June 2020 — June-9-2020-OCIDA-Board-Meeting-Packet-Reduced.pdf ============================================================== 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 page 2 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: KWWSVRXUFHUHQHZFRP 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. 1. Distribution of Sales and Use Tax. Project operators must cooperate with the Agency in its effort to recapture all sales and use tax benefits received by the Company by promptly paying the recapture amount as determined by the Agency. The amount to be recaptured will be dictated by State Law or this UTEP Policy, which ever may be applicable. The Agency shall remit the recaptured sales and use tax benefits to the State within 30 days of receipt. 2. Compliance Report. Annually, the Agency will file an annual compliance report with the State of New York detailing its recapture terms and its activities to recapture benefits, including any attempt to recapture benefits from an Agency project. A “Full Time Permanent Employee” shall mean 1. A full time, permanent, private sector employee on the Company’s payroll, who has worked at the project location for a minimum of thirty hours per week for not less than four consecutive weeks and who is entitled to receive the usual and customary fringe benefits extended by Company to other employees with comparable rank, duties and hours; or 2. Up to three part time, permanent, private-sector employees on Company’s payroll, who have worked at the project location for a combined minimum of thirty hours per week for not less than four consecutive weeks and who are entitled to receive the usual and customary fringe benefits extended by Company to other employees with comparable rank, duties and hours. I have read the foregoing and agree to comply with all the terms and conditions contained therein as well as policies of the Onondaga County Industrial Agency. Name of Applicant Company 7DIW6RODU//& _________________________________ Signature of Officer or Authorized Representative: _________________________________ $QGUHZ'D\0HPEHU Name & Title of Officer or Authorized Representative: _________________________________ Date: ______________ Onondaga page: 94 County Industrial Development Agency Page 15 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), 7DIW6RODU//& , 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. 7DIW6RODU//& , project beneficiary, also agrees to report to OCIDA on or before March 1 of each year the status of employment opportunities filed with the New York State Department of Labor Business Services, including the number of new employment opportunities created, the number listed, and the number filled for the year ending the prior December 31. 7DIW6RODU//& , project beneficiary, further agrees that, to the extent practicable and feasible, and subject to the requirements of any existing collective bargaining agreement, the project beneficiary shall fill at least 10% of new employment opportunities with persons eligible for service under the Workforce Innovation and Opportunity Act of 2014. Name of Applicant Company: 7DIW6RODU//& ______________________________________________________ Signature of Officer or Authorized Representative: ______________________________________ $QGUHZ'D\0HPEHU Name & Title of Officer or Authorized Representative: ___________________________________ Date: ______________ 2/5/2020 Onondaga page: 95 County Industrial Development Agency Page 16 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 page: 96 County Industrial Development Agency Page 17 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. Robert M. Petrovich 2. Nathaniel Stevens 3. Genevieve A. Suits 4. Karen Doster 5. Chris Cox Agency Legal Counsel & Auditor 1. Anthony Rivizzigno, Esq., Barclay Damon LLP 2. Amanda Mirabito, Esq., Barclay Damon LLP 3. Michael G. Lisson, CPA, Grossman St. Amour Certified Public Accountants PLLC The Applicant has received from the Agency a list of members, officers and staff of the Agency. To the best of my knowledge, no member, officer or employee of the Agency has an interest, whether direct or indirect, in any transaction contemplated by this Application, except as hereinafter described: Name of Applicant Company 7DIW6RODU//& _________________________________ Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: $QGUHZ'D\0HPEHU _________________________________ Date: ______________ 2/5/2020 Onondaga page: 97 County Industrial Development Agency Page 18 Section X: Representations, Certifications, and Indemnification $QGUHZ'D\ (Name of CEO or other authorized representative of 0HPEHU Applicant) confirms and says that he/she is the ____________________ (title) of 7DIW6RODU//& ____________________ (name of corporation or other entity) named in the attached Application (the “Applicant”), that he/she has read the foregoing Application and knows the contents thereof, and hereby represents, understands, and otherwise agrees with the Agency and as follows: A. First Consideration for Employment: In accordance with §858-b (2) of the New York General Municipal Law, the Applicant understands and agrees that if the Project receives any Financial Assistance from the Agency, except as otherwise provided by collective bargaining agreements, where practicable, the Applicant will first consider persons eligible to participate in WIA programs who shall be referred by the CNY Works for new employment opportunities created as a result of the Project. B. Other NYS Facilities: In accordance with §862 (1) of the New York General Municipal Law, the Applicant understands and agrees that projects which will result in the removal of an industrial or manufacturing plant of the project occupant from one area of the state to another area of the state or in the abandonment of one or more plants or facilities of the project occupant within the state is ineligible for Agency Financial Assistance, unless otherwise approved by the Agency as reasonably necessary to preserve the competitive position of the project in its respective industry or is reasonably necessary. C. Annual Sales Tax Filings: In accordance with §874(8) of the New York General Municipal Law, the Applicant understands and agrees that if the Project receives any sales tax exemptions as part of the Financial Assistance from the Agency, the Applicant agrees to file, or cause to be filed, with the New York State Department of Taxation and Finance, the annual form prescribed by the Department of Taxation and Finance, describing the value of all sales tax exemptions claimed by the Applicant and all consultants or subcontractors retained by the Applicant. D. Outstanding Bonds: The Applicant understands and agrees to provide on an annual basis any information regarding bonds, if any, issued by the Agency for the project that is requested by the Comptroller of the State of New York. E. Employment Reports: The Applicant understands and agrees that, if the Project receives any financial assistance from the Agency, the Applicant agrees to file with the Agency, at least annually or as otherwise required by the Agency, reports regarding the number of people employed at the project site, salary levels, contractor utilization and such other information (collectively, “Employment Reports”) that may be required from time to time on such appropriate forms as designated by the Agency. Failure to provide Employment Reports within 30 days of an Agency request shall be an Event of Default under the PILOT Agreement between the Agency and Applicant and, if applicable, an Event of Default under the Agent Agreement between the Agency and Applicant. In addition, a Notice of Failure to provide the Agency with an Employment Report may be reported to Agency board members, with said report being an agenda item subject to the open Onondaga page: 98 County Industrial Development Agency Page 19 meetings law. F. Absence of Conflicts of Interest: The Applicant has received from the Agency a list of the members, officers and employees of the Agency. No member, officer or employee of the Agency has an interest, whether direct or indirect in any transaction contemplated by this Application, except as hereinafter described in Section X. G. Compliance: The Applicant understands and agrees that it is in substantial compliance with applicable local, state, and federal tax, worker protection, and environmental laws, rules, and regulations. H. The Applicant understands and agrees that the provisions of Section 862(1) of the New York General Municipal Law, as provided below, will not be violated if financial assistance is provided for the proposed Project: § 862. Restrictions on funds of the Agency. (1) No funds of the Agency shall be used in respect of any project if the completion thereof would result in the removal of an industrial or manufacturing plant of the project occupant from one area of the state to another area of the state or in the abandonment of one or more plants or facilities of the project occupant located within the