ASSIGNMENT OF AGREEMENT GRANTING MOORAGE AND OTHER RIGHTS
10.14(a)
ASSIGNMENT OF
AGREEMENT GRANTING MOORAGE AND OTHER RIGHTS
AGREEMENT GRANTING MOORAGE AND OTHER RIGHTS
THIS ASSIGNMENT OF AGREEMENT GRANTING MOORAGE AND OTHER RIGHTS (the “Assignment”) is made effective as of the 14th day of March, 2002, by and
between GREENVILLE CASINO PARTNERS, L.P., a Mississippi limited partnership, whose address is X.X.
Xxx 0000, Xxxxxxxxxx, XX 00000-0000 (“Assignor”), and JMBS CASINO LLC, a Mississippi limited
liability company, whose address is 0000 Xxxxxxxxxx Xxxxx, Xxxxxxxx, XX 00000 (“Assignee”) as
follows:
WITNESSETH:
WHEREAS, The City of Greenville, Mississippi, a municipality (the “City”) entered into an
Agreement Granting Moorage and other Rights with Casino Gaming International, Limited, a
Mississippi corporation (“Las Vegas Casino”) dated August 30, 1996 (the “Agreement”), pertaining
to property more fully described on Exhibit A attached hereto and incorporated herein; and
WHEREAS, Las Vegas Casino assigned its rights under the Agreement to Assignor by virtue of an
Assignment dated December 13, 2001, recorded in Book 2222, Page 072, of the Washington County,
Mississippi Records; and
WHEREAS, Assignor and Assignee are parties to an Asset Purchase Agreement dated January 26,
2002 (the “Purchase Agreement”), and pursuant to the Purchase Agreement, the Assignor is required
to assign all of its rights under the Agreement to Assignee.
NOW, THEREFORE, for good and valuable consideration paid, the receipt and sufficiency of
which are hereby acknowledged, Assignor and Assignee hereby agree as follows:
1. Assignor does hereby assign and convey to Assignee all of Assignor’s right, title and
interest in, to and under the Agreement.
2. Assignee hereby accepts said Assignment and assumes all of the benefits and agrees to
perform all of the obligations of Assignor under the Agreement.
3. Assignee in accepting said Assignment acknowledges that it is familiar with the terms,
provisions and conditions of the Agreement and agrees to fully perform and abide by all of the
terms, provisions and conditions of Assignor thereunder, all in accordance with the terms hereof
and the terms of the Asset Purchase Agreement between Assignor and Assignee dated January 26, 2002.
IN WITNESS WHEREOF, the parties have executed this Assignment as of the dates set forth below
in their respective acknowledgments, with this Assignment to be effective March 14, 2002.
WITNESSES: |
||||||||
(As to Assignor) | ASSIGNOR: |
|||||||
GREENVILLE CASINO PARTNERS, L.P., | ||||||||
a Mississippi limited partnership | ||||||||
/s/ Illegible
|
By: | /s/ X X XXXXXXXX | ||||||
Printed Name: Illegible | Name: X. X. XXXXXXXX | |||||||
Title: CEO | ||||||||
/s/ Illegible |
||||||||
Printed Name: Illegible | ||||||||
(As to Assignee) | ASSIGNEE: | |||||||
JMBS CASINO LLC | ||||||||
a Mississippi limited liability company | ||||||||
/s/ Illegible
|
By: | /s/ Xxxxxx X. Xxxx | ||||||
Printed Name: Illegible | Xxxxxx X. Xxxx, Manager | |||||||
/s/ Illegible |
||||||||
Printed Name: Illegible |
STATE OF MISSISSIPPI
|
) | |||||
) | SS: | |||||
COUNTY OF WASHINGTON
|
) |
The foregoing instrument was acknowledged before me this 14TH day of March, 2002, by X. X.
XXXXXXXX, the CEO of GREENVILLE CASINO PARTNERS, L.P., a Mississippi limited partnership, on behalf of the
partnership, the Assignee in the foregoing Assignment.
