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HomeMy WebLinkAboutMN-IURA-2021-05-27Approved: 6/24/21 108 E. Green St. Ithaca, NY 14850 (607) 274-6565 MINUTES ITHACA URBAN RENEWAL AGENCY 8:30 A.M., Thursday, May 27, 2021 Members: Mayor Svante Myrick, Chair; Karl Graham; Chris Proulx; Eric Rosario; Laura Lewis, Common Council Liaison; Tracy Farrell, Vice-Chair Excused: None. Staff: Nels Bohn; Anisa Mendizabal; Charles Pyott Guests: Southside Community Center (SCC) Nia Nunn Mason Wilson Claire Dehm Kayla Matos Grace Johnston-Fennel Hector Chang Margaret Johnson Amos Malone Caleb Thomas Glen Christopher Chavon Bunch Meryl Phipps Vannessa DeJesus Marriott Hotel Cathy Hart I. Call to Order Chair Myrick called the meeting to order at 8:33 A.M. II. Agenda Additions/Deletions Bohn suggested adding an agenda item to review a proposed resolution to authorize assignment of the Disposition and Development Agreement (DDA) governing development of the Eastern Section of the Green Street Garage. Ithaca Properties, LLC has requested authorization to assign the DDA to Green Street Development Partners, LLC. Bohn recommended adding the resolution to the agenda and adopting it, to avoid any project delays. No objections were raised. III. Public Comments None. IV. Review of Meeting Minutes: April 22, 2021 Farrell moved, seconded by Graham, to approve the meeting minutes, with no modifications. Carried Unanimously: 5-0 IURA Minutes May 27, 2021 Page 2 of 15 V. Special Topic: Southside Community Center (SCC) Update on Recycle Ithaca’s Bicycles (RIBs) Reopening Plans — Dr. Nia Nunn NUNN walked through the RIBs mission and introduced a team of RIBs organizers, supporters, stakeholders, and volunteers, who have all been working for several months to redefine the purpose and operations of the organization. She is excited to share news of a special new event, the Harriet Tubman Freedom Ride, which is anticipated to attract 200-300 African American cyclists from Ithaca and beyond. Nunn introduced various individuals affiliated with SCC/RIBs, as well as new SCC Executive Director Chavon Bunch. BUNCH introduced SCC’s Deputy Director Kayla Matos, expressing excitement at the prospect of re-opening SSC/RIBs and working with staff to develop new programs. RIBs will host a ‘Re-Open House’ on June 29th, 2021, which she encouraged IURA Board members to attend. MATOS explained SCC is currently open on a private basis for training two local youth leaders in youth programming, enrolling youth from Village at Ithaca to assist with various programs and activities (e.g., building bicycles, Juneteenth, Harriet Tubman Freedom Ride), and reimagining RIBs. MALONE expressed thanks for the support the City/IURA have provided SCC and RIBs over the years. RIBs is fortunate to have a wonderful space, which is currently being renovated and reimagined. He looks forward to its being open once again to the public and seeing it flourish. THOMAS remarked he is passionate about the arts; and he has been envisaging what art can do for the RIBs space. The RIBs team is planning to create murals and signage, and envisioning ways artwork can engage the public. JOHNSON noted she is the new director of Bike Walk Tompkins, which supports SCC’s mission for RIBs. RIBs has tremendous potential to empower local black leadership through cycling. RIBs remains very much identified as a place where bicycles can be restored and placed back into the community to support people who need affordable and accessible means of transportation. JOHNSTON-FENNEL expressed excitement with the progress the entire SCC/RIBs team has made in its ongoing six-month process of strategizing, connecting, and rebuilding RIBs. WILSON remarked he is honored to be part of the RIBs mission. It has been an exciting and eye-opening process; and it is rewarding to be engaged with the local community. DEHM noted she and Wilson have been on the ground over the past couple of months cleaning up the RIBs space. (It is amazing what a fresh coat of paint can do.) They continue considering ways to transform RIBs into a purposeful space for hosting future programs, like bike-repair workshops and organized rides. PHIPPS expressed delight at being part of the whole process of ensuring RIBs is genuinely welcoming, safe, and accessible for young people of color. IURA Minutes May 27, 2021 Page 3 of 15 DEJESUS