Fourth Amendment to Amended and Restated Development Agreement among City of Detroit, EDC, and Detroit Entertainment, L.L.C.

Summary

This amendment updates the existing development agreement between the City of Detroit, the Economic Development Corporation of Detroit, and Detroit Entertainment, L.L.C. for the Detroit Waterfront Reclamation and Casino Development Project. The main change is extending a key deadline from December 31, 2001, to March 31, 2002. All other terms of the original agreement remain in effect. The amendment becomes effective once all parties sign and the City Council approves it, along with similar amendments for other casino developers.

EX-10.74 7 a2077883zex-10_74.htm EXHIBIT 10.74
QuickLinks -- Click here to rapidly navigate through this document

Exhibit 10.74


FOURTH AMENDMENT TO THE
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
BY AND AMONG
THE CITY OF DETROIT, THE ECONOMIC DEVELOPMENT CORPORATION
OF THE CITY OF DETROIT AND
DETROIT ENTERTAINMENT, L.L.C.

        THIS FOURTH AMENDMENT (the "Fourth Amendment") to that certain Amended and Restated Development Agreement, dated as of April 9, 1998, as amended by the First Amendment dated June 25,1998, Second Amendment dated December, 1999, and by the Third Amendment dated November 30, 2000, by and among the City of Detroit (the "City"), The Economic Development Corporation of the City of Detroit ("EDC") and Detroit Entertainment, L.L.C., a Michigan limited liability company ("Developer") for the City of Detroit Waterfront Reclamation and Casino Development Project (the "Development Agreement") is made on this    day of November, 2001 by and among the City, EDC and the Developer.

        WHEREAS, the City, EDC and Developer have previously entered into the Development Agreement; and

        WHEREAS, it is the desire of the parties to enter into this Fourth Amendment to amend certain provisions of the Development Agreement.

        NOW, THEREFORE, in consideration of the foregoing premises and the covenants herein contained, the parties agree as follows:

    1.
    All capitalized terms not otherwise defined herein shall have the same, meaning as set forth in the Development Agreement.

    2.
    Section 2.4(d) of the Development Agreement is hereby amended by deleting the reference to "December 31, 2001 "in such section and substituting in its place "March 31, 2002."

    3.
    Except as amended by this Fourth Amendment, the Development Agreement is reaffirmed in all respects and shall remain in full force and effect.

    4.
    This Fourth Amendment shall become effective on the date (the "Amendment Effective Date") on which all of the following have been accomplished: this Fourth Amendment has been executed by all parties hereto and the City Council has duly approved the last of the following: (i) this Fourth Amendment; and (ii) a fourth amendment to the amended and restated development agreements of each of the Other Land-Based Casino Developers containing substantially the same terms and conditions as set forth in this Fourth Amendment.

    5.
    This Fourth Amendment may be executed in counterparts, each of which shall be deemed to be an original document and together shall constitute one instrument.

        IN WITNESS WHEREOF, the parties hereto have set their hands and had their seals affixed on the dates set forth after their respective signatures.

    CITY OF DETROIT, a municipal corporation

 

 

By:

 

DENNIS ARCHER
    Its:   Mayor

 

 

THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF DETROIT, a Michigan public body corporate

 

 

By:

 

ART PAPAPANOS
    Its:   Authorized Agent

 

 

By:

 

C. BETH DUNCOMBE
    Its:   Authorized Agent

 

 

DETROIT ENTERTAINMENT, L.L.C. a Michigan limited liability company

 

 

By:

 

Circus Circus Michigan, Inc. a Michigan corporation, one of its members

 

 

 

 

By:

 

GLENN SCHAEFFER
        Its:   President

 

 

By:

 

Atwater Casino Group, LLC, a Michigan limited liability company, one of its members

 

 

 

 

By:

 

Atwater Management Corporation, a Delaware corporation, its manager

 

 

 

 

 

 

By:

 

VIVIAN CARPENTER
            Its:   Vice President



QuickLinks

FOURTH AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DETROIT, THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF DETROIT AND DETROIT ENTERTAINMENT, L.L.C.