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June 2020 — June-9-2020-OCIDA-Board-Meeting-Packet-Reduced.pdf

2024-05-06 · PDF · 41,861 words · collected 2026-08-07 Official copy↗ Archived PDF Plain text Mentions

Typeset from the PDF of the official document (read by OCR) — headings, motions and recorded votes are detected automatically, so spacing may differ from the original. The official copy governs.

Contents · 10 sections
  1. Section I: Applicant Information
  2. Section II: Project Information
  3. Section III: Construction
  4. Section V: Local Access Policy Agreement
  5. Section VI: Agency Fee Schedule
  6. Section VII: Recapture of Tax Abatement/Exemptions
  7. Section VIII: Employment Plan
  8. Section IX: Conflict of Interest
  9. Section X: Representations, Certifications, and Indemnification
  10. Section IV: Estimate of Real Property Tax Abatement Benefits

ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY

333 WEST WASHINGTON STREET, SUITE 130, SYRACUSE, NY 13202

PHONE: 315.435.3770  FAX: 315.435.3669  WWW.ONGOVED.COM Meeting Agenda June 9, 2020 8:00AM Call to Order the Regular Meeting of the Agency A. Approval of Minutes-May 12, 2020 B. Treasurers Report C. Payment of Bills D. Conflict of Interest Action Items:

1. Empire Polymer Solutions, LLC (3101-20-12-a): Initial Meeting

Empire Polymer Solutions is proposing to purchase, renovate and construct a 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.

Agency Action Requested:

a. A Resolution of the Board authorizing a public hearing.

Representative: Steve Hubert, Empire Polymer Solutions, LLC

2. Baldwinsville Senior Housing Preservation, LLC (3101-19-07A)

Baldwinsville Senior Housing Preservation, LLC is requesting that the Onondaga County Industrial Development Agency (the "Issuer") issue its tax-exempt multi-family housing revenue bonds in one or more series in the aggregate principal amount not to exceed $20,000,000 (the "Bonds") for the purpose of financing a certain project. This project was previously approved for benefits at the August 20, 2019 meeting.

Agency Action Requested:

a. A Resolution (a) ratifying certain prior resolutions and findings of the Issuer with respect to the undertaking of a project and (b) describing the increased financial assistance being contemplated by the Issuer with respect to the project in the form of the issuance of the Bonds. Representative: Kevin McAuliffe, Barclay Damon, LLC page: 1

3. Taft Solar, LLC (3101-20-01A): Second Meeting

Taft Road Solar, LLC is proposing to construct a 5-MW solar project in the Town of Manlius. Agency Action Requested:

a. SEQR Resolution.

b. A Resolution of the Board authorizing the financial assistance the Agency will provide. Agency benefits requested include a Payment in Lieu of Tax Agreement and Sales Tax Abatement. Representative: Andrew Day, Taft Solar, LLC; Michael Cocquyt, LaBella Associates

4. DG New York CS, LLC (3101-20-11a): Initial Meeting

DG New York CS, LLC is proposing the construction of a 3-MW solar project in the Town of Van Buren.

Agency Action Requested:

a. A Resolution of the Board authorizing a public hearing.

Representative: Brian Harper, Project Manager, NextEra Energy, Inc.

5. Update to the OCIDA 2019 Financial Audit

Agency Action Requested:

a. A Resolution of the Board approving a change to the 2019 Audit of the Agency.

Representative: Mike Lisson, CPA, CITP, Grossman St. Amour Adjourn 2 page: 2

SUBJECT TO BOARD APPROVAL

Onondaga County Industrial Development Agency Regular Meeting Minutes May 12, 2020 A regular meeting of the Onondaga County Industrial Development Agency was held on Tuesday, May 12, 2020 via Zoom Teleconference.

Patrick Hogan called the meeting to order at 8:00 am with the following:

PRESENT VIA TELECONFERENCE:

Patrick Hogan Janice Herzog Susan Stanczyk Steve Morgan Kevin Ryan Victor Ianno

ABSENT:

Fanny Villarreal

ALSO PRESENT:

Robert Petrovich, Executive Director Nancy Lowery, Secretary Nate Stevens, Treasurer Karen Doster, Recording Secretary Carolyn Evans-Dean, Office of Economic Development Len Rauch, Office of Economic Development Jeffrey Davis, Barclay Damon Law Firm Amanda Mirabito, Barclay Damon Law Firm Kevin McAuliffe, Barclay Damon Law Firm Brian Gerling, Bond Schoeneck & King Paul Reichel, Bond Schoeneck & King Becky Koze, CES Glenn McKay, OYA Solar Taymaz Jahani, OYA Solar Joseph Mendelsohn, Green Street Power Partners Lauryn LaBorde Patrick Hogan shared information as to how the meeting will be conducted in light of COVID- 19.

APPROVAL OF REGULAR MEETING MINUTES – APRIL 14, 2020 Upon a motion by Victor Ianno, seconded by Susan Stanczyk, the OCIDA Board approved the regular meeting minutes of April 14, 2020. Motion was carried.

page: 3 TREASURER’S REPORT Nate Stevens gave a brief review of the Treasurer’s Report for the month of April 2020. Upon a motion by Janice Herzog, seconded by Kevin Ryan, the OCIDA Board approved the Treasurer’s Report for the month of April 2020. Motion was carried.

PAYMENT OF BILLS

Nate Stevens gave a brief review of the Payment of Bills Schedule #443.

Upon a motion by Victor Ianno, seconded by Janice Herzog, the OCIDA Board approved the Payment of Bills Schedule #443 for $3,967.50 and PILOT payments to the Town of Camillus for $4,901.42, Town of DeWitt for $15.93, Town of Elbridge for $1,997.03, Town of Geddes for $66.44, Town of Onondaga for $3.24, Village of Camillus for $847.64, Village of Solvay for $531.04, City of Syracuse for $1,615.86, Jamesville Dewitt Central School District for $104.23, Jordan Elbridge Central School District for $16,906.12, Marcellus Central School District for $253.05 Solvay School District for $3,390.10. West Genesee Central School District for $11,905.16 and Onondaga County for $7,915.33. Motion was carried.

CONFLICT OF INTEREST DISCLOSURE

The Conflict of Interest was emailed to Board Members present to sign off.

CICERO ENERGY STORAGE I, LLC (CES I)

Kevin McAuliffe stated since the last meeting when the project was initially presented both projects were presented to the Town of Cicero Town Board and the Board unanimously voted to support the project and the PILOTs. He stated the North Syracuse Central School District took up the matter and the result was the email sent by Brody Smith to Nate Stevens indicating the school board took no position on the application. He stated they do not have any objection to the PILOT but he doesn’t think the school board wanted to affirmatively appear to be supporting one page: 4 2 project over another. He stated their position simply was they have no objection to what the IDA proposes to do.

Sue Stanczyk asked if there were any questions or concerns from the Town. Kevin McAuliffe stated there were a lot of questions and the meeting went on for quite some period of time. He stated there were no questions about the PILOT and the discussion about the PILOT lasted a minute at best. He stated two of the Board Members attended all of the planning board meetings so they in a sense recounted what had been done.

Nate Stevens stated the letter of support from the Town of Cicero is included in the Board package on page 93.

Nancy Lowery stated there were no comments at the public hearing.

Upon a motion by Victor Ianno, seconded by Susan Stanczyk, the OCIDA Board approved a resolution authorizing the adoption of the SEQR determination for the Cicero Energy Storage I, LLC Project. Kevin Ryan abstained. Motion was carried.

Upon a motion by Victor Ianno, seconded by Susan Stanczyk, the OCIDA Board approved a resolution authorizing the financial assistance the Agency will provide including a Payment in Lieu of Tax Agreement, Sales Tax Abatement and Mortgage Recording Tax Abatement for the Cicero Energy Storage I, LLC Project. Motion was carried. Kevin Ryan abstained. Motion was

carried.

CICERO ENERGY STORAGE II, LLC (CES II)

Patrick Hogan asked why Cicero Energy Storage are two separate projects. Kevin McAuliffe stated they are separate projects and will be constructed separately in order to properly meet the energy distribution demands Niagara Mohawk put out in their RFP. He stated each has its own interconnection to the Niagara Mohawk grid and rather than one large facility it is a design feature to have two points of interconnection to provide better distribution.

page: 5 3 Patrick Hogan asked if it is a requirement of National Grid. Kevin McAuliffe stated yes and it was part of the design process of National Grid.

Nancy Lowery stated no comments were made at the public hearing.

Upon a motion by Janice Herzog, seconded by Victor Ianno, the OCIDA Board approved a resolution authorizing the adoption of the SEQR determination for the Cicero Energy Storage II, LLC Project. Kevin Ryan abstained. Motion was carried.

Upon a motion by Susan Stanczyk, seconded by Janice Herzog, the OCIDA Board approved a resolution authorizing the financial assistance the Agency will provide including a Payment in Lieu of Tax Agreement, Sales Tax Abatement and Mortgage Recording Tax Abatement for the Cicero Energy Storage II, LLC Project. Motion was carried. Kevin Ryan abstained. Motion was carried.

OYA SOLAR A

Susan Stanczyk asked where the project is located. Glenn McKay stated it is located in the Town of Lysander on 1671 Church Road, just west of Dunham Road and east of Mud Lake Road.

