APPLICATION
TO
COUNTY OF SULLIVAN INDUSTRIAL DEVELOPMENT AGENCY
FOR
FINANCIAL ASSISTANCE
I. APPLICANT INFORMATION:
Company Name: EPT Concord II, LLC
Address: 909 Walnut Street-200 Kansas City, MO 64106
Phone No.: (816) 472-1700
Telefax No.: (816) 472-5794
Email Address: Tim Lies – Tlies@eprkc.com;
Robert Drumm – Robertd@eprkc.com
Fed Id. No.: 43-1790877
Contact Person: Steve Vegliante, Esq.
Principal Owners/Officers/Directors (list owners with 15% or more in equity holdings with percentage ownership):
Principal Owners (Shareholders/Members/Owners) EPT Concord, LLC
Directors/Managers: David M. Brain and Gregory K. Silvers
Officers: For Corporate Structure, see attached Schematic-Exhibit A
Corporate Structure (attach schematic if Applicant is a subsidiary or otherwise affiliated with another entity)
Form of Entity:
______ Corporation (Sub-s)
Date of incorporation: _________________________________
State of incorporation: ________________________________
Partnership
General______________________ or Limited__________________
Number of general partners_______________
If applicable, number of limited partners________________
Date of formation:____________________
Jurisdiction formation:__________________
X Limited Liability Company/Partnership (number of members 1)
Date of organization: June 10, 2010
State of organization: Delaware and authorized to do business in New York. See Exhibit B annexed hereto.
Sole Proprietorship
If a foreign organization, is the Applicant authorized to do business in the State of New
York? Yes X No_____ N/A__ (If so, please append Certificate of Authority.
See Exhibit B – Certificate of Authority
APPLICANT’S COUNSEL
Name: Steven Vegliante, Esq.
Address: 510 Wild Turnpike / P.O. Box 368, Mountaindale, NY12763
Phone No.: (845) 434-6688
Telefax No.: (845) 436-7788
Email Address: svegliante@hvc.rr.com
II. PROJECT INFORMATION
A) Describe the proposed acquisitions, construction or reconstruction and a description of the costs and expenditures expected. Attach additional sheets, if necessary.
Please see Exhibit C for Project Description.
COST BENEFIT ANALYSIS:
Costs = Financial Assistance
Estimated Sales Tax Exemption $ 3,120,000[1]
Estimated Mortgage Tax Exemption $ N/A
Estimated Property Tax Abatement $ TBD[2]
Estimated Interest Savings IRB Issue $ N/A
See also attached Exhibit E for Economic Analysis in support of this Application.
Overall Project
Jobs created: 2642
Jobs retained N/A
Private funds invested $772mm
Other Benefits
B) Project Address: See Figure 1 of Exhibit C for Project Location
Tax Map Number(s): See attached Exhibit D
Located in the Village of __________________
Located in Town of Thompson
Located in the School District of Monticello CSD
Located in Hamlet of N/A
C) Are Utilities on Site?
Water/Sewer No Electric Yes
Gas ______ Storm Sewer No
D) Present legal owner of the site: EPT Concord II, LLC-See Exhibit D
If other than Applicant, by what means will the site be acquired for this Project:
E) Zoning of Project Site: Current: PRD Proposed:________
F) Are any variances needed: No
G) Principal Use of Project upon completion: Destination Resort – See Exhibit C -Project Description
H) Will the Project result in the removal of a plant or facility of the Applicant from one area of the State of New York to another? YES_______________ NO X .
Will the Project result in the removal of a plant or facility of another proposed
occupant of the Project from one area of the State of New York to another area
of the State of New York? YES________ NO X
Will the Project result in the abandonment of one or more plants or facilities
located in the State of New York? YES_______ NO X
I) Estimate how many construction/permanent jobs will be created or retained as a
result of this Project:
Overall Project
Construction: 6,325/5,674 person-years[3]
Permanent: 2642
Retained: 300
See also Exhibit E for Economic Analysis in support of Application
J) Financial Assistance being applied for:
Estimated Value
Overall Project
Real Property Tax Abatement $ TBD[4]
Mortgage Tax Exemption $ N/A
Sales and Use Tax Exemption $ 3,120,000[5]
Issuance by the Agency of Tax Exempt Bonds $ N/A
K)Project Costs (Estimates) Land | $ 193,000,000 |
Building/Equipment/Soft costs | $ 15,000,000 |
Other( Infrastructure) | $ 50,000,000 |
Total | $ 258,000,000 |
REPRESENTATIONS BY APPLICANT
REPRESENTATIONS BY THE |
APPLICANT |
REPRESENTATIONS BY APPLICANT
The Applicant understands and agrees with the Agency as follows:
A) Job Listings. In accordance with Section 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, new employment opportunities created as a
result of the Project will be listed with the New York State Department of Labor
Community Services Division (the “DOL”) and with the administrative entity
(collectively with the DOL, the “JTPA Entities”) of the service delivery area
created by the federal job training partnership act (Public Law 97-300) (“JTPA”)
in which the Project is located.