expressed excitement with the next phase of reinvigorating RIBs and SCC. She thanked all the people who have helped SCC survive and prosper over the past five years. SCC has come a long way in period of time. CHRISTOPHER recounted how, in 1899, Marshall Walter “Major” Taylor won the sprint event at the world track championships to become the first African American to achieve the title of world cycling champion, as well as the second black athlete to win a world championship in any sport. Throughout his career, Taylor challenged racial prejudice he encountered on and off the track and became a pioneering role model for other athletes facing racial discrimination. In 1976, a group of African American cycling enthusiasts in Columbus, Ohio launched a cycling club, which still exists today and has been joined by approximately 75 more cycling clubs named after Taylor, with primarily African American memberships. Christopher is working with a committee in Chicago to design a cycling event for enthusiasts to travel to Ithaca for three days of cycling and other activities (July 23-25, 2021), including participation by Nelson Vails, the first African American to win an Olympic medal in cycling, in 1984. Other activities will include: touring Cornell University; lectures on the Underground Railroad research project; a visit to St. James AME Zion Church, an Underground Railroad stop; a 100-mile ride around Cayuga Lake; and a visit to Harriet Tubman’s grave site and home, where she lived for the last 50 years of her life. More information can be found at: https://harriettubmanfreedomride.com. NUNN concluded the presentation by encouraging everyone to come enjoy SCC’s upcoming Juneteenth block party celebration: 2:00-8:00 p.m., Saturday, June 19, 2021. VI. Neighborhood Investment Committee (NIC) A. Community-Based Development Organization (CBDO) Designation — Finger Lakes Reuse, Inc. (FLRU) Graham walked through some of the qualifications for CBDO designation: REQUIREMENT Legal Status: Organized under state law to undertake community development activities. Board Composition: Maintain at least 51% of governing body either LMI residents of area of operation, owners or senior officers of private establishments and institutions in the service area, or representatives of neighborhood organizations in the service area. Board Membership: Members of the board must be nominated and approved by membership or permanent governing body, except that up to ⅓ of the board may be appointed or be elected officials. Purpose of Organization: Have as its primary purpose the improvement of the physical, economic, or social environment of its service area with particular emphasis on LMI persons. Organizational Status: Must be either non-profit or for-profit with only incidental monetary benefit for its members. Assets: Must not be subject to reversion of assets to the grantee upon dissolution, except for assets related to specific grants. Contracting: Must be free to contract for goods and services from vendors of its own choosing. Graham noted that IURA staff examined FLRU’s application and determined it meets all the qualifications. IURA Minutes May 27, 2021 Page 4 of 15 Farrell moved, seconded by Rosario: 2021 IURA Designation of Finger Lakes ReUse, Inc. (ReUse) As Community-Based Development Organization (CBDO) WHEREAS, the Board of Finger Lakes ReUse, Inc. (ReUse) seeks designation by the Ithaca Urban Renewal Agency (IURA) as a Community-Based Development Organization (CBDO), and WHEREAS, the City of Ithaca has designated the IURA to administer the City’s HUD Entitlement Program that oversees Community Development Block Grant funds awarded to the City, and WHEREAS, an eligible category of CDBG activities is a “Special Activity by CBDO”, that offers certain advantages, such as exemption from the 15% expenditure cap otherwise applicable to public service activities, authorization to carry out new housing construction (normally prohibited with CDBG funds), and discretion to allow income generated by a CDBG-funded activity to not be considered CDBG program income, and WHEREAS, the following four tests established at CFR Title 24 §570.204 must be met to qualify under a category of “Special Activity by CBDOs”: 1. The entity qualifies as a CBDO, including the 51% board membership test; 2. The CBDO will undertake an eligible project; 3. That