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PHONE: 315.435.3770 FAX: 315.435.3669 WWW.ONGOVED.COM Special Meeting Agenda September 22, 2020 8:00AM Call to Order the Special Meeting of the Agency A. Conflict of Interest Action Items 1. Empire Polymer Holdings LLC & Empire Polymer Solutions, LLC (3101-20-19A ): Initial Meeting Empire Polymer Solutions is proposing to purchase, renovate and construct an existing 205,000 sq. ft. facility to be used to process and manufacture goods from recycled plastics. This project is in the Town of Van Buren at the former Syroco location. The applicant is requesting exemptions from certain sales and use taxes, mortgage recording taxes, real property taxes and real estate transfer taxes.
Agency Action Requested:
a. A Resolution of the Board authorizing a public hearing.
Representative: Jeff Davis, Barclay Damon, LLC 2. Milton Real Properties of Massachusetts, LLC & Southworth-Milton, Inc (DBA Milton CAT) (3101-20-18A) Milton CAT is proposing to construct a 75,000-85,000 square feet of new contruction in the Town of Cicero. The applicant is requesting exemptions from certain sales and use taxes. Agency Action Requested:
a. Resolution of the Board authorizing a public hearing.
Representative: Bradlee Farrin, Corporate Facilities Manager, Milton CAT 1
CF Anaconda SYR LLC is requesting Board approval to lease the Project Facility to Amazon.com Services LLC.
Agency Action Requested:
a. A Resolution of the Board approving a lease of a project facility from CF Anaconda Syr LLC to Amazon.com Services LLC.
Representative: Timothy Pecci, CF Anaconda
Agency Action Requested:
a. A Resolution of the Board authorizing the Executive Director to enter into Land Options. Representative: Robert Petrovich, Executive Director, OCIDA
OCIDA Board to approve grants to small businesses and not-for-profits to be used to reimburse costs incurred to comply with the COVID-19 health and safety requirements. Representative: Robert Petrovich, Executive Director, OCIDA 2 Onondaga County Industrial Development Agency Project Summary 9/8/2020 1. Project Milton Cat 2020 Expansion 2. Project Number 3101-20-18A 3. Location Town of Cicero 4. School District North Syracuse (CNS)
5. Tax Parcel(s) 055.-03-01.0 & 055.-03-02.0 Village - 7.Total Project Cost $ 26,000,000.00 8. Total Jobs 109 Land $ 950,000 8A. Job Retention 109 Site Work $ 5,000,000 8B: Job Creation 0 Building $ 13,000,000 (Next 5 Years) Furniture & Fixtures $ 1,000,000 Equipment $ 3,500,000 Equipment Subject to NYS Production Exemption $ - Engineering/Architecture Fees $ 1,000,000 Financial Charges $ - Legal Fees $ 50,000 Other $ - Cost Benefit Analysis Milton Cat 2020 Expansion Project Description Fiscal Impact ($) Abatement Cost $1,040,000 Sales Tax $1,040,000 Mortgage Tax $0 Property Tax Relief (PILOT) $0 New Investment $21,169,850 PILOT Payments $0 Project Wages (10 years) $0 Milton CAT is proposing to construct 75,000 - 85,000 square feet of new construction at 7285 Construction Wages $1,958,850 Eastman Road in Cicero NY Employee Benefits (10 years) $0 Project Capital Investment $18,950,000 New Sales Tax Generated $0 Agency Fees $261,000 Benefit:Cost Ratio 20.36 :1 Milton CAT – 7285 Eastman Road The proposed project will be located at 7285 Eastman Road, Cicero and represents a $26,000,000 investment by Milton Cat. The proposed facility will be between 75,000 – 85,000 sq. ft. of buildings on 20 acres of land. This location will be shared by Milton Cat and SITECH Northeast. It is driven by three factors – the space to allow for expansion, the need for a more modern, engaging customer experience environment, and the ability to create a best in class work space for employees.
While our current location at Ainsley Drive has served us well for the last 20 years, the accessibility and roadways to the 60+ year-old location create transportation challenges specific to our business, and the structure and layout no longer meet the levels of our other locations or the needs of the market. Our current and future infrastructure requirements will be more than satisfied with our Eastman Road facility and footprint. Please note, that some operations will remain at the Ainsley Drive location.
From our Cicero location we will be able to better serve a wide variety of industries from 14 counties. Customers from our earthmoving side of the business include landscapers, farms, site developers, bridge, highway and utility contractors, paving firms, forestry companies, aggregate producers, a salt mine, town, village and county municipalities and Fort Drum. Our power systems side of the business serves an equally diverse base of customers with the common thread being that they require reliable, sometimes critical-demand power – hospitals, banks, data centers, municipalities, on-highway trucks and many rental applications.
