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HomeMy WebLinkAbout11-19-19 Board of Public Works Meeting AgendaBPW Meeting Board of Public Works AGENDA ITEMS To e lc . Call to Order/Agenda Review 2. Mayor's Communications 3. Communications and Hearings from Persons Before the Board 4. Response to the Public 5. Reports A. Special Committees of the Board B. Council Liaison C. Board Liaisons D. Superintendent and Staff 6. Administration & Communications DATE: November 19, 2019 TIME: 6:00 pm LOCATION: 3rd Floor, City Hall, Council Chambers 108 E. Green St., Ithaca Votin Presente No Mayor Myrick No Mayor Myrick No Public No Commissioners No Various Time Allowed 5 min. 15 min. 7. Buildings, Properties, Refuse & Transit A. Recommendation Regarding IURA Conveyance of Yes Nels Bohn, IURA 20 min. Western Portions of the Green Street Parking The Vecino Group Garage for Redevelopment — Resolution A short presentation is planned to explain the plans for the Green Street Parking Garage Redevelopment Project from The Vecino Group. 8. Highways, Streets & Sidewalks 9. Parking & Traffic A. Proposed 2020 Parking Rates — Resolution Yes Supt. Thorne 10 min. The proposed 2020 parking rate resolution is enclosed for the Board's consideration. B. Go Ithaca Commuter Program No Supt. Thorne 15 min. The Downtown Ithaca Alliance and Go Ithaca have submitted a proposal for a new Transportation Demand Management (TDM) Program for the downtown area of the City. 10. Creeks, Bridges & Parks A. Donations and Memorials Policy from PRNC No Supt. Thorne 15 min. Additional reviews are being conducted. The updated draft will be made available at the meeting. 11. Water & Sewer 12. New Business 13. Adjournment Date Created: November 13, 2019 No Yes If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 607-274-6570 at least 48 hours before the meeting. The Board of Public Works meets on the second and fourth Mondays at 4:45 p.m. All meetings are voting meetings, opening with a public comment period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or author invited to attend. 7A. Recommendation Regarding IURA Conveyance of Western Portions o he Green Street Parking Garage for Redevelopment — Resolution WHEREAS, the City of Ithaca owns tax parcel #70.-4-5.2 located a 120 E. Green S as a public parking facility, and ee used WHEREAS, on October 4, 2017, the City of Ithaca Common Council authorized transfer of the Green Street Parking Garage property located at 120 E. Green Street (Tax Parcel #70.-4-5.2) to the Ithaca Urban Renewal Agency (IURA), via an option agreement, for the purpose of structuring a proposed property sale and development agreement with a preferred developer to undertake an urban renewal project subject to approval by the Common Council, and WHEREAS, on December 13, 2018, the IURA designated Vecino Group New York, LLC (Vecino) as the preferred developer to redevelop the west and center sections of the Green Street Garage redevelopment site, and HEREAS, on August 29, 2019, the IURA conditionally approved a Disposition and Development Agreement (DDA) with Vecino for the project that defines the terms for conveyance of the project site and the redevelopment project, and HEREAS, the DDA includes the following terms: 1. Seller: Ithaca Urban Renewal Agency 2. Purchaser: Vecino Group New York, LLC 3. Project Site: West and Center sections of Green Street Garage Site a 2 E. Groan Street 4 Sales Price: $1.00 Major Project Elements: 218 units of affordable housing 49,000 sf conference center 351 public parking spaces (4 -deck vertical expansion of center section Retention of existing 5 -screen cinema Conversion of City Hall surface parking to City Hall Park, and Parking Lease: 30 -year City lease of parking at approximately $2,250/space/year, with City option to re -acquire parking at end of the lease e . 2,000 sq. ft. of ground floor space for DPW use, and WHEREAS, execution of the DDA is contingent upon Common Council approval, who i scheduled to discuss this matter at their December 4, 2019 meeting, and WHEREAS, when public property is being considered for conveyance it is appropriate for the Board of Public Works to advise the Common Council about the impact of the conveyance on public works, and WHEREAS, Vecino proposes to demolish the western section of the Green Street Garage and construct a 4 -deck vertical expansion of the center section, resulting in a total of 351 parking spaces in the center section, approximately equal to the number of parking spaces currently available in the west and center sections, and Page 2 of 5 HEREAS, the parking facility is proposed to be leased to the City of Ithaca for a 30 -year erm, with the right to the City to reacquire the parking facility at the end of the lease term, and WHEREAS, during the parking lease term, the City will operate, maintain and set parking rates of the parking facility, and WHEREAS, continued City ownership of the western section of the Green Street parking garage will require decommissioning or reinvestment in the near future; now therefore be i1 RESOLVED, That the Board of Public Works hereby determines that the conveyance of the west and center sections of the Green Street Parking Garage for conveyance to Vecino to undertake an urban renewal project to include 351 public parking spaces leased to the City o Ithaca does not adversely impact City of Ithaca public works, and be it further RESOLVED, that the Board recommends that the Common Council take timely action to address structural deficiencies identified at the Green Street Parking Garage, including but not limited to, conveyance of the western portions of the parking facility to Vecino for the purposes of undertaking a mixed-use urban renewal project that includes a 4 -deck vertical expansion of the center section of the parking facility. Page "3 of 5 HI I HAM '1, \\\\t, & 1)1‘,IGN.,1'11C November 7 2019 Nels Bohn Director of Community Development Ithaca Urban Rene' ii .,Ngencv 108 E Green Street Ithaca, NY 14850 Via Email: Lofithaca.org Re. „Nsteri — Green Street Garage Redevelopment — PEDC Public I -Tearing Materials Dear Nels: On behalf of the project team, attached please find updated material for the -sten— Green Street Garage Redevelopment project to supplement previously submitted materials. These updates reflect the littest based on our coordination with the IL'R\ and its suhomn itees and staff, and are summarized as follows. b' Project boundary map, showing boundary of parcel to be conveyed to Vecino • Conceptual rendering of project • Conceptual site plans • Current projected project budget estimate by programmatic area These materials will be described further during the upcoming November Planning and Economic Committee( omnnliltL leering Ind Public Hearing for this project. We look forward to our discussion on what we feel is an exciting- proposal. Sincerely, K:ire Chesebrough Scni,,r Designer, Ain Planning 8,-. Design co a sl November J% 1'1111 II 11 mf ;;. Public Hearing Materials' Nave "N` 1ti I \ 1,1 11:VI ILL! 11/\ AN VOHNLI IN3A1d01:1AAOAH 'LS N1St) Li ‘1.1 a cc cy 0 a!: z Z 0 w 57 7 w 0 —z SIN3113A0Hdlnil wb aoocuno 1\1111c130NOD -f))z TE 10/23/2019 0 0 Q — ▪ J EE 0 aw. a L , .., , F - v., 0 Z rt LIJ ,.9 0 Z., ...''' Li ,.. t s - Outdoor CD WOO 0 0 Li Li 7.7 Zn 71.!' Li Li 12J Li ,I LI ',Is N N V Fill I IA AN 'ti3H11 1NWIcialj(kg0A21 3D1RIVU J N'IRI0 IHD.LSV Z SIN30,13/102:1dINI IL b dooaino 1Villd3ON00 cc") 14,4`g trivrij 0, i5"6 4 to' immoir LLI cc t-7 z 0 —J Z 0 z t E 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t "ifr 4rirr, 160 , -71 025 11,14..;4144 o CO MOSTA RENTAL HOUSING DEVELOPMENT BUDGET Green Street Garage PROJECT: NUMBER OF UNITS I-- 0 I— U) 0 C) RESERVES Ui Q z z 0 I- U I N z 0 U ACQUISITION O O O O co O C? 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COST -TOTAL SOURCES 0. 0 I c ) 0 fl August 282O19. Disposition and Development Agreement Green Street Garage Mixed Use Urban Renewal PrMect Section West and Cerlter Sections Ithaca, NY Table •�f Contents Page Purpose of Agreement 1 ii. Relationship to Exclusive Negotiation Agreement iii. The iv. The V. Parties to the Agreement & Developer Disclosures Vi. Purchase Price Vii. City Option and Purchase Agreement viii. Conditions for Sale and ix. Costs and Expenses.......................................................................................7 x. Open Book Xi. Good Faith and Fair xii. Fixtures, Systems and Personal Property ......................................................8 Xiii. Prevailing Wages on Parking Construction... 8 .841.15,0“".(911•01116011"000405,9,“."6416,0.11.999........ xiv. Other Provisions Attachments 1. Proposed Site 2. Project Term Sheet 3. Schedule of Performance Mile tones 4. Standard Housing Unit Plans 5. Ithaca Asteri Apartment Occupancy 6. Site Lease Encumbrances — Theater Space Beneath Green 7. Letter of Intent for Parking Financing 8. Developer's [NA Submission, 6/24/19, including updated 6/27/19 Street Garage Diagram Financing Plan for Parking, dated August 28, 2019 DISPOSITION AND DEVELOPMENT AGREEMENT Green Street Garage Mixed -Use Urban Renewal Project West and Center Sections Property Located at 120 East Green Street, Ithaca, NY WHEREAS, on December 13, 2018, the Ithaca Urban Renewal Agency designated Vecino Group New York, LLC as the preferred developer, and qualified and eligible sponsor pursuant to Section 507 of General Municipal Law, to potentially acquire a portion of Tax Parcel #70.-4-5.2, located at 120 E. Green Street, Ithaca, NY, for the purpose of undertaking an urban renewal project to develop an in -fill, mixed- use project, and WHEREAS, on April 11,"2019, the Ithaca Urban Renewal Agency and the Developer entered into an Exclusive Negotiation Agreement to define a mutually agreed upon urban renewal project and resolve feasibility issues to implement the project, including conveyance of the project site to the Developer, and WHEREAS, on August 29, 2019, the Ithaca Urban Renewal Agency approved a proposed Disposition and Development Agreement ("DDA") to define terms and conditions of the development transaction between the Agency and the Developer, including project elements, business deal points, performance milestones, financial obligations, project schedule and purchase terms. WHEREAS, the DDA is subject to approval by both the Agency and the City of Ithaca Common Council, following completion of environmental review, NOW, THEREFORE, in the consideration of the mutual promises herein contained, the parties do hereby agree as follows: This DISPOSITION AND DEVELOPMENT AGREEMENT ("Agreement" or "DDA") is entered into this day of 2020, by and between the ITHACA URBAN RENEWAL AGENCY, a New York urban renewal agency created pursuant to general municipal law,_ with offices at 108 E. Green Street, Ithaca, NY 14850 (the "Agency" or "IURA" or "Seller"), and VECINO GROUP NEW YORK, LLC, a foreign limited liability corporation authorized to conduct business in New York, with a principal office at 305 W. Commercial Street, Springfield, Missouri 65803 and a New York office at 24 Fourth Street, Troy, New York 12180 (the "Developer" or "Vecino" or "Purchaser"), according to the terms and provisions set forth below. PURPOSE OF AGREEMENT The purpose of this Agreement is to provide for the disposition and development of the Site (as defined below) currently owned by the City of Ithaca and authorized to be transferred to the IURA to implement an urban renewal project in accordance with all applicable laws. This Agreement is designed to achieve the development of the Site in a coordinated and comprehensive manner. The Developer will undertake the development of the Site subject to terms and conditions set forth in this agreement. The economic provisions contained in this Agreement have been negotiated and approved based upon, among other things: (1) the Developer's commitment to provide the capital funds necessary to develop the Project on the Site and to accomplish the specific development obligations set forth in this Agreement, including all of its Exhibits and Attachments, within the times in the manner and for the uses set forth in this Agreement; and (2) the City's undertaking to dispose of the Site to Developer and to meet its other specific obligations as set forth in the Agreement. H. RELATIONSHIP TO EXCLUSIVE NEGOTIATION AGREEMENT This Disposition and Development Agreement is the successor agreement to the Exclusive Negotiation Agreement (ENA) between the Agency and the Developer. Upon Developer execution of the DDA, the ENA is extended for a 75 -day period to seek the following approvals required prior to Agency execution of the DDA: IURA conditional approval of the DDA subject to Common Council approval, following a public hearing on the DDA; Board of Public Works declaration of the Site is surplus for public works purposes; and Preliminary, non-binding determination by Common Council of its intent to approve, modify or reject the DDA. Following the Common Council determination of its intent to approve or modify the DDA in a manner acceptable to the Developer, the ENA is extended for an additional 120 days to complete environmental review, and a further additional 45 days to seek final approval of the DDA by Common Council and Agency execution of the DDA. II. THE SITE The "Site" is that certain real property which is generally shown on the "Proposed Site Plan" included in the Developers ENA submission, dated 6/24/19, and Commitment & Diagram Survey, dated 8/22/19, which are Attachment #1 to this Agreement, subject to mutual agreement of the western boundary the Site by the IURA and Developer. The Site is a portion of that certain parcel of land situated at 120 East Green Street in the City of Ithaca, Tompkins County, New York identified as City of Ithaca Tax Parcel 70.- 4-5.2 consisting of approximately 63,000 square feet, and including the western and central sections of the Green Street parking garage. Upon mutual agreement of the boundaries, and any new encumbrances benefiting the project site or the City of Ithaca, Developer shall purchase from Agency, and Agency shall sell and convey to Developer, the Site in accordance with the terms and provisions of this Agreement. Conveyance of the Site is subject to the following future easements encumbering the Site: Public access easement along the pedestrian walkway between W. Green Street and The Commons; Fire egress easements through the center section of the Green Street Parking Garage benefiting the Center Ithaca property owner; Cross easement between the eastern and center sections of the and pedestrian access in the parking facility; and Public access easement along north side of the Project Site. IV. THE PROJECT parking facility for vehicle Subject to the provisions of this Agreement, Developer shall design, develop, and construct on the Site a high-density, mixed-use urban project ("Project"), which shall include the following components: • 218 housing units affordable to households earning between 50%-80% of Area Median lncome(AMI); • Approximately 356 new and refurbished public parking spaces located in the center section of the garage; • A 49,000 sq. ft. conference center with street -level active use • 2,000 sq. ft. of DPW lease space; • retention of the Cinemapolis movie theater; and, • Retention and improvement of the public pedestrian connectors including the north -south connector between E. Green Street and The Commons (known as Home Dairy Alley) and the east -west connector between City Hall and Home Dairy Alley. In the event that the Developer and IURA mutually determined the conference center was not be financially viable for inclusion in the Project as of January 23, 2020, the project will be modified to exclude the conference center and increase the residential count to 273 units (all of which units shall be affordable to households earning between 50% and 80% of the AMI) and provide a minimum of 9,000 sq. ft. of ground floor commercial use. The Project shall further conform to the DDA Term Sheet (Attachment#2) and the Developer's ENA Submission, dated 6/24/18, as updated through August 29, 2019 (Attachment#7) and the Schedule of Performance Milestones (Attachment#3). The Developer's ENA submission includes specific project information on site plan, information, project element updates, finance plan, construction plan, compliance, and housing categories of the Project. Updates to the ENA Submission materials after the date of Developer execution of the ENA Submission may be accepted by the Agency at their sole discretion. The IURA is authorized to approve modifications to the Project upon written request. The parties acknowledge that the exact scope, size, exact number of housing units, and other aspects of the Project are subject to Developer's receipt of entitlements and permits from the City, execution of a parking lease agreement with City, receipt of sufficient financing from various New York State agencies to construct affordable housing, and receipt of financing commitments for the conference center. Subject to the terms and provisions of this Agreement, Developer shall commence application for entitlements and construction of the Project as stated in the Schedule of