UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM 8-K

 

 

CURRENT REPORT

Pursuant to Section 13 or Section 15(d)

of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): September 10, 2014

 

 

EMPIRE RESORTS, INC.

(Exact name of registrant as specified in its charter)

 

 

 

Delaware   001-12522   13-3714474

(State or other jurisdiction

of incorporation)

 

(Commission

File Number)

 

(IRS Employer

Identification No.)

 

c/o Monticello Casino and Raceway, State Route 17B,

P.O. Box 5013, Monticello, NY

  12701
(Address of principal executive offices)   (Zip Code)

Registrant’s telephone number, including area code: (845) 807-0001

Not Applicable

(Former name or former address, if changed since last report)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation to the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 7.01. Regulation FD Disclosure.

On September 9, 2014, Empire Resorts, Inc. (the “Company”) presented to the New York State Gaming Facility Location Board (the “Location Board”) an overview of its project to develop a destination gaming resort to be located 90 miles from New York City, in the Town of Thompson in Sullivan County (the “Casino Project”). The presentation was in support of the Company’s application for a gaming facility license for the Casino Project. The presentation is attached as Exhibit 99.1 hereto. In addition, a copy of the Company’s press release relating to the presentation, dated September 10, 2014, is attached as Exhibit 99.2 hereto. You can see a recording of the Company’s presentation to the Location Board at http://link.brightcove.com/services/player/bcpid3764941411001?bckey=AQ~~,AAACoBBYDYk~,vhHQ3PG5UUlbFBZZYbbJGM7Fo2gGYRLd&bctid=3777502215001.

This report includes “forward-looking statements” intended to qualify for the safe harbor from liability established by the Private Securities Litigation Reform Act of 1995. These statements include statements about the Company’s plans, strategies, financial performance, prospects or future events and involve known and unknown risks that are difficult to predict. As a result, the Company’s actual results, performance or achievements may differ materially from those expressed or implied by these forward-looking statements. In some cases, you can identify forward-looking statements by the use of words such as “may,” “could,” “expect,” “intend,” “plan,” “seek,” “anticipate,” “believe,” “estimate,” “predict,” “potential,” “continue,” “likely,” “will,” “would” and variations of these terms and similar expressions, or the negative of these terms or similar expressions. Such forward-looking statements are necessarily based upon estimates and assumptions that, while considered reasonable by the Company and the Company’s management team, are inherently uncertain. Factors that may cause actual results to differ materially from current expectations include, among others, levels of spending in business and leisure segments as well as consumer confidence; the construction commencement date for the casino project; relationships with associates and labor unions and changes in labor law; the financial condition of, and the Company’s relationships with, third-party property owners and hospitality venture partners; changes in the competitive environment in the Company’s industry and the markets where the Company operates; the timing of the receipt of regulatory and governmental approvals for the Casino Project, including the issuance of a gaming facility license to the Company; changes in federal, state or local tax law; general volatility of the capital markets and the Company’s ability to access the capital markets to secure necessary financing. A more complete description of these risks and uncertainties can be found in the reports and other documents filed with the U.S. Securities and Exchange Commission. The Company cautions readers not to rely on these forward-looking statements. The Company undertakes no obligation to update any of these forward-looking statements to reflect actual results, new information or future events, changes in assumptions or changes in other factors affecting forward-looking statements, except to the extent required by applicable laws.

 

Item 9.01. Financial Statements and Exhibits.

 

  (d) Exhibits.

 

99.1    Presentation to the New York State Gaming Facility Location Board
99.2    Press release, dated September 10, 2014, of the Company


SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Dated: September 10, 2014

 

EMPIRE RESORTS, INC.
By:  

/s/ Joseph A. D’Amato

Name:   Joseph A. D’Amato
Title:   Chief Executive Officer


Exhibit Index

 

99.1    Presentation to the New York State Gaming Facility Location Board
99.2    Press release, dated September 10, 2014, of the Company


EXHIBIT 99.1

 

LOGO

 

ADELAAR


LOGO

 

MONTREIGN

Ready Now


LOGO

 

Nancy A. Palumbo

Director of Empire Resorts, Inc.

Independent consultant in areas of strategic marketing, corporate communications and business development

Before Empire Resorts, Inc.