The new facility will also serve as corporate headquarters for SITECH Northeast, a sister company to Milton CAT, that sells and supports the technology and automation side of our earthmoving business. SITECH Northeast has been experiencing double-digit sales growth over the last seven years and has been filling good-paying, technology-based positions at the same rate.
The Milton CAT Syracuse location has a strong relationship with the NY BOCES program and a number of Diesel technology schools, in particular SUNY Morrisville. Our company has a robust internship and cooperative program to train technicians, many of whom we hire. These programs and the ability to teach technicians and other job roles will improve tremendously with the Cicero facility.
Design and construction decisions for the Eastman Road site will be handled by our corporate facilities department and every effort will be made to hire local to the job site. The culture of Milton CAT is to have as many decisions made by local management as possible and this will result in the hiring of local vendors and suppliers after the Cicero facility is complete. The successful completion of this project is critical to the continued financial success and associated employment for Milton CAT’s CNY operations. The financial assistance detailed in this application enables this project to succeed.
Milton CAT provides unique goods and services for our customers. A substitute provider of these goods and services is not available in the Town of Cicero or Onondaga County. The successful completion of this project will make these goods and services available to the Town of Cicero and County of Onondaga that would not otherwise be available.
Milton CAT has a strong track record of being a good community member supporting numerous charities, causes and foundations. Milton CAT also prides itself on being a good equal opportunity employer, offering training, opportunity for growth, and a highly competitive health and benefits package.
It is the policy of the Agency that any project receiving benefits from the Onondaga County Industrial Development Agency will utilize 100% local contractors and local labor for the construction period of the project unless a waiver is granted in writing by the Agency. Return to:
Onondaga County Industrial Development Agency Attn: Nate Stevens 333 W . Washington Street, Suite 130 Syracuse, NY 13202 Phone: 315 -435-3770 | Fax: 315-435-3669 nstevens@ongov.net
Please answer all questions. Use None , “ Not Applicable” and “ See Attached” where necessary.
A) Applicant information-company receiving benefits:
Applicant Name: Southworth-Miltan , Inc. ( DBA Milton CAT)
Applicant Address: too Quarry Drive, Milford , MA 01757 Phone: 508-634-3400 Fax:
Website: www.miltoncat.com E-mail : Federal ID#: 02-0258444 NAICS: 423810 State and Year of Incorporation/Organization: New Hampshire i 960 Will a Real Estate Holding Company be utilized to own the Project property/ facility? ElYes DNO What is the name of the Real Estate Holding Company : Milton Real Properties of Massachusetts, LLC Federal ED#: 04-3497603 State and Year of Incorporation/Organization: New Hampshire 1999 List of stockholders, members, or partners of Real Estate Holding Company:
Christopher G. Milton, Laura E. Milton 2017 Irrevocable Trust, Anna Louise Milton 2017 Irrevocable Trust, Keith Culver Milton 2017 Irrevocable Trust B) Individual Completing Application:
Name: Stephen A . Boyd Title: Vice President - Chief Financial Officer Address: 100 Quarry Drive, Milford , MA 01757 Phone: (508) 634 - 5570 Fax: E-mail : steve_boyd @miltoncat.com Onondaga County Industrial Development Agency Page 2 C) Company Contact (if different from individual completing application):
Name: Bradlee T. Farrin Title: Corporate Facilities Manager Address: 109 Quarry Drive, Milford, MA 01757 Phone: (508) 634 - 5830 Cell Phone: (508) 958 - 6111 E-mail: brad_farrin@miltoncat.com D) Company Counsel:
Name of Attorney: Jeremy H. Speich, Esq.
Firm Ncirnci Harris Baach PLLC Address: 677 Broadway, Suite 1101, Albany, NY 12207 Phone: (518) 701 - 2737 Cell phone:
E-mail: jspeich@HarrisBeach.com E) Business Organization (check appropriate category):
DPublic Corporation 0Joint Venture
Others (please specify):
Year Established: 1960 State in which Organization is established: New Hampshire F) List all stockholders, members, or partners with % of ownership greater than 5% : Name % of ownership Christopher G. Milton 51% Keith Culver Milton 2017 Irrevocable Trust 10% William B. Swasey 2017 Irrevocable Trust 19% Laura E. Milton 2017 Irrevocable Trust 10% Anna Louise Milton 2017 Irrevocable Trust 10% Onondaga County Industrial Development Agency Page 3 G) Applicant Business Description:
Please attach a description of your company s background, products, customers, goods and services. Estimated % of sales within Onondaga County: 5% Estimated % of sales outside Onondaga County but within New York State: 27 % Estimated % of sales outside New York State but within the U.S.: 68 % Estimated % of sales outside the U.S.: % ( Percentage to equal 100%) H) What percentage of your total annual supplies, raw materials and vendor services are purchased from firms in Onondaga County. Include list of vendors, raw material suppliers and percentages for each. Provide supporting documentation including estimated percentages of local purchases. Please attach this information.
