A206 Gmail - Fwd: My statement that will be going out on a county GOP press release. ¥ 1 Gmail William Napier ‘wd: My statement that will be going out on a county GOP press release. message 'ustin Roj Fri, Mar 18, 2016 at 1:43 PM 0: williamwnapier@gmail.com Forwarded message -- From: "Bill Reich" Date: Mar 18, 2016 1:39 PM ‘Subject: My statement that will be going out on a county GOP press release. ‘To: "CHERYL LORIA-DINOLFO" , "Justin Roj" , "Mike Molinari" Co: “The Town of Irondequoit is a beautiful place filled with good people, but it comes as no surprise that ‘Adam Bello is abandoning them all so soon. Bello burdened Irondequoit residents with the highest Property tax rate in Monroe County, his solution to Medley Centre was nothing more than a band-aid ~a sale to another developer while the taxpayers are still holding their breath for restitution. Additionally, financial woes are already apparent as I-Square Is failing, and his greatest accomplishment to-date is cutting the ribbon on a library his predecessor built. Monroe County residents are once again on the losing end of Governor Cuomo’s political maneuvering; we deserve more than a career politician who couldn't deliver for Irondequoit and certainly won't deliver for Monroe County. We hope that Bello isn’t trying to use this appointment as a stepping stone for County Executive, We need someone who is actually interested In serving as Monroe County Clerk." ‘fol google com/maliwO/Pi-2aik=ed69TT2e8&vlew=pt&qafromS:3Ajustine}%40gnal comfqs-nieRsarch-query hI S38ad2i1dd234b8Qsiml=t538.. 1/1Forwarded message - From: Justin Ro] Date: Friday, March 18, 2016 ‘Subject: My statement that will be going out on a county GOP press release. To: Bill Reilich Co: Cheryl Dinolfo , Mike Molinari Great job. All the high notes. (On Mar 18, 2016 1:39 PM, ‘Bill Relich" wrote: “The Town of Irondequoit is a beautiful place filled with good people, but it comes as no surprise | that Adam Bello Is abandoning them all so soon. Bello burdened Irondequoit residents with the highest property tax rate in Monroe County, his solution to Medley Centre was nothing more than a band-ald - a sale to another developer while the taxpayers are still holding their breath for | restitution. Additionally, financial woes are already apparent as I-Square is failing, and his | greatest accomplishment to-date Is cutting the ribbon on a library his predecessor built. Monroe County residents are once again on the losing end of Governor Cuomo’s political maneuvering; we deserve more than a career politician who couldn’t deliver for Irondequoit and certainly won't | deliver for Monroe County. We hope that Bello Isn't trying to use this appointment as a stepping | stone for County Executive, We need someone who is actually Interested in serving as Monroe | County Clerk.”From: dustin Ro) ustinoj@gmaiicom Ff Subject: Fad: I Square Date: March 20, 2016 at 937 PM To: Bil lich bilsollcn@gmallcom, chery dnoto cloradneto 8 yahoo. 1, wilarnwnapier gma. com ‘This memo provides additional detail that demenstretes that the Nolans ae n default, COMIDA wil lease ths momo revised tobe «xddressed te Paul Johnson in the meming. Also, Rachel Endress wl be avaliable to explain COMIOAS poston tothe media. ‘The facts remain on our sido, ———— Forwarded message — From: "Rachel Baranalo Endres” Date: Mar 20, 2016 6:17 PM Subject: Square ‘ "in@ anal con" Justin, Please see attached Memorandum regarding |-Square. Please feel free to contact me at any time to discuss (really any time at all). My cell phone is best. My office number is below as well. Thank you Rachel Baranello Endress Attorney HARRIS BEACH PLLC ATTORNEYS AT LAW. {99 Gamsey Road Pittsford, NY 14594 525.418.5800 Main Website | Blo | Add to Contacts practiceGREEN Save atroe, Read, dont it mal ‘Statement of Confidentiality This electronic message may contain privileged or confidential information. f you are not the intended recipient of this ermall, please delete it from your system and advise the sender. fa HeROCH77ie81.u1 Memo te_J..88.000XFrom: Communications @monroecountygov ‘Subject: STATEMENT FROM COMIDA CHAIR THERESA MAZZULLO REGARDING THE STATUS OF SQUARE PILOT ‘AGREEMENT | Dato: March 21,2016 at 10224 AM ‘To: Communications_& Specal_Events'4MONAOE@me rochester ip nyu Ce: VitiamNapier@monroecouniy gor COMADA COUNTY OF MONROE INDUSTRIAL DEVELOPMENT AGENCY Vor Immediate Release Monday March 21,2016 STATEMENT FROM COMIDA CHAIR THERESA MAZZULLO REGARDING THE STATUS OF I- SQUARE PILOT AGREEMENT "The COMIDA Audit Committee has a disciplined process for reviewing every PILOT agreement on a regular basis. ‘The results of this eudit are reported at the COMIDA board meeting annually As itrelates to LSquare, LLC, COMIDA counsel has confirmed that an Event of Default has occurred as it relates to the 22 Building. The memorandum provided states that I-Squaze, LLC is behind on is capital investment forthe projest (see attached ‘memo). We look forward to working with all involved to address tis issue in an appropriate and prompt manner.” Co For media inquires, contact: ‘COMIDA Counsel Rachel Baranello Endress at $85-749-7891, = Confidentiality Notice This email message, including all the ettachments, Is fo the sole use ofthe intended recpient(s) and contsine confidential information. Unauthorized use ot discosure is prohibited If you are not the intended repent, you may net Uso, dscle, copy of isseminate this information. if you ae not the intended recipient, plosse contact the sender immediately by reply mall and destoy sll copies ofthe ongnal message, including attachment, COMADA SOUNTY OF MONROE INDUSTRIAL DEVELOPMENT AGENCY Mondsy, March 2 2016 STATEMENT FROM COMIDA CHAIR THERESA MAZZULLO. REGARDING THE STATUS OF I-SQUARE PILOT AGREEMENT. ‘The COMIDA Autht Committee has 2 disciplined process for reviewing every PILOT agreement on a regular basis. The results of this audit are reported at the COMIDA board meeting annually As it relates to LSquare, LLC, COMIDA counsel has confirmed that an Event of Detauit has occurred as it relates 10 the 2"! Building. The memorandum provided states that 1-Square. LLC Is behind on its capital investment for the project (see attached memo). We look foewatd to working with all involved co address this issue i an appropriate and pronmpt manner” is‘or media inquiries, contact: ‘COMIDA Counsel Rachel Baranelio Endress al 585-749-7891HARRIS BEACH 2 "ATTORNEYS AT LAW MEMORANDUM March 21, 2016 Paul A, Johnson, Acting Executive Director and Theresa B. Mazzullo, Chairwoman FROM: Ravhel Baranello Endres RE: I-Square, LLC - Titus Avenue and Cooper Road, Town of Irondequoit Dear Paul and Theresa, We have reviewed the transaction documents in connection with the above referenced project and specifically the Payment-In-Lieu-ofTax Agreement, dated as of June 1, 2013 (the “PILOT Agreement”). The PILOT Agreement has job creation and capital investment milestone measured from the commencement date of July 1, 2014, ‘The first investment milestone was December 31, 2014 and required a capital investment of $2.4 million. We have documentary evidence showing slightly in excess of $2.5 million in connection with the first milestone, ‘The next investment milestone is December 31, 2017, at which time I-Square, LLC must demonstrate a capital investment of at least $5.5 million. Further, the construction of the second building must be completed by December 31, 2015, An article featuring I-Square appeared in the Democrat and Chronicle, on October 8, 2015, in which it was reported that one (1) new building stood on the site and that this building was the first “[...] in what would eventually be a multi-building town center[...]”