Director of the New York Lottery from January 2004 to October 2006

Executive Deputy Commissioner for the Office of Parks Recreation and Historic Preservation for the State of New York

General Manager of Walker Digital Lottery


LOGO

 


LOGO

 

Emanuel R. Pearlman

Chairman of the Board of Directors of Empire Resorts, Inc.

Chairman and Chief Executive Officer of Liberation Investment Group, LLC

Advisor and Member of the former Board of Directors of Fontainebleau Miami JV,LLC


LOGO

 

A Catskills Destination.

Reborn.

Empire is the Only Existing

Casino Owner / Operator in the Catskills

Publicly traded | NASDAQ

Russell 2000 &3000

Proven and Experienced Management Team

Major Partner ( EPR Properties )

To Develop Adelaar

Fully Financed

We are Ready Now


LOGO

 

A Winning Team

Emanuel R. Pearlman

Chairman of Board of Directors 4 years of experience at Empire

14 years of total gaming experience

Chairman of the Board and Chairman of Special Committee – Development & Expansion since 2010

Previous experience at Bally Entertainment; Multimedia Games; Fontainebleau Hotel;

Liberation Investments

Joseph a. D’ Amato CEO and Director

5 years of experience at Empire

32 years of total gaming experience

Previous experience at Mount Airy Casino Resort; Seneca Gaming; Resort International; Trump Entertainment; Bally’s Park Place; Golden Nugget

Laurette J. Pitts COO, CFO and EVP

3 years of experience at Empire

22 years of total gaming experience

Previous experience at American Racing and Entertainment; Mohegan Sun at Pocono Downs; Caesars Entertainment; Mystic Lake Casino; Seneca Allegany

Nanette L. Horner

Chief Counsel, Chief Compliance Officer and EVP

4 years of experience at Empire

18 years of total gaming experience

Previous experience at Pennsyvania Gaming Control Board; Rutgers University School OF Law-Camden, Adjunt Professor of Law; Brown, Michael & Carroll

Charles A. Degliomini

EVP of Governmental Affairs and Corporate Communications

10 years of experience at Empire

13 years of total gaming experience

Previous experience at eLottery; Atlantic Communications Director for the Reagan-Bush Administration; U.S. Senate Staff


LOGO

 

$1 Billion Integrated Entertainment & lifestyle Complex


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Montreign and Adelaar Will Be a Game Changer for Sullivan County


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Reinvent. Revitalize. Reimagine. Ready Now.


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MONTREIGN

A Destination Gaming Resort

80,000 SQUARE FEET OF GAMING EXCITEMENT

~ 61table games

2,150 state- of- the-art slot machines

~ 2,620 gaming positions

Raine Center Bar and Spotlight Theatre

V.I.Me. – The VIP Players’ Lounge

SPA & HOTEL

18 story tower

391 luxury rooms including 37 suites

4-star and 4-diamond standards

MEETING AND CONVENTION SPACE

~ 40,000 square feet

M Centre accommodates up to 1,300

Events range from banquets to boxing

RESTAURANTS

Fine dining to grab-n-go

Capital Investment No Competition Scenario

MONTREIGN MINIMUM CAPITAL INVESTMENT $450 Million

ADELAAR MINIMUM CAPITAL INVESTMENT $270 Million

MINIMUM CAPITAL INVESTMENT $720Million


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A Project Dream Team

PROJECT TEAM

ROLE TEAM MEMBER YEARS ON PROJECT

ROLE TEAM MEMBER YEARS ON PROJECT

Casino Owner & Operator 3.0 Resort Developer 3.0

Master Planner, Architect and Landscape Architect 2.5 Montreign Architect 2.5

Golf Course Designer 3.0 Environmental, Planning & Engineering Consultant 2.0

Public Relations 3.0 CAFO Consultant 1.5

Real Estate Counsel 3.0 SEC Counsel 3.0

Accountant 2.0 Local PR 2.5

Gaming, Labor & IP Counsel 3.0 Land Use Counsel 3.0

Pay & Benefit Consultant 3.0 Gaming Consultant 2.5

Contractor 2.0 Finance Counsel 1.0

Consultant 0.5 Financial Advisor 1.0


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Capital Investment No Competition Scenario

