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May 2021 — FINAL-5.11.21-OCIDA-Board-Regular-Meeting-Packet-reduced.pdf

2024-05-06 · PDF · 29,269 words · collected 2026-08-07 Official copy↗ Archived PDF Plain text Mentions

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

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

ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY

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

PHONE: 315.435.3770  FAX: 315.435.3669  ONGOVED.COM Meeting Agenda May 11, 2021 8:00 AM Call to Order the Regular Meeting of the Agency A. Approval of Minutes-April 13, 2021 B. Treasurer’s Report C. Payment of Bills D. Conflict of Interest Action Items

1. Taft Road Solar LLC / SLH II, LLC (3101-21-09B) Second Meeting

Taft Road Solar LLC and SLH II, LLC are proposing to construct a 3.7 megawatt solar project in the Town of Manlius. The applicants are requesting exemptions from certain sales and use taxes, real property taxes, and real estate transfer taxes. Agency Action Requested:

a. A Resolution of the Board authorizing the financial assistance the agency will provide. Agency benefits requested include exemptions from certain sales and use taxes, real property taxes, and real estate transfer taxes.

Representative: Andrew Day, Member, Source Renewables, LLC

2. UR-Ban Village PFA, LLC (3101-21-07A) Second Meeting

UR-Ban Village PFA, LLC is proposing to develop 88 residential units at 100 Buckley Road, the former Will & Baumer candle factory site in the Town of Salina. The applicant is requesting exemptions from certain sales and use taxes, real property taxes, real estate transfer taxes and mortgage recording tax.

Agency Action Requested:

a. A Resolution of the Board to authorize adoption of a SEQRA determination. b. A Resolution of the Board authorizing the financial assistance the agency will provide. Agency benefits requested include exemptions from certain sales and use taxes, real property taxes, real estate transfer taxes and mortgage recording taxes. Representative: Vittorio Pascarella, Member, UR-Ban Villages PFA, LLC 3. Camillus Mills Redevelopment Company, Inc. / Camillus Mills Phase II, LLC (3101- 21-08A) Second Meeting Camillus Mills Redevelopment Company, Inc. and Camillus Mills Phase II, LLC are proposing the redevelopment of the Camillus Cutlery Company site in the Village of Camillus. The project consists of approximately 60,500 sq. ft. of occupied multi-use space and associated parking. The applicants are requesting exemptions from certain sales and use taxes, real estate transfer taxes and mortgage recording tax. Agency Action Requested:

a. A Resolution of the Board to authorize adoption of SEQRA determination. b. A Resolution of the Board authorizing the financial assistance the agency will provide. Agency benefits requested include exemptions from certain sales and use taxes, real estate transfer taxes and mortgage recording taxes.

Representative: Douglas Sutherland, Managing Member, Camillus Mills II, LLC

4. C2 NY Sentinel Heights Solar, LLC (3101-21-05A) Second Meeting

C2 NY Sentinel Heights Solar, LLC is proposing the construction of 3.375 megawatt solar project in the Town of Lafayette. The applicant is requesting exemption from certain sales and use taxes, real property taxes, real estate transfer taxes. Agency Action Requested:

a. A Resolution of the Board to authorize adoption of SEQRA determination. b. A Resolution of the Board authorizing the financial assistance the agency will provide. Agency benefits requested include exemptions from certain sales and use taxes, real property taxes, and real estate transfer taxes.

Representative: Elie Schechter, Consultant, C2 Energy Capital, LLC

5. Termination of Project Taft Solar LLC (3101-20-01A)

Agency Action Requested:

a. A Resolution of the Board acknowledging the Source Land Holdings LLC / Taft Solar LLC, project number 3101-20-01A, is revoking all financial assistance granted in connection with the project associated with this project number.

Representative: Robert Petrovich, Executive Director, OCIDA 2

6. White Pine Commerce Park Engineering Services

Agency Action Requested:

a. A Resolution of the Board authorizing a previously approved engineering firm to procure, select, coordinate and oversee a sub-contractor in connection with the White Pine Commerce Park Project.

Representative: Robert Petrovich, Executive Director, OCIDA Adjourn 3

SUBJECT TO BOARD APPROVAL

Onondaga County Industrial Development Agency Regular Meeting Minutes April 13, 2021 A regular meeting of the Onondaga County Industrial Development Agency was held on Tuesday, April 13, 2021 via Zoom Teleconference.

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

PRESENT:

Patrick Hogan Janice Herzog Victor Ianno Steve Morgan Susan Stanczyk

ABSENT:

Kevin Ryan Fanny Villarreal

ALSO PRESENT:

Robert Petrovich, Executive Director Nancy Lowery, Secretary Nate Stevens, Treasurer Karen Doster, Recording Secretary, Agency Carolyn Evans-Dean, Economic Development Jeff Davis, Barclay Damon Law Firm Kevin McAuliffe, Barclay Damon Law Firm Amanda Fitzgerald, Barclay Damon Law Firm Brandon Jacobson, Brolex Plank Road Jason Mehl, Brolex Plank Road Vittorio Pascarella, Ur-Ban Villages PFA Steve Calocerinos, Calocerinos Engineering Sarah Stephens, Ur-Ban Villages PFA Douglas Sutherland, Camillus Mills Redevelopment Elie Schechter, C2 NY Sentinel Heights Solar Brian Gerling, Bond, Schoeneck & King Law Firm Andrew Day, Taft Road Solar, LLC Michael Cocquay, Taft Road Solar, LLC Glenn MacKay, OYA Solar, LLC Bernadette Corpun, OYA Solar, LLC (Patrick Hogan shared information as to how the meeting will be conducted in light of COVID-

19.)

APPROVAL OF REGULAR MEETING MINUTES – MARCH 9, 2021 Nancy Lowery stated there was an admin error where a couple of names were duplicated under “Present”. She stated it will be corrected.

Upon a motion by Janice Herzog, seconded by Victor Ianno, the OCIDA Board approved the regular meeting minutes of March 9, 2021 meeting. Motion was carried.

TREASURER’S REPORT Nate Stevens gave a brief review of the Treasurer’s Report for the month of March 2021. Upon a motion by Janice Herzog, seconded by Victor Ianno, the OCIDA Board approved the Treasurer’s Report for the month of February 2021. Motion was carried.

PAYMENT OF BILLS

Nate Stevens gave a brief review of the Payment of Bills Schedule #454.

Steve Morgan asked what project is $23,300 to Ramboll America Engineering is pertaining to. Nate Stevens stated the White Pine project.

Steve Morgan asked if Barclay Damon is related to that as well. Nate Stevens stated yes. Upon a motion by Janice Herzog, seconded by Victor Ianno, the OCIDA Board approved the Payment of Bills Schedule #454 for $756,368.38, PILOT payments to the City of Syracuse for $8,493.64, Syracuse City School District for $14,547.90 and Onondaga County for $9,723.26. Motion was carried.

