Exhibit 10.46
ADDENDUM
TO
LEASE AND AGREEMENT-SPRING 1995
(LOWER LOTS)
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This Addendum to
Lease Agreement-Spring 1995 Lower Lots hereinafter
(“Addendum”) is made this 4 th day of
April, 1996
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between
the Andrianakos Limited Liability Company, a Colorado limited
liability company, the Lessor, and Anchor Coin, Inc., d/b/a
Colorado Central Station Casino, Inc., the Lessee.
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WHEREAS, the parties
hereto are also parties to that certain Lease and Agreement-Spring
1995 (Lower Lots) dated
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August 15, 1995,
recorded at Book 590, Page 086, Gilpin County Clerk and
Recorder’s office hereinafter (“Lease”);
and,
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WHEREAS, the parties
wish to modify certain terms of the Lease concerning specific
portions of the property hereinafter
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described and the
parties further wish to add additional property to the leasehold of
the Lessee as more thoroughly described hereinafter.
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NOW THEREFORE, be it
agreed as follows:
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1.
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Property
Identification .
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The following described
properties are the subject of this Addendum.
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1.1.
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Balance Lot 1.
Block 50 . The Lease included the Easterly 20 feet of
Lot 1, Block 50, City of Black Hawk. The remaining portion of Lot
1, Block 50 was not part of the Lease because of a competing claim
of ownership made by other parties at the time of the execution
. of the Lease. Lessor has now resolved those completing
claims. Lessor owns and has marketable title to all of Lot 1, Block
50. Accordingly, the balance of Lot 1, Block 50 not leased to
Lessee under the Lease (hereinafter “Balance Lot 1, Block
50”) which is more thoroughly described in Exhibit A
attached hereto, is the subject of this Addendum.
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1.2.
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Gabriel Spalti
Portion . Lessee pursuant to certain leases executed in
1993 and 1994 purported to lease to Lessor a portion of the Gabriel
Spalti Tract Mining Claim, (hereinafter “Gabriel Spalti
Portion”) which the property is more thorough described in
Exhibit A attached hereto. Additionally, Subparagraph B-5. 7)
of the Lease referenced that the Gabriel Spalti Portion might be a
part of the property addressed in the Lease. Nevertheless, it was
later determined the Lessor did not have title to the Gabriel
Spalti Portion. Lessor did make a payment of $50,000.00 to the then
owner of the Gabriel Spalti Portion. Subsequently, Lessee recently
obtained title to the Gabriel Spalti Portion and such property is
addressed in this Addendum.
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1.3.
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Lot 15, Block
49 . Lessor may have recently acquired Lot 15, Block 49,
City of Black Hawk hereinafter (“Lot 15, Block 49”),
which is more thoroughly described in Exhibit A attached
hereto. To the extent that it exists Lot 15, Block 49 is West of
and immediately adjacent to Balance Lot 1, Block 50. This property
is also the subject of this Addendum.
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2.
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Disclaimer and Quit
Claim
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Lessor disclaims, in
favor of Lessee any and all interest in the Gabriel Spalti Portion.
Lessor has remised, released, sold, conveyed and Quit Claimed, and
by these presents does remise, release, sell, convey and Quit Claim
unto Lessee, it successors and assigns forever, all right, title,
interest, claim and demand which the Lessor has in and to the
Gabriel Spalti Portion, together with improvements, if any,
situate, lying and being in the County of Gilpin, State of Colorado
as described in Exhibit A. By its signature hereto Lessor
acknowledges Lessee as owner to have and to hold the Gabriel Spalti
Portion together with all and singular the appurtenances and
privileges thereunto belonging, or in anywise thereunto
appertaining, and all the estate, right, title, interest
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