EXHIBIT 10.11
68
BUILDING CONTRACT
THIS CONTRACT is made and entered into as of this Fourteenth
day of August 1995, by and between XXXXXXX XXXXXX ASSOCIATES,
INC., a Nevada Corporation (as General Contractor and hereinafter
referred to as Contractor), and Rio Properties, Inc., d/b/a Rio
Suite Hotel & Casino, a Nevada Limited Partnership (hereinafter
referred to as Owner).
WITNESSETH:
WHEREAS, the Owner intends to construct a 1,015 Room Hotel
Tower; an approximate 255,000 square foot Low-Rise Addition; a
1,080 car Public Parking Garage; a 473 car Valet Parking Garage;
remodel an approximate 18,000 square feet of existing Low-Rise
building area; and related Onsite and Offsite Improvements in Las
Vegas, Nevada, said Rio Phase V Expansion being hereinafter
referred to as the Project (Our Project #738-95), and
WHEREAS, the Owner requests the Contractor to perform the
work and supply said materials and equipment necessary to
complete the Project, and
WHEREAS, the Contractor desires to perform said work and to
supply said materials and equipment,
NOW THEREFORE, in consideration of the mutual benefits
arising therefrom, and for other good and valuable consideration,
it is hereby agreed as follows.
ARTICLE 1
CONTRACT DOCUMENTS
(A) The documents constituting the Contract between the
Owner and the Contractor (and hereby collectively referred to as
the Contract or this Contract) consist of the following:
(1) This Building Contract.
(2) Xxxxxxx Xxxxxx Associates proposal dated 4 August
1995, attached hereto as Exhibit "B".
(3) Preliminary Project Plans entitled: Rio Phase V
Expansion sheets A2.1, A2.2, A2.3 dated 21 July
1995 and Sheets TA1.1, TA2.0. TA2.1, TA2.2, TA2.3,
TA5.0, TA5.1 and TA6.0 dated 11 July 1995, as
prepared by Xxxxxxx X. Xxxxxxx XX, Chtd.,
Architect.
(B) In the event of any conflict between or among any of
the terms or conditions of the documents constituting this
Contract, the following order shall be employed in resolving any
such conflict and in determining what terms or conditions will
govern:
(1) This Building Contract, inclusive of Exhibit 'B'.
(2) The Plans.
(C) This Contract constitutes the entire agreement between
the parties, and no modification of this contract shall be valid
or binding unless such modification is in writing duly dated and
signed by both parties. Neither Owner nor Contractor shall be
bound by prior terms, conditions, statements, or representations,
express or implied, oral or written, not otherwise contained in
this Contract.
ARTICLE 2
CHANGES IN THE WORK
(A) The Owner may, by written instructions or drawings to
the Contractor which, in the reasonable opinion of the
Contractor, do not materially affect the type, design, nature or
scheduling of the Project, make changes in the above-mentioned
plans and specifications, issue additional instructions, require
additional work, direct the omission of work previously shown or
ordered, or change work already incorporated into the Project,
and the provisions of this Contract shall apply to any and all
such changes with the same force and effect as though originally
embodied in this Contract.
(B) For changes which involve additional work or a
reduction in work as set forth in Paragraph (A) above, the
Guaranteed Maximum Cost as hereinafter set forth in Article 6
shall be increased or decreased by the Contractor in accordance
with the Contractor's estimate for said work, and the
Contractor's fee shall be appropriately adjusted. All changes in
the work must be authorized by a representative of Owner, who,
for the purposes of this Project, shall be Xx. Xxxx Xxxxxxxxx.
(C) However, Owner and Contractor specifically agree that
should a change be requested by Owner which, in the reasonable
opinion of the Contractor, would materially affect the type,
design, nature or schedule of the Project as a whole, the
Contractor reserves the right to renegotiate the terms of the
Contract.
ARTICLE 3
CONTRACTOR'S DUTIES
(A) The Contractor agrees to provide all labor, materials
and equipment necessary for the proper completion of the Project
in a manner consistent with the requirements of the work to be
performed, subject only to the provisions of Article 18; and
during the course of construction, the Contractor agrees to
furnish its best skill and judgment in effecting this goal.
(B) The Contractor shall maintain at the site for the Owner
one (1) record copy of drawings, specifications, addenda, change
orders and other modifications.
(C) The Contractor shall, during the course of
construction, keep the premises free from accumulation of waste
materials or rubbish caused by its operations. Within a
reasonable period of time after substantial completion of the
Project, the Contractor shall remove its waste
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materials and rubbish from and about the Project site as well
as all tools, construction equipment, machinery and surplus
materials.
(D) The Contractor shall comply with all applicable laws,
ordinances, rules, codes, regulations and lawful orders of any
public authority relating to construction of the Project.
(E) Irrespective of Paragraph (D) above, it is the
responsibility of the Project Architect to use his best efforts
to make certain that the Project is designed in accordance with
applicable laws, ordinances, rules, statutes, building codes and
regulations. If the Contractor observes that the Project, or any
portion thereof, may be at variance therewith, the Contractor
shall notify the Architect, and any change shall be accomplished
by an appropriate modification as provided in Article 2.
(F) Any other duties as may be set forth in this Contract.
ARTICLE 4
OWNER'S DUTIES
(A) The Owner shall, at the request of the Contractor,
prior to the time of execution of this Contract, furnish to the
Contractor and Contractor's Surety and Bonding Company acceptable
evidence that the Owner has made suitable financial arrangements
to fulfill its obligations under this Contract.
(B) The Owner shall furnish all surveys to the Architect
describing the physical characteristics, legal limitations and
utility locations for the site of the Project, and a legal
description of the site. A copy of the legal description shall be
attached to this Contract and marked as Exhibit A.
(C) The Owner shall secure and pay for necessary approvals,
easements, assessments and charges required for the construction,
use or occupancy of permanent structures or for permanent changes
in existing facilities.
(D) Information or services under the Owner's control shall
be furnished by the Owner with reasonable promptness so as to
avoid any delay in the orderly progress of the work.
(E) The Owner shall provide the Architect with those
facilities required by Article 5 (A) (3).
(F) The Owner shall pay for and obtain all necessary
utility company extensions or service fees related to this
project; i.e., Xxxxx County Sanitation District, Nevada Power
Company, Centel Telephone, and Southwest Gas Company etc.
(G) Any other duties as may be set forth in this Contract.
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ARTICLE 5
ARCHITECT'S DUTIES
The Owner is informed that the Architect on this
Project is Xxxxxxx X. Xxxxxxx XX, who, in addition to being a
licensed Architect within the State of Nevada, is also a majority
stockholder and employee of Contractor. The Owner acknowledges
this relationship between Architect and Contractor on this
Project, and herein accepts in every respect this close
association between the two of them. In light of the special
relationship existing between the Architect and the Contractor,
the Owner agrees that in case of the termination of the
Architect, for whatever reason, at the option of the Contractor
the terms and conditions of this Contract will be renegotiated.
(A) The Architect will provide administration of the
Project as follows:
(1) The Architect shall advise and consult with the
Owner, and shall act on behalf of the Owner and
Contractor to the extent provided in this
Contract.
(2) The Architect shall visit the site at intervals
appropriate to the stage of construction or as
otherwise agreed by the Architect in writing to
become generally familiar with the progress and
quality of the work and to determine in general if
the work is proceeding in accordance with the
Contract. However, the Architect shall not be
required to make exhaustive or continuous on-site
inspections to check the quality or quantity of
the work. On the basis of such on-site
observations as an Architect, the Architect shall
keep the Owner informed of the progress and
quality of work. However, the Architect shall not
be responsible for the acts or omissions of the
Contractor, Subcontractors, or any other persons
performing any of the work in the Project, or for
failure of any of them to carry out the work in
accordance with this Contract.
(3) The Architect shall at all times have access to
the work wherever it is in preparation or
progress, and Owner shall provide facilities for
such access so that the Architect may perform his
functions under this Contract.
(4) On written request of either the Owner or
Contractor, the Architect shall, with reasonable
promptness, render interpretations of the plans
and specifications necessary for the proper
execution or progress of the work.
(5) The Architect's decisions in matters relating to
artistic effect shall be final if consistent with
the intent of this Contract.
(6) The Architect shall have authority to reject work
which does not conform to the requirements of this
Contract and the given standards of the industry;
and whenever, in the Architect's reasonable
opinion, it is necessary to evaluate conformity,
the Architect will have authority to require
special inspection or testing of the work in
accordance with the
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provisions of this Contract, whether or not such
work be then fabricated, installed or completed.
(a) If inspection or testing of the work reveals
a material failure of the work to comply with
the requirements of the Contract and the
standards of the industry, the Contractor
shall promptly correct any such deficient
work, and the cost involved in correcting
that work shall be borne solely by the
Contractor. However, should the inspection or
testing reveal that the work has been in
material compliance with the requirements of
the Contract and standards of the industry,
then the Owner shall bear any and all costs
involved in the inspection, testing, and
correction of the work and an appropriate
change order shall be issued as provided in
Article 2.
(b) If the law, rules, ordinances, regulations or
orders of any public authority having
jurisdiction require any portion of the work
to be inspected, tested or approved, the
Contractor shall arrange for such inspections
and the Owner shall bear all the costs of
such inspections, tests or approval.
(7) The Architect shall review and approve or take
other appropriate action upon the Contractor's
submittals such as shop drawings, product data and
samples, for conformance with the design concept
of the work, and with the information given in the
Contract. Such action shall be taken with
reasonable promptness so as to cause no delay in
the Project. The Architect's approval of a
specific item shall not indicate approval of any
assembly of which the item is a component.
(8) Any other duties as may be set forth in this
Contract.
ARTICLE 6
CONTRACTOR'S FEE
In consideration of the Contractor's performance of its
obligations under this Contract, the Owner agrees to pay the
Contractor as compensation for its services all costs (as costs
are defined in Article 7) plus a fee equal to Seven (7%) percent
of the total cost of the Project. Costs shall be paid to the
Contractor at the time and in the manner set forth in Article 15.
In addition, the Contractor shall be paid ninety percent (90%) of
the proportional amount of its fee with each payment request made
by Contractor until such time that the work is fifty percent
(50%) complete. Thereafter the Contractor shall be paid One
Hundred Percent (100%) of the proportional amount of its fee with
each payment request. The balance of the fee shall be paid at the
time of final payment. The Contractor guarantees that the maximum
cost to the Owner for the completion of the Project, which cost
includes the Contractor's fee, shall not exceed ONE HUNDRED
SIXTY-TWO MILLION, NINE HUNDRED EIGHT THOUSAND, SEVEN HUNDRED
THIRTY-FIVE DOLLARS ($162,908,735.00). This amount, however, is
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predicted upon the aforementioned original plans and the scope of
work as outlined in Xxxxxxx Xxxxxx Associates proposal dated 4
August 1995 (Exhibit B), and does not contemplate any changes as
may be requested by the Owner as provided for in Article 2.
ARTICLE 7
COSTS TO BE REIMBURSED
(A) The Owner agrees to reimburse the Contractor for all
costs incurred in the execution of the work. Such costs include,
but are not limited to, the following items:
Item I. Any and all costs of labor, including but not
limited to social security, unemployment insurance, old age
benefits, all applicable taxes, travel time, subsistence wherever
applicable, contributions to labor union benefits, such as health
and welfare, vacation, pension, etc. Weekly payrolls shall be
made up from daily time sheets and shall set forth the name,
classification, social security number, hours worked, travel
time, subsistence, rate of pay, gross amount, all deductions, and
net amount paid for each employee. The payroll sheet shall bear a
sequence number and dates indicating the payroll period.
Contractor is to pay when due all employee
labor tax contributions, all state, county and federal taxes, as
pertains to labor, and all contributions to labor union benefit
funds. Contractor shall submit on its payment request the billing
for aforementioned amounts.
Item II. The salary and expenses of one off-site
administrative employee who is to expend whatever time and energy
is required to see that the job is properly administered from the
home office. However, his services are not to be exclusive for
this Project. Services of additional off-site administrative
personnel are to be covered by the allowance of the salary of the
administrative employee and may not be added to the cost of the
job.
Item III. Any and all materials and supplies purchased
for the Project or required for execution of the work, including
temporary buildings and structures. Cost of materials shall
include all applicable taxes and costs of transportation of these
materials. Fuel or energy for vehicle and equipment shall be
included. All materials paid for, or reimbursed, by the Owner
shall become the property of the Owner.
Item IV. The amounts of all subcontracts, said amount
to include all subcontractor's costs and profits.
Item V. Premiums on all insurance or bonds required
and or maintained for the Project (see Article 10 and Article
17). Premiums shall be included as costs as to which markup
applies in determining Contractor's fee. The cost of General
Liability Insurance is a reimbursable cost. The rate for the
General Liability Insurance shall be a minimum of $7.50 per
$1,000 dollars of contract value. This rate is subject to change.
