exv10w18xby



 






Exhibit
10.18(b)




SECOND AMENDMENT TO LEASE AGREEMENT




     THIS
SECOND AMENDMENT TO EVANSVILLE RIVERBOAT LANDING LEASE (“Second Amendment”) is made on
August
27th, 2003, and effective as of December 1, 2001, by and among the City of Evansville, Indiana
acting by and through the Redevelopment Commission of the City of Evansville, Indiana, organized
and operating under IC 36-7-14 (“Commission”), Aztar Indiana Gaming Company, LLC, a limited
liability company, organized and existing under the laws of the State of Indiana (“Aztar Indiana”),
and Aztar Corporation, a corporation organized and existing under the laws of the State of Delaware
(“Guarantor”).



RECITALS




     A. The Commission, Aztar Indiana and Guarantor are the parties in interest to that certain
Evansville Riverboat Landing Lease dated May 2, 1995 (the “Original Lease”), as amended by an
Amendment to Lease Agreement effective December 1, 2001 (the “First Amendment,” and collectively
with the Original Lease, the “Lease”).



     B. Section 2(a)(i) of the First Amendment contemplates that in the event the Stadium Project
does not proceed as the sole General Development Project, the parties shall agree in good faith on
additional General Development Projects and the funding thereof, and Aztar is willing to confirm
guaranteed funding commitments for additional General Development Projects, as set forth herein.



     NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged,
the Commission, Aztar Indiana and the Guarantor agree to amend the Lease as follows. Capitalized
terms not otherwise defined herein shall have the meaning ascribed thereto in the Lease.



     1. Additional General Development Projects. Notwithstanding whether sufficient Excess
Percentage Rent has accrued, Aztar Indiana shall make available, in exchange for Credits,
$10,000,000 of aggregate minimum funding for General Development Projects. Such payment obligation
shall be absolute, and amounts paid shall not be subject to refund if insufficient Excess
Percentage Rent ultimately accrues, but any excess Credits shall apply to reduce the balance
allocated for Aztar Development Projects. Such funds shall be disbursed to the Commission upon
request to pay or reimburse itself for Eligible Costs of General Development Project(s) that are
due and owing or have been paid.



     2. Confirmation.
The Lease, to the extent not inconsistent with the terms hereof, is
hereby confirmed.



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     IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute
this Second Amendment as of the day and year first above written.



	 	 	 	 	 	 	 	 	 	 	 
	AZTAR INDIANA GAMING	 	 	 	AZTAR CORPORATION	 	 
	COMPANY, LLC	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By: 

Printed:

	 	/s/ James L. Brown
 

James L. Brown
	 	 
	 	By:

Printed:
	 	/s/ Robert M. Haddock
 

Robert M. Haddock
	 	 
	Title:

	 	Pres./GM
	 	 	 	Title:
	 	President & CFO	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	REDEVELOPMENT COMMISSION OF THE	 	 	 	 	 	 	 	 
	CITY OF EVANSVILLE, INDIANA	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
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