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Exhibit 10.26
AGREEMENT FOR GUARANTEE MAXIMUM PRICE
CONSTRUCTION SERVICES
CHANGE ORDER
12 August 2002
| Project: Le Rêve |
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Change in Order No.: 1 |
"Contractor":
MARNELL CORRAO ASSOCIATES, INC.
4495 South Polaris Avenue
Las Vegas, Nevada 89103 |
|
"Owner":
WYNN LAS VEGAS, LLC
3145 Las Vegas Boulevard So.
Las Vegas, Nevada 89109 |
That
certain Agreement for Guaranteed Maximum Price Construction Services between Owner and Contractor for Le Rêve dated as
of June 4, 2002 ("Contract") is hereby modified as follows:
- 1.
- SCOPE OF WORK
- (i)
- Description. Revise guestroom audio/visual systems to incorporate the use of plasma televisions in lieu
of traditional CRT/armoire units as depicted by Preliminary Design Drawings issued by Butler Ashworth dated 8/8/02.
- (ii)
- Increase/Decrease to Guaranteed Maximum Price. Total allowance per revised guestroom plans issued
8/8/02, $779,000.00.
- F.
- Lanai Program Revisions
- (i)
- Description. Reduce the Lanai Corridor width from 12' wide to 8' and modify plan to create a net footage
reduction as specified by Owner. Incorporate a direct connection to VIP Pool Deck and add one guest elevator for a total of two (2).
- (ii)
- Increase/Decrease to Guaranteed Maximum Price. Total decrease per Program Area revisions and revised
Master Plans, both dated 7/19/02 ($347,470.00).
- G.
- Villa Program Revisions
- (i)
- Description. Modify Villa program to reflect the incorporation of dining rooms, pantries and the
addition of a residential type elevator, one (1) each, in the two four bedroom Villas as specified by Owner.
- (ii)
- Increase/Decrease to Guaranteed Maximum Price. Total increase per Program Area revisions and revised
Master Plans, both dated 7/19/02 $116,287.00.
- H.
- Lowrise Building Area RevisionCasino Level
- (i)
- Description. Modify program areas to reflect square footage as provided in revised Master Plans and
Program Area revisions, both dated 7/19/02. Revise retail store lease mix and adjust Tenant fit-out allowances to reflect current lease arrangements as provided by Owner to Contractor.
- (ii)
- Increase/Decrease to Guaranteed Maximum Price. Total decrease per Program Area revisions and revised
Master Plans, both dated 7/19/02 ($1,518,360.00).
- I.
- Lowrise Building Area RevisionMezzanine Level
- (i)
- Description. Modify program areas to reflect square footage as provided in revised Master Plans and
Program Area revisions, both dated 7/19/02. Incorporate room reservations and PBX into Mezzanine level from Spa level as specified by Owner.
- (ii)
- Increase/Decrease to Guaranteed Maximum Price. Total increase per Program Area revisions and revised
Master Plans, both dated 7/19/02 $1,021,426.00.
- J.
- Lowrise Building Area RevisionSea Level
- (i)
- Description. Modify program areas to reflect square footage as provided in revised Master Plans and
Program Area revisions, both dated 7/19/02. Add property Executive Offices and increase mechanical room footage as specified by Owner. Relocate Arcade from Casino Level.
- (ii)
- Increase/Decrease to Guaranteed Maximum Price. Total increase per Program Area revisions and revised
Master Plans, both dated 7/19/02 $2,853,419.00.
- K.
- Lowrise Building Area RevisionBasement
- (i)
- Description. Modify program areas to reflect square footage as provided in revised Master Plans and
Program Area revisions, both dated 7/19/02. Consolidate finance and accounting functions on basement level and increase footage as specified by Owner.
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- L.
- Lowrise Building Area RevisionParking/Pool Level
- (i)
- Description. Modify program areas to reflect square footage as provided in revised Master Plans and
Program Area revisions, both dated 7/19/02.
- (ii)
- Increase/Decrease to Guaranteed Maximum Price. Total increase per Program Area revisions
and revised Master Plans, both dated 7/19/02 $179,015.00.
- M.
- Exterior FeatureLake
- (i)
- Description. Reduce open water area on Lake Feature per revised Master Plans dated 7/19/02.
New plan creates distinct venues as opposed to one large lake feature.
- (ii)
- Increase/Decrease to Guaranteed Maximum Price. Total decrease per Program Area revisions
and revised Master Plans, both dated 7/19/02 ($776,336.00).
- N.
- Exterior FeaturesGeneral
- (i)
- Description. Reduce north bus/shuttle plaza and entry canopy, and increase exterior exit
stairs, as specified by Owner.