I) Applicant History: If the answer to any of the following is Yes , please explain below. If necessary, attach additional information.
plaintiff or defendant in any civil or criminal litigation?
Yes 0No
criminal offense (other than a minor traffic violation)? Yes 0No 3. Has any person listed in Section I ever been in receivership or declared bankruptcy? DYes 0No Please attach any explanations:
J) Has the Project Beneficiary received assistance from OCIDA, SIDA, New York State or the Onondaga Civic Development Corporation in the past? If yes please attach an explanation and please give year, project name, description of benefits and address of project. DYes 0No Onondaga County Industrial Development Agency Page 4
A) Project Location: Location where the investment will take place. If company is moving, the new location should be entered here and the current location should be in Section I. Address: 7285 & 7309 Eastman Road Legal Address (if different):
City: Village/Town: Cicero Zip Code: School District: North Syracuse Tax Map Parcel ID(s): - - - -
Current Assessed Value: $115,000.00 Sq. Footage of Existing Building: N/A Census Tract: 010321 B) Type (Check all that apply):
ElNew construction DPurchase of machinery and /or equipment DExpansion /Addition to current facilities DBrownfield/Remediated Brownfield ORenovation of existing facility LEED Certification OAcquisition of existing facility/property Dother:
QDemolition and Construction C) Please attach a summary of how this project will help your business grow. Will it set the company up for revenue growth? Will it mitigate cost? Will it provide more flexibility? D) Description of Project: Please provide a detailed narrative of the proposed Project. This narrative should include, but is not limited to:
D (i) the size of the Project in square feet and a breakdown of square footage per each intended use;
D ii) the size of the lot upon which the Project sits or is to be constructed; ( D (iii) the current use of the site and the intended use of the site upon completion of the Project;
D (iv) the principal products to be produced and /or the principal activities that will occur on the Project site; and D (v) an indication as to why the Applicant is undertaking the Project and the need for the requested benefits. Please separately attach the description and any copies of site plans, sketches or maps.
Onondaga County Industrial Development Agency Page 5 E) Select Project Type for all end users at Project site (you may check more than one): **Please check any and all end users as identified below ☐ Industrial ☐Bank Office ☐ Acquisition of Existing Facility ☐Retail ☐ Housing ☐Mixed Use ☐ Equipment Purchase ☐Facility for Aging ☐ Multi-Tenant ☐Civic Facility (not for profit) ☐ Commercial ☐Other Specialty Sales and Service of Heavy Construction Equipment F) For the Agency to consider this Project, please provide the following information: 1. Does the project consist of new construction or expansion or substantial renovation of an existing facility?
☐Yes ☐No 2. Will the project create new employment opportunities or retain existing jobs that may otherwise be lost?
☐Yes ☐No 3. Does the project beneficiary serve a customer base primarily outside of Onondaga County?
☐Yes ☐No G) Will the completion of the Project result in the removal of an industrial or manufacturing plant of the company from one area of the state to another area of the state OR in the abandonment of one or more plants or facilities of the company located within the state? Please explain if you answer “Yes” by attaching a response.
☐Yes ☐No H) Please attach a description of any compelling circumstances the Agency should be aware of while reviewing this application.
I) Environmental Information 1. Please attach the appropriate Environmental Impact Forms to your application. Here is a link to the SEQR forms:
a. http://www.dec.ny.gov/permits/6191.html
☐Yes ☐No If yes, please attach an explanation.
Onondaga County Industrial Development Agency Page 6
A) Project Costs and Finances Description of Costs Total % of Total Total Private Expenditure Budget Budget to be (should be less than or Amount Procured in equal to total budget Onondaga amount) County Land Acquisition 950 ,000 100% Site Work/Demo 5,000,000 100% Building Construction & Renovation 13, 000 , 000 100% (if available) Furniture & Fixtures 1,000,000 50% Equipment 3,500,000 50% Equipment Subject to NYS Production Sales Tax Engineering/Architect 1,000,000 25% Financial Charges Legal 50,000 0% Other Management/Developer Fees 1,500,000 50% Total Project Cost 26,000,000 Note: Do not include OCIDA fees, OCIDA application fees or OCIDA legal fees as part of the Total Project Cost. You may attach a separate chart if needed.
