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PHONE: 315.435.3770 FAX: 315.435.3669 ONGOVED.COM Regular Meeting Agenda February 8, 2022 8:00 AM Call to Order the Meeting of the Agency 1. Approval of Minutes- January 18, 2022 Organizational Meeting & Regular Meeting
Action Items
CVE US EI4 Manlius North, LLC is proposing to construct a 1.5 MW, 20-acre solar array on a 50-acre parcel of land in the Town of Manlius. The applicant is requesting exemptions from certain sales and use taxes and mortgage recording 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 and mortgage recording taxes.
Representative: Carson Weinand, Senior Business Developer, CVE Group
CVE US EI5 Manlius East, LLC is proposing to construct a 5MW, 40-acre solar array on a 75-acre parcel of land in the Town of Manlius. The applicant is requesting exemptions from certain sales and use taxes and mortgage recording 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 and mortgage recording taxes.
Representative: Carson Weinand, Senior Business Developer, CVE Group
CVE US EI6 Manlius West, LLC is proposing to construct a 5MW, 40-acre solar array on a 75-acre parcel of land in the Town of Manlius. The applicant is requesting exemptions from certain sales and use taxes and mortgage recording 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 and mortgage recording taxes.
Representative: Carson Weinand, Senior Business Developer, CVE Group 4. Immediate Mailing Services, Inc. / 245 Commerce LLC (3101-21-15B) Second Meeting Immediate Mailing Services, Inc. / 245 Commerce LLC are proposing to renovate three buildings totaling approximately 15,900 square feet at 4575 Buckley Road to be used as warehouse and office space. The applicant is requesting exemptions from certain sales and use taxes, real property taxes and mortgage recording 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 mortgage recording taxes.
Representative: Sam Wilks, Senior Accountant, IMS Inc.
5. Ultra Dairy, LLC ((3101-18-07F/3101-20-14G/3101-21-11H) Meeting to Modify Request for execution and delivery of Mortgages and related documents with respect to a refinancing Agency Action Requested:
a. A resolution of the Board authorizing execution and delivery of documents. Representative: Jim Gosier, General Counsel, Byrne Dairy 2
Fayette Manlius, LLC is proposing a mixed used development at 332 and 406 Fayette Street in the Village of Manlius. The applicant is requesting exemptions from certain sales and use taxes, real property taxes and mortgage recording taxes.
Agency Action Requested:
a. A resolution of the Board authorizing a public hearing.
Representative: Matthew Lester, Manager, Streamline Real Estate Partners, LLC & Christine Stevens, VIP Development Associates
Request for execution and delivery of one or more Mortgages, Assignment of Leases and Rents and related documents (the “Financing Documents”) with respect to the refinancing of the Project by the Company.
Agency Action Required:
a. A resolution of the Board authorizing execution and delivery of Financing Documents. Representative: Joe Goethe, Hinsdale Road, LLC Executive Session
Authorization to enter into a purchase contract for property.
Agency Action Requested:
a. A resolution of the Board authorizing the adoption of SEQRA.
b. A resolution of the Board authorizing the Executive Director to enter into a purchase contract and any related documents with respect to one parcel of property. Representative: Robert Petrovich, Executive Director, OCIDA Adjourn 3
Onondaga County Industrial Development Agency Organizational Meeting Minutes January 18, 2022 An organizational meeting of the Onondaga County Industrial Development Agency was held on Tuesday, January 18, 2022 via Zoom Teleconference.
Patrick Hogan called the meeting to order at 8:11 am with the following:
PRESENT VIA TELECONFERENCE:
Patrick Hogan Janice Herzog Victor Ianno Steve Morgan Susan Stanczyk Fanny Villarreal
ABSENT: Kevin Ryan
ALSO PRESENT:
Robert M. Petrovich, Executive Director Nancy Lowery, Secretary Nate Stevens, Treasurer Karen Doster, Recording Secretary, Agency Carolyn Evans-Dean, Onondaga County Economic Development Jeff Davis, Barclay Damon Law Firm
Upon a motion by Susan Stanczyk, seconded by Fanny Villarreal, the OCIDA Board approved a resolution approving the slate of officers for the 2022 Agency Fiscal Year to include Chair- Patrick Hogan, Vice Chair-Janice Herzog, Executive Director - Robert M. Petrovich, Secretary - Nancy Lowery, Treasurer - Nate Stevens, Recording Secretary - Karen Doster, Assistant Treasurer - Christopher Cox, Freedom of Information Act Officer – Robert M. Petrovich, Freedom of Information Appeals Officer-Patrick Hogan, State Finance Law Contract (Procurement) Officer – Robert M. Petrovich. Motion was carried.
Upon a motion by Susan Stanczyk, seconded by Janice Herzog, the OCIDA Board approved a resolution reappointing Barclay Damon, LLP as its Agency Counsel and appointing Bond Schoeneck & King, PLLC; Hancock & Estabrook, Harris Beach, PLLC; Nixon Peabody, LLP; Trespasz & Marquardt, LLP as conflict counsel for two years expiring December 31, 2023. Motion was carried.
Upon a motion by Janice Herzog, seconded by Susan Stanczyk, the OCIDA Board approved a resolution reappointing Grossman St. Amour as its Agency Auditor and appointing Bonadio & Co., LLP as special auditor for a two years expiring December 31, 2023. Motion was carried. Upon a motion by Janice Herzog, seconded by Fanny Villarreal, the OCIDA Board adjourned the meeting at 8:13 am. Motion was carried.
_________________________________ Nancy Lowery, Secretary 2 Onondaga County Industrial Development Agency Regular Meeting Minutes January 18, 2022 A regular meeting of the Onondaga County Industrial Development Agency was held on Tuesday, January 18, 2022 at 333 West Washington Street, Syracuse, New York in the large conference room on the first floor.
Patrick Hogan called the meeting to order at 8:14 am with the following:
PRESENT:
Patrick Hogan Janice Herzog Victor Ianno Steve Morgan Susan Stanczyk Fanny Villarreal
ABSENT:
Kevin Ryan
ALSO PRESENT:
Robert M. Petrovich, Executive Director Nate Stevens, Treasurer Nancy Lowery, Secretary Karen Doster, Recording Secretary Jeff Davis, Barclay Damon Law Firm Samantha Podlas, Barclay Damon Law Firm Carolyn Evans-Dean, Office of Economic Development Rebecca Shiroff, Office of Economic Development Carson Weinand, CVE Group Sam Wilks, IMS Inc.
Jackie Egle, IMS Inc.
Carmen Emmi, Prima Terra David Aitken, Destiny USA Lauryn Miller APPROVAL OF REGULAR MEETING MINUTES – DECEMBER 14, 2021 Upon a motion by Janice Herzog, seconded by Susan Stanczyk, the OCIDA Board approved the regular meeting minutes of December 14, 2021 meeting. Fanny Villarreal abstained. Motion was carried.
TREASURER’S REPORT Nate Stevens gave a brief review of the Treasurer’s Report for the month of December 2021. Upon a motion by Janice Herzog, seconded by Victor Ianno, the OCIDA Board approved the Treasurer’s Report for the month of December 2021. Motion was carried.
Nate Stevens gave a brief review of the Payment of Bills Schedule #465.
Upon a motion by Fanny Villarreal, seconded by Susan Stanczyk, the OCIDA Board approved the Payment of Bills Schedule #465 for $2,074,311.74 and PILOT payments to Onondaga County for $9,723.26, City of Syracuse for $8,493.64 and Syracuse City School District for $14,547.90. Motion was carried.
The Conflict of Interest was circulated and there were no conflicts reported.
Carson Weinand stated he is the senior business developer with CVE. He stated CVE is a community solar developer out of New York City. He stated over the past couple of years they have been working on this project. He stated it is located off East Seneca Turnpike in the Town of Manlius. He stated they secured site control in 2020 and spent about six months preparing their documents to apply to the Town and spent about ten months getting their permits. He stated on October 25 they received their special use permit, their site plan approval and SEQR negative declaration so it is a mature project. He stated it is three co-located projects and plan to take one 225 acre parcel and subdivide it into separate lots to develop three separate solar community solar projects; a 1.5 megawatt project and two 5 megawatt projects. He stated they have been through the interconnection studies with National Grid and they have the green light to connect to the grid. He stated they also worked through PILOT agreements with the Town and School District. He stated they are signing a Host Community Benefit Agreement with the Town and signed an Educational Contribution agreement with the School District which includes 2 a $365,000 one-time donation to the School District. He stated the benefits of the project are millions of pounds of carbon will be displaced from the grid but also about 2,500 local residents will receive monthly discounts on their electricity bills for the next 25 years. He stated there will be millions of dollars of energy savings for the residents in the Town of Manlius. He stated they are seeking sales tax and mortgage recording tax exemptions.
Patrick Hogan asked how long the PILOT is with the Town. Carson Weinand stated he believes it is 25 years. Janice Herzog stated she thinks it is 15.
Nancy Lowery asked if it is under the 487 PILOT. Carson Weinand stated it is under the 487 PILOT with the Town and School District. He stated a notice letter was sent to the County with their intent to develop and construct this project and did not get a response so he does not think anything will be due to the County under the rules of 487.
Carson Weinand stated there is a separate Host Community Benefit Agreement just for the Town which gives them additional revenue because they have the lowest pro rata share of all the tax revenue and they bear most of the burden of this project so CVE is giving them additional income.