. ‘The article made no mention of the construction or existence of a second building. In addition, each January, COMIDA representatives undertake @ comprehensive review of each project to ensure compliance with project documents, namely, payment-in-liev-of-tax agreements. As part of this review, COMIDA representatives determined that I-Square, LLC had not completed construction of the second building as contemplated in I-Square, LLC’s application to COMIDA, the site plan submitted to COMIDA and the project description/milestones included in the PILOT Agreement. The Assessor for the Town of Irondequoit confirmed COMIDA representatives’ finding that construction of the second building had not yet commenced. Further, a COMIDA representative visited the site at 7:00 PM on March 20, 2016. This representative confirmed the information received from the assessor - construction of the second building is not complete. A small, unidentifiable building, currently sits on the parcel where the second building should have been constructed.HARRIS BEACH ¢ ATTORNEYS AT Law MEMORANDUM March 21, 2016 Page 2 In another article, appearing in the Democrat and Chronicle, on March 20, 2016, Mr, Nolan was quoted, stating that “[...] a second building — a facility that will be used for laundry services, waste management, recycling and storage — had indeed been constructed.” This “reoyeling center” is not a component of the project as contemplated in I-Square, LLC's application to COMIDA, the site plan submitted to COMIDA and the project doscription/milestones included in the PILOT Agreement, and, therefore, does not satisfy the second building requirement. According to the site plan, the second building should be a 15,000 square foot 3-story building, The I-story “recycling center” does not meet the foregoing specifications and is not located on the second building parcel and was not before COMIDA when the milestones were established Under the terms of the PILOT Agreement, the failure to construct the second building constitutes an Event of Default, Upon the occurrence and continuance of an Event of Default, COMIDA may take any one or more of the following remedial steps: (a) declare immediately due and payable all unpaid PILOT Payments due under the PILOT Agreement; (b) take any other action it deems necessary to cure any such Event of Default; (¢) take any othet action at Jaw or in equity which may appear necessary or desirable to collect the PILOT Payments due under the PILOT Agreement; and/or (4) terminate the PILOT Agreement. In addition, COMIDA has the right to recapture 100% of real property tax abatements provided under the PILOT Agreement, OF note, the PILOT Agreement is a custom PILOT Agreement under the COMIDA Uniform Tax Exemption Policy which was entered into at the behest of and with support from the Irondequoit Town Board. The Town Board's resolution in support of the project and PILOT. Agreement expressly calls for benchmarks and "... penalties if the specific benchmarks are not met." COMIDA is within its rights to declare this PILOT Agreement in default and to pursue any or all remedies at its discretion.COMIDA COUNTY OF MONROE INDUSTRIAL DEVELOPMENT AGENCY March 28, 2016 Michael Nolan I-Square LLC 85 Excel Drive Rochester, New York 14621 “Re: Second Milestone Dear Mr. Nolan: ‘As you know, the Payment In Lieu of Tax Agreement ("PILOT Agreement"), dated June 1, 2013, included certain Milestone Provisions regarding your I-Square project; Specifically, pursuant to Soction 6 "Milestone Provisions", subparagraph (b), on or before December 31, 2015, the second building must be complete. As part of the application process ‘you submitted a site development plan specifically identifying the seven buildings that were to comprise this project as well as the number of stories and applicable square footage for each building and its location, Building 2 was specifically identified as a 3-story 15,000 square foot building on the Site Developritent Plan. I am sure you can agree that this building was not completed by December 31, 2015. ‘Traditionally, our PILOTs contain capital investment and/or job creation requirements, but do not require a specific timeline for construction of a project. Your PILOT was not one of COMIDA's standard PILOTS but is a custom PILOT which incorporated the Town and School Districts requirements, timelines and benchmarks a3 outlined in their approving resolutions, which were incorporated as exhibits into the PILOT. Should you so instruct us, COMIDA will request that the Town and Schoo! Dist provide confirmation that the recycling building satisfies their requirements as “the second building.” Absent such confirmation, the project will be reviewed through the PILOT Compliance Review process. I have included an outline of that process for your reference, This process offers you an opportunity to provide us with additional documentation, updates to the project and other infomation you would like us to consider as we review compliance with the provisions of your PILOT agreement. As we continue to move forward in this process, it may be prudent forall parties to consider a request for modification to the existing PILOT to more accurately reflect updates since the project was approved in 2013.seezo1e Excell NY Mal- ResFwd: Time Warn Cafe New= Reportar = 0 Theresa Mazzullo =Excell Re:Fwd: Time Warner Cable News Reporter 4 message JRoj@monroecounty.gov ‘Sun, Mar 20, 2016 at 10:33 AM To: Theresa Mazzullo Monday moming. Thanks for the heads up. | appreciate it. Teresa, | will have Paul deal with ‘Sent from IBM Notes Traveler Thoresa Mazzullo ~- Fwd: Time Wamer Cable News Reporter — From: "Theresa Mazzullo" Date: March 19, 2016 at 8:28:07 PM EDT To: "mazzullo@excellny.com" ‘Subject: Time Warner Cable News Reporter Hello Theresa, My name is Tara and I'm a reporter with Time Wamer Cable News. I'm working on a story today regarding |-Square in Irondequoit. Bill Reilich says I-Square owner Mike Nolan has not made his payments on time to COMIDA, nor did he finish the second building in the development on time. | hhave tried to reach out to other board members of COMIDA, but have not heard back. I'm wondering if you might be able to help me out with this information? Nolan says he has not heard at all from COMIDA, but Reilich said he is standing by his word that the business is in “financial woes.” Any help would be very much appreciated! Please press “reply all” when responding. Thank youl!aapo16 Gmai- Fee: Square M Gmail ‘Thomas VanStrydonck Fwd: I-Square 4 message Wed, Mar 30, 2016 at 12:43 PM Justin Roj To: Thomas VanStrydonck : Forwarded message From: Justin Roj Date: Sat, Mar 19, 2016 at 12:38 PM Subject: Re: I-Square To: Jack Moffitt , Michelle Marini , Bill Reilich @ isquare.pat On Mar 19, 2016 12:36 PM, "Justin Roj* wrote: Attached is a memo from COMIDA counsel to me that states plainly that | square is in default on their PILOT agreement. 