SECOND AMENDMENT TO
CONSTRUCTION
MANAGEMENT AND GENERAL CONTRACTOR’S AGREEMENT
This Second
Amendment to Construction Management and General Contractor’s
Agreement (“Amendment”), dated to be effective as of
April 23, 2008, is made by and between HRHH Hotel/Casino, LLC
and HRHH Development, LLC, each Delaware limited liability
companies (collectively, “Owner”) and MJ Dean
Construction, Inc., a Nevada corporation (“Contractor”)
(collectively, “Parties”).
A. The
Parties entered into that certain Construction Management and
General Contractor’s Agreement, dated February 22, 2008,
as amended by the First Amendment to Construction Management and
General Contractor’s Agreement, dated to be effective
March 11, 2008 (the “Agreement”).
B. The
Parties desire to amend the Agreement as set forth
below.
NOW, THEREFORE,
for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereby amend the
Agreement as follows:
1.
Defined Terms . Unless otherwise defined herein, all
capitalized terms used in this Amendment shall have the meaning
given such terms in the Agreement. Unless the context otherwise
indicates, all references herein to the Agreement shall include
this Amendment.
2.
Deletion of Phase I-A Shell Expansion Reference . In the
second line of the third “whereas clause” on the first
page of the Agreement, delete the reference to “the Phase I-A
Shell Expansion.”
3.
Section 3.8 . Section 3.8 of the Agreement is
deleted and replaced with the following:
Allowances . An allowance (“Allowance”) is an
estimated amount established in a Guaranteed Maximum Cost Work
Authorization to cover the cost of a prescribed item not specified
in detail with provision that variations between such amount and
the finally determined cost of the prescribed item will be
reflected in a Change Order to be entered into in accordance with
the terms hereof. Assumptions, Allowances and clarifications on
which any such Guaranteed Maximum Cost is based shall be set forth
in the applicable Work Authorization. If costs are more or less
than Allowances, the applicable Guaranteed Maximum Cost (including
the Fixed Fee which comprises a portion