B) First Consideration for Employment. In accordance with Section 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 JTPA programs who
shall be referred by the JTPA Entities for new employment opportunities created
as a result of the Project.
C) Annual Sales Tax Filings. In accordance with Section 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, in accordance with Section 874(8) of the General Municipal Law, the
Applicant agrees to file, or cause to be filed, with the New York State Department
of Taxation and Finance, the annual form prescribed by the Department of
Taxation and Finance, describing the value of all sales tax exemptions claimed
by the Applicant and all consultants or subcontractors retained by the Applicant.
D) Annual Employment Reports, The Applicant understands and agrees that, if the
Project receives any Financial Assistance from the Agency, the Applicant agrees
to file, or cause to be filed, with the Agency, on an annual basis, reports
regarding the number of people employed at the project site.
E) Absence of Conflicts of Interest. The Applicant has received from the Agency a
list of the members, officers, and employees of the Agency. No member, officers
or employee of the Agency has an interest, whether direct or indirect, in any
transaction contemplated by this Application, except as hereinafter described.
The Applicant and the individual executing this Application on behalf of the Applicant acknowledge that the Agency will rely on the representations made herein when acting on this Application and hereby represent 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 statements contained herein not misleading.
(Applicant)
EPT Concord II, LLC
By:____________________________
Name: Gregory K. Silvers
Title: Vice President
Date:
THIS APPLICATION SHALL BE SUBMITTED WITH (I) TWO CHECKS: ONE COVERING A $250.00 APPLICATION FEE AND THE SECOND COVERING A $5,000.00 UP-FRONT ESCROW DEPOSIT; AND (II) APPLICANT’S FORMATION DOCUMENTS (IE: IF A CORPORATION: ITS CERTIFICATE OF INCORPORATION AND BYLAWS; IF A LIMITED LIABILITY COMPANY: ITS ARTICLES OF ORGANIZATION AND OPERATING AGREEMENT; IF A LIMITED PARTNERSHIP: ITS CERTIFICATE OF LIMITED PARTNERSHIP AND LIMITED PARTNERSHIP AGREEMENT; OR IF A PARTNERSHIP: ITS PARTNERSHIP AGREEMENT TO COUNTY OF SULLIVAN INDUSTRIAL DEVELOPMENT AGENCY, ONE CABLEVISION CENTER, FERNDALE, NEW YORK 12734 (ATTN.: EXECUTIVE DIRECTOR).
[1] Infrastructure improvements in support of Phase 1 of the Proposed Project and improvements to public rights of way accessing the Proposed Project site.
[2] The Proposed Project is a market-driven and phased Destination Resort development. Consequently, it is difficult to quantify the anticipated assessed value of future phases, including the full build-out of the Proposed Project at this juncture. It is our understanding that the Agency will retain a consultant to perform an analysis of the estimated value of the benefits that are to be provided by the Agency to the Applicant in accordance with its customary valuation practices. As a result, the Applicant will provide all necessary information to Agency upon request so that such values may be developed.
[3] Phase 1 construction is anticipated to directly generate an average of 6,325 person-years of employment in New YorkState, of which 5,674 person-years would be in the Catskill region. See Exhibit E.
[4] The Proposed Project is a market-driven and phased Destination Resort development. Consequently, it is difficult to quantify the anticipated assessed value of future phases, including the full build-out of the Proposed Project at this juncture. It is our understanding that the Agency will retain a consultant to perform an analysis of the estimated value of the benefits that are to be provided by the Agency to the Applicant in accordance with its customary valuation practices. As a result, the Applicant will provide all necessary information to Agency upon request so that such values may be developed.
[5]Infrastructure improvements in support of Phase 1 of the Proposed Project and improvements to public rights of way accessing the Proposed Project site.
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