Cappelli Enterprises Exchanges New Roc for City Center. Hope for Concord


 


WPCNR WHITE PLAINS LAW JOURNAL. From Cappelli Enterprises.(Edited) June 18, 2010:


Louis Cappelli and Entertainment Properties Trust, Mr. Cappelli’s  partner in the City Center (White Plains) and New Roc (in New Rochelle) and at his Concord property in the Catskills where he is attempting to raise financing have settled their legal dispute of some two years standing.


Pending an official statement from Mr. Cappelli, WPCNR in reviewing the following release from Cappelli Enterprises it appears, in the settlement announced today, Mr. Cappelli assumes exclusive control of City Center in White Plains and Entertainment Properties (of Kansas City) takes over total control over New Roc.


Geoff Thompson, spokesman for Mr. Cappelli notes late Friday evening that “he (Mr. Cappelli)  still owns the Marriott Hotel and the Lofts At New Roc and manages the parking garage. His residential properties are not affected by the settlement. EPT is not involved in those.”


Mr. Cappelli has also made a settlement with Entertainment Properties in settlement of  a loan he owed Entertainment Properties on the vast Catskill casino-to-be site, ceding a portion of the property to them with an option to purchase it back in a specified period of time, not revealed in the news release.  WPCNR observes the affect of this settlement on the Conoord property allows Mr. Cappelli to seek new financing for the project without the Entertainment Properties debt being an obstacle.


The terms effectively end the ongoing disputes. The settlements are:



·        Mr. Cappelli’s affiliate, LC New Roc LP, exchanged all of its interest in the entertainment retail center in New Rochelle, New York, for all of EPR’s  debt and equity interests in the entertainment retail center in White Plains, New York.



·        Mr. Cappelli’s affiliate, Concord Resort LLC, transferred the Concord Resort property (pending the payoff of EPR’s $56.25 million dollar loan with a bank), consisting of approximately 1,500 acres adjacent to the Concord Casino property which a Cappelli affiliate owns or controls, in exchange for the release from its obligations under a Promissory Note, dated August 20, 2008, in the original principal amount of $225.0 million payable to EPR, as amended, with an outstanding balance of $133.1 million. 


  Additionally, EPR granted an option to an affiliate of Concord Resort LLC to re-acquire the property for a two-year period at a purchase price of $143.0 million, plus accrued interest going forward.


 


·        EPR assigned to Mr. Cappelli’s affiliate, KBC Concord LLC, three additional Cappelli promissory notes with aggregate principal amounts of $30.0 million in exchange for an agreement by KBC to pay EPR up to $15.0 million from 50% of the available cash distributed to KBC from its minority interest in the Concord Casino project.  EPR previously recorded a loan loss reserve of $28.0 million for the above-described promissory notes.


 


·        EPR provided a binding commitment to The Union Labor Life Insurance Company to acquire a $30.0 million participation from The Union Labor Life Insurance Company in the first mortgage construction loan for the Concord Casino project, under the proposed Amended and Restated Master Credit Agreement, subject to certain closing conditions, including, but not limited to, a requirement that a major gaming company contribute not less than $100.0 million of equity into the project prior to any disbursements under the loan.  EPR’s commitment expires on December 31, 2010.


 



·        EPR paid cash and assumed liabilities totaling $3.7 million for the interests acquired, the acquisition of certain equipment and the payment of certain property obligations.


 


·        EPR and Mr. Cappelli, together with their affiliates, mutually released and settled all claims, obligations and liabilities, including all pending litigation.

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Press Barred Contacting City Officials Directly. Must Go Through Press Officer

WPCNR CITY HALL CIRCUIT. By John F. Bailey. June 18,2010:


A new policy in dealing with media inquiries has been issued at city hall, unannounced.


As of today Friday, all media inquiries from any outlet for information and news information from city officials must be directed through the city communications director, Antoinette Biordi. 


WPCNR became aware of this policy when I put in a call to Michael Genito, Commissioner of Finance to ask a question on the AIM funding from the state, a  $5 Million plus chunk of change that was in the present budget, now winding down. I was told by the person answering my call that from now on all questions for commissioners and officials of any department must be directed to the Communications Director, Ms. Biordi.


