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315.435.3770 • ECONOMICDEVELOPMENT@ONGOV.NET Regular Meeting Agenda June 13, 2024 8:30AM Call to Order the Regular Meeting of the Agency A. Approval of Minutes: May 9, 2024 B. Treasurer’s Report C. Payment of Bills D. Conflict of Interest Action Items:
1. NexGen Power Systems, Inc. (3101-18-01A) Terminating Project and Evaluating Recapture of Benefits Agency Action Requested:
a. A resolution of the Board evaluating the recapture of benefits and terminating a Project with NexGen Power Systems, Inc. and directing execution of termination documents with respect thereto.
Representative: Robert Petrovich, Executive Director
UR-Ban Villages PFA, LLC is requesting a release of a portion of the Land from the Agency’s leasehold interest in the property located at 100 Buckley Road in the Town of Salina.
Agency Action Requested a. A resolution of the Board authorizing a release of a portion of the Agency’s leasehold interest in the Project Facility.
Representative: Robert Petrovich, Executive Director
315.435.3770 • ECONOMICDEVELOPMENT@ONGOV.NET Regular Meeting Agenda June 13, 2024 8:30AM Call to Order the Regular Meeting of the Agency A. Approval of Minutes: May 9, 2024 B. Treasurer’s Report C. Payment of Bills D. Conflict of Interest Action Items:
1. NexGen Power Systems, Inc. (3101-18-01A) Terminating Project and Evaluating Recapture of Benefits Agency Action Requested:
a. A resolution of the Board evaluating the recapture of benefits and terminating a Project with NexGen Power Systems, Inc. and directing execution of termination documents with respect thereto.
Representative: Robert Petrovich, Executive Director
UR-Ban Villages PFA, LLC is requesting a release of a portion of the Land from the Agency’s leasehold interest in the property located at 100 Buckley Road in the Town of Salina.
Agency Action Requested a. A resolution of the Board authorizing a release of a portion of the Agency’s leasehold interest in the Project Facility.
Representative: Robert Petrovich, Executive Director
Agency Action Requested:
a. A resolution of the Board increasing the contract with ABC Creative Marketing Group in an amount not to exceed $70,000 for public relations/marketing services for OCIDA to communicate the Agency’s objectives.
Representative: Robert Petrovich, Executive Director
Agency Action Requested:
a. A resolution of the Board authorizing and directing Agency staff and counsel to take various actions pursuant to the Eminent Domain Procedure Law for the potential acquisition of lands and easement rights in support of the development of the White Pine Commerce Park.
Representative: Jeffrey W. Davis, Agency Counsel
III, Inc. (3101-15-14A) Request for execution and delivery of lender document in connection with a financing extension.
Agency Action Requested:
a. A resolution of the Board authorizing execution and delivery of lender documents. Representative: Amanda Fitzgerald, Agency Counsel Adjourn Regular Meeting Minutes May 9, 2024 Agency Action Requested:
a. A resolution of the Board increasing the contract with ABC Creative Marketing Group in an amount not to exceed $70,000 for public relations/marketing services for OCIDA to communicate the Agency’s objectives.
Representative: Robert Petrovich, Executive Director
Agency Action Requested:
a. A resolution of the Board authorizing and directing Agency staff and counsel to take various actions pursuant to the Eminent Domain Procedure Law for the potential acquisition of lands and easement rights in support of the development of the White Pine Commerce Park.
Representative: Jeffrey W. Davis, Agency Counsel
III, Inc. (3101-15-14A) Request for execution and delivery of lender document in connection with a financing extension.
Agency Action Requested:
a. A resolution of the Board authorizing execution and delivery of lender documents. Representative: Amanda Fitzgerald, Agency Counsel Adjourn Regular Meeting Minutes May 9, 2024 A regular meeting of the Onondaga County Industrial Development Agency was held on Thursday, May 9, 2024, 335 Montgomery Street, Floor 2M, Syracuse, New York.
Pat Hogan called the meeting to order at 8:30 AM with the following:
PRESENT:
Patrick Hogan Susan Stanczyk Janice Herzog Fanny Villarreal Cydney Johnson Elizabeth Dreyfuss
ABSENT:
Kevin Ryan
ALSO PRESENT:
Robert M. Petrovich, Executive Director Nathaniel Stevens, Treasurer Alexis Rodriguez, Secretary McKenna Moonan, Office of Economic Development Len Rauch, Office of Economic Development Jeff Davis - Barclay Damon Amanda Fitzgerald - Barclay Damon Leila Dwyer - Barclay Damon Chris Andreucci - Harris Beach Kevin McAuliffe - Barclay Damon Heather Lamendola - Barclay Damon Colby Clark - Old Thompson Road LLC Amy Lawler - Old Thompson Road LLC JonElle Baskin-Kelley - Clinton's Ditch John Anthony Dunn - Clinton's Ditch Noelle Meyer - Clinton's Ditch Rick Moriarty - Syracuse.com A regular meeting of the Onondaga County Industrial Development Agency was held on Thursday, May 9, 2024, 335 Montgomery Street, Floor 2M, Syracuse, New York.
Pat Hogan called the meeting to order at 8:30 AM with the following:
PRESENT:
Patrick Hogan Susan Stanczyk Janice Herzog Fanny Villarreal Cydney Johnson Elizabeth Dreyfuss
ABSENT:
Kevin Ryan
ALSO PRESENT:
Robert M. Petrovich, Executive Director Nathaniel Stevens, Treasurer Alexis Rodriguez, Secretary McKenna Moonan, Office of Economic Development Len Rauch, Office of Economic Development Jeff Davis - Barclay Damon Amanda Fitzgerald - Barclay Damon Leila Dwyer - Barclay Damon Chris Andreucci - Harris Beach Kevin McAuliffe - Barclay Damon Heather Lamendola - Barclay Damon Colby Clark - Old Thompson Road LLC Amy Lawler - Old Thompson Road LLC JonElle Baskin-Kelley - Clinton's Ditch John Anthony Dunn - Clinton's Ditch Noelle Meyer - Clinton's Ditch Rick Moriarty - Syracuse.com
Upon motion by Cydney Johnson, seconded by Elizabeth Dreyfuss, the OCIDA Board approved the regular meeting minutes of April 11, 2024. Motion was carried.
TREASURER’S REPORT Nate Stevens gave a brief overview of the Treasurer’s Report for the month of April 2024. Upon motion by Janice Herzog, seconded by Susan Stanczyk, the OCIDA Board approved the Treasurer’s Report for the month of April 2024. Motion was carried.
Upon motion by Cydney Johnson, seconded by Elizabeth Dreyfuss, the OCIDA Board approved the regular meeting minutes of April 11, 2024. Motion was carried.
TREASURER’S REPORT Nate Stevens gave a brief overview of the Treasurer’s Report for the month of April 2024. Upon motion by Janice Herzog, seconded by Susan Stanczyk, the OCIDA Board approved the Treasurer’s Report for the month of April 2024. Motion was carried.
Nate Stevens gave a brief review of Payment of Bills.
Upon motion by Janice Herzog, seconded by Fanny Villarreal, the OCIDA Board approved the Payment of Bills. Motion was carried.
Nate Stevens gave a brief review of Payment of Bills.
Upon motion by Janice Herzog, seconded by Fanny Villarreal, the OCIDA Board approved the Payment of Bills. Motion was carried.
The Conflict of Interest was circulated and there were no conflicts.
The Conflict of Interest was circulated and there were no conflicts.
1. Project Termination and Recapture of Benefits for Immediate Mailing Services, Inc. and 245 Commerce LLC (3101-21-15B): Robert Petrovich explained why this motion was being put forward as a result of the applicant not moving forward with the project. Termination of the benefits package and recapture of outstanding $3,600 was put forth. The applicant is aware and in agreeance of repayment of said recapture of the mortgage recording tax exemption. Pat Hogan read the Agency Action Requested: A resolution of the Board recapturing benefits and terminating a Project with Immediate Mailing Services, Inc. and 245 Commerce LLC and directing execution of termination documents
with respect thereto. A motion was made by Janice Herzog and seconded by Fanny
Villarreal. Motion passed unanimously.
1. Project Termination and Recapture of Benefits for Immediate Mailing Services, Inc. and 245 Commerce LLC (3101-21-15B): Robert Petrovich explained why this motion was being put forward as a result of the applicant not moving forward with the project. Termination of the benefits package and recapture of outstanding $3,600 was put forth. The applicant is aware and in agreeance of repayment of said recapture of the mortgage recording tax exemption. Pat Hogan read the Agency Action Requested: A resolution of the Board recapturing benefits and terminating a Project with Immediate Mailing Services, Inc. and 245 Commerce LLC and directing execution of termination documents
with respect thereto. A motion was made by Janice Herzog and seconded by Fanny
Villarreal. Motion passed unanimously.
