Exhibit 10.6
AMENDMENT TO LAND LEASE
This Amendment to Land Lease (this "Amendment") is entered into as of
this 18th day of February 1999, between the MOHEGAN TRIBE OF INDIANS OF
CONNECTICUT, a federally recognized Indian tribe (as lessor or landlord under
the Land Lease referred to below, being hereinafter referred to as the "Tribe"),
and the MOHEGAN TRIBAL GAMING AUTHORITY, an instrumentality of the Tribe (as
lessee or tenant under such Land Lease, being hereinafter referred to as the
"Authority").
WHEREAS, the Tribe and the Authority are parties to that certain Land
Lease, dated September 29, 1995, as amended (the "Land Lease");
WHEREAS, the Tribe and the Authority desire to obtain financing for
the purpose, among others, of expanding the Improvements, as defined in the Land
Lease;
WHEREAS, such financing is to be secured by, among other things, a
leasehold mortgage deed encumbering all property which is the subject of the
Land Lease together with all improvements now or hereafter located thereon, all
as more fully set forth in that certain Leasehold Mortgage (which term is
defined in Section 1 below) which has been approved by the Bureau of Indian
Affairs;
WHEREAS, the Tribe and the Authority desire to amend the Land Lease
for the purpose of providing that the Leasehold Mortgage is a Permitted
Mortgage, and that the Mortgagee referred to in the Leasehold Mortgage is a
Permitted Mortgagee, within the meaning of the Land Lease;
NOW, THEREFORE, in consideration of the foregoing and the agreements
of the parties hereinafter set forth, the parties hereto hereby agree as
follows:
1. The Land Lease is hereby amended by deleting Section 6(i) thereof
and by inserting in lieu thereof the following:
"(i) that certain Open-End Construction - Permanent Leasehold Mortgage
Deed, Assignment of Leases and Rents and Security Agreement (the "Leasehold
Mortgage") of even date herewith between the Authority, as Mortgagor, and Bank
of America National Trust and Savings Association, as Administrative Agent under
that certain Loan Agreement dated as of March 3, 1999 among Mortgagor, the
Mohegan Tribe of Indians of Connecticut, the Lenders,
Documentation Agent and Syndication Agent referred to therein, as Mortgagee,
securing the Obligations, as defined in the Leasehold Mortgage, or"
2. The Authority and the Tribe acknowledge and agree that the Land
Lease, as amended pursuant to this Amendment, is in full force and effect.
3. This Amendment, the parties' obligations hereunder, and any
disputes hereunder shall be governed by and interpreted and construed in
accordance with federal law (to the extent applicable) and the laws of the Tribe
and, to the extent required to supplement applicable federal law and tribal law,
the substantive laws of the State of Connecticut (excepting its choice of law
rules).
IN WITNESS WHEREOF, this Amendment has been executed as of the date
first above written.
WITNESSES: MOHEGAN TRIBE OF INDIANS
OF CONNECTICUT
By:/s/ Xxxxxx X. Xxxxxx
__________________________________ -----------------------------
Xxxxxx X. Xxxxxx
Chairman, Tribal Council
__________________________________
MOHEGAN TRIBAL GAMING
AUTHORITY
By:/s/ Xxxxxx X. Xxxxxx
__________________________________ --------------------
Xxxxxx X. Xxxxxx
Chairman, Management Board
__________________________________
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STATE OF )
) ss.
COUNTY OF )
On March ____, 1999, __________, personally appeared before me, signer
and sealer of the foregoing instrument, who acknowledged that he or she executed
the instrument as the ________________ of the MOHEGAN TRIBE OF INDIANS OF
CONNECTICUT, afederally recognized Indian tribe, as his/her free act and deed
and the free act and deed of the Tribe.
_______________________________
Notary Public
My Commission expires:_________
STATE OF )
) ss.
COUNTY OF )
On March ___, 1999, __________, personally appeared before me, signer
and sealer of the foregoing instrument, who acknowledged that he or she executed
the instrument as the ________________ of the MOHEGAN TRIBAL GAMING AUTHORITY,
as his/her free act and deed and the free act and deed of the Authority.
_______________________________
Notary Public
My Commission expires:_________
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Attachment to Amendment to Land Lease
SECTION 81 COMPLIANCE
In compliance with Section 81 of Title 25 U.S.C.A., the residence and occupation
of the parties is as follows:
Party in Interest: Mohegan Tribe of Indians of Connecticut
Address: X.X. Xxx 000
00 Xxxxx Xxxxxx Xxxx
Xxxxxxxxxx, XX 00000
Occupation: Indian Tribe
Party in Interest: Mohegan Tribal Gaming Authority
Address: 0 Xxxxxxx Xxx Xxxxxxxxx
Xxxxxxxxxx, XX 00000
Occupation: Tribal Gaming Authority
Fixed limited time to run: 25 years, with option to renew for 25
years (pursuant to Section 3 of the Land
Lease referred to in the attached
document)
The Chairman of the Tribal Council of the Mohegan Tribe of Indians of
Connecticut ("Tribe") is authorized to execute the attached document by
Resolution No. 99-05 of the Tribal Council of the Tribe, dated February 18,
1999. The Chairman exercises his authority in this instance because the Tribal
Council has determined that execution of the attached document will further the
economic development objectives of the Tribe.
The Chairman of the Management Board of the Mohegan Tribal Gaming Authority
("Management Board") is authorized to execute the attached document by
Resolution No. 99-07 of the Management Board, dated February 18, 1999. The
Chairman of the Management Board exercises his authority in this instance
because the Management Board has determined that execution of the attached
document will further the economic development objectives of the Mohegan Tribal
Gaming Authority and the Tribe.
The document was executed on or about 9:00 a.m. on March 3, 1999, at
Uncasville, Connecticut, for the particular purpose set forth above.
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The undersigned parties agree that the foregoing agreement is in compliance with
25 U.S.C. (S)(S) 81 and 415 and 25 C.F.R. (S) 162.
WITNESS: Mohegan Tribe of Indians of Connecticut
_____________________________ By: /s/ Xxxxxx X. Xxxxxx
--------------------------------------
Xxxxxx X. Xxxxxx
Title: Chairman, Tribal Counsel
Mohegan Tribal Gaming Authority
_____________________________ By: /s/ Xxxxxx X. Xxxxxx
--------------------------------------
Xxxxxx X. Xxxxxx
Title: Chairman, Management Board
Approved Pursuant to U.S.C. (S)(S) 81 and
415 and 25 C.F.R. (S) 000
Xxxxxx Xxxxxx Department of Interior
Bureau of Indian Affairs:
Date: March 3, 1999 By: /s/ Xxxxxxxx Xxxx
-------------------------------------
Xxxxxxxx Xxxx
Eastern Area Director
Eastern Area Office
Bureau of Indian Affairs
for the Secretary of the Interior
and the Commissioner of Indian
Affairs, acting under delegated
authority
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STATE OF )
) ss.
COUNTY OF )
On ______________, 1999, personally appeared before me, __________ a Notary
Public in and for said County and State, ____________, personally known to me to
be the person whose name is subscribed to the above instrument, who acknowledged
that he or she executed the instrument as the Area Director of the Eastern Area
Office of the Bureau of Indian Affairs, for the Secretary of the Interior and
the Commissioner of Indian Affairs, acting under delegated authority.
_________________________________
Notary Public
My Commission expires:___________
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