HARTMAN YAN ETTI ATTORNEYS AT LAW IZS BALTIMORE STREET I7325 GARY E. HARTMAN BERNARD A. YANNETTI, JR. TELEPHONE my, 3344.05 FACSIMILE February 28, 2017 Freedom Township Supervisors 2184 Pumping Station Road Fairfield, PA 17320 RE: LeVan Real Estate Development, LP - Request for Zoning Change Dear Supervisors: As you are aware, I represent the legal interests of LeVan Real Estate DeveIOpment, LP and it is in that capacity that I write to you today. There are multiple purposes of this correspondence today. First, i am formally requesting to be placed on the agenda for the March 8,2017 meeting commencing at 8:00 pm. At that time, i will be prepared, along with others, to make a presentation to the Board regarding the proposed addition to your zoning amendment to make the necessary provision for a use not previously covered. Again, as previously requested, my client is requesting that a harness racing and gaming facility be a permitted use within the mixed use district. As you previously requested, I am providing additional information for you to look at in advance of the meeting. I have attached a memorandum, a redacted sales agreement and three articles, which you may find helpful in understanding the request, the process and how others have treated similar situations. If you have any questions or concerns, please let me know and I will try to handlethem expeditiously. A. Yannetti Cc: Linus Fenicle Mm? Dam MEMORANDUM Feb. 28, 2017 To: Honorable Supervisors, Freedom Township Per our February meeting, we are providing additional information on our project and the issues raised. We look forward to discussing this exciting project further with you at the March 8 meeting. Unprecedented Opportunities Mason-Dixon Downs will deliver unprecedented opportunities for Freedom Township, surrounding communities, Adams County, local businesses and, most importantly, residents through hundreds of jobs. Host communities have received tens of millions of dollars in gaming funds for important projects and enhancements. Within those communities, thousands of have benefited from full-time jobs with great benefits. Local businesses also have received millions of dollars for goods and services. Setting The location of the racetrack, viewing stand, casino and supporting facilities will be east of Emmitsburg Road, in the general vicinity of the former McNair residence. At this location, the track and most of the building will likely not even be visible from Emmitsburg Road, sitting significantly lower in elevation than the public road. As previously indicated, this site was strategically chosen to avoid and minimize impacts to wetlands, take advantage of grades on the site, and minimize exposure of the from the public road. Local Share Assessment (LSA) When gaming expansion was enacted in it contained provisions for a Local Share Assessment (LSA) to be levied upon casino slots gross terminal revenue (GTR) for the bene?t of the host municipality, as well as the host county. In 2016, the state Supreme Court struck down this portion of the law. State lawmakers in Harrisburg are working on a remedy. Two proposals appear at the forefront ofthe discussion. One would simply provide a host community, in this case Freedom Township, with a straight $10 million fee. The second would include a 5- percent fee of gross terminal revenue. We recognize the valuable role this host community would play as a partner with Mason-Dixon Downs and support legislative remedy. Absent a legal cure, Mason- Dixon Downs will voluntarily formalize an agreement with Freedom Township to ensure it receives the millions in annual gaming revenue it deserves. Looking across we now have ample evidence of how the LSA has tremendously bene?ted its host communities. East Hanover Township, which hosts Penn National, has received millions. According to The Harrisburg Patriot-News, there is no mortgage on the new Grantville Volunteer Fire Co. station. Four years of gaming grants paid it off. In Bethlehem, the local share accounts for abOut 12 percent of the city's annual budget, or the rough equivalent of 100 police officers, the mayor told The Morning Call of Allentown. Millions more have gone to repair local government buildings; purchase police vehicles; establish new parks; complete capital projects at numerous nonpro?t agencies; and even provide seed money for economic revitalization projects. Police and Security Despite the concerns of some when gaming was expanded in crime has not increased in host communities. At each property, casinos provide well- trained security personnel who work in tandem with well-funded and fully staffed state police contingent. There are 11 state troopers assigned to every casino in the commonwealth. Gaming also provides an opportunity for a host municipality to expand its law enforcement capabilities to make its entire community more safe, not just the area around a gaming facility. Local Economic Impact for Area Businesses, Residents Over the last three years, three existing harness racing tracks [Mohegan Sun, Meadows, Harrah?s] averaged spending $24 million annually for goods and services from local businesses, according the Gaming Control Board. Gaming has created not only thousands of direct full-time jobs with excellent benefits, but also thousands of indirect jobs. According to the Philadelphia Business Journal, the industry supported nearly 34,000 total jobs in 2014, 18,000 ofwhich were gaming employees. Potable Water Several wells were drilled in association with the Mason Dixon Country Club project in 1998. Wells MD 5 and MD 8 were pump-tested for 72 hours in 2004, and then again in 2010. Based on records that were provided to SDGI by the former developers? manager, there was consensus at PA DEP that these wells, while initially pump-tested at over 300gpm, would be approved for groundwater withdrawal of 140gpm. Therefore, the yield from one well would be just over 200,000 gallons per day. These wells were tested for water quality in 2004, and then again in 2010, as well. In both tests, the water was found to be suitable for use as a public water supply. A 125-foot wellhead protection radius will be established around each well, wherein no development or impervious areas are permitted. Because Mason-Dixon Downs will likely experience "peaks? in water demand, an elevated storage tank can be utilized to supply not only pressure to the distribution system, but storage for use during times of peak demand. The elevated tank can be designed to satisfy the need for ?re protection [sprinklers] in the building(s). Wastewater Treatment and Disposal Similar to the Mason Dixon Country Club proposal, sewage generated by the Mason-Dixon Downs facilities will be treated and the ef?uent sprayed on the ?elds of the acreage owned. This is also known as a "zero discharge" treatment system. A holding lagoon will likely need to be constructed to store treated ef?uent during adverse weather conditions when it cannot immediately be land applied. MDCC received sewage planning approval from the PA DEP for their proposed development and anticipated wastewater treatment system. They were working on water quality permitting that would have similarly used the treated ef?uent in the irrigation of the then-proposed golf course. In the case of Mason-Dixon Downs, it is anticipated that the existing, undisturbed agricultural ?elds will be used for spray irrigation of ef?uent. This type of treatment is environmentally friendly and assists in recharging the groundwater table while adding no nutrients directly to the stream. Cultural Resources Phase I and Phase ll Archeological Surveys were conducted on the property. The MDCC project was granted "clearance" by Historical Museum Commission (PHMC) to move forward with other approvals and construction. Mason-Dixon Downs will communicate with about the change of use of the property. Threatened and Endangered Species A threatened and endangered Species search, done in mid-December 2016, revealed the project may have a "conflict?.with the Giant Swallowtail [papiliocrestphontes], a butter?y. Again, this species was identi?ed when MDCC was pursuing their approvals; a habitat survey was done ofthe property; and the Department of Conservation and Natural Resources "cleared? the project to move forward. Wetlands and jurisdictional Streams A wetland study was previously conducted by Roemer Ecological Services Inc. in 2002. This was