2. Clinton’s Ditch Co-Operative, Inc. (3101-24-03A): John Dunn, General Manager of Clinton’s Ditch, gave a brief overview and the history of his company. A question was posed about the environmental issues stated on the application referring to the NYS D.E.C. permitting. Wetland mitigation is in the works, whether that be on-site or off-site is still unknown to Mr. Dunn. Pat Hogan read the Agency Action Requested: Clinton's Ditch Co-Operative Company, Inc, is proposing to expand their existing 274,000 SF facility in the Town of Cicero by adding approximately 100,000 SF. The addition will include a two-story office space, a chemical storage area and a small waste treatment building. The company is also proposing to construct a new 19,520 SF truck repair facility to support their fleet of tractors and trailers. Pat Hogan read the Agency Action requested. A resolution of the Board authorizing a public hearing regarding the requests for exemptions from certain sales and use taxes, real property taxes, real estate transfer
taxes, and mortgage recording taxes. A motion was made by Susan Stanczyk and
seconded by Janice Herzog. Motion passed unanimously.
2. Clinton’s Ditch Co-Operative, Inc. (3101-24-03A): John Dunn, General Manager of Clinton’s Ditch, gave a brief overview and the history of his company. A question was posed about the environmental issues stated on the application referring to the NYS D.E.C. permitting. Wetland mitigation is in the works, whether that be on-site or off-site is still unknown to Mr. Dunn. Pat Hogan read the Agency Action Requested: Clinton's Ditch Co-Operative Company, Inc, is proposing to expand their existing 274,000 SF facility in the Town of Cicero by adding approximately 100,000 SF. The addition will include a two-story office space, a chemical storage area and a small waste treatment building. The company is also proposing to construct a new 19,520 SF truck repair facility to support their fleet of tractors and trailers. Pat Hogan read the Agency Action requested. A resolution of the Board authorizing a public hearing regarding the requests for exemptions from certain sales and use taxes, real property taxes, real estate transfer
taxes, and mortgage recording taxes. A motion was made by Susan Stanczyk and
seconded by Janice Herzog. Motion passed unanimously.
3. Old Thompson Road, LLC (3101-24-04C): Pat Hogan introduced the proposal by the
applicant. Robert Petrovich added that Kevin McAuliffe of Barclay Damon is representing the applicant, Chris Andreucci of Harris Beach was acknowledged as OCIDA counsel. Mr. McAuliffe gave a brief overview of the applicant and past projects which was followed by an introduction of Colby Clark. Mr. Clark gave an introduction to Feldmeier Equipment as well as a history of the company. Mr. Clark then explained past projects of the company and ended by stating that Syracuse is home. Pat Hogan asked Nate Stevens to give an overview of the PILOT. Nate Stevens described how the existing and requested PILOTs will interact. Pat Hogan read the Agency Action Requested: A resolution of the Board describing the proposed project and the financial assistance the Agency may provide and authorizing a public hearing for the project. The financial assistance requested includes (i) a partial exemption from the additional property taxes that would otherwise be due but for the Agency’s involvement in the Project and (ii) an
exemption from sales and use tax and mortgage recording tax. A motion was made by
Susan Stanczyk and seconded by Fanny Villarreal. Motion passed unanimously.
Motion to adjourn made by Susan Stanczyk and seconded by Fanny Villarreal at 8:48am.
3. Old Thompson Road, LLC (3101-24-04C): Pat Hogan introduced the proposal by the
applicant. Robert Petrovich added that Kevin McAuliffe of Barclay Damon is representing the applicant, Chris Andreucci of Harris Beach was acknowledged as OCIDA counsel. Mr. McAuliffe gave a brief overview of the applicant and past projects which was followed by an introduction of Colby Clark. Mr. Clark gave an introduction to Feldmeier Equipment as well as a history of the company. Mr. Clark then explained past projects of the company and ended by stating that Syracuse is home. Pat Hogan asked Nate Stevens to give an overview of the PILOT. Nate Stevens described how the existing and requested PILOTs will interact. Pat Hogan read the Agency Action Requested: A resolution of the Board describing the proposed project and the financial assistance the Agency may provide and authorizing a public hearing for the project. The financial assistance requested includes (i) a partial exemption from the additional property taxes that would otherwise be due but for the Agency’s involvement in the Project and (ii) an
exemption from sales and use tax and mortgage recording tax. A motion was made by
Susan Stanczyk and seconded by Fanny Villarreal. Motion passed unanimously.
Motion to adjourn made by Susan Stanczyk and seconded by Fanny Villarreal at 8:48am.
Alexis Rodriguez, Secretary May 31, 2024 Revenue / Expense / Income Current Period Current YTD Operating/Non-Op Revenue 1,694,793 2,406,263 Administrative Expense 36,493 222,654 Operating/Program Expense 29,373 270,732 Net Ordinary Income 1,628,927 1,912,878 Current Assets Current YTD Prior YTD Total Cash 7,094,139 6,958,899 Less Pass Through Received 360,241 1,514,443 Available Cash 6,733,898 5,444,456 Receivables 1,755,303 425,967 Total 8,489,202 5,870,423 Onondaga County Industrial Development Agency Profit and Loss May 2024 Alexis Rodriguez, Secretary May 31, 2024 Revenue / Expense / Income Current Period Current YTD Operating/Non-Op Revenue 1,694,793 2,406,263 Administrative Expense 36,493 222,654 Operating/Program Expense 29,373 270,732 Net Ordinary Income 1,628,927 1,912,878 Current Assets Current YTD Prior YTD Total Cash 7,094,139 6,958,899 Less Pass Through Received 360,241 1,514,443 Available Cash 6,733,898 5,444,456 Receivables 1,755,303 425,967 Total 8,489,202 5,870,423 Onondaga County Industrial Development Agency Profit and Loss May 2024
Income
2116.1 Agency Fees 1,533,081.18 2116.2 Application Fees 1,000.00 2116.3 WPCP Agency Fee 111,111.11 Total 2116 Fees 1,645,192.29 Total 500 Operating Revenue 1,645,192.29 501 Non-Operating Revenue 8,907.82 2401 Interest Income 25,692.81 501.2 Other Non-Operating Revenue 15,000.00 Total 501 Non-Operating Revenue 49,600.63
528.003 OHB Redev LLC Funds Pass Thru 24,536.68 529 PILOT Income 58,217.09 Total 534 Pilot & Pass Thru Revenue 82,753.77 550 WPCP Pass Thru Revenue 306,565.66 Total Income $2,084,112.35 GROSS PROFIT $2,084,112.35 Expenses
6406.50 Consulting Services 3,000.00 Total 6406 Other Professional Services 3,000.00 6407 Administrative Expense 36,492.65 6408 Meeting Expenses 199.96 6409 Conference Attendence 357.99 6410 Office Expense 1,795.43 Total 6400 Operating Expense 41,846.03
6460 IDA General Legal 3,776.31 Total 6450 Barclay Damon 3,776.31 Total 6440 Legal Fees 3,776.31
6510.7 WPCP Marketing 18,113.62 Total 6510 White Pine Commerce Park 18,113.62 Total 6500 Agency Program Expenses 18,113.62
Income
2116.1 Agency Fees 1,533,081.18 2116.2 Application Fees 1,000.00 2116.3 WPCP Agency Fee 111,111.11 Total 2116 Fees 1,645,192.29 Total 500 Operating Revenue 1,645,192.29 501 Non-Operating Revenue 8,907.82 2401 Interest Income 25,692.81 501.2 Other Non-Operating Revenue 15,000.00 Total 501 Non-Operating Revenue 49,600.63
528.003 OHB Redev LLC Funds Pass Thru 24,536.68 529 PILOT Income 58,217.09 Total 534 Pilot & Pass Thru Revenue 82,753.77 550 WPCP Pass Thru Revenue 306,565.66 Total Income $2,084,112.35 GROSS PROFIT $2,084,112.35 Expenses
6406.50 Consulting Services 3,000.00 Total 6406 Other Professional Services 3,000.00 6407 Administrative Expense 36,492.65 6408 Meeting Expenses 199.96 6409 Conference Attendence 357.99 6410 Office Expense 1,795.43 Total 6400 Operating Expense 41,846.03
6460 IDA General Legal 3,776.31 Total 6450 Barclay Damon 3,776.31 Total 6440 Legal Fees 3,776.31
6510.7 WPCP Marketing 18,113.62 Total 6510 White Pine Commerce Park 18,113.62 Total 6500 Agency Program Expenses 18,113.62 Accrual Basis Thursday, June 6, 2024 12:53 PM GMT-04:00 1/2 Onondaga County Industrial Development Agency Profit and Loss May 2024
6514.1 Legal 77.50 6514.2 Engineering 1,052.50 6514.3 Property Maintenance 1,000.00 Total 6514 White Pine Science & Technology Park 2,130.00
6605.2 PILOT Expense 66,184.56 6606 OHB Redev LLC Funds Pass Thru 24,536.68 Total 6605 Pilot & Pass Thru Expenses 90,721.24 Total 6600 Non-Operating Expenses 90,721.24
6610.1 Barclay Damon 177,777.78 6610.2 JMT 128,787.88 Total 6610 WPCP Pass Thru Expenses 306,565.66 Total Expenses $463,152.86 NET OPERATING INCOME $1,620,959.49 NET INCOME $1,620,959.49 Accrual Basis Thursday, June 6, 2024 12:53 PM GMT-04:00 1/2 Onondaga County Industrial Development Agency Profit and Loss May 2024
6514.1 Legal 77.50 6514.2 Engineering 1,052.50 6514.3 Property Maintenance 1,000.00 Total 6514 White Pine Science & Technology Park 2,130.00
6605.2 PILOT Expense 66,184.56 6606 OHB Redev LLC Funds Pass Thru 24,536.68 Total 6605 Pilot & Pass Thru Expenses 90,721.24 Total 6600 Non-Operating Expenses 90,721.24
6610.1 Barclay Damon 177,777.78 6610.2 JMT 128,787.88 Total 6610 WPCP Pass Thru Expenses 306,565.66 Total Expenses $463,152.86 NET OPERATING INCOME $1,620,959.49 NET INCOME $1,620,959.49 Accrual Basis Thursday, June 6, 2024 12:53 PM GMT-04:00 2/2 Onondaga County Industrial Development Agency Balance Sheet As of May 31, 2024
Current Assets Bank Accounts 200 Cash 0.00 200.1 Cash - M & T Checking 5,836,332.99 200.2 Cash - M & T Money Maker Savings 1,957,192.41 Total 200 Cash 7,793,525.40 Total Bank Accounts $7,793,525.40 Accounts Receivable 380 Accounts Rec.