MONTREIGN MINIMUM CAPITAL INVESTMENT $450 Million

ADELAAR MINIMUM CAPITAL INVESTMENT $270 Million

MINIMUM CAPITAL INVESTMENT $720Million


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New york state $1 Billion

SULLIVAN COUNTY $610 Million

The Gaming acility will gnerate up to $300 Million in new economic benefit within the State in 2019

REGION $882 Million


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Revenue to the State

The Gaming Facility will generate ~ $108 Million in total direct and indirect tax revenues for New York State and Sullivan County in 2017

Growing to -$142 Million in 2021

DIRECT TAX REVENUE INDIRECT TAX REVENUE

($ in Million) ($ in Million)

$7.4 $8.1 $8.7 $8.9 $9.2 $97.5 $107.2 $115.0 $123.0 $128.7

$1.2 $1.3 $1.4 $1.5 $1.5 $1.9 $2.0 $2.1 $2.2 $2.2

2017 2018 2019 2020 2021 2017 2018 2019 2020 2021

New York State Sullivan County New York State Sullivan County

TOTAL TAX REVENUE 2017 2018 2019 2020 2021

$108 Million $119 Million $127 Million $136 Million $142 Million


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Montreign Fully Financed

Fully committed financing with a combination of equity to be obtained through a public rights offering and debt in the form of a senior secured credit facility provided by Credit Suisse

No Competition Scenario

MONTRIGN FINANCING (1)

$150 Million of equity $478 Million of senior secured financing

EQUITY COMMITMENTS

Empire public rights offering of up to $150 Million Empire’s majority shareholder has agreed to purchase its pro rata shares in the rights offering Majority shareholder has agreed to purchase any shares not purchased by other shareholders

DEBT COMMITMENTS

Credit Suisse has committed to raise $478 Million

$350 Million first lien senior secured term loan

$128 Million second lien senior secured term loan

(1)Excludes $25 Million of cash to be invested in Montreign through December 31, 2014


LOGO

 

Ready Now SEQRA Amendements of Town Zoning Code New Comprehensive Development Plan Local Land Use Approvals(1) Final Site Plan and Minor Site Plan Amendment

Water and Waste Water (1) Approved contitioned upon receipt of other regulatory agency approvals


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Montreign Capital Investment

IF a license for a competing Gaming Facility is awarded elsewhere in the Region, Montreign will proceed with a project, however, the minimum capital investment would be greatly reduced

Gaming Facility Location Montreign’s Minimum Capital Investment Region 1

If no License is awarded for a Gaming Facility located in Duchess or Orange Counties (or elsewhere in the Region):

If a License is awar Facility located in Duchess or Northern Orange County (or elsewhere in the Region other than Southern Orange County):

If a License is awarded for a Gaming Facility locatedin Southern Orange County: $172 Million $277 Million $452 Million


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David Brain Founder, President & CEO of EPR Properties

of EPR Properties Return on Insight


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EPR Properties

NYSE: EPR

Founded: 1997

$5.0 Billion Total Market Cap

39 States, D.C. & Canada

Investment Grade Rated

Invested in New York State for Over a Decade

Long Trem Ownership Oriented

Entertainment Education Recreation

Total Investments

$4,000 $3,000 $2,000 $1,000 $0 1997 1999 2001 2003 2005 2007 2009 2011 2013 2014 projected

Megaplex Theatres/ERC’S Education Metro ski/Other

(in Millions)

10 Year Total Shareholder Return

EPR – 207%


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ADELAAR


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Overview

1,700 acres

Master Planned Community

Four seasons of indoor fun &

outdoor adventure

1

 

Million non-gaming

Visitors anticipated


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A Plan

That Meets Ready Now

The Vision


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The waterpark Lodge

Over 150 acres of hilly terrain

A 350-room family-style lodge

50 family-style suites

A 120,000 square foot

indoor/outdoor waterpark

A conference center

A banquet facility

Snow tubing and boarding zip lines and mountain coaster


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Entertainment Village

Blumenfeld

Development Group

Co-Investor

Project Developer

Construction Manager

Property Manager

Features

Frank CineBowl Grille

Gotham Comedy Club

Catskills Marketplace

Bubby’s Restaurant

Kid’s Quest / Cyber Quest

New Horizons Academy

Frank CineBowl Grille

Gotham Comedy Club

Catskills Marketplace

Bubby’s Restaurant

Kid’s Quest

Cyber Quest


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Monster Golf Course and Culbhouse

Rees Jones “The Open Doctor “ Golf Course Architect


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“Even some of the most timeless golf course designs require remodeling or restoration to inject life into an existing layout”

The Legendary Roes Jones


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LEGENDS of Sports GOLF CHALLENGE


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Designing Complete Environments

Unpled Community Design


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Laurette J. Pitts

COO, CFO and EVP of Empire Resorts, Inc.

