Access Agreement Resolution (Micron) 3-23 — Access-Agreement-Resolution.pdf

RESOLUTION
A regular meeting of the Onondaga County Industrial Development Agency was convened
in public session on March 23, 2023, at 8:30 a.m., local time, at 335 Montgomery Street, 2"4 Floor,
Syracuse, New York.
The meeting was called to order by the (Vice) Chairman of the Agency and, upon roll being
called, the following members of the Agency were:
PRESENT: Patrick Hogan
Janice Herzog
Susan Stanezyk
Kevin Ryan
ABSENT: Fanny Villarreal
ALSO PRESENT: Robert M. Petrovich, Executive Director
Jeffrey W. Davis, Esq., Agency Counsel
Amanda M. Fitzgerald, Esq., Agency Counsel
The following resolution was offered by Janice Herzog, seconded by Susan Stanczyk, to
wit:

RESOLUTION AUTHORIZING EXECUTION OF A
CERTAIN ACCESS AGREEMENT
WHEREAS, Onondaga County Industrial Development Agency (the “Agency”) is
authorized and empowered by the provisions of Chapter 1030 of the 1969 Laws of New York,
constituting Title 1 of Article 18-A of the General Municipal Law, Chapter 24 of the Consolidated
Laws of New York, as amended (the “Enabling Act”) and Chapter 435 of the Laws of 1970 of the
State of New York and Chapter 676 of the Laws of 1975, as amended, constituting Section 895 of
said General Municipal Law (said Chapter and the Enabling Act being hereinafter collectively
referred to as the “Act”) to promote, develop, encourage and assist in the acquiring, constructing,
reconstructing, improving, maintaining, equipping and furnishing of manufacturing, warchousing,
research, commercial and industrial facilities, among others, for the purpose of promoting,
attracting and developing economically sound commerce and industry to advance the job
opportunities, health, general prosperity and economic welfare of the people of the State of New
York (the “State”), to improve their prosperity and standard of living, and to prevent
unemployment and economic deterioration; and

WHEREAS, the Agency currently owns and is developing White Pine Commerce Park
(the “Park”) located northeast of the intersection of NYS Route 31 and Caughdenoy Road,
including the expansion to areas north and east generally located along NYS Route 31 and the east
and west sides of Burnet Road, all in the Town of Clay, Onondaga County, New York; and
WHEREAS, Micron Technology, Inc. or a related entity (the “Company”) desires to access
the Park for the purpose of performing endangered species surveys, noise studies, geotechnical
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investigation, wetland delineation and cultural resources review and investigation (collectively,
the “Inspections and Due Diligence”); and
WHEREAS, to enable the Company to undertake the Inspections and Due Diligence, the
Executive Director has recommended to the members of the Agency that the Agency grant the
Company access to the Park pursuant to an access agreement (the “Access Agreement”); and
WHEREAS, in accordance with the requirements of Article 8 of the Environmental
Conservation Law, Chapter 43-B of the Consolidated Laws of New York as amended (the “SEQR
Act”) and the regulations (the “Regulations”) adopted pursuant thereto by the Department of
Environmental Conservation of the State of New York being 6 NYCRR Part 617, as amended (the
“Regulations collectively with the SEQR Act, “SEQRA”), the Agency has reviewed the Access
Agreement with respect to the Type II criteria set forth in 6 NYCRR Part 617.5(c).

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE ONONDAGA
COUNTY INDUSTRIAL DEVELOPMENT AGENCY AS FOLLOWS:
Section 1. The Access Agreement is a Type II action under 6 NYCRR Part 617(c) such
that no further review of the Access Agreement is required under SEQRA.
Section 2. The Executive Director of the Agency is hereby authorized, on behalf of the
Agency and upon the advice of the Agency’s counsel, to execute and deliver the Access
Agreement, in a form or forms to be approved by the Executive Director, upon the advice of
Agency counsel, the execution thereof to constitute conclusive evidence of such approval.
Section 3. This Resolution shall take effect immediately upon adoption.
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The question of the adoption of the foregoing Resolution was duly put to a vote on roll call,
which resulted as follows:

AYE NAY ABSENT
Patrick Hogan x
Janice Herzog x
Susan Stanczyk x
Kevin Ryan x
Fanny Villarreal x
The Resolution was thereupon declared duly adopted.
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STATE OF NEW YORK )
) ss.:
COUNTY OF ONONDAGA )
I, the undersigned Secretary of the Onondaga County Industrial Development Agency, DO
HEREBY CERTIFY that I have compared the foregoing extract of the minutes of the meeting of
the members of the Agency, including the Resolution contained therein, held March 23, 2023, with
the original thereof on file in my office, and that the same is a true and correct copy of such
proceedings of the Agency and of such Resolution set forth therein and of the whole of said original
so far as the same relates to the subject matter therein referred to.
I FURTHER CERTIFY that (A) all members of the Agency had due notice of said meeting,
(B) said meeting was in all respects duly held, (C) pursuant to Article 7 of the Public Officers Law
(the “Open Meetings Law”), said meeting was open to the general public and due notice of the
time and place of said meeting was duly given in accordance with such Open Meetings Law, and
(D) there was a quorum of the members of the Agency present throughout said meeting.
I FURTHER CERTIFY that as of the date hereof, the attached Resolution is in full force
and effect and has not been amended, repealed, or rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand this a 7 day of March, 2023.
Dopey rey
(SEAL) Nancy Lowery, Sécretary
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