380.6 A/R Fees, Lease & PILOT 2,482,691.33 Total 380 Accounts Rec. 2,482,691.33 Total Accounts Receivable $2,482,691.33 Other Current Assets
480.4 Credit Balance on Card -650.00 Total 480 Prepaid Expenses -650.00 Total Other Current Assets $ -650.00 Total Current Assets $10,275,566.73 Fixed Assets
101 White Pines Commerce Park 0.00 101.3 Engineering Services 16,190.00 101.4 Environmental/Demo Services 110.00 Total 101.3 Engineering Services 16,300.00 101.6 WPCP Marketing 221.49 Total 101 White Pines Commerce Park 16,521.49 107 800 Hiawatha 604,840.42 108 White Pine Science & Technology Park 2,140,557.00 Total 100 Land 2,761,918.91
104.1 Office Furniture 1,429.00 104.2 Equipment 4,589.00 Total 104 Machinery & Equipment 6,018.00 211 A/D Office Furniture -5,042.00 250 Investment in Real Property 30,756,703.00 Total Fixed Assets $33,519,597.91 Accrual Basis Thursday, June 6, 2024 12:53 PM GMT-04:00 2/2 Onondaga County Industrial Development Agency Balance Sheet As of May 31, 2024
Current Assets Bank Accounts 200 Cash 0.00 200.1 Cash - M & T Checking 5,836,332.99 200.2 Cash - M & T Money Maker Savings 1,957,192.41 Total 200 Cash 7,793,525.40 Total Bank Accounts $7,793,525.40 Accounts Receivable 380 Accounts Rec.
380.6 A/R Fees, Lease & PILOT 2,482,691.33 Total 380 Accounts Rec. 2,482,691.33 Total Accounts Receivable $2,482,691.33 Other Current Assets
480.4 Credit Balance on Card -650.00 Total 480 Prepaid Expenses -650.00 Total Other Current Assets $ -650.00 Total Current Assets $10,275,566.73 Fixed Assets
101 White Pines Commerce Park 0.00 101.3 Engineering Services 16,190.00 101.4 Environmental/Demo Services 110.00 Total 101.3 Engineering Services 16,300.00 101.6 WPCP Marketing 221.49 Total 101 White Pines Commerce Park 16,521.49 107 800 Hiawatha 604,840.42 108 White Pine Science & Technology Park 2,140,557.00 Total 100 Land 2,761,918.91
104.1 Office Furniture 1,429.00 104.2 Equipment 4,589.00 Total 104 Machinery & Equipment 6,018.00 211 A/D Office Furniture -5,042.00 250 Investment in Real Property 30,756,703.00 Total Fixed Assets $33,519,597.91 Accrual Basis Thursday, June 6, 2024 12:52 PM GMT-04:00 1/2 Onondaga County Industrial Development Agency Balance Sheet As of May 31, 2024
Other Assets 240 Blue Sky Redevelopment 1,641.76 Total Other Assets $1,641.76 TOTAL ASSETS $43,796,806.40 Accrual Basis Thursday, June 6, 2024 12:52 PM GMT-04:00 1/2 Onondaga County Industrial Development Agency Balance Sheet As of May 31, 2024
Other Assets 240 Blue Sky Redevelopment 1,641.76 Total Other Assets $1,641.76 TOTAL ASSETS $43,796,806.40
Liabilities Current Liabilities Accounts Payable 300 WPCP Pass Thru Payable 1,082,627.58 Total Accounts Payable $1,082,627.58 Other Current Liabilities 600 Accounts Payable 0.00 600.1 Due to Related Party - OED 222,653.57 600.204 OHB Redev LLC Funds 699,386.34 600.208 BlueRock Energy Agreement Deposit 25,000.00 600.209 Syracuse Rail Overpayment 500.00 600.3 Onondaga County Loan 28,079,656.77 600.31 Accrued Interest - OC Note Payable 1,823,051.00 Total 600.3 Onondaga County Loan 29,902,707.77 Total 600 Accounts Payable 30,850,247.68
603 PILOT Pass Thru -6,834,755.90 Total 601 PILOT and Pass Thru Payable -6,834,755.90
631.155 Skaneateles 0.10 Total 631.1 Towns 0.10 Total 631 Due to Other Governments 0.10 Total Other Current Liabilities $24,015,491.88 Total Current Liabilities $25,098,119.46 Total Liabilities $25,098,119.46 Equity 3900 Equity Unreserved 7,227,937.45 3901 Equity-Investment Fixed Assets 2,345,838.63 463 Reserve For Contracts 368,811.84 465 Equity - Unreserved 4,017.16 Net Income 8,752,081.86 Total Equity $18,698,686.94 TOTAL LIABILITIES AND EQUITY $43,796,806.40
Liabilities Current Liabilities Accounts Payable 300 WPCP Pass Thru Payable 1,082,627.58 Total Accounts Payable $1,082,627.58 Other Current Liabilities 600 Accounts Payable 0.00 600.1 Due to Related Party - OED 222,653.57 600.204 OHB Redev LLC Funds 699,386.34 600.208 BlueRock Energy Agreement Deposit 25,000.00 600.209 Syracuse Rail Overpayment 500.00 600.3 Onondaga County Loan 28,079,656.77 600.31 Accrued Interest - OC Note Payable 1,823,051.00 Total 600.3 Onondaga County Loan 29,902,707.77 Total 600 Accounts Payable 30,850,247.68
603 PILOT Pass Thru -6,834,755.90 Total 601 PILOT and Pass Thru Payable -6,834,755.90
631.155 Skaneateles 0.10 Total 631.1 Towns 0.10 Total 631 Due to Other Governments 0.10 Total Other Current Liabilities $24,015,491.88 Total Current Liabilities $25,098,119.46 Total Liabilities $25,098,119.46 Equity 3900 Equity Unreserved 7,227,937.45 3901 Equity-Investment Fixed Assets 2,345,838.63 463 Reserve For Contracts 368,811.84 465 Equity - Unreserved 4,017.16 Net Income 8,752,081.86 Total Equity $18,698,686.94 TOTAL LIABILITIES AND EQUITY $43,796,806.40 Accrual Basis Thursday, June 6, 2024 12:52 PM GMT-04:00 2/2 Accrual Basis Thursday, June 6, 2024 12:52 PM GMT-04:00 2/2
PAYMENT OF BILLS - SCHEDULE #494 June 13, 2024
PAYMENT OF BILLS - SCHEDULE #494 June 13, 2024
1. GROSSMAN ST. AMOUR CPA'S PLLC $ 15,000.00
2. ONONDAGA COUNTY $ 3,600.00 IMS Mortgage Recording Taxes 3. BARCLAY DAMON LLP $ 4,262.00 Legal fees for Lot 27 4. BARCLAY DAMON LLP $ 29,185.36 OHB Redev, Inv#5286663 5. BARCLAY DAMON LLP $ 874.36 Retained Corporate & Public Finance Matters, Inv#5285696 6. BARCLAY DAMON LLP $ 177,777.78 May 2024 Legal Costs 7. JMT OF NEW YORK, INC. $ 128,787.88 May 2024 Engineering Costs 8. GORICK CONSTRUCTION CO., INC. $ 53,675.00 Demoliton Costs 9. LOVELL AND ASSOCIATES, LLC $ 3,000.00 May 2024 Consulting 10. DRYDEN MUTUAL INSURANCE CO. $ 1,614.19 Insurance Premium 11. ROBERT PETROVICH $ 106.40 NYSEDC Conference Mileage 12. NATE STEVENS $ 130.76 NYSEDC Conference Mileage 13. ALEXIS RODRIGUEZ $ 130.76 NYSEDC Conference Mileage
1. GROSSMAN ST. AMOUR CPA'S PLLC $ 15,000.00
2. ONONDAGA COUNTY $ 3,600.00 IMS Mortgage Recording Taxes 3. BARCLAY DAMON LLP $ 4,262.00 Legal fees for Lot 27 4. BARCLAY DAMON LLP $ 29,185.36 OHB Redev, Inv#5286663 5. BARCLAY DAMON LLP $ 874.36 Retained Corporate & Public Finance Matters, Inv#5285696 6. BARCLAY DAMON LLP $ 177,777.78 May 2024 Legal Costs 7. JMT OF NEW YORK, INC. $ 128,787.88 May 2024 Engineering Costs 8. GORICK CONSTRUCTION CO., INC. $ 53,675.00 Demoliton Costs 9. LOVELL AND ASSOCIATES, LLC $ 3,000.00 May 2024 Consulting 10. DRYDEN MUTUAL INSURANCE CO. $ 1,614.19 Insurance Premium 11. ROBERT PETROVICH $ 106.40 NYSEDC Conference Mileage 12. NATE STEVENS $ 130.76 NYSEDC Conference Mileage 13. ALEXIS RODRIGUEZ $ 130.76 NYSEDC Conference Mileage 14. MCKENNA MOONAN $ 134.76 NYSEDC Conference Mileage 15. LEN RAUCH $ 209.48 Albany Meeting Mileage 16. MICRON TECHNOLOGY, INC. $ 90.88 Reimbursement TOTAL $ 418,579.61 14. MCKENNA MOONAN $ 134.76 NYSEDC Conference Mileage 15. LEN RAUCH $ 209.48 Albany Meeting Mileage 16. MICRON TECHNOLOGY, INC. $ 90.88 Reimbursement TOTAL $ 418,579.61
