EX-10 22 la304328.txt EX-10.10 AMENDMENT NO. 1 Exhibit 10.10 AMENDMENT NO. 1 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Paragraph 2.2 of the Agreement, dated July 26, 2002 between The Chukchansi Economic Development Authority and Walton Construction Company, Inc. for Chukchansi Gold Resort & Casino (the "Agreement"), the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for the Work as set forth below: ARTICLE I GUARANTEED MAXIMUM PRICE The Construction Manager's Guaranteed Maximum Price for the Work, including the estimated Cost of the Work as defined in Article 6 and the Construction Manager's Fee as defined in Article 5, is SEVENTY ONE MILLION DOLLARS ($71,000,000). This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Schedules A through F, as follows: Schedule A Drawings, Specifications, addenda and General, Supplementary and other Conditions of the Contract on which the Guaranteed Maximum Price is based, pages through , dated July 26, 2002 Schedule B Allowance items---NONE Schedule C Assumptions and clarifications made in preparing the Guaranteed Maximum Price, pages through , dated July 26, 2002 Schedule D See Exhibit D to Agreement Schedule E Alternate prices--NONE Schedule F Unit prices--NONE ARTICLE II CONTRACT TIME The date of Substantial Completion established by this Amendment is: June 25, 2003 The date of Final Completion established by the Amendment is: July 31, 2003 OWNER: CHUKCHANSI ECONOMIC DEVELOPMENT AUTHORITY By: /s/ Dixie Jackson --------------------------- Name: Dixie Jackson Its: Chairperson Date: 8/20/02 CONSTRUCTION MANAGER: WALTON CONSTRUCTION COMPANY, INC. By: /s/ Barry J. Owens --------------------------- Name: Barry J. Owens Its: Senior Vice President Date: July 27, 2002