Cost to be reimbursed shall be actual cost incurred by
Contractor.
Item VI. Transportation, traveling expenses, including
meals and hotel expenses of the Contractor of its officers or
employees incurred in the discharge of duties connected with this
work.
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Item VII. All expenses incurred for transportation to
and from the work of the personnel required for its prosecution
as pertaining to Article 7, Item Vl.
Item VIII. Permit fees, plan check fees, royalties,
direct field surveying for construction purposes, county
inspectors, damages for infringement of patents and costs of
defending suits therefore, and for deposits lost for causes other
than the Contractor's negligence.
Item IX. Losses and expenses not compensated by
insurance or otherwise sustained by the Contractor in connection
with the work, provided they have resulted from causes other than
the fault or negligence of the Contractor. Such losses shall
include settlements made with the written consent and approval of
the Owner. No such losses shall be included in the cost fee, but
if after a loss from fire, flood or similar causes not due to the
negligence of the Contractor, Contractor be required to
reconstruct damages portions of items, Contractor shall receive
for its services a fee in compliance with Article 6. Such work
shall be considered a change subject to the provision of Article
2, and the guaranteed maximum cost shall be increased
accordingly.
Item X. Minor expenses, such as telegrams, telephone
service, expressage, first aid supplies and similar xxxxx cash
items.
Item XI. Cost, including transportation and
maintenance, of hand tools not owned by workmen, canvas,
tarpaulins, polyethylene film, and items consumed in the
prosecution of the work. Items used but not consumed remain the
property of Contractor.
Item XII. Rentals of tools, vehicles, trucks,
compressors, cranes, hoists, equipment and all construction plant
parts thereof. It is intended that rental shall be charged on all
items required for use in construction of the Project. Rentals
shall be charged on equipment owned by the Contractor as well as
equipment owned by others. Rental rates shall be as established
by prevailing area rates.
Item XIII. Interest at a rate in accordance with
Article 15, Paragraph (A), and as can be determined on funds
which the Contractor must provide or borrow in the event that
payments are not made by the Owner on time as provided
hereinafter in Article 15.
Item XIV. All items and expenses necessary for
providing of a temporary office at the jobsite. Salaries of
personnel required to maintain the field office shall be
incorporated in the payroll under the provisions of Article 7,
Item I. Supplies for the office shall be provided under the
provisions of Article 7, Item III.
Item XV. Costs incurred due to an emergency affecting
the safety of persons and property.
(B) Owner agrees to reimburse Contractor for all costs
incurred during or arising out of the course of construction,
even though xxxxxxxx for said costs may be submitted to the Owner
after the Contract has otherwise terminated, up to a maximum
period of 60 days after final payment.
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ARTICLE 8
COSTS NOT TO BE REIMBURSED
The following are the only costs which the Contractor shall
not be permitted to include as job costs:
Item I. Salary of any person employee during the
execution of the work in the main home office, except the one
administrative employee for whom provision is made in article 7,
Item II.
Item II. Overhead expenses not expressly included in
Article 7.
Item III. Interest on capital employed, except that
provided for in Article 7, Item XIII.
ARTICLE 9
DISCOUNTS, REBATES, REFUNDS
All cash and trade discounts shall accrue to the Owner,
provided payments to the Contractor are timely made according to
the provisions of Article 15. Should any payments to the
Contractor be withheld or delayed for whatever reason, all cash
and trade discounts shall accrue to the Contractor. Should a
discount be disallowed by a supplier due to a delay in payment
from the Owner, the undiscounted amount shall be considered the
cost. Rebates, refunds and all returns from sale of surplus
material shall accrue to the Owner.
ARTICLE 10
INSURANCE
(A) Property Insurance.
(1) The Owner shall purchase and maintain property
insurance on the entire work to the full insurable
value thereof. This insurance shall include the
Owner, the Contractor, Subcontractors, Sub-
subcontractors, and Materialmen. The insurance
shall insure against the perils of fire, extended
coverage and also include "all risk" for physical
loss not limited to theft, earthquake and flood
damages. If the Owner and Contractor agree to
waive any coverage's and a loss results from this
uninsured peril or lack of coverage, then the
Owner shall be solely responsible for any and all
resulting damage and costs.
(a) The Owner shall file a copy of all policies
with the Contractor before an exposure to
loss may occur. Said policies to be in a form
and content satisfactory to Contractor.
(b) If the Owner does not intend to purchase
insurance required by Paragraph (1) above,
Owner shall inform the Contractor in writing
prior to the commencement of the work. The
Contractor may then
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effect such insurance, and the cost shall be
charged to the Owner as a reimbursable cost
provided for in Article 7.
(2) The Owner shall purchase and maintain such
insurance as will insure Owner against loss of use
of Owner's property and/or damage to existing
property due to fire or other hazards, however
caused. This insurance shall include the Owner,
the Contractor, Subcontractors, Sub-subcontractors
and Materialmen. The Owner, for itself and on
behalf of its insurance company or companies,
waives all rights of recovery or causes of action
against the Contractor for all damage and/or loss
or use of its property, including consequential
losses, due to fire and other hazards, however
caused.
(3) The responsibility for payment of any deductible
under Paragraphs (1) and (2) above shall be borne
exclusively by the Owner.
(4) All policies of insurance obtained under
Paragraphs (1) and (2) above shall be secured with
recognized and established insurance companies and
no cancellation or modification of any policy or
policies shall be made by Owner without thirty
(30) days prior written notice to Contractor.
(B) Liability Insurance.
(1) The Owner shall be responsible for purchasing and
maintaining its own liability insurance, which
shall include such insurance as will protect the
Owner against claims which may arise from any
operations under this Contract.
(2) The Contractor will provide the Owner with
certificates of insurance evidencing that the
Contractor has liability and automobile liability
insurance, which insurance cannot be canceled by
or terminated or the coverage thereof materially
reduced, until the insurance company has attempted
to give thirty (30) days written notice thereof by
Registered Mail addressed to the Contractor and
Owner. The Contractor shall maintain:
(a) Public Liability:
Comprehensive General Liability Insurance
covering the Contractor, Owner and other
indemnities, as their interests may appear,
as additional insured, with limits of
liability as follows: Bodily Injury and
Property Damage: Not less than Ten Million
Dollars ($10,000,000.00) Combined Single
Limit.
(b) Workmen's Compensation:
Workmen's Compensation Insurance, in minimum
amounts as required by Law.
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(c) Automobile Liability:
Automobile Liability and Property Damage
Insurance for all owned, non-owned and hired
vehicles covering the Contractor and the
indemnities, as their interest may appear, as
additional insured, against liability for
bodily injury and death and for property
damage with limits of liability of not less
than One Million Dollars ($1,000,000.00)
Combined Single Limit.
(3) Owner agrees to defend, indemnify and hold
Contractor completely free and harmless from and
against any and all expenses, costs, including but
not limited to court costs and reasonable
attorney's fees which arise out of or which in any
way relate to any claim or demand being asserted,
or lawsuit arises out of any operations affecting
the Project. The agreement to indemnify and hold
the Contractor completely free and harmless shall
apply, save and except where it is legally
established by a Court of competent jurisdiction
that the Contractor has itself been principally
negligent. This Paragraph (3) shall survive the
termination of this Contract.
(C) Boiler Insurance.
The Owner shall purchase and maintain boiler and
machinery insurance in an amount necessary to protect the Owner
and Contractor from any and all risks or loss. This insurance
shall include the Owner, the Contractor, Subcontractors,
Sub-subcontractors and Materialmen.
(D) Notification of Any Claim.
Should either party to this Contract suffer injury or
damage to person or property because of any act or omission of
the other party or any of its employees, agents or others for
whose acts either the Owner or Contractor is or may be legally
liable, any claim of injury or damage shall be made in writing to
such other party within a reasonable time after the first
observance of such injury or damage.
ARTICLE 11
SUBCONTRACTS
(A) The Contractor may subcontract all or any portion of
the work at its discretion, and the total price of any and all
such Subcontracts shall be a reimbursable cost as provided for in
Article 7.
(B) Contractor acknowledges that under limited
circumstances the Owner may request the Contractor to use one or
more Subcontractors of the Owner's choice. However, in
recognition of the special relationship that must exist between
the Contractor and its Subcontractors, the Owner agrees that when
the Owner requests the use of any particular Subcontractor, the
Owner shall seek the advise and obtain the approval of the
Contractor. The
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Owner further agrees that should the Contractor agree to use the
Owner's Subcontractor, and should the price to be charged by the
Owner's Subcontractor exceed the price with the Contractor
otherwise intended to use, the difference in price will be added
to the Guaranteed Maximum Cost as provided for in Article 6, and
that the Contractor's fees will be increased accordingly.
(C) Regardless of which Subcontractors may be used on the
Project, there shall be no contractual relationship between the
Owner and the Subcontractors, and the Contractor shall have full,
complete and absolute directing authority over performance of the
work by all Subcontractors.
(D) The organization of the specifications into divisions,
sections and articles, and the arrangement of drawings shall not
control the Contractor in dividing the work among Subcontractors,
or in establishing the extent of the work to be performed by any
trade.
ARTICLE 12
OWNER'S REPRESENTATIVE
During the course of construction, the Owner shall provide
an individual who will be available on a regular basis to consult
with the Contractor concerning all phases of the Project. This
individual shall be the Owner's Representative, and shall be
solely responsible for bringing any problems to the attention of
the Contractor, and for approving any matters for which the
Owner's approval is required or sought. This individual shall
have total familiarity with all aspects of the building process,
and will have authority to represent and bind the Owner in any
and all matters affecting the Owner's rights and responsibilities
under this Contract. For the purposes of this Project, the
Owner's Representative shall be Xx. Xxxx Xxxxxxxxx. If for any
reason or at any time, this individual will not be available to
the Contractor, then the Owner shall immediately designate
another individual to take his place and shall notify the
Contractor of such writing.
ARTICLE 13
TITLE OF THE WORK
The title to all work completed and in the course of
construction, and of all materials supplied, for which payment
has been made in full by Owner, shall be in the Owner.
ARTICLE 14
ACCOUNTING-INSPECTION AUDIT
The Contractor shall keep full and detailed accounts and
records of all costs. The Owner shall be afforded reasonable
access to the accounts and records of Contractor as reasonable
times for the purpose of inspecting, and where reasonably
requested by Owner, auditing the same.
However, neither the request for nor the conduct of any
audit shall be cause for failure of Owner to make timely payments
as provided herein. In any and all events, the Owner shall
request, conduct and close any monthly progress payment
accounting review within thirty (30)
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days after receipt of the progress payment request. Any final
payment request audit shall be conducted and closed within
twenty-five (25) days after receipt of the request for final
payment so as not to delay final payment including retention
which shall be paid Contractor within thirty (30) days after
substantial completion of the Project, and in no event, later
than thirty-nine (39) days after the filing of the Notice of
Completion for the Project.
ARTICLE 15
APPLICATION FOR PAYMENT
(A) The Contractor shall deliver to the Owner, on or about
the first day of each month, a request for payment on a form
substantially similar to that attached hereto as Exhibit C. The
Contractor shall include with this form an appropriate lien
release covering the work and materials enumerated in the payment
request. The Owner shall promptly approve the payment request so
that there will be no delay in processing of payment and shall,
save and except where a legitimate objection is raised as to a
particular item as provided in Paragraph (B) below, make payment
in full to the Contractor on or before the tenth (10th) day of
each month. Payments not made to the Contractor on or before the
tenth (10th) of the month shall bear interest at the then current
prime rate of interest plus 2% as that rate is established by
First Interstate Bank of Nevada. The inclusion of this interest
shall be in addition to any and all other rights and remedies
which the Contractor may have in the event of delinquent
payments.
(B) The Owner shall determine the amount owning to the
Contractor based on observations at the site and on evaluation of
the Contractor's request for payment. Should the Owner disapprove
an item in any payment request, payment for that specific item
may be withheld for a period not to exceed thirty (30) days
within which time it shall be adjudicated. However, the balance
requested in that payment request must be paid by the Owner to
the Contractor on or before the tenth (10th) day of the month.
(C) The Contractor specifically reserves the right to cease
work should requested payments be unreasonably withheld or
delayed.
(D) Payments will be made by the Owner for materials or
equipment whether the same have been incorporated into the
Project or suitable stored on or off the site. Payments for said
materials and equipment will be conditioned only upon inspection
of the materials and equipment by the Contractor, and the
Contractor's verification that suitable insurance has been
secured.
(E) If, after substantial completion of the work, final
completion thereof is materially delayed through no fault of the
Contractor or by issuance of change orders affecting final
completion, the Owner shall, upon application by the Contractor,
and without terminating the Contract, make payment of the balance
due for that portion of the work which has been fully completed.