the CBDO will carry out the funded activity directly or with an entity other than the grantee; 4. That the CBDO will not carry out a prohibited activity, and WHEREAS, a CBDO must maintain at least 51% of its governing body’s membership to be made up of any combination of the following: ● Low- and moderate income residents of its area of operation ● Owners or senior officers of private establishments and other institutions located in its area of operation ● Representatives of low- and moderate-income neighborhood organizations located in its area of operation, and WHEREAS, a CBDO must have as its primary purpose the improvement of the physical, economic, or social environment of its geographic area of operation, with a particular emphasis on the needs of low- and moderate-income persons, and WHEREAS, the project undertaken by the CBDO must qualify as one or more of the following project types: ● neighborhood revitalization; ● community economic development; ● energy conservation project; and WHEREAS, IURA evaluated ReUse’s CBDO application and recommended the following; now, therefore, be it IURA Minutes May 27, 2021 Page 5 of 15 RESOLVED, that the IURA determines that Finger Lakes ReUse, Inc. meets the requirements for eligibility as a CBDO, and that the ReUse’s “Job Training for Career Pathways” program qualifies as an eligible CBDO activity, and be it further RESOLVED, that the IURA hereby designates Finger Lakes ReUse as a Community-Based Development Organization (CBDO) and its “Job Training for Career Pathways” as eligible for CDBG funding under the category of “Special Activities by CBDOs.” Carried Unanimously: 5-0 B. Community-Based Development Organization (CBDO) Designation — Historic Ithaca, Inc. Graham noted that IURA staff examined Historic Ithaca’s application and determined it meets all the qualifications. Graham moved, seconded by Rosario: 2021 IURA Designation of Historic Ithaca, Inc. (HI) As Community-Based Development Organization (CBDO) WHEREAS, the Board of Historic Ithaca, Inc. (HI) seeks designation by the Ithaca Urban Renewal Agency (IURA) as a Community-Based Development Organization (CBDO), and WHEREAS, the City of Ithaca has designated the IURA to administer the City’s HUD Entitlement Program that oversees Community Development Block Grant (CDBG) funds awarded to the City, and WHEREAS, an eligible category of CDBG activities is a “Special Activity by CBDO,” that offers certain advantages, such as exemption from the 15% expenditure cap otherwise applicable to public service activities, authorization to carry out new housing construction (normally prohibited with CDBG funds), and discretion to allow income generated by a CDBG-funded activity to not be considered CDBG program income, and WHEREAS, the following four tests established at CFR Title 24 §570.204 must be met to qualify under a category of “Special Activity by CBDOs:” 1. The entity qualifies as a CBDO, including the 51% board membership test; 2. The CBDO will undertake an eligible project; 3. That the CBDO will carry out the funded activity directly or with an entity other than the grantee; 4. That the CBDO will not carry out a prohibited activity, and WHEREAS, a CBDO must maintain at least 51% of its governing body’s membership to be made up of any combination of the following: ● Low- and moderate income residents of its area of operation IURA Minutes May 27, 2021 Page 6 of 15 ● Owners or senior officers of private establishments and other institutions located in its area of operation ● Representatives of low- and moderate-income neighborhood organizations located in its area of operation, and WHEREAS, a CBDO must have as its primary purpose the improvement of the physical, economic, or social environment of its geographic area of operation, with a particular emphasis on the needs of low- and moderate-income persons, and WHEREAS, the project undertaken by the CBDO must qualify as one or more of the following project types: ● neighborhood revitalization; ● community economic development; ● energy conservation project; and WHEREAS, IURA evaluated HI’s CBDO application and recommended the following; now, therefore, be it RESOLVED, that the IURA determines that Historic Ithaca, Inc. meets the requirements for eligibility as a CBDO, and that the HI’s “Work Preserve Job Training: Job Placements” program qualifies as an eligible