Before Empire Resortd, Inc.

Regional Vice President of Finance and administration for American Racing and Entertainment , LLC

Chief Financial Officer for Mohegan Sun at Pocono Downs


LOGO

 

World-Class Destination Resort

Hospitality

Lodging and conference center

Entertainment

Shopping, movies, bowling, comedy

Food and Beverage

Restaurants, bars, farmers markets

Sports & Leisure

Golf, tubing, snowboarding

Attrasctions

Waterpark, adventure park

Health & wellness

Spa, fitness, swimming

Catskills

Skiing, hiking, biking, hunting, fly fishing

Events

Festivals, Bethel Woods, Monticello Motor Club

Gaming

World-class gaming, dining & entertainment


LOGO

 

Joseph A. D’Amato

CEO and Director of empire Resorts, Inc.

Before Empire Resorts, Inc.

Chief Executive Officer of Mount Airy Casino Resort in Pennsylvania, and Chief Operating Officer and chief Financial Officer of the Seneca Gaming Corporation in Western New York

Former executive with the Resorts International, Trump Entertainment, Bally’s Park Place and Golden Nugget organizations


LOGO

 

The Experience


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A Full Range of Dining Options


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A Full Range of Entertainment Options


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Spa. Salon. Pool. Fitness Center.


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Independent Gaming Market Analysis by Global Gaming & Hospitality


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Global Gaming & Hospitality

Respected and proven Gaming Consultant

Total Gross Gaming Revenue

$271 Million Year One

$359 Million Year Ten

Total Revenue

$319 Million Year One

$422 Million Year Ten

Gaming Revenues expected to be recaptured from New York residents:

$54 Million Annually

Gross Total Revenues from out-of-state visitors:

$120 Milion Growing to $151 Million Over 5 Years


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PAYS


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MONTREIGN


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ME. ME.


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Laurette J. Pitts

COO, CFO and EVP of Empire Resorts, Inc.

Before Empire Resortd, Inc.

Regional Vice President of Finance and administration for American Racing and Entertainment , LLC

Chief Financial Officer for Mohegan Sun at Pocono Downs


LOGO

 

Construction Economic Impact

UNION WORK CONSTRUCTION HOURS 2.6 Million NUMBER OF JOBS 3029

DIRECT EMPLOYEE COMPENSATION $177 Million DIRECT ECONOMIC OUTPUT $594 Million

Committed ot use women, minorities and veteran during construction

Goal of 20% combined local, minority, woman, persons with disablilities and veteran workforce participation

Currently, Empire purchases 64% of goods and services from New York state vendors and plans to continue this trend


LOGO

 

MWVCE Contractor Outreach Event


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Workforce Promote the Development of a skilled and diverse work force:

Provide access to promotion opportunities

Create opportunites for citixen of Sullivan County

Outreach to local unemployed and under-employed residents

Workforce training and development

Tuition Reimbursement

On-Site Daycare

Employee Assistance Program


LOGO

 

Gaming Facility job Creation

FULL & PART TIME JOBS UP TO 2,400 ESTIMATED

UP TO $76 Million UP TO $340 Million

Direct Employment from Operations

Direct Employment Compensation from Annual Operations Direct Economic Output from Annual Operations

Committed to a diverse workforce

Goal of 30% combined minority, woman, persons with disablilities and veteran workforce participation


LOGO

 

Nanette L. Horner

Chief of the Company’s Responsible Gaming Committee

Member of the Board of Directors of the National Council on Problem Gambling and chair of the NCPG’s Membership Committee

Before Empire Resorts, inc.

Pennsylvania Gaming Control Board – Office of Chief Counsel assigned to the Bureau of Licensing

Pennsylvania Gaming Control Board’s first Director of the Office of Compulsive and Problem Gambling


LOGO

 

Responsible Gaming

Compulsive and Problem Gambling Plan:

Employee training – developed by the New York Council on Problem Gambling

TIPs training for responsible alcohol service

On-site information and printed materials

Signage

HOPELine


LOGO

 

Charles A. Degliomini

EVP of Governmental Affairs & Corporate Communications of Empire Resorts, Inc.

