Table of Contents INTRODUCTION ............................................................................................................. 3 SITE DESCRIPTION ....................................................................................................... 5 BACKGROUND INFORMATION ...........................................................................................................5 SITE CONTEXT ..................................................................................................................................5 LAND USE .........................................................................................................................................9 ZONING …………………………………………………………………………………………..11 DEVELOPMENT GOALS ............................................................................................. 13 NEW LIBRARY REQUIREMENTS ............................................................................... 13 PROPOSED TRANSACTION STRUCTURE ................................................................ 14 DESIGN GUIDELINES.................................................................................................. 14 PROPOSAL REQUIREMENTS .................................................................................... 15 A. B. C. D. E. F. G. H. I. J. K. L.
PURCHASE PRICE ...............................................................................................................15 PROJECT DESCRIPTION ......................................................................................................15 FINANCIAL INFORMATION .................................................................................................15 RESPONDENT DESCRIPTION ...............................................................................................16 SITE PLAN AND ARCHITECTURAL DESIGN .........................................................................17 ZONING CALCULATION .....................................................................................................17 CONSTRUCTION PLAN .......................................................................................................17 VENDOR INFORMATION EXCHANGE SYSTEM (“VENDEX”) .............................................17 DOING BUSINESS DATE FORM LOCAL LAW 34 ..................................................................17 MINORITY WOMEN BUSINESS ENTERPRISE (“M/WBE”) UTILIZATION PLAN....................17 HIRENYC PROGRAM .........................................................................................................17 STATEMENT OF AGREEMENT .............................................................................................18
SELECTION CRITERIA ................................................................................................ 18 DEVELOPER DUE DILIGENCE ................................................................................... 18 DISPOSITION PROCESS............................................................................................. 19 APPROVAL PROCESS .......................................................................................................................19 CONTRACT OF SALE ........................................................................................................................20 INFORMATIONAL MEETING/SITE VISIT .................................................................... 20 CONDITIONS, TERMS AND LIMITATIONS................................................................. 20 SUBMISSIONS ............................................................................................................. 20 SUBMISSION CHECKLIST .................................................................................................................21
FURTHER INFORMATION ........................................................................................... 21 APPENDIX A: New Library Requirements ................................................................. 22 APPENDIX B: Term Sheet........................................................................................... 25 APPENDIX C: NYCEDC Background Investigation Form (VENDEX) ...................... 32 APPENDIX D: Doing Business Date Form (LL34) ..................................................... 44 APPENDIX E: M/WBE Hiring Utilization Plan ............................................................ 49 APPENDIX F: HireNYC Program ................................................................................ 51 APPENDIX G: Statement of Agreement..................................................................... 54 APPENDIX H: Conditions, Terms and Limitations ................................................... 55 APPENDIX I: CEQR/ULURP Description and Fee Schedule .................................... 58 APPENDIX J: Administrative Fee Schedule .............................................................. 65 APPENDIX K: Economic Development Benefits ...................................................... 66 New York City Industrial Development Agency (“IDA”)................................................... 66 Energy Cost Savings Program (“ECSP”) ........................................................................... 67 New Markets Tax Credit Program (“NMTC Program”) ................................................... 67 APPENDIX L: Green Building Information ................................................................ 69 Background Information for High Performance/Green Building Development.............. 69 Green Building Funding Sources: ...................................................................................... 69 Green Building Program Information:............................................................................... 69 Green Building Resources:.................................................................................................. 70
