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Second Amendment To Berth Rental Agreement

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Exhibit 10.32

SECOND AMENDMENT TO BERTH RENTAL AGREEMENT

THIS SECOND AMENDMENT TO BERTH RENTAL AGREEMENT is executed this 13th day of August, 1996, by and between BILOXI PORT COMMISSION (" Commission" ) and RIVERBOAT CORPORATION OF MISSISSIPPI (" Riverboat" );

W I T N E S S E T H :

WHEREAS, Coastal Cruise Lines, Inc. (" Coastal" ) and Commission executed a Berth Rental Agreement dated July 6, 1990 (the " Berth Rental Agreement" ); and

WHEREAS, with the consent of the Commission, Coastal assigned all its right, interest in, to and under the Berth Rental Agreement to Riverboat by assignment dated May 12, 1992; and WHEREAS, the Berth Rental Agreement was amended and restated pursuant to the terms of the Amendment and Restatement of Berth Rental Agreement dated May 12, 1992 (the " Amendment and Restatement of Berth Rental Agreement" ); and

WHEREAS, Riverboat has since changed the location of its vessel and the parties desire to execute this agreement for the purpose of substituting the new legal description showing the location of the vessel. NOW, THEREFORE, the parties agree as follows:

1. Section 1 of the Amendment and Restatement of Berth Rental Agreement is hereby amended to read as follows:


" 1.

Berth Rental Agreement. Commission hereby leases to Riverboat and Riverboat hereby leases from Commission, for berth space, all the areas, including the bulkhead, located within Port Cadet Marina, Biloxi, Mississippi on the property described as follows:

Commence at the point of intersection of the South margin of US Highway 90 Service Drive with the West line of Lot 4, Block 5, Summerville Addition to the City of Biloxi, Harrison County, Mississippi, if said West line were extended South; thence run South 0 degrees 20' 05" East, along said extended West line of Lot 4, for a distance of 700.06 feet to a point; thence run South 89 degrees 39' 55" West, for a distance of 57.23 feet to the POINT OF BEGINNING, said point being on the face of an existing concrete seawall; thence run along the face of said seawall the following bearings and distances, to wit; South 46 degrees 39' 41" East, 48.30 feet and South 0 degrees 12' 02" East, 157.10 feet to a point; thence run South 88 degrees 27' 59" West, for a distance of 201.76 feet to a

point on the face of an existing concrete seawall; thence run along the face of said seawall the following bearings and distances, to wit; North 0 degrees 02' 42" West, 381.60 feet; South 87 degrees 59' 48" East, 8.08 feet; North 01 degree 43' 44" West, 14.93 feet; North 44 degrees 25' 23" East, 18.43 feet; North 89 degrees 30' 00" East, 27.46 feet; South 44 degrees 33' 46" East, 18.49 feet; South 0 degrees 07' 32" West, 14.79 feet; North 89 degrees 36' 36" East, 43.68 feet; South 0 degrees 07' 36" East, 186.85 feet and North 89 degrees 31' 04" East, 61.30 feet to the POINT OF BEGINNING, containing 59,069 square feet, or 1.36 acres, approximately.

The berthing area shall be used by Riverboat to dock one or more of its vessels on which dockside gaming facilities, including entertainment and ancillary activities, may be operated as well as for any other lawful purposes." 2. All other provisions of the Amendment and Restatement of Berth Rental Agreement shall remain the same. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written.

WITNESSES:

BILOXI PORT COMMISSION

Larry Manuel

By:

/s/


Linda Lambert

Sherman Canaan, President

Attest:

/s/ Laddie Ween

Secretary


WITNESSES:

RIVERBOAT CORPORATION OF MISSISSIPPI,

a Mississippi corporation

By:

/s/ Allan B. Solomon

Allan B. Solomon

Executive Vice President


2

THIRD AMENDMENT TO BERTH RENTAL AGREEMENT THIS THIRD AMENDMENT TO BERTH RENTAL AGREEMENT is executed this 14 th day of December, 1999, by and between BILOXI PORT COMMISSION (" Commission" ) RIVERBOAT CORPORATION OF MISSISSIPPI (" Riverboat" ).

W I T N E S S E T H :

WHEREAS, Coastal Cruise Lines, Inc. (" Coastal" ) and Commission executed a Berth Rental Agreement dated July 6, 1990 (the " Berth Rental Agreement" ); and WHEREAS, with the consent of Commission, Coastal assigned all its right, interest in, to and under the Berth Rental Agreement to Riverboat by assignment dated May 12, 1991; and

WHEREAS, the Berth Rental Agreement was amended, and restated pursuant to the terms of the Amendment and Restatement of Berth Rental Agreement dated May 12, 1992 (the " Amendment and Restatement of Berth Rental Agreement" ); and WHEREAS, Riverboat changed the location of its vessel and the parties executed a Second; Amendment to Berth Rental Agreement for the purpose of substituting a new legal description showing the location of the vessel; and

WHEREAS, Riverboat has purchased a new vessel and needs to enlarge the area leased under the Berth Rental Agreement to include the areas shown on the plot plan attached hereto as Exhibit A and incorporated by reference herein; and WHEREAS, Riverboat desires to use the air rights above where the support column is to be constructed for the proposed podium in the area shown on the plot plan attached hereto as Exhibit A and incorporated by reference herein.

NOW, THEREFORE, in consideration of the agreements, representations, warranties and covenants in the Berth Rental Agreement, the parties agree as follows:

1. Modification of Legal Description . On and subject to the terms and conditions herein and under the terms and conditions of the Berth Rental Agreement, which are expressly incorporated herein as if set out in full, the parties agree that the property leased pursuant to the Berth Rental Agreement is fully and accurately des
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