EXHIBIT 10.10.1
AMENDMENT TO LEASE AGREEMENT
THIS AMENDMENT to lease agreement entered into on the 24th day of July,
1954, by and between LAS VEGAS LODGE NO. 32, FREE & ACCEPTED MASONS of Las
Vegas, Nevada, hereinafter, designated as the Lessor, and H. XXXX XXXXXXX of Los
Angeles, California, hereinafter designated as the Lessee.
W I T N E S S E T H :-
REFERRING TO PARAGRAPH II
Lessor represents that each of the present occupants and Lessees of the
premises is on a month to month basis and that they will be duly given the
legally required 60 days' notice to vacate the premises. Lessor shall deliver
possession of said premises to Lessee no later than October 1, XXX
That Lessee shall be under no obligation to pay any consideration for the
use and occupancy of said premises during said period from October 1954 and
until the formal term of this lease begins as herein provided.
The purpose of this provision is to afford Lessee an opportunity to comply
with the provisions of Paragraph III of this lease.
REFERRING TO PARAGRAPH III
As to sub-division (a)
In the event that the completion of the new building is prevented by
reason of things beyond the control of Lessee and through no failure or fault on
the part of Lessee, such as strikes, governmental restrictions etc., then the
completion date of said building shall be deemed extended by such time as said
condition exists. However, nothing herein contained shall relieve the Lessee of
his obligation to pay the rent specified herein.
Although a 90 day date for the commencement of the wrecking is fixed, time
shall not be considered of the essence.
As to sub-division (b)
EXHIBIT "C" PAGE 18
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Notwithstanding anything to the contrary herein contained, it is agreed
that the general contractor to be selected by Lessee shall be approved by the
Lessor and that the contract given for the demolition of the present structures
as well as the construction of the new building shall be approved by the Lessor.
That said contract shall be guaranteed by the delivery by Lessee to Lessor of a
standard form of lien and complete bond as provided in said lease. Although said
bond will guarantee the completion of the building and the payment of all bills
in connection therewith, it will not necessarily guarantee the date of
completion.
REFERRING TO PARAGRAPH IV
As to sub-division (c)
Except insofar as the payment of rent is concerned, the default period
shall be 30 days instead of 10 days.
REFERRING TO PARAGRAPH VI
As to sub-division (a)
The notice to be given Lessee therein shall be 30 days instead of 10 days.
As to sub-division (c)
Any award made in condemnation wherein the improvement made by Lessee are
made a part of the consideration for the award of damages same shall be shared
by Lessor and Lessee on the following basis: The full cost of the improvements
shall be amortized over a 50 year period and whatever the remaining period shall
be at the time of the condemnation its proportionate share shall go to the
Lessee. In other words, for this purpose only, the landlord becomes the owner of
the improvements at the rate of 2% per year and entitled to receive any award to
damages based upon the number of years expired.
In the event that the Lessor shall decide to sell said premises, the right
of first refusal shall be given to Lessee who
Exhibit "C" page 19
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shall have 30 days within which to accept the same.
In the event of a sale of the premises by Lessor, any
restrictions regarding the use of said premises shall be deemed
terminated and from that point forward said premises may be used for
any lawful purpose.
IN WITNESS WHEREOF, Lessor, acting by and through its duly
authorized trustees and Lessee, have executed this AMENDMENT TO LEASE
AGREEMENT in duplicate, each copy of which is deemed to be and is an
original, the day and year in this AMENDMENT TO LEASE AGREEMENT first
above written.