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INTRODUCTION New York City Economic Development Corporation (“NYCEDC”) , on behalf of Brooklyn Public Library (“BPL”) is seeking proposals from qualified developers to purchase and redevelop a premier development site in Brooklyn Heights located at 280 Cadman Plaza West, Block 239, Tax Lot 16 (the “Site”). The approximately 26,600 square foot lot is currently occupied by a branch of the Brooklyn Public Library system. Any proposed development must incorporate a new, 20,000 square foot library facility (“New Library”) replacing the existing branch. The New Library will be owned, as a condominium unit, by the City of New York (the “City”) and operated by BPL. This request for proposals (“RFP”) presents a unique opportunity to enhance the community’s educational and cultural resources, and unlock economic development prospects in an increasingly valued location. Each party submitting a response to this RFP is referred to herein as a “Respondent.” The Site is a triangular lot on a triangular block bounded by Cadman Plaza West, Clinton Street, and Pierrepont Street at the border of Brooklyn Heights and Downtown Brooklyn. It overlooks the picturesque Cadman Plaza Park in the heart of Brooklyn’s Civic Center. Brooklyn Heights has long been among the most desirable residential neighborhoods in Brooklyn, and the Site is one of the few large-scale development opportunities in this area. Fronting Cadman Plaza West, the Site enjoys park views to the east with prospects of achieving views of the Manhattan and Brooklyn skylines, as well as of the New York Harbor and bridges. Compliance with current zoning and with an existing Zoning Lot Merger Declaration of Restrictions (“the Declaration”) (please refer to Site File section of this RFP for further information) controlling the zoning lot, will allow for a total of 125,000 zoning square feet of residential, commercial or community facility use, bonusable up to 178,000 zoning square feet when applying a 2 FAR to the 26,600 square foot Site, under the Inclusionary Housing Program. While all proposals will be considered, proposals conforming to underlying zoning and the Declaration are strongly preferred.
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SITE DESCRIPTION Background Information Founded in 1896, Brooklyn Public Library is the fifth largest library system in the nation. Consisting of 59 branch libraries plus the iconic Central Library at Grand Army Plaza, the BPL system provides access to information for all 2.5 million Brooklyn residents. BPL is an independent not-for-profit corporation, organized under special legislation that receives the bulk of its funding from the City and State of New York. BPL’s extensive physical footprint is a core asset for the institution and a critical means of executing BPL’s mission of providing access to information for all Brooklyn residents. BPL’s physical plant, however, faces significant fiscal challenges, including over $230 million in deferred maintenance. The Brooklyn Heights branch alone faces $9 million in deferred maintenance costs, including replacement of the non-functional HVAC system. HVAC failures have forced unplanned closures and severely hampered BPL’s ability to deliver adequate library service to the downtown Brooklyn community. BPL’s historical reliance on City government for capital support has failed to produce adequate funding to maintain the system’s extensive physical footprint. The opportunity to redevelop a new branch at the existing location in partnership with a developer will allow BPL to continue providing exceptional library services to downtown Brooklyn and to generate additional funds for the greater BPL system. Site Context Cadman Plaza is located near several vibrant retail corridors, including Montague Street, Henry Street, Atlantic Avenue, the Fulton Mall, and Court Street, which have established the neighborhood’s dynamic, commercial character. The neighborhood has also long been recognized for its rich recreational and cultural amenities. For example, the newly created Brooklyn Bridge Park draws New York City residents and tourists alike to its landscaped gardens, a carousel and playground, restaurants, food concession stands, and several piers offering ferry services. Brooklyn Bridge Park’s attraction will only increase as the Park expands in the future, with Pier 2 and the upland of Pier 3 and 4, currently under construction. Other local cultural attractions include the Brooklyn Historical Society, the famed St. Ann’s Warehouse and a variety of art galleries and cultural venues in both Brooklyn Heights and neighboring DUMBO.
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The Site is located in close proximity to the Brooklyn Bridge. Subway access is exceptional. Several subway stations are located within convenient walking distance of the Site and the Site is but a few minutes ride to Manhattan’s Financial District. Nearby subway stations include: • • • • •
Clark Street- 2, 3 lines Borough Hall Subway Node- 2, 3, 4, 5, R lines High Street- A, C lines Court Street- R line Jay Street Metro Tech Subway Node- A, C, F, R lines
In addition to the subway, the Site is located directly on a city bus route and is in close proximity to 17 bus lines that run through the borough. The Site’s proximity to the waterfront provides access to transportation by ferry service, including the East River Ferry Service to Manhattan, which was recently introduced. The Site is also easily accessible by automobile and is located near the entrances to the Brooklyn and Manhattan Bridges as well as to the Brooklyn-Queens Expressway.