Patrick Hogan asked if the PILOT with the Town is similar to the PILOT agreement the Agency would have where CVE pays taxes on the property but not the improvements. Carson Weinand stated the PILOT is for the property taxes of the solar facility and will still be paying tax on the land. He stated they will pay special district taxes in full. Robert Petrovich stated CVE will be paying taxes on the land but not the improvements.
Jeff Davis stated it is a 487 PILOT which requires each taxing jurisdiction to enter into a PILOT. He stated CVE has a PILOT Agreement with the Town and the School District. He stated the County did not respond in the statutory time period which means the County will not receive tax on the improvements for 15 years. He stated it is a scaled down PILOT that generally starts out with full exemption and scales down by percentage over the time period down to zero exemption at 15 years.
Victor Ianno asked how many projects are in Onondaga County. Carson Weinand stated CVE has a couple of projects in the Town of Cicero but they are on hold because there is a solar 3 moratorium in Cicero. He stated the projects in New York are located in the Town of Wheatfield, Town of Brunswick and Town of Queensbury.
Janice Herzog asked if there is another project in the Town of Manlius or East Syracuse. Carson Weinand stated no.
Janice Herzog asked if the other projects mentioned are through CVE. Carson Weinand stated they are all through CVE. He stated they received permits on the facility in Wheatsfield in September and they are seeking the same for the facility with the Niagara County IDA. He stated they are still working on permitting on their projects in Queensbury and Brunswick Janice Herzog asked what the total project acreage is in Onondaga County. Cason Weinand stated this project is a 225 acre parcel and the footprint and fenced in area is 80 total acres. He stated the projects before the Board are the only active projects in Onondaga County. He stated they have others in the pipeline but he does not consider them real yet and those are in Cicero. Patrick Hogan asked if the reason CVE is breaking the project up into three separate entities is because of regulations regarding solar projects. Carson Weinand stated yes and they are limited to 5 megawatt per community solar project but they are allowed to co-locate and subdivide. Patrick Hogan asked if CVE holds on to those projects or do you sell them. Carson Weinand stated they are an independent power producer so they own and operate the projects long term which is different than most other developers who get the permits, get them ready for construction then sell them off.
Susan Stanczyk asked for a map of the location. Carson Weinand stated he can forward a map to the Board members. He stated it is just west of the Fayetteville Manlius High School and completely hidden from view.
Upon a motion by Susan Stanczyk, seconded by Victor Ianno, the OCIDA Board approved a resolution authorizing a public hearing for the CVE US EI4 Manlius North, LLC Project. Motion was carried.
4
Upon a motion by Susan Stanczyk, seconded by Fanny Villarreal, the OCIDA Board approved a resolution authorizing a public hearing for the CVE US EI5 Manlius East, LLC Project. Motion was carried.
Upon a motion by Fanny Villarreal, seconded by Victor Ianno, the OCIDA Board approved a resolution authorizing a public hearing for the CVE US EI6 Manlius West, LLC Project. Motion was carried.
Robert Petrovich stated he believes all the Board members have been briefed on this matter and he thinks any questions that came up during the individual briefings have been addressed. He stated if there are any questions this morning they can be discussed.
Jeff Davis stated there are two separate resolutions as noted on the agenda. He stated the first is the supermajority vote for any future changes to the Bylaws and the second is how the executive director position is filled. He stated both resolutions went through the Governance Committee last week with recommendation from that Governance Committee.
Upon a motion by Janice Herzog, seconded by Susan Stanczyk, the OCIDA Board approved a resolution amending Article IV of the restated bylaws, to require all future amendments to the bylaws to require supermajority vote of the Board. Motion was carried.
Upon a motion by Fanny Villarreal, seconded by Victor Ianno, the OCIDA Board approved a resolution amending Article II of the restated bylaws establishing that it is the intent and desire of the Board to have the Executive Director of the Agency be the Onondaga County Director of Economic Development, a position that is appointed by the Onondaga County Executive and confirmed by affirmative vote of the Onondaga County Legislature. Motion was carried. 5
MEETING.
Sam Wilks stated IMS started out as a small company in a garage with the owner driving around in a van collecting and mailing which turned into the company it is today. She stated they have a
locations in Liverpool, Albany, Buffalo, Rochester and Virginia. She stated it started in 1987 and in New York alone they are up to 181 employees and continuing to grow very rapidly. She stated in 2019 they came before the Agency for aid for an expansion on the building at 245 Commerce which is the Liverpool main IMS location. She stated they have already maxed out that space and now need another space. She stated this Clay location is going to be used for warehousing and office space primarily for their IT department which is also growing. She stated they have a space in downtown Syracuse which is their AI Department so they are expanding into the AI technology world with their mailing and communication services. She stated IMS is before the Board today for aid with tax exemptions for certain sales and use tax, real property taxes and mortgage recording taxes specifically for the Buckley Road location. Janice Herzog asked for a little more explanation about the AI mailing. Sam Wilks stated the AI Department is fairly new and it was just in research and development but now they are starting to get their first clients. She stated the AI department is working on something similar to the pop up you get on websites that says “Let’s Chat” but their goal is to turn into a virtual assistant so the AI can schedule appointments so you don’t necessarily have to talk to a person. She stated this is still in development and slowly working up to it. She stated they are developing some cool things and growing rapidly.
Susan Stanczyk asked if the Agency assistance is only for the project on Buckley Road. Sam Wilks stated the request is just for the Buckley Road which is primarily to warehouse their supplies and an office space for IT.
Susan Stanczyk asked if it is an existing building. Sam Wilks stated the IMS owner has a company called 245 Commerce and 245 Commerce bought the building and IMS is leasing. Victor Ianno asked how many different buildings IMS has in Onondaga County. Sam Wilks stated they have one on 245 Commerce Boulevard, 220 Commerce Boulevard, 4575 Buckley Road and the downtown Syracuse location.
6 Janice Herzog asked about the 8 employees being added and the skill level. Sam Wilks stated at this location they are looking to expand and get additional warehouse, IT workers and some admin workers. She stated some of their employees from their current building are going to move over to this location but their goal is also to fill this location with new employees from the area. She stated it is a range of levels including higher paying salary jobs and also part time jobs. She stated the full time jobs they are looking is managers of the floor, warehouse workers, IT service people and IT professionals as well.
Upon a motion by Janice Herzog, seconded by Victor Ianno, the OCIDA Board approved a resolution declaring intent to be the lead agency for purposes of a coordinated review pursuant to SEQRA for the Immediate Mailing Services, Inc./245 Commerce LLC project. Motion was
carried.
Upon a motion by Janice Herzog, seconded by Susan Stanczyk, the OCIDA Board approved a resolution authorizing a public hearing for the Immediate Mailing Services, Inc./245 Commerce LLC project. Motion was carried.
Nancy Lowery stated she shared with the Board responses from the projects giving background information as to how they fell below the recapture number. She stated the projects provided information based on what the Board asked for at the last meeting regarding what happened and how it is then effected and what their plan going forward is.
Patrick Hogan stated he believes the Board is aware of what businesses have been facing especially in the hotel industry. He stated he is in favor this resolution. He stated he believes this is part of the aid that we have to give and be understanding.
Nancy Lowery stated none of these companies had fallen below their commitments until Covid. Jeff Davis stated the resolution before the Board in addition to referencing the factors that we identified by each one of the parties does take into account this Board is including the impact of the Covid pandemic on those projects.
7 Robert Petrovich stated this is a resolution waiving recapture at this time and is not in perpetuity. Jeff Davis agreed. He stated based upon what we know we are waiving any recapture at this time and then it goes through an annual review process. He stated this year we are waiving that as a potential option that this Board is required to look at.
Upon a motion by Fanny Villarreal, seconded by Susan Stanczyk, the OCIDA Board approved a resolution waiving recapture of financial assistance with regard to certain projects due to COVID related impacts. Motion was carried.
(Fanny Villarreal left the meeting.) Nancy Lowery stated the Governance Committee reviewed the changes. She stated one change is prevailing wage which is reflecting the change in NYS Law to our benefits when a project is looking at public funding. She stated there was a little bit of tweaking of language for the narrative and moved one line under the project narrative line for cleanup. She stated based on the Board’s prior discussions on fees, particularly in regards to solar, there was some upgrading to the request for solar companies, giving the Board the option, that the company is to close prior to making any modifications.
Jeff Davis stated the question was raised as to concerns this Board has had with the repeated applications coming back before closing and changing name and ownership and trying to keep track. He stated it has happened a couple of times where we have gone through process then have the applicant come back and say they no longer want to close with the IDA. He stated it is a lot of work and then no fee is collected in the end. He stated the language put in is that the name change has to come with some type of extenuating circumstances by the applicant, mainly their bank is requiring this now to coincide with the closing that is going to happen and that we would not entertain those type of changes until a closing has a occurred. He stated there were questions on how to track this and this would allow that to happen. He stated it also allows for an additional fee to this Board for those types of changes as well as any other type of modification coming back by an applicant as well as an additional fee if necessary for legal review.
8 Victor Ianno asked how an additional fee is set. He asked if they should know there is a fee involved when initially applying to the Agency so there is no disagreements. Jeff Davis stated that is part of the change in the application language that is in front of the Board right now. He stated it adds in that language.
Nancy Lowery stated page 19 it shows the recommended change to increase application fee for solar for both the Agency and the attorney fees. She stated it then discusses the increase of the Agency fee up to 5% for modifications.