PAYMENT OF BILLS - SCHEDULE #494 June 13, 2024 PILOT Payments 1. ONONDAGA COUNTY* $ 8,397.02 Finger Lakes Railway 2024 PILOT Payment 2. TOWN OF CAMILLUS* $ 5,985.32 Finger Lakes Railway 2024 PILOT Payment 3. VILLAGE OF CAMILLUS* $ 1,035.09 Finger Lakes Railway 2024 PILOT Payment 4. TOWN OF ELBRIDGE* $ 2,438.65 Finger Lakes Railway 2024 PILOT Payment 5. TOWN OF GEDDES* $ 81.13 Finger Lakes Railway 2024 PILOT Payment 6. VILLAGE OF SOLVAY* $ 648.47 Finger Lakes Railway 2024 PILOT Payment 7. WEST GENESEE CSD* $ 14,537.87 Finger Lakes Railway 2024 PILOT Payment 8. SOLVAY UNION FREE SCHOOL DISTRICT* $ 4,139.80 Finger Lakes Railway 2024 PILOT Payment 9. JORDAN-ELBRIDGE CSD* $ 20,644.74 Finger Lakes Railway 2024 PILOT Payment 10. MARCELLUS CSD* $ 309.00 Finger Lakes Railway 2024 PILOT Payment
PAYMENT OF BILLS - SCHEDULE #494 June 13, 2024 PILOT Payments 1. ONONDAGA COUNTY* $ 8,397.02 Finger Lakes Railway 2024 PILOT Payment 2. TOWN OF CAMILLUS* $ 5,985.32 Finger Lakes Railway 2024 PILOT Payment 3. VILLAGE OF CAMILLUS* $ 1,035.09 Finger Lakes Railway 2024 PILOT Payment 4. TOWN OF ELBRIDGE* $ 2,438.65 Finger Lakes Railway 2024 PILOT Payment 5. TOWN OF GEDDES* $ 81.13 Finger Lakes Railway 2024 PILOT Payment 6. VILLAGE OF SOLVAY* $ 648.47 Finger Lakes Railway 2024 PILOT Payment 7. WEST GENESEE CSD* $ 14,537.87 Finger Lakes Railway 2024 PILOT Payment 8. SOLVAY UNION FREE SCHOOL DISTRICT* $ 4,139.80 Finger Lakes Railway 2024 PILOT Payment 9. JORDAN-ELBRIDGE CSD* $ 20,644.74 Finger Lakes Railway 2024 PILOT Payment 10. MARCELLUS CSD* $ 309.00 Finger Lakes Railway 2024 PILOT Payment 11. ONONDAGA COUNTY** $ 2,788.61 COR Inner Harbor Sub Project 1 1st Q 2024 PILOT Payment 12. SYRACUSE CITY SCHOOL DISTRICT** $ 3,107.32 COR Inner Harbor Sub Project 1 1st Q 2024 PILOT Payment 13. CITY OF SYRACUSE** $ 2,071.54 COR Inner Harbor Sub Project 1 1st Q 2024 PILOT Payment TOTAL $ 66,184.56 *Ratification of checks dated May 28, 2024 **Ratification of checks dated May 29, 2024 11. ONONDAGA COUNTY** $ 2,788.61 COR Inner Harbor Sub Project 1 1st Q 2024 PILOT Payment 12. SYRACUSE CITY SCHOOL DISTRICT** $ 3,107.32 COR Inner Harbor Sub Project 1 1st Q 2024 PILOT Payment 13. CITY OF SYRACUSE** $ 2,071.54 COR Inner Harbor Sub Project 1 1st Q 2024 PILOT Payment TOTAL $ 66,184.56 *Ratification of checks dated May 28, 2024 **Ratification of checks dated May 29, 2024
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. In accordance with Section 224-a(8)(d) of Article 8 of the New York Labor Law, the Agency has identified that any “financial assistance” (within the meaning of Section 858 of the General Municipal Law) granted by the Agency to the Applicant consisting of sales and use tax exemption benefits, mortgage recording tax exemption benefits and real property tax exemption benefits, constitutes “public funds” within the meaning of Section 224-a(2)(b) of Article 8 of the New York Labor Law and such funds are not excluded under Section 224-a(3) of Article 8 of the New York Labor Law. The Agency hereby notifies the
Applicant of the Applicant’s obligations under Section 224-a (8)(a) of Article 8 of the New York Labor Law.
3. If the OCIDA Board approves benefits, it is the company’s responsibility to obtain and submit all necessary forms and documents.
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. In accordance with Section 224-a(8)(d) of Article 8 of the New York Labor Law, the Agency has identified that any “financial assistance” (within the meaning of Section 858 of the General Municipal Law) granted by the Agency to the Applicant consisting of sales and use tax exemption benefits, mortgage recording tax exemption benefits and real property tax exemption benefits, constitutes “public funds” within the meaning of Section 224-a(2)(b) of Article 8 of the New York Labor Law and such funds are not excluded under Section 224-a(3) of Article 8 of the New York Labor Law. The Agency hereby notifies the
Applicant of the Applicant’s obligations under Section 224-a (8)(a) of Article 8 of the New York Labor Law.
3. If the OCIDA Board approves benefits, it is the company’s responsibility to obtain and submit all necessary forms and documents.
4. All projects approved for benefits by the OCIDA Board will close with the Agency within 6-months of the OCIDA Board approval date. If this schedule cannot be met, the Applicant will need to submit a closing schedule modification written request to the Executive Director that will be presented to OCIDA Board for consideration.
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 https://extapps.dec.ny.gov/docs/permits_ej_operations_pdf/feafpart1.pdf 6. Public Officers Law stipulates all records in the possession of the Agency (with certain limited exceptions) are open to public inspection and reproduction. Should the Applicant believe there are project elements which are trade secrets if publicly disclosed or otherwise widely disseminated, would cause substantial injury to the Applicant’s competitive position, the 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 Agency may also redact personal, private, and/or proprietary information from publicly disseminated documents.
4. All projects approved for benefits by the OCIDA Board will close with the Agency within 6-months of the OCIDA Board approval date. If this schedule cannot be met, the Applicant will need to submit a closing schedule modification written request to the Executive Director that will be presented to OCIDA Board for consideration.
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 https://extapps.dec.ny.gov/docs/permits_ej_operations_pdf/feafpart1.pdf 6. Public Officers Law stipulates all records in the possession of the Agency (with certain limited exceptions) are open to public inspection and reproduction. Should the Applicant believe there are project elements which are trade secrets if publicly disclosed or otherwise widely disseminated, would cause substantial injury to the Applicant’s competitive position, the 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 Agency may also redact personal, private, and/or proprietary information from publicly disseminated documents.