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Land Use The Site is located at the overlap of Brooklyn Heights and Downtown Brooklyn. It sits on the eastern edge of the highly desirable Brooklyn Heights neighborhood, a predominantly residential community characterized by tree-lined streets and historic architecture. Cadman Plaza West differs from the rest of Brooklyn Heights and features high density, predominantly modern residential and commercial buildings. Buildings immediately to the north and south of the Site were constructed during the 1960’s and 70’s and range from 19 to 33 stories in height. The Site fronts Cadman Plaza Park, a 17-acre public park area ringed by multiple large-scale civic, commercial, and residential buildings. The Cadman Plaza Park area connects the Site to the commercial core of Downtown Brooklyn. The Site is approximately 26,600 square feet, as measured from the City’s Department of Finance tax map. Please note that public records related to lot size are inconsistent, and the Respondent that is selected to enter into a contract of sale (“Selected Developer”) will ultimately be responsible for completing a survey to confirm the lot area. The Site is currently improved with the Brooklyn Heights Branch library facility, which comprises 37,000 square feet above grade and 26,000 square feet on two below-grade levels.
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Zoning The Site (Lot 16) occupies the apex of the triangular block fronting Cadman Plaza West and Clinton Street, and is immediately adjacent to Lot 1. Lot 1 is also owned by the City and longterm ground leased to Forest City Ratner Companies through 2085. Lot 1 is improved with an approximately 600,000 square-foot, 21-story commercial building, One Pierrepont Plaza (“One Pierrepont”), which was constructed in 1987. The Site and One Pierrepont share a zoning lot, resulting from the common City ownership and the Declaration, pursuant to which the lots were merged and a transfer of development rights was affected. Together with the zoning lot merger, a Special Permit for Height and Setback Waivers (“Special Permit”) was approved in 1985 for development of One Pierrepont. Based on the Special Permit, development on the merged zoning lot is required to be substantially in accordance with the approved plans for the zoning lot attached to the Special Permit (“Approved Plans”), which Approved Plans are included in the Site File (please refer to Site File section of the RFP). The development of a new building on the Site (Lot 16), even if it complies with underlying zoning, will therefore require that the Approved Plans for the entire zoning lot be modified to reflect the new building, at the Selected Developer’s sole cost and expense. The 26,600 square-foot Site is zoned C6-4, which permits a range of commercial, residential, and community facility uses, with a maximum Floor Area Ratio of 10.0. Of the original 266,000 zoning square feet, approximately 141,000 zoning square feet were transferred to the adjacent parcel for the development of One Pierrepont. Remaining development capacity on the Site totals 125,000 zoning square feet. The Site can achieve an FAR bonus subject to the Inclusionary Housing Program (“IHP”), which allows for additional floor area with the provision of affordable housing on- or off-site. IHP would enable development of up to 53,000 additional zoning square feet (2.0 FAR bonus) when applied to the 26,600 square foot lot, for a maximum site total of 178,000 zoning square feet. The Site is located within the Special Downtown Brooklyn District. Respondents should review Article 10 of the New York City Zoning Resolutions, Chapter 1, Sections 101-00 through 101-75 and Appendix A-E, which detail special height and setback regulations and urban design guidelines for this area. In general, the special district allows for more flexible height and setback regulations for large commercial buildings, while providing a transitional contextual buffer adjacent to neighboring residential areas. The Site is located outside of the Brooklyn Heights historic district and the Limited Height District.
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DEVELOPMENT GOALS BPL seeks to achieve several goals through this development opportunity. They include: •
Development of a new Brooklyn Heights branch. The Selected Developer must include a 20,000 square foot New Library with at least 15,000 square feet at grade level, and will be responsible for constructing the New Library’s core and shell. BPL’s primary development goal is to build the New Library to serve the downtown Brooklyn community for generations to come. The New Library will be conveyed back to the City upon construction completion and will be maintained by BPL as a City-owned public library. The project is expected to generate sufficient sales proceeds to cover all the costs of building and equipping the New Library.