LAS VEGAS LODGE NO. 32, FREE & ACCEPTED
MASONS, of Las Vegas, Nevada, Lessor
By /s/ X.X. Xxxx Trustee
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By /s/ W.E. Xxxxxxxxxx, Sr. Trustee
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By /s/ Xxxxxxx X. Xxxxx Trustee
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H. XXXX XXXXXXX, of Los Angeles,
California, Lessee
By /s/ H. Xxxx Xxxxxxx
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EXHIBIT "C" PAGE 20
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STATE OF NEVADA )
) SS
COUNTY OF XXXXX )
On this 24th day of July, A.D., 1954, personally appeared before
me, a Notary Public in and for Xxxxx County, XXXXXXX X. XXXXX, known
to me to be one of the Trustees of the LAS VEGAS LODGE NO. 32, FREE &
ACCEPTED MASONS, of Las Vegas, Xxxxx County, Nevada, the corporation
that executed the foregoing AMENDMENT TO LEASE AGREEMENT as Party of
the First Part and Lessor, and upon oath did depose that he is one of
the trustees of said corporation as above designated; that he is
acquainted with the seal of said corporation, and that the seal
affixed to said instrument is the corporate seal of said corporation;
that the signatures to said instrument were made by Trustees of said
corporation as indicated after said signatures; and that the said
corporation executed the said instrument freely and voluntarily and
for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
notarial seal in Las Vegas, Xxxxx County, Nevada, the day and year in
this certificate first above written.
/s/ L.O. Xxxxxxx
--------------------------
Notary Public As Aforesaid
My Commission Expires: Jan. 4, 1955
(NOTARIAL SEAL)
STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES )
On this 26 day of July, 1954, personally appeared before me, a
Notary Public in and for Los Angeles County, State of California, H.
XXXX XXXXXXX, known to me to be the Lessee who executed the foregoing
AMENDMENT TO LEASE AGREEMENT, and upon oath did depose and duly
acknowledge to me that he executed the above instrument freely and
voluntarily and for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal in Los Angeles, California, the day and year in this
certificate first above written.
/s/ Xxxxx X. XXXXX
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Notary Public in and for
said County and State
My Commission Expires: May 11, 1957
(NOTARIAL SEAL)
DOCUMENT #16356 RECORDED CERTIFIED TO BE A TRUE AND
JULY 27, 1954 3:16PM CORRECT COPY OF THE ORIGINAL
NEVADA SOUTHERN TITLE, INC.
BY /s/ XXX
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EXHIBIT "C" PAGE 21
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Power of Attorney
Know All Men by These Presents: That H. XXXX XXXXXXX
the undersigned (jointly and severally, if more than one) hereby make,
constitute and appoint XX XXXXXXXX (as per signed rider attached) my
true and lawful Attorney for me and is my name, place and xxxxx and
for my use and benefit:
(a) To ask, demand, xxx for, recover, collect and receive each
and every sum of money, debt, account, legacy, bequest, interest,
dividend, annuity and demand (which now is or hereafter shall become
due, owing or payable) belonging to or claimed by me and to use and
take any lawful means for the recovery thereof by legal process or
otherwise, and to execute and deliver a satisfaction or release
therefor, together with the right and power to compromise or compound
any claim or demand;
(b) To exercise any or all of the following powers as to real
property, any interest therein and/or any building thereon; To
contract for, purchase, receive and take possession thereof and of
evidence of title thereto; to lease the same for any terms or purpose
including leases for business, residence, and oil and/or mineral
development; to sell, exchange, grant or convey the same with or
without warranty; and to mortgage, transfer is true, or otherwise
encumber or hypothecate the same to secure payment of a negotiable or
non-negotiable note or performance of any obligation or agreement;
(c) To exercise any or all of the following powers as to all
kinds of personal property and goods, wares and merchandise, choses in
action and other property in possession or in action; To contract for,
buy, sell, exchange, transfer and in any legal manner deal in and with
the same; and to mortgage, transfer in trust, or otherwise encumber or
hypothecate the same to secure payment of a negotiable or
non-negotiable note or performance of any obligation or agreement;
(d) To borrow money and to execute and deliver negotiable or
non-negotiable notes therefor with or without security; and to loan
money and receive negotiable or non-negotiable notes therefor with
such security as he shall deem proper;
(e) To create, amend, supplement and terminate any trust and to
instruct and advise the trustee of any trust wherein I am or may be
trustor or beneficiary; to represent and vote stock, exercise stock
rights, accept and deal with any dividend, distribution or bonus, join
in any corporate financing, reorganization, merger, liquidation,
consolidation or other action and the extension, compromise,
conversion, adjustment, enforcement or foreclosure singly or in
conjunction with others of any corporate stock, bond, note, debenture
or other security; to compound, compromise, adjust, settle and satisfy
any obligation, secured or unsecured, owing by or to me and to give or
accept say property and/or money whether or not equal to or less in
value than the amount owing in payment, settlement or satisfactions
thereof;
(f) To transact business of any kind or class and as my act and
deed to sign, execute, acknowledge and deliver say deed, lease,
assignment of lease, covenant, indenture, indemnity, agreement,
mortgage, deed of trust, assignment of mortgage or of the beneficial
interest under deed of trust, extension or renewal of any obligations,
subordination or waiver of priority, hypothecation, bottomry,
charter-party, xxxx of lading, xxxx of sale, xxxx, bond, note, whether
negotiable or non-negotiable, receipt, evidence of debt, full or
partial release or satisfaction of mortgage, judgement and other debt,
request for partial or full reconveyance of deed of trust and such
other instruments in writing of any kind or class as may be necessary
or proper in the premises.