state, provided, however, that neither restriction shall apply if the agency shall determine on the basis of the application before it that the project is reasonably necessary to discourage the project occupant from removing such other plant or facility to a location outside the state or is reasonably necessary to preserve the competitive position of the project occupant in its respective industry. I. The Applicant confirms and acknowledges that the owner, occupant or operator receiving financial assistance for the proposed Project is in substantial compliance with applicable local, state, and federal tax, worker protection and environmental laws, rules and regulations. J. The Applicant confirms and acknowledges that the submission of any knowingly false or knowingly misleading information may lead to the immediate termination of any financial assistance and the reimbursement of an amount equal to all or part of any tax exemption claimed by reason of the Agency’s involvement in the Project. K. The Applicant confirms and hereby acknowledges that as of the date of this Application, the Applicant is in substantial compliance with all provisions of Article 18-A of the New York General Municipal Law, including, but not limited to, the provision of Section 859- a and Section 862(1) of the New York General Municipal Law. L. The Applicant and the individual executing this Application on behalf of Applicant acknowledge that the Agency and its counsel will rely on the representations and covenants made in this Application when acting hereon and hereby represents that the statements made herein do not contain any untrue statement of a material fact and do not omit to state a material fact necessary to make the statement contained herein not misleading. Onondaga page: 99 County Industrial Development Agency Page 20 M. The OCIDA has the right to request and inspect supporting documentation regarding attestations made on this application. N. Hold Harmless Agreement: Applicant hereby releases Onondaga County Industrial Development Agency and the members, officers, servants, agents and employees thereof (the "Agency") from, agrees that the Agency shall not be liable for, and agrees to indemnify, defend and hold the Agency harmless from and against any and all liability arising from or expense incurred by: (A) the Agency's examination and processing of, and action pursuant to or upon, the attached Application, regardless of whether or not the Application or the Project described therein or the tax-exemptions and other assistance requested therein are favorably acted upon by the Agency; (B) the Agency's acquisition, construction, and/or installation of the Project described therein and (C) any further action taken by the Agency with respect to the Project, including without limiting the generality of the foregoing, all cause of action and attorney's fees and any other expenses incurred in defending any suits or action which may arise as a result of any of the foregoing. If, for any reason, the Applicant fails to conclude or consummate necessary negotiations, or fails, within a reasonable or specified period of time, to take reasonable, proper or requested action, or withdraws, abandons, cancels or neglects the Application, or if the Agency or the Applicant are unable to reach final agreement with respect to the Project, then, and in the event, upon presentation of an invoice itemizing the same, the Applicant shall pay to the Agency, its agents or assigns, all costs incurred by the Agency in the process of the Application, including attorney's fees, if any. 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Attachments Section 1, G) Description of your company’s background, products, customers, goods and services Taft Solar Development LLC is a wholly owned subsidiary of Source Renewables. Source Renewables LLC is a clean energy development company focused on the development of Solar PV, Energy Storage, and Hybrid Solar/Storage projects in the Americas. Source Renewables was formed by Source Structured Finance and ABA Clean Energy as a means to merge two energy development companies and provide a stronger unified value proposition to asset managers, customers, and the project development community. The Source Renewables team has deep experience in the energy and project finance markets, having developed and built more than 60MW’s of distributed Solar and Energy Storage. In addition to its already executed projects Source Renewables has a pipeline of over 300MW in various stages of development in the US. We currently have multiple projects in Pennsylvania, New Jersey and New York. For more information on the company please visit http://sourcerenew.com/ H) Percentage of total annual supplies, raw materials, and vendor services purchased from firms in Onondaga County. Taft Solar LLC does not have current vendors, suppliers, and contactors assigned to the project. We will make every effort to use local sources when feasible. Supplies specific to solar arrays are generally not available on a local level, however for general supplies, equipment and sub-contractors, we are committed to using local sources. I) NA J) Assistance form OCIDA, SIDA, NYS or OCDC page: 105 The project beneficiary has not yet received assistance, but wishes to disclose they are in the process of applying for the NY SUN NYSERDA solar grant and the NYSRDA energy storage grant. No other assistance has been received, or is planned to be requested, from named entities in the application. page: 106 Section II, C) Summary of how this project will help your business grow. Taft Solar Development, LLC has chosen this location as a target location for a photovoltaic solar facility. This solar plant, built at 6966 East Taft Rd. will increase Source Renewables overall power production capacity and reach, by providing residents the ability to obtain access to solar-generated electrical power. D) Description of Project Taft Solar Development, proposes to build a Community Distributed Generation photovoltaic (PV) solar facilities (“Solar Facility”) under New York State’s Community Solar initiative. Said Solar Facility is planned to have a nameplate capacity of approximately 5 megawatts (MW) alternating current (AC). The solar facility will be situated on approximately 20 acres of private land, on an approximate 35 acre area, owned by Taft Solar Development, LLC (the “Facility Site”) which is currently sitting as vacant land. The arrays will be complemented by a DC coupled energy storage systems to provide a community solar facility that will area residents the ability to obtain access to solar-generated electrical power. Source Renewables is requesting PILOT and a Sales and Use Exemption for the project because the project is not financially feasible without the funding. Additionally, with support from the agency, these supports will allow Taft Solar Development to offer local residents lower rates for electricity. H) Compelling Circumstances In addition to the descriptions provided in this application, I would like to submit this attachment outlining the unique benefits of community solar projects. Solar arrays, utilized for community solar, provide significant benefits for the environment and the community in which they are located. Adding battery storage to these arrays increases these benefits. Solar projects generate clean renewable energy that feeds the local utility grid. Through monetary crediting, that energy can be shared with customers in the same utility service area. Savings show up directly on their utility bill, in the form of dollar-value credits for up to 25 years. page: 107 Battery storage paired with solar allows us to produce power when the sun shines and deliver power when it is needed. This helps to increase the amount of renewable energy that is able to be placed on the electric grid. The inclusion of this battery storage is costly, however it helps to defer upgrades to utility generation, transmission and distribution, keeping costs and inflation down for all rate payers. Additionally, area regulation and voltage support improves smoother, higher quality electricity for the local community by reducing voltage spikes. With a well-developed project coupling these technologies, such as described for Taft Solar, provides benefits to the community environmentally, and financially, both for the local municipality and local residents. Section III, Part C and D Employment Information perform annual Taft Solar LLC will hire 3rd party contractors, preferably from the local area, to preform maintenance and inspection for the solar array. This work would support three individuals from the selected contractor firm for a total of 1000 hours per year each. The 2020 market rate for this contract work is $60 per hour with a reasonable increase per year to maintain market rate. This employment is expected to continue through the pilot agreement and beyond. The target total employment is 3,000 hours of work at a rate of $60 per hour for each of the next 20 years. Section V, Local access policy agreement Due to the complexity and specificity of Solar Array installation we, (Taft Solar LLC) will need to utilize a general contractor for the work involved. We will encourage, to the best of our ability, for sub- contractors and labor to be hired from the local pool. We hope to convey our appreciation and agreeance for the need to employ as many local laborers and businesses as possible, in the construction of this array. page: 108 Onondaga County Industrial Development Agency Project Summary 5/28/2020 1. Project DG New York CS, LLC 2. Project Number 3101-20-11A 3. Location Van Buren 4. School District West Genesee CSD 6. Project Type Solar Development 5. Tax Parcel(s) 055.