(F) In the event of a lien or liens for material or labor
is filed against the property, the Owner may withhold from final
payment to Contractor an amount equal to the amount of the lien
plus a reasonable amount to meet the cost of possible litigation.
This amount shall be promptly released to the Contractor upon its
furnishing a bond in favor of the Owner and the lien claimant
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in the amount of the lien and probable litigation costs, or upon
the Contractor furnishing the Owner a release of lien from the
claimant.
(G) Final payment shall be paid to the Contractor within
thirty (30) days after substantial completion, as defined in
Article 16, Paragraph (B) and in no event later than thirty-nine
(39) days after, the filing of the Notice of Completion for the
Project.
(H) The making of final payment shall constitute a waiver
of all claims by the Owner except those arising from (1)
unsettled liens, or (2) faulty or defective work appearing after
substantial completion and within the term of the warranty given
by the Contractor, under the terms of Article 19.
(I) A ten percent (10%) retention shall be withheld from
each application for payment for work performed until the work is
fifty percent (50%) complete. Thereafter no retention shall be
withheld. Retention shall be released upon Final Payment.
ARTICLE 16
NOTICE OF COMPLETION
(A) The Owner shall promptly record a Notice of Completion
when the Project has been substantially completed. Substantial
completion is defined below in Paragraph (B). Final payment shall
be paid to the Contractor within thirty (30) days after
substantial completion, and in no event later than thirty-nine
(39) days after, the filing of Notice of Completion for the
Project.
(B) The date of substantial completion of the work, or any
designated portion thereof, is the date certified by the
Contractor when construction is sufficiently complete, in
accordance with the Contract, so the Owner can occupy or utilize
the Project or designated portion thereof for the use for which
it is intended.
ARTICLE 17
BOND
The Contractor shall endeavor to furnish a Contract
Performance Bond in an amount and form satisfactory to the Owner
at the Owner's expense should the Owner specifically request such
a bond. Should the Owner desire, the Contractor may pay for the
bond; however, in this event, the premium shall become a job cost
under the provision of Article 7, Item V, and the Guaranteed
Maximum Cost as set forth in Article 6, shall be increased
accordingly, treating this as a change subject to the provisions
of Article 2.
ARTICLE 18
PERIOD OF CONSTRUCTION
(A) The Contractor agrees to commence work hereunder within
five (5) work days after receipt of written notice from the Owner
to do so, to prosecute said work thereafter
13
diligently and continuously to completion and in any and all
events to substantially complete the Project within 540 calendar
days after receipt of the Owner's notice to commence work.
(B) The Owner and Contractor specifically acknowledge,
however, that there are circumstances beyond the reasonable
control of Contractor which may result in a delay of the Project.
Consequently, Owner and Contractor agree that if the Contractor
is delayed or impeded by any acts of the Owner or its agents or
those claiming under agreement from the Owner, or by acts of God
which Contractor could not have reasonably foreseen and provided
against, or by stormy, inclement, or severely cold weather, or by
strike, boycott, or like obstructive actions of employees, third
persons or labor organizations, or for any other cause beyond the
reasonable control of Contractor, the time within which the
Contractor has to complete the Project shall be appropriately
extended.
(C) Should concealed conditions encountered in the
performance of the work below the surface of the ground, or
should concealed or unknown conditions in an existing structure
be at variance with the conditions indicated by the Contract, or
should unknown physical conditions below the surface of the
ground or should concealed or unknown conditions in an existing
structure of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as inherent in
work of the character provided for in this Contract be
encountered, the Contract Sum shall be equitably adjusted under
Article 2, upon claim made within a reasonable time after the
first observance of the condition.
(D) The period of time set forth in Paragraph (A) above may
be necessarily or appropriately extended by any change orders
effected pursuant to Article 2.
(E) The term "day" as used throughout this Contract shall
mean calendar day unless otherwise specifically designated.
ARTICLE 19
WARRANTIES
(A) The entire work is hereby warranted against defects in
materials and workmanship for a period of one (1) year from the
date of substantial completion of the Project or substantial
completion of any designated portion thereof. If, within this one
(1) year period, any of the work or materials or equipment (for
which approval has not been previously given in writing by Owner)
is proven to be defective and not in accordance with the
Contract, the Contractor shall, at its expense, correct said
defect promptly after receipt of a written notice from the Owner
to do so. The Owner shall give notice promptly after discovery of
any defective condition.
(B) The Contractor warrants to the Owner that all equipment
and materials furnished under this Contract will be new unless
otherwise specified or approved by the Owner.
(C) Articles, materials or methods specified by proprietary
name or by name of vendor or manufacturer will be furnished or
applied by Contractor, except only where equal substitutions for
articles, materials or methods are approved by the Contractor for
use in lieu thereof. In
14
determining the quality of substitute parts, materials or
methods, availability or procurement shall be a determining
factor.
(D) The Contractor shall secure and furnish to the Owner
through the Architect, all applicable written guarantees and
warranties as may be called for by this Contract.
ARTICLE 20
ARBITRATION
(A) All disputes, claims or questions not resolved
informally by Owner and Contractor may be subject to arbitration.
If both Owner and Contractor agree that a particular dispute,
claim or question should be arbitrated, then arbitration shall be
effected as provided in Paragraph (B) below, and the decision
therefrom shall be binding on both parties. If, however, either
the Contractor and/or the Owner elect not to proceed by way of
arbitration, then either or both parties may resort to
appropriate Court action, with the prevailing party being
entitled to receive all reasonable attorneys' fees, Court costs,
and any and all other fees, expenses, and costs arising out of or
in any way incurred in the institution or defense of that action.
(B) Should both the Owner and Contractor agree to
arbitration, the following procedures shall be employed:
(1) Notice of the demand for arbitration shall be
filed in writing with the other party to this Contract. This
demand shall be made within a reasonable time after the
dispute has risen, but in no case shall the demand be made
later than the time set in this Contract for final payment.
Any demand received after that time shall not be allowed.
(2) Owner and Contractor shall, within ten (10) days
of the written demand for arbitration, agree upon an
arbitrator. If within this said ten (10) day period the
Owner and Contractor are unable to agree upon a single
arbitrator, then the Owner and Contractor will, within three
(3) additional days, each select an arbitrator, and those
two arbitrators will then select a third.
(3) At such time as the arbitrator (or all three
arbitrators) has been selected as provided in Paragraph (2)
above, the election to arbitrate shall become final and
irrevocable.
(4) Unless both Owner and Contractor specifically
agree in writing to the contrary, the arbitration hearing
shall be conducted and the decision rendered therefrom no
more than forty-five (45) days after the written demand for
arbitration.
(5) The arbitrator, if he deems that the case requires
it, is authorized to award to the party whose contention is
sustained, such sums as he (or a majority of them) shall
deem proper to compensate the prevailing party for the time
and expense incident to the proceedings, including any and
all reasonable attorneys' fees expended, and, if the
arbitration was demanded without reasonable cause, he may
also award damages for delay. Unless Owner and Contractor
specifically agree in writing to the contrary, the
15
arbitrator shall fix his own compensation and shall assess
costs and charges of the proceeding upon either or both
parties.
(6) The decision of the arbitrator shall be final,
save and except for the limited right of appeal as provided
for in the Nevada Revised Statutes. In the event the
decision of the arbitrator is appealed, reasonable
attorneys' fees and Court costs, as determined by a Court of
competent jurisdiction, shall be paid to the prevailing
party.
(7) Unless Owner and Contractor otherwise agree in
writing to the contrary, the Contractor shall carry on the
work during any arbitration proceedings, and the Owner shall
continue to make timely payments to the Contractor in
accordance with the Contract.
ARTICLE 21
TERMINATION OF THE CONTRACTOR
(A) Termination by the Contractor.
(1) If the work is stopped for a period of thirty (30)
days under an order of any Court or other public authority having
jurisdiction, or as the result of an act of government, such as
declaration of a national emergency making materials unavailable
through no act or fault of the Contractor or a Subcontractor or
their agents or employees, or any other person performing any of
the work under a contract with the Contractor, of if the work
should be stopped for a period of thirty (30) days by the
Contractor because the Owner has not made payment as provided
herein, then the Contractor may, upon three (3) additional days'
written notice to the Owner, terminate this Contract and recover
from the Owner payment for all work executed, and for any proven
loss sustained upon any materials, equipment, tools, construction
equipment and machinery, including reasonable profit and damages
thereon.
(B) Termination by the Owner.
(1) If the Contractor is adjudged a bankrupt or makes
a general assignment for the benefit of creditors, or if a
receiver is appointed on account of the Contractor's insolvency,
or if the Contractor persistently and repeatedly refuses or
fails, except in cases for which an extension of time is provided
for in Article 18, to supply enough workmen or materials, or if
the Contractor persistently and repeatedly fails to make payment
to Subcontractors or for materials or labor, or persistently
disregards laws, ordinancs, rules, regulations or orders of any
public authority having jurisdiction, or otherwise is guilty of a
substantial violation of the provisions of this Contract, then
the Owner may, without prejudice to any other rights or remedies
he may have, and after giving the Contractor and his surety, if
any, three (3) days' written notice, terminate the employment of
the Contractor and take possession of the site and all materials
for which the Owner has made payment in full.
16
(C) Any termination of this Contract, whether by Contractor or
Owner, shall be subject to the rights and remedies available in
Article 20.
ARTICLE 22
MISCELLANEOUS PROVISIONS
(None)
ARTICLE 23
NOTICES
Any and all notices, demands or requests required or
appropriate under this Contract shall be given in writing either
by personal delivery or by registered or certified mail, return
receipt requested, addressed to the following addresses:
To Contractor: XXXXXXX XXXXXX ASSOCIATES, INC.
0000 Xxxxx Xxxxxxx Xxxxxx
Xxx Xxxxx, XX 00000
To Owner: RIO PROPERTIES, INC., d/b/a
RIO SUITE HOTEL & CASINO
0000 Xxxx Xxxxxxxx Xxxx
Xxx Xxxxx, XX 00000
When notice has been given by mail, it shall be deemed served the
date following deposit, postage prepaid in the United States
mail. The parties may change the place of notice by notifying the
other party as set forth herein.
ARTICLE 24
PARTIAL INVALIDITY
Should any term, condition, covenant or provision of this
Contract, or any application thereof, be held by a Court of
competent jurisdiction to be invalid, void or unenforceable, all
provisions, covenants or conditions of this Contract, and all
applications thereof, not held invalid, void or unenforceable,
shall continue in full force and effect and shall in no way be
effected, impaired or invalidated thereby.
ARTICLE 25
SUCCESSORS IN INTEREST
Neither Owner nor Contractor may transfer or assign this
Contract, or any interest therein, without the prior written
permission of the other. However, this Contract shall insure to
be benefit of, and be binding upon, the successors, assigns
(where permitted) and representatives of both the
17
Owner and Contractor, and the Owner and Contractor covenant for
themselves and for their successors, assigns and representatives,
that they will fully perform on the terms and conditions of this
Contract.
ARTICLE 26
CAPTIONS AND PRONOUNS
The captions appearing at the commencement of the Articles
hereof are descriptive only and for convenience in reference to
this Contract, and in no way whatsoever define, limit or describe
the scope or intent of this Contract, or in any way affect this
Contract.
ARTICLE 27
CORPORATE AUTHORIZATION
The parties executing this Contract acknowledge and
represent that all corporate authorization has been obtained for
the execution of this Contract and for the compliance with each
and every term hereof.
ARTICLE 28
LEGAL SUITS
The terms and conditions of this Contract shall be construed
in accordance with and governed by the laws of the State of
Nevada, and the parties hereto acknowledge that the Courts of
this State shall have exclusive jurisdiction over any action or
proceeding brought under or by reason of this Contract.
In Witness Whereof, the Contractor and Owner have executed
this contract as of the day and year first above written.
RIO PROPERTIES, INC., d/b/a XXXXXXX XXXXXX ASSOCIATES, INC.
RIO SUITE HOTEL & CASINO
By By
Its Its
Nevada State Contractor's
License No. 8152A
18
Attachments: Exhibit "A" Legal Description
Exhibit "B" Proposal dated 4 August 1995
Exhibit "C" Billing Format
EXHIBIT "A"
PARCEL I:
The Southwest Quarter (SW 1/4) of the Southwest Quarter (SW
1/4) of Section 17, Township 21 South, Range 61 East, M.D.B.&M.
EXCEPTING THEREFROM the Easterly 735 feet.
ALSO EXCEPTING THEREFROM the Westerly 50 feet and the
Southerly 50 feet, as conveyed to Xxxxx County, for roads and
incidental purposes, by Deeds recorded December 21, 1966 in Book
766 as Document No. 615412, and recorded August 24, 1967 in Book
818 as Document No. 657103, of Official Records.