7. The completed Application and associated fees MUST be received 10 business days prior to the upcoming OCIDA Board meeting in order to be placed on the agenda. A signed application may be submitted by mail, fax or electronically in PDF format to Nate Stevens at natestevens@ongov.net. 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 This Application was adopted by the OCIDA Board on February 15, 2024.
Onondaga County Industrial Development Agency Page 1 Return completed application to:
Onondaga County Industrial Development Agency
Phone: 315-435-3770 | Fax: 315-435-3669 natestevens@ongov.net
Submittal Date: _____________ July 14, 2023 AMENDED AND RESTATED JUNE 10, 2024 A) Applicant/Project Operator information (company receiving benefits):
1. Applicant/Project Operator: __________________________________________________ Micron New York Semiconductor Manufacturing LLC 7. The completed Application and associated fees MUST be received 10 business days prior to the upcoming OCIDA Board meeting in order to be placed on the agenda. A signed application may be submitted by mail, fax or electronically in PDF format to Nate Stevens at natestevens@ongov.net. 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 This Application was adopted by the OCIDA Board on February 15, 2024.
Onondaga County Industrial Development Agency Page 1 Return completed application to:
Onondaga County Industrial Development Agency
Phone: 315-435-3770 | Fax: 315-435-3669 natestevens@ongov.net
Submittal Date: _____________ July 14, 2023 AMENDED AND RESTATED JUNE 10, 2024 A) Applicant/Project Operator information (company receiving benefits):
1. Applicant/Project Operator: __________________________________________________ Micron New York Semiconductor Manufacturing LLC
Applicant/Project Operator Address: _______________________________________ 8000 S. Federal Way, Boise, ID 83716 __________ Phone: __________________________ 208-368-4000 Fax: ________________________ 208-368-4617 __________ Website: ___________________________ www.micron.com Email: _____________________ aeberlin@micron.com ____________ Federal ID#: ________________________ 92-0692507 NAICS: ________________________________
State of Incorporation: ____________________________________________________________ Delaware See link for your NYS incorporation information. https://apps.dos.ny.gov/publicInquiry 2. Owner (if different from Applicant/Project Operator): ____________________________ N/A
Applicant/Project Operator Address: _______________________________________ 8000 S. Federal Way, Boise, ID 83716 __________ Phone: __________________________ 208-368-4000 Fax: ________________________ 208-368-4617 __________ Website: ___________________________ www.micron.com Email: _____________________ aeberlin@micron.com ____________ Federal ID#: ________________________ 92-0692507 NAICS: ________________________________
State of Incorporation: ____________________________________________________________ Delaware See link for your NYS incorporation information. https://apps.dos.ny.gov/publicInquiry 2. Owner (if different from Applicant/Project Operator): ____________________________ N/A Owner Address: __________________________________________________________ Federal ID#: ______________________________________________________________ State of Incorporation: ______________________________________________________ List of stockholders, members, or partners of Owner: ____________________________ _ B) Applicant Business Organization (check appropriate category):
☐ Corporation ☐ Partnership ☐ Public Corporation ☐ Joint Venture ☐ Sole Proprietorship ✔ Limited Liability Company ☐ ☐ Other, explain List all stockholders, members, or partners with % of ownership greater than 5%: Name % of ownership ___________________________________ Micron Technology, Inc. _________________________________ 100% ___________________________________ _________________________________ ___________________________________ _________________________________ ___________________________________ _________________________________ Onondaga County Industrial Development Agency Page 2 Owner Address: __________________________________________________________ Federal ID#: ______________________________________________________________ State of Incorporation: ______________________________________________________ List of stockholders, members, or partners of Owner: ____________________________ _ B) Applicant Business Organization (check appropriate category):
☐ Corporation ☐ Partnership ☐ Public Corporation ☐ Joint Venture ☐ Sole Proprietorship ✔ Limited Liability Company ☐ ☐ Other, explain List all stockholders, members, or partners with % of ownership greater than 5%: Name % of ownership ___________________________________ Micron Technology, Inc. _________________________________ 100% ___________________________________ _________________________________ ___________________________________ _________________________________ ___________________________________ _________________________________ Onondaga County Industrial Development Agency Page 2 C) Applicant Business Description: See attached: US Sales Projections Narrative Estimated % of sales within Onondaga County: _________________________________ Estimated % of sales outside Onondaga County but within New York State: ___________ Estimated % of sales outside New York State but within the U.S.: __________________ Estimated % of sales outside the U.S.: (*Percentage to equal 100%) ________________
Applicant /Owner History: 1. Is the Owner and/or Applicant or any manager or owner of the Owner and/or Applicant now a ✔ No ☐ Yes, explain plaintiff or defendant in any civil or criminal litigation? ☐ 2. Has any owner of manager of the Owner and/or Applicant listed above ever been convicted of a ✔ No ☐ Yes, explain criminal offense (other than a minor traffic violation)? ☐ 3. Has any person listed in Section I ever been in receivership or declared bankruptcy? ☐✔ No ☐ Yes, explain D) Has the Applicant/Owner received assistance from Onondaga County Industrial Development Agency (OCIDA, Syracuse Industrial Development Agency (SIDA), New York State or the Onondaga Civic Development Corporation (OCDC) in the past?
✔ ☐No ☐ Yes, explain (Provide year, project name, benefit description, amounts, address) E) Individual Completing Application:
C) Applicant Business Description: See attached: US Sales Projections Narrative Estimated % of sales within Onondaga County: _________________________________ Estimated % of sales outside Onondaga County but within New York State: ___________ Estimated % of sales outside New York State but within the U.S.: __________________ Estimated % of sales outside the U.S.: (*Percentage to equal 100%) ________________
Applicant /Owner History: 1. Is the Owner and/or Applicant or any manager or owner of the Owner and/or Applicant now a ✔ No ☐ Yes, explain plaintiff or defendant in any civil or criminal litigation? ☐ 2. Has any owner of manager of the Owner and/or Applicant listed above ever been convicted of a ✔ No ☐ Yes, explain criminal offense (other than a minor traffic violation)? ☐ 3. Has any person listed in Section I ever been in receivership or declared bankruptcy? ☐✔ No ☐ Yes, explain D) Has the Applicant/Owner received assistance from Onondaga County Industrial Development Agency (OCIDA, Syracuse Industrial Development Agency (SIDA), New York State or the Onondaga Civic Development Corporation (OCDC) in the past?
✔ ☐No ☐ Yes, explain (Provide year, project name, benefit description, amounts, address) E) Individual Completing Application:
Name: Scott Gatzemeier Title: _______________________________ CVP, Front End US Expansion Address: 8000 S. Federal Way, PO Box 6, Boise, ID 83707 Phone: ______________________________
Cell Phone: None E-mail:______________________________ sngatzemeier@micron.com F) Company Contact (if different from individual completing application):
Name: Anna Eberlin Title: ____________________________ Senior Assistant General Counsel Address: 8000 S. Federal Way, PO Box 6, Boise, ID 83707 Phone: ___________________________
Cell Phone: None Email: ___________________________ aeberlin@micron.com Onondaga County Industrial Development Agency Page 3 G) Company Counsel:
Name of Attorney: _____________________________________________________________ John P. Sidd Name: Scott Gatzemeier Title: _______________________________ CVP, Front End US Expansion Address: 8000 S. Federal Way, PO Box 6, Boise, ID 83707 Phone: ______________________________
Cell Phone: None E-mail:______________________________ sngatzemeier@micron.com F) Company Contact (if different from individual completing application):
Name: Anna Eberlin Title: ____________________________ Senior Assistant General Counsel Address: 8000 S. Federal Way, PO Box 6, Boise, ID 83707 Phone: ___________________________
Cell Phone: None Email: ___________________________ aeberlin@micron.com Onondaga County Industrial Development Agency Page 3 G) Company Counsel:
Name of Attorney: _____________________________________________________________ John P. Sidd Firm Name: __________________________________________________________________ Hancock Estabrook LLP Address: _____________________________________________________________________
Phone: ______________________________________________________________________
Cell Phone: ___________________________________________________________________ None Email: _______________________________________________________________________ jsidd@hancocklaw.com Onondaga County Industrial Development Agency Page 4
A) Project Location is where the investment will take place. If Applicant is moving, the new
location should be entered here and the current location should be in Section I. Address: White Pine Commerce Park Legal Address (if different): 5171 NYS Route 31 City: N/A Town: _______________Village: Clay N/A Firm Name: __________________________________________________________________ Hancock Estabrook LLP Address: _____________________________________________________________________
Phone: ______________________________________________________________________
Cell Phone: ___________________________________________________________________ None Email: _______________________________________________________________________ jsidd@hancocklaw.com Onondaga County Industrial Development Agency Page 4
A) Project Location is where the investment will take place. If Applicant is moving, the new
location should be entered here and the current location should be in Section I. Address: White Pine Commerce Park Legal Address (if different): 5171 NYS Route 31 City: N/A Town: _______________Village: Clay N/A Zip Code: 13041 School District: North Syracuse Central School District Tax Map Parcel ID(s): See Attached Town of Clay Tax Map Parcel ID List & Preliminary Site Plan Full Market Value: _______________ $30M Square Footage of Existing Building(s):_______________ All existing buildings to be removed by OCIDA in 2023 B) Project Activity (Check all that apply):
✔ New construction ☐ ☐ Acquisition of existing facility ☐ Expansion to current facilities ☐ Brownfield/Remediated Brownfield ☐ Renovation of existing facility ☐ Demolition and construction ✔ Purchase of machinery/equipment ☐ C) Select Project Type or Project End Use at site (you may check more than one): ✔ Manufacturing ☐ ☐ Mixed Use ☐ Retail (see Section V) ☐ Facility of Aging ☐ Housing Project (see Section VII) ☐ Distribution/Wholesale ☐ Civic Facility (not for profit) ☐ Commercial ✔ Industrial ☐ ☐ Renewable Energy Project (see Section VI) ☐ Other, explain Zip Code: 13041 School District: North Syracuse Central School District Tax Map Parcel ID(s): See Attached Town of Clay Tax Map Parcel ID List & Preliminary Site Plan Full Market Value: _______________ $30M Square Footage of Existing Building(s):_______________ All existing buildings to be removed by OCIDA in 2023 B) Project Activity (Check all that apply):
✔ New construction ☐ ☐ Acquisition of existing facility ☐ Expansion to current facilities ☐ Brownfield/Remediated Brownfield ☐ Renovation of existing facility ☐ Demolition and construction ✔ Purchase of machinery/equipment ☐ C) Select Project Type or Project End Use at site (you may check more than one): ✔ Manufacturing ☐ ☐ Mixed Use ☐ Retail (see Section V) ☐ Facility of Aging ☐ Housing Project (see Section VII) ☐ Distribution/Wholesale ☐ Civic Facility (not for profit) ☐ Commercial ✔ Industrial ☐ ☐ Renewable Energy Project (see Section VI) ☐ Other, explain D) Project Narrative: Please check one of the two boxes below and attach statement. ✔ A statement that the Project described in this application would not be undertaken but for ☐ the financial assistance provided by the Agency. Please see attached Project Narrative ☐ If the Project is going to advance regardless of any financial assistance from the Agency, please provide a statement indicating why the project should be considered by the Agency for any financial assistance.
