SECOND AMENDMENT TO CONSTRUCTION
MANAGEMENT AND GENERAL CONTRACTOR’S AGREEMENT
This Second Amendment to Construction Management
and General Contractor’s Agreement (“Amendment”),
dated to be effective as of April 23, 2008, is made by and
between HRHH Hotel/Casino, LLC and HRHH Development, LLC, each
Delaware limited liability companies (collectively,
“Owner”) and MJ Dean Construction, Inc., a Nevada
corporation (“Contractor”)(collectively,
“Parties”).
A. The Parties entered into that certain
Construction Management and General Contractor’s Agreement,
dated February 22, 2008, as amended by the First Amendment to
Construction Management and General Contractor’s Agreement,
dated to be effective March 11, 2008 (the
“Agreement”).
B. The Parties
desire to amend the Agreement as set forth below.
NOW, THEREFORE, for good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereby amend the Agreement as
follows:
1. Defined Terms . Unless otherwise
defined herein, all capitalized terms used in this Amendment shall
have the meaning given such terms in the Agreement. Unless the
context otherwise indicates, all references herein to the Agreement
shall include this Amendment.
2. Deletion of Phase I-A Shell
Expansion Reference . In the second line of the third
“whereas clause” on the first page of the Agreement,
delete the reference to “the Phase I-A Shell
Expansi