Resolutions: November 13, 2023

    RESOLUTION: OF THE AGENCY APPOINTING GIBBERS ESTATES LLC (“GIBBERS”) AND M E P WHOLESALERS CORP. (“M E P,” AND TOGETHER WITH GIBBERS COLLECTIVELY, THE “COMPANY”) AS ITS AGENT OF THE AGENCY FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING, INSTALLING, AND EQUIPPING THE PROJECT (HEREINAFTER DEFINED); MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO THE PROJECT; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGENT AND PROJECT AGREEMENT BETWEEN THE AGENCY AND THE COMPANY; AUTHORIZING THE AGENCY TO EXECUTE THE LEASE TO AGENCY (“LEASE”), LEASEBACK TO COMPANY (“LEASEBACK”), PAYMENT IN LIEU OF TAX AGREEMENT (“PILOT AGREEMENT”), AND RELATED DOCUMENTS WITH RESPECT TO THE ACQUISITION, CONSTRUCTION, INSTALLATION AND EQUIPPING OF THE PROJECT

    RESOLUTION: AUTHORIZING ENGAGEMENT OF STEVEN VEGLIANTE, ESQ. AS SPECIAL TRANSACTION COUNSEL FOR THE DIMIFINI-FALLSBURG, LLC PROJECT

    RESOLUTION: AUTHORIZING AN AMENDMENT OF THE EMPIRE RESORTS REAL ESTATE I, LLC (“ERREI”) PAYMENT IN LIEU OF TAXATION AGREEMENT TO EXTEND THE PILOT BENEFIT PERIOD BY TWO (2) YEARS

    RESOLUTION: AUTHORIZING AN AMENDMENT OF THE EMPIRE RESORTS REAL ESTATE II, LLC (“ERREII”) PAYMENT IN LIEU OF TAXATION AGREEMENT TO EXTEND THE PILOT BENEFIT PERIOD BY TWO (2) YEARS

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