B ) TOTAL Capital Costs $ 26 ,000,000 Project refinancing: estimated amount (for refinancing of existing debt only) $ Sources of Funds for Project Costs:
1. Bank Financing $ 2. Equity (excluding equity that is attributed to grants/tax credits) $ 100 % equity
Onondaga County Industrial Development Agency Page 7
and tax credits) $ -Identify each state and federal grant/credit:
$ $ $ 6. Total Sources of Funds for Project Costs $ C) Employment and Payroll Information *Full Time Equivalent (FTE) is defined as one employee working no less than 40 hours per week or two or more employees together working a total of 40 hours per week.
No If yes, provide number of FTE jobs at the facility:
Estimate the number of FTE jobs to be retained as a result of this Project: 109 Estimate the number of construction jobs to be created by this Project: 45 Estimate the average length of construction jobs to be created (months): 12 - 18 months Current annual payroll at facility: $8,500,000 Average annual growth rate of wages: 3.5% Please list, if any, benefits that will be available to either full and/or part time . . . . . Medical Dental, 40IK Pension Plan Lite Insurance, long & Shat TcfmDiMfcEty Vacaton Paid Me employees:
Average annual benefit paid by the company ($ or % salary) per FTE job: Variable Average growth rate of benefit cost: 5% Amount or percent of wage employees pay for benefits: Variable Provide an estimate of the number of residents in the Economic Development Region (Onondaga, Madison, Cayuga, Oneida, Oswego, and Cortland Counties) to fill new FTE iobs:
Onondaga County Industrial Development Agency Page 8 D ) New Employment Benefits i. Complete the following chart indicating the number of FTE jobs presently employed at the Project and the number of FTE jobs that will be created at the Project site at the end of the first, second, third, fourth and fifth years after the Project is completed. Jobs should be listed by title of category (see below), including FTE independent contractors or employees of independent contractors that work at the Project location. Do not include construction workers.
ii. Feel free to include additional information or a substitute chart if you think additional material would add clarity.
Current & Planned Full Salary Current Estimated Number of FTE Jobs Time Occupations (Job (Annual or Number of added each year after aroiect Titles) Hourly) FTEs Year 1 Year 2 Year 3 Year 4 Year 5 Management 170 , 000 5 Supervisors 80 ,000 12 Sales People 91 , 000 29 Service Technicans 85, 000 39 Warehouse 55, 000 6 Office Support-Salary 98, 000 6 Office-Support-Hourly 60 , 000 12 Job Creation Subtotal 109 For purposes of completing the chart, please list the job titles that will be increasing in number. If possible, please attach a brief description that outlines what each job entails. If you prefer, you may attach a job chart of your own that outlines the job growth projections regarding the project.
E ) Financial Assistance sought (estimated values):
DReal Property Tax Abatement (PILOT):
D Mortgage Recording Tax Exemption (.75% of amount mortgaged):
0 Sales and Use Tax Exemption (4% Local, 4% State): 1.040,000 D Tax Exempt Bond Financing (Amount Requested):
D Taxable Bond Financing (Amount Requested):
Onondaga County Industrial Development Agency Page 9 F) Mortgage Recording Tax Exemption Benefit Calculator: Amount of mortgage that would be subject to mortgage recording tax:
Mortgage Amount (include sum total of construction/permanent/ bridge financing): $ Estimated Mortgage Recording Tax Exemption Benefit (product of mortgage amount as indicated above, multiplied by .0075): $ G ) Sales and Use Tax Benefit Calculator: Gross amount of costs for goods and services that are subject to State and local Sales and US tax said amount to benefit from the Agency s Sales and Use Tax exemption benefit:
$ 13,000,000 Estimated State and local Sales and Use Tax Benefit (product of 8% multiplied by the figure, above) (This should match the amount in section E on this page, this calculation only exists to help you with your estimate):
$ 1,040,000 Onondaga County Industrial Development Agency Page 10
Section IV of this Application will be: (i) completed by IDA Staff based upon information contained within the Application, and (ii) provided to the Applicant for ultimate inclusion as part of this completed Application prior to the completed application being provided to the OCIDA Board.
