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Exhibit 10.79


PARKING LEASE


by and between


BUFFINGTON HARBOR PARKING ASSOCIATES, LLC


as Lessor


and


TRUMP INDIANA, INC.


as Lessee


Dated as of June 19, 2001


TABLE OF CONTENTS
-----------------


Paragraph Page - --------- ---- 1. Definitions........................................................................................ 2


2. Lease of Premises; Sublease of Ground Lease Property............................................... 5


3. Lessor's Obligation to Construct Parking Facility.................................................. 6


4. Use; Maintenance; Compliance with Laws and Contracts............................................... 7


5. Term............................................................................................... 7


6. Rent; Assumption of Ground Lease Obligations; Reimbursement........................................ 8


7. Absolutely Net Lease............................................................................... 9


8. Taxes, Assessments and Utilities................................................................... 9


9. Liens.............................................................................................. 10


10. Indemnification.................................................................................... 10


11. Condemnation....................................................................................... 11


12. Insurance.......................................................................................... 11


13. Casualty........................................................................................... 12


14. Permitted Contests................................................................................. 13


15. Default Provisions................................................................................. 13


16. Rights of Lessor................................................................................... 15


17. Litigation Expenses................................................................................ 15


18. Assignment and Subletting.......................................................................... 16


19. Mortgages.......................................................................................... 16


20. Notices, Demands and Other Instruments............................................................. 18


i


21. Estoppel Certificates.............................................................................. 19


22. No Merger.......................................................................................... 19


23. Surrender.......................................................................................... 19


24. Severability; Binding Effect; Amendments to be in Writing.......................................... 19


25. Governing Law...................................................................................... 19


26. Headings and Table of Contents..................................................................... 20


27. Subordination to Mortgage Lenders.................................................................. 20


28. Holding Over....................................................................................... 20


29. Quiet Enjoyment.................................................................................... 20


30. Disclaimer of Lessor's Liability for Consequential Damages......................................... 21


31. Counterparts....................................................................................... 21


32. Recording.......................................................................................... 21


33. Certain Obligations Joint.......................................................................... 21


34. Lessee's Representations and Warranties............................................................ 21


Schedules - ---------


A Legal Description of Lessor's Real Property


B Appurtenances


C Legal Description of Ground Lease Property


D Permitted Exceptions


ii


PARKING LEASE


THIS PARKING LEASE, dated as of June 19, 2001 (this "Lease"), is made by and between BUFFINGTON HARBOR PARKING ASSOCIATES, LLC, a Delaware limited liability company having offices at One Buffington Harbor Drive, Gary, Indiana 46406 ("Lessor") and TRUMP INDIANA, INC., a Delaware corporation having offices at One Buffington Harbor Drive, Gary, Indiana 46406 ("Lessee").


RECITALS:


A. Lessor owns the real property described on Schedule A hereto (the "Property"). The Property is benefitted by certain agreements, rights and appurtenances which include those set forth on Schedule B hereto (together with all rights and appurtenances that may be hereafter created in favor of the Property, the "Appurtenances").


B. The Property is currently improved with, among other things, a surface parking lot, and Lessor intends to construct on the Property a 2,000-car covered parking facility and related improvements (the "Parking Facility").


C. Buffington Harbor Riverboats, L.L.C. ("BHR") owns certain real property, a portion of which is adjacent to the Property (the "BHR Land").


D. Lessee owns and operates a gaming vessel which Lessee berths at the BHR Land pursuant to a Berthing Agreement dated as of April 23, 1996 between Lessee and BHR, as amended from time to time (the "Trump Berthing Agreement"). Also pursuant to the Trump Berthing Agreement, Lessee and its customers and invitees utilize the BHR Land and the improvements thereon in connection with Lessee's riverboat gaming operations.


E. The Majestic Star Casino, LLC ("Majestic") owns and operates a gaming vessel which Majestic berths at the BHR Land pursuant to a Berthing Agreement dated as of April 23, 1996 between Majestic and BHR, as amended from time to time (the "Majestic Berthing Agreement"). Also pursuant to the Majestic Berthing Agreement, Majestic and its customers and invitees utilize the BHR Land and the improvements thereon in connection with Majestic's riverboat gaming operations. The riverboat gaming operations of Lessee and Majestic, or their respective successors or assigns, are referred to herein as the "Gaming Operations."