FURTHER EXCEPTING THEREFROM that portion of the Southwest
Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 17,
Township 21 South, Range 61 East, M.D.B.&M., more particularly
described as follows:
BEGINNING at the intersection of the Owner's Easterly
property line and the left or Northerly right-of-way line of
Flamingo Road (Project M-5927(6)), at a point 105.00 feet left of
and measured radially from Highway Engineer's Station "M" 5+
85.38 P. O. C., said point of beginning further described as
bearing North 82 deg. 38'49" East a distance of 614.92 feet from
the Southwest corner of Section 00, Xxxxxxxx 00 Xxxxx, Xxxxx 61
East, M.D.B.&M., thence South 0 deg. 09'16" East along the
Owner's Easterly property line a distance of 30.05 feet to the
Southwest corner of Owner's property; thence North 89 deg. 52'24"
West along the Owner's Southerly property line a distance of
560.54 feet to the Southwest corner of Owner's property; thence
North 0 deg. 41'58" West along the Owner's Westerly property line
a distance of 43.27 feet to an intersection with the left or
Northerly right-of-way line of said Flamingo Road; thence South
89 deg. 00'00" East along said right-of-way line a distance of
286.54 feet to a point; thence from a tangent which bears the
last described course, curving to the right along said
right-of-way line, with a radius of 1075 feet, through an angle
of 3 deg. 46'06" an arc distance of 70.70 feet to a point; thence
North 4 deg. 46'06" East along said right-of-way line a distance
of 30.00 feet to a point; thence from a tangent which bears South
85 deg. 13'54" East, curving to the right along said right-of-way
line, with a radius of 1105 feet, through an angle of 10 deg.
37'17" an arc distance of 204.84 feet to the point of beginning.
FURTHER EXCEPTING THEREFROM those portions of the Southwest
Quarter (SW 1/4) of Section 17, Township 21 South, Range 61 East,
M.D.B. & M., Xxxxx County, Nevada, being more particularly
described as follows:
PARCEL A:
COMMENCING at the West One-Sixteenth Corner of Section 17,
Township 21 South, Range 61 East, M.D.B. & M., Xxxxx County,
Nevada; thence South 89 deg. 17'22" East a distance of 50.01 feet
to the TRUE Point OF BEGINNING; thence continuing South 89 deg.
17'22" East a
distance of 945.61 feet to a point; thence South 00 deg. 03'46"
West a distance of 30.00 feet to a point; thence North 89 deg.
17'22" West a distance of 945.03 feet to a point; thence North 00
deg. 29'59" West a distance of 30.01 feet to the TRUE POINT OF
BEGINNING.
PARCEL B:
COMMENCING at the West One-Sixteenth Corner of Section 17,
Township 21 South, Range 61 East, M.D.B. & M., Xxxxx County,
Nevada; thence South 89 deg. 17'22" East a distance of 50.01 feet
to a point; thence South 00 deg. 29'59" East a distance of 30.01
feet to the TRUE POINT OF BEGINNING; thence continuing South 00
deg. 29'59" East a distance of 25.53 feet to a point; thence
along a curve concave to the Southeast, having a radius of 25.00
feet, a central angle of 91 deg. 12'37" with an arc length of
39.80 feet to a point; thence North 89 deg. 17'22" West a
distance of 25.53 feet to the TRUE POINT OF BEGINNING.
PARCEL C:
COMMENCING at the Southwest Corner of Section 17, Township
21 South, Range 61 East, M.D.B. & M., Xxxxx County, Nevada;
thence South 89 deg. 38'49" East a distance of 50.00 feet to a
point; thence North 00 deg. 29'59" West a distance of 93.27 feet
to the TRUE POINT OF BEGINNING; thence continuing North 00 deg.
29'59" West a distance of 52.40 feet to a point; thence along a
curve concave to the Northeast, having a radius of 54.00 feet, a
central angle of 88 deg. 16'26" with an arc length of 83.20 feet
to a point; thence North 88 deg. 46'25" West a distance of 52.40
feet to the TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM that portion of said land as conveyed to
Xxxxx County for road purposes by Deed recorded October 19, 1989,
in Book 891019, as Document No. 00833 and re-recorded January 18,
1990 in Book 900118, as Document No. 00862 of Official Records.
PARCEL II:
The East 735 feet of the Southwest Quarter (SW 1/4) of the
Southwest Quarter (SW 1/4) of Section 17, Township 21 South,
Range 61 East, M.D.M.
EXCEPT that portion of the North 300 feet of said land lying
West of the East 322.58 feet.
ALSO EXCEPT the interest in the Southerly Fifty (50) feet of
the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4)
as conveyed to the County of Xxxxx, for roads, utilities, other
public and incidental purposes by Deed recorded August 24, 1967
as Document No. 657103.
FURTHER EXCEPT the interest in a portion of said land
conveyed to Xxxxx County for roads, utilities and other public
and incidental purposes by Deed recorded May 7, 1971 as Document
No. 98302, Official Records.
A-2
FURTHER EXCEPTING THEREFROM that portion of the Southwest
Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 17,
Township 21 South, Range 61 East, M.D.B. & M., Xxxxx County,
Nevada, being more particularly described as follows:
BEGINNING at the Northeast corner of the Southwest Quarter
(SW 1/4) of the Southwest Quarter (SW 1/4) of said Section 17, as
delineated on that certain recorded survey map performed by
XXXXXX X. XXXXXXXX at the instance of STOCKS MILL AND SUPPLY INC.
dated June 28, 1973 in File 26, Page 12, Official Records, Xxxxx
County, Nevada; thence South 00 deg. 03'48" West along the East
line of the Southwest Quarter (SW 1/4) of the Southwest Quarter
(SW 1/4) of said Section 17 a distance of 1261.96 feet to a point
in the North right-of-way line of FLAMINGO ROAD (100.00 feet
wide); thence North 89 deg. 38'49" West along said North
right-of-way line a distance of 282.59 feet to a point, being the
intersection of the North right-of-way line of FLAMINGO ROAD and
the East right-of-way line of HIGHLAND DRIVE (80.00 feet wide);
thence North 00 deg. 03'48" East along the East right-of-way line
of said HIGHLAND DRIVE a distance of 1263.78 feet to a point in
the North line of the Southwest Quarter (SW 1/4)`of the Southwest
Quarter (SW 1/4) of said Section 17; thence South 89 deg. 16'52"
East along the North line of the Southwest Quarter (SW 1/4) of
the Southwest Quarter (SW 1/4) of said Section 17, a distance of
282.58 feet to a point being the TRUE POINT OF BEGINNING.
FURTHER EXCEPTING those portions conveyed to Xxxxx County by
Deed recorded October 10, 1985 in Book 2198 as Document No.
2157357, Official Records and described as follows:
PARCEL A:
Being a portion of the Southwest Quarter (SW 1/4) of Section
17, Township 21 South, Range 61 East, M.D.M., more fully
described by metes and bounds as follows, to wit:
Beginning at the intersection of the Grantor's westerly
property line as delineated on that certain survey map filed in
the Office of the County Recorder of Xxxxx County, Nevada in File
26, Page 12 of Surveys as Document No. 300693 of Official Records
on June 28, 1973; and the left or Northerly right of way line of
Flamingo Road (Project M-592(6)) at a point 105.00 feet left of
and measured radially from Highway Engineer's Station ''M''
5+85.38 P.O.C., said point of beginning further described as
bearing North 82 deg. 38'49" East, a distance of 614.92 feet from
the Southwest corner of Section 00, Xxxxxxxx 00 Xxxxx, Xxxxx 61
East, M.D.M.; thence South 46 deg. 45'37" East, along said right
of way line, a distance of 43.97 feet to grantor's Southerly
property line, thence North 89 deg. 52'24" West, along Grantor's
Southerly property line, a distance of 31.95 feet to the
Southwest corner of Grantor's property; thence North 00 deg.
09'16" West, along the Grantor's Westerly property line, a
distance of 30.05 feet to the point of beginning.
PARCEL B:
Being a portion of the Southwest Quarter (SW 1/4) of Section
17, Township 21 South, Range 61 East, M.D.M., and more fully
described by metes and bounds as follows, to wit:
A-3
Beginning at Grantor's Easterly property line as delineated
on that certain recorded survey map filed in the Office of the
County Recorder of Xxxxx County, Nevada, in File 26, Page 12 of
Surveys as Document No. 300693 of Official Records on June 28,
1973, at a point 219.10 feet left of and at right angles to the
centerline of Flamingo Road (Project M-59(6)), at Highway
Engineer's Station "M" 9+37.96 P.O.T., said point of beginning
further described as bearing North 84 deg. 53'26" East, a
distance of 986.19 feet from the Southwest corner of Section 00,
Xxxxxxxx 00 Xxxxx, Xxxxx 61 East, M.D.M.; thence South 0 deg.
09'16" East, along the Grantor's Easterly property line, a
distance of 40.00 feet to the Southeast corner of Grantor's
property; thence North 89 deg. 52'24" West along Grantor's
Southerly property line, a distance of 50.00 feet to a point;
thence North 51 deg. 21'20" East, a distance of 63.88 feet to the
point of beginning.
FURTHER EXCEPTING from Parcel II any improvements located
thereon as excepted in Deed dated August 12, 1985, executed by
XXXXX X. XXXXXX, In Favor of XXXXX X. XXXXX, and recorded August
14, 1985 in Book 2167 as Document No. 2126328 and re-recorded
November 27, 1985 in Book 2225 as Document No. 2184489, of
Official Records.
PARCEL III:
That portion of the Southwest Quarter (SW 1/4) of the
Southwest Quarter (SW 1/4) of Section 17, Township 21 South,
Range 61 East, M.D.M., described as:
Lot Two (2) as shown by map thereof in File 47 of Parcel
maps, Page 51, in the Office of the County Recorder of Xxxxx
County, Nevada.
PARCEL IV:
A portion of the Southwest quarter (SW 1/4) of the Southwest
Quarter (SW 1/4) of Section 17, Township 21 South, Range 61 East,
M.D.M., and more fully described by metes and bounds as follows,
to wit:
BEGINNING at a point on the left or Northerly right-of-way
line of SR-592 (Flamingo Road, (Project M-592(6)), 75.00 feet
left of and measured radially from Highway Engineer's Station
"M'' 4+00.00 P.O.C.; said point of beginning further described as
bearing North 78 deg. 13'43" East, a distance of 414.70 feet from
the Southwest corner of Section 00, Xxxxxxxx 00 Xxxxx, Xxxxx 61
East, M.D.M.; thence North 4 deg. 46'06" East, along the former
left or Northerly right-of-way line of said SR-592, a distance of
30.00 feet to a point; thence from a tangent which bears South 85
deg. 13'54" East, curving to the right along said former
right-of-way line, with a radius of 1,105 feet, through an angle
of 10 deg. 37'17", an arc distance of 204.85 feet to a point;
thence South 46 deg. 45'33" East, along said former right-of-way
line, a distance of 43.96 feet to an intersection with the left
or Northerly right-of-way line of said SR-562, 85.00 feet left of
and at right angles to Highway's Engineer's Station "M'' 6+22.66
P.O.T.; thence North 89 deg. 52'24" West, along said right-of-way
line, a distance of 35.97 feet to a point 75.00 feet left of and
measured radially from Highway Engineer's Station "M" 5+89.26
P.O.C.; thence from a tangent which bears North 74 deg. 23'17"
West, curving to the left along said right-of-way line, with a
radius of 1,075 feet, through an angle of 10 deg. 50'37", and arc
distance of 203.45 feet to the point of beginning: said parcel
contains an area of 6,665 square feet (0.15 of an acre), more or
less.
A-4
PARCEL V:
A portion of the Southwest Quarter (SW 1/4) of Section 17,
Township 21 South, Range 61 East, M.D.B. & M., Xxxxx County,
Nevada, being more particularly described as follows (Highland
Avenue):
COMMENCING at the Southwest corner of Section 00, Xxxxxxxx
00 Xxxxx, Xxxxx 61 East, M.D.B. & M., Xxxxx County, Nevada;
thence South 89 deg. 38'49" East a distance of 50.00 feet to a
point; thence North 00 deg. 29'59" West a distance of 93.27 feet
to a point on the North line of Flamingo Road; thence South 88
deg. 46'25" East a distance of 286.54 feet to a point; thence
South 82 deg. 24'46" East a distance of 308.90 feet to a point;
thence South 89 deg. 38'49" East a distance of 290.35 feet to the
TRUE POINT OF BEGINNING; thence continuing South 89 deg. 38'49"
East a distance of 130.00 feet to a point; thence North 00 deg.
