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PHONE: 315.435.3770 FAX: 315.435.3669 ONGOVED.COM Meeting Agenda January 18, 2022 8:00 AM Call to Order the OCIDA Organizational Meeting 8:05 AM Call to Order the Meeting of the Agency
Action Items
CVE US EI4 Manlius North, LLC is proposing to construct a 1.5 MW, 20-acre solar array on 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 authorizing a public hearing.
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 authorizing a public hearing.
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 authorizing a public hearing.
Representative: Carson Weinand, Senior Business Developer, CVE Group 4. Immediate Mailing Services, Inc. / 245 Commerce LLC (3101-21-15B) Initial 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 declaring intent to be the lead agency for purposes of a coordinated review pursuant to SEQRA.
b. A resolution of the Board authorizing a public hearing.
Representative: Sam Wilks, Senior Accountant, IMS Inc.
Annual assessments of projects as required by General Municipal Law Section 874(12) Agency Action Requested:
a. A resolution of the Board waiving recapture of financial assistance with regard to certain projects due to COVID related impacts.
Representative: Nancy Lowery, Secretary, OCIDA
Agency Action Requested:
a. A resolution of the Board amending Article IV of the restated bylaws, to require all future amendments to the bylaws to require a supermajority vote of the Board. A resolution of the Board 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. Representative: Robert M. Petrovich, Executive Director, OCIDA
Rev’d 1.17.22 2 Agency Action Requested:
a. A resolution of the Board adopting the revised OCIDA Project Application. Representative: Nancy Lowery, Secretary, OCIDA
Agency Action Requested:
a. A resolution of the Board adopting the Property Acquisition Policy.
Representative: Nancy Lowery, Secretary, OCIDA 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 four parcels of property. Representative: Robert Petrovich, Executive Director, OCIDA Adjourn Rev’d 1.17.22 3 Onondaga County Industrial Development Agency Regular Meeting Minutes December 14, 2021 A regular meeting of the Onondaga County Industrial Development Agency was held on Tuesday, December 14, 2021 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 8:00 am with the following:
PRESENT:
Patrick Hogan Janice Herzog Steve Morgan Susan Stanczyk Kevin Ryan Fanny Villarreal
ABSENT:
Victor Ianno
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 Len Rauch, Office of Economic Development Joseph Cattalani, Stewart Hancock Partner, LLC Charlie Wallace, Quantum Cool, LLC Paul Reichel, Bond Schoeneck & King APPROVAL OF REGULAR MEETING MINUTES – NOVEMBER 9, 2021 Upon a motion by Kevin Ryan, seconded by Janice Herzog, the OCIDA Board approved the regular meeting minutes of November 9, 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 November 2021. page4 Upon a motion by Janice Herzog, seconded by Fanny Villarreal, the OCIDA Board approved the Treasurer’s Report for the month of November 2021. Motion was carried.
Nate Stevens gave a brief review of the Payment of Bills Schedule #463.
Upon a motion by Janice Herzog, seconded by Susan Stanczyk, the OCIDA Board approved the Payment of Bills Schedule #463 for $463,034.19 and PILOT payments to NYS & W Railway Corp. for $2,910.00, Onondaga County for $945.89, Town of DeWitt for $14.50, Town of Onondaga for $2.92, Jamesville Dewitt School District for $94.89 and City of Syracuse for $1,471.13. Motion was carried.
The Conflict of Interest was circulated and there were no conflicts reported.
Joseph Cattalani stated they are proposing to build a new warehouse at the airport for Dunn Tire because they have outgrown their current warehouse and their office is not really suitable to keep expanding business.
Kevin Ryan asked where the current facility is. Robert Petrovich stated they rent a facility in Clay.
Robert Petrovich stated the project is locating at the Hancock Airpark which is owned by the County and controlled by this organization in terms of marketing and sales of the property. He stated this is a nice development project. He stated there is a creation of 11 jobs and one of the things that should be noted is Len Rauch did a nice job in working with the applicant on this project because if they couldn’t find a place here he believes they would have moved to Albany. 2 page5 He stated this is a nice win. He stated the Town of Cicero was accommodating in terms of some of the modifications to the setback requirement. He stated at the end of the day we got there but it was a little bit of a struggle.