Robert Petrovich asked for a brief overview for the Board. Glenn McKay stated currently there is one tax parcel located at the address. He stated they plan to subdivide the project into 3 parcels and make use of two of them. He stated the 3rd portion of the subdivision north of Church Road they won’t be making use of. He stated there will be 2 separate new lots with a 5 megawatt and a 2 megawatt project on each lot. He stated he it will be a community distributed generation meaning no greater than 5 megawatt size system. He stated there will not be energy storage. He stated they have assigned an interconnect agreement with National Grid so aside from receiving site plan approval from the Town of Lysander, the PILOT agreement is the next step for them.

page: 6 4 Robert Petrovich stated for clarification, the discussions have included a five megawatt and a one megawatt. Glenn McKay stated Robert Petrovich is correct and it is a 5 megawatt and a one megawatt project.

Patrick Hogan stated this is 2 different plots of land and asked if they are working under the same limiting requirement that CES I has. Glenn McKay stated yes.

Victor Ianno asked if this is their first project or have they done other installations like this. Glenn McKay stated this is not their first project.

Upon a motion by Victor Ianno, seconded by Susan Stanczyk, the OCIDA Board approved a resolution describing the proposed OYA Solar A project and the financial assistance the Agency may provide and authorizing a public hearing for the project. Kevin Ryan abstained. Motion was carried.

OYA SOLAR B

Glenn McKay stated this project is west of the project that was just discussed which is the only major difference besides the size.

Susan Stanczyk asked if the property is all owned by the same property owners.

Upon a motion by Susan Stanczyk, seconded by Janice Herzog, the OCIDA Board approved a resolution describing the proposed OYA Solar B project and the financial assistance the Agency may provide and authorizing a public hearing for the project. Kevin Ryan abstained. Motion was carried.

GREEN STREET POWER PARTNERS (GSPP) CAUGHDENOY ROAD

Joseph Mendelsohn stated this is a 5 megawatt project located in the Town of Clay, New York on 9177 Caughdenoy Road. He stated they are currently going through the special use permit and site plan approval process within the Town. He stated it has been postponed slightly due to the COVID pandemic. He stated hopefully they are getting into the swing of things at their next page: 7 5 meeting June 1 to hear on the project location for the special use permit. He stated they are not proposing energy storage systems for this so it will be just a 5 megawatt solar system in the Town. He stated they will be leasing the property from the land owner for the project lifespan and the owner will continue to use the remaining portions of the land for their cattle farm. Patrick Hogan asked how it works with no storage. Joseph Mendelsohn stated it will continuously generate power and will be pushed into the grid then disbursed throughout the grid while it is generating power.

Patrick Hogan stated it is a solar project. Joseph Mendelsohn stated yes. He stated it will generate solar power. He stated it is a single tracker system so it will generate more power than a fixed system and rotates from east to west to track the sun.

Upon a motion by Susan Stanczyk, seconded by Victor Ianno, the OCIDA Board approved a resolution describing the proposed Green Street Power Partners (GSPP) Caughdenoy Road project and the financial assistance the Agency may provide and authorizing a public hearing for the project. Kevin Ryan abstained. Motion was carried.

GREEN STREET POWER PARTNERS (GSPP) SENTINEL HEIGHTS

Joseph Mendelsohn stated this is a similar process and they are working with the Town of Lafayette. He stated it was postponed due to COVID. He stated he has talked with the Town Code Enforcement Officer and Nancy Lowery has talked to them as well. He stated they have been reviewing the packets and hope to get back in front of them in late May or June to get the finalization for special use permit and site plan approval in the town.

Upon a motion by Victor Ianno, seconded by Janice Herzog, the OCIDA Board approved a resolution describing the proposed Green Street Power Partners (GSPP) Sentinel Heights project and the financial assistance the Agency may provide and authorizing a public hearing for the project. Kevin Ryan abstained. Motion was carried.

SYRACUSE PROPERTY PARTNERS

page: 8 6 Jeff Davis stated in 2008 Syracuse Property Partners came in and received an initial PILOT. He stated they have been paying under that PILOT. He stated in 2013 they did some additions and an amendment was done so they have been paying under the 2008 and 2013 PILOT.

Patrick Hogan asked for a clarification of what project this is. Robert Petrovich stated this is also known as Southern Wine and Spirits.

Jeff Davis stated there was an error in the 2018-2019 assessment at the local level which resulted in them receiving a separate school tax bill for $536,571.57, despite the fact the company is paying under their PILOT agreement. He stated that was after the school had already set their budget which presented an issue for the school district and would have been a significant issue for their budget if that had not been paid. He stated under the real property tax law if the owner can’t pay the County steps in and pays it. He stated the County has agreed to pay excess bill. He stated all the taxing jurisdictions have come to the IDA requesting and supporting a mechanism to address this and clean it up to correct the overpayment and refund the County. He stated the resolution addresses that by extending the PILOT a few years and changing the mechanism as to how that money under the PILOT goes. He stated more money goes to the County and less to the school district so the County is eventually refunded that $536,571.57. He stated the school district takes less over those few periods to make up for that fact. He stated the applicant gets no new benefits and pays the same amount that they would have paid in taxes otherwise. He stated this is all a mechanism to correct the error and assessment on the property. He stated a resolution is before the Board that reaffirms and ratifies the SEQR determination because the Board is making a determination and revising the PILOT schedule in how it is paid out between taxing jurisdictions to accommodate this refund mechanism to the County addressing the error in the 2018-2019 school tax.

Robert Petrovich asked Jeff Davis to relay to the Board that all of the parties to this have been briefed and have signed off to the affirmative on this. Jeff Davis agreed and stated it is part of the packet and noted in the resolution. He stated the Town signed a letter of support and both the School District and County have resolutions supporting this mechanism.

Upon a motion by Victor Ianno, seconded by Steve Morgan, the OCIDA Board approved a resolution authorizing an extension of a Payment in Lieu of Tax Agreement. Susan Stanczyk and Kevin Ryan abstained. Motion was carried.

page: 9 7 Patrick Hogan stated he would like to congratulate the Board and everyone involved in the UTEP change. He stated obviously we have had a lot of solar projects come do this and it is obvious because we are progressive and aggressive as far as changing the UTEP. He stated it is certainly the wave of the future and wished everyone a safe and prosperous day.

Upon a motion by Victor Ianno, the OCIDA Board adjourned the meeting at 8:33 am. Motion was carried.

_________________________________ Nancy Lowery, Secretary page: 10 8

ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY

333 WASHINGTON STREET, SUITE 130, SYRACUSE, NY 13202

PHONE: 315.435.3770 • FAX: 315.435.3669 May 31, 2020

2020 Budget Current YTD

Revenue / Expense / Income Current Period Current YTD Amount Change to Budget Operating Revenue 1,347,352 3,167,745 1,526,000 1,641,745 Administrative Expense 62,265 230,987 900,000 (669,013) Operating/Program Exp. 5,469 79,262 626,000 (546,738) Net Ordinary Income 1,279,617 2,857,496 - 2,857,496 Current Assets Current YTD Prior YTD Total Cash 4,497,091 2,052,692 Less Pass Through Received - - Available Cash 4,497,091 2,052,692 Receivables (less pass through rec.) 969,914 668,659 Grant Reimbursements 268,733 268,733 Total 5,735,739 2,990,084 Reserve for Contracts County Operations 2020 669,013 Professional Services 34,145 333 W. Washington St 2020 Rent 50,095 WPCP Sewer Design Engineering 108,151 OBG WPCP CO #4 Additional Studies 563,498 JMT 800 Hiawatha Engineering 25,000 National Grid WPCP Engineering Gas 200,000 National Grid WPCP Engineering Electric 175,000 CNYIBA Consulting Services Agreement 35,000 Total 1,859,904 Receivables 0-120 days 1,248,890 > 120 days 490,757 Total 1,739,647 page: 11 Onondaga County Industrial Development Agency

PROFIT AND LOSS

May 2020

TOTAL

Income

500 Operating Revenue

2116 Fees

2116.1 Agency Fees 3,500.00 2116.2 Application Fees 6,000.00 Total 2116 Fees 9,500.00 2410 Lease Income 750.00 2655 Other Operating Revenue 1,336,997.73 Total 500 Operating Revenue 1,347,247.73

501 Non-Operating Revenue

2401 Interest Income 103.82 Total 501 Non-Operating Revenue 103.82

534 Pilot & Pass Thru Revenue

528 Pass thru Income 5,000.00 529 PILOT Income 47,674.36 Total 534 Pilot & Pass Thru Revenue 52,674.36 Total Income $1,400,025.91 GROSS PROFIT $1,400,025.91 Expenses

6400 Operating Expense

6405 General Accounting 1,557.90 6407 Administrative Expense 62,264.66 6408 Board Mtg Exp 15.57 6410 Office Expense 183.51 6413 Legal 3,712.50 Total 6400 Operating Expense 67,734.14

6600 Non-Operating Expenses

6605 Pilot & Pass Thru Expenses

6605.1 Pass thru Expense 5,000.00 6605.2 PILOT Expense 47,674.36 Total 6605 Pilot & Pass Thru Expenses 52,674.36 Total 6600 Non-Operating Expenses 52,674.36 Total Expenses $120,408.50 NET OPERATING INCOME $1,279,617.41 NET INCOME $1,279,617.41 page: 12 Accrual Basis Wednesday, June 3, 2020 11:23 AM GMT-04:00 1/1 Onondaga County Industrial Development Agency

BALANCE SHEET

As of May 31, 2020

TOTAL

ASSETS

Current Assets Bank Accounts 200 Cash 0.00 200.1 Cash - M & T Checking 3,616,027.24 200.2 Cash - M & T Money Maker Savings 889,971.79 200.4 Destiny USA Restricted Cash -8,957.82 210 Petty Cash 50.00 Total 200 Cash 4,497,091.21 Total Bank Accounts $4,497,091.21 Accounts Receivable 380 Accounts Rec.