CBDO activity, and be it further RESOLVED, that the IURA hereby designates Historic Ithaca, Inc. as a Community-Based Development Organization (CBDO) and its “Work Preserve Job Training: Job Placements” as eligible for CDBG funding under the category of “Special Activities by CBDOs.” Carried Unanimously: 5-0 C. Community-Based Development Organization (CBDO) Designation — Greater Ithaca Activities Center (GIAC), Inc. Graham noted that IURA staff examined GIAC’s application and determined it meets all the qualifications. Graham moved, seconded by Farrell: 2021 IURA Designation of Greater Ithaca Activities Center, Inc. (GIAC) As Community-Based Development Organization (CBDO) WHEREAS, the Board of Greater Ithaca Activities Center, Inc. (GIAC) seeks designation by the Ithaca Urban Renewal Agency (IURA) as a Community-Based Development Organization (CBDO), and WHEREAS, the City of Ithaca has designated the IURA to administer the City’s HUD Entitlement Program that oversees Community Development Block Grant funds awarded to the City, and IURA Minutes May 27, 2021 Page 7 of 15 WHEREAS, an eligible category of CDBG activities is a “Special Activity by CBDO,” that offers certain advantages, such as exemption from the 15% expenditure cap otherwise applicable to public service activities, authorization to carry out new housing construction (normally prohibited with CDBG funds), and discretion to allow income generated by a CDBG-funded activity to not be considered CDBG program income, and WHEREAS, the following four tests established at CFR Title 24 §570.204 must be met to qualify under a category of “Special Activity by CBDOs:” 1. The entity qualifies as a CBDO, including the 51% board membership test; 2. The CBDO will undertake an eligible project; 3. That the CBDO will carry out the funded activity directly or with an entity other than the grantee; 4. That the CBDO will not carry out a prohibited activity, and WHEREAS, a CBDO must maintain at least 51% of its governing body’s membership to be made up of any combination of the following: ● Low- and moderate income residents of its area of operation ● Owners or senior officers of private establishments and other institutions located in its area of operation ● Representatives of low- and moderate-income neighborhood organizations located in its area of operation, and WHEREAS, a CBDO must have as its primary purpose the improvement of the physical, economic, or social environment of its geographic area of operation, with a particular emphasis on the needs of low- and moderate-income persons, and WHEREAS, the project undertaken by the CBDO must qualify as one or more of the following project types: ● neighborhood revitalization; ● community economic development; ● energy conservation project; and WHEREAS, IURA evaluated GIAC’s CBDO application and recommended the following; now, therefore, be it RESOLVED, that the IURA determines that Greater Ithaca Activities Center, Inc. meets the requirements for eligibility as a CBDO, and that the GIAC’s “Hospitality Employment Training Program” qualifies as an eligible CBDO activity, and be it further RESOLVED, that the IURA hereby designates Greater Ithaca Activities Center, Inc. as a Community- Based Development Organization (CBDO) and its “Hospitality Employment Training Program (HETP) Job Placements” as eligible for CDBG funding under the category of “Special Activities by CBDOs.” Carried Unanimously: 5-0 IURA Minutes May 27, 2021 Page 8 of 15 D. Community Housing Development Organization (CHDO) Designation — Ithaca Neighborhood Housing Services (INHS), Inc. Graham noted that IURA staff examined INHS’ application and determined it meets all the qualifications. Rosario remarked, as accomplished and effective an organization as INHS has proved itself to be, he believes the community would benefit if one or more additional CHDOs could be established. The IURA could brainstorm ways of achieving that. Graham moved, seconded by Farrell: Program Year (PY) 2020 Designation of INHS As Community Housing Development Organization (CHDO) WHEREAS, the Ithaca Urban Renewal Agency (IURA) has been designated by the City of Ithaca as the Lead Agency to develop, administer and implement the HUD Entitlement grant program, including funds received through the HOME Investment Partnerships (HOME) program, and WHEREAS, grant recipients under