Performance and shall thereafter diligently prosecute construction of the Project to completion. PARTIES TO THE AGREEMENT DEVELOPER DISCLOSURES The Agency The Ithaca Urban Renewal Agency is a New York urban renewal agency created pursuant to general municipal law, with offices located at 108 E. Green Street, Ithaca, NY 14850. B. The Developer The Developer is Vecino Group of New York, LLC, a foreign limited liability corporation authorized to conduct business in New York, with a principal office located at 305 W. Commercial Street, Springfield, Missouri 65803 and a New York office located at 24 Fourth Street, Troy, NY 12180. C. Principals of the Developer The principals of the Developer are as follows: James Matthew Miller, CEO (42.5% interest) Richard Gerald Manzardo, President (42.5% interest) Kim Eileen Buche, CFO (15% interest) D. Developer Point of Contact The Developer has designated the following person(s) to negotiate the DDA with the Agency, and to engage in activities necessary to determine the feasibility of the Development: Richard Gerald Manzardo, President Developer Disclosures The Developer is required to make full disclosure to the Agency of its principals, officers, stockholders, partners, joint venturers, and all other pertinent information regarding the Developer and its associates. Developer Assign en Developer represents that its rights, obligations, and duties under this Agreement shall not be assigned in whole or in part, without prior written authorization of the IURA, except as follows: Developer may assign this Agreement to an affiliated entity to be formed, having the same principals as Vecino Group New York, LLC, upon submission by Developer to the Agency of the following information: The name and address of the designee, its Certificate of Incorporation and by-laws,= if a corporation, or its Articles of Organization and operating agreement, if a limited liability company; and Identification in writing of the Manager(s), Member(s) and all persons or entities with a 15% or more ownership interest in the assignee. VI. PURCHASE PRICE The total purchase price for the Site shall be One and 00/100 U.S. Dollars ($1.00), for and in consideration of the mutual covenants hereinafter contained, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged. In consideration of this purchase price, the Developer agrees to continue the obligations under this Agreement. VII. CITY OPTION AND PURCHASE AGREEMENT The conveyance shall be subject to a purchase and option agreement executed with the City of Ithaca to acquire the center parking section on the Site at the end of the City parking lease term at a total purchase price equal to the outstanding principal balance of debt issued to construct, repair, maintain or improve the parking garage. VIII. CONTINGENCIES FOR SALE AND PURCHASE This Agreement shall be subject to the following contingencies. Agency and Developer agree to work diligently and in good faith to satisfy contingencies for sale and purchase of the Site. If any of the contingencies are not met within the time frames set forth, or any extension of such time frames agreed to by the parties in writing, either party will have the right to terminate this Agreement by delivery of written notice of such termination to the other party. Each party must deliver any such notice of termination to the other party no later than thirty calendar days after the last day of the time period stated for the respective condition. In the event that either party delivers such notice of termination to the other party, and notwithstanding any other term or provision of this Agreement, this Agreement shall be deemed null and void and of no further force or effect. The Chairperson of the Agency is hereby authorized to grant time extensions of up to 60 days to satisfy any contingency for sale and purchase of the Site. A. Contingencies To Be Met by Agency Public Authorities Reform Act Contingency. Within sixty (60) days from the date of this Agreement, Agency shall have complied with the requirements of the Public Authorities Reform Act (PARA) to notify the NYS Authority Budget Office of the sale of real estate with a fair market value of more than $100,000.00, pursuant to section 2897(6)(d) of PARA at least ninety (90) days before the closing of the transaction. Consent from Cayuga Green LLC Contingency. Within ninety (90) days from the date of this Agreement, Agency shall have received written consent from Cayuga Green, LLC, the lessee of the cinema lease premises, for any planned construction activities that unreasonably interfere with lessee's or lessee's subtenants' use and occupancy of the cinema lease space, such as temporary dislocation. Consent from M&T Bank Contingency. Within one hundred twenty (120) days from the date of this Agreement, Agency shall have received written consent from M&T Bank to discharge or modify their leasehold mortgage on the Green Street garage premises to allow conveyance of the Site to Developer. The leasehold mortgage acts as security for civic facility revenue bonds issued in 2003 for the Cayuga Green project. Lease Contingency. Within three hundred forty-five (345) days of the date of this Agreement, Developer shall have received from Agency an executed parking lease agreement with the City of Ithaca satisfactory to the Developer at the Developer's sole discretion. B. Contingencies to be Met by Developer Superintendent of Public Works Contingency I - Within thirty (30) days from the date of this Agreement, the City of Ithaca Superintendent of Public Works, or their designee, shall have received preliminary construction documentation from Developer regarding the structural construction method to vertically expand the parking garage and provided a written notice to proceed with the structural construction method proposed based on evaluation of cost, schedule, constructability and on-going maintenance over the 30 -year lease period. Examples of differing structural construction methods are post -tension cast -in-place concrete and pre -cast concrete. City Controller Contingency — Private Financing of Parking Component. Within two hundred seventy (270) days from the date of this Agreement, City Controller shall have received from Developer a copy of the proposed private financing commitment for the approximately 350 space parking garage to be leased by the City of Ithaca t and provided written confirmation that the interest rate and terms are acceptable. Site Plan Approval Contingency. Within two hundred seventy (270) days of the date of this Agreement, Developer will have received from the City of Ithaca Planning and Development Board site plan approval for the project. 4 Subdivision/Lot Line Adjustment Approval Contingency. Within two hundred seventy (270 days of the date of this Agreement, Developer will have received from the City of Ithaca Planning and Development Board any subdivision approval necessary for the Agency to convey the Site to the Developer. Agency shall authorize Developer to act as Agency's representative. Payment -In -Lieu of Taxes Contingency. Within two hundred seventy (270) days from the date of this Agreement, the Tompkins County Industrial Development Agency will have approved a PILOT agreement for the Project satisfactory to the Developer at the Developer's sole discretion. 6. Proposed Parking Lease Contingency. Within three (300) days from the date of this Agreement, the City shall have received a proposed parking lease agreement with the Developer. 7. Superintendent of Public Works Contingency II - Within three hundred thirty (330) days from the date of this Agreement, the City of Ithaca Superintendent of Public Works, or their designee, shall have received detailed construction documents from the Developer regarding the construction and renovation of the center section of the garage and provided a written notice to proceed with the proposed construction design. 8. Total Project Financing Contingency. Within three hundred sixty (360) days from the date of this Agreement and prior to conveyance of the Site, Agency shall receive from Developer (A) an itemized final development budget for the Project, and (B) proof of written commitments of financing and any required equity in amounts sufficient to fully fund the development budget, in a form and substance satisfactory to the Agency. Demolition Permit Issuance Contingency. Within three hundred seventy-five (375) days of the date of this Agreement, Developer shall have received from the City of Ithacan demolition permit to demolish the western section of the Green Street parking garage. 