CONFLICT OF INTEREST DISCLOSURE

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

2

BROLEX PLANK ROAD LLC (3101-21-03A) SECOND MEETING

Janice Herzog recused herself from the meeting due to a conflict.

Brandon Jacobson stated the proposed project is in the heart of the Village of North Syracuse. He stated it is one of the remaining larger parcels that is available in the Village. He stated due to the market conditions locally in Onondaga County and nationally, there is a housing shortage. He stated there is a tremendous demand but also some tremendous challenges that will be in their way but hopefully with the support of the IDA they will be able to overcome some of them. He stated lumber has quadrupled in price in the last 10-12 months. He stated they are facing some major challenges to make the project economically viable. He stated the use of the sales tax and mortgage recording tax exemption will help with their project tremendously. He stated currently they are looking at 100-150% increase in lumber and lumber being the largest commodity that will be used on this project, help of the IDA benefits is going to be needed.

Steve Morgan asked with this project generating zero FTEs other than then construction jobs, can we grant benefits. Jeff Davis stated yes. He stated there is a provision of the UTEP dealing specifically with apartment housing. He stated we are consistent with our UTEP and there are other projects the IDA has done that are also consistent with the UTEP that do not generate FTE. He stated the most familiar would be the solar company that came before the Board recently. He stated they met the definition for a project as does this.

Nate Stevens stated there are 2 FTEs on the application and asked if that is correct. Brandon Jacobson stated yes and they will have a manager and a maintenance person full time. Patrick Hogan asked if there has been a lot of interest in the project and asked if it is 55 and over. Brandon Jacobson stated they are targeting the senior community. He stated the apartments will have elevators and there really isn’t anything in the village that offers that amenity so in the event that somebody can’t do stairs they have an option for them. He stated they can’t discriminate against who is going to rent the apartments but they do feel that 55 and over is the target. He stated they do understand the price to build a new home has increased tremendously so it gives another option to people who are in the area who want to stay in the area, utilize sidewalks and the amenities the Village has without the burden of homeownership. 3 Patrick Hogan stated it will make an equally accessible walkable community and a great concept for the Village. He stated many communities are striving for things like this and applauds Brolex.

Susan Stanczyk asked how many units there are. Brandon Jacobson stated there are 2 separate 3 story buildings with a total of 48 units.

Susan Stanczyk asked what the rent range is. Brandon Jacobson stated they are going to range from $1,000 to $1,250 for 1 and 2 bedroom apartments.

Nancy Lowery stated a public hearing was held and Town of Clay Supervisor Ulatowski called inquiring about its location. She stated he followed up with an email to say he supports the benefits being requested, sales and use and mortgage recording tax. She stated there was a letter of support from the Village Mayor echoing the same support for the requested benefits. Jeff Davis stated Barclay Damon reviewed the SEQR materials provided for the project including the EAF and noted its completeness. He stated this is an unlisted action under SEQR and an uncoordinated review is being done. He stated the first resolution before the Board related to SEQR is a recommendation for a resolution for a Negative Declaration under SEQR with a finding there will be no significant adverse effect on the environment as a result of the project.

Upon a motion by Victor Ianno, seconded by Susan Stanczyk, the OCIDA Board approved a resolution authorizing adoption of SEQRA negative declaration determination for the Brolex Plank Road LLC project. Motion was carried.

Upon a motion by Susan Stanczyk, seconded by Victor Ianno, the OCIDA Board approved a resolution authorizing the financial assistance the Agency will provide to include exemptions from certain sales and use taxes, and mortgage recording taxes. Motion was carried. Janice Herzog returned to the meeting.

4

UR-BAN VILLAGES PFA, LLC (3101-21-07A) INITIAL MEETING

Vittorio Pascarella stated they are a construction and property management company operating in and around the Syracuse area for about 40 years. He stated their roots were initially established in the construction field, more specifically residential housing. He stated over time they became very familiar and very good at rehabilitating old deteriorating properties and maintaining them under their management wing. He stated as of now they own about 600 units, 200 in the Town of Salina and 400 in and around the Syracuse area. He stated they are local to the area, lifelong residents in the Town of Salina and very familiar with the Will and Baumer site. He stated the site has been a blighted broken down property for some time. He stated a couple years ago he drove by, saw a for sale sign and decided to take on the task for a multifamily reuse project. He stated the initial approach was removing some of the less attractive structures, rehabilitating the iconic brick building, adding some new skin to some of the sound structures and taking down some of the shed like buildings. He stated their architect convinced them to keep most of the buildings as opposed to knocking them down. He stated they found they could reuse some of the older shed like buildings for covered parking and in this climate it seemed to be very welcomed by the community. He stated the overall project is going to be 200-250 units. He stated due to the size of the project they are looking to split it into three phases. He stated phase one will consist of a cleanup, site work, demolition and environmental. He stated it will include 88 units with 1-2 bedrooms ranging from 850 to 1,500 square foot. He stated they will accommodate a cross section of all type of residents from all generations. He stated the units will be handicap accessible. He stated for future phases they are looking at commercial business. He stated phase one specifically will have three new hires in the first year, one real estate and two maintenance staff. He stated as they bring more units online they will add an additional 3-4 people. He stated the project has obtained tremendous support from members of the town and they have letters of support from the Town Supervisor and town councilors. He stated National Grid is also supporting the project with an economic development grant. He stated given the condition of the property and the amount of working capital it is going to take to bring this back to life, the project cannot occur without a supportive community. He stated another curve ball thrown at them is the cost of materials has sky rocketed.

Robert Petrovich stated he briefed the County Executive on this project and he is very excited and supportive of it because it is an investment in an area that has been neglected for quite some 5 time. He stated it will certainly provide a good aesthetic redo of that particular area. He stated the County Executive is happy to see this project come forward.

Patrick Hogan stated that area borders an area he represents on the City Council and he is so encouraged with the materials he received about the project. He asked if they plan to keep some of the buildings and demolishing some of the others. Vittorio Pascarella stated initially that is what they anticipated but the plan is to keep all the buildings on site. He stated they are keeping and rehabbing the iconic brick building in front for apartments. He stated they are going to keep the old shed like structures for covered parking which solves some of the issues some people might have with finding covered parking. He stated if they can reuse the old sheds it helps with sustainability and feasibility of the project.

Patrick Hogan asked about SEQR. Kevin McAuliffe stated his understanding is the Town is going to function as lead agency. Jeff Davis stated for SEQR he is not sure the notice has been received yet but this should be a coordinated review so this Board does not have to do its own independent SEQR analysis. He asked that the applicant make sure that is accomplished. Upon a motion by Janice Herzog, seconded by Susan Stanczyk, the OCIDA Board approved a resolution authorizing a public hearing for the Ur-Ban Villages PFA, LLC project. Motion was

carried.