7 That sald this document should not be released publicly. The media should request the information directly from COMIDA. Which will have a copy of this memo addressed to Paul Johnson, the COMIDA director, available for the media on Monday moming Call me if you need anything else. Justin Roj Mobic a pest! google. comm alivGru=28ik= deodecSdee8 views pts ar ch=inboxSih 15%:85640e060tdadsiml=153-9604ae05tda "HARRIS BEACH # ATTORNEYS AT LAW MEMORANDUM February 17,2016 TO: Justin Roj FROM: Mike Townsend RE: L-Square, LLC - Titus Avenue and Cooper Road, Town of Irondequi Dear Justin: T have gone back and looked at this project, and specifically the PILOT issued in connection therewith dated June 1, 2013. The PILOT has job creation and capital investment milestones measured from the Commencement Date of July 1, 2014. A copy of the PILOT is annexed. The first investment milestone is December 31, 2014 and required a capital investment of $2.4 million, We have documentary evidence showing slightly in excess of $2.5 million in connection with the first milestone, ‘The next investment milestone is December 31, 2017, at which time I-Square must demonstrate an investment of at least $5.5 million. However, the construction of the second building must be completed by December 31, 2015. Additionally, the construction of the third and fourth building must be completed by December 31, 2017. Please note, the construction of the 2 building has not yet commenced, Under the terms of the PILOT Agreement, this constitutes an event of default. Remedies for an event of default include, but are not limited to the right to terminate the PILOT Agreement in its entirety, or, in the alternative, to recoup for the applicable years 100% of the taxes that would have been paid to the Affected Taxing Jurisdictions (County, School District and Town), but for the PILOT. In addition to the investment milestones, the PILOT requires the company to retain 25 jobs throughout the term of the PILOT and by the first anniversary of July 1, 2015, must have created 5 additional jobs, two of which are at least full time. As of the second anniversary date, which would be July 1, 2016, they have to create 6 additional jobs. We will instruct the IDA staff to contact I-Square in the first week of July to verify the job creation numbers have been created and maintained as required. I will also instruct them to calendar the investment milestone of December 31, 2017 to confirm there has been an additional investment totaling $5.5 million and that buildings 3 and 4 have been constructed, If you need any additional information or have any further instructions, please advise at your convenience.HARRIS BEACH 2 ArTorneys ar LAW MEMORANDUM February 17, 2016 Page 2 Once you have had an opportunity to review matter, please advise what, if any, enforcement action you would recommend at this point. MIT:sem AttachmentCOUNTY OF MONROE INDUSTRIAL DEVELOPMENT AGENCY I-SQUARE, LLC PAYMENT-IN-LIEU-OF-TAX AGREEMENT Property located just south of the Intersection of Titus Avenue and Cooper Road in the Town of Irondequoit, Monroe County, New York 076.15-6-26 076.15-6-27 076.15-6-31 076.15-6-23 076.15-6-32 076,15-6-24 076.15-6-43.11 076.15-6-25 Dated as of June 1, 2013 Affected Tax Jurisdictions: ‘Monroe County Town of Irondequoit West Irondequoit School DistrictPAYMENT-IN-LIEU-OF-TAX AGREEMENT. THIS PAYMENT-IN-LIEU-OF-TAX AGREEMENT, dated as of June 1, 2013 (the "PILOT Agreement"), is by and between the COUNTY OF MONROE INDUSTRIAL DEVELOPMENT AGENCY, a public benefit corporation of the State of New York, having its offices at 8100 CityPlace, 50 West Main Street, Rochester, New York 14614 (the "Agency") and I-SQUARE, LLC, a limited liability company formed and existing under the laws of the State of New York, with offices at 85 Excel Drive, Rochester, New York 14621 (the "Company"). WITNESSETH: WHEREAS, the Agency was created by Chapter 55 of the Laws of 1972 of the State of New York pursuant to Title I of Article 18-A of the General Municipal Law of the State of New York (collectively, the "Act") as a body corporate and politic and as a public benefit corporation of the State of New York; and WHEREAS, the Company has submitted an application (the "Application") to the Agency requesting the Agency's assistance with respect to a certain project (the "Project") consisting of: (A) the acquisition by lease, license or otherwise, and interest in various properties located just south of the intersection of Titus Avenue and Cooper Road in the Town of Irondequoit, County of Monroe, New York (the "Land”); (B) the demolition of the existing improvements and the construction on the Land of a new road extension and a mixed-use "Town Center" comprised of seven new buildings totalling over 92,000 square feet of space, consisting of, but not limited to, an art gallery, outdoor amphitheatre stage with room for 400 spectators, a community learning and business conference center, rooftop gardens, retail space, restaurants, office and residential space (collectively, the "Improvements"), and (C) the acquisition and installation therein, thereon or thereabout of various machinery, equipment and related personal property (the "Equipment" and, together with the Land and the Improvements, the "Facility"); and WHEREAS, as contemplated by the Application, effective June 1, 2013, the Agency and the Company entered into a lease agreement whereby the Company leased the Facility to the Agency (the "Lease Agreement") and a related leaseback agreement whereby the Agency leased the Facility back to the Company (the "Leaseback Agreement"); all in contemplation of entering into a PILOT Agreement to assist with the Project; and WHEREAS, the Town of Irondequoit and the West Irondequoit Central School District have confirmed their support for the Project and the PILOT as evidenced by their respective approving resolutions annexed hereto as Exhibit A; and WHEREAS, pursuant to Section 874(1) of the Act, the Agency is exempt from the payment of taxes and assessments imposed upon real property and improvements owned (by lease, license or otherwise) by it, other than special ad valorem levies, special assessments and service charges against real property which are now or may be imposed for special improvements or special district improvements; and‘WHEREAS, the Agency and the Company deem it necessary and proper to enter into.an agreement making provisions for payments in lieu of taxes by the Company to the County of Monroe, the Town of Irondequoit and the West Irondequoit School District (collectively, the "Taxing Jurisdictions"). NOW, THEREFORE, in consideration of the Agency providing the Facility and in consideration of the covenants herein contained, it is mutually agreed as follows: Section1. (@). ‘Tax Abatement Policy. As long as the Facility is leased by the Agency and leased back to the Company, the Company shall pay to the Affected Tax Jurisdictions the Base Amounts described in Schedule 1 attached hereto in lieu of ad valorem real property taxes. Unless directed otherwise by the Town and County, amounts due the Town of Irondequoit and County of Montoe shall be billed by the Town and shall be payable on or