-01-10.1 0 7.Total Project Cost $ 6,415,000 8. Total Jobs 0 Land $ - 8A. Job Retention 0 Site Work $ 836,000 8B: Job Creation 0 Building $ - (Next 5 Years) Furniture & Fixtures $ - Equipment $ 5,200,000 Equipment Subject to NYS Production $ - Exemption Engineering/Architecture Fees $ - Financial Charges $ - Legal Fees $ - Other- Solar Installation Labor $ - Cost Benefit Analysis DG New York CS, LLC Project Description Fiscal Impact ($) Abatement Cost $ 1,404,740 Sales Tax $ 416,000 Mortgage Tax $ - Property Tax Relief (PILOT) $ 988,740 New Investment $ 6,722,741 PILOT Payments $ 170,253 Project Wages (10 years) $ - Construction Wages $ 435,300 DG New York CS, LLC is proposing to construct and operate a 3 MW (AC) Solar generation and energy storage project. The proposed project site is in the Town of Van Buren south of the Employee Benefits (10 years) $ - intersection of Pottery Road and Herman Road. The project size is approximately 23.1 acres. Project Capital Investment $ 6,036,000 New Sales Tax Generated $ - Agency Fees $ 81,188 Agency Legal Fees $ 16,038 Benefit:Cost Ratio 5 :1 page: 109 DG New York CS, LLC 5/28/2020 A) PILOTS Estimate Table Worksheet Current Revenue Generated by Parcel $6,685 Projected Year 1 Revenue to be generated as a result of the project: $12,000 Total Project Cost $ 6,415,000 OCIDA Estimate of Project Value $ 1,300,000 Projected MW to be generated 3 West Genesee Full Tax Payment without Year Onondaga County Van Buren Total PILOT Net Exemption CSD PILOT 16.0% 12.2% 71.8% 100.0% 2019-2020 $ 1,069 $ 817 $ 4,799 $ 6,685 1 $ 1,919 $ 1,466 $ 8,616 $ 12,000 $ 39,719 $ 27,719 2 $ 1,957 $ 1,495 $ 8,788 $ 12,240 $ 40,514 $ 28,274 3 $ 1,996 $ 1,525 $ 8,964 $ 12,485 $ 41,324 $ 28,839 4 $ 2,036 $ 1,555 $ 9,143 $ 12,734 $ 42,151 $ 29,416 5 $ 2,077 $ 1,587 $ 9,326 $ 12,989 $ 42,994 $ 30,004 6 $ 2,118 $ 1,618 $ 9,512 $ 13,249 $ 43,853 $ 30,604 7 $ 2,161 $ 1,651 $ 9,703 $ 13,514 $ 44,730 $ 31,217 8 $ 2,204 $ 1,684 $ 9,897 $ 13,784 $ 45,625 $ 31,841 9 $ 2,248 $ 1,717 $ 10,095 $ 14,060 $ 46,538 $ 32,478 10 $ 2,293 $ 1,752 $ 10,296 $ 14,341 $ 47,468 $ 33,127 11 $ 2,339 $ 1,787 $ 10,502 $ 14,628 $ 48,418 $ 33,790 12 $ 2,386 $ 1,822 $ 10,712 $ 14,920 $ 49,386 $ 34,466 13 $ 2,433 $ 1,859 $ 10,927 $ 15,219 $ 50,374 $ 35,155 14 $ 2,482 $ 1,896 $ 11,145 $ 15,523 $ 51,381 $ 35,858 15 $ 2,532 $ 1,934 $ 11,368 $ 15,834 $ 52,409 $ 36,575 16 $ 2,582 $ 1,973 $ 11,595 $ 16,150 $ 62,670 $ 46,520 17 $ 2,634 $ 2,012 $ 11,827 $ 16,473 $ 63,923 $ 47,450 18 $ 2,687 $ 2,052 $ 12,064 $ 16,803 $ 65,202 $ 48,399 19 $ 2,740 $ 2,093 $ 12,305 $ 17,139 $ 66,506 $ 49,367 20 $ 2,795 $ 2,135 $ 12,551 $ 17,482 $ 67,836 $ 50,354 21 $ 2,851 $ 2,178 $ 12,802 $ 17,831 $ 69,193 $ 51,361 22 $ 2,908 $ 2,222 $ 13,058 $ 18,188 $ 70,577 $ 52,389 23 $ 2,966 $ 2,266 $ 13,320 $ 18,552 $ 71,988 $ 53,436 24 $ 3,026 $ 2,311 $ 13,586 $ 18,923 $ 73,428 $ 54,505 25 $ 3,086 $ 2,358 $ 13,858 $ 19,301 $ 74,896 $ 55,595 $ 61,455 $ 46,948 $ 275,960 $ 384,364 $ 1,373,103 $ 988,740 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: 111 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: DG New York CS, LLC Applicant Address: 700 Universe Blvd (mail stop: A1A/JB), Juno Beach, FL 33408 Phone: 561-400-8076 Fax: N/A https://www.nexteraenergyresources.com/what-we-do/solar/distributed-generation.html Website: E-mail: brian.harper@nee.com Federal ID#: 83-2622807 NAICS: 221114 State and Year of Incorporation/Organization: __________________________________________ Delware 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: ________________________________________________________________________________ B) Individual Completing Application: Name: Brian Harper Title: Project Manager Address: 700 Universe Blvd (mail stop: A1A/JB), Juno Beach, FL 33408 Phone: 561-400-8076 Fax: N/A E-mail: brian.harper@nee.com Onondaga County Industrial Development Agency Page 2 page: 112 C) Company Contact (if different from individual completing application): Name: same as individual completing application Title: Address: Phone: Cell Phone: E-mail: D) Company Counsel: Name of Attorney: Robert Ryan Firm Name: Harris Beach, PLLC Address: 358 Broadway, Saratoga Springs, NY 12866 Phone: (518) 701-2715 Cell Phone: E-mail: rryan@harrisbeach.com E) Business Organization (check appropriate category): ☐ Corporation ☐Partnership ☐ Public Corporation ☐Joint Venture ☐ Sole Proprietorship ☐Limited Liability Company Others (please specify): Year Established: 2018 State in which Organization is established: Delaware F) List all stockholders, members, or partners with % of ownership greater than 5% : Name % of ownership DG 1 Acquisition Co, LLC 100% Onondaga County Industrial Development Agency Page 3 page: 113 G) Applicant Business Description: Please attach a description of your company’s background, products, customers, goods and services. Estimated % of sales within Onondaga County: _______________________________________ up to 100% available to subscribers within the County Estimated % of sales outside Onondaga County but within New York State: up to 100% available within State 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: 114 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: 6719 Pottery Road Legal Address (if different): City: Warners Village/Town: Zip Code: 13164 School District: West Genesee Tax Map Parcel ID(s): 055.-01-10.1 Current Assessed Value: $145,000 Sq. Footage of Existing Building: Census Tract: 76760 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: 115 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 Solar & Energy Storage 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: 116 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 836,000 (est.) Building Construction & Renovation Furniture & Fixtures Equipment 5,200,000 (est.) Equipment Subject to NYS Production Sales Tax Engineering/Architect Exemption sFinancial Charges Legal Other Management/Developer Fees 379,000 (est.) 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 $ 6,415,000 Project refinancing: estimated amount (for refinancing of existing debt only) $0 Sources of Funds for Project Costs: 1. Bank Financing $ _______________ 0 2. Equity (excluding equity that is attributed to grants/tax credits) $ 6,415,000 3. Tax Exempt Bond Issuance (if applicable) $ _______________ 0 4. Taxable Bond Issuance (if applicable) $ 0 Onondaga County Industrial Development Agency Page 7 page: 117 5. Public Sources (Include sum total of all state and federal grants and tax credits) $ -Identify each state and federal grant/credit: NYSERDA $ not yet awarded ITC $ 1,500,000 (est.) $ 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: Estimate the number of FTE jobs to be retained as a result of this Project: N/A Estimate the number of construction jobs to be created by this Project: 30 Estimate the average length of construction jobs to be created (months): 4 Current annual payroll at facility: N/A Average annual growth rate of wages: N/A Please list, if any, benefits that will be available to either full and/or part time employees: N/A Average annual benefit paid by the company ($ or % salary) per FTE job: N/A Average growth rate of benefit cost: N/A Amount or percent of wage employees pay for benefits: N/A 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: 118 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 N/A 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): TBD ☐ Mortgage Recording Tax Exemption (.75% of amount mortgaged): ☐ Sales and Use Tax Exemption (4% Local, 4% State): TBD ☐ Tax Exempt Bond Financing (Amount Requested): ☐ Taxable Bond Financing (Amount Requested): Onondaga page: 119County 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): $ none Estimated Mortgage Recording Tax Exemption Benefit (product of mortgage amount as indicated above, multiplied by .0075): $ none 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: $ 5,200,000 Estimated State and local Sales and Use Tax Benefit (product of 8% multiplied by the figure, above) (This should match the amount in section “E” on this page, this calculation only exists to help you with your estimate): $ 416,000 Onondaga page: 120County 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: 121County 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 DG New York CS, 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 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 5/26/2020 (date). Company: DG New York CS, LLC Representative for Contract: Brian Harper __ Address: 700 Universe Blvd (mail stop: A1A/JB) City: Juno Beach State: FL Zip: 33408 Phone: 561-400-8076 Email: brian.harper@nee.com Project Address: 6719 Pottery Road City: Warners State: NY Zip: 13164 General Contractor: Contact Person: Address: City: State: Zip: Phone: Email: Authorized Representative: Title: Signature: Onondaga page: 122County 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: 123 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: 124 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. 