Patrick Hogan asked if there are any properties left at Hancock Airpark. Robert Petrovich stated there are a couple of parcels left and Len Rauch is working on getting the last couple taken care of and then we will be out of space. He stated the County Executive is looking to do another project like Hancock Airpark so we can accommodate businesses like this with shovel ready sites for them to develop on.
Jeff Davis stated the Cicero Planning Board was lead agency and they conducted an environmental review earlier this year and we were not identified at the time as an involved agency and had we been we would have consented. He stated all the information has been reviewed and the resolution before the Board is in recognition of the environmental review conducted by the Planning Board for the Town of Cicero. He stated the Board is reaffirming accepting and adopting that negative declaration and the review they conducted. Nancy Lowery stated a public hearing was held and there were no comments on the project. Upon a motion by Kevin Ryan, seconded by Janice Herzog, the OCIDA Board approved a resolution authorizing adoption of SEQRA negative declaration determination for the Stewart Hancock Partners LLC/Dunn Tire LLC project. Motion was carried.
Upon a motion by Susan Stanczyk, seconded by Fanny Villarreal, the OCIDA Board approved a resolution authorizing the financial assistance the Agency will provide to include exemptions from certain sales and use taxes, real property taxes, real estate transfer taxes and mortgage recording taxes for the Stewart Hancock Partners LLC/Dunn Tire LLC project. Motion was
carried.
Jeff Davis stated this project was approved in September. He stated they came before the Board shortly after that approval and approved a change in ownership from the original member which 3 page6 was GSPP Omni Hold Co LLC and then a few weeks later there was a change in ownership to GSPP Hold Co 2 LLC so a new LLC was created under the same provisions. He stated in gearing up to close we sent out our closing documents to them with the signature block for GSPP Hold Co LLC and we learned on December 3 the company entered into a membership interest purchase agreement between GSPP Hold Co LLC and the new owner GSPP Hold Co F and C Fund. He stated in essence what they did was they had somebody come in and provide an equity interest to help pay for the construction of the facility and they entered into that change of ownership. He stated the documents have been reviewed and the ownership transaction took place December 3. He stated they have also filed with the State with regard to certain benefits required for this type of facility. He stated they are before us to do an after the fact despite the fact that it should have been done before the fact. He stated the interesting thing is the facility is already built and is almost completed. He stated he also learned that when they went to close they no longer are going to be requiring the sales tax exemption because it is already built and therefore they can’t use it. He stated it is a little bit less of a benefit that the Agency is going to provide and they will really only be receiving the PILOT from the Agency. He stated in order to move forward to close the Agency needs to approve.
Patrick Hogan asked what happens if we don’t approve. Jeff Davis stated they don’t receive the PILOT. He stated at this point he does not think they can undo this membership interest change especially now that they filed with the State.
Susan Stanczyk asked what the building is. Robert Petrovich stated it is a solar facility. Jeff Davis stated it is located in the Town of Lafayette and GSPP stands for Green Street Power Partners.
Kevin Ryan asked what precipitated the new ownership and who the new owners are. He stated in the past there has been concern. Jeff Davis stated the membership information they sent has been looked at and it is still Green Street Power Partners that is involved in the process; they brought in someone else that provided equity funding to complete the construction. Jeff Davis asked if Samantha Podlas knew who the F and C stands for in the F and C Fund. Samantha Podlas stated they did not provide that information but there was concern last month with Cicero going out to Goldman Sachs and the transfers are all within the company. 4 page7 Jeff Davis stated if he remembers correctly they create the entity and the members of that LLC can buy into certain ones of these solar facilities. He stated there was extensive discussion at a prior meeting and the owner was trying to explain it. He stated that they owned this one and they have other partners that buy into various solar facilities.
