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HomeMy WebLinkAbout2013-10-28 13-355 ORDERCOUNCIL ACTION Item No. 13-355 Date: October 28, 2013 Item/Subject: ORDER, Authorizing Execution of Second Amended and Restated Indenture of Lease - Bangor Historic Track, Inc. Responsible Department: Legal Commentary: This Order, if approved, will authorize the execution of a Second Amended and Restated Indenture of Lease between the City and Bangor Historic Track, Inc. The City and Bangor Historic Track, Inc. (BHT) are parties to a 2006 lease wherein BHT leases real estate from the City to operate a gaming and harness racing facility. BHTs parent company, Penn National Gaming, Inc. (PNG) has approached the City for a technical amendment to the lease. The reason is that PNG is separating its real estate holdings from its gaming operations in connection with the creation of a Real Estate Investment Trust (REIT). The effect of this is that Penn essentially becomes two publicly traded companies, a gaming company and a real estate company. In order to do this the lease between the City and BHT would need to be amended because it does not make any distinction between the rights and obligations of a gaming entity and those of a real estate entity as currently BHT is essentially both. If approved, the amendment to the lease will not place the City in a lesser position than now and will not result in any change in the day to day operations of the facility. However, there are provisions under the current lease that are of interest to both parties to negotiate. Under the terms of the 2006 lease, PNG is required to negotiate table game revenues to be paid to the City, which is currently a statutory 2%. Further, PNG wishes to decrease the number of table games at the facility from 1,000 to 900. The proposed amended lease provides that these two issues (the percentage of net table game and the total number of slot machines) will be negotiated by the parties by July 1, 2014. This item was reviewed in executive session on October 21, 2013. Department Head Manager's Comments: Cid Vh - ( & Q) City Manager Associated Information: Council Resolve Budget Approval: Legal Approval: Introduced for _ Passage- Consent First Reading Referral to Government Operations Committee Page _of_ Finance Director City Solicitor 13-355 OCTOBER 28, 2013 B4 �N� s, _ Assigned to Councilor Nealley r �1 { CITY OF BANGOR (TITLE.) ORDER, Authorizing Execution of Second Amended and Restated Indenture of Lease - Bangor Historic Track, Inc. WHEREAS, the City and Bangor Historic Track, Inc. are parties to an Indenture of Lease dated June 24, 2006 for the operation of a gaming and harness racing facility; and WHEREAS, the parent company of Bangor Historic Track, Inc., Penn National Gaming, Inc., is contemplating a transaction which will separate its owned and leased real estate from its operating assets (Separation Transaction); and WHEREAS, as part of the Separation Transaction Bangor Historic Track, Inc. will merge into the newly formed Bangor Historic Track, LLC and assign the lease to GLP Capital LP, the real estate company; and WHEREAS, Bangor Historic Track, LLC will continue to operate the gaming and harness racing operations; and WHEREAS, an amendment to the 2006 Indenture of Lease between the City of Bangor and Bangor Historic Track, Inc. is necessary to accomplish this matter. By Me Oty Council of the Oty of Bangor. ORDERED, That Catherine M. Conlow, City Manager is hereby authorized to execute a Second Amendment and Restated Indenture of Lease between the City of Bangor and Bangor Historic Track, Inc. Said lease shall be substantially the same for as attached hereto and in a final form as approved by the City Solicitor of Assistant City Solicitor. IN CITY COUNCIL October 28, 2013 Motion made and seconded for Passage Pas d CITY &ERK