Onondaga County Industrial Development Agency Page 5 E) Description of Project: Please attach a detailed narrative of the proposed Project. Please attached copies of site plans, sketches or maps. This narrative should include, but is not limited to:
✔ (i) a description of your Company’s background, customers, goods and services and the ☐ principal products to be produced and/or the principal activities that will occur on the Project site;
✔ (ii) the size of the Project in square feet and a breakdown of square footage per each ☐ intended use;
✔ (iii) the size of the lot upon which the Project sits or is to be constructed; ☐ D) Project Narrative: Please check one of the two boxes below and attach statement. ✔ A statement that the Project described in this application would not be undertaken but for ☐ the financial assistance provided by the Agency. Please see attached Project Narrative ☐ If the Project is going to advance regardless of any financial assistance from the Agency, please provide a statement indicating why the project should be considered by the Agency for any financial assistance.
Onondaga County Industrial Development Agency Page 5 E) Description of Project: Please attach a detailed narrative of the proposed Project. Please attached copies of site plans, sketches or maps. This narrative should include, but is not limited to:
✔ (i) a description of your Company’s background, customers, goods and services and the ☐ principal products to be produced and/or the principal activities that will occur on the Project site;
✔ (ii) the size of the Project in square feet and a breakdown of square footage per each ☐ intended use;
✔ (iii) the size of the lot upon which the Project sits or is to be constructed; ☐ ✔ (iv) the current use of the site and the intended use of the site upon completion of the ☐ Project;
✔ (v) describe your method for site control (Own, lease, other).
☐ F) 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?
☐✔ No ☐ Yes G) Please describe any compelling circumstances the Agency should be aware of while reviewing this application. Please see attached Project Narrative H) Local Approvals (Site Plan and Environmental Review) Have site plans been submitted to the appropriate town or local planning department? ☐✔ No. When will the plans be submitted? _____☐ 1/31/2025 Yes, what is the status?______ Has the project received site plan approval from the town or local planning board? ☐✔ No, anticipated approval date. _____ 2/28/2025 ☐Yes, date ______ 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.) ✔ (iv) the current use of the site and the intended use of the site upon completion of the ☐ Project;
✔ (v) describe your method for site control (Own, lease, other).
☐ F) 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?
☐✔ No ☐ Yes G) Please describe any compelling circumstances the Agency should be aware of while reviewing this application. Please see attached Project Narrative H) Local Approvals (Site Plan and Environmental Review) Have site plans been submitted to the appropriate town or local planning department? ☐✔ No. When will the plans be submitted? _____☐ 1/31/2025 Yes, what is the status?______ Has the project received site plan approval from the town or local planning board? ☐✔ No, anticipated approval date. _____ 2/28/2025 ☐Yes, date ______ 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: https://extapps.dec.ny.gov/docs/permits_ej_operations_pdf/feafpart1.pdf b. Has Lead Agency been established? ☐ ✔ No ☐ Yes, name of Lead Agency __________________ c. Have any environmental issues been identified on the property?
☐ No ☐ ✔ Yes, explain Please see attached Environmental Review Information Explanation Onondaga County Industrial Development Agency Page 6
A) Project Costs and Finances Description of Costs Total Budget Amount Land Acquisition TBD Site Work/Demo TBD Building Construction & Renovation TBD Furniture & Fixtures TBD Equipment TBD Project Soft Cost Management/Developer Total Project Cost Fees project TBD
a. Please attach the appropriate Environmental Impact Forms to your application. Here is a link to the SEQR forms: https://extapps.dec.ny.gov/docs/permits_ej_operations_pdf/feafpart1.pdf b. Has Lead Agency been established? ☐ ✔ No ☐ Yes, name of Lead Agency __________________ c. Have any environmental issues been identified on the property?
☐ No ☐ ✔ Yes, explain Please see attached Environmental Review Information Explanation Onondaga County Industrial Development Agency Page 6
A) Project Costs and Finances Description of Costs Total Budget Amount Land Acquisition TBD Site Work/Demo TBD Building Construction & Renovation TBD Furniture & Fixtures TBD Equipment TBD Project Soft Cost Management/Developer Total Project Cost Fees project TBD cost Management/Developer Fees projecthave Please costdocumentation available upon request. Do not include OCIDA fees, OCIDA application fees or OCIDA legal fees as part of the Total Project Cost.
Sources of Funds for Project Costs:
1. Bank Financing $__________________
2. Equity $__________________
3. Tax Exempt Bond Issuance (if applicable) $__________________ 0 4. Taxable Bond Issuance (if applicable) $__________________ 0 5. Total Sources of Funds for Project Costs $__________________
grants and tax credits) $__________________
cost Management/Developer Fees projecthave Please costdocumentation available upon request. Do not include OCIDA fees, OCIDA application fees or OCIDA legal fees as part of the Total Project Cost.
Sources of Funds for Project Costs:
1. Bank Financing $__________________
2. Equity $__________________
3. Tax Exempt Bond Issuance (if applicable) $__________________ 0 4. Taxable Bond Issuance (if applicable) $__________________ 0 5. Total Sources of Funds for Project Costs $__________________
grants and tax credits) $__________________
-Identify each state and federal grant/credit:
__________________________________ United States CHIPS and Science Act $__________________
__________________________________ Investment Tax Credit $__________________
__________________________________ State and Local Incentives $__________________
State and Local Incentives include Green CHIPS only Onondaga County Industrial Development Agency Page 23 of 50 Page 7 B) Employment and Payroll Information Full Time Equivalent (FTE) is defined as one employee working no less than 35 hours per week or two or more employees together working a total of 35 hours per week.
☐✔ No ☐ Yes, provide number of FTE jobs at the project site ___________ If you are relocating, are all employees moving to new site? ☐ No, explain ☐ Yes
-Identify each state and federal grant/credit:
__________________________________ United States CHIPS and Science Act $__________________
__________________________________ Investment Tax Credit $__________________
__________________________________ State and Local Incentives $__________________
State and Local Incentives include Green CHIPS only Onondaga County Industrial Development Agency Page 23 of 50 Page 7 B) Employment and Payroll Information Full Time Equivalent (FTE) is defined as one employee working no less than 35 hours per week or two or more employees together working a total of 35 hours per week.