the HOME program are termed Participating Jurisdictions (PJs), and WHEREAS, PJs must reserve not less than 15% of their HOME allocation for investment in housing to be developed, sponsored, or owned by Community Housing Development Organizations (CHDOs), and WHEREAS, each PJ must identify annually CHDOs that are capable of carrying out projects to address priority housing needs identified in the Consolidated Plan, and WHEREAS, a CHDO is a specific type of community-based nonprofit organization as defined in 24 CFR §92.2, and WHEREAS, a PJ may use HOME funds to provide special assistance to CHDOs, including: • Project pre-development loans; • Operating assistance; • Use of HOME project proceeds; • Capacity-building assistance; and WHEREAS, on August 12, 2020, Ithaca Neighborhood Housing Services, Inc. (INHS) submitted materials documenting their qualification and requested renewal of their designation as a CHDO by the IURA, and WHEREAS, in May 2021, IURA staff conducted a point-in-time analysis of INHS’ CHDO materials to ensure it meets CHDO criteria, and IURA Minutes May 27, 2021 Page 9 of 15 WHEREAS, at its May 14, 2021 meeting, the Neighborhood Investment Committee of the Ithaca Urban Renewal Agency compared submitted materials against CHDO criteria and recommends the following; now, therefore be it RESOLVED, that the IURA, acting in its capacity as the Lead Agency for the Participating Jurisdiction of the City of Ithaca, hereby renews its designation of Ithaca Neighborhood Housing Services, Inc. as a CHDO. Carried Unanimously: 5-0 E. 4th Amendment to HUD Entitlement Citizen Participation Plan (CPP) Graham explained the proposed resolution would represent the fourth amendment to the CPP, resulting from changes to HUD’s requirements associated with its COVID-19-related funding awards. The third amendment was adopted in 2020 to expedite the public comment period and permit virtual public hearings, in response to the COVID-19 pandemic. That clause in the third amendment would have expired on July 31st, 2021, so the proposed resolution was drafted to extend the expedited public comment period past that date, should circumstances demand. Proulx remarked, while the expedited public comment period certainly made sense in the midst of the pandemic, he wonders about potential consequences of further waiving the standard public comment requirements. He asked what scenarios were envisioned that would necessitate only a five-day public comment period. Mendizabal replied, when the third amendment was adopted, no one knew precisely how long the COVID- 19 pandemic would last, so 7/31/21 was set as the expiration date (coinciding with the end of the City/IURA Program Year). IURA staff drafted the fourth amendment to ensure sufficient flexibility, should it be necessary. She added, as long as virtual meetings/public hearings continue to be conducted, the amendment will continue to be necessary. She does not anticipate the need to adopt future amendments. Graham moved, seconded by Rosario: 4th Amendment to HUD Entitlement Citizen Participation Plan: COVID-19 Amendment WHEREAS, the Citizen Participation Plan (CPP) establishes the City of Ithaca’s procedures for involving the public in development and implementation of the HUD Entitlement Program, and WHEREAS, on March 31, 2020, in response to the COVID-19 pandemic and mandated social distancing, the U.S. Department of Housing and Urban Development (HUD) issued a Mega-waiver covering HUD- administered programs that included flexibility regarding citizen participation and public hearings for Consolidated Plans and Action Plans, and WHEREAS, the City of Ithaca seeks to establish expedited procedures necessary to quickly and effectively administer federal funding made available to respond to the COVID-19 Pandemic in accordance with the HUD Mega-waiver, and IURA Minutes May 27, 2021 Page 10 of 15 WHEREAS, an annual Action Plan contains a description and budget for individual activities to be undertaken with funding made available to the City of Ithaca through the HUD Entitlement program, including the CDBG and HOME programs, and WHEREAS, the HUD Mega-waiver identifies a minimum five (5) day public comment, period, to include a virtual public hearing with opportunity for citizens to comment in real time, provides reasonable notice and opportunity for comment to meet citizen