380.2 PILOTs Rec

380.222 Bank of NY -2.00 Total 380.2 PILOTs Rec -2.00 380.6 A/R Agency Fees 834,827.58 Total 380 Accounts Rec. 834,825.58 Total Accounts Receivable $834,825.58 Other Current Assets 391 Long Tern Receivable 222,024.00

392 Loans Receivable

392.065 Simple Admit Current -0.32 392.066 Aquari current -0.24 Total 392 Loans Receivable -0.56

393 Grant Reimbursements

393.1 ESD WPCP 134,366.66 393.2 Nat Grid WPCP 134,366.66 Total 393 Grant Reimbursements 268,733.32 Total Other Current Assets $490,756.76 Total Current Assets $5,822,673.55 page: 13 Accrual Basis Thursday, June 4, 2020 11:43 AM GMT-04:00 1/3 Onondaga County Industrial Development Agency

BALANCE SHEET

As of May 31, 2020

TOTAL

Fixed Assets

100 Land

101 White Pines Commerce Park 1,520,401.50

101.1 WPCP GEIS

101.101 CHA GEIS 1 267,452.05 101.102 CHA GEIS 2 219,439.36 101.104 GEIS Reg Plan Board Overview 19,797.74 Total 101.1 WPCP GEIS 506,689.15 101.2 WPCP Legal 69,774.25 101.3 Engineering Services 52,675.00 101.301 Temporary Access 4,055.44 101.4 Environmental/Demo Services 10,318.98 Total 101.3 Engineering Services 67,049.42

101.5 Land Acquisition Costs

101.501 Land Purchases 1,160,063.57 101.502 Closing Costs 3,168.14 Total 101.5 Land Acquisition Costs 1,163,231.71 Total 101 White Pines Commerce Park 3,327,146.03 106 North Salina Properties 0.00 106.1 435 North Salina 17,083.55 106.3 435 North Salina Building 634,421.53 Total 106 North Salina Properties 651,505.08 107 800 Hiawatha 604,840.42 Total 100 Land 4,583,491.53

104 Machinery & Equipment

104.1 Office Furniture 1,429.00 104.2 Equipment 1,432.40 Total 104 Machinery & Equipment 2,861.40 211 A/D Office Furniture -2,861.00 213 A/D Buildings -65,068.00 Total Fixed Assets $4,518,423.93 Other Assets 240 Blue Sky Redevelopment 1,641.76 Total Other Assets $1,641.76 TOTAL ASSETS $10,342,739.24 page: 14 Accrual Basis Thursday, June 4, 2020 11:43 AM GMT-04:00 2/3 Onondaga County Industrial Development Agency

BALANCE SHEET

As of May 31, 2020

TOTAL

LIABILITIES AND EQUITY

Liabilities Current Liabilities Other Current Liabilities 600 Accounts Payable 0.00 600.1 Due to Related Party - OED 107,246.11 600.206 Mileage Reimbursement 81.41 600.207 EPP App Deposit 250.00 600.208 BlueRock Energy Agreement Deposit 25,000.00 Total 600 Accounts Payable 132,577.52

601 PILOT and Pass Thru Payable

602 Pass Thru Payable 15,371.00 603 PILOT Pass Thru 74,061.60 Total 601 PILOT and Pass Thru Payable 89,432.60

631 Due to Other Governments

631.1 Towns

631.17 Van Buren 0.20 Total 631.1 Towns 0.20

631.3 Schools

631.335 Liverpool -0.01 631.337 Lyncourt 0.01 631.34 Marcellus -0.01 631.345 North Syracuse -0.01 631.356 Syracuse -0.01 Total 631.3 Schools -0.03 631.4 Onondaga County 1.94 Total 631 Due to Other Governments 2.11 Total Other Current Liabilities $222,012.23 Total Current Liabilities $222,012.23 Total Liabilities $222,012.23 Equity 3900 Equity Unreserved 4,544,563.05 3901 Equity-Investment Fixed Assets 2,345,838.63 463 Reserve For Contracts 1,859,903.65 465 Equity - Unreserved -1,487,074.65 Net Income 2,857,496.33 Total Equity $10,120,727.01 TOTAL LIABILITIES AND EQUITY $10,342,739.24 page: 15 Accrual Basis Thursday, June 4, 2020 11:43 AM GMT-04:00 3/3

ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY

PAYMENT OF BILL - SCHEDULE #444 June 9, 2020

GENERAL EXPENSES

1. BARCLAY DAMON LLP $ 1,462.50 Inv#5070459, Legal thru 4/30/2020 2. BARCLAY DAMON LLP $ 37,500.00 Inv#5068807, TC Syracuse Legal thru April 24, 2020 3. CENTRAL NY INTERNATIONAL BUSINESS ALLIANCE $ 8,750.00 Inv#0000069-IN, 1st Quarter 2020 CNYIBA Consulting Services Payment 4. KAREN DOSTER $ 19.99 Reimbursement for Office Coffee 5. ADVANCE MEDIA NEW YORK $ 137.20

Public Hearing Notices; CES 1 & CES 2

6. FEDEX $ 44.67 Inv#7-007-64883, Shipping to Hinman Howard Kattell 7. NATIONWIDE $ 340.00 Acct#MPA85793J / 7J2551, WPCP Additional Parcel Insurance 8. SYRACUSE DESIGN GROUP, LLC $ 210.00 Inv#5681, Create and Deploy COVID-19 Complaint Form on Website 9. FEDEX $ 24.46 Inv# 7-013-20052, Shipping to Barclay Damon 10. NYS ECONOMIC DEVELOPMENT COUNCIL $ 1,500.00 Inv#10408, 2019 Membership 11. JMT $ 4,359.00 Inv#15-101634 & 18-101950, 800 Hiawatha Brownfield Clean-up 1 page: 16 Schedule #444 12. GROSSMAN ST. AMOUR PLLC $ 13,000.00 Inv#76033, 2019 Annual Audit TOTAL $ 67,347.82 * Ratification of Check dated April 24, 2020 2 page: 17

ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY

RESERVE FOR CONTRACTS

5/31/2020

CONTRACT TOTAL PORTION BALANCE

DESCRIPTION TERM CONTRACT PAID OUTSTANDING ONONDAGA COUNTY OED 2020 1-1-20-12-31-20 $900,000.00 $230,986.58 $669,013.42 PROFESSIONAL SERVICES 1-1-20-12-31-20 $55,000.00 $20,854.82 $34,145.18 333 W. WASHINGTON ST 2020 RENT 1-1-20-12-31-20 $65,000.00 $14,904.56 $50,095.44 WPCP SEWER DESIGN ENGINEERING 1/31/16-1/31/17 $268,628.00 $160,476.55 $108,151.45 OBG WPCP CO #4 ADDITIONAL STUDIES 11/30/18-11/30/19 $800,000.00 $236,501.84 $563,498.16 JMT 800 HIAWATHA ENGINEERING 2/13/19-12-31-20 $25,000.00 $0.00 $25,000.00 NATIONAL GRID WPCP ENGINEERING GAS 11/29/18-11/29/19 $403,100.00 $203,100.00 $200,000.00 NATIONAL GRID WPCP ENGINEERING ELECTRIC 11/29/18-11/29/19 $375,000.00 $200,000.00 $175,000.00 CNYIBA CONSULTING SERVICES AGREEMENT 4-14-20-4-14-21 $35,000.00 $0.00 $35,000.00 $2,926,728.00 $1,066,824.35 $1,859,903.65

ACCOUNTS RECEIVABLE

5/31/2020

AGENCY FEES RECEIVABLE $747,890.00 ACCOUNTS RECEIVABLE GENERAL $0.00 QUASI-EQUITY LOAN RECEIVABLE $0.00 GRANTS RECEIVABLE $268,733.00 LONG TERM RECEIVABLE $222,024.00 TOTAL $1,238,647.00 page: 18 Onondaga County Industrial Development Agency Project Summary 6/4/2020 1. Project Empire Polymer Solutions, LLC 2. Project Number 3101-20-12a 3. Location Van Buren 4. School District Baldwinsville CSD

6. Project Type Acquisition, renovation of existing facility

5. Tax Parcel(s) 031.-11-01.01 Village 0 7.Total Project Cost $ 7,135,210 8. Total Jobs 70 Land $ 560,000 8A. Job Retention 0 Site Work $ 618,262 8B: Job Creation 70 Building $ 5,271,948 (Next 5 Years) Furniture & Fixtures $ 50,000 Equipment $ 150,000 Equipment Subject to NYS Production Exemption $ 150,000 Engineering/Architecture Fees $ 135,000 Financial Charges $ 50,000 Legal Fees $ 50,000 Other $ - Cost Benefit Analysis Empire Polymer Solutions, LLC Project Description Fiscal Impact ($) Abatement Cost $2,442,999 Sales Tax $570,817 Mortgage Tax $42,264 Property Tax Relief (PILOT) $1,829,919 New Investment $32,813,654 PILOT Payments $1,048,740 Project Wages (10 years) $21,665,320 This will be a post-industrial and post-consumer plastic processing plant that will eventually Construction Impact $725,500 include five basic business units to be brought on line at the old Syroco building. Employee Benefits (10 years) $2,166,532 Project Capital Investment $7,135,210 New Sales Tax Generated Agency Fees $72,352 Agency Legal Fees $17,838 Benefit:Cost Ratio 13 :1 page: 19 Empire Polymer Solutions, LLC 6/4/2020 A) PILOTS Estimate Table Worksheet for 15 years OCIDA estimate of current market value $ 500,000 Projected investment $ 5,271,948 OCIDA estimate of increase in value $ 4,925,771 OCIDA estimated value after project is completed $ 5,425,771 Taxes that would have been collected if the project did not occur $ 292,204 Scheduled PILOT payments $ 1,340,944 Full Tax Onondaga Baldwinsville PILOT YEAR Exemption % Van Buren Village Total PILOT Payment w/o Net Exemption County CSD

