Exhibit 10.30 ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement (the "AGREEMENT") is made and entered into as of January 12, 2004, by and between (i) New York Gaming, LLC, a Georgia limited liability company (the...Assignment and Assumption Agreement • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 10.50 Agreement Between Owner and Contractor AGREEMENT made as of the 30th day of January in the year 2004 BETWEEN the Owner: MONTICELLO RACEWAY MANAGEMENT, INC. and the Contractor: FLUOR ENTERPRISES, INC. The Project is: MONTICELLO RACINO...Empire Resorts Inc • March 3rd, 2005 • Retail-eating & drinking places
RECITALSRedemption Agreement • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
CATSKILL DEVELOPMENT, L.L.C. c/o Monticello Raceway Route 17B Monticello, New York 12701 January 12, 2004Empire Resorts Inc • March 3rd, 2005 • Retail-eating & drinking places • New York
RECITALS:Agreement of Lease • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
EXHIBIT 10.36 GUARANTY OF LEASE This GUARANTY OF LEASE (the "GUARANTY") is made by Empire Resorts, Inc., a Delaware corporation, having an office at 707 Skokie Boulevard, Suite 600, Northbrook, Illinois 60062 ("GUARANTOR"), for the benefit of Catskill...Guaranty of Lease • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
CATSKILL DEVELOPMENT, L.L.C. and MONTICELLO RACEWAY MANAGEMENT, INC. TERMINATION OF AGREEMENT OF LEASE This instrument affects real and personal property situated, lying and being in the Village of Monticello, Town of Thompson, County of Sullivan,...Termination of Agreement • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places
Exhibit 10.14 FIRST AMENDMENT OF LETTER AGREEMENT THIS FIRST AMENDMENT OF LETTER AGREEMENT (this "Amendment") is made and entered into as of April 30, 2004 (the "Effective Date"), by and between EMPIRE RESORTS, INC. and CATSKILL DEVELOPMENT, L.L.C.,...Letter Agreement • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
CATSKILL DEVELOPMENT, L.L.C. c/o Monticello Raceway Route 17B Monticello, New York 12701 January 12, 2004Shared Facilities Agreement • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
Exhibit 10.9 FIRST AMENDMENT OF LAND PURCHASE AGREEMENT THIS FIRST AMENDMENT OF LAND PURCHASE AGREEMENT (this "AMENDMENT") is made and entered into as of April 30, 2004 (the "EFFECTIVE DATE"), by and between Catskill Development, L.L.C., a New York...Land Purchase Agreement • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places
AGREEMENT:Agreement of Lease • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
EMPIRE RESORTS, INC.Empire Resorts Inc • March 3rd, 2005 • Retail-eating & drinking places
The undersigned, being all of the Members of BKB, LLC ("BKB"), pursuant to that certain Amended and Restated Securities Contribution Agreement dated as of December 12, 2003, by and between Empire Resorts, Inc., Alpha Monticello, Inc., Catskill Development, L.L.C, Americas Tower Partners, Monticello Realty L.L.C., Watertone Holdings, LP, New York Gaming, LLC, Fox-Hollow Lane, LLC, Shamrock Strategies, Inc., Clifford A. Ehrlich, BKB, Robert A. Berman, Philip B. Berman, Scott A. Kaniewski, Kaniewski Family Limited Partnership and KFP Trust (the "SECURITIES CONTRIBUTION AGREEMENT"), and the unanimous . written consent of the members of BKB, effective as of the Closing (as defined in the Securities Contribution Agreement), hereby (i) assign, transfer and convey all of their right, title and interest in their limited liability company membership interest in Monticello Raceway Development Company, LLC ("MRD") to Empire Resorts, Inc. in the percentages set forth on Schedule A hereto and (ii) c
CLOSING MEMORANDUMClosing Memorandum • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
EMPIRE RESORTS, INC.Empire Resorts Inc • March 3rd, 2005 • Retail-eating & drinking places
The undersigned, pursuant to that certain Amended and Restated Securities Contribution Agreement dated as of December 12, 2003, by and between Empire Resorts, Inc., Alpha Monticello, Inc., Catskill Development, L.L.C, Americas Tower Partners ("ATP"), Monticello Realty L.L.C., Watertone Holdings, LP, New York Gaming, LLC, Fox-Hollow Lane, LLC, Shamrock Strategies, Inc., Clifford A. Ehrlich, BKB, LLC, Robert A. Berman, Philip B. Berman, Scott A. Kaniewski, Kaniewski Family Limited Partnership and KFP Trust (the "SECURITIES CONTRIBUTION AGREEMENT"), and the unanimous written consent of the general partners of ATP, effective as of the Closing (as defined in the Securities Contribution Agreement), hereby (i) assigns, transfers and conveys all of the. right, title and interest in ATP's membership interest in Monticello Raceway Development Company, LLC ("MRD") to Empire Resorts, Inc. and (ii) consents to the admission of Empire Resorts, Inc. as a member of MRDD in accordance with the terms of
EXISTING PREMISES:Mortgage Modification and Spreader Agreement • March 3rd, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York
ASSIGNMENT OF LIMITED LIABILITY COMPANY MEMBERSHIP INTERESTSEmpire Resorts Inc • March 3rd, 2005 • Retail-eating & drinking places
The undersigned, pursuant to that certain Amended and Restated Securities Contribution Agreement dated as of December 12, 2003, by and between Empire Resorts, Inc., Alpha Monticello, Inc., Catskill Development, L.L.C ("CATSKILL"), Americas Tower Partners, Monticello Realty L.L.C., Watertone Holdings, LP, New York Gaming, LLC, Fox-Hollow Lane, LLC, Shamrock Strategies, Inc., Clifford A. Ehrlich, BKB, LLC, Robert A. Berman, Philip B. Berman, Scott A. Kaniewski, Kaniewski Family Limited Partnership and KFP Trust (the "SECURITIES CONTRIBUTION AGREEMENT"), effective as of the Closing (as defined in the Securities Contribution Agreement), hereby (i) assign, transfer and convey all of their right, title and interest in all of their membership interest in Monticello Casino Management, LLC and Mohawk Management, LLC to Empire Resorts, Inc. in the percentages set forth in Schedule A attached hereto, and (ii) consent to the admission of Empire Resorts, Inc. as a member of each of Monticello Casin
