shinnecock nation gaming authority timeline 2001-2012

47 SNGA Gaming Update November, 2011

TIMELINE

Contract Negotiations, Project Progress & State Gaming Timeline

DATE DOCUMENT DESCRIPTION

2001-10-29 Passage of Ch. 383 of laws of2001 in NY Legislature

Authorizing use of video lottery terminals(“VLT”) at Aqueduct

2003-04-17 New York Racing Association selectsMGM-Mirage to operate its VLT’s at Aq-ueduct

2003-04-29 Appointment of the ShinnecockNation Casino at WestwoodsBoard of Directors

Tribe confirms appointment of Boardmembers

2003-05-01 Development/Management Agree-ment between the Shinnecock Na-tion Casino at Westwoods Authori-ty and Ivy Ong and Ong Enter-prise, LLC

Contract to develop, construct, managecasino

2003-05-19 First Amendment to Development/Management Agreement betweenAuthority and Ong

acknowledging ongoing discussions re:appropriate gaming sites and grantingOng development rights to first gamingsite wherever located

2003-05-19 Shinnecock Indian Nation Eco-nomic Development Policy; Reso-lutions creating Shinnecock NationCasino at Westwoods Authority &Shinnecock Indian Nation GamingCommission; Enabling Agreementbetween Shinnecock Indian Nationand Ong

Resolutions creating Gaming Com-mission (to regulate gaming) & Au-thority (to plan, design, operate casinoat Westwoods)

Enabling Agmt to allow the Authorityto enter into a Development Agmt,Mgt Agmt, and Loan and SecurityAgmts with Developer (Ong)

2004-01-31 Addendum [amending]Shinnecock Gaming AuthorityResolution, Gaming EnablingAgreement, Casino at WestwoodsAuthority Resolution, WestwoodDMA

Powers of Authority expanded andname changed to Shinnecock NationGaming Authority

Scope of gaming explicitly expandedbeyond Westwoods site

Waiver of immunity/remedy forbreach

2004-03-19 Assignment and Assumption ofDevelopment/Management Agree-ment and Enabling Agreementfrom Ong to Gateway

Enter Gateway

SNGA Gaming Update November, 2011 48

2004-03-19 First Amendment to Addendumand Development/Managementand Enabling Agreements

Amendment to Contract increasing oper-ating expenses from $40k/quarter to$1,603,278 over 18 mos. (not to exceed$91k/month)

2004-03-19 Contingency Escrow Agreement Establishing escrow acct funded with$500k to reimburse Nation for fundswithheld for projects historically fund-ed by state or fed govt

Limited waiver of sovereign immunity2004-03-19 Consulting Agreement Between

Nation, Authority, and GatewayAgmt for Gateway to be selected as con-sultant to perform or assist in performingtasks related to design, development,and construction of casino(s)

2004-03-19 MOU Between JEM Star Enter-prises, LLC (“JSE”), Cyrus Keeferand Gateway

Acquiring rights of JSE and assigningcertain payments and obligations to JSE

2004-09-08 Letter Agreement signed by M.Malik and F. Bess re consent andwaiver as to timing of certain tasks

Agmt to postpone advancement of pro-ject funds and recommendation of an ar-chitect together with additional taskspending site selection

2004-12-18 Resolution Trustees Trustees directed to conclude to finality,federal acknowledgement, land claim,gaming rights, approvals and global set-tlement if necessary

2005-06-15 Guaranty Agreement [Shinnecock/Gateway]

Agmt of Gateway to fund land claim liti-gation; Gateway places $500,000 intoescrow account.

2005-06-21 Letter from M. Malik to Authorityconfirming waiver of right to en-force Para. 2.2 of DMA

Agmt to waive right (for 2 wk period) tonegotiate a new sum to be paid for ad-ministrative purposes

2005-07-05 Letter from M. Malik to Authorityconfirming waiver of right to en-force Para. 2.2 of DMA


2005-07-17Letter from M. Malick to Authorityconfirming waiver of right to en-force Para. 2.2 of DMA


2005-07-25 Letter from M. Malick to Authorityconfirming waiver of right to en-force Para. 2.2 of DMA

Agmt to waive right (for 10 day period) tonegotiate a new sum to be paid for ad-ministrative purposes

2005-07-25 Travel Policy between Authorityand Gateway

Dictates what percentage of Gateway’stravel cost will be calculated as reimburs-able development cost