0. Building Permit Issuance Contingency. Within four hundred twenty (420) days of the date this Agreement, Developer shall have received from the City of Ithaca a building permit authorizing vertical expansion of the center section of the Green Street parking garage. This provision shall not be construed to obligate the City to issue the permit. IX. COSTS AND EXPENSES Each party shall be responsible for its own costs and expenses in connection with any activities undertaken in connection with this Agreement. OPEN BOOKS Developer agrees to share information regarding the public parking and conference center components of the project on an open book basis, no later than three (3) business days from a written request from the Agency, including but not limited to review of all underlying assumptions and data associated with the development budget, schedule of values, payment requests, pricing and compensation. XL GOOD FAITH AND FAIR DEALING of The parties recognize that the successful planning and execution of the Project, and their respective ability to perform their obligations under this Agreement, will require extraordinary cooperation among them. Accordingly, the Agency and Developer agree to operate in good faith and fair dealing throughout the term of this Agreement, including (1) each will cooperate to facilitate the other's performance, (2) each will avoid hindering the other's performance, (3) each will respond promptly and completely to reasonable requests of the other, (4) each will proceed to fulfill its obligations under this Agreement diligently and honestly, and (5) each will cooperate in the common endeavor of completing the performance of this Agreement and the consummation of the transaction contemplated by this Agreement in a timely and efficient manner. XII. FIXTURES, SYSTEMS AND PERSONAL PROPERTY Agency and Developer acknowledge that the City of Ithaca maintains various parking equipment and fixtures on the Site, including but not limited to parking access control system, pay stations, security cameras, and two-way video intercoms. The City will retain title to such fixtures, equipment and personal property existing on the Site at the time of conveyance. XIII. PREVAILING WAGES ON PARKING CONSTRUCTION The public parking component of the project is presumed to qualify as a public work project unless the NYS Bureau of Public Works makes a different determination based on project details. A public work project requires New York State prevailing wages be paid to all workers employed on the public work project. The construction contract for any public work project must include the prevailing wage and supplement schedule. The Developer shall incorporate NYS prevailing wages in the development budget for the public parking component of the project and is responsible to comply with all requirements of a public works project. In the event the NYS Department of Labor imposes any fines or fees on the City of Ithaca or the Agency regarding construction of the parking component by the Developer, the Developer agrees to reimburse such expenses. XIV. OTHER PROVISIONS A. Seller Representations Agency represents, covenants and warrants to Developer as follows: The Property is in compliance with all applicable zoning ordinances and all other codes, ordinances, laws, regulations and requirements of any governmental authority or body having jurisdiction, and Seller has not received any notice of any failure of the Site or any o the improvements thereat to be in compliance with applicable zoning or other codes, ordinances, laws or regulations. Pursuant to the Exclusive Negotiation Agreement Developer, the Developer was obligated to have obtained written results of a Phase 1 Environmental Site Assessment (ESA) and authorized to conduct further on-site investigation to determine if the Site's environmental condition is satisfactory. To Agency's knowledge, there have never been any and currently there are no hazardous or toxic materials, substances, chemicals or wastes located, stored, produced or present at, on, about or under the Site or the lands immediately adjoining the Site, and there exist no underground storage tanks on the Site; if any underground storage tanks formerly existed on the Site, such tanks, and any residue therefrom, were removed in accordance with applicable law; and no condition exists on the Site in violation of any applicable Federal, State or local law, regulation, ordinance, rule, code or order relating to protection of the environment or to the production, storage, containment or disposal of a hazardous or toxic substance. 4 . There is no pending litigation in any way involving the Site, or any portion thereof, and there exists no requirement of any insurance carrier or mortgagee of the Site that work be performed on the Site, which requirement remains outstanding. Agency's sale of the Site in accordance with this Agreement shall not violate or conflict with any provision of any agreement by which Agency is bound. A portion of the Site is encumbered by a lease with Cayuga Green, LLC for the 10,883 sq. ft. cinema lease space that will survive the conveyance. :Additionally,the City of Ithaca utilizes a storage room and toilet room located adjacent to the cinema lease space, including rooms G04, G05, and G06, totaling approximately 660 sq. ft. The conveyance shall be subject to a lease with the City of Ithaca at no rent for these premises. Lease encumbrances are shown on Attachment #5. 6 The premises is encumbered by a sublease to Community Development Properties, Inc., an assignment of the sublease and a leasehold mortgage granted to M&T Bank to secure Cayuga Green bonds issued in 2003. A condition for closing the transaction is to gain consent from M&T Bank to release or modify the leasehold mortgage. There are no pending or, to the knowledge of Agency, threatened claims for labor performed, materials furnished or services rendered in connection with constructing, improving or repairing the Site with respect to which liens may or could be filed against the Property. Agency has paid or will pay prior to the closing, in the ordinary course of Agency's business, all bills, taxes, assessments and other payments due in connection with the ownership, operation, construction, repair and maintenance of the Site: None of the representations of Agency in this Agreement contains any untrue statement of a material fact or omits to state a material fact necessary in order to make any representation contained herein not misleading in light of the circumstances in which such representation is made. 0. The representations set forth in this Section are true and correct as of the date of this Agreement, shall be deemed to be repeated as of closing and shall survive the closing. 11gi From the date of this Agreement through the date of closing, Agency will not take any action nor fail to take any action that is likely to cause any of Agency's representations to cease to be accurate. If any of these representations fail or cease to be accurate, Developer may, at Developer's sole discretion, terminate this Agreement upon delivery of written notice to Agency or Agency's attorney. B. Leases Between the date of this Agreement and the date of closing, Agency shall not enter into any leases of the Site or any portion thereof, nor any amendment or extension of any current lease other than with Developer's prior written consent. C. Closing Papers Agency will provide the existing abstract for the Property to Developer upon request. Developer shall be responsible for obtaining an updated abstract and survey at its own expense. Agency is required to furnish a warranty deed with lien covenant containing a description o the premises to be conveyed to Developer, as shall be accepted and approved by Developer's attorney free and clear of all encumbrances, containing a trust fund clause as required by Section 13 of the Lien Law; and tax searches. The parties shall cause all required searches, documents, and certifications obtained by each party herein to be delivered to the other party's attorney at least 15 days prior to closing. 