F. Lessor is the lessee of the real property described on Schedule C hereto (the "Ground Lease Property") pursuant to that certain Ground Lease (the "Ground Lease") of even date herewith between BHR, as lessor, and the Lessor named herein, as lessee, thereunder.


G. Lessor desires to lease the Property, including the Parking Facility, and sublease the Ground Lease Property, to Lessee and to Majestic, for the benefit of their respective Gaming Operations, and for no other purpose.


NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained and other good and valuable consideration, the parties hereby agree as follows:


1. Definitions. As used in this Lease, the following terms shall
----------- have the meanings set forth below:


a. "Additional Rent" shall have the meaning ascribed to it in Paragraph 6d hereof.


b. "Affiliate" means as to any Person, any other Person (other than a subsidiary) which, directly or indirectly, is in control of, is controlled by, or is under common control with, such Person. For purposes of this definition, "control" of a Person (including, with its correlative
------- meanings, "controlled by" and "under common control with") means the power,
------------- ------------------------- directly or indirectly, either to (a) vote 10% or more of the securities having ordinary voting power for the election of directors of such Person or (b) direct or cause the direction of the management and policies of such Person, whether by contract or otherwise. any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Person in question. For purposes of this definition, "control" shall mean the power to direct management or policies through ownership of voting securities or similar equity interest.


c. "Approvals" shall have the meaning ascribed to it in Paragraph 3b hereof.


d. "Appurtenances" shall have the meaning ascribed to it in Recital A hereof.


e. "Bankruptcy" means that the Lessee shall have (1) made an assignment for the benefit of creditors; (2) filed a voluntary petition in bankruptcy; (3) been adjudicated as bankrupt or insolvent; (4) filed a petition or answer seeking for itself any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law or regulation; (5) filed an answer or other pleading admitting or failing to contest the material allegations of a petition filed against it in any proceeding set forth in (4) above; or (6) sought, consented to, or acquiesced in the appointment of a trustee, receiver, or liquidator of all or any substantial part of its properties; or if one hundred eighty (180) days after the commencement of any proceeding against the Lessee seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law or regulation, the proceeding has not been dismissed, or if within one hundred fifty (150) days after the appointment without its consent or acquiescence of a trustee, receiver, or liquidator of the Lessee or all or any substantial part of its properties, the appointment is not vacated or stayed, or within ninety (90) days after the expiration of any such stay, the appointment is not vacated.


f. "Basic Rent" shall have the meaning ascribed to it in Paragraph 6b hereof.


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g. "BHR" shall have the meaning ascribed to it in Recital C hereof.


h. "BHR Land" shall have the meaning ascribed to it in Recital C hereof.


i. "Debt Service" means all principal, interest, charges, fees, escrows and any other amounts payable by Lessor with respect to any Permitted Financing, whether such amounts are regularly scheduled, accelerated or due at the end of the term of such Permitted Financing; provided, however, "Debt Service" shall not include costs to construct the Parking Facility.


j. "Delivery Date" shall have the meaning ascribed to it in Paragraph 3d hereof.


k. "Financing" shall have the meaning ascribed to it in Paragraph 3b hereof.


l. "Force Majeure Events" means any cause beyond the reasonable control of the party claiming the same, including, but not limited to, strikes; lockouts; acts of God; restrictions, limitations, rationing, curtailments or moratoriums imposed by any governmental authority, whether by rule, regulation, statute, ordinance or otherwise; inability to secure materials or labor by reason of unavailability or regulation or order of any governmental or regulatory body; enemy action; civil disturbance; or fire, storm, earthquake or other casualty.


m. "Gaming Operations" shall have the meaning ascribed to it in Recital E hereof.