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Generation of capital funds to invest in other BPL facilities. BPL faces over $230 million in unfunded maintenance needs throughout the branch library system. The divestiture of the Site via a developer partnership is expected to generate significant funds above and beyond the funding required to replace the current Brooklyn Heights branch. This funding will be invested in libraries throughout Brooklyn that face significant capital challenges.
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High-quality design. BPL is and expects to remain a vital part of the Brooklyn Heights and downtown Brooklyn community. As such, BPL is committed to ensuring that any new development is of the highest possible architectural quality and sensitive to the historic nature of the Brooklyn Heights community.
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Efficient redevelopment process with minimum disruption in library service. It is critical that the redevelopment process proceed as expeditiously as possible and that any disruption to library services in the community be minimized to the greatest extent possible.
NEW LIBRARY REQUIREMENTS The Selected Developer will be required to complete core and shell construction of a New Library totaling 20,000 square feet, located within the proposed new building. While the core and shell will be constructed as part of the developer project, the fit-out (“Interior Fit-Out”) will be designed by BPL with input from community stakeholders. The Interior Fit-Out will be funded from sale proceeds. At its option, BPL may engage the Selected Developer to complete the Interior Fit-Out for an agreed-upon fee, and using an architect chosen by BPL. The New Library, which will be one of the five largest in the system, will be a full service neighborhood branch providing traditional library services as well as the latest technology and flexible learning spaces. Specific requirements for the New Library space are included in Appendix A, New Library Requirements. BPL is committed to maintaining continuous library service throughout the development process and will provide temporary library space (“Interim Library Space”), also to be funded from sale
proceeds. Respondents may propose to provide Interim Library Space directly, and specific requirements for this space are included in Appendix A, New Library Requirements.
PROPOSED TRANSACTION STRUCTURE At the time of disposition, NYCEDC will convey fee title of the Site to the Selected Developer. The Selected Developer will then be responsible for completing core and shell construction of the New Library, which will be conveyed to the City in the form of a condominium unit. BPL will occupy and operate the New Library. The transaction documents will establish an outside date for completion of construction and delivery of the core and shell of the New Library. The existing library will be permitted to remain operational on the Site, at no additional cost to BPL or the City, until construction commencement. The transaction documents will also require the Selected Developer to establish a condominium regime and to convey the New Library (the “Library Unit”) to the City of New York for $1, in addition to the cash purchase price. Please refer to Appendix B, Term Sheet, for additional information on business terms. BPL will establish an allowance from the sale proceeds for completion of the Interior Fit-Out, as well as procurement of FF&E and library materials. At its option, BPL may engage the Selected Developer to complete this work for a fee concurrent with the construction of the building and to specifications issued by BPL during the design process. BPL may seek input from the Selected Developer to determine this allowance. BPL reserves the right to procure design and architectural services independent of the Selected Developer’s architect and through a separate procurement process. Surpluses would be retained by BPL, and the Selected Developer would not be responsible for overages, if any. BPL will also establish an allowance for the Interim Library Space, which would similarly be funded from sale proceeds and subject to the same provisions.
DESIGN GUIDELINES Designs should take into account the aesthetic context of the neighborhood and take advantage of its prominent visibility to a high volume of pedestrians and vehicular traffic. NYCEDC and BPL support green building and active design. Green building seeks to support environmentally sustainable development, while active design uses architectural and urban design strategies to promote public health and increase physical activity in daily life. The goal of green building and active design is to reduce the negative impact buildings have on the health of the environment and communities as well as to create a healthy indoor and outdoor environment for occupants through integrated design, best practices and emerging technologies. While green development and active design certainly convey benefits to the natural, human and built environments, they can also reduce long term operating costs through increased energy efficiency. Further information on Green Building Design can be found in Appendix L of this RFP. Further information on Active Design guidelines can be found at the following link:
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http://www.nyc.gov/html/ddc/html/design/active_design.shtml
PROPOSAL REQUIREMENTS Respondent’s financial offer for the Site should assume that it will be disposed of in as-is condition. Each complete Proposal must contain the following elements: A.