Director of the New York Gaming Association, and is on the Board of the Hudson Valley Economic Development Corporation


LOGO

 

Project Labor & Labor Peace Agreements

Project Labor and Labor Peace Agreements with Local Unions affiliated with the Hudson Valley Building and Construction Trades Council

Labor Peace Agreement with the New York Hotel & Motel Trades Council


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Partnerships Monticello Motor Club


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North America’s Premier Automotive Resort


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Partnerships Impacted Live Entertainment Venues

Upstate Theaters for a Fair Game: coalition that represents live entertainment venues in the State of New York

Bethel Woods Center for the Arts

Bardavon 1869 Opera House


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Bethel Woods Center for the Arts


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Historic Bardavon 1869 Opera House


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A catskills Destination. Reborn. Ready Now



Exhibit 99.2

EMPIRE RESORTS AND EPR PROPERTIES SHOWCASE $1 BILLION

ENTERTAINMENT LIFESTYLE COMPLEX TO THE NEW YORK GAMING

FACILITY LOCATION BOARD

September 10, 2014

MONTICELLO, N.Y — Empire Resorts, Inc. (NASDAQ-GM:NYNY) (together with its subsidiaries, “Empire”), through a wholly-owned subsidiary, Montreign Operating Company, LLC, in conjunction with its co-developer, EPR Properties (“EPR”) (NYSE:EPR) today presented their $1 billion entertainment project to the New York Gaming Facility Location Board (“Location Board”), including plans for a resort casino located 90 miles from New York City in the Town of Thompson, Sullivan County.

The Montreign Resort Casino will be located on the site of Adelaar, a four-season destination resort to be developed by EPR. Montreign is a planned 18-story casino, hotel and entertainment complex featuring an 80,000 sq. ft. casino (with 61 table games and 2,150 state-of-the-art slot machines), 391 luxury rooms designed to meet the 4-star and 4-diamond standards of Forbes® and AAA®, multiple dining and entertainment options, meeting and conference space and other resort amenities. Montreign Resort Casino, from an architectural, design and use-of-materials perspective, was designed to blend naturally with the pristine and beautiful environment of the Catskills.

Empire directors and officers, along with EPR’s President and CEO, gave a detailed 45-minute presentation to the Location Board in Albany yesterday afternoon featuring renderings, economic impact statements and videos. The multi-media presentation can be found at www.montreign.com.

Emanuel Pearlman, Empire’s Chairman of the Board stated, “We were very pleased to have had the opportunity to present our integrated entertainment and lifestyle complex to the Location Board. We presented a compelling case as to why we are the best choice to drive tourism back to the Catskills by offering something much more than a conventional casino. Adelaar, which is anchored by the Montreign Resort Casino, creates the synergy required for a twelve-month, four-season economic engine that will drive visitation to the Catskills from out-of-state, downstate and beyond.”

EPR President and CEO David Brain stated, “Today was the culmination of years of planning and working closely with all stakeholders to reimagine the Catskills as a world-class resort destination for gaming and entertainment. What our team presented is a project that is ready to begin almost immediately, has no financing contingency and is expected to create thousands of jobs generating millions of dollars in tax revenue for Sullivan County and New York State in the process.”

The Montreign Resort Casino is part of the larger Adelaar resort, a $1 billion four-season destination resort developed by an Empire subsidiary and EPR. Beautifully situated in the pristine Catskills, Adelaar is poised to become one of the most comprehensive destination gaming resorts in the northeastern United States, and will feature a variety of world-class leisure


and recreational options, including an Indoor Waterpark Lodge and adventure park, a Rees Jones-redesigned “Monster” Golf Course, restaurants and world-class shopping and entertainment. Located 90 minutes from New York City, Adelaar is expected to create more than 5,000 construction and permanent jobs in an area with one of highest unemployment rates in the state.

Because of the early and comprehensive planning of Adelaar, and the diligent pursuit of needed approvals, the Company is able to commence construction of Montreign upon award of a gaming license without delay. Many permits and approvals are already secured for Adelaar, generally, and for Montreign, specifically, and additional permits and approvals are being actively processed.