PILOT

1 100% $ 2,633 $ 2,011 $ 12,253 $ - $ 16,896.82 $ 183,357 $ 166,460 2 100% $ 2,685 $ 2,052 $ 12,498 $ - $ 17,234.76 $ 187,024 $ 169,789 3 100% $ 2,739 $ 2,093 $ 12,748 $ - $ 17,579.46 $ 190,764 $ 173,185 4 90% $ 5,546 $ 4,237 $ 25,812 $ - $ 35,595.89 $ 194,580 $ 158,984 5 90% $ 5,657 $ 4,322 $ 26,328 $ - $ 36,307.81 $ 198,471 $ 162,163 6 80% $ 8,634 $ 6,596 $ 40,182 $ - $ 55,412.47 $ 202,441 $ 147,028 7 80% $ 8,807 $ 6,728 $ 40,986 $ - $ 56,520.72 $ 206,489 $ 149,969 8 70% $ 11,962 $ 9,139 $ 55,671 $ - $ 76,772.13 $ 210,619 $ 133,847 9 70% $ 12,202 $ 9,321 $ 56,784 $ - $ 78,307.58 $ 214,832 $ 136,524 10 60% $ 15,545 $ 11,876 $ 72,346 $ - $ 99,767.22 $ 219,128 $ 119,361 11 50% $ 19,018 $ 14,529 $ 88,507 $ - $ 122,053.92 $ 223,511 $ 101,457 12 40% $ 22,624 $ 17,283 $ 105,286 $ - $ 145,192.18 $ 227,981 $ 82,789 13 30% $ 26,365 $ 20,142 $ 122,700 $ - $ 169,207.15 $ 232,541 $ 63,333 14 20% $ 30,248 $ 23,108 $ 140,769 $ - $ 194,124.64 $ 237,191 $ 43,067 15 10% $ 34,275 $ 26,185 $ 159,511 $ - $ 219,971.15 $ 241,935 $ 21,964 TOTAL $ 208,943 $ 159,621 $ 972,380 $ - $ 1,340,944 $ 3,170,862 $ 1,829,919 Year 0 2020 2021 2022 2023 2024 Jobs Current/Actuals Creation Goals 6 12 15 19 18 Total Employment Goals 0 6 18 33 52 70 page: 20 page: 21 page: 22 page: 23 page: 24 page: 25 page: 26 page: 27 page: 28 page: 29 page: 30 Estimate the number of FTE jobs to be 0 retained as a result of this Project:

Estimate the number of construction jobs to 20 be created by this Project:

Estimate the average length of construction 10 jobs to be created (months):

Current annual payroll at facility:

5% Average annual growth rate of wages:

Please list, if any, benefits that will be PTO, 401K available to either full and/or part time employees:

Average annual benefit paid by the 10 % company ($ or % salary) per FTE job:

Average growth rate of benefit cost: 5% Amount or percent of wage employees pay 4% to get 4% 401k match for benefits:

Provide an estimate of the number of over 5-year period residents in the Economic Development Region (Onondaga, Madison, Cayuga, Oneida, Oswego, and Cortland Counties) to fill new FTE jobs:

Onondaga County Industrial Development Agency Page 9 page: 31 page: 32 page: 33 page: 34 page: 35 page: 36 page: 37 page: 38 page: 39 page: 40 page: 41 page: 42 page: 43 page: 44 page: 45 Onondaga County Industrial Development Agency Project Summary 6/2/2020 1. Project Baldwinsville Housing Preservation 2. Project Number 3101-19-07A 3. Location Van Buren 4. School District Baldwinsville

6. Project Type Acquisition and Renovation

5. Tax Parcel(s) 022.-01-14.0 Village Baldwinsville 7.Total Project Cost $ 38,030,540.00 8. Total Jobs 4 Land $ 22,000,000 8A. Job Retention 4 Site Work $ - 8B: Job Creation 0 Building $ 9,812,833 (Next 5 Years) Furniture & Fixtures $ - Equipment $ - Equipment Subject to NYS Production Exemption $ - Engineering/Architecture Fees $ 100,000 Financial Charges $ 1,612,109 Legal Fees $ 250,000 Management Developer Fees $ 3,576,498 Other $ 679,100 Cost Benefit Analysis Project Description Baldwinsville Housing Preservation Partners LLC Fiscal Impact ($) Abatement Cost $ 395,000 Sales Tax $ 395,000 Mortgage Tax $ - Property Tax Relief (PILOT) See attached Application Tax Exempt Bonding Requested $ 20,000,000 The applicant is proposing to purchase and New Investment $ 36,490,014 renovate the senior housing facility located at 700 PILOT Payments $ - Conifer Drive in the Village of Baldwinsville in the Project Wages $ 1,803,759 Town of Van Buren. The June 2020 Revision is Construction Wages $ 2,031,400 to increase the bonding amount from $17,800,000 to $20,000,000 Employee Benefits (10 years) $ 270,564 Project Capital Investment $ 31,812,833 New Sales Tax Generated $ - OCIDA Project Fee $ 571,458 Benefit:Cost Ratio 92.38 :1 page: 46 Onondaga County Industrial Development Agency Project Summary 8/16/2019 1. Project Baldwinsville Housing Preservation 2. Project Number 3101-19-07A 3. Location Van Buren 4. School District Baldwinsville

6. Project Type Acquisition and Renovation

5. Tax Parcel(s) 022.-01-14.0 Village Baldwinsville 7.Total Project Cost $ 38,030,540.00 8. Total Jobs 4 Land $ 22,000,000 8A. Job Retention 4 Site Work $ - 8B: Job Creation 0 Building $ 9,812,833 (Next 5 Years) Furniture & Fixtures $ - Equipment $ - Equipment Subject to NYS Production Exemption $ - Engineering/Architecture Fees $ 100,000 Financial Charges $ 1,612,109 Legal Fees $ 250,000 Management Developer Fees $ 3,576,498 Other $ 679,100 Cost Benefit Analysis Project Description Baldwinsville Housing Preservation Partners LLC Fiscal Impact ($) Abatement Cost $ 395,000 Sales Tax $ 395,000 Mortgage Tax $ - Property Tax Relief (PILOT) See attached Application Tax Exempt Bonding Requested $ 17,800,000 New Investment $ 36,490,014 The applicant is proposing to purchase and PILOT Payments $ - renovate the senior housing facility located at 700 Project Wages $ 1,803,759 Conifer Drive in the Village of Baldwinsville in the Construction Wages $ 2,031,400 Town of Van Buren. Employee Benefits (10 years) $ 270,564 Project Capital Investment $ 31,812,833 New Sales Tax Generated $ - OCIDA Project Fee $ 571,458 Benefit:Cost Ratio 92.38 :1 page: 47 PILOT Onondaga Town of Baldwinsville Village of Year # Payment County Van Buren School District Baldwinsville 1 $215,000 $ 28,957.54 $ 9,795.22 $ 134,654.92 $ 41,592.32 2 $219,300 $ 29,536.70 $ 9,991.12 $ 137,348.02 $ 42,424.16 3 $223,686 $ 30,127.43 $10,190.94 $ 140,094.98 $ 43,272.65 4 $228,160 $ 30,729.98 $10,394.76 $ 142,896.88 $ 44,138.10 5 $232,723 $ 31,344.58 $10,602.66 $ 145,754.82 $ 45,020.86 6 $237,377 $ 31,971.47 $10,814.71 $ 148,669.91 $ 45,921.28 7 $242,125 $ 32,610.90 $11,031.01 $ 151,643.31 $ 46,839.70 8 $246,967 $ 33,263.12 $11,251.63 $ 154,676.18 $ 47,776.50 9 $251,907 $ 33,928.38 $11,476.66 $ 157,769.70 $ 48,732.03 10 $256,945 $ 34,606.95 $11,706.19 $ 160,925.10 $ 49,706.67 11 $262,084 $ 35,299.09 $11,940.31 $ 164,143.60 $ 50,700.80 12 $267,325 $ 36,005.07 $12,179.12 $ 167,426.47 $ 51,714.82 13 $272,672 $ 36,725.17 $12,422.70 $ 170,775.00 $ 52,749.11 14 $278,125 $ 37,459.67 $12,671.16 $ 174,190.50 $ 53,804.10 15 $283,688 $ 38,208.87 $12,924.58 $ 177,674.31 $ 54,880.18 16 $289,362 $ 38,973.04 $13,183.07 $ 181,227.79 $ 55,977.78 17 $295,149 $ 39,752.50 $13,446.73 $ 184,852.35 $ 57,097.34 18 $301,052 $ 40,547.55 $13,715.67 $ 188,549.40 $ 58,239.29 19 $307,073 $ 41,358.50 $13,989.98 $ 192,320.39 $ 59,404.07 20 $313,214 $ 42,185.67 $14,269.78 $ 196,166.79 $ 60,592.15 21 $319,479 $ 43,029.39 $14,555.18 $ 200,090.13 $ 61,804.00 22 $325,868 $ 43,889.98 $14,846.28 $ 204,091.93 $ 63,040.08 23 $332,386 $ 44,767.78 $15,143.21 $ 208,173.77 $ 64,300.88 24 $339,033 $ 45,663.13 $15,446.07 $ 212,337.25 $ 65,586.89 25 $345,814 $ 46,576.39 $15,754.99 $ 216,583.99 $ 66,898.63 26 $352,730 $ 47,507.92 $16,070.09 $ 220,915.67 $ 68,236.60 27 $359,785 $ 48,458.08 $16,391.49 $ 225,333.98 $ 69,601.34 28 $366,981 $ 49,427.24 $16,719.32 $ 229,840.66 $ 70,993.36 29 $374,320 $ 50,415.79 $17,053.71 $ 234,437.48 $ 72,413.23 30 $381,807 $ 51,424.10 $17,394.78 $ 239,126.23 $ 73,861.50 page: 48 OCIDA Application – Conifer Village Apartments Project Feasibility Statement Built in 1978, Conifer Village is a 199-unit affordable senior housing complex located at 700 Conifer Drive, Baldwinsville, New York (the “Complex”). The Complex serves as income- and rent-restricted rental housing for seniors of low income. After more than 40 years of service, certain components of the Complex have reached the end of their useful life. In order to restore these components and upgrade the standard of living for the current and future residents of the Complex, the applicant desires to substantially renovate each apartment unit and upgrade the common areas and amenity space enjoyed by this community.