Kevin Ryan asked if we are satisfied that this doesn’t change anything in terms of operation control or anything else in terms of the way this is going to function. Jeff Davis stated this doesn’t change anything in terms of operational control and is still in the name of GSPP, it is just that GSPP at the back end decided who owns their company.
Patrick Hogan asked if they made the local municipality aware of the ownership. Jeff Davis stated the facility is already constructed and he doesn’t think they have to.
Patrick Hogan asked why they don’t have to. Jeff Davis stated it is under construction, they have a permit and what they needed to get the permit was to submit a removal bond so they have a bond in place with the Town that covers the facility. He stated under that bond if there is a change in ownership that town needs to be notified who the appropriate bond entity is. He stated whether that has been done he does not know.
Robert Petrovich stated generally speaking when we have projects we close then there is a change in ownership and we require folks to come back to the Board. He stated in this particular instance, we haven’t closed and there have been two ownership changes thus far. He stated the first one was early on and we did it more or less as a courtesy. He stated this is another change yet again. He stated he thinks going forward, he would hope the Board would endorse that when the applicant closes the deal and if they want to do a change in ownership they have to come back before the Board after the closing and then the Board can consider it. He stated in this instance the horse has left the barn but it is frustrating because we are now chasing different entities and it is more work for counsel. He stated at the end of the day we understand extenuating unique circumstances but this seems to be a recurring pattern on these solar projects. Jeff Davis stated he would recommend that as well. He stated the change in ownership beforehand, especially in this particular industry, are becoming difficult.
5 page8 Kevin Ryan stated Patrick Hogan raised a good point questioning if the town is notified and the answer was they don’t have to, but it was said they post a bond and in the terms of the bond the municipality is required to be notified of any ownership change. He stated if they have not notified the Town of Lafayette of the ownership change doesn’t that violate the terms of the bond and if something happens we can make a claim that they didn’t comply with the material terms. Jeff Davis stated he has not seen the bonds, he has not read the bonds and we are not required to see the bonds so he does not know what the terms are. He stated typically you would notify if there is a change in owner but if this qualifies, he does not know what entity posted the bonds because that is all within the Town of Lafayette.
Kevin Ryan asked if we are going to approve the ownership change can we do it such a fashion that we require they notify the Town of Lafayette so the terms of the bond are complied with so that they are not violated and voided. Jeff Davis stated he thinks we can make that request that they do that but we cannot condition an approval of change in ownership. He stated it has already happened. He stated we just don’t close.
Janice Herzog stated Kevin Ryan raises a good point because what if for some odd reason the town has a problem with it and our Board already approved it then they can say well OCIDA
approved it.
Robert Petrovich stated they want the PILOT so there is motivation to close.
Jeff Davis stated we can put in that on the condition of OCIDA closing on the PILOT they need to provide documentation that they have notified the Town of Lafayette of the change in ownership and the bond is in full force.
Kevin Ryan stated that there might be some other condition that we are unaware of. Jeff Davis stated he is assuming there is a removal bond because typically these types of facilities have one. He stated he thinks that is a fine condition to put in. He stated he is sure they would easily want to satisfy that so they can close and get their PILOT.
Janice Herzog stated we can hear from the town to see if everything is OK then we can approve our projects but it seems like we are putting the cart before the horse.
6 page9 Steve Morgan asked if it is a burden for all parts of our agency to deal with something like this, can we invoke a change in ownership fee. He stated if that is done at least we will cover our time and efforts to accommodate something like this. Robert Petrovich stated that is a great idea and it was discussed amongst counsel and staff about doing something like that such that everyone recoups some of the cost and time. He stated he doesn’t know if it can be done in this particular situation and he will defer to counsel given timing but on a going forward basis he thinks this is something we ought to consider as part of the transaction.
Jeff Davis stated typically if this is post-closing and they are coming back to us we do have a fee to cover the development of new documents. He stated sometimes OCIDA charges a fee to come back and appear before the Board and in this case obviously we have not closed yet. He stated the Agency fee structure as established is in the OCIDA application that they submitted. Jeff Davis stated if the Board wanted to entertain the approval of the resolution for the change in ownership that would include language that would be added into that resolution that prior to closing on the PILOT they must show proof of notification of the change in ownership to the Town of Lafayette and prove that the bond, if any, is still in full force and effect. He stated he will modify that in the written resolution for purposes of any resolution going forward those will be the two conditions that we include.