n. "Improvements" means the improvements currently located or hereafter constructed on the Property and owned by Lessor, which improvements include, but are not limited to (a) roads providing ingress and egress to, and circulation within, the Property; (b) parking lots and related improvements, including curbs, gutters, aisles, driveways, limousine stands and associated infrastructure; (c) the Parking Facility; (d) landscaping, lighting and signage; (e) applicable utilities (whether constructed on the Property or property subject to easements, leases or licenses in favor of Lessor), including electricity, sanitary sewer, natural gas, telephone, water, cable and storm water drainage; and (f) the Pedestrian Bridge and other pedestrian walkways associated with the improvements referred to in this Paragraph.


o. "Initial Rent" shall have the meaning ascribed to it in Paragraph 6a hereof.


p. "Lease" shall have the meaning ascribed to it in the opening paragraph hereof.


q. "Legal Requirements" shall have the meaning ascribed to it in Paragraph 3d hereof.


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r. "Lessee" shall have the meaning ascribed to it in the opening paragraph hereof.


s. "Lessor" shall have the meaning ascribed to it in the opening paragraph hereof.


t. "Lessor Indemnitee" shall have the meaning ascribed to it in Paragraph 10 hereof.


u. "Loan Agreement" shall mean that certain Construction and Term Loan Agreement by and between Lessor and Firstar Bank, N.A. dated June 19, 2001.


v. "Losses" shall have the meaning ascribed to it in Paragraph 10 hereof.


w. "Majestic" shall have the meaning ascribed to it in Recital E hereof.


x. "Majestic Berthing Agreement" shall have the meaning ascribed to it in Recital E hereof.


y. "Majestic Lease" means that certain Parking Facility Lease of even date herewith between Majestic, as lessee, and Lessor, as lessor, pursuant to which Lessor leases the Premises and subleases the Ground Lease Property to Majestic on terms and conditions substantially identical to those in this Lease.


z. "Mortgage" shall have the meaning ascribed to it in Paragraph 19a hereof.


aa. "Mortgage Lender" shall have the meaning ascribed to it in Paragraph 19a hereof.


bb. "Parking Facility" shall have the meaning ascribed to it in Recital B hereof.


cc. "Pedestrian Bridge" means the pedestrian bridge and related improvements to be constructed by Lessor as a means of pedestrian ingress and egress between the Parking Structure and the improvements located on the BHR Land.


dd. "Permitted Exceptions" shall have the meaning ascribed to it in Paragraph 2 hereof.


ee. "Permitted Financing" means the Financing, and any renewals, extensions, substitutions, refundings, refinancings or replacements thereof including any successive renewals, extensions, substitutions, refundings, refinancings or replacements so long


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as (y) the aggregate principal amount of the indebtedness represented thereby does not exceed the then outstanding principal amount of the indebtedness being renewed, extended, substituted, refunded, refinanced or replaced, and (z) the term of such renewal, extension, substitution, refunding, refinancing or replacement does not exceed the Term , plus (i) accrued interest thereon, (ii) any premium or other payment required to be paid under the terms of the instrument governing such indebtedness or the amount of premium reasonably determined by Lessor as necessary to accomplish such renewal, extension, substitution, refunding, refinancing or replacement, and (iii) expenses reasonably incurred in connection therewith.


ff. "Person" means any individual, corporation, partnership (general or limited), association, limited liability company, trust, estate or other entity.


gg. "Premises" shall have the meaning ascribed to it in Paragraph 2 hereof.


hh. "Prime Rate" means the interest rate from time to time that is published by The Wall Street Journal as the prime lending rate; provided, if The Wall Street Journal ceases to publish an interest rate as the prime lending rate (or similar designation), the Prime Rate shall mean the prime lending rate established from time to time by Chase Manhattan Bank or its successor.


ii. "Property" shall have the meaning ascribed to it in Recital A hereof.


jj. "Supplemental Rent" shall have the meaning ascribed to it in Paragraph 6c hereof.


kk. "Term" shall have the meaning ascribed to it in Paragraph 5 hereof.


ll. "Trump Berthing Agreement" shall have the meaning ascribed to it in recital D hereof.