CAMILLUS MILLS REDEVELOPMENT COMPANY, INC./CAMILLUS MILLS II, LLC

(3101-21-08A) INITIAL MEETING Doug Sutherland stated before the Board is a request for mortgage and sales tax relief for the second phase of the Camillus Mills project. He stated the site is the old Camillus Cutlery. He stated the first phase of the project was completed in 2017 and was the rehabilitation of the historic old headquarters building. He stated the second phase is new construction being built on the concrete slab of the original Camillus Cutlery factory. He stated it was a wood frame building that went up in flames in 2013. He stated they were brought in by the site owner several years later and looked at it with the idea that they wanted to create a new project using the historic building plus two more buildings in a campus like way or a combination of buildings that felt like they had always existed. He stated the drawings in the board packet shows a building for phase two that resembles the old Camillus Cutlery factory and recalls the significant 6 features of that building. He stated the use is primarily residential with 15 apartments and 6,500 square feet of commercial space. He stated it is all a Brownfield and enrolled in the DEC voluntary cleanup program. He stated it is in a flood plain with 9 Mile Creek immediately east of the property with about 90% of the site they are proposing to develop now in that flood plain. He stated there are some challenges to it but the first phase project was well received. He stated they are approaching the second project with knowledge learned from the first and they think they will be well received again. He stated it has been reviewed by the State Historic Preservation Office because of the historic building next door and they have approved the plans. He stated they are now in Washington with the National Parks Service for final review which should happen in the next couple of weeks. He stated they are part way through their Village approvals, the SEQR process is well underway and should be completed in the near future. He stated they hope to start construction later this year.

Steve Morgan asked if Tom Blair is involved in the organization as part of Camillus Mills LLC. Douglas Sutherland stated Tom Blair is 20% partner of Camillus Mills Phase 2 LLC. Steve Morgan stated he is going to abstain from voting because Tom Blair is doing some legal work for him.

Upon a motion by Victor Ianno, seconded by Janice Herzog, the OCIDA Board approved a resolution authorizing a public hearing for the Camillus Mills Redevelopment Company, Inc./Camillus Mills Phase II, LLC project. Steve Morgan abstained. Motion was carried.

Jeff Davis stated he would suggest going into an executive session with regard to a discussion on the potential acquisition of parcels of land. He stated that discussion could potentially effect the value of the land as well as a legal advice session to discuss what could be potential litigation. Upon a motion by Janice Herzog, seconded by Patrick Hogan, the OCIDA Board went into executive session at 8:35 am. Motion was carried.

7 Upon a motion by Janice Herzog, seconded by Steve Morgan, the OCIDA Board adjourned executive session at 9:00 am. Motion was carried.

PURCHASE CONTRACT EXECUTION

Jeff Davis stated there are two proposed resolutions before the Board in regard to the acquisition of certain land. He stated the Agency is required to make a determination with respect to environmental impacts and any Type 1 or unlisted actions. He stated the environmental assessment form has been prepared by the Agency to determine whether the acquisition of the subject properties may have a significant effect on the environment. He stated this action is limited only to the acquisition of these lands as the Agency does not have a project before it concerning the use of the property. He stated the Agency has no current or proposed plans to develop the property. He stated since the Agency currently has no project for it or plans to develop the property in any way, any consideration to potential impacts associated with future development of the property would be purely speculative. He stated should the property be made available at some future date by the Agency for development, that future project or development would be required to undergo a complete and thorough environmental review pursuant to SEQR. He stated they have reviewed and prepared the EAF. He stated the acquisition of these lands constitutes an unlisted action under SEQR and does not direct any subsequent development or commit the Agency to any future actions. He stated any potential future development if it were to occur would be dependent upon environmental conditions and other factors which are currently unknown. He stated the Agency’s review of the project would be no less protected of the environments since any potential future development of the project or property must undergo a thorough environmental review pursuant to SEQR. He stated therefore this Agency acting as Lead Agency recommends that there be determined that there will be no significant adverse effect on the environment as a result of OCIDA acquiring these two parcels and will not require an environmental impact statement. He stated as a result the Agency is authorized to prepare a negative declaration with respect to the acquisition of these two parcels. He stated there are two resolutions before the Board that are very similar with regard to SEQR. He stated they are basically identical except for the project addresses. He stated he would request a motion to adopt the SEQR resolutions as he just read.

8 Upon a motion by Janice Herzog, seconded by Victor Ianno, the OCIDA Board approved a resolution issuing a negative declaration for each of the two proposed land acquisition resolutions. Motion was carried.

Upon a motion by Janice Herzog, seconded by Victor Ianno, the OCIDA Board approved a resolution authorizing the Executive Director to enter into two purchase contracts and any related documents with respect to two parcels of Property. Motion was carried.

Chairperson Patrick Hogan had to leave the IDA meeting and turned over the meeting to Vice Chairperson Janice Herzog.

HOLD FOR APRIL 29 SPECIAL MEETING TO REVIEW AND DISCUSS SUPPLEMENTAL

DRAFT EIS AND SET PUBLIC COMMENT AND HEARING SCHEDULE.

Jeff Davis stated a vote is needed to hold a special meeting so it can be appropriately noticed. Upon a motion by Victor Ianno, seconded by Susan Stanczyk, the OCIDA Board approved a resolution to hold a Special Meeting on Thursday, April 29, 2021 to review and discuss supplemental draft EIS and set public comment and hearing schedule. Motion was carried.

C2 NY SENTINEL HEIGHTS SOLAR, LLC (3101-21-05A) INITIAL MEETING

Robert Petrovich stated Brian Gerling from Bond Schoeneck &King is conflict counsel and is representing the Agency on this project as Barclay Damon has a conflict.

Elie Schechter stated he is a consultant for C2 Energy Capital and they have been developing this community solar project for about 1.5 years. He stated this is a project that is going to benefit the community so anyone in the greater Onondaga County area who is a National Grid rate payer that wants to subscribe to buy the electricity from this solar project at a lower rate and otherwise buying from a utility, would have an opportunity to do that. He stated they applied to National Grid for an inter-connection agreement. He stated they received confirmation from National Grid that there is capacity to connect this line along Sentinel Heights Road in Lafayette. He 9 stated they worked with the civil engineer to finalize their plan to go to the Zoning and Planning Board in the Town of Lafayette. He stated they received those approvals late last year and they were able to reserve NYSERTA incentives. He stated during the process of submitting the application and going through the review with the town, the Planning Board told them that their preference for these projects is to enter into a PILOT agreement and work through the IDA to finalize that PILOT Agreement. He stated they have included a SEQR negative declaration from the Planning Board as lead agency along with other information. He stated they hope to break ground later this year so the project can be operational by the end of 2021.