Upon a motion by Janice Herzog, seconded by Kevin Ryan, the OCIDA Board approved a resolution consenting to the sale of membership interest of the GSPP Sentinel Heights Road, LLC project subject to proof of notification of the change in ownership to the Town of Lafayette and proof that the bond, if any, is in full force and effect. Motion was carried.
Nancy Lowery stated this is a modification to the resolution and everyone should have copies. Paul Reichel stated back in 2019 an affiliate of VIP Structures Quantum Cool built a facility and leases it to Cryomech in Dewitt. He stated at the time there was a possibility that they might sell the facility to Cryomech and two years later they want to sell it to Cryomech. He stated the documents allow the sale to Cryomech but Cryomech wants to set up a subsidiary to buy it. He 7 page10 stated the sale will be to Kelvin Kool LLC and they are before the Board to ask for approval of the sale to Kelvin Kool, a subsidiary of Cryomech.
Jeff Davis stated when this was originally approved, the Board pre-approved a sale already to Quantum Cool. He stated this is just a change in name of the company that they are going to sell to and we had already contemplated this was going to happen. He stated this request is not only the approval of the name change for the change in ownership but also approval to authorize the executive director to execute mortgage documents as necessary like we typically do. Charlie Wallace stated the entity is solely owned by Cryomech.
Robert Petrovich stated it is separating the real estate from the operating business and is standard practice.
Paul Reichel stated to be clear they are not asking for a mortgage tax exemption on the project. He stated they are also asking for release of Quantum Cool because it is no longer going to own the facility, it is selling it to Kelvin Kool. Robert Petrovich stated a release going forward but Cryomech is till responsible for future job targets and obligations.
Upon a motion by Kevin Ryan, seconded by Susan Stanczyk, the OCIDA Board approved a resolution approving the assignment of the right, title and interest in a Company Project Facility by Quantum Cool, LLC to Kelvin Kool, LLC and authorization for the executive director to execute and deliver documents in connection therewith including mortgage documents. Motion was carried.
Nancy Lowery stated we are required by Municipal Law 874-12 to report to the Board assessment of the active projects and this year we have 64 active projects and 60 are in compliance. She stated 4 are out of compliance meaning they have fallen below the 75% of the employment they put in their application. She stated we have been in contact with the 4 projects and submitted written documentation as to why they fell below. She stated they are all Covid related. She stated 3 of them are in the hospitality industry that are hotels and due to the 8 page11 executive order from the Governor they were severely impacted by restrictions. She stated the other was an apartment complex that was impacted by the restrictions and thier ability to hire contracting employees. She stated it is important to note that none of these companies had fallen below their targets prior to Covid and were within compliance. She stated they all hope to get back to their targets but the hotels might need another year to get back up to compliance. She stated staff is in contact with them.
Kevin Ryan asked what hotels and where are they located. Nancy Lowery stated Destiny USA, Etna and Prima Terra. She stated she is not sure the exact location but she can get that information to him. She stated they are all in Onondaga County.
Kevin Ryan asked if they are along the I-81 corridor making the complaints. Robert Petrovich stated he is not sure they are the same ones.
Robert Petrovich stated we are required to inform the Board of the circumstance at this meeting. He stated at the January meeting we will be looking for a vote from the Board with respect to recapture and whether or not we should institute recapture of benefits with respect to these companies. He stated staff’s recommendation because of extenuating circumstances related to Covid that we would hope not to do that. He stated that staff can advise the Board and the Board can make a determination at that time.
Susan Stanczyk asked for information of how far they are behind, more information why they are lacking and the positions that are lacking. She stated she understands if it were sales and marketing but it depends on what the positions are. Robert Petrovich stated staff can provide that information.
