Public Hearing – CF Anaconda — CF-Anaconda-TC-Syr-Pub-Hrg-Min-2-4-21.pdf ======================================================================== CF Anaconda SYR LLC (f/k/a TC Syracuse Development Associates, LLC) Public Hearing February 4, 2021 The Public Hearing of the Onondaga County Industrial Development Agency, held on this day, Thursday, February 4, 2021 via Zoom meeting #81823792795, or dial in at 1-929-436-2866 was called to order at 10:00 am by Public Hearing Officer Nancy Lowery. ATTENDEES: Nancy Lowery, Public Hearing Officer Tim Pecci The Public Hearing was conducted regarding the application and project described as follows: CF Anaconda SYR LLC (f/k/a TC Syracuse Development Associates, LLC) Location: 7211 and 7219 Morgan Road Town of Clay, Onondaga County, New York Tax Map Nos. 114.-01-02.3 NOTICE IS HEREBY GIVEN that a public hearing pursuant to Section 859-a of the New York General Municipal Law will be held by the Onondaga County Industrial Development Agency (the “Agency”). Public Hearing Date and Time: February 4, 2021 at 10:00 A.M. Public Hearing Location: Held via Zoom meeting: Meeting Number #81823792795, or dial in at 1- 929-436-2866 and enter meeting number. For assistance or questions regarding the public hearing please contact the Onondaga County Industrial Development Agency. The public hearing is being held in connection with the following matter: CF Anaconda SYR LLC (f/k/a TC Syracuse Development Associates, LLC) Public Hearing February 4, 2021 The Public Hearing of the Onondaga County Industrial Development Agency, held on this day, Thursday, February 4, 2021 via Zoom meeting #81823792795, or dial in at 1-929-436-2866 was called to order at 10:00 am by Public Hearing Officer Nancy Lowery. ATTENDEES: Nancy Lowery, Public Hearing Officer Tim Pecci The Public Hearing was conducted regarding the application and project described as follows: CF Anaconda SYR LLC (f/k/a TC Syracuse Development Associates, LLC) Location: 7211 and 7219 Morgan Road Town of Clay, Onondaga County, New York Tax Map Nos. 114.-01-02.3 NOTICE IS HEREBY GIVEN that a public hearing pursuant to Section 859-a of the New York General Municipal Law will be held by the Onondaga County Industrial Development Agency (the “Agency”). Public Hearing Date and Time: February 4, 2021 at 10:00 A.M. Public Hearing Location: Held via Zoom meeting: Meeting Number #81823792795, or dial in at 1- 929-436-2866 and enter meeting number. For assistance or questions regarding the public hearing please contact the Onondaga County Industrial Development Agency. The public hearing is being held in connection with the following matter: Pursuant to, inter alia, an underlying lease agreement, a lease agreement and a project agreement all dated as of July 1, 2020 (collectively, the “Closing Documents”) between the Agency and TC Syracuse Development Associates, LLC (the “Developer”), the Agency agreed to undertake a project (the “Project”) on behalf of the Developer consisting of the following: (A)(1) the acquisition of a leasehold interest in an approximately 110 acre parcel of land located at 7211 and 7219 Morgan Road (tax map no. 114.-01-02.3) in the Town of Clay, Onondaga County, New York (the “Land”); (2) the construction of an approximately 3.7 million square foot, approximately five-story building for use as a warehouse and distribution facility (the “Facility”); and (3) the acquisition and installation therein and thereon of related fixtures, machinery, equipment and other tangible personal property (collectively, the “Equipment”) (the Land, the Facility and the Equipment being collectively referred to as the “Project Facility”); (B) the granting of certain “financial assistance” (within the meaning of Section 854(14) of the Act) with respect to the foregoing, including potential exemptions from certain sales and use taxes, real property taxes, real estate transfer taxes and mortgage recording taxes (subject to certain statutory limitations) (the “Financial Assistance”); and (C) the lease (with an obligation to purchase) or sale of the Project Facility to the Developer or such other person as may be designated by the Developer and agreed upon by the Agency. Pursuant to, inter alia, an underlying lease agreement, a lease agreement and a project agreement all dated as of July 1, 2020 (collectively, the “Closing Documents”) between the Agency and TC Syracuse Development Associates, LLC (the “Developer”), the Agency agreed to undertake a project (the “Project”) on behalf of the Developer consisting of the following: (A)(1) the acquisition of a leasehold interest in an approximately 110 acre parcel of land located at 7211 and 7219 Morgan Road (tax map no. 114.