A) PILOTS Estimate Table Worksheet OCIDA estimate of current value New construction and renovation costs OCIDA estimate of increase in value OCIDA estimated value of completed project OCIDA estimate of taxes that would have been collected if the project did not occur Scheduled PILOT payments PILOT Exemption County Local School Total Full Tax Net Exemption Year % PILOT PILOT PILOT PILOT Payment Amount Amount Amount w/o PILOT
Estimates provided are based on current property tax rates and assessment value (current as of date of application submission) and have been calculated by IDA staff Onondaga County Industrial Development Agency Page 11
In absence of a waiver permitting otherwise, every project seeking the assistance of the Onondaga County Industrial Development Agency (Agency) must use local general contractors, sub ¬ contractors, and labor for one-hundred percent (100%) of the construction of new, expanded, or renovated facilities. The project s construction or project manager need not be a local company. Noncompliance may result in the revocation and /or recapture of all benefits extended to the project by the Agency. Local Labor is defined as laborers permanently residing in the State of New York counties of Cayuga, Cortland, Herkimer, Jefferson, Madison , Oneida, Onondaga, Oswego, Tompkins, and Wayne. Local (General/Sub) Contractor is defined as a contractor operating a permanent office in the State of New York counties of Cayuga, Cortland, Herkimer, Jefferson, Madison, Oneida, Onondaga, Oswego, Tompkins and Wayne. The Agency may determine on a case-by-case basis to waive the Local Access Policy for a project or for a portion of a project where consideration of warranty issues, necessity of specialized skills, significant cost - differentials between local and non local services or other compelling circumstances exist. The procedure to address a local labor waiver can be found in the OCIDA handbook, which is available upon request.
- Prior to issuance of any NYS Tax & Finance ST 60 forms, the Applicant must submit a Contractor Status Report to the Agency.
In consideration of the extension of financial assistance by the Agency southworth-Miiton , me. (DBA MMon cat) Company) understands the Local Access Policy and agrees to complete Appendix C of the Agency s application at the time of the application to the Agency and as part of a request to extend the valid date of the Agency’s tax-exempt certificate for the Project. The Company understands that an Agency tax-exempt certificate is typically valid for 12 months from the effective date of the project inducement and extended thereafter upon request by the Company. The Company further understands that any request for a waiver to this policy must be submitted in writing and approved by the Agency.
I agree to the conditions of this agreement and certify all information provided regarding the construction and employment activities for the project as of 8-28-2020 (date). Company: Milton Cat Representative for Contract: Bradlee T. Fan-in Address: 100 Quarry Dr _ City: Milford State: Mass Zip: 01757 Phone: I508) 634-5830 Email: brad_farrin@miltoncat.com Project Address: 7285&7309 Eastman Rd City: Cicero State: Zip: 13Q88 General Contractor: To be determined Contact Person:
Address: City: State: Zip:. Phone: Email:
Authorized Representative: Title:
Signature:
Onondaga County Industrial Development Agency Page 12
Payment Terms:
Application & Processing Fee (payable at the time of application): $1,000 Legal Deposit (payable at the time of application): $2,500 Agency Fee for Bond Projects: Payable at Closing Agency and Legal Fees for all other projects: Due and Payable at Inducement - * A sales tax certificate (ST 60) will not be issued until the Agency Fee is Paid in Full Agency Fees: The project cost is the Total Project Cost from section III A Benefit Sought Fee Charged Mortgage Recording Tax and/or Sales Tax exemptions: 0.01 X the project cost Additional Fee for PILOT Agreement Projects: 0.0025 X the project cost Fee for bond financing, refinancing & refunding: 0.0025 X the project cost Note: For Manufacturing Projects under $10 million the fee is reduced by: 0.0025 X the project cost Agency Legal Fees: The project cost is the Total Project Cost from section III A Fee for first $20 million: 0.0025 of the project cost Fee for expenses above $20 million: 0.00125 of the project cost In addition to the foregoing, Applicants are responsible for payment of all costs and expenses incurred by OCIDA in connection with application or Project including without limitation publication, copying costs, SEQRA compliance and fees and costs to OCIDA s attorneys, engineers, and consultants. OCIDA reserves the right to require a deposit to cover anticipated costs. Application fees are payable at time application/ request is submitted. All fees are non -refundable. Applicants for bond transactions are responsible for payment of a Bond Issuance Charge payable to the State of New York. Applicants are also responsible for payment of post-closing fees and costs associated with the appointment of additional agents.
OCIDA reserves the right to modify this schedule at any time and assess fees and charges in connection with other transactions such as grants of easement or lease or sale of OCIDA-owned property.
Onondaga County Industrial Development Agency Page 13 Information to be Provided by Companies: Each Company agrees that to receive benefits from the Agency it must, whenever requested by the Agency or required under applicable statutes or project documents, provide and certify or cause to be provided and certified such information concerning the Company, its finances, its employees and other topics which shall, from time to time, be necessary or appropriate, including but not limited to, such information as to enable the Agency to make any reports required by law or governmental regulation.
Recapture of Benefits: It is the policy of the Agency to recapture the value of a PILOT, any sales and use tax exemption, and mortgage recording tax exemption in accordance with the Laws of the State and the provisions contained herein. Before receiving benefits, the Company must attest in writing to its understanding of, and agreement to, the recapture provisions contained in State Law and herein. To the extent permitted by State law, the recapture provisions contained herein may be modified from time to time by the Agency at its sole discretion.