Janice Herzog stated the equipment they will use onsite will be specialized and asked how they expect to meet the local labor regulations in the Agency PILOT. She asked where they source their equipment from and how do they go about getting their labor. Elie Schechter stated the equipment is very specialized components and are not going to be able to source within Onondaga County. He stated their expectation is that those materials will be purchased elsewhere and brought in for the project. He stated based on everything they have looked for project requirements, their expectation is that they are going to fulfill the local labor requirements of installing those components and the electrical components. He stated the trackers which are the components that follow the sun throughout the day are specialized components that involve specialized labor that may be a little bit more constraining but their expectation is the labor would be fulfilled through Onondaga County and neighboring counties even if the actual material is not.

Janice Herzog asked what the percentage of local labor is. Elie Schechter stated they can certainly commit to 75% of the man power on site.

Nate Stevens stated in the Agency application the local labor policy states 100% local labor to actually construct the improvement on the parcel has to come from a 10 county area that is specifically named in the application. He stated there is not a requirement for the buying of equipment but the requirement is specifically related to the labor of the installation of the investment. Ellie Schechter stated that is their expectation and may have misunderstood the question. He stated their construction team has been working to fulfill that obligation that 100% of local labor would come from Onondaga County and neighboring counties even if the material is outside the county. He stated he is in agreement with that.

10 Janice Herzog asked who is ultimately responsible for maintaining the equipment and to make sure it is functioning. Elie Schechter stated ultimately that will be the responsibility of National Grid. He stated if National Grid is down or if there is a power outage, they can’t produce power. He stated if a tree falls down on a line or if there is a problem with a substation, then there system will have to go off line along with the National Grid system. He stated as long as National Grid system is online then their project will be online. He stated they are responsible for maintaining their project and ensuring it continues to be online and producing power. Janice Herzog stated we are going to be relying more and more on these types of solar projects in our community because of the aggressive green power push. She asked if an employee goes out to brush off the snow if need be. Elie Schechter stated if there is a heavy snow and the panels are covered in snow, they will be producing very little power but will produce some. He stated most companies will wait for the first sunny day after a snow storm because as soon as some of that light gets through, even if just a little bit, the panels start to get warm. He stated a lot of that energy gets absorbed as heat and not necessarily electricity. He stated that first sunny day will clear a lot of snow off the panels and that is what most companies do.

Brian Gerling stated the Town of Lafayette has taken the designation as lead agency on SEQR and has issued a negative declaration.

Upon a motion by Victor Ianno, seconded by Steve Morgan, the OCIDA Board approved a resolution authorizing a public hearing for the C2NY Sentinel Heights Solar, LLC project. Motion was carried.

TAFT ROAD SOLAR, LLC/SLH II, LLC (3101-21-09B) INITIAL MEETING

Andrew Day stated the application is an update to the previous resolution for this application. He stated in the development process the original concept had a 5 megawatt AC project that included battery storage. He stated through the site plan, permitting and SEQR process they adapted the site plan which resulted in a smaller system due to space constraints and taking into account DEC wetlands etc. He stated as a result the systems size changed and the cost decreased. He stated the original application had Source Land Holdings LLC as the landowner and they bought the company which was a wholly owned subsidiary of Source Renewables. He 11 stated like SLH II, LLC it is just the land holding company so they have the resolution under Source Land Holdings and the land had closed to SLH II as a separate land owning entity. He stated the purpose of this today is to update the application with proper size, design, cost and land holding.

Robert Petrovich states this is a basically a recasting of the project at a smaller level. Jeff Davis agreed and stated the Agency needs to go back through and rehold a public hearing. He stated the Board will have to vote again on the project.

Upon a motion by Susan Stanczyk, seconded by Victor Ianno, the OCIDA Board approved a resolution authorizing a public hearing for the Taft Road Solar, LLC/SLH II, LLC project. Motion was carried.

ABUNDANT SOLAR PROJECT (E1) LLC

Amanda Fitzgerald stated the Board approved financial assistance and closed the Abundant project in Skaneateles. She stated a few months ago a second Abundant project was approved in the Town of Elbridge. She stated much like the first Abundant project after the Board approved the benefits going to the Abundant Company with a specified ownership, the ownership of this project company had changed. She stated the company is in front of the Board today requesting approval for the change in ownership. She stated the different between this Abundant matter and Taft Solar is that here it is only the membership interest that is changing and not the total project company. She stated Abundant will remain the company that is getting the benefits, just the membership interest has changed. She stated Barclay Damon has looked through the documents of the new membership owner and recommend the Board approve the change in membership ownership.

Janice Herzog asked if this is a joint partnership. Amanda Fitzgerald stated Abundant Solar Power E1 LLC will remain the entity that is receiving the financial assistance but the ownership interest in the LLC has been sold.

12 Upon a motion by Victor Ianno, seconded by Susan Stanczyk, the OCIDA Board approved a resolution authorizing the sale of the membership interest of the Abundant Solar Project. Motion was carried.

OYA CHURCH ROAD A LLC (3101-20-04A)

Amanda Fitzgerald stated this is the same situation we had with Abundant. She stated Barclay Damon reviewed underlying entity documents of the new membership owners and recommends approving the sale of membership ownership.

Upon a motion by Victor Ianno, seconded by Susan Stanczyk, the OCIDA Board approved a resolution authorizing the sale of the membership interest of the OYA Church Road A LLC project. Motion was carried.

NEW YORK SUSQUEHANNA AND WESTERN RAILWAY CORPORATION

Robert Petrovich stated we have a lease hold interest in this entity’s project and rail line running through the city as part of a PILOT from way back when. He stated they are asking for assistance from the Agency to be able to make improvements to the West Onondaga Street Bridge. He stated a couple of years ago some pieces of concrete fell off the bridge and they temporarily restored it with something that is not as aesthetically pleasing as they would like. He stated they are applying for grant and hoping to rebuild the bridge going over West Onondaga Street in a better and more aesthetic manner. He stated they are asking for our agreement and support in that regard because we have a lease/leasehold relationship with them. He stated it is simply a resolution of support from the Board so they can proceed with their grant application. Upon a motion by Victor Ianno, seconded by Susan Stanczyk, the OCIDA Board approved a resolution supporting the New York, Susquehanna and Western Railway Corporation seeking funding sources for improvements to the bridge that passes over West Onondaga Street in the City of Syracuse and related structures. Motion was carried.

13 Upon a motion by Victor Ianno, seconded by Susan Stanczyk, the OCIDA Board adjourned the meeting at 9:30 am. Motion was carried.