updated in 2007?2008. The US. Army Corps of Engineers determined that the Roemer boundaries were accurate and provided a jurisdictional determination cencurring with that accuracy. Similar to the threatened and endangered species, since virtually nothing has changed on the property, it is expected that the wetland boundaries will remain the same. There will be some minor impacts to streams and wetlands associated with this project. In the conceptual planning ofthe site layout, these impacts have been avoided or minimized to the fullest extent feasible. Wetland impacts will be kept under 1 acre in total cumulative size. A "joint Permit? [issued by PA DEP and US ACOE) will be required for these unavoidable impacts. Traf?c It is the project intent to keep as much destination traf?c on Emmitsburg Road (SR3005) as possible. The project?s main entrance will be aligned with Shorbs Mill Road which is the location of optimal sight distance along the property frontage. Only horsemen, support staff and jockeys will be directed to use Bullfrog Road (SR3005), thereby keeping traf?c to a minimum on Bullfrog. As part of the anticipated road improvements, approval will be sought to relocate the intersection of Bullfrog Road and Emmitsburg Road southward to provide greater separation distance between the Route 15 ramps and this local intersection. The portion of Bullfrog Road that will be realigned will be located totally on the development property, so no right?of?way acquisition is likely. The portion of Shorbs Mill Road at the intersection with Emmitsburg Road will be improved to address capacity needs. - The US Route 15 on and off ramps will be studied as part of the deveIOpment process. If the development of the project warrants improvements to these ramp intersections, they will be made part of the development plans and construction. It is important to emphasize the fact that we will do our best to minimize the introduction of traf?c onto township- and state-maintained roads beyond the property frontage. Electric, Other Utilities Metropolitan Edison Co. [Met-Ed] will service this project territory with electric power. Three phase power is not available along Emmitsburg Road; however, it is available along Bullfrog Road. Therefore, power will be brought into the site underground (to the maximum extent feasible] from Bullfrog Road. Fiber optic cable will be required. However, the end provider and method of access have yet to be determined. These facilities, regardless of the route to the site, will also be installed underground to the maximum extent feasible. Harness Racing State law mandates 150 racing days per year, which will provide the local community with an in?ux of economic development dollars that will be spent at Mason-Dixon Downs and surrounding area businesses. Unlike some racetracks, there will be no stable area for the permanent housing of horses. Horses will only be on site for race days, and manure is provided to mushroom growers in support of agricultural interests. The industry has strict regulations to maintain a healthy, clean environment for horses, employees and patrons. All jobs af?liated with racing will be available to local residents. Historical Tourism and Gaming Gaming and rich historical heritage already co-exist quite nicely. What Mason-Dixon Downs is proposing isn't new. in fact, in a commonwealth with such rich history, it?s somewhat common. There are casinos near Independence Hall, the Liberty Bell, Valley ?Forge National Park and Fort Necessity National Battle?eld. In every case, casinos are located closer to those historical sites than this project would be to National Military Park Casinos have promoted those historical sites on their websites and through marketing efforts to help drive increased visitation and interest in their areas. "1 . SON DIXON DOWNS rl SITE PLAN JANUARY 31. 2017 AGREEMENT OF SALE THIS AGREEMENT OF SALE (this ?Agreement?) is made and entered into this 21% day of October, 2016 (the ?Effective Date?), by and between MASON-DIXON COUNTRY CLUB, INC. a corporation, whose mailing address is 2501 South Front Street, Philadelphia, 19148; MASON-DIXON UTILITIES, INC. a corporation, whose mailing address is 2501 South Front Street, Philadelphia, 19148 (MDCC and MDU individually and collectively referred to as and LEVAN REAL ESTATE DEVELOPMENT, LP or its assigns, a Limited Partnership, whose mailing address is 1094 Baltimore Pike, 17325. MDCC, MDU, and LEVAN are each individually referred to as a ?Party? and collectively as the ?Parties.? BACKGROUND WHEREAS, Mason-Dixon owns certain real estate located in Freedom Township, Adams County, as described in Exhibit which is attached hereto, along with certain easements as may exist at time of settlement, all of which were acquired in contemplation of the development of a golf-community, mixed-use development known as the ?Mason-Dixon Country Club? project (the Project?); and WHEREAS, Mason-Dixon Utilities, Inc. is the owner of certain property located in Freedom Township, Adams County, more particularly described in a Deed recorded in the Of?ce of the Recorder of Deeds for Adams County, in Record Book 4693 at page 229, a copy of which is attached hereto and marked ?Exhibit and incorporated herein; and WHEREAS, the properties described in Exhibits and constitute the prOperties that are to be conveyed as part of this transaction, and hereinafter shall be referred to collectively as the ?Property?; and {00316051,v1} WHEREAS, Mason?Dixon has applied for and obtained certain governmental approvals for the MDCC Project, and those governmental approvals that remain in effect at the time of settlement and that are assignable and transferrable will be assigned and/or transferred to LEVAN at time of settlement (collectively, the ?Governmental Approvals?); and WHEREAS, LEVAN has expressed interest in acquiring the Property for purposes of development; and WHEREAS, Mason-Dixon desires to sell to LEVAN the Property, along with the Governmental Approvals, together with all of Mason-Dixon?s interest in the Property. LEVAN desires to purchase Property from Mason-Dixon, pursuant to the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual promises and undertakings which are more speci?cally hereinafter set forth, the parties hereto, intending to be legally bound, hereby agree as follows: 1. Recitals: The recitals written hereinabove are incorporated into this Agreement. 2. Sale and Purchase. Subject to the terms and conditions hereinafter set forth, I Mason-Dixon agrees to sell and convey the Property to LEVAN and LEVAN agrees to purchase the Property from Mason-Dixon at Closing (as hereinafter de?ned). In addition to the Property that is being conveyed as outlined in Exhibit A and'Exhibit herein, the transfer shall also include the Governmental Approvals. It is understood that Mason-Dixon?s only responsibility is to agree to cooperate at expense in attempting to transfer the Governmental Approvals in so much as Mason-Dixon is zoned for a golf community and not a harness racing track. it is also acknowledged by both parties that Department of Environmental Protection permits may not be transferrable. As noted above, only those approvals that are in effect at the time of settlement and which are transferrable or assignable will be transferred or assigned to LEVAN. {00316051 ;v1} PAGES 3, 4 and 5 SPECIFICALLY OMITTEDAND REDACTED All real estate taxes shall be prorated as of the date of settlement. Transfer taxes shall be split equally between the parties with LEVAN paying 1% and Mason- Dixon paying Title. Title to the Property shall be: good and marketable and free and clear of all monetary liens, and subject only to such nonmonetary encumbrances restrictions and easements as are shown on any title commitment. (ii) insured as aforesaid pursuant to the standard ALTA Owner?s Title Insurance Policy Form at regular stande rates by a reputable title insurance company authorized to do business in as chosen by LEVAN. If title to the Property cannot be conveyed to LEVAN at the time of Closing in accordance with the requirements of this Agreement, LEVAN shall have the option: {00316051;v1} of waiving the unful?lled condition an taking such title as Mason? Dixon can cause to be conveyed, without abatement of the Purchase Price (except that any existing lien or monetary encumbrance on the Property that can be removed by the payment of money shall be paid and discharged by the Mason- Dixon from the Purchase Price), whereupon the parties shall consummate the transactions herein contemplated and the provisions relating to the condition of title shall be deemed waived by or (ii) of terminating this Agreement by written notice to Mason-Dixon whereupon this Agreement shall be deemed terminated as of the date of such notice and neither Mason-Dixon nor LEVAN shall be further obligated to the other. Mason-Dixon shall not grant any easements or otherwise encumber title to the Property during the term of this Agreement absent the consent of LEVAN, which shall not be unreasonably withheld. All monetary encumbrances on the Property (including, without limitation, mortgages, deeds of trust, UCC ?nancing statements, tax liens, municipal liens, mechanics? liens and other liens securing or representing a monetary obligation) shall be discharged by Mason-Dixon at closing from the Purchase Price or otherwise at Mason- Dixon?s sole expense. 