRD AMENDMENT TO OPERATING AGREEMENT
This THIRD AMENDMENT TO OPERATING AGREEMENT is made and entered into this
11th day of March, 1993, between DUBUQUE RACING ASSOCIATION, LTD., an Iowa
nonprofit corporation, (hereinafter referred to as "DRA") and GREATER DUBUQUE
RIVERBOAT ENTERTAINMENT COMPANY, L.C., an Iowa limited liability company,
(hereinafter referred to as "Greater Dubuque").
RECITALS:
A. The existing Operating Agreement entered into between the parties on
February 22, 1993, and subsequently amended, does not contain certain
administratively-required provisions under Administrative Rule 20.11(3), and the
parties wish to comply with said Administrative Rule.
B. DRA and Greater Dubuque have jointly agreed to amend and modify the
Operating Agreement referred to in the recital above so as to comply with the
Administrative Rule there specified.
NOW, THEREFORE, IT IS AGREED that the February 22, 1993 Operating
Agreement between the parties, as previously amended, is hereby further amended
so as to add the following subparagraphs to Paragraph 13 MISCELLANEOUS
PROVISIONS:
(j) The operator, Greater Dubuque, and its officers, directors, members,
partners, and shareholders shall receive no share, percentage, or
proportion of the money received for admissions to the gambling
excursion boat.
(k) No duty relating to casino gambling may be subcontracted.
(l) Any future amendments to the Operating Agreement shall be subject to
the approval of the Iowa Racing and Gaming Commission.
Except as specifically amended above, all of the provisions of the
February 22, 1993 Operating Agreement and existing Amendments thereto shall
remain in full force and effect.
Dated this 11th day of March, 1993.
DUBUQUE RACING ASSOCIATION, LTD. GREATER DUBUQUE RIVERBOAT
ENTERTAINMENT COMPANY, L.C.
By /s/ Xxxxx Xxxxxxxxx
----------------------------- By /s/ Xxxxxx X. Xxxxx
Xxxxx Xxxxxxxxx, President ----------------------------------
Xxxxxx X. Xxxxx
Managing Member
By /s/ Xxxxxx Xxxxxxxx
-----------------------------
Xxxxxx Xxxxxxxx, Secretary