03'46" East a distance of 836.29 feet to a point; thence along a
curve concave to the Northeast, having a radius of 60.00 feet, a
central angle of 83 deg. 37'14" with an arc length of 87.57 feet
to a point; thence South 00 deg. 03'46" West a distance of 795.88
feet to a point; thence South 51 deg. 34'48" West a distance of
63.87 feet to the TRUE POINT OF BEGINNING.
PARCEL VI:
A portion of the Southwest Quarter (SW 1/4) of Section 17,
Township 21 South, Range 61 East, M.D.B. & M., Xxxxx County,
Nevada, and a portion of the Northwest Quarter (NW 1/4) of
Section 20, Township 21 South, Range 61 East, M.D.B. & M., being
more particularly described as follows (Flamingo Road):
COMMENCING at the Southwest Quarter (SW 1/4) of Section 17,
Township 21 South, Range 61 East, M.D.B. & M., Xxxxx County,
Nevada; thence South 89 deg. 38'49" East a distance of 50.00 feet
to a point; thence North 00 deg. 29'59" West a distance of 93.27
feet to a point on the North right-of-way line of Flamingo Road;
thence South 88 deg. 46'25" East a distance of 286.54 feet to a
point; thence South 82 deg. 24'46" East a distance of 308.90 feet
to a point; thence South 89 deg. 38'49" East a distance of 290.35
feet to the TRUE POINT OF BEGINNING; thence continuing South 89
deg. 38'49" East a distance of 412.64 feet to a point; thence
South 00 deg. 03'46'' West a distance of 100.00 feet to a point;
thence North 89 deg. 38'49" West a distance of 282.64 feet to a
point; thence North 68 deg. 41'03" West a distance of 139.76 feet
to a point; thence North 00 deg. 21'11'' East a distance of 50.00
feet to the TRUE POINT OF BEGINNING.
PARCEL VII:
All that portion of the Northwest Quarter (NW 1/4) of the
Northwest Quarter (NW 1/4) of Section 20, Township 21 South,
Range 61 East, M.D.B.&M., lying Northeasterly of the following
described parcel, excepting therefrom the North Fifty (50) feet
thereof:
PARCEL NO. I-015-CL-038.344, WESTERN HOLDING COMPANY, A
NEVADA CORPORATION, TO BE ACQUIRED IN FEE SIMPLE
A-5
Situate, lying and being in the County of Xxxxx, State of
Nevada, and more particularly described as being a portion of the
North Half (N1/2) of the Northwest Quarter (NW 1/4) of the
Northwest Quarter (NW 1/4) of Section 20, Township 21 South,
Range 61 East, M.D.M., and more fully described by metes and
bounds as follows, to wit:
BEGINNING at a point on the right or Southerly right-of-way
line of Flamingo Road (SR-592), 80.00 feet right of and at right
angles to Highway Engineer's Station "M" 3+24.23 P.C., said point
of beginning further described as bearing South 78 deg. 38'34"
East, a distance of 339.31 feet from the Northwest corner of
Section 00, Xxxxxxxx 00 Xxxxx, Xxxxx 61 East, M.D.M.; thence
North 1 deg. 00'00" East, along said right-of way line a distance
of 16.08 feet to an intersection with the Owner's Northerly
property line; thence South 89 deg. 52'24" East along said
property line a distance of 777.38 feet to an intersection with
the left or Northerly right-of-way line of said Flamingo Road;
thence South 81 deg. 50'46" East along said right-of-way line a
distance of 201.59 feet to a point on the Westerly right-of-way
line of Interstate Route 15 (Project IR-015-1(68)38); thence
South 75 deg. 26'45" East a distance of 36.91 feet to an
intersection with the West 1/16 section line of Section 20,
Township 21 South, Range 61 East, M.D.M., and the Owner's
Easterly property line thence South 0 deg. 19'43" East along said
West 1/16 section line a distance of 319.14 feet to a point on
the right or Southerly right-of way line of Flamingo Road; thence
North 71 deg. 37'38" West along said right-of-way line a distance
of 129.16 feet to a point; thence North 67 deg. 47'31" along said
right-of-way line a distance of 699.39 feet to a point; thence
from a tangent which bears North 73 deg. 32'11" west curving to
the left along said right-of-way line with a radius of 920 feet
through an angle of 15 deg. 27'49", an arc distance of 248.30
feet to the point of beginning; said parcel contains an area of
3.75 acres, more or less.
TOGETHER WITH all of grantors' right, title and interest,
including abutters' rights, in and to that portion of FLAMINGO
ROAD (fifty-feet wide) which abuts the above described property
on its North line, from the West property corner to the East
property corner.
PARCEL VIII:
That portion of the Southwest Quarter (SW 1/4) of the
Southwest Quarter (SW 1/4) of Section 17, Township 21 South,
Range 61 East, M.D.B., described as follows:
Lots One (1) and Two (2) as shown by map thereof in file 46
of Parcel Maps, page 18, in the Office of the County Recorder of
Xxxxx County, Nevada.
EXCEPTING Therefrom the Northerly 20 feet as described in
the Grant, Bargain and Sale Deed to Xxxxx County, recorded
October 19, 1989 in Book 891019 as Document No. 834 and
re-recorded January 18, 1990 in Book 900118 as Document No. 00863
of Official Records, Xxxxx County, Nevada.
A-6
PARCEL IX:
PARCEL A:
That portion of the Southeast Quarter (SEl/4) of the
Southwest Quarter (SW 1/4) of Section 17, Township 21 South,
Range 61 East, M.D.B. & M., in the County of Xxxxx, State of
Nevada, described as follows:
COMMENCING at the intersection of the South line of said
Section 17 with the Northwesterly right-of-way line of the Los
Angeles and Salt Lake (Union Pacific) Railroad (200 feet wide);
thence North 28 deg. 12'00" East along the said
Northwesterly right-of-way line a distance of 400.00 feet to the
Northeast corner of that certain property conveyed to XXXXX
XXXXXX, et al, by Deed recorded May 11, 1965 as Document No.
491993, said point being the TRUE POINT OF BEGINNING;
thence continuing North 28 deg. 12'00". East along the
Northwesterly right-of-way line of the railroad a distance of
428.37 feet to the Southeast corner of that certain parcel of
land conveyed to NEVADA CATHOLIC WELFARE BUREAU, INC. by Deed
recorded as Document No. 248789 in December of 1972;
thence North 61 deg. 48'00" West along the Southerly
boundary of the above mentioned WELFARE BUREAU PARCEL a distance
of 573.95 feet to a point in the West line of the Southeast
Quarter (SEl/4) of the Southwest Quarter (SWl/4) of said Section
17; thence South 0 deg. 22'49" West along the last mentioned West
line to the Northwest corner of the above mentioned WILGAR
PARCEL;
thence South 61 deg. 48'00" East along the Northerly
boundary of the said WILGAR PARCEL a distance of 368.00 feet to
the TRUE POINT OF BEGINNING.
PARCEL B:
A right-of-way and easement with the right of ingress and
egress for the construction, operation, maintenance, repair and
renewal of railroad spur track lines over and across the Easterly
10 feet of that certain parcel of property conveyed to X. X.
XXXXXXXX, INC., a Delaware Corporation as reserved in that
certain Deed recorded May 18, 1955 as Document No. 46886,
Official Records, Xxxxx County, Nevada.
PARCEL C:
A right-of-way and easement for the construction, operation,
maintenance, repair and renewal of a railroad spur track line
over, along and across the following described property:
A strip of land 20.00 feet wide lying Westerly and
immediately adjacent to the Northwesterly right of way line of
the Los Angeles, and Salt Lake City (Union Pacific) Railroad
A-7
right of way (200 feet wide) bounded on the South by the
Northerly boundary line of the hereinabove conveyed parcel and
bounded on the North by the Southerly boundary line of that
certain parcel of land conveyed by CINDERLITE, INC. to X. X.
XXXXXXXX, INC. by Deed recorded May 18, 1955 as Document No.
46886 in said County Official Records.
PARCEL D:
A non-exclusive right of way and easement for road and
utility purposes, over, along, and across the following described
property:
The Westerly 30.00 feet lying Easterly and immediately
adjacent to the West line of the East One Half (El/2) of the
Southwest Quarter (SWl/4) of said Section 17, bounded on the
South by the Northerly boundary line of the hereinabove conveyed
parcel and bounded on the North by the Southerly boundary line of
that certain parcel of land conveyed by CINOERLITE, INC. to X.X.
XXXXXXXX, INC. by Deed recorded May 18, 1955 as Document No.
46886 in said County, Official Records.
PARCEL E:
A non-exclusive Easement for ingress, egress and public
utility purposes over and across that portion of the Southwest
Quarter (SWl/4) of the Southwest Quarter (SWl/4) of Section 17,
Township 21 South, Range 61 East, described as follows?
COMMENCING at the Northeast corner of the Southwest Quarter
(SWl/4) of the Southwest Quarter (Sl/4) of Section 00, Xxxxxxxx
00 Xxxxx, Xxxxx 61 East, M.D.M., Xxxxx County, Nevada;
thence South 00 deg. 03'48" West along the East line of said
Southwest Quarter (SWl/4) of the Southwest Quarter (SWl/4) a
distance of 288.00 feet to the TRUE POINT OF BEGINNING;
thence continuing South 00 deg. 03'48" West a distance of
40.00 feet to a point; thence North 89 deg. 16'32" West on a line
parallel with the North line of the Southwest Quarter (S1/4) of
the Southwest Quarter (SW1/4) a distance of 282.58 feet to a
point;
thence North 00 deg. 03'48" East a distance of 40.00 feet to
a point;
thence South 89 deg. 16'52" East a distance of 282.58 feet
to the TRUE POINT OF BEGINNING.
PARCEL X:
PARCEL A:
That portion of the Southwest Quarter (SWl/4) of the
Southwest Quarter (SWl/4) of Section 17, Township 21 South, Range
61 East, M.D.B. & M., in the County of Xxxxx, State of Nevada
described as follows:
A-8
BEGINNING at the intersection of the South line of the
Southwest Quarter (SWl/4) of said Section 17, with the
Northwesterly right-of-way line of Los Angeles and Salt Lake City
(Union Pacific) Railroad right-of-way, 200 feet wide;
thence North 28 deg. 12'00" East along the said
Northwesterly right-of-way line a distance of 400.00 feet;
thence North 61 deg. 48'00" West a distance of 368.00 feet
to a point in the West line of the East Half (El/2) of the
Southwest Quarter (SWl/4) of said Section 17, said West line
being also the East boundary of that certain parcel of land
conveyed to XXXXXXX AND XXXX CO. to STOCKS MILL AND SUPPLY CO.,
INC. by Deed recorded December 31, 1963 as Document No. 404686 in
Xxxxx County, Nevada, Official Records;
thence Southerly along the said East boundary line a
distance of 516.00 feet to the Southeast corner of said conveyed
parcel, said corner also being the Southwest corner of the East
Half (El/2) of the Southwest Quarter (SW1/4) of said Section 17;
thence Easterly along the South line of said Southwest
Quarter (SWl/4) of said Section 17;
thence Easterly along the South line of said Southwest
Quarter (SWl/4) to the POINT OF BEGINNING.
TOGETHER with that portion of vacated Flamingo Road
appurtenant thereto by Order of Vacation recorded November 3,
1989 in Book 891103 as Document No. 00683, Official Records.
PARCEL B:
A non-exclusive right-of-way and easement for road and
utility purposes over, along and across the following described
property:
The Westerly 30.00 feet lying Easterly and immediately
adjacent to the West line of the East Half (El/2) of the
Southwest Quarter (SWl/4) of said Section 27, bounded on the
South by the Northerly boundary line of the hereinabove conveyed
parcel and bounded on the North by the Southerly boundary line of
that certain parcel of land conveyed by CINDERLITE, INC., to X.X.
XXXXXXXX, INC., by Deed recorded May 18, 1955 as Document No.
46886 in said County, Official Records.
PARCEL C:
A right-of-way and easement for the construction, operation,
maintenance, repair and renewal of a railroad spur track line
over, along and across the following described property:
A strip of land 20.00 feet wide lying Westerly and
immediately adjacent to the Northwesterly right-of-way line of
Los Angeles and Salt Lake City (Union Pacific) Railroad right-of-
way (200 feet wide), bounded on the South by the Northerly
boundary line of the hereinabove
A-9
conveyed parcel and bounded on the North by the Southerly
boundary line of that certain parcel of land conveyed by
CINDERLITE, INC., to X.X. XXXXXXXX, INC. by Deed recorded May 18,
1955 as Document No. 46886 in said County Official Records.
PARCEL D:
A right-of-way and easement with right of ingress and egress
for the construction, operation, maintenance, repair and renewal
of railroad spur track lines over and across the Easterly 10
feet of that certain parcel of property conveyed to X.X.