4a 'If the Developer or the Agency's attorney has any objections to the marketability of the title of any of the Property, the Developer's attorney shall furnish the Agency's attorney with a written statement of objections thereto, and Agency shall then have ten (10) business days in which to make said title marketable. In the event that the Agency is unable to do so, the Developer may accept whatever title the Agency is able to convey or choose to cancel and terminate this Agreement, and in such event neither party shall have any further liability to the other hereunder. D. Taxes and Assessments AGENCY guarantees that, with the exception of the cinema lease premises, the Site is wholly exempt from all real property taxes and none shall be due and owing as of the date of closing. Possession and Closing Possession shall be governed by satisfaction of contingencies contained in this agreement and any separate lease agreement or pre -possession agreement between the Agency and Developer. The closing shall take place as soon as possible, but no later than 400 days after the date of this Agreement ( day of ,2021), unless an extension is granted by Agency. Adjustments Current taxes, water charges, rents and assessment fees shall be adjusted as of closing. 10 I' G. Conditions of Property and Risk of Loss The parties agree the Site shall be conveyed and accepted in its "as -is" condition. Agency shall bear the risk of loss to the Site from the date of this Agreement to the date of closing in accordance with applicable New York State law. H. No Waive The failure of either party to enforce at any time the provisions of this Agreement or to exercise any option provided herein, or to require the performance of any of the provisions of this Contract, shall not be construed to be a waiver of such provisions. Such failure shall not affect the validity of this Agreement in whole or part, or the right of each party to enforce each and every part of this Agreement at a later time. Binding Nature of Agreement This Agreement shall be binding upon the parties hereto and upon their respective successors and/or assigns. All representations, covenants and warranties set forth in this Agreement shall be deemed to be repeated as of the date of closing hereunder. No Broker Both Developer and Agency both acknowledge that no real estate broker has been involved in this transaction and that no sales commission or other fees are due. . Notices Any notices required or desired to be delivered in connection with this Agreement shall be delivered by hand or by United States first-class mail, postage pre -paid, or by nationally recognized overnight delivery service to the parties at their addresses set forth above, and in the case of any notices to the Agency, with a copy to Mariette Geldenhuys, Esq., 401 East State Street, Ithaca, NY 14850. 1. Attachments & Exhibits All attachments and exhibits to this Agreement are incorporated into this agreement and create material obligations of the parties. . Governing Law and Jurisdiction This Agreement shall be governed in all respects by the internal laws of the State of New York as applied to agreements entered into among New York residents to be performed entirely within New York. The parties hereto agree that the exclusive venue and place of trial for the resolution of any disputes arising in connection with the interpretation or enforcement of this Agreement shall be Supreme Court, Tompkins County in Ithaca, New York with venue in Tompkins County, New York. 11 I N. Date of Agreement The date of this Agreement shall be deemed to be the date that a fully executed counterpart of this Agreement is executed by the Agency. 0. Counterparts and Electronic Execution This Agreement may be executed In any number of counterparts, each of which shall be enforceable against the parties actually executing such counterparts, and all of which together shall constitute one instrument. Execution and/or delivery of counterparts of this Agreement in electronic format, whether via facsimile, a -mail, or otherwise, will have the same legal effect as execution and/or delivery of original paper counterparts. ." ; Severability In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without said provision; provided that no such severability shall be effective if it materially changes the economic benefit of this Agreement to any party. Q. Titles and Subtitles The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. R. Assignment of Agreemen Developer represents that its rights, obligations, and duties under this Agreement shall not be assigned in whole or in part, without prior written authorization of the IURA at its sole discretion, except as follows: Developer may assign this Agreement to an affiliated entity to be formed, having the same principals as Vecino Group New York, LLC, upon submission by Developer to the Agency of the following information: The name and address of the assignee, its Certificate of Incorporation and by-laws, if a corporation, or its Articles of Organization and operating agreement, if a limited liability company; and Identification in writing of the Manager(s), Members) and all persons or entities with a 15% or more ownership interest in the assignee. . Worker's Compensation and Disability Insurance As a condition for entry into this Agreement, Developer shall present evidence to the IURA that Developer provides the minimum levels of workers' compensation and disability insurance coverage required by the State of New York, or that such coverage is not required T. Entire Agreement This Agreement is the entire agreement between Seller and Purchaser concerning the subject matter hereofNo prior representation or agreement shall be binding on the parties, other than as set forth herein, and no modification of this Agreement shall be binding unless in writing and executed on behalf of the party to be bound. IN WITNESS WHEREOF, Agency and Developer have executed this Agreement as of the date set opposite their signatures. DEVELOPER: cino Group NY, LLC By: \~-- Date: '�"�v =--' � Rick Manzardo, President AGENCY: Ithaca Urban Renewal Agency By: Date: Svante 1. Myrick, Chairperson Attachments to Agreement: 1. Proposed Site plan Z. Project Term Sheet 3. Schedule of Performance Milestones 4. Standard Housing Unit Plans, 7/9/19 S. Ithaca Asteri Apartment Occupancy, 7/19/19 6. Site Lease Encumbrances —Theater Space Beneath Green Street Garage Diagram 7. Letter of Intent for financing, Mesirow Financial, 6/24/19 O. Developer's ENA Submission, 6/24/19 including updated Financing Plan for Parking Component, 6/27/19 Aplanning\ community development \dispositions\ green garage\agreements\dda \dda dated 8-28-18 approved by iura 8-29-19Aocx Latest revision: 8/23/19 Project Term Sheet Green Street Garage Mixed -Use Urban Renewal Project — West & Center Sections GENERAL TERMS Vecino DDA Parties • Vecino Group New York, LLC ("Vecino" or "Developer"), a foreign limited liability corporation • Ithaca Urban Renewal Agency ("IURA"), a New York urban renewal agency Purpose The purpose of this Agreement is to provide for the disposition and development of the project site in compliance with a City of Ithaca Common Council approved urban renewal project for a mixed-use redevelopment including public parking, affordable housing, and either a conference center with street level active use or ground floor commercial use with street level active use. This Agreement is designed to achieve the development of the Project Site in a coordinated and comprehensive manner. The Developer will undertake the development of the Site subject to the terms and conditions as more set forth in this Agreement. Project Site Portion of property tax parcel #70.-4-5.2 containing the western and center sections of the Green Street parking garage. Clarification of western bou ndary needed. Sales Price $1.00 in recognition of affordable housing to be developed at the Project Site. Conditions for Conveyance of Project Site 1. Consent from Cayuga Green, LLC regarding construction impacts on cinema lease 2. Consent from M&T Bank regarding leasehold mortgage 3. Consent from Superintendent of Public Works regarding parking structural method 4. Consent from City Controller regarding proposed financing terms for the parking component S. Site plan approval 6. Subdivision/|ot|ineadjustmen1appnova|,ifnecessory 7. Consent from Superintendent of Public Works regarding parking construction plans O. Execution of parking lease with City of Ithaca 9. Proof of project financing, including equity 10. Building permit issuance to demolish western section of garage Reference Documents Terms and conditions of the development transaction shall comply with submissions from Vecino attached to this Agreement, including but not limited to project elements, finance plan, construction plan, logistic plan, compliance with public policy Page 1 of 8 objectives and commitments made in the response to the RFP. Any conflict between submissions shall be resolved in favor of the most recently dated submission. Any conflict between Vecino submissions and the DDA shall