Exhibit 10.6
SECOND AMENDMENT TO GROUND LEASE
AND SUBLEASE
This SECOND AMENDMENT TO GROUND
LEASE AND SUBLEASE (this “ Second Amendment
”) is entered into as of the 7th day of January, 1997 by and
between KB ENTERPRISES, a Nevada corporation (“
Landlord ”), and BOULDER STATION, INC., a
Nevada corporation (“ Tenant
”).
Recitals
A.
Landlord and Tenant entered into
that certain Ground Lease and Sublease dated June 1, 1993, as
amended by that certain First Amendment to Ground Lease and
Sublease dated June 30, 1995 by and between Landlord and
Tenant (the “ Original Lease ” and, as
amended by this Second Amendment, the “ Lease
”).
B.
Landlord and Tenant desire to amend
the Original Lease as provided herein.
Agreement
NOW, THEREFORE, in exchange for the
mutual promises and covenants contained herein, the sufficiency of
which is hereby acknowledged by each of the undersigned, the
undersigned parties agree as follows:
1.
The Original Lease is hereby amended
by insertion of the following as Article XIII(Z):
Z.
Landlord
Accomodations .
1.
Defined
.
Landlord and Tenant acknowledge
that Tenant’s improvements and operations on the Land have
been and will continue to be subject to various regulatory
requirements applicable to the gaming industry, and that as a
result of such requirements, Tenant or certain gaming regulatory
agencies may request that Landlord take, or refrain from taking,
certain actions in order to accomodate Tenant’s development
and operation of gaming facilities (collectively, “
Landlord Accommodations ”
) . The result of such
Landlord Accommodations may even limit or dictate to whom Landlord
can or cannot transfer the Land, enter into loans therewith or
other activities which restrict the normal operation of
income-producing property, thereby potentially impacting the value.
The compliance with any such request of Landlord Accommodation
shall be in the sole discretion of the Landlord. Any granting or
performance by Landlord of any Landlord Accommodation shall be
conditioned upon Tenant’s agreement to Subsections
(2) and (3) of this Section XIII(Z).
2.
Reimbursement of
Expenses . Tenant
shall promptly reimburse Landlord, upon written demand and
presentation to Tenant of appropriate
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