[MRMI LETTERHEAD] March 30, 2012
Exhibit 10.1
[MRMI LETTERHEAD]
March 30, 2012
Gregory K. Silvers
EPT Concord II, LLC
c/o Entertainment Properties Trust
909 Walnut Street, Suite 200
Kansas City, Missouri 64106
Dear Mr. Silvers:
Reference is made to that certain Option Agreement, dated as of December 21, 2011, between EPT Concord II, LLC (EPT), as owner of the Property described therein, and Monticello Raceway Management, Inc. (MRMI; together with EPT, collectively, the Parties), as tenant, a copy of which is attached hereto as Exhibit A (the Option Agreement), with respect to MRMIs option to lease the Property in accordance with the terms set forth in the form of lease attached thereto as Exhibit B. The Parties hereby agree to amend the Option Agreement to extend the MDA Outside Date (as defined therein) by thirty (30) days, such that the MDA Outside Date (as defined therein) shall mean April 30, 2012. Neither EPT nor MRMI (nor any of their respective permitted successors or assigns) shall have the right to terminate the Option Agreement prior to the MDA Outside Date as extended by this letter agreement. Furthermore, the Parties agree to amend the Option Agreement to extend the term of the Option Exercise Period (as defined therein) by thirty (30) days, such that the Option Exercise Period End Date (as defined therein) shall mean July 21, 2012 (as the same may be extended pursuant to Section 1(b) of the Option Agreement). Except for the extension of the MDA Outside Date and the Option Exercise Period End Date, the Option Agreement is unamended and remains in full force and effect.
[SIGNATURE PAGE FOLLOWS]
If the foregoing accurately sets forth your understanding of our agreement, please indicate your concurrence by signing in the space provided below and returning one copy of this letter to the undersigned. We look forward to continuing to work with you to complete the master development plan expeditiously.
Very truly yours, | ||
Monticello Raceway Management, Inc. | ||
By: | /s/ Laurette J. Pitts | |
Name: Laurette J. Pitts | ||
Title: Chief Financial Officer |
Accepted and agreed to as of
the 30th day of March, 2012:
EPT Concord II, LLC | ||
By: | /s/ Gregory K. Silvers | |
Name: Gregory K. Silvers | ||
Title: Vice President |
With notice to:
EPT Concord II, LLC
c/o Entertainment Properties Trust
909 Walnut Street, Suite 200
Kansas City, Missouri 64106
Attention: Asset Manager
And copies to:
Entertainment Properties Trust
909 Walnut Street, Suite 200
Kansas City, Missouri 64106
Attention: General Counsel
and
Fried, Frank, Harris, Shriver & Jacobson LLP
One New York Plaza
New York, New York 10004
Attention: Harry R. Silvera, Esq.