EXHIBIT "C" PAGE 22
Giving and Granting unto my said Attorney full power and authority to
do and perform all and every act and thing whatsoever requisite,
necessary or appropriate to be done in and about the premises as fully
to all intents and purposes as I might or could do if personally
present, hereby ratifying all that my said Attorney shall lawfully do
or cause to be done by virtue of these presents. The powers and
authority hereby conferred upon my said Attorney shall be applicable
to all real and personal property or interests therein now owned or
hereafter acquired by me and wherever situate.
My said Attorney is empowered hereby to determine in his sole
discretion the time when, purpose for and manner in which any power
herein conferred upon his shall be exercised, and the conditions,
provisions and covenants of any instrument or document which may be
executed by him pursuant hereto; and in the acquisition or disposition
of real or personal property, my said Attorney shall have exclusive
power to fix the terms thereof for cash, credit and/or property, and
if on credit with or without security.
The undersigned, if a married woman, hereby further authorizes
and empowers my said Attorney, as my duly authorized agent, to join in
my behalf, in the execution of any instrument by which any community
real property or any interest therein, now owned or hereafter acquired
by my spouse and myself, or either of us, is sold, leased, encumbered,
or conveyed:
When the context so requires, the masculine gender includes the
feminine and/or neuter, and the singular number includes the plural.
See rider attached.
Witness my hand this 26th day of July, 1954
------ ------
/s/ H. XXXX XXXXXXX
------------------
H. Xxxx Xxxxxxx
STATE OF CALIFORNIA )
COUNTY OF ) SS:
)
LOS ANGELES
On, July 26, 1954
before me, the undersigned A Notary Public in
and for said County and State, personally appeared
H. XXXX XXXXXXX
NOTARIAL SEAL
known to me to be the person whose name is
subscribed to the within instrument and acknowledged
that he executed the same. No. 16357
RECORDED AT THE REQUEST OF
WITNESS my hand and official seal Xxxxxxx and Xxxxxx
Jul 27 3:27pm '54
(SEAL AFFIXED) XXXXX X XXXXX OFFICIAL RECORDS BOOK NO. 17
Notary Public Xxxxx County, Nevada
EXHIBIT "C" PAGE 23
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The powers hereinabove enumerated shall apply only to acts performed
in connection with the property hereinafter legally described as:
Lots One (1), Two (2), Three (3) and Four (4) in Block Thirty
(30), Xxxxx'x Las Vegas Townsite, as recorded in Book 1 of Plats
on page 37 in the Office of the County Recorder for Xxxxx County,
Nevada; to which record reference is hereby made for a more
detailed description of the said lots.
/s/ H. XXXX XXXXXXX
CERTIFIED TO BE A TRUE AND
CORRECT COPY OF THE ORIGINAL
NEVADA SOUTHERN TITLE, INC.
BY /s/ XXX
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EXHIBIT "C" PAGE 24
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