Our nation is in the midst of a growing affordable housing crisis. Every day, 10,000 baby boomers retire in the United States, and 45% of them report no retirement savings whatsoever. 3 Despite overwhelming demand, very little safe, decent and sanitary affordable rental housing exists in the United States. On average, there are only 45 adequate and affordable housing options for every 100 households with incomes at or below 50% of area median income (“AMI”). 4 Roughly 2.3M units of existing, federally-subsidized affordable multifamily housing stock in the U.S. (representing 40% of the national inventory) is more than 35 years old, including the Complex. The only active federal program which subsidizes the preservation of affordable rental housing is the low-income housing tax credit program. This program requires the use of private activity bonds to finance eligible projects in order to generate tax credits which are converted to the private capital necessary to acquire, renovate and preserve existing affordable rental housing stock. Preservation of existing, federally-subsidized affordable housing stock is in the best public interest because there is no substitute housing product in the market today for low-income seniors to live independently, age in place, and do so within the parameters of their own economic means. The total cost to acquire, renovate and guarantee long-term affordability of this housing stock remains lower than the cost to replace it. However, it is important to remember that any new housing that replaced Conifer Village would not benefit from the federal rental subsidy that makes the Complex affordable for seniors of the most modest means. Simply put, there is no substitute or replacement for Conifer Village; it deserves to be upgraded and preserved for the benefit of its current and future residents as well as the community at large.

In order to ensure that low-income seniors can afford to age in place and remain members of the Baldwinsville community, it is essential that the Complex be acquired and preserved using the private activity bonds and property tax relief requested in this application. This proposal maximizes private capital leverage (in the form of below market-rate debt financing from Fannie Mae, and private equity from the sale of low-income housing tax credits) on IDA benefits to deliver maximum impact in Baldwinsville. This proposal ensures that the Complex remains in service as affordable rental housing for low-income seniors for not less than another thirty (30) years. Moreover, this proposal places no financial burden on current or future residents, whose rental payments will not increase as a result of this proposal. All current residents of the Complex will 3 https://www.fool.com/retirement/2017/07/29/9-baby-boomer-statistics-that-will-blow-you-away.aspx 4 https://www.nmhc.org/advocacy/issue-fact-sheet/low-income-housing-tax-credit-fact-sheet/ page: 49 OCIDA Application – Conifer Village Apartments remain in place pursuant to their current leases; no involuntary relocation of residents will occur as part of this renovation.

page: 50 page: 51 page: 52 page: 53 OCIDA Application – Conifer Village Apartments Project Description The renovation of Conifer Village Apartments has been designed to: (i) replace and/or upgrade existing building systems that have reached the end of their useful life; (ii) substantially upgrade the in-unit accommodations with new fixtures, finishes and appliances; (iii) improve energy efficiency with new windows and doors throughout the Complex; and (iv) expand the clubhouse and improve outdoor common areas and the clubhouse to bring modern, market-rate style amenities to the community.

The Complex is comprised of one hundred and ninety-nine (199), one (1) bedroom, one 1 bath units. All units are differentiated by being either a ground-floor unit, a second-floor unit or an ADA unit.

The scope of work for all units will include:

• New front entry door • New windows and patio doors • New interior hardware with lever sets • New energy star rated refrigerator • New energy star rated stove/oven • New Luxury Vinyl Tile (LVT) flooring throughout unit except bathrooms • Refurbished kitchen cabinets and pulls • New light fixture, sink, faucet, and plastic laminated countertop in kitchen • New water closet • New bathroom sink and faucet • Refinish tile and tub • New ceramic tile bathroom flooring • New mirrored medicine cabinet • New exhaust fan with light kit • Install grab bars around bathroom toilet and a towel bar • New toilet paper roll dispenser • Repaint unit • Install surface mounted ceiling light in bedroom • Install ceiling fan and light kit in living room • Install stand-alone AC unit in bedroom • Refurbish emergency call button service In addition to this base scope, the scope of work for every second-floor unit will also include: • Install non-skid stair treads on interior stairs • Install emergency lighting in stairway with battery back up • Provide doorbells with intercom page: 54 OCIDA Application – Conifer Village Apartments In addition to the base scope above (not including the second-floor scope of work), the scope of work for every ADA unit will also include:

• Modify cabinets, countertop and appliances in the kitchen to meet current ADA standards • Replace existing 32” wide interior doors with a 36” doors • Modify tub, water closet and sink locations to meet current ADA standards • Widen exterior walkways into ADA units The balance of the renovation work will encompass the building exteriors/site and community center remodeling.

Building Exteriors and Site:

• Replace roofs on 13 of 21 buildings, including gutters and downspouts • New “plexiglass” snow barriers at end units • Re-pour east-west side walks in front of buildings 11,13,15,16,11-19 • New property street-front sign • Replace aluminum siding with Vinyl siding • Install snow fence • Repair exterior steps and landing at six (6) second floor units • Install site drainage solution between buildings 13 and 18 Community Center Remodel:

• Increase size of existing bathroom to meet ADA standards • Increase size of existing laundry room to accommodate more circulation space • Create one additional office and a conference/meeting space for administrative use • Create additional storage space • Ensure all spaces within the building have adequate circulation space and meets ADA standards • Create a secured computer lab space with two (2) workstations and a printer • Create a secured, dedicated fitness/stretch space • Incorporate additional space for library and games • Create approx. 1500 sq. ft. of additional community meeting/event space

ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY

APPLICATION INSTRUCTIONS

1. Fill in all blanks, using “none”, “not applicable”, or “not available” where the question is not appropriate to the project, which is the subject of this Application (the “Project”). If you have any questions about the way to respond, please call the Agency at 315-435-3770.

2. If an estimate is given as the answer to a question, put “(est.)” after the figure or answer, which is estimated. If more space is needed to answer any specific question, attach a separate sheet. 3. If the OCIDA Board approves benefits, it is the company’s responsibility to obtain and submit all necessary forms and documents. (ST-60, PILOT Agreement) 4. When completed, return this Application by mail or fax to the Agency at the address indicated below. A signed application may also be submitted electronically in PDF format to Nate Stevens at nstevens@ongov.net. An Application will not be considered by the Agency until the Application fee has been received.

5. The Agency will not give final approval for this Application until the Agency receives a completed NYS Full Environmental Assessment Form concerning the Project, which is the subject of this Application. The form is available at http://www.dec.ny.gov/permits/6191.html. 6. Please note the Public officers Law declares all records in the possession of the OCIDA (with certain limited exceptions) are open to public inspection and copying. If the Applicant feels that there are elements of the Project which are in the nature of trade secrets which, if disclosed to the public or otherwise widely disseminated, would cause substantial injury to the Applicant’s competitive position, this

Applicant must identify such elements in writing and request that such elements be kept confidential. In accordance with Article 6 of the Public Officer’s Law, the OCIDA may also redact personal, private, and/or proprietary information from publicly disseminated documents.

7. The Applicant will be required to pay the Agency Application fee and, if accepted as a project of the agency, all administrative and legal fees as stated in Section VI of the Application.

8. A complete application consists of the following 9 items:

 This Application  Local Access Agreement  Employment Plan  Conflict of Interest  A feasibility statement indicating the need for the requested benefits  Description of project, Site Plans/Sketches, and Maps  NYS Full Environmental Assessment Form  A check payable to the Agency in the amount of $1,000  A check payable to Barclay Damon LLP in the amount of $2,500 Onondaga County Industrial Development Agency Page 1 page: 56 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

Section I: Applicant Information

Please answer all questions. Use “None”, “Not Applicable” and “See Attached” where necessary.

