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Exhibit 10.74  


 
 

FOURTH AMENDMENT TO THE
  AMENDED AND RESTATED DEVELOPMENT AGREEMENT
  BY AND AMONG
  THE CITY OF DETROIT, THE ECONOMIC DEVELOPMENT CORPORATION
  OF THE CITY OF DETROIT AND
  DETROIT ENTERTAINMENT, L.L.C.

  


        THIS FOURTH AMENDMENT (the "Fourth Amendment") to that certain Amended and Restated Development Agreement, dated as of April 9, 1998, as amended by the
First Amendment dated June 25,1998, Second Amendment dated December, 1999, and by the Third Amendment dated November 30, 2000, by and among the City of Detroit (the "City"), The Economic
Development Corporation of the City of Detroit ("EDC") and Detroit Entertainment, L.L.C., a Michigan limited liability company ("Developer") for the City of Detroit Waterfront Reclamation and Casino
Development Project (the "Development Agreement") is made on this    day of November, 2001 by and among the City, EDC and the Developer. 


        WHEREAS, the City, EDC and Developer have previously entered into the Development Agreement; and 


        WHEREAS, it is the desire of the parties to enter into this Fourth Amendment to amend certain provisions of the Development Agreement. 


        NOW, THEREFORE, in consideration of the foregoing premises and the covenants herein contained, the parties agree as follows: 



	1.
	All
capitalized terms not otherwise defined herein shall have the same, meaning as set forth in the Development Agreement.



	2.
	Section 2.4(d) of the Development Agreement is hereby amended by deleting the reference to "December 31, 2001 "in such
section and substituting in its place "March 31, 2002."



	3.
	Except
as amended by this Fourth Amendment, the Development Agreement is reaffirmed in all respects and shall remain in full force and effect.



	4.
	This
Fourth Amendment shall become effective on the date (the "Amendment Effective Date") on which all of the following have been accomplished: this Fourth Amendment has been executed
by all parties hereto and the City Council has duly approved the last of the following: (i) this Fourth Amendment; and (ii) a fourth amendment to the amended and restated development
agreements of each of the Other Land-Based Casino Developers containing substantially the same terms and conditions as set forth in this Fourth Amendment.



	5.
	This
Fourth Amendment may be executed in counterparts, each of which shall be deemed to be an original document and together shall constitute one instrument. 











        IN
WITNESS WHEREOF, the parties hereto have set their hands and had their seals affixed on the dates set forth after their respective signatures. 



	 	 	CITY OF DETROIT, a municipal corporation
	

 	
 	

By:	
 	

DENNIS ARCHER

	 	 	Its:	 	Mayor

	

 	
 	

THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF DETROIT, a Michigan public body corporate
	

 	
 	

By:	
 	

ART PAPAPANOS

	 	 	Its:	 	Authorized Agent

	

 	
 	

By:	
 	

C. BETH DUNCOMBE

	 	 	Its:	 	Authorized Agent

	

 	
 	

DETROIT ENTERTAINMENT, L.L.C. a Michigan limited liability company
	

 	
 	

By:	
 	

Circus Circus Michigan, Inc. a Michigan corporation, one of its members
	

 	
 	

 	
 	

By:	
 	

GLENN SCHAEFFER

	 	 	 	 	Its:	 	President

	

 	
 	

By:	
 	

Atwater Casino Group, LLC, a Michigan limited liability company, one of its members
	

 	
 	

 	
 	

By:	
 	

Atwater Management Corporation, a Delaware corporation, its manager
	

 	
 	

 	
 	

 	
 	

By:	
 	

VIVIAN CARPENTER

	 	 	 	 	 	 	Its:	 	Vice President












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FOURTH AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DETROIT, THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF DETROIT AND DETROIT ENTERTAINMENT, L.L.C.