As part of the reimagined Catskills, Empire has entered into an exclusive agreement with Monticello Motor Club (“MMC”), North America’s Premier Private Racetrack and Country Club, making Montreign the only casino on the East Coast that would offer guests the experience of driving high-performance vehicles on MMC’s private 4.1-mile track.

In addition, Empire has teamed up with award-winning chef, author and TV personality Scott Conant to open his newest restaurant, Bistecca by Scott Conant, at Montreign. The Italian steakhouse will be a fine dining destination featuring a menu comprised of prime and Angus cut meats, fresh seafood, poultry and classic Italian dishes. The global wine list will be robust to accompany the menu, and will feature wines from New York, California, France, Italy, Chile and Argentina, among others.

Joining Empire and EPR at the presentation was renowned golf course architect “The Open Doctor” Rees Jones and award-winning Chef Scott Conant.

About Empire Resorts

Empire Resorts, Inc. owns and operates, through its subsidiary Monticello Raceway Management, Inc., the Monticello Casino and Raceway, a harness racing track and casino in Monticello, N.Y., and is 90 miles from midtown Manhattan. For additional information, please visit www.empireresorts.com.

Upon the awarding of a casino license from the New York State Gaming Commission, Empire will begin construction on Montreign – an 18-story casino, hotel and entertainment complex with 61 table games, 2,150 state of the art slot machines and 391 luxury rooms designed to meet 4-star and 4-diamond standards. For additional information, please visit www.montreign.com.

About EPR Properties

EPR Properties is a specialty real estate investment trust (REIT) that invests in properties in select market segments which require unique industry knowledge, while offering the potential for stable and attractive returns. Our total investments exceed $3.8 billion and our primary investment segments are Entertainment, Recreation and Education. We adhere to rigorous underwriting and investing criteria centered on key industry and property level cash flow standards. We believe our focused niche approach provides a competitive advantage, and the


potential for higher growth and better yields. Further information is available at www.eprkc.com. Renderings, tenant information and other details about Adelaar can be found at www.AdelaarNY.com.

# # #

This press release includes “forward-looking statements” intended to qualify for the safe harbor from liability established by the Private Securities Litigation Reform Act of 1995. These statements include statements about our plans, strategies, financial performance, prospects or future events and involve known and unknown risks that are difficult to predict. As a result, our actual results, performance or achievements may differ materially from those expressed or implied by these forward-looking statements. In some cases, you can identify forward-looking statements by the use of words such as “may,” “could,” “expect,” “intend,” “plan,” “seek,” “anticipate,” “believe,” “estimate,” “predict,” “potential,” “continue,” “likely,” “will,” “would” and variations of these terms and similar expressions, or the negative of these terms or similar expressions. Such forward-looking statements are necessarily based upon estimates and assumptions that, while considered reasonable by Empire, EPR and our respective management teams, are inherently uncertain. Factors that may cause actual results to differ materially from current expectations include, among others, levels of spending in business and leisure segments as well as consumer confidence; plans for signing and closing on definitive transaction documents; the construction commencement date for Montreign Resort Casino; relationships with associates and labor unions and changes in labor law; the financial condition of, and our relationships with, third-party property owners and hospitality venture partners; changes in the competitive environment in our industry and the markets where we operate; the timing of the receipt of regulatory and governmental approvals for the development project, including the issuance of a gaming facility license to Empire; changes in federal, state or local tax law; general volatility of the capital markets and our ability to access the capital markets to consummate the necessary financing. A more complete description of these risks and uncertainties can be found in our filings with the U.S. Securities and Exchange Commission. We caution you not to place undue reliance on any forward-looking statements, which are made as of the date of this press release. We undertake no obligation to update publicly any of these forward-looking statements to reflect actual results, new information or future events, changes in assumptions or changes in other factors affecting forward-looking statements, except to the extent required by applicable laws. If we update one or more forward-looking statements, no inference should be drawn that we will make additional updates with respect to those or other forward-looking statements.

Contact:

Charles Degliomini

Empire Resorts, Inc.

845-807-0001

cdegliomini@empireresorts.com

Brian Moriarty

Entertainment Properties Trust

888-EPR-REIT

brianm@eprkc.com

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