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SECOND AMENDMENT TO LEASE N
STATE OF LOUISIANA Section
Section
PARISH OF CALCASIEU Section
THIS SECOND AMENDMENT TO LEASE made this _______ day of
_________________, 1995, between PORT RESOURCES, INC., a Louisiana corporation,
and CRU, INC., a Louisiana corporation (hereinafter collectively, "LANDLORD"),
and ST. CHARLES GAMING COMPANY, INC., a Louisiana corporation (hereinafter
"TENANT").
W I T N E S S E T H:
A. Effective as of the 17th day of July, 1995, LANDLORD and
TENANT entered into that certain Lease (the "Lease"), covering the property
situated in Calcasieu Parish, Louisiana, as more fully described therein (the
"Leased Property").
B. Effective as of the 17th day of July, 1995, LANDLORD and
TENANT agreed to further modify and amend certain terms and conditions of the
Lease and desired to set forth such agreement in writing, whereby they entered
into an Amendment to Lease ("First Amendment").
NOW, THEREFORE, for and in consideration of the sum of $10.00 cash to
each the other in hand paid, the mutual covenants contained herein and other
good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, LANDLORD and TENANT hereby agree as follows:
D. It is necessary to modify and amend the following property
description for property located in Calcasieu Parish, Louisiana, which was
originally defined in the Lease as follows:
That certain tract or parcel of land described as Block 22,
less and except the North 40.00 feet thereof; Block 30, less
and except a 40.00 foot by 396.00 foot strip on the North side
thereof, belonging to Olin Corporation (formerly Mathieson
Alkali Works Inc.); Block 21 and Block 29 of the Old Townsite
of Westlake, and a 60.00 foot right- of-way, known as Hazel
Avenue, all lying within Section 36, Township 9 South, Range 9
West, Calcasieu Parish, Louisiana, being more particularly
described as follows to- wit:
Commencing at the Northwest Corner of Block 22 of the Old
Townsite of Westlake in Section 36, Township 9 South, Range 9
West, Calcasieu Parish, Louisiana;
Thence South 00 Degrees 14' 51" West, along the West line of
Block 22 and West line of said Section 36, for a distance of
40.00 feet, the point of beginning of herein described tract;
Thence South 88 Degrees 50' 45" East, 40.00 feet South of and
parallel with the North line of said Block 22 and Block 30,
for a distance of 396.00 feet;
Thence North 00 Degrees 14' 51" East, parallel with the West
line of Block 22, for a distance of 40.00 feet, to the North
line of Block 30 of the Old Townsite of Westlake;
Thence South 88 Degrees 50' 45" East, along the North line of
said Block 30, for a distance of 159.12 feet to the West bank
of the Calcasieu River:
Thence Southerly, following the meander of the top west bank
or right descending bank of the Calcasieu River, for a
distance of 506.68 feet more or less to the South line of
Block 29 of the Old Townsite of Westlake;
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Thence North 88 Degrees 50' 45" West, along the South line of
Blocks 29 and 21 of the Old Townsite of Westlake for a
distance of 517.50 feet to the Southwest Corner of said Block
21 and West line of the aforesaid Section 36;
Thence North 00 Degrees 14' 51" East, along the West line of
Blocks 21 and 22 for a distance of 451.40 feet to the point of
commencement;
Herein described tract is subject to a 60.00 foot road
right-of-way, known as Hazel Avenue, lying East of Westlake
Avenue between Blocks 22, 30 and 21, 29 of the Old Townsite of
Westlake.
Herein described tract containing 5.75 acres, more or less,
and as depicted as Tract 1 on the attached plat attached
hereto as "Exhibit To Lease".
E. The LANDLORD and TENANT desire that the property description
for this property in Calcasieu Parish, Louisiana be corrected to read as
follows:
That certain tract or parcel of land described as Block 22,
less and except the North 40.00 feet thereof; Block 30, less
and except a 40.00 foot by 396.00 foot strip on the North side
thereof, belonging to Olin Corporation (formerly Mathieson
Alkali Works Inc.); Block 21 and Block 29 of the Old Townsite
of Westlake, and a 60.00 foot right- of-way, known as Hazel
Avenue, all lying within Section 36, Township 9 South, Range 9
West, Calcasieu Parish, Louisiana, being more particularly
described as follows to- wit:
Commencing at the Northwest Corner of Block 22 of the Old
Townsite of Westlake in Section 36, Township 9 South, Range 9
West, Calcasieu Parish, Louisiana;
Thence South 00 Degrees 14' 51" West, along the West line of
Block 22 and West line of said Section 36, for a distance of
40.00 feet, the point of beginning of herein described tract;
Thence South 88 Degrees 35' 31" East, 40.00 feet South of and
parallel with the North line of said Block 22 and Block 30,
for a distance of 396.00 feet;
Thence North 00 Degrees 14' 51" East, parallel with the West
line of Block 22, for a distance of 40.00 feet, to the North
line of Block 30 of the Old Townsite of Westlake;
Thence South 88 Degrees 35' 31" East, along the North line of
said Block 30, for a distance of 159.12 feet to the West bank
of the Calcasieu River:
Thence Southerly, following the meander of the top west bank
or right descending bank of the Calcasieu River, for a
distance of 508.70 feet more or less to the South line of
Block 29 of the Old Townsite of Westlake;
Thence North 88 Degrees 35' 31" West, along the South line of
Blocks 29 and 21 of the Old Townsite of Westlake for a
distance of 517.50 feet to the Southwest Corner of said Block
21 and West line of the aforesaid Section 36;
Thence North 00 Degrees 14' 51" East, along the West line of
Blocks 21 and 22 for a distance of 451.40 feet to the point of
commencement;
Herein described tract is subject to a 60.00 foot road
right-of-way, known as Hazel Avenue, lying East of Westlake
Avenue between Blocks 22, 30 and 21, 29 of the Old Townsite of
Westlake.