prior to the date that taxes would be payable with respect to the Facility if the Facility were on the non-exempt side of the tax rolls; and (6) The Company shall report its compliance with these provisions as requested by the Agency; and (©) The payments required hereunder for any non-compliance shall be paid by the Company to any and all affected taxing jurisdictions whether or not billed. However, if the Company has made a good faith effort to achieve the job creation standard or any Milestone, it may apply in writing for relief from the obligation for repayment of taxes abated, based on a showing of unforeseen economic circumstances, fiscal hardship, or other good cause. Application for relief from the repayment obligation shall be made to the Agency, which shall examine the application and make a determination as it deems appropriate, in its sole discretion, regarding the requested relief; and (@)___ The tax benefits provided for herein shall be deemed to commence as of July 1, 2014 (the "Commencement Date"). In no event shall the Company be entitled to receive tax benefits relative to the Facility for more than twenty-five (25) consecutive years, ‘The Company agrees that it will not seek any tax exemption for the Facility which would provide benefits for more than twenty-five (25) consecutive years. Section2. Special district charges, special assessments, and special ad valorem levies (specifically including but not limited to fire district charges), pure water charges and sewer charges ate to be paid in full in accordance with normal Town or County billing practices, as the case may be. Section 3. The Company hereby waives the right to challenge the assessed value of the Facility during the term hereof, Section 4. To the extent the Facility is declared to be subject to taxation or assessment by an amendment to the Act, other legislative change, or by final judgment of a Courtof competent jurisdiction, the obligations of the Company hereunder shall, to such extent, be null and void. Section5. In the event that the Facility is transferred from the Agency to the Company, and the Company is ineligible for a continued tax exemption under some other tax incentive program, or the exemption is less than that described in Section I{a) herein, the Company agrees to pay, no later than the next tax lien date (plus any applicable grace period) to cach of the Taxing Jurisdictions, an amount equal to the taxes and assessments which would have been levied on the Facility if the Facility had been classified as fully taxable as of the date of transfer or loss of eligibility of all or a portion of the exemption described herein, Notwithstanding anything contained herein to the contrary, in the event that ttle to the Facility, or any portion thereof, is transferred from the Ageney to the Company or any person or entity not otherwise entitled to an exemption from taxation (collectively with the Company, the “"Transferee") such that the Facility, or portion thereof, is subject to immediate assessment and taxation and is taxed pro rata for the unexpired portion of any fiscal year during which said transfer of title to the Transferee occurred pursuant to the provisions of Section 520 of the-New ‘York Real Property Tax Law, any amounts payable or made, as the case may be, pursuant to this, PILOT Agreement by the Company to the respective Taxing Jurisdictions shall be reduced or refunded, as the case may be, in accordance with 10 Op. Off. Real Property Services 87 (1999), by the amount of taxes required to be paid pursuant to such Section 520 with respect to the fiscal year during which said transfer of title to the Transferee occurred. ‘The provisions of the immediately preceding sentence shall survive the termination or expiration of the Lease Agreement and Leaseback Agreement. Section §, Milestones Provisions. The Company covenants to achieve the following, levels of development with respect to the Project ("Milestones"), which levels of development shall be measured by totaling those sums paid or incurred in furtherance of the Project, including without limitation, cost of land acquisition, marketing fees, legal costs, hard costs and "soft costs", from one or more sources (hereinafter collectively referred to as "Investments") and wherein indicated below, constructed in connection with Phases I, If and III of the Project: (@) _ Onor before December 31, 2014 (such date, the "First Milestone Date"), the Company will furnish the Agency with evidence which is reasonably acceptable to the Agency that there has been an Investment of at least Two Million Four Hundred Thousand Dollars ($2,400,000) in the Project (the "First Milestone"); Phase I refers to the construction of building 1 and the extension of Cooper Road to be named Bakers Park; () On or before December 31, 2017 (such date, the "Second Milestone Date"), the Company will fumish the Agency with evidence which is reasonably acceptable to the Agency that there has been an aggregate Investment of at least Five Million Five Hundred Thousand Dollars ($5,500,000) in the Project (including the Investment amount set forth in Section 6(a) above) (the "Second Milestone"), However, the construction of the second building must be completed by December 31, 2015 and the construction of the third and fourth buildings must be completed by December 31, 2017 (collectively, the construction of the second, third and fourth buildings are known as "Phase II"); and © On or before December 31, 2020 (such date, the "Third Milestone Date"), the Company will furnish the Agency with evidence which is reasonably acceptable to theAgency that there has been an aggregate Investment of at least Nine Million Dollars ($9,000,000) in the Project (including the Investment amounts set forth in subsections (a) and (b) of this Section) (the "Third Milestone”). However, the construction of the fifth building must be completed by December 31, 2018 and the construction of buildings 6, 7 and 8 must be completed by December 31, 2020 (collectively, the construction of buildings 6, 7 and 8 are known as "Phase HII"); provided, however, for contemplated buildings 6, 7 and 8, in the event of significant vacancy in any one of these buildings, the Company may apply, pursuant to Section 1(c) above, for relief from the obligation to construct subsequent buildings until such time as the vacancy level is abated, For purposes of this waiver application, a vacancy rate of greater than twenty- five percent (25%) shall be deemed "significant." Section 7. - Job Creation; Local Labor. (a) ‘The Company hereby agrees to retain 25 jobs (of which 12 are to be full- time jobs) (collectively, "Baseline Jobs"), and the Company, through the Project, will achieve and maintain the following levels of jobs creation above the Baseline Jobs: (@ _ As of the first (1) anniversary of the Commencement Date: 5 jobs, of which 2 are full-time jobs (for a total of 14 full-time and 16 part-time jobs); (i) __ As of the second (2") anniversary of the Commencement Date: 6 jobs, of which 3 are full-time jobs (for a total of 17 full-time and 19 part-time jobs); and Gi) As of the third (3") anniversary of the Commencement Date: 5 jobs, of which 2 are full-time jobs (for a total of 19 full-time and 22 part-time jobs), (b) The