Design/Build Contract
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
SKADDEN, ARPS, SLATE, MEAGHER& FLOM LLP
919 Third Avenue
New York, New York 10022
Attention: Wallace L. Schwartz, Esq.
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(Space Above For Recorder's Use)
ALADDIN GAMING/BAZAAR/MUSIC
CONSTRUCTION, OPERATION AND RECIPROCAL
EASEMENT AGREEMENT
by and among
ALADDIN GAMING, LLC,
a Nevada limited-liability company "Aladdin Gaming"
and
ALADDIN BAZAAR, LLC,
a Delaware limited liability company "Bazaar Company"
And
ALADDIN MUSIC HOLDINGS, LLC
a Nevada limited-liability company" Aladdin Music"
全文目录如下:
详细内容见附件
2.1 Definitions and Conditions
2.2 Easement: Automobile Parking, Vehicular and Pedestrian Access; Emergency Egress
2.5 Easement: Maintenance of Common Structural Supports
2.6 Easement: Exterior and Accent Lights
2.7 Easement: Truck Loading Areas
2.11 Easement: General Integration, Maintenance and Development
2.12 No Dedication of Easements
2.14 Granting of Easements to Utility Companies
ARTICLE 3 CONSTRUCTION OF REDEVELOPED ALADDIN
3.1 General Covenants and Background
3.4 Interference During Construction
3.5 Optional Improvements and Music Hotel
3.8 Temporary Termination of Fire Service
3.10 Submittal of As-Built Plans and Record Drawings
3.11 Self-Help Cure of Construction Defaults
ARTICLE 4 ALLOCABLE SHARES OF COMMON COSTS
4.3 Creation of Lien and Personal Obligation for Payment of Allocable Shares
4.4 Adjustments to Allocable Share of Common Costs
ARTICLE 5 CENTRAL ENERGY PLANT
5.1 Construction of Central Energy Plant
5.3 Sale of Excess Electricity, Chilled Water and Hot Water
ARTICLE 6 FLOOR AREA, USE, AND OPERATION
6.1 Floor Area; First and Second Scheduled Opening Dates
6.3 Limitation on Detrimental Characteristics
6.6 Commercial Subdivision; Taxes and Assessments
ARTICLE 7 COVENANTS AGAINST WASTE
ARTICLE 8 INDEMNIFICATION AND INSURANCE
8.2 General Liability Insurance
8.5 Controlled Insurance Program
8.6 Mutual Release; Waiver of subrogation
ARTICLE 9 REPAIR, MAINTENANCE, ALTERATIONS AND RESTORATION
9.2 Maintenance- Common Parking Area
9.3 Alterations- Buildings and Common Area
9.4 Restoration of Buildings and/or Common Area
9.5 Restoration of Improvements Not Covered by Section 9.4
9.7 Licenses for Repairs, Maintenance, Alterations and Restoration
9.9 Self-Help Cure of Maintenance and Restoration Defaults
ARTICLE 11 DISCHARGE AND RELEASE
11.2 Discharge on Involuntary Transfer; Condemnation
11.5 Aladdin Gaming Released From Operating Covenants
11.6 Bazaar Company Released from Operating Covenants
11.7 Aladdin Music Released from Operating Covenants
11.8 Excuse and Release From Restoration Covenants
ARTICLE 15 MORTGAGEE PROVISIONS
16.1 Method and Effect of Amendment
16.2 No Third Party Beneficiary
ARTICLE 18 EXERCISE OF APPROVAL RIGHTS
ARTICLE 19 EFFECTIVE DATE OF REA
20.1 Breach Shall Not Defeat Mortgage
20.2 Breach Shall Not Permit Termination
Exhibit "A-1" LEGAL DESCRIPTION
Exhibit "A-2" LEGAL DESCRIPTION GAMING
Exhibit "A-3" LEGAL DESCRIPTION BAZAAR
Exhibit "A-4" LEGAL DESCRIPTION ALADDIN MUSIC
Exhibit "A-5" LEGAL DESCRIPTION UTILITY
Exhibit "A-6" LEGAL DESCRIPTION OPTIONAL IMPROVEMENTS
Exhibit "C" PLANS AND SPECIFICATIONS
SCHEDULE "I" ALLOCABLE SHARE OF COMMON COSTS
SCHEDULE "II" ALLOCABLE SHARE OF REAL ESTATE TAXES
CONSTRUCTION, OPERATION AND
RECIPROCAL EASEMENT AGREEMENT
(Aladdin Gaming/Bazaar/Music)
THIS CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENT AGREEMENT (this "REA") is made and entered into as of February 26, 1998, by and between ALADDIN GAMING, LLC, a Nevada limited-liability company ("Aladdin Gaming"), ALADDIN BAZAAR, LLC, a Delaware limited liability company ("Bazaar Company"), and ALADDIN MUSIC HOLDINGS, LLC, a Nevada limited-liability company ("Aladdin Music").
RECITALS:
A. Aladdin Gaming is the owner of that certain real property located at 3667 Las Vegas Boulevard South in Clark County, Nevada (the "County") which is more particularly described on Exhibit "A-1" attached hereto (the "Site"). The Site is currently improved with certain improvements commonly known as the "Aladdin Hotel and Casino" which are being, or will be, demolished and redeveloped, pursuant to the terms of that certain Site Work Development and Construction Agreement dated as of the date hereof, among Aladdin Holdings, LLC, Aladdin Gaming and Bazaar Company (the "Site Work Agreement").
A memorandum of the Site Work Agreement shall be recorded in the Official Records of the County immediately following the recordation of this REA. In addition to the demolition contemplated by the Site Work Agreement, certain portions of the Site will be prepared pursuant to the terms of the Site Work Agreement with various on-site and off-site infrastructure improvements to permit the development of the Redeveloped Aladdin (as hereinafter defined) described in this REA.