1990
Southgate Shopping Center's "Easements with Covenants and Restrictions" adopted, they include a prohibition on theaters and other places of recreation and amusement. It is signed by two major property owners in the mall - Glenbrook Corp. and Wal-Mart. J.C. Penney signs later.
1990
Southgate Shopping Center property owners Glenbrook Corp. and Wal-Mart adopt "Easements with Covenants and Restrictions." Rules include a prohibition on places of recreation and amusement. J.C. Penney signs later when it moves into the center.
1991
Wal-Mart moves into Southgate Shopping Center on South Carson Street.
2001
Wal-Mart announces a plan to expand into groceries. This conflicts with a deed restriction on the property.
Negotiations with Raley's to change the rules fail; Wal-Mart plans to vacate and sell its 4209 S. Carson St. location.
2002
March
Max Baer offers to buy the Wal-Mart building for a casino/hotel/theater, including a contingency that Southgate rules be amended to allow his development.
Glenbrook President Shelly Aldean, acting as Baer's broker, supports his plan. She requests J.C. Penney sign a letter of support to amend the rules, allowing Baer to develop his project. Glenbrook signs the letter, Baer signs the letter, Penney does not.
April
Aldean continues to support Baer's plan. She requests Penney send her a written confirmation that the retailer has no objection to a casino/hotel/theater.
Wal-Mart rejects Baer's offer, saying it doesn't want a contingency. The property is put back on the market.
May
Dale McDonough, of J.C. Penney's real estate department, responds that it wants retail in that spot; but if Baer agrees to protect Penney's downside in case of adverse business effects, his department will recommend to its top executives that the rules be changed. McDonough requests a "three-year put" to allow the casino/hotel/theater to go forward. A 'put' is a guarantee that Baer would have to buy out Penney within three years if its business is adversely affected.
Shelley resigns as Baer's broker. In her letter she gives no reason, but says she continues to support him moving into the old Wal-Mart.
Baer says he met with McDonough in Las Vegas at the Paris Hotel in late May at a shopping center convention and accepted terms and conditions of 'put' agreement. Nothing is put in writing.
June-July-August
Wal-Mart in Carson City closes, opens in Douglas County.
Retired businessman Jerry Vacarro submits offer to buy the building. His bid is accepted.
Baer's talks with J.C. Penney concerning changing the rules end because Vacarro is going to buy old Wal-Mart.
November-December
Baer talks to J.C. Penney concerning buying their location.
Baer says he contacted Aldean and asked her to buy J.C. Penney for him.
Vacarro violates contract with Wal-Mart, takes issue to court. He puts a lien on Wal-Mart property.
2003
January
Vacarro, unable to close the deal with Wal-Mart, takes the issue to court. He puts a lien on the Wal-Mart property.
Aldean says to Baer that she still supports his idea, but recommends he find another location. She doesn't want to lose Penney as an anchor at Southgate.
Property goes back on the market, with a gaming restriction.
Developer John King and Glenbrook submit offers to buy Wal-Mart. Baer says he had King buy it to try to avoid the gaming restriction.
Wal-Mart accepts King's bid on the property; a deed restriction on gaming is still included.
March - June
Aldean supports King's purchase of the property, inquires to what type of development he is pursuing. Offers to assist him in finding a tenant.
Lien is cleared from Wal-Mart property after court case with Vacarro. Aldean discovers that King is buying the property for Baer. In a June 3 letter to King she said "gaming at this location would not afford the same benefits to the shopping center or to the city as a more traditional retail use."
King negotiates to remove the gaming restriction, pays $480,000 to Wal-Mart to have it removed. Wal-Mart sale closes to King for $4.3 million.
august
Baer buys Wal-Mart from King for $4.3 million. He unveils his plan to develop a casino/hotel/theater, pending an amendment to shopping-center rules.
Baer releases plan to the public to develop a casino/hotel/theater, construction pending the amendment to shopping center rules.
Baer says he met with Aldean, Randy Nahas and Ron Nahas of Glenbrook, who declined to amend rules because of concern about the affect of a casino. Baer says he believed Glenbrook would honor the March 22, 2002, letter, where they agreed to sign off of the rules that would allow him to develop.
December
Baer files a lawsuit against Glenbrook and Penney. He argues shopping center rules don't clearly exclude a gaming operation.
2004
august
A Carson City judge rules in favor of Penney and Glenbrook, saying all three property owners have to agree to change the rules.
2005
Former Wal-Mart property remains undeveloped.
Glenbrook and Penney push for retail development at the site.
Baer says he will develop only his Hillbillies Casino. He rejects an offer from Wal-Mart to repurchase its building for use as a Sam's Club.
Sources: City records, Baer, Aldean and Carson City First Judicial District Court documents filed in Max Baer Productions v. Glenbrook and J.C. Penney.