-01-02.3) in the Town of Clay, Onondaga County, New York (the “Land”); (2) the construction of an approximately 3.7 million square foot, approximately five-story building for use as a warehouse and distribution facility (the “Facility”); and (3) the acquisition and installation therein and thereon of related fixtures, machinery, equipment and other tangible personal property (collectively, the “Equipment”) (the Land, the Facility and the Equipment being collectively referred to as the “Project Facility”); (B) the granting of certain “financial assistance” (within the meaning of Section 854(14) of the Act) with respect to the foregoing, including potential exemptions from certain sales and use taxes, real property taxes, real estate transfer taxes and mortgage recording taxes (subject to certain statutory limitations) (the “Financial Assistance”); and (C) the lease (with an obligation to purchase) or sale of the Project Facility to the Developer or such other person as may be designated by the Developer and agreed upon by the Agency. Pursuant to a certain omnibus assignment and assumption agreement dated as of October 1, 2020, the Developer assigned to CF Anaconda SYR LLC (the “Company”) and the Company assumed. from the Developer all of the Developer’s rights, covenants and obligations under the Closing Documents. The Company is now the owner of the Project. Pursuant to a letter submitted to the Agency, the Agency has been asked to consider reallocating (the “Reallocation”) a portion of the sales and use tax component of the Financial Assistance to Amazon.Com Services LLC (the “Tenant”). No new Financial Assistance is being requested and the total amount of the Financial Assistance previously approved by the Agency with respect to the Project will not change under the requested Reallocation. The Agency has not made a decision with respect to the Reallocation. The Agency will at the above-stated time and place hear all persons with views in favor of or opposed to the Reallocation. A letter requesting the Reallocation is available at the office of the Agency for review by interested persons. This public hearing will be held by remote means, by Zoom meeting and telephone conference call, in accordance with the modifications to Article 7 of the Public Officers Law (the “Open Meetings Law”) as modified by N.Y Governor Andrew Cuomo’s Executive Order 202.1, as extended in response to the COVID-19 pandemic. A copy of a recording of the hearing will be available on the Agency’s website, Pursuant to a certain omnibus assignment and assumption agreement dated as of October 1, 2020, the Developer assigned to CF Anaconda SYR LLC (the “Company”) and the Company assumed. from the Developer all of the Developer’s rights, covenants and obligations under the Closing Documents. The Company is now the owner of the Project. Pursuant to a letter submitted to the Agency, the Agency has been asked to consider reallocating (the “Reallocation”) a portion of the sales and use tax component of the Financial Assistance to Amazon.Com Services LLC (the “Tenant”). No new Financial Assistance is being requested and the total amount of the Financial Assistance previously approved by the Agency with respect to the Project will not change under the requested Reallocation. The Agency has not made a decision with respect to the Reallocation. The Agency will at the above-stated time and place hear all persons with views in favor of or opposed to the Reallocation. A letter requesting the Reallocation is available at the office of the Agency for review by interested persons. This public hearing will be held by remote means, by Zoom meeting and telephone conference call, in accordance with the modifications to Article 7 of the Public Officers Law (the “Open Meetings Law”) as modified by N.Y Governor Andrew Cuomo’s Executive Order 202.1, as extended in response to the COVID-19 pandemic. A copy of a recording of the hearing will be available on the Agency’s website, Public Hearing Officer Lowery asked if anyone had any comments in favor of the proposed project. There were none. She then asked if anyone wanted to speak in opposition to the proposed project. There were none. Public Hearing Officer Lowery then asked if anyone wanted to make any general comments about the proposed project. There were none. The Public Hearing Officer also noted no written comments had been received as of February 4, 2021. Comments are kept on file and available for public viewing at 333 West Washington Street, Suite 130, Syracuse, New York. The notice for Public Hearing has been read. The opportunity for comments for and against the proposed project has been noted. There being no further business, Public Hearing Officer Lowery closed the hearing at 10:06 a.m. Dated: February 4, 2021 ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY By: Vloae Nancy Lowety, Public Heating Officer Public Hearing Officer Lowery asked if anyone had any comments in favor of the proposed project. There were none. She then asked if anyone wanted to speak in opposition to the proposed project. There were none. Public Hearing Officer Lowery then asked if anyone wanted to make any general comments about the proposed project. There were none. The Public Hearing Officer also noted no written comments had been received as of February 4, 2021. Comments are kept on file and available for public viewing at 333 West Washington Street, Suite 130, Syracuse, New York. The notice for Public Hearing has been read. The opportunity for comments for and against the proposed project has been noted. There being no further business, Public Hearing Officer Lowery closed the hearing at 10:06 a.m. Dated: February 4, 2021 ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY By: Vloae Nancy Lowety, Public Heating Officer