Annual report pursuant to Section 13 and 15(d)

Notes Receivable, Tribal Governments

v2.4.0.6
Notes Receivable, Tribal Governments
12 Months Ended
Dec. 31, 2011
Notes Receivable, Tribal Governments [Abstract]  
NOTES RECEIVABLE, TRIBAL GOVERNMENTS

4. NOTES RECEIVABLE, TRIBAL GOVERNMENTS

The Company has notes receivable related to advances made to, or on behalf of, Nambé Pueblo to fund tribal operations and development expenses related to potential casino project. Repayment of this note is conditioned upon the development of the project, and ultimately, the successful operation of a casino. Subject to such condition, the Company’s agreements with the Nambé Pueblo tribe provide for the reimbursement of these advances plus applicable interest, if any, either from the proceeds of any outside financing of the development, and the actual operation itself.

As of December 31, 2011 and 2010, note receivable from tribal governments were as follows:

 

      September 30,       September 30,  
    2011     2010  
     

Contractual (stated) amount of Nambé Pueblo note receivable

  $ 661,600     $ 661,600  
   

 

 

   

 

 

 

Estimated value of Nambé Pueblo note receivable

  $ —       $ 427,567  
   

 

 

   

 

 

 

In the first quarter of 2008, the Company received notice that the Nambé Pueblo tribal council had effectively terminated the business relationship with Full House. The development agreement between the Company and the Nambé Pueblo provides that the Company is entitled to recoup its advances from future gaming revenues, even if the Company does not ultimately develop the project. The Company is in discussions with the Nambé Pueblo and the developer to determine the method and timing of the reimbursement of our advances to date of $0.7 million. Management is currently engaged in assisting the Nambé Pueblo in the process of obtaining financing to develop a small casino or slot parlor addition to their existing travel center. The financing process has proceeded more slowly than expected and in light of current economic conditions and credit market weaknesses, there can be no assurance that a facility will ever open or that the Company will receive all, or any, payment on the note receivable. With due consideration to the foregoing factors, management fully reserved the value of the note receivable from the Nambé Pueblo to $0 and recognized the impairment of the note receivable during the third quarter of 2011.

 

The following table summarizes changes in the estimated fair value of notes receivable from tribal governments, determined using level 3 estimated fair value inputs, from January 1, 2011 to December 31, 2011:

 

      September 30,  
    Nambé Pueblo  
   

Balances, January 1, 2011

  $ 427,567  

Impairment loss

    (419,703

Unrealized losses

    (7,864
   

 

 

 

Balances, December 31, 2011

  $ —    
   

 

 

 

The FireKeepers Casino opened on August 5, 2009. Although certain distributions (including a minimum guaranteed monthly payments to the Tribe of $0.05 million, a preferred payment to the Tribe of $0.2 million and repayment of loan principal to be paid out of the Tribe’s share of net revenues) will be paid from net revenue prior to the payment to the Company of the management fee, the Company believes the property will generate sufficient revenues to pay the management fee equal to 26% of net revenues monthly.

The recent economic recession and resulting impact on credit availability has significantly decreased the likelihood that financing could be obtained on favorable terms if at all for the Montana project in the foreseeable future. As a result, we believe that the project assets are impaired and collectability is doubtful and the fair value of the notes receivable originally valued at $0.6 million and contract rights originally valued at $0.1 million related to the project were written down to zero value as of December 2009, which resulted in a $0.7 million impairment loss. As of December 31, 2010 the project assets were written-off.

The following table summarizes the changes in the estimated fair value of notes receivable from tribal governments, based on level 3 inputs, from January 1, 2011, to December 31, 2011:

 

      September 30,       September 30,       September 30,  
    2011  
    Total     FireKeepers
Development
Authority
    Other
tribes
 

Balances, January 1, 2011

  $ 427,567     $ —       $ 427,567  

Unrealized gains

    (7,864     —         (7,864

Impairment Losses

    (419,703     —         (419,703
   

 

 

   

 

 

   

 

 

 

Balances, December 31, 2011

  $ —       $ —       $ —    
   

 

 

   

 

 

   

 

 

 

 

      September 30,       September 30,       September 30,  
    2010  
    Total     FireKeepers
Development
Authority
    Other
tribes
 

Balances, January 1, 2010

  $ 5,112,887     $ 4,682,420     $ 430,467  

Unrealized gains

    314,680       317,580       (2,900

Repayment of notes receivable

    (5,000,000     (5,000,000     —    
   

 

 

   

 

 

   

 

 

 

Balances, December 31, 2010

  $ 427,567     $ —       $ 427,567