A) Applicant information-company receiving benefits:

Applicant Name: Baldwinsville Senior Housing Preservation, LLC

Applicant Address: 169 Mamaroneck Ave, Suite #8, White Plains, NY 10601 Phone: 917-592-6697 Fax: none none Website: E-mail: pat@federalhousingsolutions.com Federal ID#: applied for NAICS:

State and Year of Incorporation/Organization: __________________________________________ 2019 - New York Will a Real Estate Holding Company be utilized to own the Project property/ facility? ☐Yes ☐No What is the name of the Real Estate Holding Company: n/a Federal ID#: n/a State and Year of Incorporation/Organization: n/a List of stockholders, members, or partners of Real Estate Holding Company:

________________________________________________________________________________ n/a B) Individual Completing Application:

Name: Eliot Reid Title: Principal Address: c/o FHS, 169 Mamaroneck Avenue, White Plains, New York 10601 Phone: 202.557.4545 Fax: 716-535-1691 E-mail: eliot.reid@regenadvisors.com Onondaga County Industrial Development Agency Page 2 page: 57 C) Company Contact (if different from individual completing application):

Name: n/a Title: n/a Address: n/a Phone: n/a Cell Phone: n/a E-mail: n/a D) Company Counsel:

Name of Attorney: Kevin McAuliffe, Esq.

Firm Name: Barclay Damon LLP Address: 125 E. Jefferson Street, Syracuse, NY 13202 Phone: 315-425-2875 Cell Phone: 315-382-8703 E-mail: KMcAuliffe@barclaydamon.com E) Business Organization (check appropriate category):

☐ Corporation ☐Partnership ☐ Public Corporation ☐Joint Venture ☐ Sole Proprietorship ☐Limited Liability Company Others (please specify): n/a Year Established: 2019 State in which Organization is established: New York F) List all stockholders, members, or partners with % of ownership greater than 5% : Name % of ownership TBD LIHTC Investor 99.99% Investor Member Onondaga County Industrial Development Agency Page 3 page: 58 G) Applicant Business Description:

Please attach a description of your company’s background, products, customers, goods and services. Estimated % of sales within Onondaga County: 100 _______________________________________ Estimated % of sales outside Onondaga County but within New York State: 0 Estimated % of sales outside New York State but within the U.S.: 0 Estimated % of sales outside the U.S.: 0 (*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.

1. Is the company or management of the Company now a

☐Yes ☐No plaintiff or defendant in any civil or criminal litigation?

2. Has any person listed above ever been convicted of a

criminal offense (other than a minor traffic violation)? ☐Yes ☐No 3. Has any person listed in Section I ever been in receivership or declared bankruptcy? ☐Yes ☐No 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. ☐Yes ☐No Onondaga County Industrial Development Agency Page 4 page: 59

Section II: Project Information

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: 700 Conifer Drive Legal Address (if different):

City: n/a Village/Town: Baldwinsville/Van Buren Zip Code: 13027 School District: Baldwinsville Tax Map Parcel ID(s): 022.-01-14.0 Current Assessed Value: $5,375,000 Sq. Footage of Existing Building: 118,015 Census Tract: MSA/MD Code 45060 State Code 36 County Code 067 Tract Code 0117.00 B) Type (Check all that apply):

☐New construction ☐Purchase of machinery and/or equipment ☐Expansion/Addition to current facilities ☐Brownfield/Remediated Brownfield ☐Renovation of existing facility ☐LEED Certification ☐Acquisition of existing facility/property ☐Other:

☐Demolition 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:

☐ (i) the size of the Project in square feet and a breakdown of square footage per each intended use;

☐ (ii) the size of the lot upon which the Project sits or is to be constructed; ☐ (iii) the current use of the site and the intended use of the site upon completion of the Project;

☐ (iv) the principal products to be produced and/or the principal activities that will occur on the Project site; and ☐ (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 page: 60 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 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

2. Have any environmental issues been identified on the property?

☐Yes ☐No If yes please attach an explanation.

Onondaga County Industrial Development Agency Page 6 page: 61

Section III: Construction

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 22,000,000 100% 22,000,000 Site Work/Demo Building Construction & Renovation 9,812,833 100 9,812,833 Furniture & Fixtures 0 0 0 Equipment 0 0 0 Equipment Subject to NYS Production Sales Tax 0 0 0 Engineering/Architect Exemption 100,000 100 100,000 sFinancial Charges 1,612,109 0 1,612,109 Legal 250,000 50 250,000 Other Title/Recording, Accounting, Tax Credit Fees 679,100 50 679,100 Management/Developer Fees 3,576,498 0 3,576,498 Total Project Cost 38,030,540 94.5% 38,030,540 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 $ 38,030,540 Project refinancing: estimated amount (for refinancing of existing debt only) $0 Sources of Funds for Project Costs:

1. Bank Financing $ _______________

28,000,000

2. Equity (excluding equity that is attributed to grants/tax credits) $ 0 3. Tax Exempt Bond Issuance (if applicable) $ _______________ 17,800,000*(see explanatory note in narrative) 4. Taxable Bond Issuance (if applicable) $ n/a Onondaga County Industrial Development Agency Page 7 page: 62

5. Public Sources (Include sum total of all state and federal grants

and tax credits) $ 10,030,540 -Identify each state and federal grant/credit:

4% Low-Income Housing Tax Credit Equity $ 10,030,540 $ $ 6. Total Sources of Funds for Project Costs $ _______________

38,030,540

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.

1. Are there people currently employed at the project site?

☐Yes ☐No If yes, provide number of FTE jobs at the facility: 4

2. Complete the following:

Estimate the number of FTE jobs to be retained as a result of this Project: 4 Estimate the number of construction jobs to be created by this Project: 35 Estimate the average length of construction jobs to be created (months): 16 months Current annual payroll at facility: 237,173 Average annual growth rate of wages: 3% Please list, if any, benefits that will be available to either full and/or part time PTO, health ins., EAP, 401(k), continuing education employees:

Average annual benefit paid by the company ($ or % salary) per FTE job: 7,361.20 Average growth rate of benefit cost: 3% Amount or percent of wage employees pay for benefits: 0% 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 jobs:

N/A Onondaga County Industrial Development Agency Page 8 page: 63 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 project Titles) Hourly) FTEs Year 1 Year 2 Year 3 Year 4 Year 5 completion Propety Manager 55,000 1 0 0 0 0 0 Property Superintendant $20 1 0 0 0 0 0 Maintenance Tech I $15 1 0 0 0 0 0 Maintenance Tech II $12 1 0 0 0 0 0 Job Creation Subtotal 4 0 0 0 0 0 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):

☐ Real Property Tax Abatement (PILOT): Proposed Schedule Attached ☐ Mortgage Recording Tax Exemption (.75% of amount mortgaged):

☐ Sales and Use Tax Exemption (4% Local, 4% State): 395,000 ☐ Tax Exempt Bond Financing (Amount Requested): $17,800,000 ☐ Taxable Bond Financing (Amount Requested):

Onondaga County Industrial Development Agency Page 9 page: 64 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:

$ 4,906,416.50 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):

$ $395,000 Onondaga County Industrial Development Agency Page 10 page: 65 Section IV: Estimate of Real Property Tax Abatement Benefits*** and Percentage of Project Costs Financed from Public Sector Sources ** 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.

A) PILOTS Estimate Table Worksheet OCIDA estimate of current value See attached PILOT proposal which was presented to the taxing jurisdictions. 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

1 100

2 90

3 80

4 70

5 60

6 50

7 40

8 30

9 20

10 10

TOTAL

*** 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 page: 66

Section V: Local Access Policy Agreement

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 revoking 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 Baldwinsville Senior Housing Preservation, LLC (the 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 an Agency tax-exempt certificate is valid for 12 months from the effective date of the project inducement and extended thereafter upon request by the Company. The Company further understands any request for a waiver to this policy must be submitted in writing and approved by the Agency before a tax exempt certificate is issued or extended.

I agree to the conditions of this agreement and certify all information provided regarding the construction and employment activities for the project as of July 16, 2019 (date). Company: Baldwinsville Senior Housing Preservation, LLC Representative for Contract: Eliot Reid __ Address: 8805 Bellwood Road City: Bethesda State: MD Zip: 20817 Phone: 202.557.4545 Email: eliot.reid@regenadvisors.com Project Address: 700 Conifer Drive City: Baldwinsville State: NY Zip: 13027 General Contractor: Gautieri/Foulger-Pratt Conifer Village, A Joint Venture Contact Person: Victor Gautieri Address: 45 Liberty Street City: Batavia State: NY Zip: 14020 Phone: 585-343-0852 Email: vgautieri@gautieri.com Authorized Representative: Eliot Reid Title: Authorized Person Signature:

Onondaga County Industrial Development Agency Page 12 page: 67

Section VI: Agency Fee Schedule

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 Fee for Manufacturing Projects under $10 million: 0.0075 of the project cost Fee for Agency Projects except those with PILOT agreements: 0.01 of the project cost Additional Fee for PILOT Agreement Projects: 0.0025 of the project cost Fee for bond refinancing & refunding: 0.0025 of the refinancing or refunding amount. 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 of OCIDA-owned property. Onondaga County Industrial Development Agency Page 13 page: 68

Section VII: Recapture of Tax Abatement/Exemptions

Information to be Provided by Companies: The Companies that receive benefits from OCIDA agree, whenever requested by the agency, to provide and certify or cause to be certified such information concerning the Company, its finances and other topics as the Agency from time to time reasonably considers 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. The Company also agrees to provide and certify information concerning its finances and other topics as the agency considers appropriate. This is primarily done through an annual survey.