Purchase Price The proposed cash purchase price must be expressed in a fixed, non-contingent dollar amount. The New Library facility core and shell shall be deemed to be an essential component to be delivered to the City in return for the transfer of the fee interest in the Site and the cash purchase price for the Site should account for the cost of constructing the core and shell of the New Library and conveying the Library Unit back to the City for $1. The final cash purchase price will reflect the higher of the offering price or an appraised value, pursuant to an appraisal by an independent, certified appraiser selected by NYCEDC, and taking into account the appraiser’s estimated cost of providing the New Library. Respondents should also state their willingness to construct the Interior Fit Out of the new Library and the percentage fee they would require for the Interior Fit Out as designated by BPL.
B.
Project Description The Project description should include a detailed narrative describing relevant aspects of the Project, including the programming of the development; proposed uses, type and number of commercial and/or community facility tenants or units or number of residential units, as applicable; placement and design of the New Library; and letters of interest and/or intent from tenants where applicable. The Project description must address each of the issues detailed in the Development Goals section of this RFP. Employment generation projections (direct and indirect, construction and permanent jobs) must also be supplied.
C.
Financial Information Please submit the following: A pro forma that includes: • An itemized list of all assumptions used, including escalations, discount rates, rental rates or sales prices for each component of the project, etc. • Detailed development costs with all hard and soft costs itemized and a statement of sources and uses of funds. Please clearly indicate escalation rates to account for any increases in construction costs in your budget or contingencies. • Permanent sources and uses of funds, including details of equity and financing sources and all development fees and financing fees to be paid. • Evidence of ability to finance the project, including letters of interest from lenders and equity sources.
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• • • • • •
For residential rental or commercial office proposals, a 10-year operating pro forma, including any necessary capital improvements over time and capital reserves. For residential condo proposals, a 5-year pro forma showing the construction period through to absorption, or a period equal to expected full absorption. For community facility proposals, a 10-year operating pro forma showing the construction period debt service payments and other financing terms such as interest rate, term of loan, and payment schedule. Details of any as-of-right or discretionary real estate tax, other tax, energy, or other governmental benefits assumed in the model. An IRR, cash-on-cost, and cash-on-cash return analysis, if applicable. Market comparables related to rents, condo sales, and construction to support pricing assumptions, including at least three different properties/projects.
Please provide the financial information in hard copy and electronically on CD-ROM or flash drive in Excel format (no hard coding).
D.
Respondent Description Each entity submitting a Proposal must demonstrate sufficient financial resources and professional ability to develop the Site in a manner consistent with its Proposal. In addition, each entity must complete and submit a NYCEDC Background Investigation Form (aka VENDEX), a copy of which is attached as Appendix C. Each Proposal must include a description of the management and/or development team, including: •
•
•
•
•
The intended form and structure of any proposed partnership or joint venture must be clearly explained and a chart/diagram of the purchaser and/or development entity, showing structure (percentages) of ownership and investment must be included. Name, address, telephone number and qualifications of each member of the development team, including all persons or entities that will design, develop, manage, operate or lease space in the facility, as well as the lawyer and other professionals, as appropriate, who will be involved in this Project. Respondents must provide the Federal EIN numbers of the development entity and the Social Security number of its principals. Background information on all members of the Respondent’s team, including the relevant experience of all principal members thereof and their availability for commitment to the Project. This information must be submitted for every participant in a joint venture. Certified net worth statements must be submitted for every participant in a partnership or joint venture. If available, the latest credit report for each of the principals and the most recent financial statements for the purchasing entity and each of its principals. Any additional documentation or information evidencing the strength of the Respondent and its ability to complete the Project.
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E.
Site Plan and Architectural Design Respondent should provide conceptual drawings for the proposed development, including site plan, floor plans, renderings, elevations of all visible facades, elevations reflecting the height relative to adjacent buildings, and any other materials needed to illustrate the proposed architectural design and its relationship to the unique surrounding context. The site plan and elevations should reflect the entire zoning lot, which includes Lot 1 (One Pierrepont site). Drawings must indicate the graphic scale. Please include a summary of the proposed building program with all square footages identified.
F.