Recapture of a PILOT. Sales Tax and the Mortgage Recording Tax Exemptions; If the number of full time equivalent jobs to be maintained or created in connection with a project falls below 75% of the number projected in the Company's application to the Agency, or if there are material violations of the project agreements, then the value of the property tax, sales and use tax and mortgage recording tax benefits extended to the project by the Agency may be subject to recapture. When deciding whether or not to recapture benefits and the amount of such recapture, the Agency may consider the potential future benefit of the business to the community.
Recapture Payment: The recapture payment paid by the Company to the Agency shall be determined (1) by the difference between any PILOT payments made by the Company and the property taxes that would have been paid by the Company if the property were not under the supervision, jurisdiction or control of the Agency, (2) the value of any mortgage recording tax exemption, if awarded to the Company and (3) the amount of sales and use tax that would have been paid if an exemption was not granted.
Recapture of the PILOT, Sales Tax or Mortgage Recording Tax: The Recapture Schedule for a Payment in Lieu of Tax Agreement, Sales Tax or the Mortgage Recording Tax is as follows: Time from Project Completion Tax Savings Recaptured
Distribution of the Recapture Payment: Any funds recaptured as a result of the recapture payment shall be distributed to the affected taxing jurisdictions in the same proportion as if the payments were paid or owed by the Company on the date of recapture.
Onondaga County Industrial Development Agency Page 14 Additional Conditions for the Recapture of Sales and Use Tax : As of April 1, 2013, New York State law requires Industrial Development Agencies to recapture sales tax benefitswhere: • A project is not entitled to receive the benefits:
• Exemptions received exceed the amount authorized by the Agency;
• Exemptions are claimed by the Project for unauthorized property or services; or • A project fails to use property in the manner required by its IDA agreements. 1. Distribution of Sales and Use Tax. Project operators must cooperate with the Agency in its effort to recapture all sales and use tax benefits received by the Company by promptly paying the recapture amount as determined by the Agency. The amount to be recaptured will be dictated by State Law or this UTEP Policy, which ever may be applicable. The Agency shall remit the recaptured sales and use tax benefits to the State within 30 days of receipt.
2. Compliance Report. Annually, the Agency will file an annual compliance report with the State of New York detailing its recapture terms and its activities to recapture benefits, including any attempt to recapture benefits from an Agency project. A Full Time Permanent Employee shall mean
payroll, who has worked at the project location for a minimum of thirty hours per week for not less than four consecutive weeks and who is entitled to receive the usual and customary fringe benefits extended by Company to other employees with comparable rank, duties and hours; or
Company's payroll, who have worked at the project location for a combined minimum of thirty hours per week for not less than four consecutive weeks and who are entitled to receive the usual and customary fringe benefits extended by Company to other employees with comparable rank, duties and hours. I have read the foregoing and agree to comply with all the terms and conditions contained therein as well as policies of the Onondaga County Industrial Agency.
Name of Applicant Company Southwo Signature of Officer or Authorized Representative: y /\ Name & Titli r Authorized Representative: vice Pre Date:
Onondaga County Industrial Development Agency Page 15
Jobs Listings: In accordance with §858-b(2) of the New York General Municipal Law, the
Applicant understands and agrees that if the Project receives any Financial Assistance from the Agency, except as otherwise provided by collective bargaining agreements, new employment opportunities created as a result of the Project will be listed with the New York State Department of Labor Business Services and with the administrative entity of the service delivery area created by the Workforce Innovation and Opportunity Act of 2014 in which the Project is located. In Onondaga County, please contact CNY Works. Additionally, the applicant is encouraged to review the services provided by JOBSPlus! for candidate matching services.
Are the employees of your company currently covered by a collective bargaining agreement? 0Yes DNO If yes, name and location: Operating Engineers Local 545 Is the labor pool in Onondaga County and/or the CNY Economic Development Region adequate to fill new positions?
0Yes DNo Enter Company Name in three (3) places below and sign by an authorized company officer: In consideration of the benefits provided by the Onondaga County Industrial Development Agency .
(OCIDA) southworth-Miiton , inc. ( DBA Milton CAT) project beneficiary, also agrees to report to OCIDA on the number of new employment opportunities created in connection with industrial or commercial projects financed by the proceeds of such benefits to be listed with the New York State Department of Labor Business Services and CNY Works.