Recapture of Benefits: It is the policy of the Agency to recapture the value of Payment in Lieu of Taxes (PILOT), State and County Sales Tax, and Mortgage Recording Tax Exemptions in accordance with the provisions contained herein and the Laws of the State of New York. Before receiving benefits, projects of the Agency must attest in writing to their understanding of an agreement to the Recapture Provisions of the Agency Uniform Tax Exemption Policy. The recapture provision contained herein may be modified from time to time by the Board at its sole discretion.

Recapture of a PILOT, Sales Tax and the Mortgage Recording Tax Exemptions: In the event the facility is sold or closed, or the number of jobs is below 75% of the number projected to be employed at time of application to the Agency, or there are material violations of the project agreements and no substantial future economic benefit is likely to accrue to the community, then the value of the Property Tax, Sales Tax and the Mortgage Recording Tax benefits extended to the project by the Agency shall be subject to recapture.

Recapture Payment: The Recapture payment paid by the Project to the Agency shall be determined (1) by the difference between any PILOT payments made by the Project and the property taxes that would be paid by the Project, if the property were not in the ownership or control of the Agency, (2) the value of any Mortgage Recording Tax Exemption, if awarded to the Project and (3) the amount of sales 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

2 Years 100%

3 Years 80%

4 Years 60%

5 Years 40%

6 Years 30%

7 Years 20%

8 Years 10%

8 Years or more 0%

Distribution of the Recapture Payment: Any funds recaptured as the result of an Agreement with the Agency shall be distributed to the affected taxing jurisdictions in the same proportion as if the payments were paid or owed by the Project on the date of recapture.

Onondaga County Industrial Development Agency Page 14 page: 69 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 benefits where:  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 Tax. Project operators must cooperate with the Agency in its effort to recapture all sales 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 NYS Law or IDA Policy which ever may be applicable. The Agency must remit the recaptured sales tax benefits to the State of New York 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 the any attempt to recapture benefits from an Agency project. 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 _________________________________ Baldwinsville Senior Housing Preservation, LLC Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: _________________________________ Eliot Reid, Authorized Person Date: ______________

7/16/2019

Onondaga County Industrial Development Agency Page 15 page: 70

Section VIII: Employment Plan

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? ☐Yes ☐No If yes, name and location:

Is the labor pool in Onondaga County and/or the CNY Economic Development Region adequate to fill new positions?

☐Yes ☐No 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), Baldwinsville Senior Housing Preservation, LLC , 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.

Baldwinsville Senior Housing Preservation, LLC , project beneficiary, also agrees to report to OCIDA on or before March 1 of each year of 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. Baldwinsville Senior Housing Preservation, LLC , project beneficiary, further agrees that, to the extent practicable and feasible, and subject to the requirements of any existing collective bargaining agreement, 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: ______________________________________________________ Baldwinsville Senior Housing Preservation, LLC Signature of Officer or Authorized Representative: ______________________________________ Name & Title of Officer or Authorized Representative: ___________________________________ Eliot Reid, Authorized Person Date: ______________

7/16/2018

Onondaga County Industrial Development Agency Page 16 page: 71 NYS Department of Labor:

Roy Jewell Associate Business Service Representative

450 South Salina Street, Syracuse, NY 13202 315-479-3362

roy.jewell@labor.ny.gov www.labor.ny.gov CNY Works Chris Kennedy Business Development Specialist

960 James Street, Syracuse, NY 13203

315-477-6974

ckennedy@cnyworks.com www.cnyworks.com Onondaga County Industrial Development Agency Page 17 page: 72

Section IX: Conflict of Interest

Agency Board Members

1. Patrick Hogan

2. Steve Morgan

3. Victor Ianno

4. Sue Stanczyk

5. Kevin Ryan

6. Janice Herzog

7. Fanny Villarreal

Agency Officers/Staff

1. Julie Cerio

2. Nathaniel Stevens

3. Karen Doster

4. Chris Cox

Agency Legal Counsel & Auditor 1. Anthony Rivizzigno, Esq., Barclay Damon LLP 2. 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 _________________________________ Baldwinsville Senior Housing Preservation, LLC Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: _________________________________ Eliot Reid, Authorized Person Date: ______________

7/16/2019

Onondaga County Industrial Development Agency Page 18 page: 73

Section X: Representations, Certifications, and Indemnification

Eliot Reid (Name of CEO or other authorized representative of

Applicant) confirms and says that he/she is the ____________________ Authorized Person (title) of Baldwinsville Senior Housing Preservation, LLC ____________________ (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, and 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 Onondaga County Industrial Development Agency Page 19 page: 74 Agency board members, said report being an agenda item subject to the open 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 of 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 page: 75 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 page: 76 Name of Applicant Company _______________________________________ Baldwinsville Senior Housing Preservation, LLC Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: _________________________________ Eliot Reid, Authorized Person Date: ______________

7/16/2019

STATE OF NEW YORK )

COUNTY OF ONONDAGA )ss.;

Eliot Reid , being first duly sworn, deposes and says: 1. That I am the Authorized Person (Corporate Office) of Baldwinsville Senior Housing Preservation, LLC (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 (Signature of Officer) Subscribed and affirmed to me under penalties of perjury this day of , 20 .

(Notary Public) End of Application Onondaga County Industrial Development Agency Page 22 page: 77 Project Summary 6/4/2020 1. Project Taft Solar LLC 2. Project Number 3101-20-01A 3. Location Manlius 4. School District East Syracuse

6. Project Type New Construction: Solar Development

5. Tax Parcel(s) 034.-01-20.1 Village - 7.Total Project Cost $ 15,140,800 8. Total Jobs 1.5 Land $ - 8A. Job Retention 0 Site Work $ 500,000 8B: Job Creation 1.5 Building $ 14,440,800 (Next 5 Years) Furniture & Fixtures $ - Equipment $ - Equipment Subject to NYS Production Exemption $ - Engineering/Architecture Fees $ - Financial Charges $ - Legal Fees $ 200,000 Other- Solar Installation Labor $ - Abatement/Benefit Analysis Taft Solar LLC Project Description Fiscal Impact ($) Estimated Abatement $ 883,698 Sales Tax $ 169,920 Mortgage Tax Property Tax Relief (PILOT) $ 713,778 Estimated New Investment $ 18,391,444 PILOT Payments $ 490,394 Project Wages (10 years) $ 1,872,000 Construct a 3.4 MW Solar Project at 6966 East Taft Rd in the Town of Manlius. Construction Wages $ 1,088,250 Employee Benefits (10 years) Project Capital Investment $ 14,940,800 New Sales Tax Generated N/A Agency Fees $ 190,260 Agency Legal Fees $ 37,852 Benefit:Abatement Ratio 20.81 :1 page: 78 Taft Solar LLC 6/4/2020 A) PILOTS Estimate Table Worksheet Current Revenue Generated by Parcel $ 2,271.58 Projected Year 1 Revenue to be generated as a result of the project: $ 15,300 Total Project Cost $ 15,140,800 OCIDA Estimate of Project Value $ 3,610,200 Projected MW (AC) to be generated 5 Estimated Property Tax Revenue if there was no project $ 56,297.23 Scheduled PILOT Payments $ 371,750 ESM School Full Tax Payment without Year Onondaga County Town of Manlius Total PILOT Net Exemption District PILOT 0.0% 0.0% 0.0% 0.0% 2019-2020 $ 333.48 $ 307.21 $ 1,630.89 $ 2,271.58 1 $ - $ - $ - $ 15,300 $ 19,748.04 $ 4,448 2 $ - $ - $ - $ 15,606 $ 20,143.00 $ 4,537 3 $ - $ - $ - $ 15,918 $ 20,545.86 $ 4,628 4 $ - $ - $ - $ 16,236 $ 20,956.77 $ 4,720 5 $ - $ - $ - $ 16,561 $ 21,375.91 $ 4,815 6 $ - $ - $ - $ 16,892 $ 21,803.43 $ 4,911 7 $ - $ - $ - $ 17,230 $ 22,239.50 $ 5,009 8 $ - $ - $ - $ 17,575 $ 22,684.29 $ 5,109 9 $ - $ - $ - $ 17,926 $ 23,137.97 $ 5,212 10 $ - $ - $ - $ 18,285 $ 23,600.73 $ 5,316 11 $ - $ - $ - $ 18,651 $ 24,072.75 $ 5,422 12 $ - $ - $ - $ 19,024 $ 24,554.20 $ 5,531 13 $ - $ - $ - $ 19,404 $ 25,045.29 $ 5,641 14 $ - $ - $ - $ 19,792 $ 25,546.19 $ 5,754 15 $ - $ - $ - $ 20,188 $ 26,057.12 $ 5,869 16 $ - $ - $ - $ 20,592 $ 176,585.41 $ 155,994 17 $ - $ - $ - $ 21,004 $ 180,117.11 $ 159,113 18 $ - $ - $ - $ 21,424 $ 183,719.46 $ 162,296 19 $ - $ - $ - $ 21,852 $ 187,393.84 $ 165,542 20 $ - $ - $ - $ 22,289 $ 191,141.72 $ 168,853 $ - $ - $ - $ 371,750 $ 1,260,469 $ 888,719

ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY

APPLICATION FOR BENEFITS

1. Fill in all blanks using “none”, “not applicable” or “not available”. If you have any questions about the way to respond, please call the Onondaga County Industrial Development Agency at 315-435-3770. 2. If providing an estimate put “(est.)” after the figure or answer. If more space is needed to answer any specific question, attach a separate sheet.