Robert Petrovich stated this is not a forward look, it is a look back as to what was in the height of Covid and what the problem was. He stated he expects them to be rebounding assuming we keep this at bay. He stated staff will provide information as to where they are located, information as to by how much they missed the mark, the positions and potentially their plan to get back on track.
9 page12 Susan Stanczyk stated she is not sure if the Agency should consider or not but if they received a PPP loan they shouldn’t have lost those employees. She stated if there is no work to be done, she gets that but she would like to know what they have received as far as benefits. Patrick Hogan stated he is surprised there hasn’t been more because it has been devastating and he can totally understand.
Kevin Ryan asked what was the name of the project that wasn’t a hotel and what types of jobs were lost. Nancy Lowery stated it was Morgan B’Ville Apartments. She stated they had contract employees like life guards, other ancillary and seasonal kinds of things. Jeff Davis stated no action is required just a report to the Board. He stated a recommendation will be provided at the January meeting for a vote for the Board.
Jeff Davis stated his recommendation is to vote to go into executive session to discuss the potential entrance into purchase and sale contracts.
Upon a motion by Janice Herzog, seconded by Fanny Villarreal, 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 Fanny Villarreal, the OCIDA Board adjourned Executive Session. Motion was carried.
Jeff Davis stated the resolutions before the Board are for acquisition of additional lands. He stated there are two parcels of land. He stated this is relevant to White Pine and he will read the pertinent parts of the SEQR resolution.
10 page13 Upon a motion by Susan Stanczyk, seconded by Kevin Ryan, the OCIDA Board approved a resolution authorizing the adoption of SEQR determination. Motion was carried.
Upon a motion by Susan Stanczyk, seconded by Fanny Villarreal, the OCIDA Board approved a resolution authorizing the Executive Director to enter into purchase contracts and any related documents with respect to a parcel of property. Motion was carried.
Upon a motion by Kevin Ryan, seconded by Susan Stanczyk, the OCIDA Board adjourned the meeting at 8:56 am. Motion was carried.
_________________________________ Nancy Lowery, Secretary 11 page14
PHONE: 315.435.3770 • FAX: 315.435.3669 December 31, 2021
Revenue / Expense / Income Current Period Current YTD Amount Change to Budget Operating Revenue 683,036 2,480,738 1,646,000 834,738 Administrative Expense 93,443 608,049 1,008,000 (399,951) Operating/Program Exp. 318,410 1,247,480 638,000 609,480 Net Ordinary Income 271,182 625,210 - 625,210 Current Assets Current YTD Prior YTD Total Cash 2,973,587 5,068,330 Less Pass Through Received 32,765 34,776 Available Cash 2,940,822 5,033,554 Receivables (less pass through rec.) 537,359 687,099 Grant Reimbursements - - Total 3,478,181 5,720,653 Reserve for Contracts County Operations 2021 399,951 333 W. Washington St 2021 Rent 8,920 OBG WPCP CO #4 Additional Studies 193,233 JMT 800 Hiawatha Engineering 10,234 Barclay Damon WPCP Options - Total 612,338 Receivables 0-120 days 315,335 > 120 days 222,024 Total 537,359 page15 Onondaga County Industrial Development Agency Profit and Loss December 2021
Income
2116.1 Agency Fees 530,134.95 Total 2116 Fees 530,134.95 2655 Other Operating Revenue 152,875.83 Total 500 Operating Revenue 683,010.78
2401 Interest Income 25.44 Total 501 Non-Operating Revenue 25.44
529 PILOT Income 32,764.80 Total 534 Pilot & Pass Thru Revenue 32,764.80 Total Income $715,801.02 GROSS PROFIT $715,801.02 Expenses
6402 Rent 12,504.00
6406.50 Consulting Services 5,000.00 Total 6406 Other Professional Services 5,000.00 6407 Administrative Expense 93,443.49 6408 Meeting Expenses 443.47 6410 Office Expense 3,593.23 Total 6400 Operating Expense 114,984.19
6445.01 Blue Rock BS&K 690.00 Total 6445 Special Counsel 690.00
6460 IDA General Legal 5,790.00
6470.1 Options 8,571.18 6470.2 Land Purchases 35,565.00 6470.3 SEQR/Envir 155,863.82 6470.5 JMT 50,000.00 Total 6470 WPCP Development 250,000.00 Total 6450 Barclay Damon 255,790.00 Total 6440 Legal Fees 256,480.00 page16 Accrual Basis Thursday, January 13, 2022 04:03 PM GMT-05:00 1/2 Onondaga County Industrial Development Agency Profit and Loss December 2021