be resolved in favor of the DDA. Attached Vecino submissions include but are not limited to, the following documents: • ENA submission, 6/24/19 Letter of Intent for financing, Mesirow Financial, 6/24/19 Financing Plan for parking component, 6/27/19 Standard Housing Unit Plans, 7/9/19 Ithaca Asteri Apartment Occupancy, 7/19/19 Open Books Cost of Development and Construction Cinemapolis Mitigation Plan Site Perimeter Improvements The IURA has the right at all reasonable times to inspect the books and records of the Developer pertaining to the Project and Developer shall not unreasonably withhold requested project information, including but not limited to market studies, construction documents, submittals, and construction expenses. The IURA shall not disclose any proprietary or confidential information subject to NYS Freedom of Information Law. The cost of developing the site and constructing all improvements shall be borne by the Developer. The IURA, City and Developer shall each pay the costs necessary to administer and carry out their respective responsibilities and obligations under this Agreement. Developer shall budget for, and implement, an IURA-approved plan to minimize and mitigate impacts of construction on the occupancy of the cinema lease premises located under the center section of the Green Street parking garage. This lease premise is leased to Cayuga Green, LLC, whose tenant is 7th Art Corporation, Inc. DBA Cinemapolis. The goals of the mitigation plan are (1) to minimize the period of temporary displacement, (2) schedule displacement -causing construction to occur at times that reasonably minimize impact on the business, and (3) provide for the lessee and tenant to be made financially whole from the direct financial impacts of any temporary dislocation,(3) incorporate physical improvements in the Project to retain financial viability and vitality after reestablishment of the displaced business on the Project site. Developer shall incorporate into the project site plan application IURA-approved schematic plans for outdoor site improvements for landscaping, art, parking, lighting, and improvements proposed for the perimeter pedestrian areas including the extension of Home Dairy Alley, the 12' east -west ROW on the northerly portion of the Project Site and the westerly area adjacent to City Hall. The plans shall clarify who is responsible to fund and maintain such improvements. HOUSING COMPONENT TERMS Vecino DDA Deliverable 218-273 unit housing project affordable to households earning between 50%-80% of Area Median Income (AMI) Projected Unit Count Preferred: 218 (includes conference center in project) Alternate: 273 (if a conference center financing plan to be not viable by 1/23/20 as mutually agreed by IURA and Vecino) Projected Units by Size Preferred Studio: 20% 1 -bedroom: 62% 2 -bedroom: 13% 3 -bedroom: 5% Alternate 2.2(273 units) Studio: 20% 1 -bedroom: 62% 2 -bedroom: 13% 3 -bedroom: 6% Note: subject to results of market analysis report and negotiations with NYS HCR Projected Units by Income Band Preferred 50% AMI: 19% 60% AML: 71% 80% AMI: 10% Alternate 2.2 (273 units) 50% AMI: __19% 60% AMI: 71% 80% AMI:, 10% Note: subject to results of market analysis report and negotiation with NYS HCR Unit Sizes Compliance with Design Handbook, NYS Homes and Community Renewal (HCR) applicable to 9% LIHTC projects but not necessarily applicable to 4% LIHTC projects, hereinafter referred to as the "HCR Design Handbook". Accessibility Visitability: all units Adaptable: all units Accessible: 5% plus 2% for visual/hearing impaired Natural Light Compliance with HCR Design Handbook (all habitable rooms to include natural light (minimum of 8% of floor area). Page 3 of 8 Kitchen Counter Top Compliance with HCR Design Handbook (4.5 — 7.0 linear feet depending on unit size) Kitchen Shelving Compliance with HCR Design Handbook (25 — 40 linear feet depending on unit size) Bedroom Size Compliance with HCR Design Handbook and City of Ithaca Housing Standards (minimum of 80 sf habitable space for 1-person occupancy and 120 sf habitable space for 2-person occupancy) Bedroom Storage Minimum 3'10" to 4'10" by 2" closet system with shelf and rod (no closet door) Entry Storage for Outerwear Excluded to minimize public subsidy needed, though proposed in-unit bulk storage will provide storage for outerwear Bulk Storage Compliance with HCRF Design Handbook (10 sf for efficiency, 20 sf for 1- and 2-bed units, and 25 sf for 3-bed units). Laundry Common laundry facilities on at least every other floor Community Room Compliance with HCR Design Handbook (at least 750 sf) Property Manager CRM Rental anagement, Inc. or other firm approved by IURA. Residential Property Management 1. Minimum management fee: $120,000/year or 6.0% of gross residential rents, whichever is greater 2.On-site management office: required 3. On-site superintendent residential unit: required 4;' Minimum on-site staffing level: 60 hours/week for residential management and an additional 60 hours/week for residential maintenance 5. Annual consultation with IURA on property management performance at IURA's option . Required resident and adjacent property owner survey conducted within 12-24 months of opening, with joint IURA/Vecino meeting to review responses. PARKING COMPONENT TERMS Vecino DDA Deliverable 356 space parking facility in Center section of the existing Green Street parking garage, including a 4 -level expansion of Center section and renovation of existing center section parking. The project shall be designed to equal or exceed the features, quality, and quality of the existing lower decks when they were completed in 2010. Lessor Vecino Group of New York, Inc. Lessee City of Ithaca Lease Terms 30 -year lease subject to mutually acceptable terms. Rent Minimal amount sufficient to amortize debt for development of the parking component over 30 -years, preliminarily estimated to be $2,000 per parking stall per year ($712,000/year), fixed, based on an assumed $12,600,000 development cost and $1,000,000 of subsidy to be secured. Right to Re- Acquire at End of Lease Term ' City option to re -acquire the garage at the end of the 30 -year term for $1 plus the outstanding balance of any City -approved debt incurred for the parking component during the lease period. Contingency if Financing Costs are Excessive If proposed financing costs are deemed by the City of Ithaca to be excessive and result in a parking rent rate exceeding $2,000/parking stall/per year, the IURA may withhold conveyance of the Center section of the garage to the Developer for the City to construct the parking component itself. Design The parking component shall be architectural compatible with the with existing Center parking Elevator Addition of a second passenger elevator from the ground floor to the top parking deck shall be included in the project design LED Lighting Existing ceiling lighting in the garage shall be upgraded to LED lighting. Construction Method The proposed structural construction method proposed by the Developer to vertically expand the parking facility shall be approved by the City of Ithaca Superintendent of Public Works prior to developing detailed construction plans based upon the following evaluation criteria: cost, schedule, constructability, and on-going maintenance over the 30 -year lease term. Construction Plans The Developer shall obtain consent from the City of Ithaca Superintendent of Public orks of construction documents prior to final bidding of construction. Parking Technology The project budget shall include a budget allowance determined by the City for City - designated parking technology, such as automatic vehicle counting systems and programmable electronic signage. Page 5 of 8 Costly Repair & Maintenance Reserve Fund The project budget shall include a costly repair and maintenance reserve fund which expenditures are approved at the request of the Lessee (City). The fund shall be capitalized as follows: 1. Any project surplus between actual costs incurred and projected project budget at project completion, including but not limited to any remaining balances in the: A. Construction contingency account, and B. , Soft cost contingency account. 