XXXXXXXX, INC., a Delaware Corporation as reserved in that
certain Deed recorded May 18, 1955 as Document No. 46886,
Official Records, Xxxxx County, Nevada.
PARCEL E:
A non-exclusive Easement for ingress, egress and public
utility purposes over and across that portion of the Southwest
Quarter (SW1/4) of the Southwest Quarter (SWl/4) of Section 17,
Township 21 South, Range 61 East, described as follows:
COMMENCING at the Northeast corner of the Southwest Quarter
(SWl/4) of the Southwest Quarter (SWl/4) of Section 00, Xxxxxxxx
00 Xxxxx, Xxxxx 61 East, M.D.M., Xxxxx County, Nevada;
thence South 00 deg. 03'48" West along the East line of said
Southwest Quarter (SW1/4) of the Southwest Quarter (SWl/4) a
distance of 288.00 feet to the TRUE POINT OF BEGINNING;
thence continuing South 00 deg. 03'48" West a distance of
40.00 feet to a point;
thence North 89 deg. 16'52" West on a line parallel with the
North line of the Southwest Quarter (SWl/4) of the Southwest
Quarter (SWl/4) a distance of 282.58 feet to a point;
thence North 00 deg. 03'46" East a distance of 40.00 feet to
a point;
thence South 89 deg. 16'52" East a distance of 282.58 feet
to the TRUE POINT OF BEGINNING.
PARCEL XI:
PARCEL A:
That portion of the Southeast Quarter (SEl/4) of the
Southwest Quarter (SWl/4) of Section 17, Township 21 South, Range
61 East, M.D.M., described as follows:
COMMENCING at the intersection of the South line of said
Section 17 with the Northwesterly right-of way line of the Los
Angeles and Salt Lake (Union Pacific) Railroad (200 feet wide);
A-10
thence North 28 deg. 12'00" East along the said
Northwesterly right-of-way line a distance of 1028.37 feet to the
most Southerly corner of that certain parcel of land described in
a Deed from CINDERLITE INC., to X.X. XXXXXXXX, INC., a Delaware
Corporation recorded May 18, 1955 as Document No. 46886, Xxxxx
County, Nevada records, the TRUE POINT OF BEGINNING;
thence North 61 deg. 48'00'' West along the Southerly
boundary of the last mentioned parcel of land a distance of
679.49 feet to a point in the West line of the Southeast Quarter
(SEl/4) of the Southwest Quarter (SWl/4) of said Section 17;
thence South 0 deg. 22'49" West along the last mentioned
West line a distance of 226.14 feet to a point;
thence South 61 deg. 48'00" East a distance of 573.95 feet
to a point in the aforementioned Northwesterly right-of-way line
of the Los Angeles and Salt Lake (Union Pacific) Railroad;
thence North 28 deg. 12'00" East along the said right-of-way
line a distance of 200.00 feet to the TRUE POINT OF BEGINNING.
PARCEL B:
A right-of-way and easement with the right of ingress and
egress for the construction, operation, maintenance, repair and
renewal of railroad spur track lines over and across the Easterly
10 feet of that certain parcel of property conveyed to X.X.
XXXXXXXX, INC., a Delaware Corporation as reserved in that
certain Deed recorded May 18, 1955 as Document No.46886, Official
Records, Xxxxx County, Nevada.:
PARCEL C:
A non-exclusive Easement for ingress, egress and public
utility purposes over and across that portion of the Southwest
Quarter (SWl/4) of the Southwest Quarter (SWl/4) of Section 17,
Township 21 South, Range 61 East, described as follows:
COMMENCING at the Northeast corner of the Southwest Quarter
(SWl/4) of the Southwest Quarter (SW1/4) of Section 00, Xxxxxxxx
00 Xxxxx, Xxxxx 61 East, M.D.M., Xxxxx County, Nevada;
thence South 00 deg. 03'48" West along the East line of said
Southwest Quarter (SWl/4) of the Southwest Quarter (SWl/4) a
distance of 288.00 feet to the TRUE POINT OF BEGINNING;
thence continuing South 00 deg. 03'48" West a distance of
40.00 feet to a point;
thence North 89 deg. 16'52" West on a line parallel with the
North line of the Southwest Quarter (SWl/4) of the Southwest
Quarter (SWl/4) a distance of 282.58 feet to a point;
thence North 00 deg. 03'46" East a distance of 40.00 feet to
a point;
A-11
thence South 89 deg. 16'52" East a distance of 282.58 feet
to the TRUE POINT OF BEGINNING.
PARCEL XII:
COMMENCING at the Northeast Corner of the Southwest Quarter
(SWl/4) of the Southwest Quarter (SWl/4) of Section 00, Xxxxxxxx
00 Xxxxx, Xxxxx 61 East, M.D.M., Xxxxx County, Nevada; said point
being the TRUE POINT OF BEGINNING;
thence South 00 deg. 03'48" West along the East line of said
Southwest Quarter (SW1/4) of the Southwest Quarter (SWl/4) a
distance of 328.00 feet to a point;
thence North 89 deg. 16'52" West on a line parallel with the
North line of the Southwest Quarter (SWl/4) of the Southwest
Quarter (SWl/4) a distance of 282.58 feet to a point;
thence North 00 deg. 03'48" East a distance of 328.00 feet
to a point;
thence South 89 deg. 16'52" East a distance of 282.58 feet
to the TRUE POINT OF BEGINNING.
ALSO DESCRIBED AS:
Parcel I as shown by map thereof on file in File 47 of
Parcel Maps, Page 51 in the Office of the County Recorder of
Xxxxx County, Nevada.
EXCEPTING THEREFROM that property conveyed to the County of
Xxxxx by an instrument recorded January 18, 1990 in Book 900118
as Instrument No. 00864 of Official Records, described as
follows:
A portion of the Southwest Quarter (SWl/4) of Section 17,
Township 21 South, Range 61 East, M.D.B. & M., Xxxxx County,
Nevada, being more particularly described as follows:
COMMENCING at the South One-Sixteenth Corner of Section 17,
Township 21 South, Range 61 East, M.D.B. & M., Xxxxx County,
Nevada;
thence South 89 deg. 17'22" East a distance of 1074.89 feet
to the TRUE POINT OF BEGINNING;
thence continuing South 89 deg. 17'22" East a distance of
282.66 feet to a point;
thence South 00 deg. 03'46" West a distance of 30.00 feet to
a point;
thence South 86 deg. 39'36" West a distance of 283.14 feet
to a point;
thence North 00 deg. 03'46" East a distance of 50.01 feet to
the TRUE POINT OF BEGINNING.
A-12
ALSO EXCEPTING THEREFROM that portion conveyed to the County
of Xxxxx by an instrument recorded December 28, 1989 in Book
891228 as Document No. 00778 of Official Records, described as
follows:
A portion of the Southwest Quarter (SWl/4) of the Southwest
Quarter (SWl/4) of Section 00, Xxxxxxxx 00 Xxxxx, Xxxxx 61 East,
M.D.M., Xxxxx County, Nevada, being more particularly described
as follows:
COMMENCING at the Southwest One-Sixteenth Corner of Section
00, Xxxxxxxx 00 Xxxxx, Xxxxx 61 East, M.D.M., Xxxxx County,
Nevada;
thence South 00 deg. 03'46" West a distance of 30.00 feet to
the TRUE POINT OF BEGINNING;
thence continuing South 00 deg. 03'46" West a distance of
20.00 feet to a point;
thence North 89 deg. 17'22'' West a distance of 282.66 feet
to a point;
thence North 86 deg. 39'36" East a distance of 282.14 feet
to the TRUE POINT OF BEGINNING.
PARCEL XIII:
COMMENCING at the Northwest corner of the Northeast Quarter
(NEl/4) of the Northwest Quarter (NWl/4) of Xxxxxxx 00, Xxxxxxxx
00 Xxxxx, Xxxxx 61 East, M.D.B. & M., said point being the TRUE
POINT OF BEGINNING;
thence South 89 deg. 53'33" East, along the North line of
Section 20, 177.49 feet to a point on the West right-of-way of
Union Pacific Railroad;
thence along said right-of-way South 27 deg. 39'44" West,
132.00 feet to a point on the North right-of-way of Flamingo
Road;
thence North 75 deg. 26'45" West, 119.56 feet;
thence North 0 deg. 19'45" West, 87.20 feet to the TRUE
POINT OF BEGINNING.
PARCEL XIV:
That portion of the Southwest Quarter (SWl/4) of Section 17,
Township 21 South, Range 61 East, M.D.B. & M., being more
particularly described as follows:
COMMENCING at the Northeast Corner of the Southwest Quarter
(SWl/4) of said Section 17; thence Southerly along the East line
of the Southwest Quarter (SWl/4) of said Section 17 a distance of
236.20 feet to a point on the Northwesterly line of the L.A. and
S.L. (Union Pacific) railroad right-of-way line - 200.00 feet
wide; thence South 28 deg. 12'00" West along the said
right-of-way line a distance of 1644.81 feet to a point; thence
North 62 deg. 05'41" West a distance of
A-13
679.68 feet to a point; thence North 00 deg. 03'46" East a
distance of 6.54 feet to the TRUE POINT OF BEGINNING; thence
continuing North 00 deg. 03'46" East a distance of 79.33 feet to
a point; thence South 89 deg. 16'40" East a distance of 91.95
feet to a point; thence South 49 deg. 39'16" West a distance of
120.75 feet to the TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM that portion of said land conveyed to
the County of Xxxxx by that certain Grant, Bargain, Sale Deed
recorded December 28, 1989 in Book 891228 as Document No. 00776
and re-recorded January 18, 1990 in Book 900118 as Document No.
01019 of Official Records, described as follows:
A portion of the Southwest Quarter (SWl/4) of Section 17,
Township 21 South, Range 61 East, M.D.B. & M., Xxxxx County,
Nevada, being more particularly described as follows:
COMMENCING at the South One-Sixteenth Corner of Section 17,
Township 21 South, Range 61 East, M.D.B. & M., Xxxxx County,
Nevada; thence South 89 deg. 17'22" East a distance of 1357.85
feet to the TRUE POINT OF BEGINNING; thence continuing South 89
deg. 17'22" East a distance of 91.95 feet to a point; thence
South 49 deg. 39'16" West a distance of 45.67 feet to a point;
thence North 89 deg. 16'40" West a distance of 57.17 feet to a
point; thence North 00 deg. 03'46" East a distance of 30.00 feet
to the TRUE POINT OF BEGINNING.
FURTHER EXCEPTING THEREFROM that portion of said land
conveyed to the County of Xxxxx by that certain Grant, Bargain,
Sale Deed recorded December 28, 1989 in Book 891228 as Document
No. 00778 of Official Records, described as follows:
A portion of the Southeast Quarter (SEl/4) of the Southwest
Quarter (SWl/4) of Section 00, Xxxxxxxx 00 Xxxxx, Xxxxx 61 East,
M.D.M., Xxxxx County, Nevada, being more particularly described
as follows:
COMMENCING at the Southwest One-Sixteenth Corner of Section
00, Xxxxxxxx 00 Xxxxx, Xxxxx 61 East, M.D.M., Xxxxx County,
Nevada; thence South 00 deg. 03'46" West a distance of 30.00 feet
to the TRUE POINT OF BEGINNING; thence continuing South 00 deg.
03'46" West a distance of 20.00 feet to a point; thence South 89
deg. 16'40" East a distance of 33.99 feet to a point; thence
North 49 deg. 39'16" East a distance of 30.44 feet to a point;
thence North 89 deg. 16'40" west a distance of 57.17 feet to the
TRUE POINT OF BEGINNING.
PARCEL XV:
A tract of land known as a portion of Highland Avenue
located in Section 17, Township 21 South, Range 61 East, M.D.M.,
more particularly described as follows:
COMMENCING at the Northwest corner of the Southwest Quarter
(SWl/4) of the Southwest Quarter (SWl/4) of said Section 17 being
the intersection of the centerline of Valley View Boulevard and
Viking Road; thence South 89 deg. 17'11" East along the
centerline of said Viking Road a distance of 1,035.12 feet to the
centerline of Highland Avenue and Viking Road; thence South 00
deg. 03'50" West along the centerline of said Highland Avenue a
distance of 50.00 feet to the TRUE POINT OF BEGINNING; thence
South 89 deg. 17'04"
A-14
East a distance of 40.00 feet; thence South 00 deg. 03'50" West
a distance of 377.25 feet to a point of non-tangent curve concave
Northerly, having a radius of 60.00 feet and an initial radial
bearing of South 41 deg. 45'39" East; thence along said curve a
distance of 87.57 feet; thence North 00 deg. 03'50" East a
distance of 378.18 feet to a point on the South right-of-way
of said Viking Road; thence South 89 deg. 17'04" East a distance
of 40.00 feet to the TRUE POINT OF BEGINNING.