Susan Stanczyk stated it says up to 5% and asked how the 5% is determined. Robert Petrovich stated we have been going back and forth trying to find something that was enough to capture additional work that would be involved and at the same time not be punitive to the point of people having a problem with it. He stated 10% seemed to be too much when looking across several CBAs but 1% seemed to be too little. He stated potentially it could be zero depending on the circumstance but certainly up to 5% did not seem extraordinary given their request. He stated we are going to let them know this upfront if they are coming back.
Jeff Davis stated a lot of projects have been community solar, 5 megawatts, which are generally smaller and the fees are less. He stated we can have and have had much larger projects before the Board so the fees there are greater. He stated it allows the Board and staff to come up with what the percentage would be depending on the ask. He stated some of the asks have been a simple change and some of the asks have been much more involved. He stated the Board has spent a lot of time at one meeting trying to figure out what was happening so this gives the Board some leeway to try and determine what that is going to be.
Susan Stanczyk asked who makes the determination on the actual percentage. Robert Petrovich stated the executive director would make that determination and then present it to the Board for informational purposes.
Patrick Hogan stated he would like to commend the staff and the Board and being very involved in questioning more. He stated he is totally in favor of this.
Robert Petrovich stated if it is a light lift there could be a consideration to let it go but generally we have some applicants that seem to do this often enough that it causes extra work. 9 Janice Herzog stated we have legal expenses and we are paying that out of our pocket. Patrick Hogan asked if the prevailing wage quantifies any kind of benefits we hand over is considered public revenue and therefore they have to do prevailing wage for the project. Jeff Davis stated yes. He stated the change, which is probably the most significant change for the application, is noted in two different sections. He stated we are advising the applicant that any funds they receive by this Board are considered public funds and now under the legislation for the State if they exceed a certain threshold of public funds, any other funds they receive from the State, requires the project to become a prevailing wage project. He stated we are advising them upfront in the application that these funds qualify for that. He stated when we grant, approve benefits and induce a project our subsequent documents that we develop that they enter into is going to contain all that same language as well so this Board is covered. He stated they are well aware that everything they are receiving falls under that. He stated it is on them to determine whether they exceed that threshold but we are letting them know that our benefits qualify. Robert Petrovich stated to the extent they are 30% it will be subject to that. Jeff Davis stated yes. He stated this Board does not know the other benefits the project receives. He stated there are things they need to do and report back to us and those are in the project agreement etc. so that we are doing all the diligence. He stated it is on them to show that if it qualifies prevailing wage they have to do prevailing wage and if they don’t then the State can come back and say this should have been a prevailing wage project and you owe this gap in wages that should have been paid to all the contractors. He stated we are making that aware twice in the application. Nancy Lowery stated we didn’t want someone to get to closing and then they recognize this is going to affect their bottom line and then pull the benefits. She stated this is so everyone knows up front.
Patrick Hogan stated we will let them know as well. Nancy Lowery stated it is in the application twice but staff can certainly draw attention to it again.
Jeff Davis stated he thinks this will be part of the discussion as a reminder and in the minutes that these funds qualify as public funds now as we move forward on inducing applications. 10 Upon a motion Janice Herzog, seconded by Victor Ianno, the OCIDA Board approved a resolution adopting the revised OCIDA application. Motion was carried.
Nancy Lowery stated this was a document that needed to be placed on our website and when the ABO did a review of our website it was something that we need to provide. She stated counsel has developed this and once approved by the Board the Property Acquisition Policy will be put on the website.
Upon a motion by Janice Herzog, seconded by Susan Stanczyk, the OCIDA Board approved a resolution adopting the Property Acquisition Policy. Motion was carried.
Robert Petrovich stated we have effectively been following this policy up to this point and this is just codifying that policy and getting us in compliance with the ABO in terms of their requirements.
Jeff Davis stated his recommendation is to vote to go into executive session Public 105 to discuss proposed acquisition of real property.
Upon a motion by Janice Herzog, seconded by Victor Ianno, the OCIDA Board went into Executive Session to discuss the potential acquisition of lands and contracts. Motion was
carried.
Upon a motion by Janice Herzog, seconded by Susan Stanczyk, the OCIDA Board adjourned Executive Session. Motion was carried.
11
Jeff Davis stated the resolutions before the Board are going to be done as omnibus resolutions. He stated there is a SEQR resolution dealing with the four parcels of property. He stated three are options to purchase that the Board is considering exercising and one is an outright purchase agreement. He stated the SEQR resolutions are virtually identical the environmental review based upon the prior review done on the project with the exception of identifying the parcels by their tax ID numbers. He read through the pertinent parts of the SEQR resolution. Upon a motion by Susan Stanczyk, seconded by Janice Herzog, the OCIDA Board approved a resolution authorizing the adoption of SEQR determination. Motion was carried. Upon a motion by Susan Stanczyk, seconded by Janice Herzog, the OCIDA Board approved a resolution authorizing the Executive Director to enter into purchase contracts and any related documents with respect to four parcels of property. Motion was carried.
Upon a motion by Susan Stanczyk, seconded by Janice Herzog, the OCIDA Board adjourned the meeting at 9:24 am. Motion was carried.
_________________________________ Nancy Lowery, Secretary 12
PHONE: 315.435.3770 • FAX: 315.435.3669 January 31, 2022
Revenue / Expense / Income Current Period Current YTD Amount Change to Budget Operating Revenue 567,533 567,533 1,444,000 (876,467) Administrative Expense 35,450 35,450 800,000 (764,550) Operating/Program Exp. 144,682 144,682 644,000 (499,318) Net Ordinary Income 387,401 387,401 - 387,401 Current Assets Current YTD Prior YTD Total Cash 7,988,354 9,371,487 Less Pass Through Received 4,616,139 4,331,892 Available Cash 3,372,215 5,039,595 Receivables (less pass through rec.) 537,359 687,099 Grant Reimbursements - - Total 3,909,574 5,726,694 Reserve for Contracts County Operations 2022 764,550 333 W. Washington St 2022 Rent 60,000 OBG WPCP CO #4 Additional Studies 193,233 JMT 800 Hiawatha Engineering 10,234 Barclay Damon WPCP Options - Total 1,028,017 Receivables 0-120 days 315,335 > 120 days 222,024 Total 537,359 Onondaga County Industrial Development Agency Profit and Loss January 2022
Income
2116.1 Agency Fees 567,500.00 Total 2116 Fees 567,500.00 Total 500 Operating Revenue 567,500.00
2401 Interest Income 33.45 Total 501 Non-Operating Revenue 33.45
529 PILOT Income 5,909,515.74 Total 534 Pilot & Pass Thru Revenue 5,909,515.74 Total Income $6,477,049.19 GROSS PROFIT $6,477,049.19 Expenses
6407 Administrative Expense 35,450.07 6411 Memberships / Sponsorships 2,000.00 Total 6400 Operating Expense 37,450.07
6470.1 Options 3,700.00 6470.2 Land Purchases 17,800.00 6470.3 SEQR/Envir 28,500.00 6470.5 JMT 50,000.00 Total 6470 WPCP Development 100,000.00 Total 6450 Barclay Damon 100,000.00 Total 6440 Legal Fees 100,000.00
6510.6 Taxes/SDC 11,640.99 6511 WPCP Closing Costs 9,604.34 6513 WPCP Option Agree Fees app 9-22-20 20,000.00 Total 6510 White Pine Commerce Park 41,245.33
6520.1 435 N Salina Expenses 1,187.28 Total 6520 North Salina Property Acquisition 1,187.28 Accrual Basis Thursday, February 3, 2022 02:16 PM GMT-05:00 1/2 Onondaga County Industrial Development Agency Profit and Loss January 2022
6530 800 Hiawatha Blvd. West 6530.1 Taxes 249.28 Total 6530 800 Hiawatha Blvd. West 249.28 Total 6500 Agency Program Expenses 42,681.89
6605.2 PILOT Expense 5,909,515.74 Total 6605 Pilot & Pass Thru Expenses 5,909,515.74 Total 6600 Non-Operating Expenses 5,909,515.74 Total Expenses $6,089,647.70 NET OPERATING INCOME $387,401.49 NET INCOME $387,401.49 Accrual Basis Thursday, February 3, 2022 02:16 PM GMT-05:00 2/2 Onondaga County Industrial Development Agency Balance Sheet As of January 31, 2022
Current Assets Bank Accounts 200 Cash 0.00 200.1 Cash - M & T Checking 7,106,844.34 200.2 Cash - M & T Money Maker Savings 890,417.86 200.4 Destiny USA Restricted Cash -8,957.82 210 Petty Cash 50.00 Total 200 Cash 7,988,354.38 Total Bank Accounts $7,988,354.38 Accounts Receivable 380 Accounts Rec.
