RESOLUTION
A regular meeting of County of Sullivan Industrial Development Agency (“Agency”) was convened in public session at the Sullivan County Government Center, 100 North Street, Village of Monticello, Sullivan County, New York on February 19, 2013 at 10:00 a.m. local time.
The meeting was called to order by Chairman Ira Steingart, and, upon roll being called, the following members of the Agency were:
PRESENT ABSENT
Ira Steingart [ ] [ ]
Harold Gold [ ] [ ]
Edward T. Sykes [ ] [ ]
Suzanne Loughlin [ ] [ ]
Charles Barbuti, Jr. [ ] [ ]
Harris Alport [ ] [ ]
Steve White [ ] [ ]
Sandy Shaddock [ ] [ ]
Sean Rieber [ ] [ ]
The following persons were also present:
Allan C. Scott, Chief Executive Officer
Jennifer Brylinski, Agency Executive Director
Elizabeth A. Hunt, Agency Executive Assistant
Walter F. Garigliano, Agency Counsel
The following resolution was duly offered by ___________________________, and seconded by ___________________, to wit:
Resolution No. ___-
RESOLUTION EXTENDING THE SALES TAX ABATEMENT PERIOD FOR THE CATSKILL STILLS, LTD. D/B/A DANCING CAT DISTILLERY (“CATSKILL”) AND REDFORD LLC (“REDFORD” AND TOGETHER WITH CATSKILL, THE “COMPANY”) PROJECT NUNC PRO TUNC FROM JANUARY 1, 2013 THROUGH AND INCLUDING DECEMBER 31, 2013
WHEREAS, by Title 1 of Article 18-A of the General Municipal Law of the State of New York (“State”), as amended, and Chapter 560 of the Laws of 1970 of the State, as amended and codified as Section 960 of the General Municipal Law (collectively, the “Act”), the Agency was created with the authority and power to own, lease and sell property as authorized by the Act; and
WHEREAS, pursuant to an Agent Agreement, dated May 5, 2009, the Agency issued the Company a Sales Tax Abatement Letter abating sales tax on such building materials, furniture, fixtures, equipment and supplies to be used in connection with the following project:
(i) acquisition, construction, installation and equipping of a building to consist of approximately 4,650″ square feet with an approximately 900″ square foot mezzanine to house a micro-distillery (“May Distillery”) and acquisition, reconstruction, rehabilitation, installation and equipping of an existing building to house an office and operations center for the Distillery (“May Office Building and together with the Distillery, collectively, the “ May Building”) situate on one (1) parcel of real estate consisting of approximately 5.40″ acres to be located along Route 17B in the Town of Bethel, County of Sullivan, State of New York and identified on the Town of Bethel tax map as Section 26, Block 1, Lot 6 (“May Land”) and related facilities an interest in which the Agency is to acquire; (ii) acquisition and installation thereon and therein of certain furniture, fixtures, machinery, equipment and tools (“May Equipment”); (iii) construction of improvements to the Building, the Land and the Equipment (collectively, the May Building, the May Land and the May Equipment are referred to as the “May Facility” or the “May Project”); and (iv) lease of the Facility from the Agency to the Company
; and
WHEREAS, the Agent Agreement was amended by that certain Amended and Restated Agent Agreement, dated August 11, 2009, to facilitate the following:
(i) acquisition, construction, installation and equipping of a building to consist of approximately 4,650″ square feet with an approximately 900″ square foot mezzanine to house a micro-distillery (“Distillery”) and acquisition, reconstruction, renovation, rehabilitation, installation and equipping of an existing building to house an office and operations center for the Distillery (“Office Building” and together with the Distillery, collectively, the “Building”) situate on two (2) parcels of real estate consisting of approximately 8.90″ acres to be located along New York State Route 17B in the Town of Bethel, County of Sullivan, State of New York and identified on the Town of Bethel tax map as Section 26, Block 1, Lot 6 and Section 22, Block 1, Lot 62 (“Land”) and related facilities an interest in which the Agency is to acquire; (ii) acquisition and installation thereon and therein of certain furniture, fixtures, machinery, equipment and tools (“Equipment”); (iii) construction of improvements to the Building, the Land and the Equipment (collectively, the Building, the Land and the Equipment are referred to as the “Facility” or the “Project”); and (iv) lease of the Facility from the Agency to the Company
; and
WHEREAS, the Agency consented to an extension of the sales tax abatement for a period of one (1) year from January 1, 2011 to December 31, 2011 to facilitate the ongoing construction of the Project; and
WHEREAS, the Agency consented to another extension of the sales tax abatement for a period of one (1) year from January 1, 2012 to December 31, 2012 to facilitate the ongoing construction of the Project; and
WHEREAS, the Company, by letter, dated January 9, 2013, requested that the sales tax abatement period for the Project be extended to December 31, 2013 to facilitate: (a) purchasing and installing outside lighting; (b) purchasing and installing parking; (c) purchasing and installing outside staging area for distillery events; and (d) construction of a distillery barrel room; and
WHEREAS, the Agency contemplates authorizing the extension of the sales tax abatement period for an additional one (1) year nunc pro tunc from January 1, 2013 through and including December 31, 2013 for the purpose of facilitating the Company’s ongoing construction of the Project.
NOW, THEREFORE, BE IT RESOLVED, that the sales tax abatement period for the Project be, and hereby is, extended nunc pro tunc from January 1, 2013 through and including December 31, 2013 to facilitate the Company’s ongoing construction of the Project.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Ira Steingart [ ] Yes [ ] No [ ] Absent [ ] Abstain
Harold Gold [ ] Yes [ ] No [ ] Absent [ ] Abstain
Edward T. Sykes [ ] Yes [ ] No [ ] Absent [ ] Abstain
Suzanne Loughlin [ ] Yes [ ] No [ ] Absent [ ] Abstain
Charles Barbuti, Jr. [ ] Yes [ ] No [ ] Absent [ ] Abstain
Harris Alport [ ] Yes [ ] No [ ] Absent [ ] Abstain
Steve White [ ] Yes [ ] No [ ] Absent [ ] Abstain
Sandy Shaddock [ ] Yes [ ] No [ ] Absent [ ] Abstain
Sean Rieber [ ] Yes [ ] No [ ] Absent [ ] Abstain
The resolution was thereupon duly adopted.
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