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HomeMy WebLinkAbout2019-08-12 19-367 Order 08/12/201919-367 08/12/2019 19-367 Legal Order 026-058 Title, Order Authorizing Execution of Second Amendment to Second Amended and Restated Indenture of Final Lease between the City of Bangor and GLP Capital, LP. This Order will authorize the execution of a Second Amendment to Second Amended and Restated Indenture of Final Lease between the City of Bangor and GLP Capital, LP. The amendment will provide the following: GLP Capital, LP shall no longer be required to have a minimum number of slot machines on the property; GLP Capital, LP shall pay to the City an amount that will equal the amount due personal property taxes as though there were 1,000 slot machines on the property; GLP Capital, LP shall pay to the City 3% of net table game revenue; GLP Capital, LP shall pay the City the difference between the 2% currently paid and 3% retroactive to March 2014. The City of Bangor and GLP Capital, LP are parties to a lease, as amended, for the operation of a casino in Bangor. The lease requires that the parties negotiate a percentage of table games revenue payable to the City. During the negotiations GLP Capital, LP has been paying the City 2% of net table game revenue as required by state law. The lease also requires that GLP Capital, LP shall have 1,000 slot machines at the casino. The City receives property tax revenue for the slot machines and reduction in the number of machines would result in a reduction of personal property tax revenue. GLP Capital, LP has determined that the number of machines required by the lease are more than the number required to meet the needs of its patrons and wishes to delete the requirement from the lease while not impacting the City's personal property tax revenue and, therefore, the amendment will provide that there will be a payment equal to the amount of personal property tax that would have been paid had the machines been at the property. Recommend for passage New Business 08/12/201919-367 CITY OF BANGOR ORDER 08/12/2019 19-367 Tremble Authorizing Execution of Second Amendment to Second Amended and Restated Indenture of Final Lease between the City of Bangor and GLP Capital, LP. WHEREAS, the City of Bangor and GLP Capital, LP are parties to a lease, as amended, for the operation of a casino in Bangor; and WHEREAS, the lease provides that the parties shall negotiate a percentage of table games revenue payable to the City and during the negotiations GLP Capital, LP has been paying the City 2% of net table game revenue as required by state law; and WHEREAS, the lease provides that GLP Capital, LP shall have 1,000 slot machines at the casino; and WHEREAS, the City receives property tax revenue for the slot machines and reduction in the number of machines would result in a reduction of personal property tax revenue; and WHEREAS, GLP Capital, LP has determined that the number of machines required by the lease are more than the number required to meet the needs of its patrons and wish to delete the requirement from the lease while not impacting the City's personal property tax revenue. Be it Ordered by the City Council of the City of Bangor that, Catherine M. Conlow, City Manager, is hereby authorized on behalf of the City of Bangor to execute a Second Amendment to Second Amended and Restated Indenture of Final Lease with GLP Capital, LP. Said Amendment provides that GLP Capital, LP shall not be required to have a minimum number of slot machines on the property; that GLP Capital, LP shall pay to the City an amount that will equal the amount due personal property taxes for the number of slot machines less than 1,000 at the property; that GLP Capital, LP shall pay to the City 3% of net table game revenue; that GLP Capital, LP shall pay the City the difference between the 2% currently paid and 3% retroactive to March 2014. Said Amendment shall be in substantially the same form as attached hereto and in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL SEPTEMBER 9,2019 CO 19-367 MOTION MADE AND SECONDED FOR PASSAGE PASSED CITY LERK