5. Possession. 'On the Closing Date (as de?ned below), Mason-Dixon shall deliver the Property free and clear of all tenancies of every kind and free of any parties in possession. 6. Closing. Closing shall be within six (6) months from the end of the initial nine (9) month' due diligence period. 7. Mason?Dixon?s Warranties and Representations. Mason-Dixon warrants and represents to LEVAN at the time of the execution of this Agreement, as follows: Mason-Dixon has all requisite power and authority to execute and deliver this Agreement and to perform its respective obligations hereunder and further has full power and authority to own the Property and conduct its business in the manner presently conducted. The execution, delivery and performance of this Agreement have been duly authorized by all requisite action of- Mason?Dixon?s Board of Directors and will not violate any provision of law or any judgment, order or regulation of any Court or of Mason-Dixon?s Shareholder Agreement, if any, By-laws or other governing documents {00316051;v1} of Mason-Dixon or any public or governmental agency or authority, and will not con?ict with or result in a breach of any of the terms, conditions, or provisions of or constitute default under or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of Mason-Dixon pursuant to the terms of any agreement, indenture, or instrument to which it is a party or by which it or its Property are bound. This Agreement has been duly executed and delivered by Mason-Dixon and constitutes legal, valid, and binding obligations of Mason-Dixon enforceable in accordance with its terms. Mason-Dixon has no actual knowledge of any violation, nor has Mason- Dixon received any notice or other record of any violation of any zoning, subdivision, environmental, building, or other statute, ordinance, regulation, restrictive covenant, or other restriction applicable to the Property. Mason-Dixon has good and marketable, fee simple title to the Property, free and clear of any and all liens and encumbrances against the Property except for matters of record or visible on the Property. Mason-Dixon further warrants and represents that it will not encumber the Property during the term hereof. It is hereby stipulated between the parties that the Sewage and Reclaimed Water Facilities Framework Agreement with Freedom Township, which is part of the sewage facilities planning module being forwarded to the Department of Environmental Protection for ?nal approval is not an encumbrance. Additionally, after approval of this module, a memorandum of agreement is to be recorded. The parties ?nther stipulate that this is not an encumbrance upon the property. 8. LEVANS Warranties and Representations. LEVAN warrants and represents to Mason-Dixon at the time of the execution of this Agreement, as follows: {003l6051;v1} LEVAN has all requisite power and authority to execute and deliver this Agreement and to perform its respective obligations hereunder and further has full power and authority to acquire the Preperty and conductits business in the manner presently conducted. The execution, delivery and performance of this Agreement have been duly authorized by all requisite action of Board of Directors or Partners and will not violate any provision of law or any judgment, order or regulation of any Court or of Shareholder Agreement, By-laws or other governing documents of LEVAN or any public or governmental agency or authority, and will not con?ict with or result in a breach of any of the terms, conditions, or provisions of or constitute default under or result in the creation or imposition of any lien, charge, or encumbrance upon any of the PrOperty or assets of LEVAN pursuant to the terms of any agreement, indenture, or instrument to which it is a party or by which it or its Property are bound. (0) This Agreement has been duly executed and delivered by LEVAN and constitutes legal, valid, and binding obligations of LEVAN enforceable in accordance with its terms. 9. Develonment of the Property. LEVAN intends to develop the Pr0perty as an integrated harness racing and casino facility (herein Project?) pursuant to the Zoning Ordinance of Freedom Township and applicable state laws and regulations. LEVAN intends to prepare and submit to Freedom Township a Land Development Plan and an application to the Horse Racing Commission for licensure as a Harness Racing facility and subsequent licensure to the Gaming Control Board for a Category 1 Gaming License. All matters pertaining to the preparation and ?ling of the Land DeveIOpment Plan and Application (the ?Application?) for the Pr0perty determining the phasing of the development of the Pr0perty, obtaining permits and approvals and the construction of site improvements (both on site and off site) shall be determined in the sole discretion of LEVAN, or its successors or assigns. LEVAN will initiate the land development process upon receipt of a harness racing license from the Horse Racing Commission. {00316051 ;vl] The Land Development Plan and Application shall be subject to amendment and revision as may be required by Freedom Township and the Horse Racing Commission and the Gaming Control Board as a condition to obtaining preliminary/?nal approval for the Property which LEVAN deems necessary or appropriate to respond to changing marketing conditions or to otherwise effectively develop the PrOperty. LEVAN agrees that all costs and expenses incurred in connection with the preparation of the Land Development Plan and Application, obtaining all permits and approvals to develop the Property, and all other costs and expenses, including ?ling fees, engineering and architectural fees, legal fees, and all other expenses in connection with development of the site shall be borne by LEVAN at its sole expense. Regardless of the foregoing, LEVAN shall not record any land development plan or make any commitment or obligation to Freedom Township, Adams County, or any other governmental agency, or otherwise take any actions whatsoever which will be binding upon Mason-Dixon or the Property or title to the Property in the event that LEVAN fails to close on the purchase of the Property. LEVAN shall be obligated for the cost of all improvements, whether within the boundaries of the Property or outside of the boundaries of the Property, and any and all other costs, required under or relating to the permits and approvals obtained by LEVAN for the development of the Property. LEVAN, under no circumstances, shall commence any construction whatsoever on the Property prior to Closing on the conveyance of title to the Property by Mason-Dixon to LEVAN. LEVAN shall not do anything to inhibitthe use previously pursued by Mason?Dixon, which was that of a country club and related facilities, in the event LEVAN fails to close on the purchase of the Property. 