Company covenants and agrees that, at all times while this PILOT Agreement remains in effect, it will comply with the Agency's provisions with respect to the utilization of "local labor" (as such term is defined in the Agency's Application for Assistance, including, without limitation, the appendices thereto) in connection with the construction, expansion and/or renovation of the Project or any portion thereof. Section 8. Evidence of Milestone Satisfaction. Upon the Company providing the Agency with evidence of the satisfaction of one or more of the Milestones, in such form and containing such detail and back-up documentation and information as the Agency shall reasonably require, in each instance the Agency agrees to provide prompt written notification to the Affected Tax Jurisdictions and the Company of the satisfaction of the Milestone(s). In the event such notification is not provided within thirty (30) business days (which, for purposes of this PILOT Agreement, is defined as being all days other than Saturdays, Sundays and public holidays in the State of New York) of the delivery of such evidence (unless the Company and the Affected Tax Jurisdictions are provided written notice within such time period that any such evidence is not reasonably acceptable to the Agency) any evidence so provided shall be deemed acceptable. If the Agency gives timely notice that such evidence is not reasonably acceptable, the Company shall, within fifteen (15) business days following the date such notice is given, furnish to the Agency such additional evidence as the Agency may reasonably require, whereupon the Agency agrees to provide prompt written notification to the Company and the Affected Tax Jurisdictions of the satisfaction of the Milestone(s). If such notification is not provided within thirty (30) business days of the delivery of such evidence (unless the Companyand the Affected Tax Jurisdictions are provided written notice within such time period that such evidence is again not reasonably acceptable to the Agency) the evidence so provided shall be deemed acceptable. Section 9. Except as provided herein to the contrary, the Company shall have all of the rights and remedies of a taxpayer with respect fo any tax, service charge, special benefit, ad valorem levy, assessment, or special assessment or service charge in lieu of which the Company is obligated to make a payment pursuant to this PILOT Agreement. Section 10. If the Company enters into any written agreement with any Taxing Jurisdiction providing for payments in lieu of taxes by the Company to any or all of them, so much of this PILOT Agreement as relates to the Taxing Jurisdiction with which the Company has entered into said written agreement shall be automatically modified to reflect the terms of any such written agreement, and any such written agreement shall be deemed to be incorporated herein by reference and made a part hereof as an amendment or modification hereof. Should the Company receive any exemption from any of the Taxing Jurisdictions, this PILOT Agreement shall automatically be modified to reflect the extent of such exemption, Seotion 11. Remedies on Default. Whenever any Event of Default hereunder shall have occurred and be continuing, the Agency may take, to the extent permitted by law, any one or more of the following remedial steps: (@ Declare, by written notice to the Company, to be immediately due and payable, whereupon the same shall become immediately due and payable, all unpaid PILOT Payments due under this PILOT Agreement; (®) Take any other action as it shall deem necessary to cure any such Event of Default, provided that the taking of any such action shall not be deemed to constitute a waiver of such Event of Default; (©) _ Take any other action at law or in equity which may appear necessary or desirable to collect the payments then due or thereafter to become due hereunder, and to enforce the obligations, agreements or covenants of the Company under this PILOT Agreement; and/or @ Terminate this PILOT Agreement. Section 12. If payments are not made as provided for herein, the Agency shall be entitled to pursue any and all remedies afforded them at law or in equity. Section 13. Notwithstanding anything contained herein to the contrary, upon the occurrence of (i) the sale or closure of the entire Facility, (fi) a significant unapproved change in use of the Facility, (jii) a failure to maintain the employment levels set forth in Section 7(a) hereof at the Facility; (jv) a failure to meet any of the Milestones set forth in Section 6 hereof, or (v) a significant Event of Default hereunder, under the Lease Agreement or under the Leaseback Agreement, the Agency shall have the right to recapture real property tax abatements provided hereunder pursuant to the following schedule:Percent of Recaptiire, Applicable Year ofRecapture _to Current and All Prior Years 1 100% 2 100% 3 100% 4 100% 5 100% 6 50% 7 50% 8 50% 9 25% 10 25% ul 25% 12 25% 13 20% 14 20% 15 20% 16 20% 7 15% 18 15% 19 15% 20 15% 21 10% 22 10% 23 10% a 10% 25 10% Any such recapture is at the sole and exclusive discretion of the Agency. The Agency shall notify the Company in writing within ninety (90) days of such Event of Default of its intent to recapture the PILOT benefits (or any portion thereof); provided, however, that such period shall not commence to run until the Agency has been properly notified or ascertains any such Event of Default. For purposes of this Section only, a "significant reduction” shall mean more than twenty percent (20%) of the employment as stated in the application. Any and all recaptured payments received pursuant to this provision shall be remitted to the Taxing Jurisdictions on a pro rata basis within sixty (60) days of receipt of payment. Section 14. No portion of any interest in this PILOT Agreement may be assigned by the Company, nor shall any person other than the Company be entitled to succeed to or otherwise obtain any benefits of the Company hereunder without the prior written consent of the Agency, which shall not be unreasonably withheld, [Remainder of Page Intentionally Left Blank]IN WITNESS WHEREOF, the parties hereto have executed this PILOT Agreement as of the day and year first above written. COUNTY OF MONROE INDUSTRIAL DEVELOPMENT AGENCY By: — ‘Name: Judy A. Title: Executive Director I-SQUARE, LLC By: POZECE ‘Name: Michael Nolan Title: Sole Member APPROVED AS TO FORM: TOWN OF IRONDEQUOIT, NEW YORKSCHED! County | School District ‘Amount due PILOT and Town Tax Year — | Amount due | Amount due hoo! Year ‘Tax Year fo County* | fo Town** | District*#* Year i 2015 2014-2015 | $17,367.35 _| $13,668.82 | $55,764.97 Year? 2016 2015-2016 _ | $17,801.53 | $14,010.54 | $57,159.09 ‘Year 3 2017 2016-2017 | $17,890.54 | $14,360.80 | $58,588.07 ‘Year 4 2018 2017-2018 [$17,979.99 | $14,719.82 | $60,052.77 Year 5 2019 2018-2019 | "$18,069.89 _| $15,087.82 _| $61,554.09 Year 6 2020 2019-2020 | $18,160.24 | $15,465.02 | $63,092.95 Cy a TN 2020-2021 | $18,251.04 | $15,851.64 | $64,670.27 Year8 2022 2021-2022 | $18,342.30 | $16,247.93 | $66,287.03 Year9 2023 2022-2023 | $18,434.01 | $16,654.13 | $67,944.20 Year 10 2024 2023-2024 | $18,526.18 | $17,070.48 | $69,642.81 Year 11 2025 2024-2025 | $18,618.81 | $17,497.25, | $71,383.88 Year 12 2026 2025-2026 | “$18,711.91 | $17,934.68 | _ $73,166.47 ‘Year 13 2027 2026-2027 | $18,805.47 | $18,383.04 | $74,997.68 Year 14 2028 2027-2028 |” $18,899.49 | $18,842.62_| $76,872.63 Year 15377 2029 2028-2029 | $18,993.99. |_$19,313.68_| $78,794.44 Year 16 2030 2029-2030 |” $19,088.96 | _$19,796.53_| $80,764.30 Year 17 2031 2030-2031 | “$19,184.41 | $20,291.44 |" $82,783.41 Year 18 2032 2031-2032 [$19,280.33 | $20,798.73 | _ $84,853.00, ‘Year 19 2033 2032-2033 [$19,376.73 | $21,318.69 | $86,974.32 ‘Year 20°87 | 2034 2033-2034 | $19,473.61_|_ $21,851.66 | $89,148.68 Year 21 2035 2034-2035 | “$19,570.98 | $22,397.95 _| $91,377.40 Year 22 2036 2035-2036 | "$19,668.84 | $22,957.90 _| $93,661.83 | Year 23 2037 2036-2037 |" $19,767.18 | $23,531.85 | $96,003.38 Year 24 2038 2037-2038 | $19,866.02 | $24,120.15_| $98,403.46 Year 25 2039 2038-2039 | $19,965.35 | $24,723.15 | $100,863.55 “Base Amount plus 2.5% in Year 1; thereafter escalation factor of .5% per year. ‘** Base Amount plus escalation factor of 2.5% per year, **** Base Amount plus escalation factor of 2.5% per year. ****If the Project does not exceed $16,000,000 in tax assessment at Year 15, as established by the Town Assessor, then this PILOT shall be extended for a period of S years under thé current formula; ifthe tax assessment at Year 15 exceeds $16,000,000, then the escalator shall be increased for Year 16 only by the percentage increase of the tax assessment above the Year 15 threshold (i.c., if the tax assessment in Year 15 is $17,600,000 ~ 10% -- then the escalator for Year 16 shall be 10% plus the 2.5% base tax escalator). In years 17-20, the 2.5% tax escalator shall apply. +#*#4If the Project does not exceed $17,000,000 in tax assessment at Year 20, as established by the Town Assessor, then this PILOT shall be extended for a period of $ years under the current formula (base plus 2.5% annual escalator); ifthe ‘tax assessment at Year 20 exceeds $17,000,000, then the escalator shall be increased for Year 21 only by the percentage inctease of the tax assessment above the Year 20 threshold (e., if the tax assessment in Year 20 is $18,700,000 ~ 10% ‘then the escalator for Year 21 shall be 10% plus the 2.5% base tax escalator), In Years 21-25, the 2.5% tax escalator shall apply. Schedule 1EXHIBIT A Approving Resolutions of the Town and School District [See Attached]RESOLUTION NO. 2013-019 EXTRACT OF MINUTES OF REGULAR MEETING OF TOWN BOARD ADOPTING A. RESOLUTION SUPPORTING A CUSTOM PAYMENT IN LIEU OF TAXES (“PILOT”) AGREEMENT BETWEEN I-SQUARE, LLC AND THE COUNTY OF MONROE INDUSTRIAL DEVELOPMENT AGENCY At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 19th day of February 2013 at 7:00 p.m. local time, there were PRESENT: Mary Joyce D’Aurizio ‘Town Supervisor Deborah Essley Town Board Member Paul Marasco ‘Town Board Member John Perticone ‘Town Board Member Irena Skrobach ‘Town Board Member ‘Town Board Member __Perticone__offered the following Resolution and moved its adoption: WHEREAS, I-Square, LLC (hereinafter “I-Square”) and its prinefpals, Michael and Wendy Nolan, have acquired property and developed plans in furtherance of the proposed I-Square Development, to be located on the south side of Titus Avenue, west and north of Stranahan Park in the Town of Irondequoit; and WHEREAS, Mr. and Mrs. Nolan have submitted a request to the Town Board for its support of custom Payment in Lieu of Taxes (“PILOT”) Agreement for such development; and WHEREAS, the Town Board has carefully reviewed the information provided by Mr. and Mrs. ‘Nolan and considered the financial impact of the request upon the Town and its taxpayers. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. Subject to the terms set forth herein, the Town Board of the Town of Irondequoit supports the application of I-Square for a custom PILOT Agreement between I-Square and COMIDA for the following tax parcels: 076.15-6-11, 076.15-6-12; 076.15-6-16; 076.15-6-19; 076.15-6-21; 076.15-6-22; 076.15-23; 076.15-6-24; 076.15-6-25; 076.15-6-26; 076.15-6-27; 076.15+6-28; 076,15-6-29; 076.15-6-30; 076.15-6-31; 076.15-6-32; and 076.15-6-43.11 (with the ‘understanding that these tax parcel numbers may be altered by subsequent re-subdivisions within the I-Square Development). 2.___ The Town Board hereby approves’ that the I-Square Development be granted a custom PILOT Agreement that will include, among other things, annual PILOT payments based reaanie son the schedule developed by the Town Assessor, and such additional terms as set forth below. If the PILOT Agreement approved by COMIDA materially differs with regard to these terms, then the Town Board shall have the opportunity to vote to approve or disapprove such material changes to the terms set forth below: A. Basis for PILOT Payments. The Year 1 PILOT Payment will be based upon the ress applicable tax rate applied to the 2011 Pre-Demolition Property Assessment of $2,098,100. 5 |. The amount of the PILOT Payment shall increase by 2.5% each year of the PILOT Agreement, Not-for-Profit Status, No parcel subject to the PILOT Agreement shall be designated as “not-for-profit” nor shall it be transferred to any not-for-profit entity, and the PILOT Agreement shall include consequences in the event that ownership of any building is transferred to a not-for-profit entity during the term of the PILOT Agreement, : Change in Ownership. The current owners of I-Square, LLC shall not transfer their ownership interest in I-Square, LLC or any parcel subject to the PILOT Agreement, and the PILOT Agreement shall include consequences in the event ‘that the current owners transfer any ownership interest in I-Square, LLC or any paroel subject to the PILOT Agreement, Benchmarks. The PILOT Agreement shall set forth specific agreed upon benchmarks for completion of the development, including but not limited to specific deadlines for completion of Baker Park, each proposed building, and job creation. Moreover, the PILOT Agreement shall include penalties if the specific benchmarks are not met, ‘Term and Extensions, The initial term of the PILOT Agreement shall be 15 years, with 2 extensions of 5 years each (“15 +5 +5”) based upon benchmatks for review as set forth below: i.) If the project does not exceed $16,000,000 in tax assessment at Year 15, as established by the Town Assessor, then the PILOT Agreement shall be extended for a period of 5 years under the current formula (base plus 2.5% annual escalator). Ifthe tax assessment at Year 15 exceeds $16,000,000, then the escalator shall be increased for Year 16 only by the percentage increase of the tax assessment above the Year 15 threshold (for example, if the tax assessment in Year 15 is $17,600,000 ~ 10% ~ theri the escalator for Year 16 shall be 10% + the 2.5% base tax escalator), In Years 17 to 20, the 2.5% tax escalator shall apply. I-Square shall be entitled to challenge the tax assessment utilizing the State structured tax grievance procedure, or by such other method agreed upon by I-Square and the Town,3. {i.) If the project does not exceed $17,000,000 in tax assessment at Year 20, as established by the Town Assessor, then the PILOT Agreement shall’ be extended for a petiod of 5 years under the current formula (base plus 2.5% annual escalator). If the tax