380.6 A/R Fees, Lease & PILOT 1,593,751.37 Total 380 Accounts Rec. 1,593,751.37 Total Accounts Receivable $1,593,751.37 Other Current Assets 391 Long Tern Receivable 222,024.00 Total Other Current Assets $222,024.00 Total Current Assets $9,804,129.75 Accrual Basis Thursday, February 3, 2022 02:16 PM GMT-05:00 1/4 Onondaga County Industrial Development Agency Balance Sheet As of January 31, 2022
Fixed Assets
101 White Pines Commerce Park 6,953,401.50
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
101.501 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 8,760,146.03 106 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 10,016,491.53
104.1 Office Furniture 1,429.00 104.2 Equipment 4,588.00 Total 104 Machinery & Equipment 6,017.00 211 A/D Office Furniture -2,862.00 213 A/D Buildings -81,335.00 Total Fixed Assets $9,938,311.53 Other Assets 240 Blue Sky Redevelopment 1,641.76 Total Other Assets $1,641.76 TOTAL ASSETS $19,744,083.04 Accrual Basis Thursday, February 3, 2022 02:16 PM GMT-05:00 2/4 Onondaga County Industrial Development Agency Balance Sheet As of January 31, 2022
Liabilities Current Liabilities Other Current Liabilities 600 Accounts Payable 0.00 600.1 Due to Related Party - OED 643,498.63 600.205 Exp Pay Prev Period 913.68 600.206 Mileage Reimbursement 92.34 600.208 BlueRock Energy Agreement Deposit 25,000.00 600.209 Syracuse Rail Overpayment 500.00 600.3 Onondaga County Loan 2,624,239.83 Total 600 Accounts Payable 3,294,244.48
603 PILOT Pass Thru 1,293,376.43 604 Other Pass Thrus 74,063.70 Total 601 PILOT and Pass Thru Payable 1,367,440.13
631.11 Cicero 37,946.62 631.115 Clay 12,381.00 631.12 Dewitt 78,596.11 631.125 Elbridge 88,241.00 631.13 Geddes 467.94 631.135 Lysander 90,770.00 631.15 Salina 95,801.91 631.155 Skaneateles 37,116.59 631.17 Van Buren 120,877.00 Total 631.1 Towns 562,198.17
631.205 Baldwinsville 75,037.00 631.26 Solvay 3,722.99 Accrual Basis Thursday, February 3, 2022 02:16 PM GMT-05:00 3/4 Onondaga County Industrial Development Agency Balance Sheet As of January 31, 2022
Total 631.2 Villages 78,759.99
631.305 Baldwinsville 686,826.00 631.315 East Syracuse-Minoa 345,316.87 631.325 Jamesville-Dewitt 7,002.00 631.33 Jordan-Elbridge 478,438.00 631.335 Liverpool 127,341.00 631.337 Lyncourt 503,865.05 631.345 North Syracuse 255,516.85 631.35 Skaneateles 211,639.53 631.355 Solvay 7,826.91 631.356 Syracuse 57,865.99 631.36 West Genesee 238,672.00 Total 631.3 Schools 2,920,310.20 631.4 Onondaga County 1,025,494.17 631.5 City of Syracuse 29,376.79 Total 631 Due to Other Governments 4,616,139.32 Total Other Current Liabilities $9,277,823.93 Total Current Liabilities $9,277,823.93 Total Liabilities $9,277,823.93 Equity 3900 Equity Unreserved 7,360,189.99 3901 Equity-Investment Fixed Assets 2,345,838.63 463 Reserve For Contracts 1,028,016.58 465 Equity - Unreserved -655,187.58 Net Income 387,401.49 Total Equity $10,466,259.11 TOTAL LIABILITIES AND EQUITY $19,744,083.04 Accrual Basis Thursday, February 3, 2022 02:16 PM GMT-05:00 4/4
PAYMENT OF BILL - SCHEDULE #466 February 8, 2022
1. BARCLAY DAMON LLP $ 913.68 Inv#5156643, December 2021 Legal 2. PARK STRATEGIES, LLC $ 5,000.00 Inv#1658562 & 1658563, Jan & Feb 2022 Consulting 3. WIZARD EQUIPMENT, INC. D/B/A Bob's Signs $ 340.00 Inv#853965, PVC Signs 4. SYRACUSE DESIGN GROUP, LLC $ 360.00 Inv#5931, Web Site Hosting 2022 5. REBECCA SHIROFF $ 261.58 Reimbursement for Expenses 6. NANCY LOWERY $ 12.00 Reimbursement for Parking 7. BARCLAY DAMON LLP $ 200,000.00 Legal Fees WPCP Development 8. ONODAGA COUNTY PLANNING FEDERATION $ 170.00 33rd Annual Planning Symposium 9. SARAJIAN & BAUM, PLLC* $ 12,250.00 Contract Deposit Purchase of Lot 27 10. BARCLAY DAMON LLP* $ 25,000.00 Additional Option Fee Funds TOTAL $ 244,307.26 *Ratification of Checks dated February 3, 2022 1
PAYMENT OF BILL - SCHEDULE #466 February 8, 2022 PILOT Payments 1. ONONDAGA COUNTY $ 1,025,494.17
2. CITY OF SYRACUSE $ 29,376.79
3. TOWN OF CICERO $ 37,946.62
4. TOWN OF CLAY $ 12,381.00
5. TOWN OF DEWITT $ 78,596.11
6. TOWN OF ELBRIDGE $ 88,241.00
7. TOWN OF GEDDES $ 467.94
8. TOWN OF LYSANDER $ 90,770.00
9. TOWN OF SALINA $ 95,801.91
10. TOWN OF SKANEATELES $ 37,116.59
11. TOWN OF VAN BUREN $ 120,877.00
12. VILLAGE OF BALDWINSVILLE $ 75,037.00
1 Schedule #466 13. VILLAGE OF SOLVAY $ 3,722.99
14. BALDWINSVILLE CSD $ 686,826.00
15. EAST SYRACUSE MINOA CSD $ 345,316.87
16. JAMESVILLE DEWITT CSD $ 7,002.00
17. JORDAN ELBRIDGE CSD $ 478,438.00
18. LIVERPOOL CSD $ 127,341.00
19. LYNCOURT UNION FSD $ 503,865.05
20. NORTH SYRACUSE CSD $ 255,516.85
21. SKANEATELES CSD $ 211,639.53
22. SOLVAY UNION FSD $ 7,826.91
23. SYRACUSE CSD $ 57,865.99
24. WEST GENESEE CSD $ 238,672.00
2 TOTAL $ 4,616,139.32 3
DESCRIPTION TERM CONTRACT PAID OUTSTANDING ONONDAGA COUNTY OED 2021 1-1-22-1-31-22 $800,000.00 $35,450.07 $764,549.93 333 W. WASHINGTON ST 2022 RENT 1-1-22-1-31-22 $60,000.00 $0.00 $60,000.00 OBG WPCP CO #4 ADDITIONAL STUDIES 11-30-18-12-31-21 $800,000.00 $606,767.25 $193,232.75 JMT 800 HIAWATHA ENGINEERING 2/13/19-12-31-21 $25,000.00 $14,766.10 $10,233.90 $1,685,000.00 $656,983.42 $1,028,016.58
AGENCY FEES RECEIVABLE $315,334.95 ACCOUNTS RECEIVABLE GENERAL $0.00 QUASI-EQUITY LOAN RECEIVABLE $0.00 GRANTS RECEIVABLE $0.00 LONG TERM RECEIVABLE $222,024.00 TOTAL $537,358.95 Onondaga County Industrial Development Agency Project Summary Draft 12/20/2021 1. Project CVE US E14 North, LLC 2. Project Number 3101-21-16A 3. Location Manlius 4. School District Fayetteville-Manlius School District
5. Tax Parcel(s) 099.-01-03.0 0 7.Total Project Cost $ 3,450,000 8. Total Jobs 0 Land $ 500,000 8A. Job Retention 0 Site Work $ 1,000,000 8B: Job Creation 0 Building $ (Next 5 Years) Furniture & Fixtures $ - Equipment $ 1,500,000 Equipment Subject to NYS Production $ - Exemption Engineering/Architecture Fees $ 250,000 Financial Charges $ 150,000 Legal Fees $ 50,000 Other- Solar Installation Labor $ - Cost Benefit Analysis CVE US E14 North, LLC Project Description Fiscal Impact ($) Abatement Cost $ 158,700 Sales Tax $ 138,000 Mortgage Tax $ 20,700 Property Tax Relief (PILOT) $ - New Investment $ 5,299,250 PILOT Payments $ - Project Wages (10 years) $ - Construction Wages $ 1,813,750 CVE USI4 Manlius West, LLC are proposing to construct a 1.5MW solar array on 20 acres of land in the Town of Manlius. Employee Benefits (10 years) $ - Project Capital Investment $ 3,450,000 New Sales Tax Generated Agency Fees $ 35,500 Benefit:Cost Ratio 33 :1
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 (the “Agency” or “OCIDA”) 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.
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 Nancy Lowery at nancylowery@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.
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 September 14, 2021.
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: Nancy Lowery 333 W. Washington Street, Suite 130 Syracuse, NY 13202 Phone: 315-435-3770 | Fax: 315-435-3669 nancylowery@ongov.net
Please answer all questions. Use “None”, “Not Applicable” and “See Attached” where necessary.
Submittal Date: _____________
A) Applicant/Project Operator information (company receiving benefits):
Applicant/Project Operator: CVE US EI4 Manlius North, LLC
Applicant/ Project Operator Address: 109 W 27th St, New York, NY 10001 Phone: 914-847-0043 Fax:
cvenorthamerica.com Website: E-mail: carson.weinand@cvegroup.com Federal ID#: 87-2982190 NAICS:
State and Year of Incorporation/Organization: __________________________________________ New York, 2021 Owner (if different from Applicant/Project Owner): _____________________________________ CVE North America, Inc.
Owner Address: 109 W 27th St, New York, NY 10001 Federal ID#:
State and Year of Incorporation/Organization:
List of stockholders, members, or partners of Owner:
________________________________________________________________________________ B) Individual Completing Application:
Name: Carson Weinand Title: Senior Business Developer Address: 109 W 27th St, New York, NY 10001 Phone: 239-784-8080 Fax:
E-mail: carson.weinand@cvegroup.com Onondaga County Industrial Development Agency Page 1 C) Company Contact (if different from individual completing application):
Name: Thibaut Delespaul Title: General Manager, CVE North America, Inc.