☐✔ No ☐ Yes, provide number of FTE jobs at the project site ___________ If you are relocating, are all employees moving to new site? ☐ No, explain ☐ Yes
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: 4200 Estimate the average length of construction jobs to be created (months): 24 Current annual payroll including the benefit cost: 0 Average salary amount that is an employee benefit (%): 33% Average annual growth salary/wage rate (%) 3% 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:
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: 4200 Estimate the average length of construction jobs to be created (months): 24 Current annual payroll including the benefit cost: 0 Average salary amount that is an employee benefit (%): 33% Average annual growth salary/wage rate (%) 3% 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:
C) New Employment Benefits Complete the following chart indicating the number of FTE jobs currently employed by the
Applicant, FTE jobs currently 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. Onondaga County Industrial Development Agency Page 24 of 50 Page 8 Please use this chart to illustrate the current employment:
Job Title/Category Current Annual Pay Current Employment (FTE) N/A N/A N/A Please use this chart to illustrate the projected employment growth:
Job Title/Category Projected FTE Jobs FTE Jobs FTE Jobs FTE Jobs FTE Jobs Annual Pay Created Created Created Created Created Year 1 Year 2 Year 3 Year 4 Year 5 Management & Executives 166,000 134 21 31 Engineers 94,800 588 91 138 C) New Employment Benefits Complete the following chart indicating the number of FTE jobs currently employed by the
Applicant, FTE jobs currently 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. Onondaga County Industrial Development Agency Page 24 of 50 Page 8 Please use this chart to illustrate the current employment:
Job Title/Category Current Annual Pay Current Employment (FTE) N/A N/A N/A Please use this chart to illustrate the projected employment growth:
Job Title/Category Projected FTE Jobs FTE Jobs FTE Jobs FTE Jobs FTE Jobs Annual Pay Created Created Created Created Created Year 1 Year 2 Year 3 Year 4 Year 5 Management & Executives 166,000 134 21 31 Engineers 94,800 588 91 138 Technicians 68,600 481 74 114 Manufacturing Support 154,759 134 21 31 D) Financial Assistance sought:
☐✔ Real Property Tax Abatement (PILOT): Agency Staff will provide draft and final PILOT schedule: _____________________ ☐ Mortgage Recording Tax Exemption (.75% of mortgage): _____________________ N/A ✔ Sales and Use Tax Exemption (4% Local, 4% State): _________________________ ☐ $1,760,000,000.00 ☐ Tax Exempt Bond Financing (Amount Requested): ___________________________ N/A ☐ Taxable Bond Financing (Amount Requested): N/A Onondaga County Industrial Development Agency Page 25 of 50 Page 9 E) 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): $ N/A Technicians 68,600 481 74 114 Manufacturing Support 154,759 134 21 31 D) Financial Assistance sought:
☐✔ Real Property Tax Abatement (PILOT): Agency Staff will provide draft and final PILOT schedule: _____________________ ☐ Mortgage Recording Tax Exemption (.75% of mortgage): _____________________ N/A ✔ Sales and Use Tax Exemption (4% Local, 4% State): _________________________ ☐ $1,760,000,000.00 ☐ Tax Exempt Bond Financing (Amount Requested): ___________________________ N/A ☐ Taxable Bond Financing (Amount Requested): N/A Onondaga County Industrial Development Agency Page 25 of 50 Page 9 E) 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): $ N/A Estimated Mortgage Recording Tax Exemption Benefit (product of mortgage amount as indicated above, multiplied by .0075): $ N/A F) 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: $_____________
Estimated State and local Sales and Use Tax Benefit (product of 8% multiplied by the figure, above): $_____________
Onondaga County Industrial Development Agency Page 26 of 50 Page 10
This section of the Application will be: (i) completed by Agency 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 Estimated Mortgage Recording Tax Exemption Benefit (product of mortgage amount as indicated above, multiplied by .0075): $ N/A F) 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: $_____________
Estimated State and local Sales and Use Tax Benefit (product of 8% multiplied by the figure, above): $_____________
Onondaga County Industrial Development Agency Page 26 of 50 Page 10
This section of the Application will be: (i) completed by Agency 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 County Local School Full Tax PILOT Total Exemption PILOT PILOT PILOT Payment Net Exemption Year 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 27 of 50 Page 11 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 County Local School Full Tax PILOT Total Exemption PILOT PILOT PILOT Payment Net Exemption Year 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 27 of 50 Page 11
For Retail Retail Projects Only Only Tax 1. Will the cost of the retail portion of the Project exceed one-third of the total project cost?
☐ Yes ☐ No If yes, please answer, questions 2, 3 and/or 4 below.
If yes, please explain how much the project will exceed one-third of the total project cost.
2. Is the Project located in a distressed area? A distressed area is a census tract that has a) A poverty rate of at 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 If yes, please provide the data and explain.
3. Is the Project likely to attract a significant number of visitors from outside of the economic development region?
☐ Yes ☐ No If yes, please provide a third party market study.
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 If yes, please answer, questions 2, 3 and/or 4 below.
If yes, please explain how much the project will exceed one-third of the total project cost.
2. Is the Project located in a distressed area? A distressed area is a census tract that has a) A poverty rate of at 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 If yes, please provide the data and explain.
3. Is the Project likely to attract a significant number of visitors from outside of the economic development region?
☐ Yes ☐ No If yes, please provide a third party market study.
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 If yes, please provide data and explain.
Onondaga County Industrial Development Agency Page 28 of 50 Page 12 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 If yes, please provide data and explain.
Onondaga County Industrial Development Agency Page 28 of 50 Page 12
Please answer all the questions as an addendum to this application: 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, and village where the Project is located?
☐ Yes, please provide copy of the letter.
☐ 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 of the letter.
☐ No
☐ Yes ☐ No, have you reached out to the town assessor to discuss a subdivision or slash parcel? Explain:
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 answer all the questions as an addendum to this application: 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, and village where the Project is located?
☐ Yes, please provide copy of the letter.
☐ 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 of the letter.
☐ No
☐ Yes ☐ No, have you reached out to the town assessor to discuss a subdivision or slash parcel? Explain:
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 GUIDANCE & BEST PRACTICE Onondaga County Industrial Development Agency Page 29 of 50 Page 13 OCIDA Solar PILOTs Guidance and Best Practice OCIDA SOLAR PILOTs GUIDANCE AND BEST PRACTICE To be placed on the Agency meeting agenda, proposed solar projects must provide the Agency with the following in advance of the Project’s first OCIDA Board meeting:
*PLEASE SEE FOLLOWING PAGE FOR OCIDA SOLAR GUIDANCE & BEST PRACTICE Onondaga County Industrial Development Agency Page 29 of 50 Page 13 OCIDA Solar PILOTs Guidance and Best Practice OCIDA SOLAR PILOTs GUIDANCE AND BEST PRACTICE To be placed on the Agency meeting agenda, proposed solar projects must provide the Agency with the following in advance of the Project’s first OCIDA Board meeting:
1. Fully completed OCIDA application.
2. Copy of Environmental Assessment Form.
3. A SEQR resolution approved by a local municipality indicating the municipality that is 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 than entire parcel then see 5 above.
7. A supporting document from the local town, village, city, and/or school district outlining the agreed upon cost per megawatt to be used as a basis for the PILOT. The Agency cannot create the PILOT schedule without this information.
8. Absent a showing otherwise by the Company, deemed acceptable by the Agency in the sole and absolute discretion, the Company must close with the Agency on a project prior to consideration of any requested organizational structure or project entity ownership changes. 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 Agency approval process. Agency staff are available to update these two documents as needed.
1. Fully completed OCIDA application.
2. Copy of Environmental Assessment Form.
3. A SEQR resolution approved by a local municipality indicating the municipality that is 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 than entire parcel then see 5 above.
7. A supporting document from the local town, village, city, and/or school district outlining the agreed upon cost per megawatt to be used as a basis for the PILOT. The Agency cannot create the PILOT schedule without this information.
8. Absent a showing otherwise by the Company, deemed acceptable by the Agency in the sole and absolute discretion, the Company must close with the Agency on a project prior to consideration of any requested organizational structure or project entity ownership changes. 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 Agency approval process. Agency staff are available to update these two documents as needed.
Onondaga County Industrial Development Agency Page 30 of 50 Page 14 Onondaga County Industrial Development Agency Page 30 of 50 Page 14
Please answer all the questions as an addendum to this application:
Defined terms:
“Market Rate Housing”: Housing units priced at the current rental rate for the area. “Workforce Housing”: Housing consisting of a specified percentage of units (at least 10-15% per the PILOT Exemption Scale) with rent rates designated to an 80% household AMI as identified in the Workforce Housing AMI chart located on the Agency’s website: (Housing Exhibit A) Income levels for individuals living in the specified Workforce Housing units shall not exceed 120% AMI.
“Senior Lifestyle Communities”: Housing communities for individuals 55 years or older. Communities may offer a variety of amenities, including but not limited to pools, community rooms, fitness centers, playgrounds, firepits, bocce/pickleball/tennis courts, picnic areas, spaces for relaxation and entertainment, safety amenities, on-site medical services, entertainment and dining, walkability, bike trails, and dog parks, playgrounds.
