The City of Sioux City filed suit last fall to evict Midland Marina because it claimed Midland had not presented audits showing gross sales. A lease provision calls for bonus rent payments if Midland reaches certain levels of sales. Midland Marina was granted an injunction stopping the city from terminating the lease and being evicted. In the fall of 1998 the city filed action to evict against Midland, based upon failure to provide audit. In 1999 the city filed action to evict for failure to pay taxes, and an action to evict for either failure to provide audit or failure to do all the repairs.
Records indicate the taxes have been paid.
The two were also at issue over who has responsibility for the condition of the premises. Midland claims the city is responsible for the repair of docks and other facilities. Arbitrator William J. Rawlings ruled that the original lease in December 1991 has been modified and amended. The city had waived any bonus rent, he said. Midland has not failed to comply with any obligation with regard to the providing of audits, because the audits have been and are waived by the city, Rawlings said.