2005-08-05 Letter from M. Malick to Authorityconfirming waiver of right to en-force Para. 2.2 of DMA

Agmt to waive right (for 6 mos.) to negoti-ate a new sum to be paid for administra-tive purposes

2005-11-01 Second Amendment to Addendumand Development/ManagementAgreement and Enabling Agree-ments

Agmt for Gateway to provide $1,020,000over 12 mos. ($85k/mo) for operating ex-penses of the Nation and Authority


2006-08-09 Amendment to DMA Agmt for Gateway to reimburse fundsto Federal Recognition Account andpay funds necessary to obtain federalrecognition up to $2.5 million with co-approval and mutual agreement forexpense of funds or any amountsover $2.5 million.

Provides Gateway with right of firstrefusal for mgt agmt

2007-03-28 Letter agreement signed by M.Malik, K. Hunter, J. Williams & B.Hamp re budget matters

Agmt to continue payments as providedfor in the Nov. 1, 2005 Second Amend-ment provided that parties meet 6 mos.into period to revisit level of payments

2007-11-25 Amended Guaranty Agmt Providing for return of $500k contingencyescrow to M. Malik in exchange for hisagreement to commit to pay costs of landclaim litigation.

2007 MGM-Mirage abandons Aqueduct project

2008-10-10 Governor Paterson selects DelawareNorth to run Aqueduct

2009-03-11 Delaware North officially deselected asthe VLT operator for Aqueduct pursuantto its inability to make agreed-to, upfrontpayment

2010 Draft Shinnecock Indian Nation/State of New York Gaming Com-pact

Draft gaming compact submitted to Stateby Trustees

2010-01-29 Aqueduct Entertainment Group selectedto run Aqueduct. Deselected in March 9,2010.

2010-05 Agreement between Nation andGateway to increase monthly pay-ments from $85,000 to $130,000.

Gateway makes increase in monthly pay-ments from $85,000 to $130,000 backingdate increase to April 2010.

2010-07-26 Letter from J. Peebles to L. Bol-drey re: Gateway contract pro-posed revisions

Sets forth proposed terms for new con-tract.

2010-08-03 Genting New York selected to run Aque-duct

2010-09-20 Letter from J. Hanselman to J.Peebles re: response to proposedcontract revisions

Responds to July 26, 2010 letter; rejectsalmost all terms proposed in July 26,2011 letter.

2011 Jan.—March

Bills introduced into NY State legislatureto amend NY State constitution to allowcasino gaming.

2011-03-17 Letter from J. Peebles to J. Han-selman re: Gateway contract ne-gotiations

Responds to Dykema September 20,2011 letter from J. Hanselman; requestsrevisiting the terms set forth in the July26, 2010 letter sent by J. Peebles to L.Boldrey. The letter makes 3 points;


1) size and scope of proposed project, 2)non-obligated advances of developmentcosts should be increased in recognitionof new size and scope of project; and 3)requests that Dykema specifically re-spond to seven areas. (See March 17,2011 letter.)

2011-03-25 Letter from J. Hanselman to J.Peebles re: response to proposedcontract revisions

Response to March 17, 2011 letter fromJ. Peebles; sets forth Gateway’s positionthat purpose of updating agreements wasto fill-in gaps where the scope of the pro-ject was not reflected in original agree-ments or where terms where provisionsneeded to meet IGRA requirements.Sets out position in 9 areas, again reject-ing provisions of July 26, 2010 letter.

2011-05-16 Terms sheet from J. Hanselmanto J. Peebles/D. Houck re: DMAbet SNGA and Gateway

Outstanding issues: Term Percentage management fee Number of facilities Buy out provision Ancillary businesses Monthly payments Non-gaming land/Southampton Col-

lege2011-05-20 Terms sheet from Nation to Gate-

waySame as above

2011-05-24 Continued exchange of term sheetprovisions between parties

Same as above

2011-06-04 Continued exchange of term sheetbetween parties

Same as above

2011-06-10 Same as above Same as above

2011-06-16 Term sheet signed by Nation rep-resentatives

Term sheet signed includes: 1) increasemonthly administrative payments to Na-tion from $130,000 to $250,000; 2)agreement to assist Nation in pursuit ofacquiring Southampton College site (first$500,000 gift/not project cost); 3) Gate-way agrees to write off interest paymentson development cost from 2003- Oct, 1,2010; decrease of management fee from


35% to 28%; 4) contract covers 3 facilitieswith timeframes for start of construction;5) address completion guarantee(Gateway to provide 5% above 10% setaside from financing required by WallStreet and 5% of project cost); 6) Gate-way to provide gap financing of 10% oftotal project cost upon specific conditionsthat allow Gateway wide discretion inwhether it provides gap financing.

