Lease Amendment No. 1 between Boulder Station, Inc. and KB Enterprises

Contract Categories: Real Estate Lease Agreements
Summary

This amendment to the original ground lease and sublease, dated June 1, 1993, is between Boulder Station, Inc. (Tenant) and KB Enterprises (Landlord). The amendment clarifies that the appraised value of the landlord's interest in the lease will not be less than the present value of the remaining lease payments. This change is intended to reflect the parties' original intent and to support asset transfers needed by the tenant for gaming license requirements. The amendment was signed on December 23, 1996.

EX-10.5 2 a06-1938_1ex10d5.htm MATERIAL CONTRACTS

Exhibit 10.5

 

LEASE AMENDMENT NO. 1

 

WHEREAS, Boulder Station, Inc. (“Tenant”) and KB Enterprises (“Landlord”) have entered in a Ground Lease and Sublease dated June 1, 1993 (the “Lease”);

 

WHEREAS, Landlord and Tenant agreed and intended as of such date that the appraised value of the lease be the higher of the fair market value of the land or the present value of lease payments;

 

WHEREAS, Landlord and Tenant received advice from Carlsmith, Ball, Wichman, Case & Ichiki that the lease language is not inconsistent with that intent; and

 

WHEREAS, in connection with Landlord’s accommodating requests for asset transfers needed by Tenant for its gaming license needs, Landlord expressed a desire to memorialize the intent by amending the Lease;

 

NOW, THEREFORE, the parties to the Lease agree to amend the Lease by adding a sentence at the end of paragraph 1.2. in Article I thereof as follows:

 

“Notwithstanding the foregoing, the market value of the Landlord’s interest shall not be deemed to be lower than the present value of the income stream remaining on the Lease.”

 

By executing below, the parties agree to this Amendment No. 1 to the Lease this 23rd day of December, 1996.

 

 

By:

/s/ Glenn C. Christenson

 

 

 

Boulder Station, Inc.

 

 

 

 

By:

/s/ W. J. Bullard

 

 

 

KB Enterprises