participation requirements for Consolidated Plans and Action Plans; and WHEREAS, the applicability of temporary COVID-19 pandemic amendments to the Citizen Participation Plan expire on July 31, 2021 though the Federal emergency may extend beyond the expiration date; now, therefore, be it RESOLVED, that the IURA hereby recommends the City of Ithaca Common Council adopt a 4th amendment to the City of Ithaca HUD Entitlement Citizen Participation Plan, dated April 23, 2020, to extend the applicability of expedited public participation procedures in accordance with HUD-issued waivers for the following funding: • CDBG-CV grant • HOME American Rescue Plan (ARP) grant • FY2019 and FY2020 CDBG grants • FY2019 and FY2020 HOME grants Carried Unanimously: 5-0 F. Committee Chairperson Report None. VII. Economic Development Committee (EDC) ― Committee Chairperson Report Proulx reported the Committee reviewed the three proposals to redevelop land on Inlet Island, submitted by Finger Lakes Development, Visum Development Group, and Waterfront Alchemy, at its May meeting. The Committee identified a set of follow-up questions for the applicants to address. It plans to make a formal recommendation to the IURA Board at its June 8, 2021 meeting. VIII. Other Business A. 1st Amendment to Hotel Wage Agreement (Marriott Hotel) Bohn explained that the Marriott Hotel is now ramping up its hiring process and requested the IURA consider amending the original 2014 wage agreement. The hotel has complied with the wage agreement, since its inception. The Marriott Hotel has subsequently become a certified Living Wage employer, providing a Living Wage to all its 60+ employees. The amended agreement would give the hotel the option of either paying all housekeeping room attendants an hourly wage of at least 156% of the State’s minimum wage, or paying all its employees the Tompkins County Living Wage (as established by Alternatives Federal Credit Union). IURA Minutes May 27, 2021 Page 11 of 15 Graham asked if the hotel would be required to remain a Living Wage employer, each time it changes. Bohn replied, yes, as further described in Section 3, Reporting Requirements. Rosario moved, seconded by Proulx: First Amendment to Hotel Wage Agreement Covering Ithaca Marriott Downtown Hotel WHEREAS, a hotel wage agreement between Hotel Ithaca, LLC and the IURA (Wage Agreement) covering Room Attendant positions was executed on December 16, 2014, and WHEREAS, Hotel Ithaca, LLC is the owner of the Ithaca Marriott Downtown Hotel (Marriott) located at 120 S. Aurora Street, and WHEREAS, the Wage Agreement is in effect for 15 years following the December 2016 opening of the Marriott, and WHEREAS, the Marriott has remained in compliance with the Wage Agreement, and WHEREAS, in 2021, the Marriott became a Living Wage Employer as certified by the Tompkins County Workers Center (TCWC), committing to pay a living wage to its 60+ employees, and WHEREAS, the most recent 2019 Tompkins County living wage as determined by the Alternatives Federal Credit Union is $15.37/hour, and WHEREAS, the Marriott seeks an amendment offering an alternative pathway for compliance as a TCWC-certified Living Wage Employer paying all employees at least the Tompkins County living wage in lieu of paying Room Attendants 156% of the New York State minimum wage; now, therefore, be it RESOLVED, that the IURA Chair is hereby authorized, subject to review by IURA legal counsel, to execute a 1st Amendment to the Hotel Wage Agreement with Hotel Ithaca, LLC substantially in conformance with the attached draft agreement, dated May 27, 2021, and be it further RESOLVED, that the amendment shall take effect upon filing of the executed agreement with the Tompkins County Clerk by Hotel Ithaca, LLC. Carried Unanimously: 5-0 May 27, 2021 FIRST AMENDMENT TO THE HOTEL WAGE AGREEMENT BETWEEN HOTEL ITHACA, LLC AND ITHACA URBAN RENEWAL AGENCY Project site: 120 South Aurora Street, City of Ithaca This Agreement is entered into by and between IURA Minutes May 27, 2021 Page 12 of 15 The ITHACA URBAN RENEWAL AGENCY (hereafter “the IURA” or “the Seller”), an urban renewal agency created pursuant to the General Municipal Law of the State of New York, with offices at 108 East Green Street, Ithaca, New York 14850 and HOTEL ITHACA, LLC, (hereafter “Hotel Ithaca” or “the Purchaser”), a Delaware limited liability company