1. Distribution of Sales and Use Tax. Project operators must cooperate with the Agency in its effort to recapture all sales and use tax benefits received by the Company by promptly paying the recapture amount as determined by the Agency. The amount to be recaptured will be dictated by State Law or this UTEP Policy, which ever may be applicable. The Agency shall remit the recaptured sales and use tax benefits to the State within 30 days of receipt. 2. Compliance Report. Annually, the Agency will file an annual compliance report with the State of New York detailing its recapture terms and its activities to recapture benefits, including any attempt to recapture benefits from an Agency project. A “Full Time Permanent Employee” shall mean 1. A full time, permanent, private sector employee on the Company’s payroll, who has worked at the project location for a minimum of thirty hours per week for not less than four consecutive weeks and who is entitled to receive the usual and customary fringe benefits extended by Company to other employees with comparable rank, duties and hours; or 2. Up to three part time, permanent, private-sector employees on Company’s payroll, who have worked at the project location for a combined minimum of thirty hours per week for not less than four consecutive weeks and who are entitled to receive the usual and customary fringe benefits extended by Company to other employees with comparable rank, duties and hours. I have read the foregoing and agree to comply with all the terms and conditions contained therein as well as policies of the Onondaga County Industrial Agency. Name of Applicant Company _________________________________ DG New York CS, LLC Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: _________________________________ Matthew Ulman, VP Development Date: ______________ 5/26/2020 Onondaga page: 125 County Industrial Development Agency Page 15 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), DG New York CS, 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. DG New York CS, LLC , project beneficiary, also agrees to report to OCIDA on or before March 1 of each year the status of employment opportunities filed with the New York State Department of Labor Business Services, including the number of new employment opportunities created, the number listed, and the number filled for the year ending the prior December 31. DG New York CS, LLC , project beneficiary, further agrees that, to the extent practicable and feasible, and subject to the requirements of any existing collective bargaining agreement, the project beneficiary shall fill at least 10% of new employment opportunities with persons eligible for service under the Workforce Innovation and Opportunity Act of 2014. Name of Applicant Company: ______________________________________________________ DG New York CS, LLC Signature of Officer or Authorized Representative: ______________________________________ Name & Title of Officer or Authorized Representative: ___________________________________ Matthew Ulman, VP Development Date: ______________ 5/26/2020 Onondaga page: 126 County Industrial Development Agency Page 16 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 page: 127County Industrial Development Agency Page 17 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. Robert M. Petrovich 2. Nathaniel Stevens 3. Nancy Lowery 4. Karen Doster 5. Chris Cox Agency Legal Counsel & Auditor 1. Jeffrey Davis, Esq., Barclay Damon LLP 2. Amanda Mirabito, Esq., Barclay Damon LLP 3. Michael G. Lisson, CPA, Grossman St. Amour Certified Public Accountants PLLC The Applicant has received from the Agency a list of members, officers and staff of the Agency. To the best of my knowledge, no member, officer or employee of the Agency has an interest, whether direct or indirect, in any transaction contemplated by this Application, except as hereinafter described: Name of Applicant Company _________________________________ DG New York CS, LLC Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: _________________________________ Matthew Ulman, VP Development Date: ______________ 5/26/2020 Onondaga page: 128 County Industrial Development Agency Page 18 Section X: Representations, Certifications, and Indemnification Matthew Ulman (Name of CEO or other authorized representative of Applicant) confirms and says that he/she is the ____________________ Vice President (title) of ____________________ DG New York CS, 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, an Event of Default under the Agent Agreement between the Agency and Applicant. In addition, a Notice of Failure to provide the Agency with an Employment Report may be reported to Agency board members, with said report being an agenda item subject to the open Onondaga page: 129 County Industrial Development Agency Page 19 meetings law. F. Absence of Conflicts of Interest: The Applicant has received from the Agency a list of the members, officers and employees of the Agency. No member, officer or employee of the Agency has an interest, whether direct or indirect in any transaction contemplated by this Application, except as hereinafter described in Section X. G. Compliance: The Applicant understands and agrees that it is in substantial compliance with applicable local, state, and federal tax, worker protection, and environmental laws, rules, and regulations. H. The Applicant understands and agrees that the provisions of Section 862(1) of the New York General Municipal Law, as provided below, will not be violated if financial assistance is provided for the proposed Project: § 862. Restrictions on funds of the Agency. (1) No funds of the Agency shall be used in respect of any project if the completion thereof would result in the removal of an industrial or manufacturing plant of the project occupant from one area of the state to another area of the state or in the abandonment of one or more plants or facilities of the project occupant located within the state, provided, however, that neither restriction shall apply if the agency shall determine on the basis of the application before it that the project is reasonably necessary to discourage the project occupant from removing such other plant or facility to a location outside the state or is reasonably necessary to preserve the competitive position of the project occupant in its respective industry. I. The Applicant confirms and acknowledges that the owner, occupant or operator receiving financial assistance for the proposed Project is in substantial compliance with applicable local, state, and federal tax, worker protection and environmental laws, rules and regulations. J. The Applicant confirms and acknowledges that the submission of any knowingly false or knowingly misleading information may lead to the immediate termination of any financial assistance and the reimbursement of an amount equal to all or part of any tax exemption claimed by reason of the Agency’s involvement in the Project. K. The Applicant confirms and hereby acknowledges that as of the date of this Application, the Applicant is in substantial compliance with all provisions of Article 18-A of the New York General Municipal Law, including, but not limited to, the provision of Section 859- a and Section 862(1) of the New York General Municipal Law. L. The Applicant and the individual executing this Application on behalf of Applicant acknowledge that the Agency and its counsel will rely on the representations and covenants made in this Application when acting hereon and hereby represents that the statements made herein do not contain any untrue statement of a material fact and do not omit to state a material fact necessary to make the statement contained herein not misleading. Onondaga page: 130 County Industrial Development Agency Page 20 M. The OCIDA has the right to request and inspect supporting documentation regarding attestations made on this application. N. Hold Harmless Agreement: Applicant hereby releases Onondaga County Industrial Development Agency and the members, officers, servants, agents and employees thereof (the "Agency") from, agrees that the Agency shall not be liable for, and agrees to indemnify, defend and hold the Agency harmless from and against any and all liability arising from or expense incurred by: (A) the Agency's examination and processing of, and action pursuant to or upon, the attached