A-15
EXHIBIT "B"
XXXXXXX XXXXXX ASSOCIATES
4 August 1995
Xx. Xxxxxx Xxxxxxx
RIO SUITE HOTEL & CASINO
0000 Xxxx Xxxxxxxx Xxxx
Xxx Xxxxx, Xxxxxx 00000
Reference: RIO PHASE V EXPANSION
GUARANTEED MAXIMUM PRICE (G.M.P.) PROPOSAL
Dear Xxxxxx:
We are pleased to submit this Guaranteed Maximum Price
Proposal for construction of the Rio Phase V Expansion. This
proposal was prepared in accordance with Preliminary Project
Drawings A2.1, A2.2, A2.3 dated 21 July 1995 and TA1.1, TA2.0,
TA2.1, TA2.2, TA2.3, TA5.0, TA5.1, TA6.0 dated 11 July 1995, as
prepared by Xxxxxxx X. Xxxxxxx XX, Chtd.
This G.M.P. Proposal is based on the following Scope of Work
as depicted in the above referenced drawings:
- Construction of a 41 story Hotel Tower containing 1,015
guestrooms similar to the existing Rio guestrooms;
- Construction of fully developed Basement and 1st Level
areas of the new Tower;
- Development of the 3rd Level of the Tower inclusive of
Conference Rooms, Exercise Room, Public Restrooms and
associated support areas;
- Development of portion of the top two levels of the
Tower to incorporate a restaurant and lounge;
- Construction of an approximate 255,000 square feet
Lowrise Addition including approximately 72,000 square
feet of Basement, 103,600 square feet of 1st Level and
79,400 square feet of 2nd Level. The Lowrise Addition
will include fully developed Public and Back of House
areas, as outlined in the attached Project Magnitude
Budget Estimate dated 25 July 1995, as well as an
approximate 32,400 square feet of undeveloped Retail
Tenant Improvement Areas;
- Allowances for the construction of an approximate 1,650
square foot Baggage Room Addition, a 2,500 square foot
Loading Dock Addition, a 4,100 square foot building
"shell only" addition at the Race & Sports Book area,
and a 7,200 square foot covered roof structure at the
new Valet Pick-Up area;
- Remodel of existing Lowrise building areas including
approximately 16,150 square feet of East Casino areas
and 2,000 square feet of existing building to
accommodate expansion of the Employee Dining;
- Construction of a Four (4) Level 1,080 Car Public
Parking Garage, including a Pedestrian Bridge to the
2nd Level of the new Casino;
- Construction of a 473 space Valet Parking structure;
- Construction of a Valet Tunnel to the new Valet Parking
structure;
- Construction of a new Employee Parking Area at the
existing Cinderlite property;
- Construction of all related Onsite Improvements
including roadway modifications, entrance
modifications, parking area modifications, and new ramp
to the existing pool area parking structure;
- All site landscaping and irrigation work;
- Construction of a new swimming pool at the existing
Volleyball area;
- Expansion of the existing Pool Recreation Area into a
portion of the existing Parking Deck;
- An Allowance of $1,000,000 for all Utility Relocation
work and new Utilities work as required;
- An Allowance of $1,000,000 for Offsite Improvements;
- An Allowance of $500,000 to relocate Motorola and Laser
Equipment to the new Tower;
- An Allowance of $1,000,000 for relocation of the
existing Rio Pylon Sign;
- An Allowance of $1,000,000 for Permit and Planscheck
Fees;
- Interior Furnishings, Fixtures and Equipment (FF&E), as
required for all new and remodeled building areas,
excepting Retail Tenant Improvement Areas;
- An Allowance of $5,000,000 for the Casino Show Special
Feature/Effects;
- An Allowance of $300,000 for Sound, Lighting and
Rigging at the new Country Nightclub;
B-2
- All Kitchen and Bar Equipment;
- All Elevators and Escalators at the Tower, Lowrise and
Parking Garage as required.
Our Guaranteed Maximum Price Proposal for the above outlined
Scope of Work is ONE HUNDRED SIXTY-TWO MILLION, NINE HUNDRED
EIGHT THOUSAND, SEVEN HUNDRED THIRTY-FIVE DOLLARS (162,908, 735).
Our cost estimate breakdown for the above G.M.P. amount is
attached hereto for your review. This cost estimate breakdown
dated 25 July 1995, provides a detailed square foot breakdown of
all of areas included in the above outlined Scope of Work. Also
attached hereto, please reference our list of Exclusions for
items specifically excluded from this G.M.P. Proposal.
We are very pleased that Xxxxxxx Xxxxxx Associates has once
again been afforded the opportunity to be a part of the continued
growth and success of the Rio.
Very truly yours,
XXXXXXX XXXXXX ASSOCIATES
Xxxxx X. Xxxxx
XXX/dmm
Attachments
cc: Xxxx Xxxxxxx
Xxx Xxxxxxx
File
B-3
EXHIBIT "B"
XXXXXXX XXXXXX ASSOCIATES
RLO PHASE V EXPANSION
EXCLUSION LIST
4 AUGUST 1995
1. Architectural Design Fees
2. Interior Design Fees
3. Engineering Fees
4. Bond Premiums
5. Development Tax (@ .50/sf)
6. Sewer Connection Fees
7. Towels & Linens, Sheets, Blankets, Pillows, Pillowcases and
all other various and Sundry and Paper and other Supplies,
including Housekeeping Equipment of any kind, and Uniforms
8. Master Antenna System
9. All Back-of-House Items associated with Cooking and Eating;
i.e. Flatware, China, Glasses, Cups, Linens, Kitchen Cooking
and Preparation Utensils, Pots, Pans, etc., including
required Cleaning Equipment
10. Employees' and all other Storage Lockers
11. Bus Carts & Associated Hardware
12. Dry Storage Shelving
13. Slot Repair Equipment, Small Tools, Work Benches, Storage
Shelves, Bins, etc.
14. Room Service Carts, Tables, Hardware, etc.
15. Beverage Dispensing Equipment, & Tubing therefore
16. Engineering Supplies, Tools, Storage Shelves or Bins, etc.
17. Loading & Receiving Carts or Dollies
B-4
18. All Office Equipment, Desks,
19. All Office Equipment, Desks, Chairs, Adding Machines, Data
Processing Equipment, all other Office Furnishings, i.e.
Shelving, Conference Tables, File Cabinets, etc.
20. All closed circuit TV Monitoring Systems, Recorders,
Equipment and Conduit and wiring therefore
21. All Gaming and Related Equipment, i.e.:
a. Tables and Chairs
b. Crap Tables
c. Baccarat Tables & Chairs
d. Cards, Shoes, Dice, Stubs, Drop Boxes, etc.
e. Closed Circuit TV Systems, including Wiring & Conduit
therefore
f. All Pit Stands and Related Millwork
g. All Change Stands and Related Millwork
h. Slot Machines, Installation & Connection thereof
i. Slot Machine Stands
j. Soft or Hard Count Equipment
k. All Cage Equipment
l. All Money Carts, etc.
m. All Timeclocks, Payroll Systems, Time & Attendance
Systems, etc.
n. All Coat Room Systems (automated Coat Storage
Equipment)
o. All Safe Deposit Boxes and Vaults or Moveable Safes
p. All Keno Systems including Wiring therefore
q. Poker Tables & Chairs
r. Race & Sports Book Computer Systems (betting/display)
s. Race & Sports Book Boards
t. Bingo Systems
B-5
22. All Public Telephones and all House and Guest Phone
Equipment, including wiring therefore
23. All Interior Electric Sign Work
24. All Exterior Signage, exception Allowance for relocation of
the existing Pylon Sign.
25. All Interior Security Systems, including Hand-carried Radios
26. All Laundry Equipment, including installation thereof
27. Vacuum Cleaners/Cleaning Devices
28. Linen Storage/Shelving/Supply Storage
29. Cabinetry or Shelving/Maintenance Shelving or Cabinetry
30. All Computer Systems, including Wiring therefore
31. Halon System
32. Computer Floors
33. Alarm Systems Conduit & Wiring
34. UPS System for Computer
35. Reader Boards
36. Data Cable for Message Centers
37. Retrofit Requirements
38. Course of Construction Insurance
39. Vending Machines
40. Trash Receptacles
41. Trash Compactors/Can Wash Equipment
42. Ash Trays & Receptacles
43. Attic Stock and/or Spare Equipment/Materials
44. Model Room Costs
B-6
The above exclusions have been reviewed, and it is
understood that the cost of the items which pertain to this
Project must be added to Xxxxxxx Xxxxxx Associates' estimates in
order to determine the overall budget.
By
Owner's Representative Date
B-7
EXHIBIT B
RIO PHASE V
EXPANSION TABLE
B-8
RIO PHASE V
PROJECT MAGNITUDE BUDGET ESTIMATE
REVISED 7/25/95
DESCRIPTION AREA CONSTRUCTION
ONSITE / OFFSITE IMPROVEMENTS
Utility Relocations/New Utilities Allowance 1,000,000
PUBLIC Parking Garage (1080 Cars/4 Levels) 418,000 sf 20 8,360,000
VALET Parking Garage (473 Spaces) 174,600 sf 27.5 4,801,500
New Valet Tunnel 3,500 sf 65 227,500
Valet Tunnel Extension/Overpass Structure/Ret. Walls Allowance 350,000
New Employee Parking @ Cinderlite Property 310,000 sf 3.25 1,007,500
Revised Employee Parking Area 119,000 sf 2.25 267,750
New Site Roadways/Main Entrance Modifications 490,000 sf 3.75 1,837,500
Site Landscaping Allowance 1,000,000
New Swimming Pool @ Existing Pool Area 5,400 sf 40 216,000
Expanded Pool Recreation Area @ Parking Deck 70,000 sf 30 2,100,000
New Ramp to Existing Parking Deck 2,160 sf 50 108,000
Relocate Showroom Nitrogen Tank Allowance 100,000
OFFSITE IMPROVEMENTS Allowance 1,000,000
SUBTOTAL ONSITE / OFFSITE IMPROVEMENTS 22,375,750
LOWRISE (New Construction)
BASEMENT
B.O.H. @ Tower 22,500 sf 70 1,575,000
Loading Dock 912 sf 85 77,520
Receiving Area/Dry Storage 5,800 sf 85 493,000
Wine Cellar/Wine Storage 4,770 sf 150 715,500
Tunnels / B.O.H. Corridors 17,446 sf 90 1,570,140
Central Plant 2,350 sf 85 199,750
Security Offices 1,400 sf 85 119,000
Employee Lounge/Restrooms 2,500 sf 95 237,500
Training Rooms 1,570 sf 85 133,450
Storage/Unassigned 13,065 sf 80 1,045,200
72,313 SF
MAIN LEVEL
Public Elevator Lobbies @ Tower 1,600 sf 100 160,000
Service Elevator Lobbies @ Tower 300 sf 85 25,500
Event/Viewing Area 4,500 sf 120 540,000
Mardi Gras Casino (2-Story Space) 25,125 sf 135 3,391,875
Special Feature/Effects Allowance
Restaurants / Bars
CAFE (240 SEATS) 4,320 sf 115 496,800
TROPICAL RESTAURANT (202 SEATS) 7,200 sf 115 828,000
SPECIALTY BUFFET (380 SEATS) 9,630 sf 110 1,059,300
BAR (48 SEATS) 1,162 sf 125 145,250
Kitchens
CAFE 1,572 sf 110 172,920
TROPICAL RESTAURANT 1,865 sf 110 205,150
SPECIALTY BUFFET 4,622 sf 110 508,420
Retail (8 Spaces - TENANT IMPROVEMENT) 11,094 sf 80 887,520
Cage 1,604 sf 105 168,420
Public Restrooms 2,840 sf 115 326,600
Opening to Wine Cellar 450 sf 60 27,000
B.O.H. Storage/Circulation 24,696 sf 85 2,099,160
Hard Count 1,020 sf 85 86,700
103,600 SF
SECOND LEVEL
Service Elevator Lobby @ Tower 990 sf 90 89,100
Mechanical 1,800 sf 85 153,000