2. Lease of Premises; Sublease of Ground Lease Property. In
---------------------------------------------------- consideration of the rents and covenants herein stipulated to be paid and performed by Lessee and upon the terms and conditions herein specified (a) Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, for the Term (i) the Property, (ii) the use of all Appurtenances now or hereafter benefitting the Property (provided, said use shall be on a non-exclusive basis), and (iii) the Improvements (collectively, the "Premises"), in each case subject, but not subordinate, to the rights and interests of the lessee pursuant to the Majestic Lease and subject to the terms and conditions set forth herein, and (b) Lessor hereby subleases to Lessee, and Lessee hereby subleases from Lessor, for the Term, the Ground Lease Property, subject to the terms and conditions of the Ground Lease. Without limiting the generality of the foregoing, the Premises are demised and let and the Ground Lease Property is demised and sublet subject to the matters listed on Schedule D hereto (the "Permitted Exceptions") and to Lessor's rights hereunder.


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3. Lessor's Obligation to Construct Parking Facility.
-------------------------------------------------


a. Lessor shall construct the Parking Facility as contemplated by the "Standard Form of Agreement Between Owner and Design/Builder" between Lessor and Tonn & Blank Construction and in accordance with the provisions of this Paragraph 3.


b. Lessor's obligation to commence and complete construction shall be subject to its ability to procure (i) financing proceeds in the amount of at least Seventeen Million One Hundred Twenty-Eight Thousand ($17,128,000) Dollars to be used for, among other things, construction of the Parking Facility (the "Financing"), and (ii) applicable permits, licenses and other governmental approvals sufficient to permit the construction of the Parking Facility (the "Approvals"). Upon obtaining the Financing and the Approvals, Lessor shall prosecute construction of the Parking Facility with diligence, and shall use best efforts to achieve substantial completion thereof, subject to delays occasioned by Force Majeure Events.


c. The Parking Facility shall be constructed so as to (i) be constructed in a good and workmanlike fashion, and (ii) comply with all applicable laws, rules and regulations (including, but not limited to, the Americans with Disabilities Act) of governmental authorities having jurisdiction over the Property or the Parking Facility.


d. In addition, Lessor shall fully comply with, observe and discharge or cause to be complied, observed and discharged, and cause the Premises to comply with, all laws, ordinances and regulations, and other governmental rules, orders and determinations now or hereafter enacted, made or issued, whether or not presently contemplated, applicable to the Premises, improvements constructed thereon, and/or the ownership, use, operation and/or maintenance thereof including, but not limited to, any law pertaining to the environment, health or safety (collectively, "Legal Requirements") to the extent applicable to the construction of the Parking Facility and/or the ownership or use of the Premises prior to the date of Lessor's completion of the Parking Facility in accordance with the terms hereof and the issuance of a permanent certificate of occupancy therefor (the "Delivery Date"). Lessor shall indemnify and hold harmless Lessee, its members, employees, representatives, officers, directors and agents from and against any liability, obligation or expense, including reasonable attorneys' fees and other litigation expenses, incurred or asserted against them based on a violation by Lessor or Lessor's members, employees, representatives, officers, directors, invitees (other than Lessee or Lessee's members, employees, representatives, officers, directors, invitees or agents) or agents of any Legal Requirements prior to the Delivery Date.


e. Notwithstanding anything contained herein to the contrary, in no event shall Lessor be obligated to spend more than the amount of the Initial Rent received by Lessor under this Lease and the Majestic Lease, together with the amount available to Lessor under the Financing and from payments of Supplemental Rent under this Lease and the Majestic Lease, in constructing the Parking Facility.