Zoning Calculation Respondent must submit a preliminary zoning analysis showing all calculations, including proposed use groups, required and proposed parking, and identifying all required permits and authorizations to be sought. Zoning calculations and analysis should reflect the entire zoning lot (including Lot 1) and address the special permits and zoning requirements referenced in the Declaration and Approved Plans.
G.
Construction Plan Respondent must provide a predevelopment and construction schedule for the proposed Project.
H.
Vendor Information Exchange System (“VENDEX”) Respondents must complete and submit an original VENDEX form, and pass the investigation (see Appendix C).
I.
Doing Business Date Form Local Law 34 Respondents must complete and submit an original Doing Business Data Form (Appendix D) for each entity.
J.
Minority Women Business Enterprise (“M/WBE”) Utilization Plan NYCEDC and BPL are dedicated to furthering the participation of minority and womenowned businesses (“M/WBE”) in its work. If a Respondent is proposing to redevelop the Site, they must submit a plan to address M/WBE participation in the Project during the initial redevelopment period (“M/WBE Utilization Plan”). See Appendix E for further details.
K.
HireNYC Program NYCEDC and BPL recognize the importance of creating employment opportunities for low-income persons and enabling them to participate in the City’s economic growth. If a Respondent is proposing development of the Site, it is encouraged to make good faith efforts to achieve the hiring and workforce development goals, comply with the other programmatic requirements outlined in Appendix F, and submit a plan to NYCEDC to address participation through the HireNYC Program (such plan, the “HireNYC Program Plan”).
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L.
Statement of Agreement The Respondent must submit a notarized statement signed by an authorized principal or officer of the Respondent that states that the Respondent has read this RFP and the Appendices fully and agrees to the terms and conditions set forth herein (see Appendix G).
SELECTION CRITERIA NYCEDC and BPL will use the following criteria to review submissions and select a Proposal: •
•
•
• •
• •
Adherence to development goals: Extent to which the proposed development addresses the development goals above, including: o Maximizing sale proceeds for reinvestment in the fit-out and equipping of the New Library and other urgent BPL capital needs. o Adequacy with which the proposal addresses New Library Requirements and Interim Library Space requirements as described in Appendix A. Economic Impact on New York City: Projected expenditures, including cash purchase price, construction costs and annual operating costs and retail spending. Also any applicable New York City taxes such as real property, sales, and personal income taxes, reduced by any as-of-right and discretionary incentives and benefits assumed. Employment Impact: Creation of incremental (construction) and permanent onsite employment and payroll. Development Team Qualifications: experience, development skills, and financial resources necessary to complete a high-quality Project on time and within budget. Financial Feasibility: the Respondent’s demonstrated financial condition to complete the Project with identifiable funding sources; availability of identifiable funding sources to finance the Project; Respondent’s ability to support the financial assumptions, including development costs, rents/sales prices, operating expenses, capital costs and debt service. Relationship to Surrounding Community: pedestrian access, vehicular access and circulation, building massing, parking availability, landscaping, and other aspects of the development’s relationship to the surrounding community. Land Use and Design: thoughtful and innovative architectural and urban design, innovative environmental development techniques, and the extent to which the development potential of the Site is maximized in a manner consistent with applicable zoning, and Declaration, as described in the Zoning section above. The design shall maximize the sustainable performance of the development by integrating sustainable design practices as proposed in the Respondent’s Green Building Plan.
DEVELOPER DUE DILIGENCE It is the Respondent’s responsibility to conduct due diligence on the Site.