2011-07-01 FPM forwards proposed agree-ments to Dykema.

Documents forwarded to L. Boldrey andJ. Hanselman from T. Kincaid: Development Agreement Land Acquisition Agreement Developer Security Agreement Shinnecock Management Agreement Developer Creditor Agreement Shinnecock Non-Interference Agree-

mentJuly [Need Date] Tribal Meeting to present provi-

sions of term sheet.J. Peebles, J. Lamb, and D. Houck attendTribal meeting. Issues raised by Coali-tion for Answers members; mainly dia-logue among Nation.

2011 July/ August[Need Date]

Tribal Meeting Motion placed on floor to bring provisionsof term sheet back to Nation before moveforward with Gateway contract.

2011-08-16 Community Meeting Educate Nation regarding contract nego-tiations; how we got here; what termsheet provisions are; what risks are go-ing forward.

2011-Sept./Oct. *Hearings before the New York StateSenate on the future of gaming in NewYork.

2011-10 Aqueduct racino opened

2011-12 Belmont / Nassau County Negotia-tions:• Community support• Negotiate with State regardingland transaction

Suffolk County Negotiations: Finalize site location and begin nego-

tiations with land owner. Meet and have substantially identified

key issues that will be required forCounty Agreement/Municipal ServicesAgreement (MSA) and mitigation.


???? Nation State Compact Negotiations: By this date meet with Governor’s Of-

fice to review draft proposed compactand identify outstanding issues for ne-gotiation; confirm site locations anddemonstrate local support.

Belmont / Nassau County Negotia-tions:• Community support• Negotiate with State regardingland transaction

Suffolk County Negotiations: Finalize site location and begin nego-

tiations with land owner. Meet and have substantially identified

key issues that will be required forCounty Agreement/Municipal ServicesAgreement (MSA) and mitigation.

Nation State Compact Negotiations: PR campaign, work closely with local

governments, union, communitygroups to build and demonstratestrong support for project in Suffolksite and Belmont.

Mandatory Acquisition Legislation: PR campaign, work closely with local

governments, union, communitygroups to build and demonstratestrong support for project in Suffolksite and Belmont.


On going Nation State Compact Negotiations: Meet with key State elected officials to

discuss proposed project, site loca-tions, and demonstrate communitysupport.

Have technical issues for compact(appendices) resolved.

Mandatory Acquisition Legislation: Meet with Federal elected officials;

Schumer and Gillibrand; NassauCounty and Suffolk County Congres-sional delegation. Demonstrate localsupport for Project.

Meet with key Federal and State elect-ed officials needed to support Manda-tory Acquisition legislation. Preparewhite papers and testimony for com-mittees.

Meet with key elected officials, com-mittee chairs, key DOI officials, andpresent testimony at committee hear-ings; lobby- lobby- lobby.

2011-2012 Dec.—Jan.

Suffolk County Negotiations: Finalize strategy for non-gaming lands

and work with County to develop andfinalize plan that identifies sites and/orspecific geographic areas for Nationacquisition of Non-gaming lands.

2012 Jan. – Apr. Suffolk County Negotiations: Finalize land transaction agreement

with land owner. Finalize any Agreement or MSA with

County. Finalize strategy for non-gaming lands

and work with County to develop andfinalize plan that identifies sites and/orspecific geographic areas for Nationacquisition of Non-gaming lands.

2012-02 Nation State Compact Negotiations: Finalize Compact terms with gover-

nor’s office.2012-03 Nation State Compact Negotiations:

Introduce Compact to State legislaturefor approval.

Nation State Compact Negotiations: Compact approved by State legisla-

ture and signed by Governor.


Mandatory Acquisition Legislation: Proposed Mandatory Acquisition legis-

lation presented to federal officials.

2012 Spring andWinter

Mandatory Acquisition Legislation: Finalize Mandatory Acquisition legisla-

tion for introduction to Congress. Introduce Mandatory Acquisition legis-

lation to Congress.