Previously in the first five months of the new administration, commissioners Joseph Nicoletti (Public Works), Albert Moroni (Parking), Mr. Genito, Susan Habel (Planning) and Chief of Staff John Callahan have been very accessible during the first five months of the new Bradley administration had been very free and accessible answering timely and returning calls. Now the timely advantage and ability to contact a commissioner directly has been terminated.


WPCNR called Ms. Biordi and asked for details on this new policy and why it was instituted, and for a statement from the Mayor or Mr. Callahan on the reason for the policy. Ms. Biordi issued the following statement:



“It was decided that this is the best and most effective way to answer media inquiries”


Presently all questions WPCNR left with Ms. Biordi yesterday afternoon have not been answered, one of which was since the Common Council has defunded Ms. Biordi’s position as Communications Director, effectively in two weeks is who would be the press contact wrangling the routine daily calls from the news-hungry media, unless there is a plan afoot to retain Ms. Biordi in another capacity by the administration. That question was also asked and Ms. Biordi said she did not know at this time.


During the campaign,the Adam Bradley message has promised an administration of transparency and an open administration.

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Jobs continue to Decline in Hudson Valley.


 

WPCNR LABOR LETTER. From New York State Department of Labor Analyst Johny Nelson. June 17,1010:

 

Private sector employment in the Hudson Valley decreased 14,900, or 2.1 percent, to 711,200 for the 12-month period ending May 2010.  Employment gains were focused in educational and health services (+2,300). 

 

Meanwhile, the largest job losses were centered in natural resources, mining and construction (-5,900), professional and business services (-3,100), manufacturing (-2,900), trade, transportation and utilities (-2,800), financial activities (-1,000), and information (-900). The government sector shed 2,100 jobs over the year.

 

The region’s job market continues to offer some hope for local job seekers as private sector employment decelerated by only 2.1 percent for the 12-month period ending in May 2010.  This is a significant improvement over May 2009 when the region posted an over-the-year loss of 4.1 percent.  

 

Although improvements are seen throughout most industry sectors, but continued weakness in the construction industry is a concern. Construction is currently the region’s leading industry decliner.

 

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Cohen Opens Fire on Oppenheimer. Chides $9.2 B from Pensions to Balance BUDG

WPCNR CAMPAIGN 2010 From the Cohen Campaign June 17,1010:


New York State Senate candidate and small business owner Bob Cohen, today condemned Senator Oppenheimer for the failure of the legislature to pass a budget over two and a half months past the deadline. The 2010-11 deadline for adoption was April 1, 2010.


“The fact that the legislature has not yet passed a budget speaks to the height of Albany’s dysfunction,” said Mr. Cohen. “We are quickly approaching the end of the first quarter of the year without a spending plan and no agreement is even in sight. A business could never operate that way and our government shouldn’t either. It’s abhorrent that Senator Oppenheimer and her colleagues have had to pass 11 emergency spending bills and nearly caused a catastrophic shutdown of state government.”


Mr. Cohen also blasted the Senate Majority’s support for the proposal to borrow money in an attempt to reconcile a $9.2 billion deficit.


“Any borrowing plan to plug the deficit is like trying to put a band aid on a gunshot wound,” Mr. Cohen continued. “Kicking the can down the road again just allows legislators to continue spending at rates the state cannot afford, but the bill will eventually come due. We need leaders in Albany who will make the tough choices to put New York back on solid fiscal ground.”


Mr. Cohen, 56, owns and operates a small real estate and construction company in Manhattan and is a 17-year member of the Scarsdale Volunteer Fire Department. He resides in Scarsdale with his wife Barbara.  They have three children Adam (25), Jessica (22) and Haley (17).


The 37th State Senate district includes the towns/villages/cities of Briarcliff Manor, Ossining, Chappaqua, New Castle, North Castle, Port Chester, White Plains, Rye, Rye Brook, Harrison, Mamaroneck, Larchmont, Scarsdale, and New Rochelle. 


The incumbent state senator has served 13 terms, and has held public office since 1977.


 


 

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