6510.6 Taxes/SDC 968.27 6510.7 WPCP Marketing 25,379.43 6511 WPCP Closing Costs 14,042.00 Total 6510 White Pine Commerce Park 40,389.70 Total 6500 Agency Program Expenses 40,389.70
6605.2 PILOT Expense 32,764.80 Total 6605 Pilot & Pass Thru Expenses 32,764.80 Total 6600 Non-Operating Expenses 32,764.80 Total Expenses $444,618.69 NET OPERATING INCOME $271,182.33 NET INCOME $271,182.33 page17 Accrual Basis Thursday, January 13, 2022 04:03 PM GMT-05:00 2/2 Onondaga County Industrial Development Agency Balance Sheet As of December 31, 2021
Current Assets Bank Accounts 200 Cash 0.00 200.1 Cash - M & T Checking 2,092,084.51 200.2 Cash - M & T Money Maker Savings 890,410.30 200.4 Destiny USA Restricted Cash -8,957.82 210 Petty Cash 50.00 Total 200 Cash 2,973,586.99 Total Bank Accounts $2,973,586.99 Accounts Receivable 380 Accounts Rec.
380.6 A/R Fees, Lease & PILOT 315,334.95 Total 380 Accounts Rec. 315,334.95 Total Accounts Receivable $315,334.95 Other Current Assets 391 Long Tern Receivable 222,024.00 Total Other Current Assets $222,024.00 Total Current Assets $3,510,945.94 page18 Accrual Basis Thursday, January 13, 2022 04:04 PM GMT-05:00 1/3 Onondaga County Industrial Development Agency Balance Sheet As of December 31, 2021
Fixed Assets
101 White Pines Commerce Park 6,105,401.50
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 7,912,146.03 106 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 9,168,491.53
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 $9,090,311.53 Other Assets 240 Blue Sky Redevelopment 1,641.76 Total Other Assets $1,641.76 TOTAL ASSETS $12,602,899.23 page19 Accrual Basis Thursday, January 13, 2022 04:04 PM GMT-05:00 2/3 Onondaga County Industrial Development Agency Balance Sheet As of December 31, 2021
Liabilities Current Liabilities Other Current Liabilities 600 Accounts Payable 0.00 600.1 Due to Related Party - OED 608,048.56 600.205 Exp Pay Prev Period 36,878.07 600.206 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 1,745,780.45 Total 600 Accounts Payable 2,416,299.42
603 PILOT Pass Thru 0.01 604 Other Pass Thrus 74,063.70 Total 601 PILOT and Pass Thru Payable 74,063.71
631.356 Syracuse 14,547.90 Total 631.3 Schools 14,547.90 631.4 Onondaga County 9,723.26 631.5 City of Syracuse 8,493.64 Total 631 Due to Other Governments 32,764.80 Total Other Current Liabilities $2,523,127.93 Total Current Liabilities $2,523,127.93 Total Liabilities $2,523,127.93 Equity 3900 Equity Unreserved 6,735,894.07 3901 Equity-Investment Fixed Assets 2,345,838.63 463 Reserve For Contracts 612,337.99 465 Equity - Unreserved -239,508.99 Net Income 625,209.60 Total Equity $10,079,771.30 TOTAL LIABILITIES AND EQUITY $12,602,899.23 page20 Accrual Basis Thursday, January 13, 2022 04:04 PM GMT-05:00 3/3
PAYMENT OF BILL - SCHEDULE #465 January 18, 2022
1. BARCLAY DAMON LLP* $ 207,535.75 Land Purchase 2. BARCLAY DAMON LLP** $ 607,474.52 Land Purchase 3. BARCLAY DAMON LLP*** $ 250,000.00 Legal Fees WPCP Development 4. BARCLAY DAMON LLP $ 2,452.50 Inv#5153765, General Legal thru November 30, 2021 5. BARCLAY DAMON LLP $ 100,000.00 Legal Fees WPCP Development 6. BOND, SCHOENECK & KING, PLLC $ 690.00 Inv#19895966, BlueRock Legal thru November 30, 2021 7. NEW YORK STATE EDC $ 2,000.00 Inv#12932, 2022 Membership 8. ONONDAGA CIVIC DEVELOPMENT CORP. $ 13,430.74 Inv# 1120 & 1121, 4th Quarter 2021 Rent & Office Machine 9. COMMISSIONER OF FINANCE $ 1,436.56 435 N. Salina & Roth 2022 Taxes 10. BRIAN R. HALL RECEIVER OF TAXES $ 10,785.95 WPCP 2022 Taxes 11. FEDEX $ 46.34 Inv#7-603-41744, Shipping 12. JOHN E. DAVIS**** $ 20,000.00 Land Options 1 page21 Schedule #465 13. BARCLAY DAMON LLP**** $ 91,697.25 Land Purchase 14. BARCLAY DAMON LLP**** $ 766,762.13 Land Purchase TOTAL $ 2,074,311.74 * Ratification of Check dated December 15, 2021 ** Ratification of Check dated December 17, 2021 *** Ratification of Check dated December 21, 2021 **** Ratification of Checks dated January 13, 2022 2 page22
PAYMENT OF BILL - SCHEDULE #465 January 18, 2022 PILOT Payments 1. ONONDAGA COUNTY $ 9,723.26 4th Quarter 2021 COR IH Master PILOT Payment 2. CITY OF SYRACUSE $ 8,493.64 4th Quarter 2021 COR IH Master PILOT Payment 3. SYRACUSE CSD $ 14,547.90 4th Quarter 2021 COR IH Master PILOT Payment TOTAL $ 32,764.80 1 page23
DESCRIPTION TERM CONTRACT PAID OUTSTANDING ONONDAGA COUNTY OED 2021 1-1-21-12-31-21 $1,008,000.00 $608,048.56 $399,951.44 333 W. WASHINGTON ST 2021 RENT 1-1-21-12-31-21 $65,000.00 $56,080.10 $8,919.90 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 BARCLAY DAMON WPCP OPTIONS 11/30/20-12-31-21 $200,000.00 $200,000.00 $0.00 $2,098,000.00 $1,485,662.01 $612,337.99