with offices at c/o Urgo Hotels, 6710 Rockledge Drive, Suite 420, Bethesda, MD 20817. WHEREAS, the IURA and Ithaca Properties, LLC entered into a Purchase and Sale Contract dated September 5, 2008 (“the Original Contract”) and the Original Contract was amended by the parties by Addendum to Purchase and Sale Contract dated June 18, 2010 (“the Addendum”), collectively the Original Contract and the Addendum are hereinafter referred to as “the Purchase Contract”); and WHEREAS, by Assignment of Purchase and Sale Contract dated October 24, 2014, Ithaca Properties, LLC assigned all of its right, title and interest to the Purchase Contract to Hotel Ithaca, Hotel Ithaca accepted the assignment and agreed to be bound by all of the terms and conditions thereof, and the IURA accepted and agreed to the assignment; and WHEREAS, the Purchaser will undertake the construction of a hotel on the premises as described in the Purchase Contract (“the Hotel Project”); and WHEREAS, par. II(G) of the Purchase Contract contains certain provisions about living wages, and requires that the Seller and the Purchaser enter into an agreement containing the terms set forth in the aforementioned paragraph of the Agreement; NOW, THEREFORE, the parties agree as follows: 1. WAGE REQUIREMENT: Hotel Ithaca will either (A) pay all housekeeping room attendants an hourly wage of at least 156% of the New York State minimum wage, as adjusted from time to time, or (B) pay all employees working at the Hotel Project a Tompkins County living wage as determined by the Alternative Federal Credit Union, as adjusted from time to time. At the time of this Agreement, the wage required by this Agreement is equivalent to $12.48 per hour, based on the 2013 minimum wage of $8.00 per hour. Hotel Ithaca projects that no less than 10 employees at the Hotel Project will be covered by this wage commitment provision. 2. TERM OF AGREEMENT: Hotel Ithaca agrees to comply with the provisions of this Agreement for a regulatory time period of at least 15 years from the date of issuance of the certificate of occupancy for the Hotel Project. All successors or assigns of the Hotel Project shall be bound by the provisions of this Agreement during the term of the 15 year regulatory time period. 3. REPORTING REQUIREMENTS: To verify compliance with this commitment, Hotel Ithaca agrees to require the operator and/or manager of the Hotel Project to certify annually throughout the regulatory time period in writing its compliance with the terms of this Agreement to the IURA by identifying the current number of employees covered by the wage commitment set forth herein and certifying that such employees are being paid the wages referred to in this Agreement. 4. ENFORCEMENT: In the event of non-compliance with any of the provisions of this Agreement by Hotel Ithaca and/or the operator or manager of the Hotel Project, the IURA shall be entitled to seek injunctive relief compelling Hotel Ithaca and/or the operator or manager of the Hotel Project to comply. 5. RECORDING: This Agreement shall be recorded in the Tompkins County Clerk’s Office and cross-referenced to the deed conveying the premises at 210 South Aurora Street in the City of Ithaca to Hotel Ithaca. 6. BINDING EFFECT OF AGREEMENT: This agreement shall be binding upon the heirs, executors, administrators, and assigns of the parties hereto. IURA Minutes May 27, 2021 Page 13 of 15 B. Resolution to Authorize Assignment of Disposition and Development Agreement (DDA) Governing Development of Eastern Section of Green Street Garage Bohn explained the proposed resolution would authorize assignment of the DDA governing development of the Eastern Section of the Green Street Garage. Ithaca Properties, LLC requested authorization to assign the DDA to Green Street Development Partners, LLC. This would also help avoid any project delays and cost over-runs (considering recent increased costs of construction materials). Rosario moved, seconded by Proulx: Assignment of DDA to Green Street Development Partners, LLC Eastern Section of Green Street Garage Urban Renewal Project WHEREAS, on February 6, 2021, the City of Ithaca Common Council approved a Disposition and Development Agreement (DDA) between the IURA and Ithaca Properties, LLC (IP) for redevelopment of the eastern section of the Green Street Garage urban renewal project, and WHEREAS, on