10. Environmental Representations. Mason-Dixon represents to the LEVAN that To Mason-Dixon?s actual knowledge, no enforcement action or litigation has been brought or threatened against Mason-Dixon or the Property, nor any settlements reached by or with any part or parties, alleging the use, presence, disposal, storage, generation or release of hazardous material on, from, under, or in the Property. ?Hazardous Materials? shall mean any and all substances which are any of the following: Explosives, oil and petroleum products and bi-products, urea formaldehyde, radon, radioactive materials, bifenols or related or similar materials 10 {003l6051;v1} asbestos or material containing asbestos; or de?ned, designated or listed as a hazardous substance, regulated substance, hazardous material, hazardous waste, toxic waste, toxic material, contaminants, pollutants, or industrial waste, as de?ned, designated or listed under the Clean Water Act, 33 U.S.C. Section 1251 e_t m; Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 US. C. Section 9601 e_t gm; Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 gt Egg Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 e_t mg Solid Waste Management Act, Stat. Ann. Title '35, Section 6018.103; Clean Streams Law, Stat. Ann. Title 35, Section 691.1 e_t Lech; Hazardous Substances Site Clean-Up Act, Stat. Ann. Title 35, Section 6020.101 e_t Each Act cited above is cited as amended. The above identi?ed are hereinafter referred to as ?Environmental Laws? and shall include any amendments thereto, regulations adopted and publication promulgated pursuant thereto, and any common law and judicial interpretation and application of the foregoing laws; Mason-Dixon has received no notice from any governmental agency or body of any investigation or proceeding concerning the presence or alleged presences of Hazardous Materials on, under, about, or in the Property or pertaining to the Property; and Mason-Dixon shall provide to LEVAN a complete copy of any environmental assessments or reports about the Property which Mason-Dixon has received either from any predecessor in title or from technical consultants hired by the 'Mason-Dixon or others. Currently, Mason?Dixon is not in possession of any environmental assessment or report. 11. Assignment. Closing shall take place at such time and place as the parties hereto shall agree no later than the date set forth in Paragraph 6. The right of LEVAN hereunder shall not be assignable without the prior written consent of Mason-Dixon, which consent shall not be unreasonably withheld. LEVAN acknowledges that the substantial involvement of LEVAN in the development of the Property was a material inducement to Mason-Dixon entering this Agreement, and as such, involvement will be considered in Mason-Dixon?s decision 11 {003]6051;v1} to consent to any assignment hereof. In the event Mason-Dixon consents to the assignment of this agreement, Mason-Dixon agrees to execute such documentation as may be reasonably required to effectuate said assignment and to tender a special warranty, fee simple deed as provided for herein to assignee upon tender by the assignee of the purchase price as ?xed by the terms of this Agreement. LEVAN shall indemnify and hold harmless Mason-Dixon for any realty transfer tax in excess of that which Mason-Dixon has agreed to pay by the provisions of Paragraph 3 hereof with respect to the Purchase Price, which may at any time hereafter be assessed again it by the appropriate taxing authorities. If LEVAN is no longer part of the deal, that shall constitute a reasonable basis to deny consent to assignment. 12. Additional Representations and Warranties. Mason-Dixon further warrants and represents to LEVAN as follows: There is currently no municipal/public water and sewer. Mason-Dixon is not a foreign person and is a United States person (as such term is de?ned in Section 7701(a)(30) of the Internal Revenue Code of 1986, as amended. (0) Mason-Dixon has received no notice of any violations of applicable statutes and municipal ordinances governing use and occupancy of the Property. Mason?Dixon has received no notice of any action for condemnation for any portion of the Property. 13. ?As is, Where Is?. Except as expressly set forth ?in this Agreement, it is understood and agreed that Mason-Dixon is not making and has no at any time made any warranties or representations of any kind of character, express or implied, with respect to the Property, including, but not limited to, any warranties or representations as to habitability, merchantability or ?tness for a particular purpose. LEVAN acknowledges and agrees that upon Closing Mason-Dixon shall sell and convey to LEVAN and LEVAN shall accept the Property ?as is, where is, with all faults?, except to the 12 {003]605];v1} extent expressly provided otherwise in this Agreement. LEVAN has not relied and will not rely, on, and Mason-Dixon is not liable for or bound by, any express or implied warranties, guaranties, statements, representations or information pertaining to the Property or relating thereto (including speci?cally, without limitation, offering packages distributed with respect to the Property), or any real estate broker or agent representing or purporting to represent Mason- Dixon, to whomever made or given, directly or indirectly, orally or in writing, unless speci?cally set forth in this Agreement. LEVAN represents to Mason-Dixon that, prior to the closing date, LEVAN shall conduct such investigations of the Property, including but not limited to, the physical and environmental conditions, thereof, as LEVAN deems necessary or desirable to satisfy itself as to the condition of the Property and the existence or nonexistence or curative action to be taken with respect to any hazardous or toxic substances on or discharged from the Property, and will rely solely upon same and not upon any information provided by or on behalf of Mason-Dixon or its agents with respect thereto, other than such representations, warranties and covenants of Mason-Dixon as are expressly set forth in this agreement. Upon closing, LEVAN shall assume the risk that adverse matters, including but not limited to, construction defects and adverse physical and environmental conditions may not have been revealed by investigations, and LEVAN, upon closing, shall be deemed to have waived, relinquished and released Mason?Dixon and agents from and against any and all claims, demands, causes of action (including causes of action in tort), losses, damages, liabilities, costs and expenses (including reasonable attorneys fees of any and every kind or character which LEVAN might have asserted or alleged against Mason- Dixon and/or Mason-Dixon?s agents at any time by reason of or arising out of any latent or patent construction defects or physical conditions, violation of any applicable laws and any and all other acts, omissions, events, circumstances or matter regarding the Property; other than claims which may arise out of material inaccuracies of Mason-Dixon?s warranties and representations set forth in this Agreement. .f 14. Limitation of Representations and Warranties. Where used in this Agreement, the phrase ?to Mason-Dixon?s actual knowledge? or such similar phrases, shall mean to the actual knowledge of Mason-Dixon, excluding constructive knowledge, without investigation by Mason-Dixon or any obligation to undertake such investigation. All representations and 13 {003]6051;v1} warranties hereunder shall survive Settlement and the conveyance of title to the Property to LEVAN for a period of one (1) year from the date of the delivery of the Deed for the Property to LEVAN. 15. Miscellaneous. This Agreement shall be binding upon and inure to the bene?t of the parties hereto and their respective successors and permitted assigns. From the date of this Agreement, the Mason-Dixon shall not grant rights to timber any of the Property or sell or assign mineral or subsurface rights to any third party. Mason-Dixon?s Duty to Cooperate. Mason-Dixon agrees to cooperate fully with LEVAN in efforts to obtain approval of a ?nal land development plan from Freedom Township; provided that Mason-Dixon shall not be obligated to incur any out-of?pocket expenses in connection with such COOperation and nothing herein shall be deemed to be a release or waiver of obligation under Paragraph 9 with regard to limitations on creating binding obligations on Mason-Dixon or the Property or title to the Property as a result of any Township approvals. LEVAN shall be responsible for any costs associated with obtaining ?nal land development plan approval. Mason- Dixon agrees to provide LEVAN with copies of any survey or studies Mason-Dixon has performed or had performed for it regarding the Property, and Mason-Dixon agrees to make available for review and inspection by LEVAN or agents or representatives, studies, plans, applications for permits and similar technical materials relating to Mason-Dixon?s development of land which are reasonably related to proposed use of the Property. Eminent Domain. If, prior to the closing date, all or any portion of the Property is taken by eminent domain or deed in lieu thereof, LEVAN, at its option, shall have the right to terminate this Agreement, and upon such termination the Agreement shall thereafter be null and void and have no further force and effect with no further liabilities by either party hereto, except as otherwise expressly provided in this 14 {00316051,v1} Agreement, or (ii) take title to the remaining portion of the Property at the purchase price per acre set forth in this Agreement. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered or mailed certi?ed mail, postage prepaid, return receipt requested, to the parties at the following addresses: If to Mason-Dixon: Mason-Dixon Country Club, Inc. Mason-Dixon Utilities, Inc. 2501 South Front Street Philadelphia, PA 19148 Attn: B. Scott Holloway, Sr. Fax: (215) 755-7877 With a copy to: William A. Denmark, Esq. Managing Shareholder Jacoby Donner, RC. 1700 Market Street, Ste 3100 Philadelphia, PA 19103 If to LEVAN: LEVAN Real Estate Development, LP Attn: David M. LEVAN 1094 Baltimore Pike PA 17325 With a copy to: Bernard A. Yannetti, Jr., Esq. Hartman Yannetti 126 Baltimore Street PA 17325 Fax: (717) 334-5866 (1) Construction. This Agreement has been executed in the Commonwealth of and shall be construed in accordance of the laws of such state. 15 {0031605];vl} Survival. All agreements, covenants, warranties or representations made herein or pursuant hereto shall survive closing for a period of one (1) year. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Property and there are no agreements, representations or warranties, oral or written, which have not been incorporated herein. This Agreement shall not be amended, modi?ed, altered or rescinded, or any rights or remedies hereunder waived, except in writing, signed by the parties hereto. Time of the Essence. Time is of the essence of this Agreement. This Agreement may be executed in multiple counterparts, with each executed counterpart deemed to be an original and all such counterparts, taken together, constituting one and the same Agreement. Facsimile versions of signatures shall be acceptable as originals. 16. Attorneys? Fees. In the event that LEVAN should retain counsel and/or institute any suit against Mason-Dixon for violation of or to enforce any of the covenants or conditions of this Agreement, or should Mason-Dixon institute any action against LEVAN for violation or to enforce of any covenants or conditions of this Agreement, or should either party institute a suit against the other for a declaration of rights hereunder, or should either party intervene in any suit in which the other is a party, to enforce or protect its interests of right hereunder, the prevailing party in any such suit shall be entitled to collect from the other party all its costs, expenses and reasonable fees to its attorney(s) in connection therewith. 17. Broker Fees. ILEVAN has employed areal estate broker in conjunction with this transaction. LEVAN hereby acknowledges that he will be solely responsible for any and all broker fees due and owing to David L. Sites, Broker. LEVAN will indemnify and hold harmless Mason-Dixon for any costs for said broker or any other broker LEVAN engages. Mason-Dixon has not employed a broker in this deal. However, if they do in the future, they shall be responsible for those fees. 16 {00316051;v1} 18. Default. In case of default by LEVAN, Mason-Dixon shall be permitted to keep the deposit then existing as liquidated damages. In case of default by Mason-Dixon, LEVAN may recover any deposits made on account shall have the option to pursue speci?c performance of the contract. IN WITNESS WHEREOF, the parties hereto have hereunto af?xed their hands and seals the day and year ?rst above written. MASON-DIXON: MASON-DIXON COUNTRY CLUB, INC. By: MASON-DIXON UTILITIES, INC. By: LEVAN: LEVAN REAL ESTATE DEVELOPMENT, LP BCDJ p?ip David M. The undersigned is executing this Agreement solely for the purpose of agreeing to serve as escrow agent under Paragraph 3. JACOBY DONNER, P.C., Escrow Agent By: William A. Denmark 17 {003l6051;v1} 18. Default. In case of default by LEVAN, Mason-Dixon shall be permitted to keep the deposit then existing as liquidated'darnages. In case of default by Mason-Dixon, LEVAN may recover any deposits made on account 335 shall have the option to pursue speci?c performance of the contract. IN WITNESS WHEREOF, the parties hereto have hereunto af?xed their hands and seals the day and year ?rst above written. MASON-DIXON: MASON-DIXON COUNTRY CLUB, INC. WW MASON-DIXON UTILITIES, INC. mam ?g?ww LEVAN: REAL ESTATE DEVELOPMENT, LP By: David M. LEVAN The undersigned is executing this Agreement solely for the purpose of agreeing to serve as escrow agent under Paragraph 3. AC OBY P.C., Escrow Agent By: William A. Denmark 17 [0031605 i 1'0 22. 2011 Altruism . I. Chairman David Craig ?Ii mf?t?i??-I .J Members Lawrence Cooney James Matthew Tunnell Keith Umberger i i i Advisers George Con nor, Dauphin County Of?ce of Community and Economic Development Brooke Echevarria, Dauphin County Of?ce of Community and Economic Development Counsel Mark Stewart, Eckert Seamans 2.. 1 -- 1? 3i 1:5; 1. $G?l?l?E ?ll: -.- 1.. The Gaming Act requires casinos to share their gaming revenues with host counties and municipalities, Local Share The Gaming Act's Local Share requirements vary by type and location of casino Table game-based Local Share has separate requirements for distribution -. . 1' v- . arr . a? 0? SIIMIE On September 28, 2016, the Court declared the municipal local share provision to be unconstitutional. The Court also severed the county local share provision from the Gaming Act. The Court has stayed its decision until May 26, 2017 to allow for a legislative ?x which has yet to be enacted. Hollywood Casino at Penn National Race Course entered into an agreement with Dauphin County to maintain local share payments for 2017. WWII. ERNIE Annual local snare HOIWOMI casino at Penn National Gross Slat ?avenues local snare s34 WEB amasr IMBI ntluise naunhin on the allocation 0' municipal grants local snare gaming 1% Grant Funding I Transportation l' Public Interest Initiatives Emergency Services! Health Public Safety Multiple Categories :j_Ij infrastructural Facilities Improvement . . . Human Services Willi li?lEllIlElF?D I By law, Local Share grant funds are not for property tax relief ?3 Local Share funds are to help counties and municipalities absorb the impacts of gaming and promote projects in the identified areas gi? . Local Share grants help avoid increases in local taxes . a 3i TM 033?"! nevenue . 34% of every dollar of casino revenue my!? supports property tax'relief (compared to 4% for local share) State-wide Property Tax Relief to Date 2009 2010 $772 M_illion_ 2011 $818 Twii?gn 2012 [gagingmion Income-based relief for seniors is Mf'Lth also funded by aming ?[$779 M'lhon .. 2857629 Millioo 8 1? Hollywood?s Gross ._Total- Dauphin County?7": Terminal R?venue; - 3 LOcal snare Fuhds: "it 2810 $13 939.. 012 j; i _q 2911 $13,815,885 5 2012? $244 Million $13, 718 288 1 TL 513513391 2014 $213 Million ?15 $215 Million Tl $13,889,991 2018 $209 Million 7[ $12,992,885 2016 Luca! Share Funds are nearly $950,000 less than Funds received in 2010. 355-1. 4.8-8 may?; MEJITBEML SPHERE MUDNHEBHIPM @nmm?rr $21,315,731 in grant requests Pm 1' .. .Elaa-J - ?h I?d?i 2016 [Mill GRANT - Total applications increased by 12% . Total project costs related to applications exceed $108,972,345 .Lyn?Muniei-paliti?s - - Middle menships Dauphin County GRANT PBDGESS Application Deadline Sept 1' Oct 2016 NOV 7? - ?t - Review applications request additional information A. Dec19 2016 Public meeting on-hearing applications ._?Rankingof appca?nlios CAB Recommendations presented to Board of Commissioners 13 HUME. aim!!- Priority was given to infrastructure projects Inter-governmental projects and projects that leverage investment in Dauphin County were favored - Ell. $lii?i?E a? WEE). projects that needed a ?nal funding piece had an advantage Municipal sponsors had to prioritize their support for projects Fire and emergency services applicants were asked to show consistency I with the County-wide Comprehensive Fire Study KEV WMWW -Tr anspozu tation D?Iul?ple Categories Human Services m. . - 2m ?m ISM . ?cant/Pro ect Itemized Total East Hanover Towns}: 775 000 orks qu tRe on 775 South Hanover owns}: 254 418 Anti 6 Auto Townsh 300 000 Hershey/Deny Historical Society Parking 30,000 Lot es and Accessibili 17 2016 GAMING Middle Paxton Townsh 221 000 Rush Towns 90 000 West Hanover Towns}: 250 000 2016 GAMING ADVISORY Parks .9: Recreation 350 000 111 19:4 Sus uehanna awash 163 236 Lower Swatara Towns 15 1 000 er Paxton Towns! 