Exhibit 10.9B
AMENDMENT TO OPERATING AGREEMENT
This AMENDMENT TO OPERATING AGREEMENT is made and entered into this 22nd
day of February, 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. On this date, February 22, 1993, DRA and Greater Dubuque have signed an
Operating Agreement setting forth their respective rights, duties and
obligations with regard to excursion gambling boat gambling under Chapter 99F of
the Iowa Code.
B. DRA and Greater Dubuque have jointly agreed to amend and modify the
terms of the Operating Agreement referred to in Recital A above.
NOW, THEREFORE, IT IS AGREED that the February 22, 1993 Operating
Agreement between the parties is amended as follows:
1. Subparagraph (d) of paragraph 3 (Conditions Precedent to Contract) is
amended to read as follows:
(d) Greater Dubuque obtaining adequate financing, including invested
equity capital, and providing evidence thereof acceptable to DRA by
no later than March 4, 1993.
2. Subparagraph (h) of paragraph 3 (Conditions Precedent to Contract) is
amended to read as follows:
(h) Greater Dubuque obtaining by no later than March 4, 1993, signed
contracts, acceptable to both Greater Dubuque and DRA, in respect to
the purchase or lease/purchase of gaming equipment and an excursion
gambling boat having a passenger capacity acceptable to DRA.
Except as specifically amended above, all of the provisions of the
February 22, 1993 Operating Agreement shall remain in full force and effect.
Dated this 22nd day of February, 1993.
DUBUQUE RACING ASSOCIATION, LTD.
By /s/ Xxxxx Xxxxxxxxx
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Xxxxx Xxxxxxxxx, President
By /s/ Xxxxxx Xxxxxx
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Xxxxxx Xxxxxx, Treasurer
GREATER DUBUQUE RIVERBOAT
ENTERTAINMENT COMPANY, L.C.
By /s/ Xxxxxx X. Xxxxx
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Xxxxxx X. Xxxxx, Managing Member