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Herein described tract containing 5.75 acres, more or
less, and as depicted as Tract 1 on the attached plat
attached hereto as "Exhibit To Lease".
Ratification of Lease. No other amendment to the Lease is made or
intended to be made hereby and, except as amended by this instrument, the Lease
is hereby ratified, confirmed and reaffirmed by the parties.
EXECUTED effective as of the date set forth above, in multiple
original counterparts, each of which shall be an original, but all of which
together shall constitute but one and the same instrument.
LANDLORD
WITNESSES: PORT RESOURCES, INC.
____________________________________ By:_________________________________
Name: ______________________________
____________________________________ Title: _____________________________
ACKNOWLEDGMENT
STATE OF LOUISIANA
PARISH OF CALCASIEU
On this _______ day of ______________________, 1995, before me
personally appeared ______________________________, to me personally known, who
being by me duly sworn, did say that he is the ____________________________, of
PORT RESOURCES, INC., and said appearer acknowledged to me, Notary, in the
presence of the undersigned competent witnesses, that the foregoing instrument
was signed on behalf of said corporation by authority of its Board of
Directors, and said appearer acknowledged said instrument to be the free act
and deed of said corporation.
IN WITNESS WHEREOF, said appearer has executed these presents together
with me, Notary, and the undersigned competent witnesses, in the Parish/County
and State aforesaid, on the date first above written.
WITNESSES:
____________________________________
____________________________________
____________________________________
____________________________________
NOTARY PUBLIC
WITNESSES: CRU, INC.
____________________________________ By:_________________________________
Name: ______________________________
____________________________________ Title: _____________________________
ACKNOWLEDGMENT
STATE OF LOUISIANA
PARISH OF CALCASIEU
On this _______ day of ______________________, 1995, before me
personally appeared ______________________________, to me personally known, who
being by me duly sworn, did say that he is the ____________________________, of
CRU, INC., and said appearer
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acknowledged to me, Notary, in the presence of the undersigned competent
witnesses, that the foregoing instrument was signed on behalf of said
corporation by authority of its Board of Directors, and said appearer
acknowledged said instrument to be the free act and deed of said corporation.
IN WITNESS WHEREOF, said appearer has executed these presents together
with me, Notary, and the undersigned competent witnesses, in the Parish/County
and State aforesaid, on the date first above written.
WITNESSES:
____________________________________
____________________________________
____________________________________
____________________________________
NOTARY PUBLIC
TENANT
WITNESSES: ST. CHARLES GAMING COMPANY, INC.
____________________________________ By:_________________________________
Name: ______________________________
____________________________________ Title: _____________________________
ACKNOWLEDGMENT
STATE OF________________________
PARISH/COUNTY OF__________________________
On this _______ day of ______________________, 1995, before me
personally appeared ______________________________, to me personally known, who
being by me duly sworn, did say that he is the ____________________________, of
ST. CHARLES GAMING COMPANY, INC., and said appearer acknowledged to me, Notary,
in the presence of the undersigned competent witnesses, that the foregoing
instrument was signed on behalf of said corporation by authority of its Board
of Directors, and said appearer acknowledged said instrument to be the free act
and deed of said corporation.
IN WITNESS WHEREOF, said appearer has executed these presents together
with me, Notary, and the undersigned competent witnesses, in the Parish/County
and State aforesaid, on the date first above written.
WITNESSES:
____________________________________
____________________________________
____________________________________
____________________________________
NOTARY PUBLIC
WITNESSES: CROWN CASINO CORPORATION
____________________________________ By:_________________________________
____________________________________ Name: ______________________________
____________________________________ Title: _____________________________
ACKNOWLEDGMENT
STATE OF _____________________________
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PARISH/COUNTY OF __________________________
On this _______ day of ______________________, 1995, before me
personally appeared ______________________________, to me personally known, who
being by me duly sworn, did say that he is the ____________________________, of
CROWN CASINO CORPORATION, and said appearer acknowledged to me, Notary, in the
presence of the undersigned competent witnesses, that the foregoing instrument
was signed on behalf of said corporation by authority of its Board of
Directors, and said appearer acknowledged said instrument to be the free act
and deed of said corporation.
IN WITNESS WHEREOF, said appearer has executed these presents together
with me, Notary, and the undersigned competent witnesses, in the Parish/County
and State aforesaid, on the date first above written.
WITNESSES:
____________________________________
____________________________________
____________________________________
____________________________________
NOTARY PUBLIC
WITNESSES: LOUISIANA RIVERBOAT GAMING
PARTNERSHIP
____________________________________ By:_________________________________
Name: ______________________________
____________________________________ Title: _____________________________
ACKNOWLEDGMENT
STATE OF _____________________________
PARISH/COUNTY OF ___________________________
On this _______ day of ______________________, 1995, before me
personally appeared ______________________________, to me personally known, who
being by me duly sworn, did say that he is the ____________________________, of
LOUISIANA RIVERBOAT GAMING PARTNERSHIP, and said appearer acknowledged to me,
Notary, in the presence of the undersigned competent witnesses, that the
foregoing instrument was signed on behalf of said partnership by authority of
its members, and said appearer acknowledged said instrument to be the free act
and deed of said partnership.
IN WITNESS WHEREOF, said appearer has executed these presents together
with me, Notary, and the undersigned competent witnesses, in the Parish/County
and State aforesaid, on the date first above written.
WITNESSES:
____________________________________
____________________________________
____________________________________
____________________________________
NOTARY PUBLIC