Application, regardless of whether or not the Application or the Project described therein or the tax-exemptions and other assistance requested therein are favorably acted upon by the Agency; (B) the Agency's acquisition, construction, and/or installation of the Project described therein and (C) any further action taken by the Agency with respect to the Project, including without limiting the generality of the foregoing, all cause of action and attorney's fees and any other expenses incurred in defending any suits or action which may arise as a result of any of the foregoing. If, for any reason, the Applicant fails to conclude or consummate necessary negotiations, or fails, within a reasonable or specified period of time, to take reasonable, proper or requested action, or withdraws, abandons, cancels or neglects the Application, or if the Agency or the Applicant are unable to reach final agreement with respect to the Project, then, and in the event, upon presentation of an invoice itemizing the same, the Applicant shall pay to the Agency, its agents or assigns, all costs incurred by the Agency in the process of the Application, including attorney's fees, if any. Onondaga page: 131 County Industrial Development Agency Page 21 Name of Applicant Company _______________________________________ DG New York CS, LLC Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: _________________________________ Matthew Ulman, Vice President Date: ______________ 5/26/2020 STATE OF NEW YORK ) COUNTY OF ONONDAGA )ss.; , being first duly sworn, deposes and says: 1. That I am the (Corporate Officer) of (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 Rev 1-9-20 Onondaga page: 132 County Industrial Development Agency Page 22 DG New York CS, LLC Project Overview DG New York CS, LLC is an independent, wholly owned subsidiary of NextEra Energy Resources, LLC. NextEra has been generating clean energy for nearly 30 years and is the world’s largest generator of wind and solar power, with more than 15,000 megawatts of wind and 2,300 MW of solar commercially operating in our portfolio. Our parent company, NextEra Energy, Inc. (NYSE: NEE), a Fortune 200 company with approximately $103 billion in total assets, is a leading clean energy company that has been in business since 1925. DG New York CS, LLC is petitioning the Town of Van Buren for a Special Use Permit/Site Plan approval to allow for the development of the Van Buren II Solar and Energy Storage Project (Project), a proposed 3- megawatt (MW) alternating current (AC) solar photovoltaic (PV) project located within the municipal jurisdiction of the Town of Van Buren, Onondaga County, New York. The proposed Project will be located on an approximately 32.99-acre parcel. The Project will be located to the west of Pottery Road and to the south of Herman Road and Interstate 90. The geographic coordinates of the center of the site are approximately 43.1013°/-76.2957°. The Project is designed to encompass 23.1 acres of the roughly 32.99-acre parcel. The parcel is located west of Pottery Rd and to the south of Herman Rd. The proposed Project will consist of ground-mounted PV arrays that will be mounted on a single axis tracking system, which is designed to track the sun’s movement, as the PV panels are designed to rotate and track. This type of PV array is designed to allow for higher solar energy capture efficiency than a static system. At their maximum height, the solar array, including trackers and inverters, will be approximately 10 to 12 feet above ground, and the battery storage equipment (if used) will be 12 feet above ground, a height unimposing to local residents. An approximately seven-foot perimeter fence will be installed around the footprint of the proposed Project. The fence will include manual swing gates and an access driveway (with an aggregate base). The site will be accessed from a new driveway via Pottery Road. This project will be part of the New York Community Solar program which provides local residential and commercial utility customers the opportunity to save money on their electric utility bill and benefit from clean, renewable energy. The project will also create local job opportunities during construction. The project will produce safe, clean and reliable power for New York. Solar is a quiet neighbor and partner in the community. It does not increase traffic or noise and will not be detrimental to or endanger health or safety of the public. A NextEra Energy Resources, LLC company 700 Universe Boulevard, Juno Beach, FL 33408 page: 133 1 2 3 4 5 6 VAN BUREN II DG SOLAR & E NextEra Energy, Inc. 2019 All Rights Reserved 700 UNIVERSE BLVD. JUNO BEACH, FL 33408 (914) 256-7644 ENERGY STORAGE PROJECT www.NextEraEnergy.com 6719 POTTERY ROAD IT IS A VIOLATION OF THE NEW YORK STATE EDUCATION LAW, ARTICLE 145, FOR ANY PERSON, UNLESS UNDER THE DIRECTION OF A NEW YORK STATE LICENSED PROFESSIONAL ENGINEER, TO ALTER AN ITEM WARNER, NEW YORK 13164 ON THIS DOCUMENT IN ANY WAY. STAMP: PARCEL #055.-01-10.1 PROPERTY BOUNDARY DISCRETIONARY PERMITTING D PROJECT AREA ENERGY STORAGE PROJECT VAN BUREN II DG SOLAR & 6719 POTTERY ROAD WARNERS, NY 13164 DRAWING INDEX MARK W BITZ FAMILY, LLC PROPERTY OWNER SHEET NUMBER SHEET TITLE C-001 CIVIL TITLE SHEET C-101 EXISTING CONDITIONS C-201 SITE PLAN C-202 TREE CLEARING PLAN C-401 SITE DETAILS C-402 FENCE & GATE DETAILS C-403 EROSION & SEDIMENT CONTROL DETAILS C PROJECT NUMBERS: LOCATION MAP SCALE 1"=1000' PROJECT SUMMARY 194-6777 SHEET TITLE: PARCEL NUMBER 055.-01-10.1 PARCEL ACREAGE 32.99 AC CIVIL TITLE SHEET PROJECT DEVELOPER PROJECT SCOPE ZONING CLASSIFICATION INDUSTRIAL A FRONT SETBACK 100 FT DG NEW YORK CS, LLC THIS PERMITTING PACKAGE PROVIDES DRAWINGS AND DETAILS FOR THE INSTALLATION OF A SOLAR PHOTOVOLTAIC SHEET SIZE: REAR SETBACK 100 FT 700 UNIVERSE BLVD A1A/JB SYSTEM AND BATTERY ENERGY STORAGE SYSTEM (BESS) IN THE STATE OF NEW YORK. THIS DRAWING SET IS FOR ARCH "D" JUNO BEACH, FL 33408 DISCRETIONARY PERMITTING PURPOSES ONLY, NOT FOR CONSTRUCTION. SIDE SETBACK 100 FT 24" X 36" (610 x 914) (914) 256-7644 ADDITIONAL SETBACK 200 FT FROM RESIDENTIAL LOTS THIS DOCUMENT IS THE PROPERTY OF TETRA TECH PROJECT AREA 23.1 ACRES WHO HAS UNLIMITED RIGHTS. THIS DOCUMENT IS PROVIDED UPON CONDITION THAT IT WILL NEITHER LATITUDE/LONGITUDE 43.1013°/-76.2957° BE REPRODUCED, COPIED, OR ISSUED TO A THIRD SYSTEM SIZE (DC) 3.78 MW B PARTY AND WILL BE USED SOLELY FOR THE ORIGINAL INTENDED PURPOSE. SYSTEM SIZE (AC) 3.00 MW CIVIL ENGINEER APPLICABLE CODES & STANDARDS JINKO SOLAR - CHEETAH HC 72M-V NO. REVISION DATE INIT. MODULE RISEN ENERGY RSM72-625P TETRA TECH · NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) 26-MODULE STRINGS ENGINEERING CORPORATION PC · NFPA 855 (REFERENCE ONLY) SERIES OF STRINGS 28-MODULE STRINGS 3136 SOUTH WINTON RD, SUITE 303 · 2015 INTERNATIONAL BUILDING CODE (IBC) AND NEW YORK AMENDMENTS INVERTER POWER ELECTRONICS - FREEMAQ FP3190K ROCHESTER, NEW YORK 14624 · 2015 INTERNATIONAL FIRE CODE (IFC) AND NEW YORK AMENDMENTS (585) 417-4009 · 2016 NEW YORK STATE STANDARDS AND SPECIFICATIONS FOR EROSION AND SEDIMENT CONTROL AVG. STRINGS PER INVERTER TBD · TOWN OF VAN BUREN, NY PROPOSED LOCAL LAW NO. J OF 2019 TRANSFORMER TBD BATTERY STORAGE 5.0 MW AC/15MWh CIVIL INFORMATION ROAD LENGTH 255 FT DATE: 12/06/2019 DRAWN BY: AJF FENCE LENGTH 3,320 FT ENGINEER: KMG SILT FENCE LENGTH 3,340 FT A APPROVED BY: PROJECT PHASE: DISCRETIONARY PERMITTING SCALE: AS SHOWN THIS PERMITTING PACKAGE, AND THE DATA HEREIN, NOT FOR SHEET NO.: IS INTENDED FOR PERMITTING PURPOSES ONLY, CONSTRUCTION C-001 AND IS NOT TO BE USED FOR CONSTRUCTION. page: 134 1 2 3 4 5 6 LEGEND NextEra Energy, Inc. 2019 All Rights Reserved E 700 UNIVERSE BLVD. JUNO BEACH, FL 33408 (914) 256-7644 www.NextEraEnergy.com IT IS A VIOLATION OF THE NEW YORK STATE EDUCATION LAW, ARTICLE 145, FOR ANY PERSON, UNLESS UNDER THE DIRECTION OF A NEW YORK STATE LICENSED PROFESSIONAL ENGINEER, TO ALTER AN ITEM ON THIS DOCUMENT IN ANY WAY. STAMP: GENERAL NOTES: D ENERGY STORAGE PROJECT VAN BUREN II DG SOLAR & 6719 POTTERY ROAD WARNERS, NY 13164 MARK W BITZ FAMILY, LLC PROPERTY OWNER C PROJECT NUMBERS: 194-6777 SHEET TITLE: EXISTING CONDITIONS SHEET SIZE: ARCH "D" 24" X 36" (610 x 914) THIS DOCUMENT IS THE PROPERTY OF TETRA TECH WHO HAS UNLIMITED RIGHTS. THIS DOCUMENT IS PROVIDED UPON CONDITION THAT IT WILL NEITHER BE REPRODUCED, COPIED, OR ISSUED TO A THIRD B PARTY AND WILL BE USED SOLELY FOR THE ORIGINAL INTENDED PURPOSE. NO. REVISION DATE INIT. DATE: 12/06/2019 DRAWN BY: AJF ENGINEER: KMG A APPROVED BY: THIS PERMITTING PACKAGE, AND THE DATA HEREIN, PROJECT PHASE: IS INTENDED FOR PERMITTING PURPOSES ONLY, DISCRETIONARY PERMITTING AND IS NOT TO BE USED FOR CONSTRUCTION. SCALE: AS SHOWN NOT FOR SHEET NO.: CONSTRUCTION C-101 page: 135 1 2 3 4 5 6 LEGEND NextEra Energy, Inc. 2019 All Rights Reserved E 700 UNIVERSE BLVD. JUNO BEACH, FL 33408 (914) 256-7644 www.NextEraEnergy.com IT IS A VIOLATION OF THE NEW YORK STATE EDUCATION LAW, ARTICLE 145, FOR ANY PERSON, UNLESS UNDER THE DIRECTION OF A NEW YORK STATE LICENSED PROFESSIONAL ENGINEER, TO ALTER AN ITEM ON THIS DOCUMENT IN ANY WAY. STAMP: GENERAL NOTES: D 1,2 ENERGY STORAGE PROJECT C-401 5 VAN BUREN II DG SOLAR & C-402 6719 POTTERY ROAD WARNERS, NY 13164 2 C-403 MARK W BITZ FAMILY, LLC PROPERTY OWNER 1,2 C-402 FRONT FRONT C #2 HVAC #1 HVAC 3,4 HVAC #3 #4 HVAC C-402 3 PROJECT NUMBERS: C-403 194-6777 SHEET TITLE: PROJECT DESCRIPTION SITE PLAN SYSTEM SIZE (DC) 3.78 MW SYSTEM SIZE (AC) 3.00 MW SHEET SIZE: AVG. DC/AC RATIO 1.26 ARCH "D" 24" X 36" (610 x 914) JINKO SOLAR - CHEETAH HC 72M-V MODULE RISEN ENERGY RSM72-625P THIS DOCUMENT IS THE PROPERTY OF TETRA TECH 405 W WHO HAS UNLIMITED RIGHTS. THIS DOCUMENT IS MODULE STC RATING PROVIDED UPON CONDITION THAT IT WILL NEITHER 325 W BE REPRODUCED, COPIED, OR ISSUED TO A THIRD STRING SIZE 26 B PARTY AND WILL BE USED SOLELY FOR THE ORIGINAL INTENDED PURPOSE. 