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NYCEDC’s Site Information File (the “File”), containing important information regarding the Site, will be available by appointment only. Respondents are encouraged to review the File prior to submitting a Proposal. The File may be purchased for $50 or reviewed in NYCEDC’s offices at no charge. To review or purchase the File, please contact Serena Vega at
[email protected] or by calling 212.312.3551 The File contains: • •
Merger of Zoning Lot Declaration of Restrictions (“the Declaration”) Approved CPC architectural drawings for One Pierrepont (“Approved Plans”)
DISPOSITION PROCESS Approval Process BPL and NYCEDC and NYCLDC Board Approval The selection of a developer and all of the terms of the transaction are subject to the approval of BPL’s Board of Trustees prior to the execution of a contract of sale. It is expected that this approval will be sought prior to final developer designation. At the BPL Board’s discretion, the Selected Developer may be asked to present its plans to a meeting of either the full Board or a committee of the Board. Prior to and as a condition of closing, the disposition shall be subject to the approval of NYCEDC’s and New York City Land Development Corporation’s (“NYCLDC”) Board of Directors. City Environmental Quality Review (“CEQR”) The Site requires environmental review and approval under CEQR. It will be the Selected Developer’s responsibility to conduct environmental due diligence and prepare any necessary documents, including any Phase II testing, as required by the Department of Environmental Protection. An NYCEDC planner will assist the Selected Developer and its consultants in complying with applicable environmental review procedures. Any environmental mitigation measures or project related improvements proposed in the CEQR process will be funded by the developer at its sole cost and expense. Uniform Land Use Review Procedure (“ULURP”) The Selected Developer will be responsible for securing all necessary land use approvals, with support from BPL and NYCEDC. As anticipated, the Site will be divested to the Selected Developer for redevelopment, and the Library Unit will be reacquired by the City. Both the disposition and acquisition of City-owned property are subject to ULURP. In addition, as the Site shares a zoning lot with the adjacent building, One Pierrepont, development of the Site also requires modifications to certain approvals related to development of that building. City Charter Section 384(b)(4) City Charter Section 384(b)(4) provides the public an opportunity to review the business terms of the sale to and reacquisition from the Selected Developer. The Selected Developer will be required to complete this process, which includes both Brooklyn Community Board 2 and the
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Brooklyn Borough Board review, along with review and approval by the NYCEDC Real Estate Committee, the NYCEDC and NYCLDC Board of Directors, and the Office of the Mayor. Contract of Sale The Selected Developer will enter into a contract of sale with NYCEDC. Upon execution of the contract and in accordance with the provisions thereof, the Selected Developer will be responsible for submitting a down payment in the minimum amount of 10% of the cash purchase price. The down payment is non-refundable, subject to a land use approval contingency. Additional terms are detailed in Appendix B, Term Sheet. Pursuant to the contract of sale, the Selected Developer will be expected to complete its due diligence, including but not limited to, ordering a title report from a reputable title insurance or abstract company; commissioning a survey and metes and bounds description; preparing an EAS; conducting a Phase I site investigation and, if necessary, Phase II site investigation. All work products shall become property of BPL and NYCEDC upon submission. These expenses are non-refundable and cannot be used to offset the required down payment or otherwise credited against the cash purchase price. The proposed cash purchase price will be confirmed by an appraisal, and the final cash purchase price in the contract of sale will be the higher of the offering price or appraised value. A shortlist of Respondents being considered for selection will each be sent a contract of sale, during the selection process.
INFORMATIONAL MEETING/SITE VISIT A question and answer session to discuss the Site will be held at 10.00am on Wednesday, July 17, 2013 at NYCEDC’s offices at 110 William Street, New York, NY 10038. Those who wish to attend the informational meeting must contact
[email protected] on or before 4.00pm on Friday, July 13, 2013. Interested parties are strongly encouraged to attend the informational meeting.
CONDITIONS, TERMS AND LIMITATIONS This RFP and any transaction resulting from this RFP are subject to the conditions, terms and
limitations set forth in Appendix H.