_________________________________ Nancy Lowery, Secretary 14

ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY

333 WASHINGTON STREET, SUITE 130, SYRACUSE, NY 13202

PHONE: 315.435.3770 • FAX: 315.435.3669 April 30, 2021

2021 Budget Current YTD

Revenue / Expense / Income Current Period Current YTD Amount Change to Budget Operating Revenue 324,785 499,517 1,646,000 (1,146,483) Administrative Expense 45,638 144,766 1,008,000 (863,234) Operating/Program Exp. 151,198 244,117 638,000 (393,883) Net Ordinary Income 127,949 110,635 - 110,635 Current Assets Current YTD Prior YTD Total Cash 4,155,061 2,652,987 Less Pass Through Received 4,010 2,778 Available Cash 4,151,051 2,650,209 Receivables (less pass through rec.) 604,770 1,739,647 Grant Reimbursements - 268,733 Total 4,755,821 4,658,589 Reserve for Contracts County Operations 2021 863,234 333 W. Washington St 2021 Rent 50,015 OBG WPCP CO #4 Additional Studies 418,947 JMT 800 Hiawatha Engineering 11,816 Barclay Damon WPCP Options 50,000 Total 1,394,014 Receivables 0-120 days 382,746 > 120 days 222,024 Total 604,770 Onondaga County Industrial Development Agency Profit and Loss April 2021

TOTAL

Income

500 Operating Revenue

2116 Fees

2116.1 Agency Fees 323,750.00 2116.2 Application Fees 1,000.00 Total 2116 Fees 324,750.00 Total 500 Operating Revenue 324,750.00

501 Non-Operating Revenue

2401 Interest Income 35.80 Total 501 Non-Operating Revenue 35.80 Total Income $324,785.80 GROSS PROFIT $324,785.80 Expenses

6400 Operating Expense

6402 Rent 14,984.58 6405 General Accounting 1,193.40 6406 Other Professional Services 360.00 6406.50 Consulting Services 10,000.00 Total 6406 Other Professional Services 10,360.00 6407 Administrative Expense 45,637.88 6408 Meeting Expenses 1,687.06 6410 Office Expense 1,443.71

6412 Other Operating Expense

6412.1 COVID-19 Grants 1,622.01 Total 6412 Other Operating Expense 1,622.01 Total 6400 Operating Expense 76,928.64

6445 Special Counsel

6445.01 Blue Rock BS&K 3,450.75 Total 6445 Special Counsel 3,450.75

6450 Barclay Damon

6470 WPCP Development

6470.1 Options 6,136.25 6470.2 Land Purchases 26,368.19 6470.3 JMA SEQR/Envir 7,045.00 Total 6470 WPCP Development 39,549.44 6480 Roth Legal 2,616.52 Total 6450 Barclay Damon 42,165.96 Total 6440 Legal Fees 45,616.71 Page 19 Accrual Basis Thursday, May 6, 2021 01:54 PM GMT-04:00 1/2 Onondaga County Industrial Development Agency Profit and Loss April 2021

TOTAL

6500 Agency Program Expenses

6510 White Pine Commerce Park

6510.2 Site Analysis 23,300.50 6513 WPCP Option Agree Fees app 9-22-20 50,000.00 Total 6510 White Pine Commerce Park 73,300.50 6530 800 Hiawatha Blvd. West 6530.3 Engineering 990.00 Total 6530 800 Hiawatha Blvd. West 990.00 Total 6500 Agency Program Expenses 74,290.50 Total Expenses $196,835.85 NET OPERATING INCOME $127,949.95 NET INCOME $127,949.95 Page 20 Accrual Basis Thursday, May 6, 2021 01:54 PM GMT-04:00 2/2 Onondaga County Industrial Development Agency Balance Sheet As of April 30, 2021

TOTAL

ASSETS

Current Assets Bank Accounts 200 Cash 0.00 200.1 Cash - M & T Checking 3,273,618.23 200.2 Cash - M & T Money Maker Savings 890,350.53 200.4 Destiny USA Restricted Cash -8,957.82 210 Petty Cash 50.00 Total 200 Cash 4,155,060.94 Total Bank Accounts $4,155,060.94 Accounts Receivable 380 Accounts Rec.

380.6 A/R Fees, Lease & PILOT 390,764.69 Total 380 Accounts Rec. 390,764.69 Total Accounts Receivable $390,764.69 Other Current Assets 391 Long Tern Receivable 222,024.00 Total Other Current Assets $222,024.00 Total Current Assets $4,767,849.63 Page 21 Accrual Basis Thursday, May 6, 2021 01:55 PM GMT-04:00 1/3 Onondaga County Industrial Development Agency Balance Sheet As of April 30, 2021

TOTAL

Fixed Assets

100 Land

101 White Pines Commerce Park 2,070,401.50

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 3,877,146.03 106 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 5,133,491.53

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 -2,862.00 213 A/D Buildings -81,335.00 Total Fixed Assets $5,052,155.93 Other Assets 240 Blue Sky Redevelopment 1,641.76 Total Other Assets $1,641.76 TOTAL ASSETS $9,821,647.32 Page 22 Accrual Basis Thursday, May 6, 2021 01:55 PM GMT-04:00 2/3 Onondaga County Industrial Development Agency Balance Sheet As of April 30, 2021

TOTAL

LIABILITIES AND EQUITY

Liabilities Current Liabilities Other Current Liabilities 600 Accounts Payable 0.00 600.1 Due to Related Party - OED 144,765.65 600.206 Mileage Reimbursement 92.34 600.208 BlueRock Energy Agreement Deposit 25,000.00 600.209 Syracuse Rail Overpayment 500.00 Total 600 Accounts Payable 170,357.99

601 PILOT and Pass Thru Payable

603 PILOT Pass Thru 8,018.69 604 Other Pass Thrus 74,063.70 Total 601 PILOT and Pass Thru Payable 82,082.39

631 Due to Other Governments

631.1 Towns

631.12 Dewitt 140.76 Total 631.1 Towns 140.76

631.3 Schools

631.305 Baldwinsville 1.00 631.315 East Syracuse-Minoa 747.66 631.356 Syracuse 1,489.19 Total 631.3 Schools 2,237.85 631.4 Onondaga County 1,220.36 631.5 City of Syracuse 411.36 Total 631 Due to Other Governments 4,010.33 Total Other Current Liabilities $256,450.71 Total Current Liabilities $256,450.71 Total Liabilities $256,450.71 Equity 3900 Equity Unreserved 6,735,894.07 3901 Equity-Investment Fixed Assets 2,345,838.63 463 Reserve For Contracts 1,394,013.54 465 Equity - Unreserved -1,021,184.54 Net Income 110,634.91 Total Equity $9,565,196.61 TOTAL LIABILITIES AND EQUITY $9,821,647.32 Page 23 Accrual Basis Thursday, May 6, 2021 01:55 PM GMT-04:00 3/3

ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY

PAYMENT OF BILL - SCHEDULE #456 May 11, 2021

GENERAL EXPENSES

1. BARCLAY DAMON LLP $ 7,181.25 Inv#5118330, Legal thru 3-31-21 2. FEDEX $ 22.10 Inv#7-344-05489, Shipping 3. BROWN & BROWN EMPIRE STATE $ 5,809.00 Inv#5196120, 2021 D&O Insurance Premium TOTAL $ 13,012.35 1

ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY

PAYMENT OF BILL - SCHEDULE #456 May 11, 2021 PILOT Payments 1. CITY OF SYRACUSE $ 1,981.29

2021 PILOT Payments

2. ONONDAGA COUNTY $ 9,526.00

2021 PILOT Payments

3. TOWN OF CAMILLUS $ 5,200.68

2021 Finger Lakes Railway PILOT Payment

4. TOWN OF DEWITT $ 156.23

2021 PILOT Payments

5. TOWN OF ELBRIDGE $ 2,118.96

2021 Finger Lakes Railway PILOT Payment

6. TOWN OF GEDDES $ 70.50

2021 Finger Lakes Railway PILOT Payment

7. TOWN OF ONONDAGA $ 3.15 1st Quarter 2021 Syracuse Rail PILOT Payment 8. VILLAGE OF CAMILLUS $ 899.40

2021 Finger Lakes Railway PILOT Payment

9. VILLAGE OF SOLVAY $ 563.46

2021 Finger Lakes Railway PILOT Payment

10. EAST SYRACUSE MINOA CSD $ 747.66 1st 2021 Armoured One PILOT Payment 11. JAMESVILLE DEWITT CSD $ 101.26 1st Quarter 2021 Syracuse Rail PILOT Payment 12. JORDAN ELBRIDGE CSD $ 17,938.33

2021 Finger Lakes Railway PILOT Payment 1

Schedule #456 13. MARCELLUS CSD $ 268.50

2021 Finger Lakes Railway PILOT Payment

14. SOLVAY UNION FSD $ 3,597.08

2021 Finger Lakes Railway PILOT Payment

15. SYRACUSE CSD $ 1,489.21 1st 2021 Armoured One PILOT Payment 16. WEST GENESEE CSD $ 12,632.04 1st 2021 Armoured One PILOT Payment TOTAL $ 57,293.75 2

ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY

RESERVE FOR CONTRACTS

4/30/2021

CONTRACT TOTAL PORTION BALANCE

DESCRIPTION TERM CONTRACT PAID OUTSTANDING ONONDAGA COUNTY OED 2021 1-1-21-12-31-21 $1,008,000.00 $144,765.65 $863,234.35 333 W. WASHINGTON ST 2021 RENT 1-1-21-12-31-21 $65,000.00 $14,984.58 $50,015.42 OBG WPCP CO #4 ADDITIONAL STUDIES 11-30-18-12-31-21 $800,000.00 $381,052.63 $418,947.37 JMT 800 HIAWATHA ENGINEERING 2/13/19-12-31-21 $25,000.00 $13,183.60 $11,816.40 BARCLAY DAMON WPCP OPTIONS 11/30/20-12-31-21 $200,000.00 $150,000.00 $50,000.00 $2,098,000.00 $703,986.46 $1,394,013.54

ACCOUNTS RECEIVABLE

4/30/2021

AGENCY FEES RECEIVABLE $381,246.00 ACCOUNTS RECEIVABLE GENERAL $1,500.00 QUASI-EQUITY LOAN RECEIVABLE $0.00 GRANTS RECEIVABLE $0.00 LONG TERM RECEIVABLE $222,024.00 TOTAL $604,770.00 Onondaga County Industrial Development Agency DRAFT Project Summary 4/12/2021 1. Project Taft Solar, LLC 2. Project Number 3101-21-09B 3. Location Manlius 4. School District East Syracuse-Minoa School District

6. Project Type Solar Panel Array and Energy Storage

5. Tax Parcel(s) 034.-01-20.1 Manlius 7.Total Project Cost $ 5,215,600 8. Total Jobs 1.5 Land $ - 8A. Job Retention 0.0 Site Work $ 500,000 8B: Job Creation 1.5 Building $ 4,515,600 (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 $ - Cost Benefit Analysis Taft Solar, LLC Project Description Fiscal Impact ($) Abatement Cost $ 220,244 Sales Tax $ 37,128 Mortgage Tax $ - Property Tax Relief (PILOT) $ 183,116 New Investment $ 8,556,696 PILOT Payments $ 314,651 Project Wages (10 years) $ 1,872,000 Construction Wages $ 1,088,250 Construct a 3.7 MW Solar Project at 6966 East Taft Rd in the Town of Manlius. Employee Benefits (10 years) $ - Project Capital Investment $ 5,215,600 New Sales Tax Generated $ - Agency Fees $ 66,195 Agency Legal Fees $ 13,039 Benefit:Cost Ratio 39 :1 Taft Solar, LLC DRAFT 4/12/2021 A) PILOTS Estimate Table Worksheet Current Revenue Generated by Parcel $ 2,275 Expected Revenue from the Parcel if no project occurred $ 56,386 Projected Year 1 Revenue to be generated as a result of the project: $12,950 Scheduled PILOT Payments $ 314,651 Total Project Cost $ 5,215,600 OCIDA Estimate of Project Value $ 1,253,900 Projected MW to be generated 3.7 East Syracuse-Minoa Full Tax Payment without Year Onondaga County Manlius Total PILOT Net Exemption School District PILOT 14.6% 13.6% 71.7% 100.0% 2020-2021 $ 333 $ 309.94 $ 1,632.29 $ 2,275 1 $ 1,895 $ 1,764 $ 9,291 $ 12,950 $ 8,745 $ (4,205) 2 $ 1,933 $ 1,799 $ 9,477 $ 13,209 $ 8,920 $ (4,289) 3 $ 1,972 $ 1,835 $ 9,666 $ 13,473 $ 9,098 $ (4,375) 4 $ 2,011 $ 1,872 $ 9,859 $ 13,743 $ 9,280 $ (4,463) 5 $ 2,051 $ 1,910 $ 10,057 $ 14,017 $ 9,466 $ (4,552) 6 $ 2,092 $ 1,948 $ 10,258 $ 14,298 $ 9,655 $ (4,643) 7 $ 2,134 $ 1,987 $ 10,463 $ 14,584 $ 9,848 $ (4,736) 8 $ 2,177 $ 2,026 $ 10,672 $ 14,875 $ 10,045 $ (4,831) 9 $ 2,220 $ 2,067 $ 10,886 $ 15,173 $ 10,246 $ (4,927) 10 $ 2,265 $ 2,108 $ 11,103 $ 15,476 $ 10,451 $ (5,026) 11 $ 2,310 $ 2,150 $ 11,325 $ 15,786 $ 10,660 $ (5,126) 12 $ 2,356 $ 2,193 $ 11,552 $ 16,102 $ 10,873 $ (5,229) 13 $ 2,403 $ 2,237 $ 11,783 $ 16,424 $ 11,090 $ (5,333) 14 $ 2,451 $ 2,282 $ 12,019 $ 16,752 $ 11,312 $ (5,440) 15 $ 2,501 $ 2,328 $ 12,259 $ 17,087 $ 11,538 $ (5,549) 16 $ 2,551 $ 2,374 $ 12,504 $ 17,429 $ 66,591 $ 49,162 17 $ 2,602 $ 2,422 $ 12,754 $ 17,778 $ 67,923 $ 50,145 18 $ 2,654 $ 2,470 $ 13,009 $ 18,133 $ 69,281 $ 51,148 19 $ 2,707 $ 2,520 $ 13,270 $ 18,496 $ 70,667 $ 52,171 20 $ 2,761 $ 2,570 $ 13,535 $ 18,866 $ 72,080 $ 53,214 $ 46,045 $ 42,864 $ 225,742 $ 314,651 $ 497,767 $ 183,116 Source Renewables, LLC