assessment at Year 20 exceeds $17,000,000, then the escalator shall be increased for Year 21 only by the percentage increase of the fax assessment above the Year 20 threshold (for example, if the tax assessment in Year 20 is $18,700,000 ~ 10% ~ then the escalator for Year 21 shall be 10% + the 2.5% base tax escalator). In Years 21 to 25, the 2.5% tax escalator shall apply. I-Square shall be entitled to challenge the tax assessment utilizing the State structured tax grievance procedure, or by such other method agreed upon by I-Square and the Town, The Town Board hereby authorizes the Town Supervisor to provide a copy of this resolution to COMIDA in support of I-Square’s application for a custom PILOT Agreement, 4, This Resolution supersedes and replaces Resolution No. 2012-163 previously adopted by the Town Board on September 26, 2012. This resolution shall take effect immediately upon its adoption. Scoonded by Town Board.member _ Skrobach__ and duly put to a vote, which resulted as follows: ines ‘Town Supervisor D'Aurizio voting _Aye__ ‘Town Board Member Essley voting Aye ‘Town Board Member Marasco voting Aye ‘Town Board Member Perticone voting _Aye__ ‘Town Board Member Skeobach voting _Aye__ 3Subject to Board of Education Approval MINUTES of the Special Meeting of the Board of Education of the West Irondequoit Central School District, Town of Irondequoit, Monroe County, New York held Monday, February 11, 2013, in the District Office, 321 List Avenue, Rochester, NY BOARD MEMBERS PRESENT: —_ M. Burns, S. Crowder, A. Cunningham, C. Perreaud, R, Schultz, M. Seoley, J.Vay ALSO PRESENT: J. Brennan, J. Crane, P. Kelly, T. Lipke, L. McGinley, T. Terranova Visitors: As per Sign In sheet CALL TO ORDER President Perreaud called the meeting to order at 9:18 p.m, OLD BUSINESS 1. Complete I-Square Action Upon motion by Mrs. Bums with a second by Mr. Vay the following resolution was offered: BE IT RESOLVED, that the West Irondequoit Board of Education ratifies and confirms its action taken on August 23, 2012, as amended by the changes to the terms and conditions thereof agreed to by the parties involved with the I-Square Project on February 8, 2013 and attached hereto, authorize the Superintendent of Schools (Jeflrey B. Crane) and the Board of Education President (Charles G, Perreaud) and their advisors to enter into negotiations related to the execution and delivery of a PILOT Agreement for the I-Square Project that will include, among other things, the terms and conditions as set forth in the attachment hereto, and, except as set forth herein, all such action, and the approvals granted thereunder, shall remain in full force and effect. General Terms and Conditions of -Square PILOT Agreement ‘Tax Parcels covered by I-Square PILOT Agreement (with the understanding that these tax parcel ‘numbers may be altered by subsequent re-subdivisions within the I-Square Development): 076.15-6-11 > 076.15-6-12 076.15-6-16 076.15-6-19 076.15-6-21 076.15-6-22 076.15-23, 076.15-6-24 076.15-6-25 076.15-6-26 O76.15-6-27 076.15-6-28 076.15-6-29 076.15-6-30 076,15-6-31 076.15-6-32 076.15-6-43.11 Board of Education Special Mecting February 11, 2013, : Page 1 of 3‘© Basis for PILOT Payments. The payment for the first year of the PILOT Agreement will be calculated by taking the product of upon the applicable tax rate applied to assessment of $2,098,100. ‘© Escalator. The amounts paid pursuant to the PILOT Agreement shall increase by 2.5% each year of the initial 15-year term and, as set forth in more detail below, adjusted for each of the remaining 5-year terms, «© Not-for-Profit Status/Change in Control. No parcel subject to the PILOT Agreement shall be ‘transferred, in part or in whole, to any not-for-profit corporation (or other entity other than County of Monroe Industrial Development Agency (COMIDA), which would cause the parcels to be converted to non-profit status) and the current owners of I-Square, LLC shall not transfer their ownership interests in I-Square, LLC or any parcel subject to the PILOT Agreement. In each case, the PILOT Agreement shall include consequences as agreed to by COMIDA in the ‘event that any of these conditions are breached. * Clawbacks. The PILOT Agreement shall, at the sole discretion of COMIDA, set forth benchmarks for completion of the Project, including but not limited to specific deadlines for completion of Baker Park, each proposed building to be included in the Project, and targets for job creation. .In the event such benchmarks are not met, the PILOT Agreement shall grant to to recover some of the financial assistance previously provided in connection with the Project. + Initial Term and Extensions, The initial term of the PILOT Agreement shall be 15 years, with 2 extensions of 5 years each ("15 +5 +5") based upon benchmarks for review as set forth below: ‘© Ifthe project does not exceed $16,000,000 in tax assessment at Year 15, as established by the “Town Assessor, then the PILOT Agreement shall be extended for a period of 5 years under the current formula (base plus 2.5% annual escalator). If the tax assessment at Year 15 ‘exceeds $16,000,000, then the escalator shall be increased for Year 16 only by the percentage increase of the tax assessment above the Year 15 threshold (for example, if the tax assessment in Year 15 is $17,600,000 — 10% — then the escalator for Year 16 shall be 10% + the 2.5% base tax escalator). In Years 17 to 20, the 2.5% tax escalator shall apply. I-Square shall be entitled to challenge the tax assessment utilizing the State structured tax grievance procedure, or by such other method agreed upon by I-Square and the Town. © Ifthe project does not exceed $17,000,000 in tax assessment at Year 20, as established by the ‘Town Assessor, then the PILOT Agreement shall be extended for a period of 5 years under the current formula (base plus 2.5% annual escalator). If the tax assessment at Year 20 exceeds $17,000,000, then the escalator shall be increased for Year 21 only by the percentage increase of the tax assessment above the Year 20 threshold (for example, if the tax assessment in Year 20 is $18,700,000 — 10% — then the escalator for Year 21 shall be 10% + the 2.5% base tax escalator). In Years 21 to 25, the 2.5% tax escalator shall apply, I-Square shall be entitled to challenge the tax assessment utilizing the State structured tax grievance procedure, or by such other method agreed upon by I-Square and the Town. ‘Motion Carried: 7-0-0 Board of Education Special Meeting of Pebruary 11, 2013, Page 20f3ADJOURNMENT There being no further business, the meeting was unanimously adjoumed at 9:24 p.m. following a motion by Mr. Vay with a second by Mrs, Burns. Respectfully submitted, Patricia Kelly School District Clerk (Copies of all above-mentioned actions are filed with the supplemental file of the minutes of the meeting.) Board of Education Special Meeting of February 11, 2013 Pages of3NYS BOARD OF REAL PROPERTY SERVICES RP-412-a (1/98) INDUSTRIAL DEVELOPMENT AGENCIES APPLICATION FOR REAL PROPERTY TAX EXEMPTION (Real Property Tax Law, Section 412-2 and General Municipal Law, Section 874) 1. INDUSTRIAL DEVELOPMENT AGENCY. ‘Name County of Montoe Industrial Develop. Ageno Street 8100 CityPiace, 50 West Main Street 2. OCCUPANT (IF OTHER THAN IDA) (iemore than one occupant attach separate Ii Name _!Square, LLC Street _85 Excel Drive City Rochester, New York 14614 Telephone no. Day (686) 419-0656 Bvening (_), Contact Michael J. Townsend City Rochester, New York 14621 ‘Telephone no. Day 585, 943-1944 Evening _(_). Contact Michael Notan Member ‘Title_Agency Counsel Title 3. DESCRIPTION OF PARCEL ‘a, Assessment roll description (lax map no./roll year) _d. School District_West rondequoit CSD See Attached Schedule b. Street address ©. County Monroe ‘See Attached Schedule ‘£ Current assessment g. Deed to IDA (ate recorded; liber and page) Lease Agreement, a memorandum of which was recorded on or about June 11, 2013, . City, Town or Village !ondequoit (Town) 4, GENERAL DESCRIPTION OF PROPERTY ___(if necessary, attach plans or specifications) 1a. Brief description (include property use) Construct a mixed-use “Town Center" comprised of seven (7) buildings totaling over 92,000 square feet of space. b. ‘Type of construction ¢, Square footage _8PPFox. 