Please answer all the questions as an addendum to this application:
Defined terms:
“Market Rate Housing”: Housing units priced at the current rental rate for the area. “Workforce Housing”: Housing consisting of a specified percentage of units (at least 10-15% per the PILOT Exemption Scale) with rent rates designated to an 80% household AMI as identified in the Workforce Housing AMI chart located on the Agency’s website: (Housing Exhibit A) Income levels for individuals living in the specified Workforce Housing units shall not exceed 120% AMI.
“Senior Lifestyle Communities”: Housing communities for individuals 55 years or older. Communities may offer a variety of amenities, including but not limited to pools, community rooms, fitness centers, playgrounds, firepits, bocce/pickleball/tennis courts, picnic areas, spaces for relaxation and entertainment, safety amenities, on-site medical services, entertainment and dining, walkability, bike trails, and dog parks, playgrounds. 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. {Section II (D)} 2. Describe how the proposed housing project fulfills an unmet need in the community. 3. Please provide a market study documenting a need for the proposed project. 4. Describe how the proposed project aligns with the Plan Onondaga County comprehensive plan. (Plan Onondaga) 5. Is the Project considered infill in a populated area? If yes, please explain. 6. Is there additional infrastructure necessary to service the project? If yes, please explain. 7. Is the project a part of a larger mixed-use development? If yes, please describe. Please refer to the Housing Exhibit A (Housing Exhibit A) Onondaga County Industrial Development Agency Page 31 of 50 Page 15
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. {Section II (D)} 2. Describe how the proposed housing project fulfills an unmet need in the community. 3. Please provide a market study documenting a need for the proposed project. 4. Describe how the proposed project aligns with the Plan Onondaga County comprehensive plan. (Plan Onondaga) 5. Is the Project considered infill in a populated area? If yes, please explain. 6. Is there additional infrastructure necessary to service the project? If yes, please explain. 7. Is the project a part of a larger mixed-use development? If yes, please describe. Please refer to the Housing Exhibit A (Housing Exhibit A) Onondaga County Industrial Development Agency Page 31 of 50 Page 15
* Minimum Fee to be applied to all project receiving OCIDA benefits is 1% of the Total Project Cost (TPC) ACTIVITY FEES COMMENTS Non- refundable Application Fee (All projects $1,000 except Solar Projects) Due at time of application Non-refundable Application Fee (Solar $10,000 Projects Only) Legal Deposit (All projects except Solar $2,500 Due at time of Projects) application Legal Deposit (Solar Projects Only) $5,000 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 X .0125) 4. Bond refinancing .0025 X TPC (total X .015) * Minimum Fee to be applied to all project receiving OCIDA benefits is 1% of the Total Project Cost (TPC) ACTIVITY FEES COMMENTS Non- refundable Application Fee (All projects $1,000 except Solar Projects) Due at time of application Non-refundable Application Fee (Solar $10,000 Projects Only) Legal Deposit (All projects except Solar $2,500 Due at time of Projects) application Legal Deposit (Solar Projects Only) $5,000 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 X .0125) 4. Bond refinancing .0025 X TPC (total X .015) Projects that exceed $250,000,000 in Total Project Cost and/or create in excess of 500 new jobs, may be eligible to negotiate a non- TBD based on Executive Director Due at closing standard Agency fee with the Executive determination Director.
Agency Legal Fees Due at closing Fee for first $20 million .0025 X of the project cost or bond amount ..
Fee for expenses above $20 million .00125 X of project cost or bond amount Amendment or Modification of IDA documents, including but not limited to name $2500 All Projects (except Solar or organization change, refinancing, etc. Project) Due at time of Consent to the amendment or modification of $4500 Solar Projects Request IDA documents prior to closing on the project Attorney fees determined by shall be given at OCIDA’s sole and absolute OCIDA Legal Representative. discretion.
Projects that exceed $250,000,000 in Total Project Cost and/or create in excess of 500 new jobs, may be eligible to negotiate a non- TBD based on Executive Director Due at closing standard Agency fee with the Executive determination Director.
Agency Legal Fees Due at closing Fee for first $20 million .0025 X of the project cost or bond amount ..
Fee for expenses above $20 million .00125 X of project cost or bond amount Amendment or Modification of IDA documents, including but not limited to name $2500 All Projects (except Solar or organization change, refinancing, etc. Project) Due at time of Consent to the amendment or modification of $4500 Solar Projects Request IDA documents prior to closing on the project Attorney fees determined by shall be given at OCIDA’s sole and absolute OCIDA Legal Representative. discretion.
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 33 of 50 Page 17
If there are two applicants (Real Estate Holding and Operating Company) both need to complete this page.
Scott Gatzemeier (Name of CEO or other authorized representative of
Applicant)(s) confirms and says that he/she is the ____________________ CVP Front End US Expansion (title) of ____________________ Micron New York Semiconductor Manufacturing 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:
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 33 of 50 Page 17
If there are two applicants (Real Estate Holding and Operating Company) both need to complete this page.
Scott Gatzemeier (Name of CEO or other authorized representative of
Applicant)(s) confirms and says that he/she is the ____________________ CVP Front End US Expansion (title) of ____________________ Micron New York Semiconductor Manufacturing 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. 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. For additional information on NYS sales and use tax see here.
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. 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. For additional information on NYS sales and use tax see here.
C. 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.
D. 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 Project closing documents. Please see this page for ST-340 form required in the above referenced employment report.
Onondaga County Industrial Development Agency Page 36 of 50 Page 20 C. 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.
D. 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 Project closing documents. Please see this page for ST-340 form required in the above referenced employment report.
Onondaga County Industrial Development Agency Page 36 of 50 Page 20 E. Housing Reports and Information: The Applicant understands and agrees that if the Project is a housing project, the Applicant shall file with the Agency, at least annually or as otherwise required by the Agency, reports regarding the number of revenue-generating units constructed or reconstructed and the household income or tenant age, as applicable. Upon request of the Agency, the Applicant shall provide supporting documentation for all housing related information provided. Failure to provide such reports and supporting information shall be an event of default under the Project closing documents F. Prevailing Wage: The Applicant understands and agrees that, if the Project receives any financial assistance from the Agency, the Applicant shall determine whether the Project is a “covered project” pursuant to Section 224-a of Article 8 of the New York Labor Law and, if applicable, the Applicant shall comply with Section 224-a of Article 8 of the New York Labor Law; and the Applicant further covenants that the Applicant shall provide such evidence of the foregoing as requested by the Agency.
E. Housing Reports and Information: The Applicant understands and agrees that if the Project is a housing project, the Applicant shall file with the Agency, at least annually or as otherwise required by the Agency, reports regarding the number of revenue-generating units constructed or reconstructed and the household income or tenant age, as applicable. Upon request of the Agency, the Applicant shall provide supporting documentation for all housing related information provided. Failure to provide such reports and supporting information shall be an event of default under the Project closing documents F. Prevailing Wage: The Applicant understands and agrees that, if the Project receives any financial assistance from the Agency, the Applicant shall determine whether the Project is a “covered project” pursuant to Section 224-a of Article 8 of the New York Labor Law and, if applicable, the Applicant shall comply with Section 224-a of Article 8 of the New York Labor Law; and the Applicant further covenants that the Applicant shall provide such evidence of the foregoing as requested by the Agency.
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. 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.
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:
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. 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.
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 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. § 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 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. J. 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.
Onondaga County Industrial Development Agency Page 37 of 50 Page 21 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.
K. The Agency has the right to request and inspect supporting documentation regarding attestations made on this application.
J. 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.
Onondaga County Industrial Development Agency Page 37 of 50 Page 21 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.
K. The Agency has the right to request and inspect supporting documentation regarding attestations made on this application.
L. 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, reconstruction, equipping 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. L. 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, reconstruction, equipping 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 38 of 50 Page 22 Micron New York Semiconductor Manufacturing LL Name of Applicant Company:
Signature of Officer or Authorized Representative: SA 7 Name & Title of Officer or Authorized Representative: Scott Gatzemeier: CVP, Front End US Expansion Date: June /I, 2024 Onondaga County Industrial Development Agency Page 38 of 50 Page 22 Micron New York Semiconductor Manufacturing LL Name of Applicant Company:
Signature of Officer or Authorized Representative: SA 7 Name & Title of Officer or Authorized Representative: Scott Gatzemeier: CVP, Front End US Expansion Date: June /I, 2024
COUNTY OF ADA ) ss.; Scott Gatzemeier , being first duly sworn, deposes and says: I am the CVP, Front End US Expansio (Corporate Officer) of Micron New York Semiconductor Manufactunng L
(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 Subscribed and affirmed to me under penalties of perjury py if, ,. day of_, 20.74 _. x
COUNTY OF ADA ) ss.; Scott Gatzemeier , being first duly sworn, deposes and says: I am the CVP, Front End US Expansio (Corporate Officer) of Micron New York Semiconductor Manufactunng L
(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 Subscribed and affirmed to me under penalties of perjury py if, ,. day of_, 20.74 _. x
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