545 Steamboat Road

Greenwich, CT 06830 April 6, 2021 Nancy Lowery Office of Economic Development Onondaga County 333 W. Washington Street, Suite 130 Syracuse, NY 13202 nancylowery@ongov.net RE: Taft Solar LLC Application Update Dear Nancy – The purpose of this letter is to update information pertaining to the Application for Benefits dated February 5, 2020 submitted by our project company Taft Solar LLC to the Onondaga County Industrial Development Agency.

We request that the application be amended with the following changes:

1. The Real Estate Holding Company name should be changed from Source Land Holdings, LLC to SLH II, LLC. SLH II, LLC is a 100% owned subsidiary of Source Renewables, LLC formed in Delaware in October of 2020 and authorized to conduct business in the State of New York. 2. The applicant’s address should be updated to 545 Steamboat Road, Greenwich CT 06830 and phone number updated to 917-426-0805.

3. Please include Barry Carrigan of Nixon Peabody LLP as authorized company council. 4. The project size and design has been adjusted to 3.7 MW AC/ 4.42 MW DC single axis tracker solar array without battery storage as part of design requirements from the Town of Manlius and input from the NYDEC and Army Corps. The footprint is within the scope of the original application.

5. The total project cost should be adjusted to $5,215,600.

6. The gross amount of goods and services subject to State and local Sales and US tax is estimated to be $464,100 resulting in a sales tax amount of $37,128 at an 8% rate.

Thank you for making these changes to the application. We are enthusiastic to begin construction of this project in the next couple of months. We appreciate the support of the Onondaga County IDA in bringing this beneficial project to fruition.

Sincerely, Andrew Day Manager Taft Solar, LLC

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 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: Taft Solar LLC

Applicant Address: 41545 W Steamboat Road, Elm St, Suite GreenwichCT C, Greenwich, CT06830

06830

Phone: (480) (917)272-1542 426-0805 Fax:

http://sourcerenew.com/ Website: E-mail: aday@sourcerenew.com Federal ID#: 84-4135053 NAICS: 221114 Delaware 2020 State and Year of Incorporation/Organization: __________________________________________ Will a Real Estate Holding Company be utilized to own the Project property/ facility? x☐Yes ☐No What is the name of the Real Estate Holding Company: Source SLH II Land LLC Holdings LLC Federal ID#: 84-2449887

85-3882834

State and Year of Incorporation/Organization: Delaware 2017 List of stockholders, members, or partners of Real Estate Holding Company:

Source Renewables LLC ________________________________________________________________________________ B) Individual Completing Application:

Name: Michael Cocquyt Title: Planner Address: 300 State St. Suite 201, Rochester NY 14614 Phone: (585) 287-9087 Fax:

E-mail: mcocquyt@labellapc.com Onondaga County Industrial Development Agency Page 2 Delaware, 2020 C) Company Contact (if different from individual completing application):

Name: Andrew Day Title: Member Address: 41 545WSteamboat Elm St, Suite C, Greenwich, Road, GreenwichCT

CT06830

06830

Phone: (203) (917)542-5651 426-0805 Cell Phone: (480) 272-1542 E-mail: aday@sourcerenew.com D) Company Counsel:

Name of Attorney: Peter Barry C. Trimarchi Carrigan Firm Name: Nixon Peabody LLP Address: 677 Broadway, 10th Floor, Albany NY 12207-2996 Phone: (518) (585) 427-2671 263-1591 Cell Phone: (585) 729-7885 E-mail: ptrimarchi@nizonpeabody.com bcarrigan@nixonpeabody.com E) Business Organization (check appropriate category):

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

Year Established: 2020 State in which Organization is established: Delaware F) List all stockholders, members, or partners with % of ownership greater than 5% : Name % of ownership Source Renewables LLC 100% Onondaga County Industrial Development Agency Page 3 G) Applicant Business Description:

Please attach a description of your company’s background, products, customers, goods and services. Estimated % of sales within Onondaga County: 100% _______________________________________ Estimated % of sales outside Onondaga County but within New York State: 100% 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 X ☐No Onondaga County Industrial Development Agency Page 4

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: 6966 East Taft Rd Legal Address (if different):

City: East Syracuse Village/Town: Manlius Zip Code: 13057 School District: East Syracuse Tax Map Parcel ID(s): 034.-01-20.1 Current Assessed Value: 64,900 Sq. Footage of Existing Building: 0 Census Tract: 154 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 X ☐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 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 X Other Solar Panel Array & 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?

X ☐Yes ☐No 2. Will the project create new employment opportunities or retain existing jobs that may otherwise be lost?

☐Yes X ☐No 3. Does the project beneficiary serve a customer base primarily outside of Onondaga County?

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

Onondaga County Industrial Development Agency Page 6

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 $500,000 Building Construction & Renovation

14,440,800

$4,515,600 Furniture & Fixtures Equipment Equipment Subject to NYS Production Sales Tax Engineering/Architect Financial Charges Legal $200,000 Other Management/Developer Fees Total Project Cost 15,140,800 $5,215,600 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 $ 15,140,800 $5,215,600 Project refinancing: estimated amount (for refinancing of existing debt only) $ Sources of Funds for Project Costs:

1. Bank Financing 7,930,000

2,630,609

$ _______________ $ 4,989,300

1,127,405

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

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

$ 2,221,500

1,457,586

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

NYSERDA Solar Grant $ 637,500

1,457,586

NYSERDA BESS Grant $ 1,584,000 $ $5,215,600 6. Total Sources of Funds for Project Costs 15,140,800 $ _______________ 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 X If yes, provide number of FTE jobs at the facility:

2. Complete the following:

See attached 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:

50 6 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 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 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):

☐ X Real Property Tax Abatement (PILOT):

☐ Mortgage Recording Tax Exemption (.75% of amount mortgaged):

X Sales and Use Tax Exemption (4% Local, 4% State): $37,128 ☐ ☐ Tax Exempt Bond Financing (Amount Requested):

☐ Taxable Bond Financing (Amount Requested):

Onondaga County Industrial Development Agency Page 9 F) Mortgage Recording Tax Exemption Benefit Calculator: Amount of mortgage that would be subject to mortgage recording tax:

Mortgage Amount (include sum total of construction/permanent/ bridge financing): $ NA Estimated Mortgage Recording Tax Exemption Benefit (product of mortgage amount as indicated above, multiplied by .0075): $ NA 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:

$ 2,124,000 $464,100 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):

169,920

$$37,128 Onondaga 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 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 Taft Solar Development (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 04/08/2021 (date).