Address: 109 W 27th St, New York, NY 10001 Phone: 914-847-0043 Cell Phone: 917-750-5110 E-mail: thibaut.delespaul@cvegroup.com D) Company Counsel:
Name of Attorney: Barry Carrigan Firm Name: Nixon Peabody Address: 1300 Clinton Square, Rochester, NY 14604 Phone: 585-263-1591 Cell Phone: 585-729-7885 E-mail: bcarrigan@nixonpeabody.com E) Business Organization (check appropriate category):
☐ Corporation ☐Partnership ☐ Public Corporation ☐Joint Venture ☐ Sole Proprietorship ☐Limited Liability Company ☐ Other (please specify):
Year Established: 2021 State in which Organization is established: New York F) List all stockholders, members, or partners with % of ownership greater than 5%: Name % of ownership CVE NA Devco, LLC 100% Onondaga County Industrial Development Agency Page 2 G) Applicant Business Description:
Please attach a description of your Company’s background, products, customers, goods and services. Estimated % of sales within Onondaga County: ________________________________________ 50% Estimated % of sales outside Onondaga County but within New York State: 50% Estimated % of sales outside New York State but within the U.S.:
Estimated % of sales outside the U.S.:
(*Percentage to equal 100%) H) Applicant History: If the answer to any of the following is “Yes”, please explain below. If necessary, attach additional information.
☐Yes ☐No plaintiff or defendant in any civil or criminal litigation?
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? Please attach any explanations. ☐Yes ☐No I) Has the Project Beneficiary received assistance from OCIDA, Syracuse Industrial Development Agency (SIDA), New York State or the Onondaga Civic Development Corporation (OCDC) in the past? If yes please attach an explanation and please give year, project name, and description of benefits and address of project.
☐Yes ☐No Onondaga County Industrial Development Agency Page 3
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: 8107 East Seneca Turnpike (assigned by SOCPA; subdivided from No Number Duguid Rd) Legal Address (if different):
City: Manlius Village/Town: Manlius Zip Code: 13104 School District: Fayetteville-Manlius Tax Map Parcel ID(s): 099.-01-03.0 (to be updated once subdivision is filed) Current Assessed Value: ________________ $251,000 (full parcel) Footage of Existing Building: _________________ 0 Census Tract: ___________________________________________________________________ B) Type (Check all that apply):
☐New construction ☐Purchase of machinery and/or equipment ☐Expansion/Addition to current facilities ☐Brownfield/Remediated Brownfield ☐Renovation of existing facility ☐LEED Certification ☐ Housing Project ☐Demolition and Construction ☐ Renewable Energy Project ☐Acquisition of existing facility/property ☐ Retail ☐Other:
C) Project Narrative: A statement that there is a likelihood that the project would not be undertaken but for the financial assistance provided by the Agency or, if the project could be undertaken without financial assistance provided by the Agency, a statement indicating why the project should be undertaken by the agency.
* For a Retail Project (also see page 14) * For a Renewable Energy Project (also see page 15) * For a Housing Project (also see page 17) D) Description of Project: Please provide a detailed narrative of the proposed Project. Please separately attach the description and any copies of site plans, sketches or maps. 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;
Onondaga County Industrial Development Agency Page 4 ☐ (iv) the principal products to be produced and/or the principal activities that will occur on the Project site;
☐ (v) please describe your method for site control (Own, lease, other). 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 ( see page 14) ☐ Housing Project ( see page 17 ) ☐Mixed Use ☐ Equipment Purchase ☐Facility for Aging ☐ Multi-Use Tenant ☐Civic Facility (not for profit) ☐ Renewable Energy Project ( see page 15) ☐Other ______________________ ☐ Commercial F) If applicant will not occupy 100% of the building in a real estate transaction, provide information on tenant(s) that includes name, present address, and percentage of project to be leased, type of business organization, relationship to applicant, date and term of lease. G) For the Agency to consider this Project, please provide the following information: 1. Does the Project consist of new construction or expansion or substantial renovation of an existing facility?
☐Yes ☐No 2. Will the Project create new employment opportunities or retain existing jobs that may otherwise be lost?
☐Yes ☐No 3. Does the Project beneficiary serve a customer base primarily outside of Onondaga County?
☐Yes ☐No H) Will the completion of the Project result in the removal of an industrial or manufacturing plant of the company from one area of the state to another area of the state OR in the abandonment of one or more plants or facilities of the company located within the state? Please explain if you answer “Yes” by attaching a response.
☐Yes ☐No I) Please attach a description of any compelling circumstances the Agency should be aware of while reviewing this application.
Onondaga County Industrial Development Agency Page 5 J) Local Approvals (Site Plan and Environmental Review) 1. Have site plans been submitted to the appropriate town or local planning department? ☐Yes. What is the status? ☐No. When will the plans be submitted? _______________________________________________________ SEQRA Neg Dec and Special Use Permit have been awarded. 2. Has the project received site plan approval from the town or local planning board? ☐Yes ☐No 3. If no, what is the anticipated approval date? ________________________________ 4. If yes, provide the Agency with a copy of the Planning Board’s approval resolution along with the related SEQR determination. (NOTE: SEQR determination is required for final approval and sales tax agency appointment.)
a. Please attach the appropriate Environmental Impact Forms to your application. Here is a link to the SEQR forms: http://www.dec.ny.gov/permits/6191.html b. Have any environmental issues been identified on the property? ☐Yes ☐No If yes, please attach an explanation.
Onondaga County Industrial Development Agency Page 6
A) Project Costs and Finances Description of Costs Total % of Total Total Private Expenditure Budget Budget to be (should be less than or Amount Procured in equal to total budget Onondaga amount) County Land Acquisition $500,000 Site Work/Demo 1000000 Building Construction & Renovation Furniture & Fixtures Equipment 1500000 Engineering/Architect 250000 sFinancial Charges 150000 Legal 50000 Other Management/Developer Fees Total Project Cost 3450000 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 $ 3450000 Project refinancing: estimated amount (for refinancing of existing debt only) $ Sources of Funds for Project Costs:
1. Bank Financing $ _______________
2. Equity (excluding equity that is attributed to grants/tax credits) $ 690,000 3. Tax Exempt Bond Issuance (if applicable) $ _______________
Onondaga County Industrial Development Agency Page 7
and tax credits) $ 1,377,000 -Identify each state and federal grant/credit:
Federal Investment Tax Credit $ 897,000 NYSERDA NY-Sun $ 480,000 $ 6. Total Sources of Funds for Project Costs $ _______________
C) Employment and Payroll Information *Full Time Equivalent (FTE) is defined as one employee working no less than 40 hours per week or two or more employees together working a total of 40 hours per week.
☐Yes ☐No If yes, provide number of FTE jobs at the facility:
Estimate the number of FTE jobs to be retained as a result of this Project: 0 Estimate the number of construction jobs to be created by this Project: 100 Estimate the average length of construction jobs to be created (months): 5 months Current annual payroll at facility:
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:
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, and third, 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.
Please use this chart to illustrate the current employment:
Job Title/Category Current Annual Pay Current Employment (FTE) Please use this chart to illustrate the projected employment growth:
Job Title/Category Current Annual Pay Jobs Created Jobs Created Jobs Created Year 1 Year 2 Year 3 If you prefer, you may attach a job chart of your own that outlines the job growth projections regarding the Project.
E) Financial Assistance sought (estimated values):
☐ Real Property Tax Abatement (PILOT):
☐ Mortgage Recording Tax Exemption (.75% of amount mortgaged): 20,700 ☐ Sales and Use Tax Exemption (4% Local, 4% State): 138,000 (only 4% local applies) ☐ 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): $ 2,760,000 Estimated Mortgage Recording Tax Exemption Benefit (product of mortgage amount as indicated above, multiplied by .0075): $ 20,700 G) Sales and Use Tax Benefit Calculator: Gross amount of costs for goods and services that are subject to State and local Sales and Use Tax – said amount to benefit from the Agency’s Sales and Use Tax exemption benefit:
$ 3450000 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 page 9, this calculation only exists to help you with your estimate):
$ 138000 Onondaga County Industrial Development Agency Page 10
Section IV of this Application will be: (i) completed by IDA Staff based upon information contained within the Application, and (ii) provided to the Applicant for ultimate inclusion as part of this completed Application prior to the completed application being provided to the OCIDA Board.
A) PILOTS Estimate Table Worksheet OCIDA estimate of current value New construction and renovation costs OCIDA estimate of increase in value OCIDA estimated value of completed project OCIDA estimate of taxes that would have been collected if the project did not occur Scheduled PILOT payments PILOT Exemption County Local School Total Full Tax Net Exemption Year % PILOT PILOT PILOT PILOT Payment Amount Amount Amount w/o PILOT
Estimates provided are based on current property tax rates and assessment value (current as of date of application submission) and have been calculated by IDA staff.
Onondaga County Industrial Development Agency Page 11
For Retail Retail Projects Only Only Tax 1. Will the cost of the retail portion of the Project exceed one-third of the total project cost?
☐Yes ☐No 2. Is the Project located in a distressed area? A distressed area is a census tract that has a) a poverty rate of a least 20% or at least 20% of households receiving public assistance, and (b) an unemployment rate of least 1.25 times the statewide unemployment rate for the year to which the date relates.
☐Yes ☐No 3. Is the Project likely to attract a significant number of visitors from outside of the economic development region?