28 315 (26) STRING QUANTITY NO. REVISION DATE INIT. 50 (28) RACKING SYSTEM SINGLE AXIS TRACKER RACKING MODEL TBD PITCH 16.25 FT SYSTEM AZIMUTH 180° POWER ELECTRONICS - FREEMAQ INVERTER FS3190K DATE: 12/06/2019 DRAWN BY: AJF ENGINEER: KMG A APPROVED BY: THIS PERMITTING PACKAGE, AND THE DATA HEREIN, PROJECT PHASE: IS INTENDED FOR PERMITTING PURPOSES ONLY, DISCRETIONARY PERMITTING AND IS NOT TO BE USED FOR CONSTRUCTION. SCALE: AS SHOWN NOT FOR SHEET NO.: CONSTRUCTION C-201 page: 136 1 2 3 4 5 6 LEGEND NextEra Energy, Inc. 2019 All Rights Reserved E 700 UNIVERSE BLVD. JUNO BEACH, FL 33408 (914) 256-7644 www.NextEraEnergy.com IT IS A VIOLATION OF THE NEW YORK STATE EDUCATION LAW, ARTICLE 145, FOR ANY PERSON, UNLESS UNDER THE DIRECTION OF A NEW YORK STATE LICENSED PROFESSIONAL ENGINEER, TO ALTER AN ITEM ON THIS DOCUMENT IN ANY WAY. STAMP: GENERAL NOTES: D ENERGY STORAGE PROJECT VAN BUREN II DG SOLAR & 6719 POTTERY ROAD WARNERS, NY 13164 MARK W BITZ FAMILY, LLC PROPERTY OWNER FRONT FRONT C #2 HVAC #1 HVAC #3 HVAC #4 HVAC PROJECT NUMBERS: 194-6777 SHEET TITLE: TREE CLEARING PLAN SHEET SIZE: ARCH "D" 24" X 36" (610 x 914) THIS DOCUMENT IS THE PROPERTY OF TETRA TECH WHO HAS UNLIMITED RIGHTS. THIS DOCUMENT IS PROVIDED UPON CONDITION THAT IT WILL NEITHER BE REPRODUCED, COPIED, OR ISSUED TO A THIRD B PARTY AND WILL BE USED SOLELY FOR THE ORIGINAL INTENDED PURPOSE. NO. REVISION DATE INIT. DATE: 12/06/2019 DRAWN BY: AJF ENGINEER: KMG A APPROVED BY: THIS PERMITTING PACKAGE, AND THE DATA HEREIN, PROJECT PHASE: IS INTENDED FOR PERMITTING PURPOSES ONLY, DISCRETIONARY PERMITTING AND IS NOT TO BE USED FOR CONSTRUCTION. SCALE: AS SHOWN NOT FOR SHEET NO.: CONSTRUCTION C-202 page: 137 Full Environmental Assessment Form Part 1 - Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that must be answered either “Yes” or “No”. If the answer to the initial question is “Yes”, complete the sub-questions that follow. If the answer to the initial question is “No”, proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the DSSOLFDQWRUproject sponsor to verify that the information contained in Part 1is accurate and complete. A. Project and $SSOLFDQWSponsor Information. Name of Action or Project: DG New York CS, LLC - Van Buren II Solar and Energy Storage Project Location (describe, and attach a general location map): South of Herman Road, West of Pottery Road, Town of Van Buren, Onondaga County, New York (see Attachment F.1 Figures) Brief Description of Proposed Action (include purpose or need): See Attachment F.2 Name of Applicant/Sponsor: Telephone: 561-694-3842 DG New York CS, LLC E-Mail: mithun.vyas@nexteraenergy.com Address: 700 Universe Blvd. A1A/JB City/PO: Juno Beach State: Zip Code: FL 33408 Project Contact (if not same as sponsor; give name and title/role): Telephone: 561-400-8076 Brian Harper, Project Manager E-Mail: brian.harper@nexteraenergy.com Address: same as sponsor City/PO: State: Zip Code: same as sponsor same as sponsor same as sponsor Property Owner (if not same as sponsor): Telephone: 315-303-5503 Mark W Bitz Family II, LLC E-Mail: Address: P.O. Box 240 City/PO: State: Zip Code: Memphis NY 13112 Page 1 of 13 page: 138 FEAF 2019 B. Government Approvals B. Government Approvals Funding, or Sponsorship. (“Funding” includes grants, loans, tax relief, and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a. City&RXQVHOTown%RDUG, ✔  Yes  No Special use permit, site plan approval, building or Village Board of Trustees permit b. City, Town or Village ✔  Yes  No Same Planning Board or Commission c. City Town or  Yes ✔  No Not known to be required Village Zoning Board of Appeals d. Other local agencies ✔  Yes  No Town may refer applications to other local officials for review e. County agencies  Yes  No Undetermined f. Regional agencies  Yes ✔  No g. State agencies ✔  Yes  No SPDES General Construction Permit NOI; others as yet undetermined h. Federal agencies  Yes  No Not yet known i. Coastal Resources. i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway?  Yes ✔  No ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program?  Yes ✔  No iii. Is the project site within a Coastal Erosion Hazard Area?  Yes ✔  No C. Planning and Zoning C.1. Planning and zoning actions. Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the  Yes ✔  No only approval(s) which must be granted to enable the proposed action to proceed? x If Yes, complete sections C, F and G. x If No, proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2. Adopted land use plans. a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site ✔  Yes  No where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action  Yes ✔  No would be located? b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway ✔  Yes  No Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; or other?) If Yes, identify the plan(s): _______________________________________________________________________________________________________ 2010 Development Guide for Onondaga County ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ✔  Yes  No or an adopted municipal farmland protection plan? If Yes, identify the plan(s): ________________________________________________________________________________________________________ Onondaga County Agriculture and Farmland Protection Plan (1997) ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ Page 2 of 13 page: 139 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ✔  Yes  No If Yes, what is the zoning classification(s) including any applicable overlay district? _________________________________________________________________________________________________________ Industrial A (IN-A). Chapter 160, Solar Photovoltaic Systems, is the town solar ordinance, scheduled to be replaced by a solar power section in Chapter 200 Zoning. _________________________________________________________________________________________________________ b. Is the use permitted or allowed by a special or conditional use permit? ✔  Yes  No c. Is a zoning change requested as part of the proposed action?  Yes ✔  No If Yes, i. What is the proposed new zoning for the site? ___________________________________________________________________ C.4. Existing community services. a. In what school district is the project site located? West ________________________________________________________________ Genesee Central School District b. What police or other public protection forces serve the project site? _________________________________________________________________________________________________________ Baldwinsville Police Department, Onondaga County Sheriff c. Which fire protection and emergency medical services serve the project site? __________________________________________________________________________________________________________ Lakeside Fire District, Community General Hospital d. What parks serve the project site? __________________________________________________________________________________________________________ Reed Webster Park, Van Buren Central Park, Onondaga Lake County Park, Camillus Forest Unique Area, Whiskey Hollow Nature Preserve, Beaver Lake Nature Center __________________________________________________________________________________________________________ D. Project Details D.1. Proposed and Potential Development a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all components)? Industrial _________________________________________________________________________________________________________ b. a. Total acreage of the site of the proposed action? _____________ 33 acres b. Total acreage to be physically disturbed? _____________ 16 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? _____________ 33 acres c. Is the proposed action an expansion of an existing project or use?  Yes ✔ No i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units, square feet)? % ____________________ Units: ____________________ d. Is the proposed action a subdivision, or does it include a subdivision? ✔ No  Yes  If Yes, i. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types) ________________________________________________________________________________________________________ ii. Is a cluster/conservation layout proposed?  