2. Rent received from lease agreement with Cayuga Green, LLC for the Cinema lease premises (approximately $39,000 in 2019). Public Works Status The parking project shall comply with requirements for a public works project, including prevailing wage requirements, unless consent is received from the City of Ithaca. Parking Mitigation Plan A parking mitigation plan for construction workers, materials and vehicles shall be submitted by Vecino and approved by the Director of Planning & Development prior to ' commencement of construction or demolition work. The City of Ithaca shall be responsible for developing a parking mitigation plan during temporary closure of the garage (anticipated to be 150 days). Construction -- Schedule The Developer shall begin and complete all construction and development within the times specified in the Schedule of Performance attached to this Agreement, subject to extensions for any periods of delay mutually agreed upon by the parties. Completion — Turn Key At commencement of the lease, the parking component shall be in full compliance with all applicable codes for occupancy and ready for public parking, including striping and numbering of all parking stalls and installation of internal way finding signage. City Role in Construction I The City, as long-term lessee, shall be provided with sufficient Project information to monitor construction, project costs, and compliance with applicable codes and regulations for the parking component of the Project. All construction documents, including subcontracts, change orders, submittals and shop drawings shall be submitted to a City representative on a timely basis. The developer shall respond in writing to any concerns raised by the City representative regarding these documents. The Developer shall obtain consent from the City of Ithaca Superintendent of PublicWorks of construction documents prior to final bidding of construction. At least once a quarter during construction of the project, the Developer shall organize and schedule a construction progress meeting to discuss and evaluate the progress and status of construction of the parking component of the Project and resolve outstanding issues. The meeting shall include representatives from the Developer, the general contractor, and the City, and shall be scheduled at such time as are mutually satisfactory to all parties. At least three (3) business days prior to the meeting, the Developer shall submit to the City a written progress report of the construction. The report shall be in such form and detail as may reasonably be required by the City and shall include a reasonable number of construction photograms taken since the last report submitted by the Developer. If construction cost savings are realized, 90% of the savings shall accrue to the City in the form of reduced rent or flow into the costly repair and maintenance fund at the City's discretion. Parking Access Control Equipment Existing parking access control and revenue equipment is owned by the City and shall be excluded from any property conveyance to the Developer. The City shall remain responsible for owning, operating, and maintaining parking access control equipment, including booths and pay stations, as well as any other equipment on the Site at the time of conveyance. CONFERENCE CENTER/STREET-LEVEL ACTIVITY COMPONENT TERMS Vecino DDA Deliverable Approximately 49,000 sf conference center in design and finish acceptable to lessee Lessor Vecino Group of New York, Inc. Lessee TBD Receipt of Financing Plan By January 30, 2020, the conference center sponsor shall submit a financing plan for the conference center to the Agency and Developer. Viability of the conference center financing plan shall be evaluated by Developer and IURA as of January 22, 2020. If mutual agreement of the parties is that the financing plan is not viable then the alternative ground floor plan shall substitute for the conference center component. Determination of Viability of Financing Plan As soon as reasonably possible after receipt of the proposed financing plan, Viability of the conference center financing plan shall be evaluated by Developer and Agency shall evaluate the financing plan to determine if the plan is viable to secure project funding without unreasonable delay. If mutual agreement of the parties is that the financing plan is not viable, then the project will be modified to the Alternative Project. Alternative Plan Ground floor: A minimum of 9,000 sq. ft. of commercial uses, including a minimum of 6,000 sq. ft. of retail use unless consent is granted by the !URA for alternative use. Upper floors: residential use. DPW A minimum of 2,000 sq. ft. of space shall be made available for lease to the City for Department of Public Works at terms acceptable to the City. 9A. Proposed 2020 Parking Rates -Resolution WHEREAS, the Board of Public Works has considered the proposed 2020 rates for municipal parking facilities in order to meet the adopted 2020 budget revenue project on, and WHEREAS, the following chart contains the entire rate structure for all rates within the City fo 2020, and RESOLVED, That the Board of Public Works hereby adopts the proposed 2020 parking rates as follows in the attached table; and, be it further, RESOLVED, That all rates shall go into effect Janua 1, 2020 and shall remain until the Board of Public Works directs otherwise. Monthly Permits Actual 2019 Rates Effective 1/1119 Proposed 2020 Rates Effective 1/1/20 Amount Changed Seneca Garage, Day and Night All Levels, Full Access $100.00/mo $100.00/mo No increase All Levels, Full Access (24/7) $100.00/mo $100°00/mo No increase 2.13% increase CPI Contract with Hotel' $58.95/mo $60.20/mo 2.13% increase CPI 2.13°I° increase CPI Contract with Cascade Plaza, LLC $100.00/mo $100.00/mo No increase Green Street Gara.e, Da and Ni ht uga Street Garage, Day and Night All Levels, Full Access $100.00/mo $100.00/mo No increase Contract with Cascade Plaza, LLC2 $580101mo $59.34/mo 2.13% increase CPI Ca uga Street Garage, Day and Night All Levels, including Iong-term storage $73.00/mo $75.00/mo 3°I° increase Worker's Special (M -F/10 hrs/day, 210 hrs/mo) $60.00/mo $62.00/mo 3°1° increase Contract Cornell Rate $55.80/mo $56.99/mo 2.13°I° increase CPI Contract with County (Library)3 $73.00/ mo $75.00/mo % increase TC 5 $64.24/mo $66.00/mo 88% of posted rate Premium Area Rates $131.00/mo $135.00/mo 3% increase Dryden Road Garage Full Access (24/7) $200.00/mo $200.00/mo No increase Worker's Special (210 hrs/mo) $159.50/mo $159.50/mo No increase Part time Special (24/7, 105 hrs/mo) $86.50/mo $86.50/mo No increase Overnight Only Special (M-F/6pm-9am/ Free Weekends) $159.50/mo $159.50/mo No increase Primo Part time Special (24/7, 68 hrs/mo) $56.50/mo $56.50/mo No increase Other Non -Meter Permit Parking Contract with County (DSS)3 $54.00/mo $55.621mo increase Page 4of5 611 Buffalo St. Parking Lot Permit $30.00/mo $30.00/mo No increase Hourly Rates4 Actual 2019 Rates Effective Proposed 2020 Rates Effective Amount Weekly Rates ; 1/1/19 1/1/20 Changed Seneca Garage, Day and Night $33.00 $33.00 No increase Green Street Garage, Day and Night $33.00 $33.00 No increase Dryden Road Garage, 24 Hours $61.00 $61.00 No increase Hourly Rates4 Actual 2019 Rates Effective 1/1/19 Proposed 2020 Rates Effective 1/1/20 Amount Changed Seneca, Green, Cayuga Street Garages5 Per hour $1/hour $1/hour No Change Maximum $10/day $10/day No Change en rtoaa vara.e 0-24 Maximum $1/hour $15/da /hour 5/da No increase No Chane S.ecial Event Rate ;weekend da , entrance fee, 24 hour arkin Downtown ara.es No Chane Parkin eters and Pa and Dissla Surface Lot: Green Street Gara.e Downtown Collegetown Thurston & Stewart Ave. Edgemoor $2.25/hour No max. $1.50/hr 2 hr. max. $1.50/hr 2 hr. max. $0.75/hr 9 hr. max. $2.25/hour No max. $1.50/hr 2 hr. max. $1.50/hr 2 hr. max. $0.75/hr 9 hr. max. No Chane No Chane No Chan No Chane Foot Notes 1 — Volume discount rate for 104 spaces - see contract dated June 6 2006 Rate adjustment annually on 8/1 based on average increase in other rates, but not more than 3% 2 Up to 100 permits in Seneca Street Garage at posted rate (except handicap permits, are at special Cayuga Garage rate), up to 20 permits in Green Street Garage (these permits will not be usable at any other garage), up to 150 permits in Cayuga Street Garage, total not to exceed 250 permits. Right to purchase additional 150 permits at posted rates— see contract dated June 6, 2006. Rate to change for first 250 permits after August 1, 2007, "from time to time" based on percentage change in the CPI between adjustment dates. 