☐Yes ☐No 4. Is the predominate purpose of the Project to make available goods or services which would not, but for the Project, be reasonably accessible to the residents of the Town, City, County or Village of where the Project will be located. ☐Yes ☐No Onondaga County Industrial Development Agency Page 12
Please complete the following as an addendum: P X, an 1. Describe the reasons why the Agency’s financial assistance is necessary. Describe how the Project would be affected if these benefits were not provided. [see Section II (C)]
☐ Yes, please provide a copy of the lease ☐ No, purchased the property. Please provide documentation.
3. Has the applicant provided written communication to the affected taxing jurisdictions notifying them of its intent to construct a renewable energy project?
☐ Yes ☐ No 4. Has the applicant received a letter of support for the megawatt cost to be used as a basis for the PILOT from the town, city or village where the Project is located?
☐ Yes. Please provide copy.
☐ No 5. Has the applicant received a letter of support for the megawatt cost to be used as a basis for PILOT from the school district?
☐ Yes. Please provide copy.
☐ No
☐ Yes ☐ No, if not, have you reached out to the town assessor to discuss a subdivision or slash parcel? Explain: ___________________________________________ A SUP of our proposed site plan and subdivision has been received from the Town of Manlius. 7. Will the applicant enter into a decommissioning plan with the host community, including financial assurance the plan can be executed?
☐ Yes, explain.
☐ No *PLEASE SEE FOLLOWING PAGE FOR OCIDA SOLAR BEST PRACTICES Onondaga County Industrial Development Agency Page 13 OCIDA Solar PILOTs Guidance and Best Practice OCIDA SOLAR PILOTs GUIDANCE AND BEST PRACTICE To be placed on the OCIDA meeting agenda, proposed solar projects must provide OCIDA with the following in advance of the Project’s first OCIDA meeting:
1. Fully completed OCIDA application.
2. Copy of Environmental Assessment Form.
3. A SEQR resolution approved by a local municipality indicating municipality will be lead agency, the type of action (I, II, or unlisted) and, if completed, the SEQR determination made by the municipality.
4. Copies of your zoning applications submitted to the local municipality.
5. Verification of parcel subdivision process with the town (if the entire parcel will not be used for the solar project).
6. A statement clarifying whether the applicant will lease or purchase the real property on which the Project is situated. If leased, provide a copy of the proposed or executed lease. If lease parcel is less then entire parcel then see 5 above.
7. A supporting document from the School District and the Town Board outlining the agreed upon cost per megawatt to be used as a basis for the PILOT. OCIDA cannot create the PILOT schedule without this information.
You will receive a draft Cost Benefit Analysis and a Draft PILOT schedule from this office. You may use these documents as your Project progresses through the OCIDA approval process. OCIDA staff are available to update these two documents as needed.
Onondaga County Industrial Development Agency Page 14
Please complete the following as an addendum:
1. Describe the reasons why the Agency’s financial assistance is necessary. Describe how the project would be impacted if these benefits were not provided. [see Section II (C)] 2. Is the Project being built in a blighted area? Please describe.
3. Is the Project fulfilling an unmet need in the area? Please explain.
4. Please provide a market study documenting a need for such housing.
5. Is there support from local government officials for the Project and for the financial assistance being requested from the Agency? Please provide written documentation.
6. Is the Project considered infill in a populated area? Please explain.
8. Is there additional county infrastructure necessary to service the Project? If, yes, please explain. 9. Is the Project part of a larger mixed-use development? Please describe.
Onondaga County Industrial Development Agency Page 15
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 CVE US EI4 Manlius North LLC (the Company) understands the Local Access Policy and agrees to complete Appendix C of the Agency’s application at the time of the application to the Agency and as part of a request to extend the valid date of the Agency’s tax-exempt certificate for the Project. The Company understands that an Agency tax-exempt certificate is typically valid for 12 months from the effective date of the project inducement and extended thereafter upon request by the Company. The Company further understands that any request for a waiver to this policy must be submitted in writing and approved by the Agency. I agree to the conditions of this agreement and certify all information provided regarding the construction and employment activities for the project as of 01/03/22 (date). Company: CVE US EI4 Manlius North LLC Representative for Contract: David Froelich __ Address: 109 W 27th St City: New York State: NY Zip: 10001 Phone: 914-847-0043 Email: david.froelich@cvegroup.com Project Address: 8107 East Seneca Turnpike City: Manlius State: NY 13104 Zip: General Contractor: TBD Contact Person: TBD Address: City: State: Zip: Phone: Email:
Authorized Representative: David Froelich Title: Director of Business Development Signature:
Onondaga County Industrial Development Agency Page 16
* Minimum Fee to be applied to all project receiving OCIDA benefits is 1% of the Total Project Cost (TPC) ACTIVITY FEES COMMENTS N Non- refundable Application Fee $1,000 Due at time of application L Legal Deposit $2,500 Due at time of application Minimum Fee of 1% of TPC 1. Sales and Use Tax Exemption .01 X TPC Due at closing
3. PILOT is an additional fee .0025 X TPC (total .0125) Bonds Due at closing B Bond refinancing and refunding .0025 of TPC A Agency Legal Fees .0.
Fe Fee for first $20 million .0025 X of the project cost or bond amount Due at closing ..
Fe Fee for expenses above $20 million .0 .00125 X of project cost or bond amount 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 17
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.
Please refer to the OCIDA Uniform Tax Exemption Policy. (add hyperlink) 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 _________________________________ CVE US EI4 Manlius North, LLC Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: _________________________________ Date: ______________
Onondaga County Industrial Development Agency Page 18
Agency Board Members
Agency Officers/Staff 1. Robert M. Petrovich, Executive Director
Agency Legal Counsel & Auditor 1. Jeffrey Davis, Esq., Barclay Damon LLP 2. Amanda Fitzgerald, 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 _________________________________ CVE US EI4 Manlius North, LLC Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: _________________________________ Date: ______________
Onondaga County Industrial Development Agency Page 19
David Froelich (Name of CEO or other authorized representative of
Applicant) confirms and says that he/she is the ____________________ Director of Business Development (title) of ____________________ CVE US EI4 Manlius North, 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 meetings law. Onondaga County Industrial Development Agency Page 20 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 21 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 22 Name of Applicant Company: _______________________________________ CVE US EI4 Manlius North, LLC Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: _________________________________ Date: ______________
COUNTY OF ONONDAGA ) ss.;
, being first duly sworn, deposes and says:
(Applicant) and that I am duly authorized on behalf of the Applicant to bind the Applicant. 2. That I have read and attached Application, I Know the contents thereof, and that to the best of my knowledge and belief, this Application and the contents of this Application are true, accurate and complete (Signature of Officer) Subscribed and affirmed to me under penalties of perjury this day of , 20 .
(Notary Public) End of Application Rev 8.5.21 Onondaga County Industrial Development Agency Page 23 .
January 4th, 2022 Onondaga County IDA 333 W. Washington St, Suite 130 Syracuse, NY 13202 RE: OCIDA Benefits Application - Section VI: For Solar Projects Only Dear OCIDA, Please see the response from CVE US EI4 Manlius North, LLC regarding Section VI: For Solar Projects Only of the OCIDA Application.
1. Describe the reasons why the Agency’s financial assistance is necessary. Describe how the Project would be affected if these benefits were not provided. [see Section II (C)] Incentives from NYSERDA for renewable energy projects have drastically dropped over the past few years and more recently construction costs have increased ~10%. The project needs financial assistance from the Agency or the viability of the project is in jeopardy. The project will bring Tremendous environmental benefits, including removing millions of pounds of carbon from the electricity grid. The project will deliver millions of dollars of energy savings for ~1,000 local residents over a 25 year period. The project will contribute 1.5MWac towards the State’s goal of 6 GW of distributed solar by 2025. A Host Community Benefit Agreement for the Town of Manlius has been negotiated and approved.
☐ Yes, please provide a copy of the lease X No, purchased the property. Please provide documentation.
3. Has the applicant provided written communication to the affected taxing jurisdictions notifying them of its intent to construct a renewable energy project?
X Yes ☐ No 4. Has the applicant received a letter of support for the megawatt cost to be used as a basis for the PILOT from the town, city or village where the Project is located?
☐ Yes. Please provide copy.
X No: a 487 PILOT agreement between the project and the Town has been approved and will be executed.
5. Has the applicant received a letter of support for the megawatt cost to be used as a basis for PILOT from the school district?
CVE North America, Inc.
• 109 W. 27th Street • 8th Fl • • New York, NY 10001 • www.cvegroup.com/en .
☐ Yes. Please provide copy.
X No: a 487 PILOT agreement between the project and the School District has been approved and will be executed.
☐ Yes X No, if not, have you reached out to the town assessor to discuss a subdivision or slash parcel? Explain:
A SUP of our proposed site plan and subdivision has been received from the Town of Manlius. 7. Will the applicant enter into a decommissioning plan with the host community, including financial assurance the plan can be executed?
X Yes, explain. Yes, a decommissioning plan has been filed and approved by the Town of Manlius.
☐ No Sincerely, Carson Weinand Senior Business Developer Carson.weinand@cvegroup.com
CVE North America, Inc.
• 109 W. 27th Street • 8th Fl • • New York, NY 10001 • www.cvegroup.com/en .
December 15th, 2021 Onondaga County IDA 333 W. Washington St, Suite 130 Syracuse, NY 13202 RE: OCIDA Benefits Application - Section VI: For Solar Projects Only Dear OCIDA, Please see the response from CVE US EI4 Manlius North, LLC regarding Section VI: For Solar Projects Only of the OCIDA Application.