50 000 Mlltersbu Boron 100 000 2116 amm EWHWW NEW WEBER WWIIMFHINS 250 000 ken: Boro 1 2'5 000 Phase I in Water TrcaIIncnt Facility and airs Paxton Ban/Central Da kin School District . 140 650 Lower Pom". Towns . 217 100 1,330 Pm Colonial Pool I111 "l 2016 APPLICATIONS 1 London 1?0th 163 000 Da hm Bare Steelton Boro 39 Swatara Towns}; 1 1 154 I ?In-nu .- Penbroak Born 55.000 2.11% EAIWHWW EMBED - - z' -- Bar-o 1: 43 152 Wiconisco Towns 40 000 c: clicf . . I. Gram: Bar-o hMun Autho 74 602 I i 1 Elizabezhv?le Bar-a 1111 upon payment Boron 54 864 match 2* Mm Lyn: 3 2m [mum [mm - mm mnumvnum Bar-o 'i i New Municipal A onty astc 5 ,0 :f Water Trcauncnt Plant Pillow Born 3 400 "1 orou Fleas: kin Co Human Services 30 000 kin Co CourtAdminigD-atian 200 000 ,s Construction 0 if; hm Co Conservation District 127 000 i' it Land BankAutho 69 001 "5 Ran we acant omcs 3- i Tri-Co 3236' 132 000 .2.- ons to Street 5-. Heat Frost Insulators Local 23 45 82 Communities in Schools 0 70 000 - 2016 GAMING nnmsonv OTHER i Pinnacle Health 35 100 000 an kin C0 General Autho tcnancc Steel'ton Boro omeland Center 2m [mm . . mum mmasmunms i? Lower Paxton crass Grove 5 I Siesta?: Born Girls cm 0 Kb . Smelter: Bar-o WonumenmlAME (Thatch . Sans uehauna 1? Jewish 1" Sam. Sus uehanna American 2016 GAMING 15,000 1* 1 Crime Sto ers enbrook Baro h/Shalom House 33 677 618 $5,568,036 2016 nrrucnnons annmn REQUEST PROJECT 1 1. Girl Scouts in :11: Heart of PA $100,000 Camp Small Valley capital enhancements 2. Vi5ion Resources 877, 150 Fire sprinkler upgrade and a 3. The Citizens Fire Company No. 1 335.000 Fire engine debt reduction of Iiighspirc 4. Susq- Twp- HS. Mumni Assn. $30,000 Vietnam War Munorial 5- East Hanover Township 83 12.500 Carlson Road culvert replacement East Hanover Township $125,000 Grantvillc Fire Company ?re engine debt reduction. 6. East Hanover Township 5100.000 Planning. zoning, scwar ext. ?5 and building renovations Fair Housing Council 3340.000 Rehabilitation of apartments I 8. Wodgcwood Hills Swim Club $65,000 Clubhouse kitchen rmovntion 9. Camp Curtin Mcmorial 31 50,000 Main bell tower if 10. The Program 874.500 New kitchen and HVAC 4- - replacement Lower Paxton Township $300,000 Stream channel restoration 12. Lower Paxton Township $50,000 Nyes Road sidewalk 1 3. Lower Patton Township $200,000 Compost facility noise 5 abatement I 14. Steelton Borough $510,220 Construction of Community ll Center 1 5. Steeltoangua Para La Vida $75,000 Construction of an aquaponic urban fan 16. Elaine G. W'alter Jr VFW Post $50,000 Building repairs and upgrades l7. Mllersburg Ferry Boat Assn. $100,000 Stabilization of Ferry wall 13. Area Pool Assn. $31,000 Wading pool renovation 19. Hope Within Ministries $26,910.65 Building security improvements 20. Community Dev. Corp. $350,000 Demolition of Old Lykens School a 2016 REMAINING +1 ?201s Pnlonlm AP CANT OJ ECT . 21. Men of the Southeast League $375,000 Ballpark rehabilitation project 22. City of Harrisburg $200,000 GPS Emergency Vehicle preemption equipment 23 . City of Harrisburg $175,000 Police technology replacement 91 and upgrades 24. Gratz Borough/Lykens Township $70,000 Teena Ball Field improvements 25 . Gratz Borough/Lykens Township $179,500 Community energy e?iciency and mobile generator 26. Williamstown American Legion $96,774 Facility upgrades for emergency shelter use 27. N. Dauphin Co. Branch YMCA $175,000 Repairs and improvements to f- Seniar Wellness Center 28. Hershey PartnershipJ?Chamber $25,000 Website redesign and software redevelopment 1E 29. MS. Hershey Foundation $60,000 Conservatory educational 11g exhibits 30. Vista Foundation $69,750 Expansion of adult autism i services 30 2010 REMAINING . APPLICANT REQUEST PROJECT I 31. Vickie?s Angel Foundation $100,000 Support for families of cancer patients I 32. Arc of Dauphin County $95,462 New respite center i 3 3. Jewish Federation of Greater I-Ibg. $153,000 Security improvements at i Green Hills Swim Club i 34. Hope United Presbyterian Church 5 100,000 Parking lot lighting and paving 35. Dauphin Recreation Assn. $50,000 Dauphin Pool improvements 36. Whitaker Center $175,000 Facility improvements 37. Jewish Home of Greater Hbg_ $30,000 i upgrades I 38. Partnership for Hope $84,000 Community basic needs and mentoring program . 39. Camp Hebron $35,000 Pool resurfacing and re?ling 40. Halifax Swim Club, Inc. $63,000 Pool rehabilitation and repairs j? 41 . _Cyrene_L?_dge 169 $100,000 Building repairs 2016 REMAINING APPLI REQUIE ST PROJECT I - 42. Pop?s House $150,000 Property expansion project for veterans 43. Steelton Community Cats $70,000 Building pneservationa i restoration and rehabilitation 44. 19th Street Venmres/Arooga?s $172,093 New headquarters 45. American Red Cross of Central $120,000 Emergency service vehicle I PA 46. Capital Region Water $41475 Mobile drinking water station 47. Capital Area Greenbelt Assn. $250,000 Riverfront extension planninL 48. Dauphin County Parks and Rec. $25,000 Fort Hunter Station renovation plmming . 49. Catholic Charities $53,785.66 Immigration and Refugee .1 Services program equipment :3 50. Cmtral PA Food Bank $200,000 Refrigerated ?nd: and cold 3? storage equipment 51. Dauphin Co. Library System $336,000 Halifax area 24 hour library machine 32 2016 REMAINING nrrucnnons Pnlomm 1 APPLICANT PR OJECT Hbg- Area Community College $2,100,000 Parking lot repairs and ?ber optic system upgrades 9' 53. Historical Society of Dauphin Co- $20,109 Borough historical records - archive 54. Keystone Human Services 360,000 Susquehanna Service Dogs Program van and training 55. PA Coalition Against Dom. Viol. $101,403 Technology enhancements and website redesign 56. PA Farm Show Complex $150,000 Surveillance equipment . upgrade 57. Rebuilding Together Greater Hbg- $35,000 Home repair and modi?cation 5 program - j! 58- Susq- Area Regional Airport $400,000 Construction of ad} acent hotel Amh- ?i?d HEM at EMMY (a 23 7-1 . x. 5934,11? - The lnsulators Local 23 Joint Apprenticeship Training Center trains roughly 25 students a year in the craft of mechanical insulation and provides continuing education courses for approximately 200 other craftsmen. - Graduates have been a force in the regional economic engine, and have performed work on buildings throughout Dauphin County. . This grant will fund upgrades to training center equipment that are necessary to offer students a cutting- edge technology based education and meet the changing needs of various employers. Ill?d TWINE Ill?d Mi ?8 Communities In Schools . The Re-Engagement Center puts out-of?school youth back on track for a high school diploma, GED or career training. . The program provides wide-ranging and long-term bene?ts to the youth, the workforce and the 35 community. i - This grant will assist the Center to establish its home in Midtown 2 Building. ii - SWEDEN: currem ?re Stations laoln a - co-Ell IlunlrroomS. llrillaell Proner flooring in anoaratus hay - roofs Renovations Will: examnle at Innovative storm water uraotioes - Proulrle comfortable and urinate - llalle ll?'ll eemnliam ?ooring which will lie saler and easier to clean - Save dollars and saletll lo ?re?anters Include a Ereowater ?00' [Of Fire Station 2 and SBWB as an i IMMUNE 2.11% The GAB recommends a total of $5,568,036 in grants to the Dauphin County Commissioners 34% 390,418) are for East Hanover Township, the host I municipality, and the other contiguous municipalities which are most likely to be impacted by the Hollywood Casino Mamas tracmuumw mm magnum 2m 5 on Werall I?umanSeruiees 3 333,509 1 I mnsnanatlnn 354,000 5 . 5 1,540,019 3 [Ilimeluenw Sonics: . Heatwal'nnlicsmlu 1,325,544 11 2 4 Imumamm ?6 Lill?ullinle Gamma: 5 648,600 GAMING Bll??ll 201B Recommended projeCts will leverage substantial. additional investment and create jobs in Dauphin County $24,488,165 in additional investment related to recommended projects Over 1,760 permanent or construction jobs are projected to be created or retained in conjunction with all recommended applications ?my: . .- THANK YOU. . MWhu?