3. If the OCIDA Board approves benefits, it is the company’s responsibility to obtain and submit all necessary forms and documents. (ST-60, PILOT Agreement) 4. When completed, return this Application by mail or fax to the Agency at the address indicated below. A signed application may also be submitted electronically in PDF format to Nate Stevens at nstevens@ongov.net. An Application will not be considered by the Agency until the Application fee has been received.

5. The Agency will not give final approval for this Application until the Agency receives a completed NYS Full Environmental Assessment Form concerning the Project, which is the subject of this Application. The form is available at http://www.dec.ny.gov/permits/6191.html. 6. Please note the Public Officers Law declares all records in the possession of the OCIDA (with certain limited exceptions) are open to public inspection and copying. If the Applicant is of the opinion that there are elements of the Project which are in the nature of trade secrets which, if disclosed to the public or otherwise widely disseminated, would cause substantial injury to the Applicant’s competitive position, this

Applicant must identify such elements in writing and request that such elements be kept confidential. In accordance with Article 6 of the Public Officer’s Law, the OCIDA may also redact personal, private, and/or proprietary information from publicly disseminated documents.

7. The Applicant will be required to pay the Agency Application fee and, if accepted as a project of the agency, all administrative and legal fees as stated in Section VI of the Application.

8. A complete application consists of the following 9 items:

 This Application  Local Access Agreement  Employment Plan  Conflict of Interest  A feasibility statement indicating the need for the requested benefits  Description of project, Site Plans/Sketches, and Maps  NYS Full Environmental Assessment Form  A check payable to the Agency in the amount of $1,000  A check payable to Barclay Damon LLP in the amount of $2,500 9. This Application was adopted by the OCIDA Board on November 19, 2019.

Onondaga County Industrial Development Agency Page 1 page: 80 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

Section I: Applicant Information

Please answer all questions. Use “None”, “Not Applicable” and “See Attached” where necessary.

A) Applicant information-company receiving benefits:

Applicant Name: 7DIW6RODU//&

Applicant Address: :(OP6W6XLWH&*UHHQZLFK&7 Phone:   Fax:

KWWS VRXUFHUHQHZFRP Website: E-mail: DGD\#VRXUFHUHQHZFRP Federal ID#:  NAICS:  'HODZDUH State and Year of Incorporation/Organization: __________________________________________ Will a Real Estate Holding Company be utilized to own the Project property/ facility? ☐Yes ☐No What is the name of the Real Estate Holding Company: 6RXUFH/DQG+ROGLQJV//& Federal ID#:   State and Year of Incorporation/Organization: 'HODZDUH List of stockholders, members, or partners of Real Estate Holding Company:

6RXUFH5HQHZDEOHV//& ________________________________________________________________________________ B) Individual Completing Application:

Name: 0LFKDHO&RFTX\W Title: 3ODQQHU Address: 6WDWH6W6XLWH5RFKHVWHU1< Phone:    Fax:

E-mail: PFRFTX\W#ODEHOODSFFRP Onondaga County Industrial Development Agency Page 2 page: 81 C) Company Contact (if different from individual completing application):

Name: $QGUHZ'D\ Title: 0HPEHU Address: :(OP6W6XLWH&*UHHQZLFK&7 Phone:   Cell Phone:   E-mail: DGD\#VRXUFHUHQHZFRP D) Company Counsel:

Name of Attorney: 3HWHU&7ULPDUFKL Firm Name: 1L[RQ3HDERG\//3 Address: %URDGZD\WK)ORRU$OEDQ\1<  Phone:   Cell Phone:

E-mail: SWULPDUFKL#QL]RQSHDERG\FRP E) Business Organization (check appropriate category):

☐ Corporation ☐Partnership ☐ Public Corporation ☐Joint Venture ☐ Sole Proprietorship ☐Limited Liability Company Others (please specify):

Year Established:  State in which Organization is established: 'HODZDUH F) List all stockholders, members, or partners with % of ownership greater than 5% : Name % of ownership 6RXUFH5HQHZDEOHV//&  Onondaga County Industrial Development Agency Page 3 page: 82 G) Applicant Business Description:

Please attach a description of your company’s background, products, customers, goods and services. Estimated % of sales within Onondaga County:  _______________________________________ Estimated % of sales outside Onondaga County but within New York State:  Estimated % of sales outside New York State but within the U.S.:  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.

1. Is the company or management of the Company now a

☐Yes ☐No plaintiff or defendant in any civil or criminal litigation?

2. Has any person listed above ever been convicted of a

criminal offense (other than a minor traffic violation)? ☐Yes ☐No 3. Has any person listed in Section I ever been in receivership or declared bankruptcy? ☐Yes ☐No 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. ☐Yes ☐No Onondaga County Industrial Development Agency Page 4 page: 83

Section II: Project Information

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:  (DVW7DIW5G Legal Address (if different):

City: (DVW6\UDFXVH Village/Town: 0DQOLXV Zip Code:  School District: (DVW6\UDFXVH Tax Map Parcel ID(s):  Current Assessed Value:   Sq. Footage of Existing Building:  Census Tract:  B) Type (Check all that apply):

☐New construction ☐Purchase of machinery and/or equipment ☐Expansion/Addition to current facilities ☐Brownfield/Remediated Brownfield ☐Renovation of existing facility ☐LEED Certification ☐Acquisition of existing facility/property ☐Other:

☐Demolition 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:

☐ (i) the size of the Project in square feet and a breakdown of square footage per each intended use;

☐ (ii) the size of the lot upon which the Project sits or is to be constructed; ☐ (iii) the current use of the site and the intended use of the site upon completion of the Project;

☐ (iv) the principal products to be produced and/or the principal activities that will occur on the Project site; and ☐ (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 page: 84 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 6RODU3DQHO$UUD\ (QHUJ\6WRUDJH 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

2. Have any environmental issues been identified on the property?

☐Yes ☐No If yes, please attach an explanation.

Onondaga County Industrial Development Agency Page 6 page: 85

Section III: Construction

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   Site Work/Demo Building Construction & Renovation Furniture & Fixtures Equipment Equipment Subject to NYS Production Sales Tax Engineering/Architect Exemption sFinancial Charges Legal  Other Management/Developer Fees Total Project Cost  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 $  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) $    3. Tax Exempt Bond Issuance (if applicable) $ _______________

4. Taxable Bond Issuance (if applicable) $

Onondaga County Industrial Development Agency Page 7 page: 86

5. Public Sources (Include sum total of all state and federal grants

and tax credits) $  -Identify each state and federal grant/credit:

1<6(5'$6RODU*UDQW $  1<6(5'$%(66*UDQW $  $ 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.

1. Are there people currently employed at the project site?

☐Yes ☐No If yes, provide number of FTE jobs at the facility:

2. Complete the following:

6HHDWWDFKHG Estimate the number of FTE jobs to be retained as a result of this Project:

Estimate the number of construction jobs to   be created by this Project:

Estimate the average length of construction jobs to be created (months):

Current annual payroll at facility:

Average annual growth rate of wages:

Please list, if any, benefits that will be available to either full and/or part time employees:

Average annual benefit paid by the company ($ or % salary) per FTE job:

Average growth rate of benefit cost:

Amount or percent of wage employees pay for benefits:

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 jobs:

Onondaga County Industrial Development Agency Page 8 page: 87 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 project Titles) Hourly) FTEs Year 1 Year 2 Year 3 Year 4 Year 5 completion Service Technician $60/hr 0 1.5 Job Creation Subtotal 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):

☐ Real Property Tax Abatement (PILOT): \HDUV ☐ Mortgage Recording Tax Exemption (.75% of amount mortgaged):

☐ Sales and Use Tax Exemption (4% Local, 4% State):    ☐ Tax Exempt Bond Financing (Amount Requested):

☐ Taxable Bond Financing (Amount Requested):

Onondaga page: 88 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): $ 1$ Estimated Mortgage Recording Tax Exemption Benefit (product of mortgage amount as indicated above, multiplied by .0075): $ 1$ 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:

$  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):

$    Onondaga page: 89 County Industrial Development Agency Page 10

Section IV: Estimate of Real Property Tax Abatement Benefits

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

1 100

2 90

3 80

4 70

5 60

6 50

7 40

8 30

9 20

10 10

TOTAL

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 page: 90 County Industrial Development Agency Page 11

Section V: Local Access Policy Agreement

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 7DIW6RODU'HYHORSPHQW (the 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 (date). Company: 7DIW6RODU//& Representative for Contract: $QGUHZ'D\ __ Address: :HVW(OP6WUHHW6XLWH& City: *UHHQZLFK State: &7 Zip:  Phone:  Email:

Project Address:  (DVW7DIW5G City: (DVW6\UDFXVH State: 1< Zip:  General Contractor: 1RQHDWWKLVWLPH Contact Person:

Address: City: State: Zip: Phone: Email:

Authorized Representative: Title:

Signature:

Onondaga page: 91 County Industrial Development Agency Page 12

Section VI: Agency Fee Schedule

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 page: 92 County Industrial Development Agency Page 13

Section VII: Recapture of Tax Abatement/Exemptions

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

1 Year 80%

2 Years 60%

3 Years 40%

4 Years 20%

5 Years 10%

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 page: 93 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 benefits where:  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.

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From June 2020
Same source June 2020 · 2024-05-06