1. Describe the reasons why the Agency’s financial assistance is necessary. Describe how the Project would be affected if these benefits were not provided. [see Section II (C)] Incentives from NYSERDA for renewable energy projects have drastically dropped over the past few years. The project needs financial assistance from the Agency or the viability of the project is in jeopardy. The project will bring Tremendous environmental benefits, including removing millions of pounds of carbon from the electricity grid. The project will deliver millions of dollars of energy savings for ~1,000 local residents over a 25 year period. The project will contribute 5MWac towards the State’s goal of 6 GW of distributed solar by 2025. A Host Community Benefit Agreement for the Town of Manlius has been negotiated and approved.
☐ Yes, please provide a copy of the lease X No, purchased the property. Please provide documentation.
3. Has the applicant provided written communication to the affected taxing jurisdictions notifying them of its intent to construct a renewable energy project?
X Yes ☐ No 4. Has the applicant received a letter of support for the megawatt cost to be used as a basis for the PILOT from the town, city or village where the Project is located?
☐ Yes. Please provide copy.
X No: a 487 PILOT agreement between the project and the Town has been approved and will be executed.
5. Has the applicant received a letter of support for the megawatt cost to be used as a basis for PILOT from the school district?
☐ Yes. Please provide copy.
CVE North America, Inc.
• 109 W. 27th Street • 8th Fl • • New York, NY 10001 • www.cvegroup.com/en .
X No: a 487 PILOT agreement between the project and the School District has been approved and will be executed.
☐ Yes X No, if not, have you reached out to the town assessor to discuss a subdivision or slash parcel? Explain:
A SUP of our proposed site plan and subdivision has been received from the Town of Manlius. 7. Will the applicant enter into a decommissioning plan with the host community, including financial assurance the plan can be executed?
X Yes, explain. Yes, a decommissioning plan has been filed and approved by the Town of Manlius.
☐ No Sincerely, Carson Weinand Senior Business Developer Carson.weinand@cvegroup.com
CVE North America, Inc.
• 109 W. 27th Street • 8th Fl • • New York, NY 10001 • www.cvegroup.com/en .
December 15th, 2021 Onondaga County IDA 333 W. Washington St, Suite 130 Syracuse, NY 13202 RE: OCIDA Benefits Application - Section II, D: Description of Project Dear OCIDA, Please see the response from CVE US EI4 Manlius North, LLC regarding Section II, D: Description of Project of the OCIDA Application.
x (i) the size of the Project in square feet and a breakdown of square footage per each intended use;
- 20 acres, 1.5MWac x (ii) the size of the lot upon which the Project sits or is to be constructed; - 50 acres (to be subdivided from existing 225 acre parcel) x (iii) the current use of the site and the intended use of the site upon completion of the Project;
- Current use of the site is an agricultural farm. The intended use of the site is solar renewable energy facility.
x (iv) the principal products to be produced and/or the principal activities that will occur on the Project site;
- The generation of solar electricity.
☐ (v) please describe your method for site control (Own, lease, other).
- Purchase and Sale Agreement.
Sincerely, Carson Weinand Senior Business Developer Carson.weinand@cvegroup.com
CVE North America, Inc.
• 109 W. 27th Street • 8th Fl • • New York, NY 10001 • www.cvegroup.com/en Onondaga County Industrial Development Agency Project Summary DRAFT 12/20/2021 1. Project CVE USI5 Manlius East, LLC 2. Project Number 3101-21-17B 3. Location Manlius 4. School District Fayetteville-Manlius School District
5. Tax Parcel(s) 099.-01-03.0 0 7.Total Project Cost $ 9,000,000 8. Total Jobs 0 Land $ 750,000 8A. Job Retention 0 Site Work $ 3,500,000 8B: Job Creation 0 Building $ (Next 5 Years) Furniture & Fixtures $ - Equipment $ Equipment Subject to NYS Production $ 4,000,000 Exemption Engineering/Architecture Fees $ 450,000 Financial Charges $ 250,000 Legal Fees $ 50,000 Other- Solar Installation Labor $ - Cost Benefit Analysis CVE USI5 Manlius East, LLC Project Description Fiscal Impact ($) Abatement Cost $ 414,000 Sales Tax $ 360,000 Mortgage Tax $ 54,000 Property Tax Relief (PILOT) $ - New Investment $ 10,904,750 PILOT Payments $ - Project Wages (10 years) $ - Construction Wages $ 1,813,750 CVE USI5 Manlius West, LLC are proposing to construct a 5MW solar array on 40 acres of land in the Town of Manlius. Employee Benefits (10 years) $ - Project Capital Investment $ 9,000,000 New Sales Tax Generated 99.-010-3 Agency Fees $ 91,000 Benefit:Cost Ratio 26 :1
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 (the “Agency” or “OCIDA”) 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.
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 Nancy Lowery at nancylowery@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.
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 September 14, 2021.
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: Nancy Lowery 333 W. Washington Street, Suite 130 Syracuse, NY 13202 Phone: 315-435-3770 | Fax: 315-435-3669 nancylowery@ongov.net
Please answer all questions. Use “None”, “Not Applicable” and “See Attached” where necessary.
Submittal Date: _____________
A) Applicant/Project Operator information (company receiving benefits):
Applicant/Project Operator: CVE US EI5 Manlius East, LLC
Applicant/ Project Operator Address: 109 W 27th St, New York, NY 10001 Phone: 914-847-0043 Fax:
cvenorthamerica.com Website: E-mail: carson.weinand@cvegroup.com Federal ID#: 87-3033538 NAICS:
State and Year of Incorporation/Organization: __________________________________________ New York, 2021 Owner (if different from Applicant/Project Owner): _____________________________________ Owner Address:
Federal ID#:
State and Year of Incorporation/Organization:
List of stockholders, members, or partners of Owner:
________________________________________________________________________________ B) Individual Completing Application:
Name: Carson Weinand Title: Senior Business Developer Address: 109 W 27th St, New York, NY 10001 Phone: 239-784-8080 Fax:
E-mail: carson.weinand@cvegroup.com Onondaga County Industrial Development Agency Page 1 C) Company Contact (if different from individual completing application):
Name: Thibaut Delespaul Title: General Manager, CVE North America, Inc.
Address: 109 W 27th St, New York, NY 10001 Phone: 914-847-0043 Cell Phone: 917-750-5110 E-mail: thibaut.delespaul@cvegroup.com D) Company Counsel:
Name of Attorney: Barry Carrigan Firm Name: Nixon Peabody Address: 1300 Clinton Square, Rochester, NY 14604 Phone: 585-263-1591 Cell Phone: 585-729-7885 E-mail: bcarrigan@nixonpeabody.com E) Business Organization (check appropriate category):
☐ Corporation ☐Partnership ☐ Public Corporation ☐Joint Venture ☐ Sole Proprietorship ☐Limited Liability Company ☐ Other (please specify):
Year Established: 2021 State in which Organization is established: New York F) List all stockholders, members, or partners with % of ownership greater than 5%: Name % of ownership CVE NA Devco, LLC 100% Onondaga County Industrial Development Agency Page 2 G) Applicant Business Description:
Please attach a description of your Company’s background, products, customers, goods and services. Estimated % of sales within Onondaga County: ________________________________________ 50% Estimated % of sales outside Onondaga County but within New York State: 50% Estimated % of sales outside New York State but within the U.S.:
Estimated % of sales outside the U.S.:
(*Percentage to equal 100%) H) Applicant History: If the answer to any of the following is “Yes”, please explain below. If necessary, attach additional information.
☐Yes ☐No plaintiff or defendant in any civil or criminal litigation?
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? Please attach any explanations. ☐Yes ☐No I) Has the Project Beneficiary received assistance from OCIDA, Syracuse Industrial Development Agency (SIDA), New York State or the Onondaga Civic Development Corporation (OCDC) in the past? If yes please attach an explanation and please give year, project name, and description of benefits and address of project.
☐Yes ☐No Onondaga County Industrial Development Agency Page 3
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: 8109 East Seneca Turnpike (assigned by SOCPA; subdivided from No Number Duguid Rd) Legal Address (if different):
City: Manlius Village/Town: Manlius Zip Code: 13104 School District: Fayetteville-Manlius Tax Map Parcel ID(s): 099.-01-03.0 (to be updated once subdivision is filed) Current Assessed Value: ________________ $251,000 (full parcel) Footage of Existing Building: _________________ 0 Census Tract: ___________________________________________________________________ B) Type (Check all that apply):
☐New construction ☐Purchase of machinery and/or equipment ☐Expansion/Addition to current facilities ☐Brownfield/Remediated Brownfield ☐Renovation of existing facility ☐LEED Certification ☐ Housing Project ☐Demolition and Construction ☐ Renewable Energy Project ☐Acquisition of existing facility/property ☐ Retail ☐Other:
C) Project Narrative: A statement that there is a likelihood that the project would not be undertaken but for the financial assistance provided by the Agency or, if the project could be undertaken without financial assistance provided by the Agency, a statement indicating why the project should be undertaken by the agency.
* For a Retail Project (also see page 14) * For a Renewable Energy Project (also see page 15) * For a Housing Project (also see page 17) D) Description of Project: Please provide a detailed narrative of the proposed Project. Please separately attach the description and any copies of site plans, sketches or maps. 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;
Onondaga County Industrial Development Agency Page 4 ☐ (iv) the principal products to be produced and/or the principal activities that will occur on the Project site;
☐ (v) please describe your method for site control (Own, lease, other). 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 ( see page 14) ☐ Housing Project ( see page 17 ) ☐Mixed Use ☐ Equipment Purchase ☐Facility for Aging ☐ Multi-Use Tenant ☐Civic Facility (not for profit) ☐ Renewable Energy Project ( see page 15) ☐Other ______________________ ☐ Commercial F) If applicant will not occupy 100% of the building in a real estate transaction, provide information on tenant(s) that includes name, present address, and percentage of project to be leased, type of business organization, relationship to applicant, date and term of lease. G) For the Agency to consider this Project, please provide the following information: 1. Does the Project consist of new construction or expansion or substantial renovation of an existing facility?