-w- casino: Newest attempt has more hurdles than ever Killian Reed lreed@eveningsun.com 3:02 p.m. ET Feb. 24, 20]? In obtaining a casino licence is an expensive process that can last years. The third time may be the charm as the old adage goes, but David LeVan's third attempt to bring a casino to the area might be his hardest try yet. The local businessman, who owns Battle?eld Harley Davidson. tried unsuccessfully to bring a casino to the area in 2005-06 and again in 2010. The plans spurred enormous debate between residents some supported the proposal because of potential economic bene?ts and others condemned the project for encroaching on National Military Park and hallowed ground. (Photo: File, The Evening Sun) LeVan announced in January that he is trying again. this time applying for only available casino license reserved speci?cally for harness racing tracks. He plans to build both a harness racing track and casino in Freedom Township on a property bordering the Maryland line. That means LeVan will not only need the approval from Adams County governments and the Gaming Control Board as in previous attempts, but he'll have to convince the State Horse Racing Commission that his project is viable. ti LeVan wants to bring a casino and track to Freedom Township, he has more hurdles to jump than ever before. casino plan gets new life unborn/etc -casino- Ian? ts- new-lifei265 1473251 Freedom Township Before LeVan can obtain any of the necessary licensing for his venture from the state. he must ?rst work with Freedom Township. the municipality in which he hopes to build. Freedom Tovmship of?cials are moving cautiously. Last month. representatives for the project dubbed Mason-Dixon Downs attended a supervisor's meeting to discuss how to go about changing a zoning rule. The large swath of land LeVan has been eyeing for his project is zoned in part as a mixed-use district. That zoning category does not allow for casinos and lists specific restrictions. such as building size, that may con?ict with LeVan's plans. Zoning ordinance changes happen all the time in municipalities. Planning commissions vote Whether to recommend changes to supervisors. The supervisors must then advertise the proposed change along with the date and time that they plan to take a ?nal vote whether to adept it into law. Residents are then able to come and weigh in on changes before a ?nal vote is cast. Freedom supervisors made a motion at the meeting to give the planning commission authority to start reviewing whether to change the zoning ordinance. When about a dozen people used a public comment period to urge of?cials to wait for more information about the project before taking any action, the supervisors walked the motion back and asked the developer to submit rough drafts of what Mason-Dixon Dovms might look like. Freedom Township will next meet March 8 to discuss the project with developers. No plans have been delivered to the township yet. township secretary Joyce Shindeldecker said in an email Thursday. The developers will need the ordinance changed before they submit Mason-Dixon Downs' application for a harness racing license to the Horse Racing Commission, the next government entity that LeVan will need to convince. That deadline is June 14. 'Don't see anygne with gitchforks': Casino plan faces ?rst hurdle State Horse Racing Commission Before a developer can even apply for only available casino license. he or she must ?rst obtain a horse racing license from the state. said Brett Revington. the bureau director for Standardbred racing in This is the new step that LeVan has not had to complete in past years. Previously. the developer applied for casino licenses that were not tethered to horse racing tracks. has three categories of licenses for horse racing. LeVan plans to apply for a category one Standardbred harness racing license. which must be partnered with a casino. There are six "racino" licenses issued in Mason-Dixon Downs may have to vie against other developers for the seventh and ?nal available license. The category one harness racing license is conditional. meaning Mason-Dixon Downs needs to get a horse racing license in order to get a casino license. The same rule applies in reverse as a developer cannot have one without the other. That's the rule that caused problems for Endeka Entertainment. a business venture looking to bring a racetrack and casino to Lawrence County. near Pittsburgh. Endeka was granted the racing license but was deemed unsuitable for a casino license by the Gaming Control Board. A December ruling from the Supreme Court re-opened the application process for the racetrack license. effectively terminating Endeka's right to the license and creating the opportunity for LeVan. The application period opened Feb. 15 and will close June 14 giving applicants 120 days to submit all of then ary paperwo - - - and the $50. 000 processing fee. Whichever applicant :5 granted the license will have to pay a second $50,000 fee to the state. Revington said. After the deadline passes. the commission will solicit forensic audits. perform applicant background checks and investigate all details in each application to ensure accurate information. The commission will then hold a series of public hearings near each proposed location for a racetrack. That could mean a hearing in or near Freedom Township where local government of?cials. business owners and members of the public may weigh in on the project. The commission will then review all of the information and issue a ruling to give the license to one of the applicants. if none of the applicants are deemed suitable. the commission could opt against issuing the license at all. Revington said. Since the commission needs time to conduct the investigations and hearings. there is no timeline associated with the process. he said. Developers may also appeal any decision the commissions make to the courts. Gaming Control Board The process for getting a casino license in is similar to a horse racing license. The developer must submit a detailed application to the Gaming Control Board along with an application fee. which varies in cost based on the application. The board conducts an extensive investigation and then holds hearings in the proposed location for the casino. said Richard McGarvey. a spokesperson for the board. Finally. the board makes a decision whether or not to issue a casino license. which costs $50 million for up to 5.000 slots and an additional $16.5 million for up to 250 table games. Similar to the State Horse Racing Commission. the board could choose to reject a developer for the license as it did with Endeka. The exact length of time for LeVan to get all of the approvals from the states is difficult to predict. but it could take years. The last time the harness racing license application process was open was in 2002 when Endeka and others applied for the license. said. Even though Endeka was granted the harness racing license. the project was WW . I by the Gaming Control Board in 2016. LeVan will also need to continue working with Adams County and Freedom Township of?cials throughout the licensing process. The local government of?cials. who have the ?nal authority on regulating how projects are constructed within their jurisdiction. often testify during the licensing hearings. lf LeVan is successful in jumping through all of these hoops to obtain both licenses and local government approval. then he can begin to build. Read or Share this story: Presque Isle Downs celebrates 10th anniversary Page 1 0f 6 Presque Isle Downs celebrates 10th anniversary Tuesday Posted at 2:00 AM The Summit Township casino has brought entertainment, jobs and more than $100 million in community development funds to the region. BY Kevalowers Follow When it opened a decade ago, Presque Isle Downs Casino represented something entirely fresh for the Erie region. Thanks to the Racehorse Development and Gaming Act of 2004, the region had a new-major employer and its own $200 million entertainment venue one focused on the business of Winning and losing and the pursuit of cold, hard cash. After ?ve years of planning and development, Presque Isle Downs, located off Route 97 in Summit Township, made its debut on Feb. 28, 2007. Featuring more than 2,000 slot machines, buffets, a ?ne dining restaurant, a clubhouse restaurant and lounge and a host of other amenities, the venue replicated a Las Vegas?style wagering atmosphere in northwestern In addition, the casino?s one?mile thoroughbred track made its debut in September 2007, bringing live horse racing back to Erie County for the ?rst time since Erie Downs closed after the 1987 season. 