May 24, 2021, Jeffrey Rimland, managing member of IP, requested IURA approval to assign its rights, obligations, and duties under the DDA to Green Street Development Partners, LLC (GSDP) and WHEREAS, for over a year IP has disclosed its intent to partner with Aptitude Development, LLC, to create a newly established legal entity to undertake the urban renewal project, and WHEREAS, Aptitude Development, LLC is a developer of 400+ bed residential projects in Syracuse, NY, Louisville, KY, and Fayetteville, AR, and other communities with universities, and WHEREAS, IP and members of Aptitude Development, LLC have been working in good faith to satisfy DDA contingencies for acquisition of the project site and anticipates resolution of all contingencies within 30 days, and WHEREAS, the DDA automatically authorizes assignment of the DDA to an affiliated entity of which at least 50% of the ownership interest is held by IP or its principals, shareholders, or members, and WHEREAS, GSDP has submitted organizational documents and disclosed the following members own at least a 15% interest ownership interest in GSDP: • Jeffrey Rimland • Jared Hutter • Brian Rosen • Robert Lazarowitz; and WHEREAS, Jeffrey Rimland is a member of both IP and GSDP, but it is not certain he will have a full 50% ownership interest in GSDP, therefore, IURA approval of the assignment is appropriate to prevent a project delay; now, therefore, be it IURA Minutes May 27, 2021 Page 14 of 15 RESOLVED, that the IURA hereby authorizes Ithaca Properties, LLC to assign its rights, obligations and duties under the Disposition and Development Agreement for the Eastern Section of the Green Street Garage urban renewal project to Green State Development Partners, LLC. Carried Unanimously: 5-0 C. Revised 2021 HUD Community Development Block Grant (CDBG) Program Allocation Bohn explained, in a May 13, 2021 letter, HUD informed the City that its 2021 CDBG award was adjusted to $690,793 — $10,032 more than the original award, giving the City $8,025.60 in additional funds to allocate (after administrative costs are subtracted). The IURA can choose to either allocate the funds now, or go through the standard Committee review process. Graham indicated, timing permitting, he would prefer to have the Neighborhood Investment Committee (NIC) take the time to review each 2021 project and have an opportunity for discussion, before making a decision. Farrell agreed. C. IURA Financials: April 2021 Bohn reported the IURA is in compliance with HUD’s June 1st CDBG spend-down ratio deadline. All HUD Entitlement Program grant projects are generally progressing well. Some loan repayments are past due, but that is most likely the result of complications associated with the interest-only periods extended to borrowers, as a result of the COVID-19 pandemic. D. IURA Chairperson Report None. E. Common Council Liaison Report Lewis reported the Planning & Economic Development Committee (PEDC) unanimously approved the proposed 2021 HUD Entitlement Program Action Plan, which will go before Common Council next week. F. Staff Report Bohn reported three properties are currently on the City’s tax foreclosure list: 215 Cleveland Ave., 417 S. Aurora St., and 109 Morris Ave. Both Habitat for Humanity and INHS have submitted proposals to purchase the properties to develop affordable, for-sale first-time homebuyer housing. Bohn reported that the financing for the Western Section of the Green Street Garage project has all but been approved. The bonds for the conference center and garage are scheduled to be sold by June 28th, so permitting and construction should proceed in July 2021. IURA Minutes May 27, 2021 Page 15 of 15 Mendizabal reported that the NYS Office of Temporary and Disability Assistance (OTDA) will start accepting Emergency Rental Assistance Program (ERAP) applications on June 1, 2021, at 9:00 a.m., via the following portal: https://otda.ny.gov/programs/Emergency-Rental-Assistance. The Human Services Coalition of Tompkins County (HSC) will be managing local outreach and navigation for the program. The first 30 days of the program will prioritize households at/below 60% of Area Median Income (AMI). A landlord hardship fund is also being established by the State. IX. Adjournment The meeting was adjourned by consensus at 9:56 A.M. — END — Minutes prepared by C. Pyott, edited by N. Bohn.