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 page24 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 page25
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 page26 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 page27 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 page28 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 page29
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 page30 ☐ (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 page31 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 page32
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 page33
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 page34 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 page35 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 page36
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 page37
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 page38
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 page39 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 page40
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 page41
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 page42
* 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 page43
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 page44
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 page45
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 page46 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 page47 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 page48 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 page49 .
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 page50 • 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 page51 • 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 page52 • 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 page53 • 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 page54 • www.cvegroup.com/en page55 page56 page57 page58 page59 page60 page61 page62 page63 page64 page65 page66 page67 page68 page69 page70 page71 page72 page73 page74 page75 page76 page77 page78 page79 page80 page81 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 page82
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 page83 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 page84 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 page85 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 page86
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 page87 ☐ (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 page88 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 page89
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 page90
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 page91 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 page92 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 page93
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 page94
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 page95
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 page96 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 page97
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 page98
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 EI5 Manlius East 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 EI5 Manlius East 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: 8109 East Seneca Turnpike City: Manlius State: NY Zip: 13104 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 page99
* 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.
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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 EI5 Manlius East, LLC Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: _________________________________ Date: ______________
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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 EI5 Manlius East, LLC Signature of Officer or Authorized Representative: _________________________________ Name & Title of Officer or Authorized Representative: _________________________________ Date: ______________
Onondaga County Industrial Development Agency Page 19 page102
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 EI5 Manlius East, 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.
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