- southworth Miiton , inc. (DBA Milton CAT) project beneficiary, also agrees to report to OCIDA on or before March 1 of each year the status of employment opportunities filed with the New York State Department of Labor Business Services, including the number of new employment opportunities created, the number listed, and the number filled for the year ending the prior December 31. southworth- Miiton , inc. ( DBA Milton CAT) project beneficiary, further agrees that, to the extent practicable ?
and feasible, and subject to the requirements of any existing collective bargaining agreement, the project beneficiary shall fill at least 10% of new employment opportunities with persons eligible for service under the Workforce Innovation and Opportunity Act of 2014.
Name of Applicant Company: - Southworth Miiton, inc. (DBA Milton CAT) Signature of Officer or Authorized Representative:
Name & Title of Officer or Authorized Representative: Vice Present - Chief Financia( Officer Date: £ / 3 / Ai O Onondaga County Industrial Development Agency Page 16 NYS Department of Labor:
Roy Jewell Associate Business Service Representative
rov.iewell@labor.nv.gov www.labor.nv.gov CNY Works Chris Kennedy Business Development Specialist
ckennedv@cnvworks.com www.cnvworks.com Onondaga County Industrial Development Agency Page 17
Agency Board Members
Agency Officers/Staff 1. Robert M. Petrovich
Agency Legal Counsel & Auditor 1. Jeffrey Davis, Esq., Barclay Damon LLP 2. Amanda Mirabito, Esq., Barclay Damon LLP 3. Michael G. Lisson, CPA, Grossman St. Amour Certified Public Accountants PLLC The Applicant has received from the Agency a list of members, officers and staff of the Agency. To the best of my knowledge, no member, officer or employee of the Agency has an interest, whether direct or indirect, in any transaction contemplated by this Application, except as hereinafter described:
Name of Applicant Company Southwpra -iyiiltoivipQil ( DB£, Milton C T ) * Signature of Officer or Authorized Representative:
Name & Title of Officer or Authorized Representative: - Vice Fftfesident Chief FifianciafC fficer Date: % / I d'c ) Onondaga County Industrial Development Agency Page 18
Stephen A. Boyd (Name of CEO or other authorized representative of
Applicant) confirms and sajfethat he/she is the vice president chief Financial officer (title) of souttiworth- Mnton , inc. ( DBA Milton CAT ) (name of corporation or other entity) named in the attached Application (the Applicant ), that he/she has read the foregoing Application and knows the contents thereof, and hereby represents, understands, and otherwise agrees with the Agency and as follows:
A. First Consideration for Employment: In accordance with §858-b (2) of the New York General Municipal Law, the Applicant understands and agrees that if the Project receives any Financial Assistance from the Agency, except as otherwise provided by collective bargaining agreements, where practicable, the Applicant will first consider persons eligible to participate in WIA programs who shall be referred by the CNY Works for new employment opportunities created as a result of the Project.
B. Other NYS Facilities: In accordance with §862 (1) of the New York General Municipal Law, the Applicant understands and agrees that projects which will result in the removal of an industrial or manufacturing plant of the project occupant from one area of the state to another area of the state or in the abandonment of one or more plants or facilities of the project occupant within the state is ineligible for Agency Financial Assistance, unless otherwise approved by the Agency as reasonably necessary to preserve the competitive position of the project in its respective industry or is reasonably necessary. .
C Annual Sales Tax Filings: In accordance with §874(8) of the New York General Municipal Law, the Applicant understands and agrees that if the Project receives any sales tax exemptions as part of the Financial Assistance from the Agency, the Applicant agrees to file, or cause to be filed, with the New York State Department of Taxation and Finance, the annual form prescribed by the Department of Taxation and Finance, describing the value of all sales tax exemptions claimed by the Applicant and all consultants or subcontractors retained by the Applicant.
D. Outstanding Bonds: The Applicant understands and agrees to provide on an annual basis any information regarding bonds, if any, issued by the Agency for the project that is requested by the Comptroller of the State of New York.
E. Employment Reports: The Applicant understands and agrees that, if the Project receives any financial assistance from the Agency, the Applicant agrees to file with the Agency, at least annually or as otherwise required by the Agency, reports regarding the number of people employed at the project site, salary levels, contractor utilization and such other information (collectively, Employment Reports” ) that may be required from time to time on such appropriate forms as designated by the Agency. Failure to provide Employment Reports within 30 days of an Agency request shall be an Event of Default under the PILOT Agreement between the Agency and Applicant and, if applicable, an Event of Default under the Agent Agreement between the Agency and Applicant. In addition, a Notice of Failure to provide the Agency with an Employment Report may be reported to Agency board members, with said report being an agenda item subject to the open Onondaga County Industrial Development Agency Page 19 meetings law.