/s/ Illegible | ||||
Notary Public | ||||
STATE OF MISSISSIPPI
|
) | |||||
) | SS: | |||||
COUNTY OF WASHINGTON
|
) |
The foregoing instrument was acknowledged before me this 14TH day of March, 2002, by Xxxxxx
X. Xxxx, the Manager of JMBS CASINO LLC, a Mississippi limited liability company, on behalf of the
company as Assignor in the foregoing Assignment.
/s/ Illegible | ||||
Notary Public | ||||
This instrument prepared by:
Xxxx X. Xxxxxxxx, Esq.
Katz, Teller, Xxxxx & Xxxx
2400 Chemed Center
000 Xxxx Xxxxx Xxxxxx
Xxxxxxxxxx, Xxxx 00000-0000
(000)000-0000
Xxxx X. Xxxxxxxx, Esq.
Katz, Teller, Xxxxx & Xxxx
2400 Chemed Center
000 Xxxx Xxxxx Xxxxxx
Xxxxxxxxxx, Xxxx 00000-0000
(000)000-0000
KTBH: 514210.2
Exhibit “A”
PARCEL 7.
(Moorage Rights)
Parcel 7.1 (Formerly The Marina, Inc. Leasehold)
Commencing at the Southeast corner of Block 8, Bachelor Bend Addition as the same appears of
record in Deed Book “T”, Page 169, of the land records of Washington County, Mississippi,
which corner is also the Northwest corner of Walnut and Central Street intersection; thence
along the North right-of-way line of Central Street Extended, North 55°30’ West 481.47 feet
to brass cap near water’s edge; thence North 34°30’ East 187.70 feet to a brass cap which is
the North end of property herein leased and is also being the point of beginning; thence
South 34°30’ West 350.0 feet to a brass cap which is the South end of frontage herein
leased; being part of Blocks 6 and 7 of the Bachelor Bend Addition to the City of Greenville
and the right-of-way of Central Avenue, as shown on the plat of the Bachelor Bend Addition
of record in said Deed Book “T”, at Page 169, and being located in Section 6 of Township 18
North, Range 8 West, in the City of Greenville, Washington County, Mississippi.
Parcel 7.2 (Formerly Casino Gaming International, Limited Leasehold)
Moorage rights upon a strip 65 feet in length, and extending East or West (as the case may
be from time to time) to the East water’s edge of Lake Xxxxxxxx as it rises and falls (and
extending eastward thereof as far as reasonably necessary for the safe moorage of
and vessel (s) as described in this Agreement), and fronting on the Greenville City
wharf, North of the 350.0 foot strip leased in that certain Lease Agreement dated June 29,
1988, between The City Council of Greenville, Mississippi, and The Marina, Inc., which
strip has the following legal description, to-wit:
Commencing at the Southeast corner of Block 8, Bachelor Bend Addition as the same
appears of record in Deed Book “T”, Page 169, of the land records of Washington
County, Mississippi, which corner is also the Northwest corner of Walnut and
Central Street intersection; thence along the North right-of-way line of Central
Street Extended, North 55°30’ West 481.47 feet to brass cap near water’s edge;
thence North 34°30’ East 187.70 feet to a brass cap which is the North end of
property herein leased and is also being the point of beginning; thence South
34°30’ West 350.0 feet to a brass cap which is the South end of frontage herein
leased; being part of Blocks 6 and 7 of the Bachelor Bend Addition to the City of
Greenville and the right-of-way of Central Avenue, as shown on the plat of the
Bachelor Bend Addition of record in said Deed Book “T”, at Page 169, and being
located in Section 6 of Township 18 North, Range 8 West, in the City of Greenville,
Washington County, Mississippi.
Indexing Instructions:
Xxxxxxx 0, Xxxxxxxx 00 Xxxxx, Xxxxx 0 Xxxx; Xxxxx 0, 0, 0, Xxxxxxxx Xxxx Addition to the City of
Greenville, Washington County, MS.