- (ii)
- Increase/Decrease to Guaranteed Maximum Price. Total decrease per Program Area revisions
and revised Master Plans, both dated 7/19/02 ($3,985.00).
- O.
- Exterior FeaturesMain Pool
- (i)
- Description. Reduce cabana count at main pool area and add pool bar as specified by Owner.
- (ii)
- Increase/Decrease to Guaranteed Maximum Price. Total decrease per Program Area revisions
and Master Plans, both dated 7/19/02 ($104,566.00).
- P.
- Exterior FeaturesBasement Level
- (i)
- Description. Modify exterior patio footage per 7/19/02 master plan and eliminate Steakhouse moving patio allowance
of $500,000.00
- (ii)
- Increase/Decrease to Guaranteed Maximum Price. Total decrease per Program Area revisions
and revised Master Plans, both dated 7/19//02 ($1,285,859.00).
- Q.
- Exterior FeaturesCasino Level
- (i)
- Description. Modify exterior patio footage per 7/19/02 revised Master Plans. Add lakeside
viewing balconies at retail promenade, channel and registration lobby as specified by Owner. Add 12 cabana structures at VIP pool deck.
- (ii)
- Increase/Decrease to Guaranteed Maximum Price. Total increase per Program Area revisions
and revised Master Plans, both dated 7/19/02 $1,093,068.00.
- R.
- Site ImprovementsValet
- (i)
- Description. Modify valet circulation ramps and add direct access to Ferrari service area
as specified by Owner.
- (ii)
- Increase/Decrease to Guaranteed Maximum Price. Total increase per Program Area revisions
and revised Master Plans, both dated 7/19/02 $119,700.00.
3
Total Scope of Work Change Order No. 1 amount $17,458,573
- 2.
- INCREASE TO GUARANTEED MAXIMUM PRICE.
The
Guaranteed Maximum Price set forth in Section 3.1 of the Contract is by this Change Order hereby increased from $901,883,710.00 to
$919,342,283.00, based on the Changes described in Paragraph 1 above. The detailed breakdown of the foregoing increase is contained in the Revised Contractors Work and Guaranteed Maximum Price
Breakdown labeled as Revised Exhibit F and dated 12 August 2002, and attached to this Change Order. Accordingly, the original Guaranteed Maximum
Price Breakdown attached as Exhibit F to the Contract is hereby deleted and substituted therefore is the Revised Contractors Work and Guaranteed Maximum
Price Breakdown attached hereto. From and after the date of this Change Order, all references in the Contract Documents to the "Guaranteed Maximum Price Breakdown" attached as Exhibit F to the Contract,
shall mean and refer to the Revised Contractors Work and Guaranteed Maximum Price Breakdown attached hereto as Revised Exhibit F. From and after the date of this Change Order, any and all references in
the Contract Documents to the "Guaranteed Maximum Price"
shall mean the amount of $919,342,283.00.
- 3.
- PROJECT SCHEDULE
The
original Project Schedule attached as Exhibit B to the Contract is hereby deleted and substituted therefore is the Revised Project Schedule dated
August 12, 2002 and attached to this Change Order and labeled Revised Exhibit B. From and after the date of this Change Order, all references in the
Contract Documents to the term "Project Schedule," shall mean and refer to the Revised Project Schedule dated August 12, 2002 and attached hereto as Revised Exhibit
B. The Contract Time of 910 calendar days from Date of Commencement, and the Guaranteed Date of Substantial Completion, as defined in Section
4.1 of the Contract, remain unchanged by this Change Order.
4
All
initial capitalized terms used in this Change Order shall have the meaning ascribed to them in the Contract, unless otherwise defined herein. This Change Order is effective as of
August 12, 2002.
| OWNER: |
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CONTRACTOR: |
WYNN LAS VEGAS, LLC
a Nevada limited liability company, |
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MARNELL CORRAO ASSOCIATES, INC.
a Nevada corporation |
By: |
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Wynn Resorts Holdings, LLC,
a Nevada limited liability company,
its sole member |
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By: |
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/s/ Perry Elman Name: Perry Ellman
Its: President |
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By: |
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Valvino Lamore, LLC,
a Nevada limited liability company,
its sole member |
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By: |
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/s/ Stephen A. Wynn Name: Stephen A. Wynn
Its: Managing Member |
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ARCHITECT: |
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BUTLER ASHWORTH ARCHITECTS, LLC |
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By: |
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/s/ Glen Ashworth Name: Glen Ashworth
Its: Vice President and Secretary |
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AGREEMENT FOR GUARANTEE MAXIMUM PRICE CONSTRUCTION SERVICES CHANGE ORDER 12 August 2002