F. Absence of Conflicts of Interest: The Applicant has received from the Agency a list of the members, officers and employees of the Agency. No member, officer or employee of the Agency has an interest, whether direct or indirect in any transaction contemplated by this Application, except as hereinafter described in Section X.
G. Compliance: The Applicant understands and agrees that it is in substantial compliance with applicable local, state, and federal tax, worker protection, and environmental laws, rules, and regulations.
H. The Applicant understands and agrees that the provisions of Section 862(1) of the New York General Municipal Law, as provided below, will not be violated if financial assistance is provided for the proposed Project:
§ 862. Restrictions on funds of the Agency. (1) No funds of the Agency shall be used in respect of any project if the completion thereof would result in the removal of an industrial or manufacturing plant of the project occupant from one area of the state to another area of the state or in the abandonment of one or more plants or facilities of the project occupant located within the state, provided, however, that neither restriction shall apply if the agency shall determine on the basis of the application before it that the project is reasonably necessary to discourage the project occupant from removing such other plant or facility to a
location outside the state or is reasonably necessary to preserve the competitive position of the project occupant in its respective industry.
I. The Applicant confirms and acknowledges that the owner, occupant or operator receiving financial assistance for the proposed Project is in substantial compliance with applicable local, state, and federal tax, worker protection and environmental laws, rules and regulations.
.
J The Applicant confirms and acknowledges that the submission of any knowingly false or knowingly misleading information may lead to the immediate termination of any financial assistance and the reimbursement of an amount equal to all or part of any tax exemption claimed by reason of the Agency s involvement in the Project.
K.The Applicant confirms and hereby acknowledges that as of the date of this Application, the Applicant is in substantial compliance with all provisions of Article 18-A of the New York General Municipal Law, including, but not limited to, the provision of Section 859- a and Section 862(1) of the New York General Municipal Law.
L. The Applicant and the individual executing this Application on behalf of Applicant acknowledge that the Agency and its counsel will rely on the representations and covenants made in this Application when acting hereon and hereby represents that the statements made herein do not contain any untrue statement of a material fact and do not omit to state a material fact necessary to make the statement contained herein not misleading.
Onondaga County Industrial Development Agency Page 20 M. The OCIDA has the right to request and inspect supporting documentation regarding attestations made on this application.
N. Hold Harmless Agreement: Applicant hereby releases Onondaga County Industrial Development Agency and the members, officers, servants, agents and employees thereof (the "Agency") from, agrees that the Agency shall not be liable for, and agrees to indemnify, defend and hold the Agency harmless from and against any and all liability arising from or expense incurred by: (A) the Agency's examination and processing of, and action pursuant to or upon, the attached Application, regardless of whether or not the Application or the Project described therein or the tax-exemptions and other assistance requested therein are favorably acted upon by the Agency; (B) the Agency's acquisition, construction, and/or installation of the Project described therein and (C) any further action taken by the Agency with respect to the Project, including without limiting the generality of the foregoing, all cause of action and attorney's fees and any other expenses incurred in defending any suits or action which may arise as a result of any of the foregoing. If, for any reason, the Applicant fails to conclude or consummate necessary negotiations, or fails, within a reasonable or specified period of time, to take reasonable, proper or requested action, or withdraws, abandons, cancels or neglects the Application, or if the Agency or the Applicant are unable to reach final agreement with respect to the Project, then, and in the event, upon presentation of an invoice itemizing the same, the
Applicant shall pay to the Agency, its agents or assigns, all costs incurred by the Agency in the process of the Application, including attorney's fees, if any.
Onondaga County Industrial Development Agency Page 21 Name of Applicant Company So Hworth ilton, Inc. (DBA Mjlton CAT) n Signature of Officer or Authorized Representative:
Name & Title of Officer or Authorized Representative: STEPHETFA. Boyd vice Presi yLa f Financial officer Date:
COUNTY OF ONONDAGA )ss.;
, being first duly sworn, deposes and says: 1. That I am the Vice President - Chief Financial (Corporate Officer) of Southworth-Milton , Inc. ( DBA Milton CAT) (Applicant) and that I am duly authorized on behalf of the Applicant to bind the
Applicant. 2. That I have read and attached Application, I Know the contents thereof, and that to the best of my knowledge and belief, this Application and the contents of this Application are true, accurate and complete (S nature of ffice Subscribed and affirmed to me under penalties of perjury this day of , 20 ._ tfm rmii rr nwitw (Notary Public) JOHN H. PARNELL | ,r*ftru Notary PubHfc J\\\ MJr * / ) COMMONWEALTH OF MASSACHUSETTS I My Commission Expires L September 26 , 2019 * v* **OP > mr" End of Application -- Rev 1 9 20 Onondaga County Industrial Development Agency Page 22