Company: Taft Solar LLC Representative for Contract: Andrew Day __ Address: 41545West Elm Road, Steamboat Street, Suite CCT 06830 City: Greenwich Greenwich State: CT Zip: 06830 Phone: 203-542-5651 (917) 426-0805 Email:

Project Address: 6966 East Taft Rd City: East Syracuse State: NY Zip: 13057 General Contractor: None at this time.

Contact Person:

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

Authorized Representative: Andrew Robert Day Title: Manager Signature:

Onondaga 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 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 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 Taft Solar LLC _________________________________ Signature of Officer or Authorized Representative: _________________________________ Andrew Day, Member Name & Title of Officer or Authorized Representative: _________________________________

04/08/2021

Date: ______________ Onondaga 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 X ☐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 X ☐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), Taft Solar 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.

Taft Solar 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. Taft Solar 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: Taft Solar LLC ______________________________________________________ Signature of Officer or Authorized Representative: ______________________________________ Andrew Day, Member Name & Title of Officer or Authorized Representative: ___________________________________ Date: 04/08/2021 ______________

2/5/2020

Onondaga 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 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 Taft Solar LLC _________________________________ Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: Andrew Day, Member _________________________________ Date: ______________

2/5/2020

04/08/2021

Onondaga County Industrial Development Agency Page 18

Section X: Representations, Certifications, and Indemnification

Andrew Day (Name of CEO or other authorized representative of Member

Applicant) confirms and says that he/she is the ____________________ (title) of Taft Solar 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 County Industrial Development Agency Page 19 meetings law.

F. Absence of Conflicts of Interest: The Applicant has received from the Agency a list of the members, officers and employees of the Agency. No member, officer or employee of the Agency has an interest, whether direct or indirect in any transaction contemplated by this Application, except as hereinafter described in Section X.

G. Compliance: The Applicant understands and agrees that it is in substantial compliance with applicable local, state, and federal tax, worker protection, and environmental laws, rules, and regulations.

H. The Applicant understands and agrees that the provisions of Section 862(1) of the New York General Municipal Law, as provided below, will not be violated if financial assistance is provided for the proposed Project:

§ 862. Restrictions on funds of the Agency. (1) No funds of the Agency shall be used in respect of any project if the completion thereof would result in the removal of an industrial or manufacturing plant of the project occupant from one area of the state to another area of the state or in the abandonment of one or more plants or facilities of the project occupant located within the state, provided, however, that neither restriction shall apply if the agency shall determine on the basis of the application before it that the project is reasonably necessary to discourage the project occupant from removing such other plant or facility to a

location outside the state or is reasonably necessary to preserve the competitive position of the project occupant in its respective industry.

I. The Applicant confirms and acknowledges that the owner, occupant or operator receiving financial assistance for the proposed Project is in substantial compliance with applicable local, state, and federal tax, worker protection and environmental laws, rules and regulations.

J. The Applicant confirms and acknowledges that the submission of any knowingly false or knowingly misleading information may lead to the immediate termination of any financial assistance and the reimbursement of an amount equal to all or part of any tax exemption claimed by reason of the Agency’s involvement in the Project.

K. The Applicant confirms and hereby acknowledges that as of the date of this Application, the Applicant is in substantial compliance with all provisions of Article 18-A of the New York General Municipal Law, including, but not limited to, the provision of Section 859- a and Section 862(1) of the New York General Municipal Law.

L. The Applicant and the individual executing this Application on behalf of Applicant acknowledge that the Agency and its counsel will rely on the representations and covenants made in this Application when acting hereon and hereby represents that the statements made herein do not contain any untrue statement of a material fact and do not omit to state a material fact necessary to make the statement contained herein not misleading.

Onondaga County Industrial Development Agency Page 20 M. The OCIDA has the right to request and inspect supporting documentation regarding attestations made on this application.

N. Hold Harmless Agreement: Applicant hereby releases Onondaga County Industrial Development Agency and the members, officers, servants, agents and employees thereof (the "Agency") from, agrees that the Agency shall not be liable for, and agrees to indemnify, defend and hold the Agency harmless from and against any and all liability arising from or expense incurred by: (A) the Agency's examination and processing of, and action pursuant to or upon, the attached Application, regardless of whether or not the Application or the Project described therein or the tax-exemptions and other assistance requested therein are favorably acted upon by the Agency; (B) the Agency's acquisition, construction, and/or installation of the Project described therein and (C) any further action taken by the Agency with respect to the Project, including without limiting the generality of the foregoing, all cause of action and attorney's fees and any other expenses incurred in defending any suits or action which may arise as a result of any of the foregoing. If, for any reason, the Applicant fails to conclude or consummate necessary negotiations, or fails, within a reasonable or specified period of time, to take reasonable, proper or requested action, or withdraws, abandons, cancels or neglects the Application, or if the Agency or the Applicant are unable to reach final agreement with respect to the Project, then, and in the event, upon presentation of an invoice itemizing the same, the

Applicant shall pay to the Agency, its agents or assigns, all costs incurred by the Agency in the process of the Application, including attorney's fees, if any.

Onondaga County Industrial Development Agency Page 21 Name of Applicant Company _______________________________________ Taft Solar LLC Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: _________________________________ Andrew Day, Member

04/08/2021

Date: ______________

STATE OF NEW YORK

Florida )

COUNTY OF ONONDAGA

Leon )ss.;

Andrew Robert Day , being first duly sworn, deposes and says:

1. That I am the Manager (Corporate Officer) of Taft Solar, 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 04/08/2021 day of , 20 .

Online Notary (Notary Public) Notarized online using audio-video communication End of Application Rev 1-9-20 Onondaga County Industrial Development Agency Page 22 90°' 90°' © 2020 Microsoft Corporation © 2020 DigitalGlobe ©CNES (2020) Distribution Airbus DS © 2020 Microsoft Corporation © 2020 DigitalGlobe ©CNES (2020) Distribution Airbus DS © 2020 HERE

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