92,000 £. Projected expiration of exemption (i.e, date when property is no longer . Total cost _@PProx. $9,000,000 possessed, controlled, supervised or under the jurisdiction of IDA) 013 ed PILOT Agreement ¢, Date construction commenced _ Sprit 5, SUMMARIZE AGREEMENT (IF ANY) AND METHOD TO BE USED FOR PAYMENTS TO BE, MADE TO MUNICIPALITY REGARDLESS OF STATUTORY EXEMPTION (Attach copy of the agreement or extract of the terms relating to the project). a. Formula for payment_82@ attached PILOT Agreement b. Projected expiration date of agreement _S€e attached PILOT AgreementRP-IZ8 (195) o _ ‘corporations to which payments will 4. Person or entity responsible for payment. made ‘Yes No. ‘Name Michael Nolan County Mon ¥o Title “Member Town/City _lrondequolt (Town) %oa Village N/A ooo Address 85 Excel Drive School District W.lrondeauolt SD 9 oo Rochester, New Vork 14627 ¢, Isthe IDA the owner of the property? Ye If “No” identify owner and explain IDA rights or interest ‘Telephone (585) 943-1941 {nan ettached statement. The IDA has a leasehold interest in the property. 6, Is the property receiving or has the propesty ever received any other exemption from real property taxation? (Check one) 0 Yes XX No I yes, lst the statutory exemption reference and assessment rll year on which granted: exemption Section 874 of NYS GML assessment roll year, 7. A copy ofthis application, including all-attachments, has been mailed or delivered on & | Z, dg. (date) fs 10 the chief executive official of each municipality within which the project is located as in tem 3, CERTIFICATION 1, Michael J. Townsend , Agency Counsel of ‘Name Tite County of Monroe industrial Development Agency hereby certify that the information Organization ‘on this application and accompanying papeis constitutes a true statement of facts LE ‘Signature FOR USE BY ASSESSOR, 1 Date application filed 2, Applicable taxable status date 3a, Agreement (or extract) date 4h, Projected exemption expiration (year) 4, Assessed valuation of parcel in first year of exemption $ 5, Spocil assessments and special as valorem levies for which the parce i liable: Date ‘Assessor's signatureSCHEDULE TO RP-412-a ‘Addresses ‘Tax Map ID. 3 Union Park 076.15-6-22. Union Park 076.15-6-23- Ti Union Parle 076.15-6-21 4 Union Park 076.15-6-24 12 Union Parke 076.15-6-25 20 Union Park (076.15-6-26 28 Union Pare (076.15-6-27 zal (663 Titus Avenue _ 076.15-6-11 Titus Avenue (076.15-6-12 651 Titus Avenue 076.15-6-16 (667 Titus Avenue 076.15-6-19 679 Titus Avenue 076.15-6-28 (687 Titus Avenue 076.15-6-29 691 Titus Avenue, 076.15-6-30 2 Stranahan Park 076.15-6-43.11 _ ‘5 Stranahan Park 076,15-6-32 11 Stranahan Park 076.15-6-31 it snobHARRIS BEACH # ATTORNEYS AT Law MEMORANDUM Sane 17, 2013, TO: Kevin Tubiolo, Monroe County Treasury FROM: Michael J. Townsend RE: COMIDA Checklist 1. NAME OF COMPANY: T-Square, LLC MONTH & YEAROPENED: June, 2013, 3. YEAR OF FIRST BILLING: Please see attached PILOT Agreement 4, YEAR COMIDA ENDING: Please see attached PILOT Agreement 5. . SPECIAL INSTRUCTIONS: Please see attached PILOT Agreement 6. TAX ACCOUNT NUMBERS: 076.15-6-26 076.15-6-27 076.15-6-28 076.15-6-29 076.15-6-30 076.15-6-31 076.15-6:32 076,15-6-24 076.15-6-43,11 076.15-6-25March 31, 2016 Deputy County Executive Thomas VanStrydonck Monroe County Office Building 39.W, Main St. Rochester, NY 14617 Dear Mr. VanStrydonck: {hereby submit my resignation at your request as Assistant County Executive effective at 5:30 PM on April 1, 2016, {have greatly appreciated the opportunity to serve our County and its residents in a variety of postions for nearly 20 years. | know that | have done so well and helped keep our community a great place to live, work and raise a family, {regret my involvement in the recent controversy regarding COMIDA and I-Square. The distraction it has caused to the administration this distraction should come to an end so that County Executive and her team can focus on governing our community. [My focus will now turn to providing for my family, including my wife and two young daughters. Being a father and husband will continue to be my top priority. | look forward to new opportunities and challenges in my professional career. Lastly, |am grateful to my many colleagues | have had the pleasure of working with over the years. Many of them have become friends. | wish them and the administration well, Sins rely, l Justin C. RojEOMIDA COUNTY OF MONROE INDUSTRIAL DEVELOPMENT AGENCY April 28, 2016 Michael Nolan I-Square LLC 85 Excel Drive Rochester, New York 14621 Re: Second Milestone Dear Mr. Nolan: ‘This letter is to update you with respect to the review of your PILOT Agreement as part of the annual PILOT compliance review process since my letter to you on March 28, 2016, enclosed herewith. As you may recall in that leer, I asked you whether or not you would like us to reach out to the School District and the Town to confirm whether the recycling building satisfies the requirement in your PILOT Agreement that "the construction of the second building must be completed by December 31, 2015." The School Disirct has indicated that it finds you in compliance with your PILOT ‘Agreement, including milestone compliance. ‘The Town attorney has indicated that the Town takes no position with respect to milestone compliance. Therefore, we defer to the School District and the Town and stipulate that the construction of the recycling building is the "second building” as referenced in your PILOT Agreement. Based on the foregoing, it will be my recommendation, as Acting Executive Director, that the PILOT Compliance Review Committee find no default in ‘connection with the milestone compliance to date. In order to move forward in this process and come to a mutual understanding of this path forward, | would welcome the opportunity {o meet with you, Please provide me with a convenient Tan be reached ot 753-2020 or contact my assistant Delaine George at 753-2006. It is my hope to schedule this within the next week, Sincerely, [aut Ae pilan Paul A. Johnson” Acting Executive Director Enclosure: March 28, 2016 letter from P, Johnson toM. Nolan xe: ‘Thomas VanStrydonk, Deputy County Executive COMIDA Board iy Tea Mala Street - Rochester, New Vor (585) 753-2000 Fax (585) 753-2002 « growmonroe.org. ‘um acs