3 — Commencing in 2015, the rate for County's Mental Health and Library employees is 100% of the market rate. 4 - Fees charged: Do nto n garages 2:00 a.m. to 11:00 pem.; onday through Friday: Dryden Road garage, 24 hours / 7 days. 5 — The City has an agreement with TC3 that allows TC3 to issue passes for students, clients, and customers, for which the City charges TC3 88% of posted rates for the accumulated parking fees. Go Ithaca Commuter Program CONTEXT: Go Ithaca is launching a commuter benefits program for downtown employees to reduce the number of single occupancy vehicles in downtown garages. Go Ithaca is working with CCT, TCAT and other local transportation providers to encourage commuters to use alternative modes of transportation, thereby reducing the number of single occupancy vehicles in the downtown core. Go Ithaca and its partners have developed a pricing model in which the partner and Go Ithaca both contribute 25% discounts, thus leaving a 50% price to the customer. This is the model for almost all of our offerings. GO ITHACA COMMUTER BENEFIT PACKAGES Wonderful Walker Beautiful Bicyclist Trusty Transit Rider Crafty Cayuga Carpooler Gorges Green Carpooler or Stellar Seneca Carpooler Walking equipment $50 credit Lime $20 credit TCAT rides (up to 15 each mo) Ithaca Carshare $50 credit Backup Ride Home Biking equipment $50 credit Lime $20 credit TCAT rides (up to 15 each mo) Ithaca Carshare $50 credit Backup Ride Home TCAT unlimited rides Lime $20 credit Ithaca Carshare $50 credit Backup Ride Home Carpooler permit for Cayuga Garage (3 ppl) Lime $20 credit TCAT rides (up to 15 each mo) Ithaca Carshare $50 credit Backup Ride Home Carpooler permit for Green or Seneca Garage (3 ppl) Lime $20 credit TCAT rides (up to 15 each mo) Ithaca Carshare $50 credit Backup Ride Home $35 for one month OR $145 for a full year save 76% off retail valise of $600 per year save ggoyo, over a parklrig perrrlitl $35 for one month OR 145 for a full year Save 76% off retail value of $600 per year Save 88% over a parking permit! 48for one month OR 20 for a full year Save 69% off retail value of $800 per year Save 79% over a parking permit! 546 for one month OR $275 for a full year Save 66% off retail value of $810 per year Save 77% over a parking permit! 52 for one month OR $345 for a full year Save 64% off retail value of $950 per year Save 710 over a parking permit! alkinglbiking equipment credit $50 certificate for a purchase from a local merchant (***list here***), or $30 reimbursement on a related, purchase- subject to Go Ithaca staff approval) from another source. Lime credit $20 credit on your Lime account for any trips on a Lime bike or Lime e -bike. Easiest to use with a smartphone and credit card; contact Bike Walk Tompkins for support on using Lime without a smartphone or credit card. TCAT pass Either an unlimited (Trusty Transit) or 15 -ride (other packages) pass good on the entire TCAT system. Go Ithaca members can replenish 15 -ride passes at a 50% discount if necessary. Ithaca Carshare credit $50 credit toward any Ithaca Carshare charge (application fee, monthly or annual membership, time and distance charges for trips). Can be used by any Ithaca Carshare member in good standing (requires a separate application); driving history and other requirements apply. Carpooler parking permit A shared garage parking permit for carpool groups (3 or more people), at your choice of Cayuga, Green, or Seneca garages, with the ability to use the permit on any group member's car. Occasional parking permit Four free day passes per month to either Seneca or Green Street garages. Parking attendant must be present to redeem free pass. Backup Ride Home Peace of mind if you travel to work without a personal vehicle. A call to 24/7 local staff facilitates free alternative transportation home (or to your family member in an emergency) if your planned transportation falls through. See the- cct.org/backupridehome for more information. DETAILED DESCRIPTION OF BENEFITS Carpool Commuter purchases a package at goithaca.org after completing the commuter behavior surrey and signing terms and conditions Group of 3+ will register on goithaca.org as a carpool (naming who else is in their group), providing their name and license plate number if they intend to drive with the carpool Each member of the group will purchase their portion of the pass Go Ithaca staff purchases a hang tag for Cayuga, Green or Seneca garage for group and mails it to designated member Participants are not able to purchase monthly parking passes in addition to their carpool pass Coming soon: When carpooling, group can park in premium location parking spots Ithaca Carshare Commuter purchases a package at goithaca.org after completing the commuter behavior survey and signing terms and conditions Commuter will register on goithaca.org as a carshare user and pay for package online The member can use the $50 credit towards any Ithaca Carshare balance. 4. Member applies online at www.IthacaCarshare.orq (approval as a member subject to driving history and other factors). Walk/Bike 1. Commuter purchases a package at goithaca.org after completing the commuter behavior survey and signing terms and conditions 2. Commuter will register on goithaca.org as a walker or biker 3. They will receive a $50 gift certificate in the mail and can purchase anything they like from the list of Smart Commute local businesses 4. (Alternatively, Go Ithaca members can be reimbursed $30 for a purchase from another source, subject to Go Ithaca staff approval.) Ideas of what to purchase: • Walking shoes • Bike • Helmet • Lock • Bike tune-up • Lights • Bike repair tools/supplies • Jacket • Umbrella • Gloves • Scarf/face mask • Reflective vest Backup Ride Home[1] (Program provided from CCT) • All commuters that sign up for a package will automatically get enrolled in Backup Ride Home for free • You can use a Backup Ride Home only on days when your commute plan doesn't include driving alone • Once you have enrolled, you can use up to four Backup Rides per year (from the date you first enroll). • Backup Ride Home can only be used in situations where you must unexpectedly work late, leave work early, or when your planned transportation at the end of the workday is unexpectedly unavailable. • The Backup Ride Home program is intended to support commuters who travel by modes other than driving alone. It does not cover personal vehicle failures or poor road conditions when you drive alone. • Call 607-319-3888, and you will be directed to local Ithaca Carshare staff who will confirm: o That you are currently enrolled in the program o That you traveled to work that day by a qualifying mode o That you have not already used up your four Backup Ride Home trips for the year. • We'll help you troubleshoot the situation and offer transportation choices to you. Ithaca Carshare staff can request the ride directly with the eligible provider of your choice, or you may coordinate your own ride with Carshare staff participating only to approve the ride to be billed to the Backup Ride Home program. • Ithaca Carshare members may get a carshare car to take home overnight • Trips by taxi or ridehail service may include up to one stop with a short wait time (10 minutes or less), such as to a child's school or to a pharmacy, before your final destination. In addition to your home, you can also get dropped off other places like: o Your vehicle at a park and ride o A child's school or daycare o A medical facility where a family member is receiving care o A destination that lets you complete your trip with a friend or family member Occasional Parking Benefit • Commuter purchases a package at goithaca.org after completing commuter behavior survey and signing terms and conditions • Commuter will state the number of daily parking passes they want (max 4/month) and pay accordingly • TDM Coordinator mails Go Ithaca custom day passes to commuter • Commuter hands passes to parking garage attendant during peak times to get free parking • Parking attendant tells how many passes they got a month to Go Ithaca who will reimburse Possible Member Bonuses[2]j[3] Every month, Go Ithaca will host events to show our appreciation for smart commuters and to have fun! Here are some ideas for potential events. To be reviewed regularly as the program develops. • Downtown walking food tour • Smart Commute Gala at the Ithaca History Museum • Winter library bus hop • Cocoa stroll: walk with your smart commuters to various downtown bakeries and coffee shops for sweet treats • Happy Hour at the Bike Bar • Sunday Brunch at Waffle Frolic At sign up and for every renew after, members can choose one of the following benefits • Cinemapolis ticket • Ice cream at Green street pharmacy • State theater ticket • Donut at One Ring Donuts • Bike skills class with Bike Walk Tompkins • Coffee at Gimme! After 6 months of participation, members will receive a $15 Downtown Ithaca Gift Card! Lauren Gabuzzi Go Ithaca Program Manager Lauren@downtownithaca.com 607-277-8679