EX-10 4 adminser.txt EXHIBIT 10.35 AMEND TO THE AMIN SERV AGREEMENT Exhibit 10.35 AMENDMENT to the ADMINISTRATIVE SERVICES AGREEMENT THIS AMENDMENT NO. 5 dated as of November 15, 2002 to the ADMINISTRATIVE SERVICES AGREEMENT ("Agreement") dated as of March 1, 2000 (such agreement as amended is referred to herein as the "Agreement") between Leucadia Financial Corporation, a Utah corporation ("Leucadia"), HomeFed Corporation, a Delaware corporation ("HomeFed"), HomeFed Resources Corporation, a California corporation ("HomeFed Resources") and HomeFed Communities, Inc., a California corporation ("HomeFed Communities"). The following new paragraph shall replace in its entirety paragraph 4 of the Agreement: "4. Term and Termination. The term of this Agreement shall continue until December 31, 2003, unless extended in writing by mutual agreement of the parties. HomeFed shall have the right to terminate this Agreement, without restriction or penalty, upon 30 days prior written notice to the other party. In all events, the provisions of Section 7. "Indemnification" shall survive the termination of this Agreement, whether as a result of the passage of time or the election of HomeFed or otherwise." In all other respects, the Agreement shall remain unchanged. [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, this Agreement has been executed as of the date first hereinabove written. LEUCADIA FINANCIAL CORPORATION Address: 529 East South Temple Salt Lake City, UT 84102 By: /s/ Joseph A. Orlando ----------------------- Name: Joseph A. Orlando Title: Vice President HOMEFED CORPORATION Address: 1903 Wright Place, Suite 220 Carlsbad, CA 92008 By: /s/ Paul J. Borden ------------------------ Name: Paul J. Borden Title: President HOMEFED RESOURCES CORPORATION Address: 1903 Wright Place, Suite 220 Carlsbad, CA 92008 By: /s/ Paul J. Borden ------------------------ Name: Paul J. Borden Title: President HOMEFED COMMUNITIES, INC. Address: 1903 Wright Place, Suite 220 Carlsbad, CA 92008 By: /s/ Paul J. Borden ------------------------ Name: Paul J. Borden Title: President