Restaurants / Nightclubs
NAPA'S RESTAURANT (150 SEATS) 4,360 sf 115 501,400
XXXX'X (250 SEATS) 7,400 sf 115 851,000
COUNTRY CLUB NIGHTCLUB 7,150 sf 135 965,250
Kitchens
NAPA'S 1,200 sf 110 132,000
XXXX'X 1,850 sf 110 203,500
Retail (9 Spaces - TENANT IMPROVEMENT) 21,300 sf 80 1,704,000
Show Staging 4,121 sf 85 350,285
B.O.H. Storage/Circulation 27,823 sf 85 2,364,955
Pedestrian Bridge to Garage Level 4 1,390 sf 150 208,500
79,384 SF
Lowrise Elevators/Escalators/Lifts (11 stops/2 pair/2 Allowance
lifts)
SUBTOTAL LOWRISE (NEW CONSTRUCTION) 255,297 SF 97.21 24,817,665
LOWRISE (Remodel Areas)
MAIN LEVEL
Existing East Casino (@ Existing Structure) 5,588 sf 75 419,100
Existing East Casino (New Structure) 4,306 sf 110 473,660
Old Michael's/Restrooms to Hardcount/B.O.H. (New 2,575 sf 100 257,500
Structure)
Old Michael's/Restrooms to Casino & Entry (New/Existing 3,680 sf 110 404,800
Structure)
Expanded Employee Dining Room (Existing Structure) 2,000 sf 70 140,000
SUBTOTAL LOWRISE (REMODEL AREAS) 18,149 SF 93.40 1,695,060
TOWER (Floors 3-40)
CONSTRUCTION
Level 3
CONFERENCE ROOMS 8,500 sf 105 892,500
RESTROOMS 900 sf 115 103,500
EXERCISE ROOM 1,690 sf 95 160,550
STORAGE 1,350 sf 70 94,500
B.O.H. / CIRCULATION 10,060 sf 70 704,200
Levels 4-39 (Typical Suites) 954,936 sf 70 66,845,520
Xxxxx 00
XXXXXXXXXX 5,494 sf 150 824,100
KITCHEN 1,860 sf 125 232,500
GUESTROOMS 6,514 sf 85 553,690
B.O.H. / CIRCULATION 5,003 sf 70 350,210
Xxxxx 00
LOUNGE 3,667 sf 150 550,050
GUESTROOM 3,285 sf 90 295,650
B.O.H. / CIRCULATION 4,565 sf 70 319,550
Elevators (Passenger/Service/Observation) 250 stops
FF&E
Typical Suites 000 xx
Xxx Xxxxxx 00 xx
Xxxxxxxxxxx Xxxxxx 0 ea
Large Hospitality 1 ea
Corridors 38 ea
SUBTOTAL TOWER (1015 ROOMS) 1,007,824 SF 71.37 71,926,520
MISCELLANEOUS ITEMS
Baggage Room Addition 1,650 sf 90 148,500
Loading Dock Addition 2,500 sf 85 212,500
Race & Sports Addition (SHELL ONLY) 4,133 sf 60 247,980
Covered Roof Structure w/Skylights @ New Valet Pickup 7,200 sf 50 360,000
Relocated Motorola/Lasers to new Tower Allowance 500,000
Permit/Plans Check Fees Allowance 1,000,000
Transportation Tax (Approx. 600,000) By Owner
Sewer Connection Fees (Approx. 2,000,000) By Owner
PYLON SIGN Relocation Allowance 1,000,000
SUBTOTAL MISCELLANEOUS ITEMS 3,468,980
TOTAL PRELIMINARY MAGNITUDE BUDGET ESTIMATE 124,283,975
DESCRIPTION INTERIORS EQUIPMENT TOTAL
ONSITE / OFFSITE IMPROVEMENTS
Utility Relocations/New Utilities 1,000,000
PUBLIC Parking Garage (1080 Cars/4 Levels) 8,360,000
VALET Parking Garage (473 Spaces) 4,801,500
New Valet Tunnel 227,500
Valet Tunnel Extension/Overpass Structure/Ret. Walls 350,000
New Employee Parking @ Cinderlite Property 1,007,500
Revised Employee Parking Area 267,750
New Site Roadways/Main Entrance Modifications 1,837,500
Site Landscaping 1,000,000
New Swimming Pool @ Existing Pool Area 216,000
Expanded Pool Recreation Area @ Parking Deck 2,100,000
New Ramp to Existing Parking Deck 108,000
Relocate Showroom Nitrogen Tank 100,000
OFFSITE IMPROVEMENTS 1,000,000
SUBTOTAL ONSITE / OFFSITE IMPROVEMENTS 22,375,750
LOWRISE (New Construction)
BASEMENT
B.O.H. @ Tower 5 112,500 1,687,500
Loading Dock 5 4,560 15 13,680 95,760
Receiving Area/Dry Storage 5 29,000 10 58,000 580,000
Wine Cellar/Wine Storage 125 596,250 50 238,500 1,550,250
Tunnels / B.O.H. Corridors 5 87,230 1,657,370
Central Plant 199,750
Security Offices 5 7,000 126,000
Employee Lounge/Restrooms 30 75,000 312,500
Training Rooms 25 39,250 172,700
Storage/Unassigned 1,045,200
MAIN LEVEL
Public Elevator Lobbies @ Tower 60 96,000 256,000
Service Elevator Lobbies @ Tower 5 1,500 27,000
Event/Viewing Area 100 450,000 990,000
Mardi Gras Casino (2-Story Space) 150 3,768,750 7,160,625
Special Feature/Effects Allowance 5,000,0 5,000,000
00
Restaurants / Bars
CAFE (240 SEATS) 110 475,200 15 64,800 1,036,800
TROPICAL RESTAURANT (202 SEATS) 110 792,000 15 108,000 1,728,000
SPECIALTY BUFFET (380 SEATS) 100 963,000 15 144,450 2,166,750
BAR (48 SEATS) 115 133,630 50,000 328,880
Kitchens
CAFE 150 235,800 408,720
TROPICAL RESTAURANT 150 279,750 484,900
SPECIALTY BUFFET 135 623,970 1,132,390
Retail (8 Spaces - TENANT IMPROVEMENT) By Tenant By Tenant 887,520
Cage 75 120,300 288,720
Public Restrooms 50 142,000 468,600
Opening to Wine Cellar 50 22,500 49,500
B.O.H. Storage/Circulation 5 123,480 10 246,960 2,469,600
Hard Count 5 5,100 91,800
SECOND LEVEL
Service Elevator Lobby @ Tower 5 4,950 94,050
Mechanical 153,000
Restaurants / Nightclubs
NAPA'S RESTAURANT (150 SEATS) 125 545,000 15 65,400 1,111,800
XXXX'X (250 SEATS) 125 925,000 15 111,000 1,887,000
COUNTRY CLUB NIGHTCLUB 80 572,000 S/L/R 300,000 1,837,250
Kitchens
NAPA'S 150 180,000 312,000
XXXX'X 150 277,500 481,000
Retail (9 Spaces - TENANT IMPROVEMENT) By Tenant By Tenant 1,704,000
Show Staging 5 20,605 370,890
B.O.H. Storage/Circulation 10 278,230 2,643,185
Pedestrian Bridge to Garage Level 4 75 104,250 312,750
Lowrise Elevators/Escalators/Lifts (11 stops/2 pair/2 750,000 750,000
lifts)
SUBTOTAL LOWRISE (NEW CONSTRUCTION) 41.11 10,495,26 34.27 8,747,810 44,059,760
LOWRISE (Remodel Areas)
MAIN LEVEL
Existing East Casino (@ Existing Structure) 60 335,280 754,380
Existing East Casino (New Structure) 60 258,360 732,020
Old Michael's/Restrooms to Hardcount/B.O.H. (New 20 51,500 309,000
Structure)
Old Michael's/Restrooms to Casino & Entry (New/Existing 60 220,800 625,600
Structure)
Expanded Employee Dining Room (Existing Structure) 50 100,000 15 30,000 270,000
SUBTOTAL LOWRISE (REMODEL AREAS) 53.22 965,940 1.65 30,000 2,691,000
TOWER (Floors 3-40)
CONSTRUCTION
Xxxxx 0
XXXXXXXXXX XXXXX 00 000,000 200,000 1,432,500
RESTROOMS 50 45,000 148,500
EXERCISE ROOM 30 50,700 By Owner 211,250
STORAGE 94,500
B.O.H. / CIRCULATION 5 50,300 754,500
Levels 4-39 (Typical Suites) See Below 66,845,520
Xxxxx 00
XXXXXXXXXX 000 549,400 25 137,350 1,510,850
KITCHEN 125 232,500 465,000
GUESTROOMS See Below 553,690
B.O.H. / CIRCULATION 10 50,030 400,240
Xxxxx 00
XXXXXX 00 000,000 50 183,350 1,045,095
GUESTROOM See Below 295,650
B.O.H. / CIRCULATION 10 45,650 365,200
Elevators (Passenger/Service/Observation) 15,000 3,750,000 3,750,000
FF&E
Typical Suites 9,500 8,911,000 8,911,000
End Suites 25,000 1,800,000 1,800,000
Hospitality Suites 50,000 200,000 200,000
Large Hospitality 150,000 150,000 150,000
Corridors 35,000 1,330,000 1,330,000
SUBTOTAL TOWER (1015 ROOMS) 13.73 13,833,77 4.47 4,503,200 90,263,495
MISCELLANEOUS ITEMS
Baggage Room Addition 15 24,750 173,250
Loading Dock Addition 10 25,000 237,500
Race & Sports Addition (SHELL ONLY) 247,980
Covered Roof Structure w/Skylights @ New Valet Pickup 360,000
Relocated Motorola/Lasers to new Tower 500,000
Permit/Plans Check Fees 1,000,000
Transportation Tax (Approx. 600,000) By Owner
Sewer Connection Fees (Approx. 2,000,000) By Owner
PYLON SIGN Relocation 1,000,000
SUBTOTAL MISCELLANEOUS ITEMS 24,750 25,000 3,518,730
TOTAL PRELIMINARY MAGNITUDE BUDGET ESTIMATE 25,319,75 13,306,010 162,908,735
EXHIBIT "C"
XXXXXXX XXXXXX ASSOCIATES
Xx. Xxxxxx Xxxxxxx
RIO SUITE HOTEL & CASINO
0000 Xxxx Xxxxxxxx Xxxx
Xxx Xxxxx, Xxxxxx 00000
Reference: RIO PHASE V EXPANSION (OUR PROJECT #738-95)
PAYMENT REQUEST NO. ________________
Dear Xx. Xxxxxxx:
Please consider this our Payment Request No. __________ for the
referenced Project.
Estimated Construction Work Performed
___________, 1995 thru ___________, 1995 $
1995
Our substantiation of costs incurred through _______________ is
herewith enclosed and recapped as follows:
Job Cost __________, 1995 thru __________, 1995 $
Overhead and Profit @ 7%
Gross Amount Billed _________, 1995 thru
__________, 1995 ($ )
Credit for Adjustment ($ )
Original Contract Amount $
Change Orders to Date
Current Contract Amount $
__________ Estimated Request $
Credit Adjustment ($
__________ Request $
Work Completed to Date $
Less Previous ($ )
Less Previous Request ($ )
Net __________ Request $
Our substantiation of costs for the month of
________________ will accompany our next Payment Request.
Sincerely,
XXXXXXX XXXXXX ASSOCIATES
Xxxxx X. Xxxxx
XXX/dmm
cc: Accounting, File
C-2
EXHIBIT "C"
XXXXXXX XXXXXX ASSOCIATES
CONDITIONAL RELEASE AND WAIVER OF LIEN
RIO PHASE V EXPANSION
PROJECT #738-95
For valuable consideration, which has been received, the
undersigned corporation, partnership or individual does hereby
release RIO PROPERTIES, INC. d/b/a RIO SUITE HOTEL & CASINO,
hereinafter designated, of and from any and all claims, demands,
causes of action whatsoever, in law or equity, which the
undersigned has had, no has or may hereafter have in connection
with labor performed or materials supplied by or through XXXXXXX
XXXXXX ASSOCIATES for that certain building on the premises
described as:
RIO PHASE V EXPANSION
in the County of Xxxxx, State of Nevada, does hereby waive and
relinquish all right to a lien, or the right to file a stop
notice, upon said property, and the building located thereon; and
the property of said Owner either on behalf of the undersigned or
on behalf of any subcontractor, mechanic, journeyman, laborer,
material man, or person performing labor upon or furnishing
material and machinery for such property or improvement of said
Owner, and the undersigned does hereby waive all right to any
such lien under the laws of the State of Nevada for and on behalf
of himself and all other such persons furnishing labor and
materials as aforesaid in any form or manner whatsoever for the
erection, construction and completion of remodeling of said
buildings; and the undersigned does hereby agree that in the
event any liens shall be filed by any person, firm or corporation
for labor or materials furnished to the undersigned shall refund
to Rio Properties, Inc. d/b/a Rio Suite Hotel & Casino all monies
that the Owner may be compelled to pay in discharging said lien,
including but not limited to, reasonable attorney's fees and
court costs in connection therewith.
Payment Request #__________, dated __________, in the amount
of $_____________.
By ______________________________________
C-3
State of Nevada
County of Xxxxx
Subscribed and sworn
before me this _________
day ___________________ of
__________________________
Notary Public in and for
said County and State
C-4