2/28/2017 Presque Isle Downs celebrates 10th anniversary Page 2 of 6 The facility has also hosted concerts and outdoor boxing as it has undergone several changes during the last decade, including new ownership; the addition of table games, poker and a high limit room; and renovated bars and restaurants. Presque Isle Downs is also the launching point for the multiday Roar on the Shore rally's popular yearly parade, and the casino has spawned the development of new hotels, gas stations, restaurants and other businesses along Route 97. And the players keep coming. Presque Isle Downs' gross revenue was $118 million in the fiscal year that started July 1, 2015, and endedJune 30, according to the Gaming Control Board. The casino averaged 4,142 visitors a day in.2016, and daily payouts to gamblers of nearly $3.3 million, saidJennifer See, the casino's director of marketing. "I?m here two or three times a week," 73?year-oldjames West, a retired maintenance worker and machine builder from Painesville, Ohio, said while playing slots at the casino this past week. West said he once won $20,000 at Presque Isle Downs on a single slot machine play, and that he collectively won $19,000 at the casino in 2016, "although I spent a lot more than that." Asked what keeps him coming back, West quipped, can smoke in here," as he puffed a cigarette. "And it's really nice here. I like it better than the casinos in Cleveland," West said "And they give me a lot of benefits. Free plays, drinks, sometimes a room." On Tuesday, Presque Isle Downs will celebrate its anniversary with T-shirt giveaways, free hot dogs and cupcakes and free play giveaways for patrons, among other events. The Breeze Band, a popular local 8.: group, will perform at the casino Tuesday night. "Our uests, like our team members, are im erative to the success of this to said eff Favre, Presque Isle Downs' vice president and general manager. 'Erie?s golden goose' The casino, however, means much more to Erie County than a good time. 2/28/2017 Presque Isle Downs celebrates 10th anniversary Page 3 of 6 The state's gambling law requires casinos to pay millions of dollars in annual assessments to host municipalities/ counties, and Erie County has received more than $104 million in casino revenues from Presque Isle Downs since the facility opened, according to ?nancial ?gures from Erie County government. That money has helped fund programs, projects and events countywide, including road, bridge and other infrastructure projects; business incubators and startups; Erie County's library system; youth job programs; community/ cultural events such as festivals; sports programs for inner-city children; free Sunday hours at the Erie Zoo, and more. Gaming revenues also helped fund the $47 million expansion of Erie Insurance Arena and the Erie International Airport's $80.5 million runway extension. would say that Presque Isle Downs has been Erie's golden goose," said Perry Wood, executive director of the Erie County Gaming Revenue Authority.- Erie County receives roughly $11 million in revenues each year from Presque Isle Downs. The county keeps $5.5 million, and the other $5.5 million is distributed by the Gaming Revenue Authority, which invests the funding via grants and loans in economic and community development projects throughout the region. "None of the funding that goes to the hundreds of nonpro?ts and municipalities to do creative and innovative things would be possible Without local share gaming revenue," Wood said. "You can't underestimate the economic impact." Erie County Executive Kathy Dahlkemper agreed. "The biggest impact of the casino other than being another recreational venue is the revenue it brings into the county," Dahlkemper said, adding that the casino revenues are also used to make payments on the county's long?term debt and award county grants to various local agencies. "It has allowed us to fund a lot of projects that affect a lot of people in this region. That's a huge positive." Dave Robinson is executive director of the Union City Family Support Center, a nonprofit that provides social, health and educational services to families and children in the Union City area. 2/28/2017 Presque Isle Downs celebrates 10th anniversary Page 4 of 6 The agency has received nearly $9,274 in gambling grants from the Gaming Revenue Authority over the years, money that was used to fund programs, buy computer equipment and replace a furnace. In addition, 15 teenagers and young adults served by the Family Support Center have participated in the county's Summer Jobs 8: More program, which puts low and moderate- income youth at various employers following a job-training course. . That program is partially funded by gambling revenues. "This money has been an incredible resource for the whole county and its communities," Robinson said. "It's a local source of revenue that goes into local program development and local infrastructure." However, that funding is in jeopardy. The Legislature is wrestling with how to come up with a permanent fix to a 2016 decision by the state Supreme Court that struck down part of the state gambling law mandating the fees that casinos pay to host communities across State lawmakers promised last fall to ?x the problem quickly, but that has yet to happen. "They need to fix it in a way that doesn't detrimentally impact communities," Wood said. "We need to be made whole with whatever ?x comes down the pike, and we absolutely need to retain local control over the decision-making process of how local share funds are spent." Favre said the casino intends to continue "paying our fair share" of the local share assessment. "Everyone in Erie County bene?ts from our success," Favre said. signi?cant portion of our tax dollars stay here to help fund assets and programs that are important and vital to our community." Staying relevant As Presque Isle Downs enters its second decade, the venue does so while facing an expanded regional gambling market. Seneca Allegany Casino in Salamanca, New York, Presque Isle Downs' closest competitor, is 2/28/2017 Presque Isle Downs celebrates 10th anniversary Page 5 of 6 just 80 miles east, offering both slots and table games. The Meadows Racetrack Casino draws gamblers to Washington County, and Rivers Casino does the same in downtown Pittsburgh, near Heinz Field. And there is additional casino competition in northeast Ohio three casinos in the Cleveland area. Favre, who has testified in Harrisburg before a state Senate committee about saturation of the gambling market, said Presque Isle Downs has spent the past several years upgrading its casino ?oor with new carpeting, paint and revamped restaurants and bars, as well as new slot products. "We're putting more of an emphasis on improving both our internal and external guest experiences," Favre said. Reno, Nevada-based Eldorado Resorts brought Presque Isle Downs under its umbrella in 2014 after a merger with the Erie casino's ?rst parent company, MTR Gaming Group. The company owns casinos in five states, and in September announced that it was acquiring Isle of Capri Casinos Inc. for $1.7 billion. That purchase will add another 12 properties to Eldorado's gaming portfolio. Favre said that access to Eldorado's "capital dollars" has helped keep the casino attractive to gamblers via frequent improvements to the venue. am con?dent that the continued level of support from El Dorado Resorts will continue," Favre said. Pam Dennis said she appreciates the casino's efforts to improve, upgrade and remain attractive to gamblers even though her luck at video slots was not great. "I'm done. I'm down to 17 cents," Dennis, a 52-year-old human resources manager from Townville, said during a visit to the casino this past week. "Before today, I had not been here in about five years," Dennis said. "It's grown a lot. There are more places to eat and the place looks great. I might even be able to get my husband to come here with me now." 2/28/2017 Presque Isle Downs celebrates 10th anniversary Page 6 of 6 Kevin Flowers can be reached at 870-1693 or by email. Follow him on Twitter at twitter.com/ TN ?owers. 2/28/2017 IXO OWN - Egg ., +476'-0" OUTNDER PAVHJON HARNESS PADDOCK BLDG JRIVER SECURHY GATE I . .. I I. 'm SITE PLAN 1" 400' JANUARY 31. 2017