Yes  No iii. Number of lots proposed? ________ iv. Minimum and maximum proposed lot sizes? Minimum __________ Maximum __________ H Will WKHproposed action be constructed in multiple phases?  Yes ✔ No L If No, anticipated period of construction: _____ 4.5 months LL If Yes: x Total number of phases anticipated _____ x Anticipated commencement date of phase 1 (including demolition) _____ month _____ year x Anticipated completion date of final phase _____ month _____year x Generally describe connections or relationships among phases, including any contingencies where progress of one phase may determine timing or duration of future phases: _______________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Page 3 of 13 page: 140 f. Does the project include new residential uses?  Yes ✔  No If Yes, show numbers of units proposed. One Family Two Family Three Family Multiple Family (four or more) Initial Phase ___________ ___________ ____________ ________________________ At completion of all phases ___________ ___________ ____________ ________________________ g. Does the proposed action include new non-residential construction (including expansions)? ✔  Yes  No If Yes, i. Total number of structures ___________ SeeAttF.2 ii. Dimensions (in feet) of largest proposed structure: ________height; SeeAttF.2 ________width; and _______ length iii. Approximate extent of building space to be heated or cooled: ______________________0.0 square feet h. Does the proposed action include construction or other activities that will result in the impoundment of any  Yes ✔  No liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage? If Yes, i. Purpose of the impoundment: ________________________________________________________________________________ ii. If a water impoundment, the principal source of the water:  Ground water  Surface water streams  Other specify: _________________________________________________________________________________________________________ iii. If other than water, identify the type of impounded/contained liquids and their source. _________________________________________________________________________________________________________ iv. Approximate size of the proposed impoundment. Volume: ____________ million gallons; surface area: ____________ acres v. Dimensions of the proposed dam or impounding structure: ________ height; _______ length vi. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete): ________________________________________________________________________________________________________ D.2. Project Operations a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both?  Yes ✔  No (Not including general site preparation, grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i .What is the purpose of the excavation or dredging? _______________________________________________________________ ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site? x Volume (specify tons or cubic yards): ____________________________________________ x Over what duration of time? ____________________________________________________ iii. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them. ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ iv. Will there be onsite dewatering or processing of excavated materials?  Yes  No If yes, describe. ___________________________________________________________________________________________ ________________________________________________________________________________________________________ v. What is the total area to be dredged or excavated? _____________________________________acres vi. What is the maximum area to be worked at any one time? _______________________________ acres vii. What would be the maximum depth of excavation or dredging? __________________________ feet viii. Will the excavation require blasting?  Yes  No ix. Summarize site reclamation goals and plan: _____________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment  Yes ✔ No into any existing wetland, waterbody, shoreline, beach or adjacent area? If Yes: i. Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic description): The ______________________________________________________________________________________________ design will avoid wetlands and waterbodies. See Attachment F.3. _________________________________________________________________________________________________________ Page 4 of 13 page: 141 ii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, or alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres: _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ iii. Will WKHproposed action cause or result in disturbance to bottom sediments? Yes  No If Yes, describe: __________________________________________________________________________________________ iv. Will WKHproposed action cause or result in the destruction or removal of aquatic vegetation?  Yes  No If Yes: x aFUHV of DTXDWLFvegetation proposed to be removed ___________________________________________________________ x H[SHFWHG acreage of aquatic vegetation remaining after project completion________________________________________ x purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): ____________________________ ____________________________________________________________________________________________________ x proposed method of plant removal: ________________________________________________________________________ x if chemical/herbicide treatment will be used, specify product(s): _________________________________________________ v. Describe any proposed reclamation/mitigation following disturbance: _________________________________________________ _________________________________________________________________________________________________________ c. Will the proposed action use, or create a new demand for water? ✔ No  Yes  If Yes: i. Total anticipated water usage/demand per day: __________________________ gallons/day ii. Will the proposed action obtain water from an existing public water supply?  Yes  No If Yes: x Name of district or service area: _________________________________________________________________________ x Does the existing public water supply have capacity to serve the proposal?  Yes  No x Is the project site in the existing district?  Yes  No x Is expansion of the district needed?  Yes  No x Do existing lines serve the project site?  Yes  No iii. Will line extension within an existing district be necessary to supply the project?  Yes  No If Yes: x Describe extensions or capacity expansions proposed to serve this project: ________________________________________ ____________________________________________________________________________________________________ x Source(s) of supply for the district: ________________________________________________________________________ iv. Is a new water supply district or service area proposed to be formed to serve the project site?  Yes  No If, Yes: x Applicant/sponsor for new district: ________________________________________________________________________ x Date application submitted or anticipated: __________________________________________________________________ x Proposed source(s) of supply for new district: _______________________________________________________________ v. If a public water supply will not be used, describe plans to provide water supply for the project: ___________________________ _________________________________________________________________________________________________________ vi. If water supply will be from wells (public or private), ZKDWLVWKHmaximum pumping capacity: _______ gallons/minute. d. Will the proposed action generate liquid wastes?  Yes ✔  No If Yes: i. Total anticipated liquid waste generation per day: _______________ gallons/day ii. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each): __________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ iii. Will the proposed action use any existing public wastewater treatment facilities?  Yes  No If Yes: x Name of wastewater treatment plant to be used: _____________________________________________________________ x Name of district: ______________________________________________________________________________________ x Does the existing wastewater treatment plant have capacity to serve the project?  Yes  No x Is the project site in the existing district?  Yes  No x Is expansion of the district needed?  Yes  No Page 5 of 13 page: 142 x Do existing sewer lines serve the project site?  Yes  No x Will Dline extension within an existing district be necessary to serve the project?  Yes  No If Yes: x Describe extensions or capacity expansions proposed to serve this project: ____________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ iv. Will a new wastewater (sewage) treatment district be formed to serve the project site?  