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4. Use; Maintenance; Compliance with Laws and Contracts.
----------------------------------------------------


a. Lessee may use the Premises subject, but not subordinate, to the rights of the lessee under the Majestic Lease, for pedestrian and vehicular ingress and egress and for the parking of automobiles, limousines, trucks, buses and vehicles of Lessee, and the employees, agents, patrons, customers, suppliers, invitees, successors and assignees of Lessee, provided all such use shall be in support of the Gaming Operations. Lessor and Lessee each acknowledge and agree that either party shall have the right to enforce reasonable rules and regulations (including "booting" after notice), to discourage persons not gaming at the gaming vessels of either Lessee or Majestic from parking in the Parking Facility.


b. At all times during the Term following the Delivery Date, Lessee shall maintain the Premises in a good and sound condition and repair, reasonable wear and tear excepted, at Lessee's sole cost and expense and at no expense to Lessor. In the event Lessee breaches its obligation to so maintain the Premises and such breach continues for a period of thirty (30) days after Lessor provides Lessee with written notice of such breach (provided that, if the breach is of such a nature that it reasonably requires more than thirty (30) days to repair the thirty (30) day period shall be extended so long as Lessee commences such cure within said thirty (30) day period and thereafter prosecutes such cure to completion with reasonable diligence), Lessor shall have the right to enter the Premises for the purpose of conducting such repair, maintenance or replacement activities as may be necessary to cure such default. The cost of any such cure activities, including reasonable attorneys fees, shall be paid by Lessee to Lessor within five (5) days after Lessor's submission to Lessee of a written statement detailing same.


c. Except as expressly set forth herein to the contrary, from and after the Delivery Date, Lessee shall comply with and cause the Premises to comply with all Legal Requirements applicable to the Premises and/or the use thereof and Lessee shall not create or suffer to exist any public or private nuisance or hazardous or blighted condition on or with respect to the Premises.


d. Following the Delivery Date, Lessee shall duly and punctually observe, perform and comply with the provisions of any agreements which constitute a Permitted Exception, to the extent applicable to Lessee's use, occupancy and/or maintenance of the Premises, and Lessee further covenants and agrees that it will not, directly or indirectly, do any act or suffer or permit any condition or thing within Lessee's control to occur which would constitute a default by Lessor under any of the Permitted Exceptions.


e. Lessee may use the Ground Lease Property subject, but not subordinate, to the rights of the lessee under the Majestic Lease, for the purposes permitted pursuant to the Ground Lease and for no other purpose.


5. Term. The term of this Lease (i) shall be from the date hereof
---- through December 31, 2018 with respect to the Premises, and (ii) the earlier of the expiration date of the Ground Lease or December 31, 2018 with respect to the Ground Lease Property (the "Term"),


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whereupon, as applicable, Lessee shall surrender the Premises and Ground Lease Property to Lessor pursuant to Paragraph 23 herein.


6. Rent; Assumption of Ground Lease Obligations; Reimbursement.
-----------------------------------------------------------
Lessee shall pay to Lessor in lawful money of the United States as rent hereunder the following amounts at the following times:


a. Payable upon execution hereof, an initial payment of Eight Million Four Hundred Seventeen Thousand, Eight Hundred Ninety-Nine ($8,417,899) Dollars ("Initial Rent");


b. A monthly payment equal to one hundred (100%) percent of Lessor's Debt Service requirement for the following month, payable as follows: (i) on the fifteenth (15th) day of each month during the Term, a payment equal to fifty (50%) percent of Lessor's Debt Service requirement for the following month; and (ii) in the event that Lessor has not received a payment equal to the remaining fifty (50%) percent of Lessor's Debt Service requirement for the following month from the lessee under the Majestic Lease by the twenty-third (23rd) day of the month, Lessor shall immediately provide notice to Lessee thereof, and Lessee shall make a payment equal to the remaining fifty percent (50%) of Lessor's Debt Service requirement for the following month (or such lesser amount in the event of a partial payment by the lessee under the Majestic Lease) within two (2) business days of receipt of such written notice, but in no event later than the last day of such month ("Basic Rent");


c. Payment equal to one hundred (100%) percent of the amount, if any, by which the construction costs incurred by Lessor to construct the Parking Facility exceed the net proceeds of the Financing ("Supplemental Rent"), payable as follows: (i) ten (10) days prior to the Delivery Date, a payment equal to fifty (50%) percent of the Supplemental Rent; and (ii) in the event that Lessor has not received a payment equal to the remaining fifty (50%) percent of the Supplemental Rent from the lessee under the Majestic Lease by the Delivery Date, Lessor shall immediately provide notice to Lessee thereof, and Lessee shall make a payment equal to the rema
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