☐Yes ☐No 2. Will the Project create new employment opportunities or retain existing jobs that may otherwise be lost?
☐Yes ☐No 3. Does the Project beneficiary serve a customer base primarily outside of Onondaga County?
☐Yes ☐No H) Will the completion of the Project result in the removal of an industrial or manufacturing plant of the company from one area of the state to another area of the state OR in the abandonment of one or more plants or facilities of the company located within the state? Please explain if you answer “Yes” by attaching a response.
☐Yes ☐No I) Please attach a description of any compelling circumstances the Agency should be aware of while reviewing this application.
Onondaga County Industrial Development Agency Page 5 J) Local Approvals (Site Plan and Environmental Review) 1. Have site plans been submitted to the appropriate town or local planning department? ☐Yes. What is the status? ☐No. When will the plans be submitted? _______________________________________________________ SEQRA Neg Dec and Special Use Permit have been awarded. 2. Has the project received site plan approval from the town or local planning board? ☐Yes ☐No 3. If no, what is the anticipated approval date? ________________________________ 4. If yes, provide the Agency with a copy of the Planning Board’s approval resolution along with the related SEQR determination. (NOTE: SEQR determination is required for final approval and sales tax agency appointment.)
a. Please attach the appropriate Environmental Impact Forms to your application. Here is a link to the SEQR forms: http://www.dec.ny.gov/permits/6191.html b. Have any environmental issues been identified on the property? ☐Yes ☐No If yes, please attach an explanation.
Onondaga County Industrial Development Agency Page 6
A) Project Costs and Finances Description of Costs Total % of Total Total Private Expenditure Budget Budget to be (should be less than or Amount Procured in equal to total budget Onondaga amount) County Land Acquisition 750000 Site Work/Demo 3500000 Building Construction & Renovation Furniture & Fixtures Equipment 4000000 Engineering/Architect 450000 sFinancial Charges 250000 Legal 50000 Other Management/Developer Fees Total Project Cost 9000000 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 $ 9,000,000 Project refinancing: estimated amount (for refinancing of existing debt only) $ Sources of Funds for Project Costs:
1. Bank Financing $ _______________
2. Equity (excluding equity that is attributed to grants/tax credits) $ 1,800,000 3. Tax Exempt Bond Issuance (if applicable) $ _______________
Onondaga County Industrial Development Agency Page 7
and tax credits) $ 3,900,000 -Identify each state and federal grant/credit:
Federal Investment Tax Credit $ 2,340,000 NYSERDA NY-Sun $ 1,560,000 $ 6. Total Sources of Funds for Project Costs $ _______________
C) Employment and Payroll Information *Full Time Equivalent (FTE) is defined as one employee working no less than 40 hours per week or two or more employees together working a total of 40 hours per week.
☐Yes ☐No If yes, provide number of FTE jobs at the facility:
Estimate the number of FTE jobs to be retained as a result of this Project: 0 Estimate the number of construction jobs to be created by this Project: 100 Estimate the average length of construction jobs to be created (months): 5 months Current annual payroll at facility:
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:
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, and third, 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.
Please use this chart to illustrate the current employment:
Job Title/Category Current Annual Pay Current Employment (FTE) Please use this chart to illustrate the projected employment growth:
Job Title/Category Current Annual Pay Jobs Created Jobs Created Jobs Created Year 1 Year 2 Year 3 If you prefer, you may attach a job chart of your own that outlines the job growth projections regarding the Project.
E) Financial Assistance sought (estimated values):
☐ Real Property Tax Abatement (PILOT):
☐ Mortgage Recording Tax Exemption (.75% of amount mortgaged): 54,000 ☐ Sales and Use Tax Exemption (4% Local, 4% State): 360,000 (only 4% local applies) ☐ 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): $ 7,200,000 Estimated Mortgage Recording Tax Exemption Benefit (product of mortgage amount as indicated above, multiplied by .0075): $ 54,000 G) Sales and Use Tax Benefit Calculator: Gross amount of costs for goods and services that are subject to State and local Sales and Use Tax – said amount to benefit from the Agency’s Sales and Use Tax exemption benefit:
$ 9,000,000 Estimated State and local Sales and Use Tax Benefit (product of 8% multiplied by the figure, above) (This should match the amount in section “E” on page 9, this calculation only exists to help you with your estimate):
$ 360,000 Onondaga County Industrial Development Agency Page 10
Section IV of this Application will be: (i) completed by IDA Staff based upon information contained within the Application, and (ii) provided to the Applicant for ultimate inclusion as part of this completed Application prior to the completed application being provided to the OCIDA Board.
A) PILOTS Estimate Table Worksheet OCIDA estimate of current value New construction and renovation costs OCIDA estimate of increase in value OCIDA estimated value of completed project OCIDA estimate of taxes that would have been collected if the project did not occur Scheduled PILOT payments PILOT Exemption County Local School Total Full Tax Net Exemption Year % PILOT PILOT PILOT PILOT Payment Amount Amount Amount w/o PILOT
Estimates provided are based on current property tax rates and assessment value (current as of date of application submission) and have been calculated by IDA staff.
Onondaga County Industrial Development Agency Page 11
For Retail Retail Projects Only Only Tax 1. Will the cost of the retail portion of the Project exceed one-third of the total project cost?
☐Yes ☐No 2. Is the Project located in a distressed area? A distressed area is a census tract that has a) a poverty rate of a least 20% or at least 20% of households receiving public assistance, and (b) an unemployment rate of least 1.25 times the statewide unemployment rate for the year to which the date relates.
☐Yes ☐No 3. Is the Project likely to attract a significant number of visitors from outside of the economic development region?
☐Yes ☐No 4. Is the predominate purpose of the Project to make available goods or services which would not, but for the Project, be reasonably accessible to the residents of the Town, City, County or Village of where the Project will be located. ☐Yes ☐No Onondaga County Industrial Development Agency Page 12
Please complete the following as an addendum: P X, an 1. Describe the reasons why the Agency’s financial assistance is necessary. Describe how the Project would be affected if these benefits were not provided. [see Section II (C)]
☐ Yes, please provide a copy of the lease ☐ No, purchased the property. Please provide documentation.
3. Has the applicant provided written communication to the affected taxing jurisdictions notifying them of its intent to construct a renewable energy project?
☐ Yes ☐ No 4. Has the applicant received a letter of support for the megawatt cost to be used as a basis for the PILOT from the town, city or village where the Project is located?
☐ Yes. Please provide copy.
☐ No 5. Has the applicant received a letter of support for the megawatt cost to be used as a basis for PILOT from the school district?
☐ Yes. Please provide copy.
☐ No
☐ Yes ☐ No, if not, have you reached out to the town assessor to discuss a subdivision or slash parcel? Explain: ___________________________________________ A SUP of our proposed site plan and subdivision has been received from the Town of Manlius. 7. Will the applicant enter into a decommissioning plan with the host community, including financial assurance the plan can be executed?
☐ Yes, explain.
☐ No *PLEASE SEE FOLLOWING PAGE FOR OCIDA SOLAR BEST PRACTICES Onondaga County Industrial Development Agency Page 13 OCIDA Solar PILOTs Guidance and Best Practice OCIDA SOLAR PILOTs GUIDANCE AND BEST PRACTICE To be placed on the OCIDA meeting agenda, proposed solar projects must provide OCIDA with the following in advance of the Project’s first OCIDA meeting:
1. Fully completed OCIDA application.
2. Copy of Environmental Assessment Form.
3. A SEQR resolution approved by a local municipality indicating municipality will be lead agency, the type of action (I, II, or unlisted) and, if completed, the SEQR determination made by the municipality.
4. Copies of your zoning applications submitted to the local municipality.
5. Verification of parcel subdivision process with the town (if the entire parcel will not be used for the solar project).
6. A statement clarifying whether the applicant will lease or purchase the real property on which the Project is situated. If leased, provide a copy of the proposed or executed lease. If lease parcel is less then entire parcel then see 5 above.
7. A supporting document from the School District and the Town Board outlining the agreed upon cost per megawatt to be used as a basis for the PILOT. OCIDA cannot create the PILOT schedule without this information.
You will receive a draft Cost Benefit Analysis and a Draft PILOT schedule from this office. You may use these documents as your Project progresses through the OCIDA approval process. OCIDA staff are available to update these two documents as needed.
Onondaga County Industrial Development Agency Page 14
Please complete the following as an addendum:
1. Describe the reasons why the Agency’s financial assistance is necessary. Describe how the project would be impacted if these benefits were not provided. [see Section II (C)] 2. Is the Project being built in a blighted area? Please describe.
3. Is the Project fulfilling an unmet need in the area? Please explain.
4. Please provide a market study documenting a need for such housing.
5. Is there support from local government officials for the Project and for the financial assistance being requested from the Agency? Please provide written documentation.
6. Is the Project considered infill in a populated area? Please explain.
8. Is there additional county infrastructure necessary to service the Project? If, yes, please explain. 9. Is the Project part of a larger mixed-use development? Please describe.
Onondaga County Industrial Development Agency Page 15
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