Yes  No If Yes: x Applicant/sponsor for new district: ____________________________________________________________________ x Date application submitted or anticipated: _______________________________________________________________ x What is the receiving water for the wastewater discharge? __________________________________________________ v. If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed receiving water (name and classification if surface discharge or describe subsurface disposal plans): ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ vi. Describe any plans or designs to capture, recycle or reuse liquid waste: _______________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point ✔  Yes  No sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non-point source (i.e. sheet flow) during construction or post construction? If Yes: i. How much impervious surface will the project create in relation to total size of project parcel? _____ Square feet or _____ 0.13 acres (impervious surface) _____ Square feet or _____ 33 acres (parcel size) ii. Describe types of new point sources. __________________________________________________________________________ No new point sources _________________________________________________________________________________________________________ iii. Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties, groundwater, on-site surface water or off-site surface waters)? ________________________________________________________________________________________________________ Temporary runoff from construction will be discharged on-site and controlled by stormwater and sediment/erosion control best management practices. Sheet ________________________________________________________________________________________________________ flow from solar panels will infiltrate ground surface or be directed to existing wetland, drainage, and/or swale areas. No increase in runoff. x If to surface waters, identify receiving water bodies or wetlands: ________________________________________________ ____________________________________________________________________________________________________ See Sections D.2.b and E.2.h and Attachment F.3. ____________________________________________________________________________________________________ x Will stormwater runoff flow to adjacent properties?  Yes ✔  No iv. Does WKHproposed plan minimize impervious surfaces, use pervious materials or collect and re-use stormwater? ✔  Yes  No f. Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fuel ✔  Yes  No combustion, waste incineration, or other processes or operations? If Yes, identify: i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles) _________________________________________________________________________________________________________ Vehicles for occasional maintenance of facility equipment and lawn & landscaping equipment for seasonal grass cutting. See Attachment F.4. ii. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers) None ________________________________________________________________________________________________________ iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation) None ________________________________________________________________________________________________________ g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit,  Yes ✔  No or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet  Yes  No ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application, the project will generate: x ___________Tons/year (VKRUWWRQV) of Carbon Dioxide (CO2) x ___________Tons/year (VKRUWWRQV) of Nitrous Oxide (N22) x ___________Tons/year (VKRUWWRQV) of Perfluorocarbons (PFCs) x ___________Tons/year (VKRUWWRQV) of Sulfur Hexafluoride (SF6) x ___________Tons/year (VKRUWWRQV) of Carbon Dioxide equivalent of HydrofloXrocarbons (H)&V) x ___________Tons/year (VKRUWWRQV) of Hazardous Air Pollutants (HAPs) Page 6 of 13 page: 143 h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants,  Yes ✔ No landfills, composting facilities)? If Yes: i. Estimate methane generation in tons/year (metric): ________________________________________________________________ ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity, flaring): ________________________________________________________________________________________ _________________________________________________________________________________________________________ i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as  Yes ✔  No quarry or landfill operations? If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ✔  Yes  No new demand for transportation facilities or services? If Yes: i. When is the peak traffic expected (Check all that apply): † Morning † Evening †Weekend ✔ † Randomly between hours of __________ 7 a.m. to ________. 7 p.m. ii. For commercial activities only, projected number of truck trips/dayDQGW\SH HJVHPLWUDLOHUVDQGGXPSWUXFNV BBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB Intermittent increased truck trips during construction for delivery of materials/supplies. No increase in traffic during operations. LLL Parking spaces: Existing _____________BBBBBB Not applicable Proposed ___________ Net increase/decrease _____________BBBBBBBB ✔ LY 'RHVWKHSURSRVHGDFWLRQLQFOXGHDQ\VKDUHGXVHSDUNLQJ" 6.5 feet b. Are there bedrock outcroppings on the project site?  Yes ✔  No If Yes, what proportion of the site is comprised of bedrock outcroppings? __________________% c. Predominant soil type(s) present on project site: ___________________________ Madrid fine sandy loam 2-8% slopes 62 __________% ___________________________ Ontario and Madrid soils 15-25% slp 16 __________% ____________________________ Madrid fine sandy loam 8-15% slope 10 __________% d. What is the average depth to the water table on the project site? Average: _________ > 6 feet e. Drainage status of project site soils: ✔  Well Drained: _____% 92 of Vite ✔  Moderately Well Drained: _____% 8 of site  Poorly Drained _____% of Vite f. Approximate proportion of proposed action site with slopes: ✔  0-10%: _____% 77 of site ✔  10-15%: _____% 17 of site ✔  15% or greater: 6 _____% of site g. Are there any unique geologic features on the project site?  Yes ✔  No If Yes, describe: _____________________________________________________________________________________________ ________________________________________________________________________________________________________ h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, ✔  Yes  No ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site?  Yes ✔  No If Yes to either i or ii, continue. If No, skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal,  Yes ✔  No state or local agency? iv. For each identified UHJXODWHGwetland and waterbody on the project site, provide the following information x Streams: Name ____________________________________________ See Attachment F.3. Classification _______________________ ‡ Lakes or Ponds: Name ____________________________________________ Classification _______________________ t Wetlands: Name ____________________________________________ See Attachment F.3. Approximate Size ___________________ ‡ Wetland No. (if regulated by DEC) _____________________________ v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired ✔ No  Yes  waterbodies? If yes, name of impaired water body/bodies and basis for listing as impaired: _____________________________________________ ___________________________________________________________________________________________________________ i. Is the project site in a designatedFloodway?  Yes ✔  No j. Is the project site in the 100year Floodplain?  Yes ✔  No k. Is the project site in the 500year Floodplain?  Yes ✔  No l. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? ✔  Yes  No If Yes: i. Name of aquifer: Principal _________________________________________________________________________________________ Aquifer, Primary Aquifer (per NYSDEC Environmental Resource Mapper) Page 11 of 13 page: 148 m. Identify the predominant wildlife species that occupy or use the project site: ______________________________ American toad ______________________________ _______________________________ wild turkey songbirds (various) ______________________________ ______________________________ common garter snake red-tailed hawk _______________________________ gray squirrel ______________________________ white-tailed deer Eastern chipmunk raccoon n. Does the project site contain a designated significant natural community?  Yes ✔  No If Yes: i. Describe the habitat/community (composition, function, and basis for designation): _____________________________________ ________________________________________________________________________________________________________ ii. Source(s) of description or evaluation: ________________________________________________________________________ iii. Extent of community/habitat: x Currently: ______________________ acres x Following completion of project as proposed: _____________________ acres x Gain or loss (indicate + or -): ______________________ acres o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as ✔ Yes  No endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species? ,I