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 of such Guaranteed Maximum
Cost) shall be adjusted accordingly by Change Order. Owner shall
not unreasonably withhold consent to Change Orders