SUBMISSIONS Six (6) copies and one (1) electronic version of the Proposal identified by “Brooklyn Heights RFP” on the envelope must be submitted to and received by NYCEDC by 4.00pm on Friday, September 20, 2013. Such Proposals must be delivered to the following address:
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New York City Economic Development Corporation 110 William Street, 6th Floor New York, NY 10038 Attn: Maryann Catalano Submission Checklist The checklist below is provided for reference purposes only. Please refer to the Proposal Requirements section of the RFP for a comprehensive description of each of the required items below. Submissions that fail to comply with the elements set forth in Proposal Requirements may be considered non-responsive. • • • • •
• • • • • •
Table of Contents for Proposal package Cash Purchase Price Project Description o Narrative description of the proposed development and operations Project Information o CD or memory stick containing pro forma statements in Excel o Letter of Interest/Intent from lender (if applicable) Respondent Description o Description of entity, including equity sources within the entity o Background information on members of the Respondent’s Team o Financial Statements for purchasing entity and principals o Current operating budget and three years of audited financials o Additional documentation, if applicable o NYCEDC Background Investigation Form Zoning Calculation Signed Statement of Agreement M/WBE Utilization Plan HireNYC Plan NYCEDC Internal Background Form Doing Business Data Form (LL34)
FURTHER INFORMATION Respondents should submit questions and/or request clarifications from NYCEDC as soon as possible, but at the latest by 4.00pm on Monday, September 9, 2013. Questions regarding the subject matter of this RFP should be directed to
[email protected]. Please note that no more questions can be accepted beyond September 9, 2013, and the e mail address will no longer be functioning. Answers to all questions will be posted periodically, but at the latest by 4.00pm on Friday, September 13, 2013 to www.nycedc.com/RFP.
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APPENDIX A: New Library Requirements All proposals must include core and shell construction of a New Library facility meeting the requirements detailed in Section (a), below. Respondents are not responsible for Interior Fit-Out of the New Library space. After the Selected Developer has been designated, BPL will work with community stakeholders to design the New Library space and determine the exact program. Details related to the design process, objectives, and anticipated program are included in Section (b), below, as additional background. At BPL’s option, the Selected Developer may be engaged to complete the Interior Fit-Out for an agreed upon fee. Additionally, proposals, including well-located, appropriate, and affordable Interim Library Space will be considered favorably. Objectives and requirements for the Interim Library Space are provided in section (c), below. a) New Library Space Core and Shell Total of 20,000 gross square feet with at least 15,000 gross square feet of contiguous space on the ground floor. The New Library should feature a regular floor plate that maximizes floor area. No more than 5,000 square feet of library space may be located below grade or above the ground floor. The space should achieve an efficiency of 85% or greater. The New Library will be self-contained, in that it will not share any common areas with the remainder of the building on the Site. The HVAC system for the New Library, however, may be integrated with that of the remainder of the building. Neither the City nor BPL will be obligated to contribute toward the common charges that will be the responsibility of owners of other condominium units in the building (the “Owner(s)”)”. Electricity, water and the portion of the HVAC system attributed to the Library Unit, will be separately metered or submetered and BPL will be responsible for paying those utility costs. The New Library must have high street visibility, with a prominent and recognizable entrance on Cadman Plaza that is welcoming and fully accessible, and will include an exterior book drop. The Cadman Plaza entrance must be separate and distinct from any other entrances to the rest of the building, establishing a clear identity for the new Brooklyn Heights branch. All space within the New Library must be fully handicap accessible. Any library space not located on a single floor must be accessible by elevator. To the extent possible, the library space should have clear spans and be free of structural elements. While it may not be possible to have column-free space throughout, it is desirable to have no less than 25- to 30-foot clear spans between columns. The New Library should be well-lit and take maximum advantage of natural daylight. There should be direct and easy access to a sufficient number of well-placed exits for safe egress in an emergency.
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The New Library will be a green facility with energy efficient heating and cooling throughout. The developer must provide an HVAC system for the entire building that meets New York City energy conservation code requirements. The system must be capable of providing continuous (year-round, 24-hour), BPL-controlled access to heating and cooling systems and should be submetered for the New Library. The cost of maintaining, repairing or replacing the building’s HVAC system will be borne by the Selected Developer and/or the Owner(s). If the project proposed by the Selected Developer includes parking, it is strongly preferred, but not required, that BPL receive the permanent use of two spaces at no cost. b) New Library Program Description The New Library will be a full-service neighborhood library serving all age groups in the community and functioning as a regional library hub. This library will provide a vibrant, 21st century learning and information gathering environment and offer all the traditional library services BPL patrons have come to expect, as well as the latest technology and flexible learning spaces. Library spaces will facilitate both quiet reading as well as more collaborative pursuits. The New Library will offer an extensive and diverse print collection in addition to state-of-theart technology resources. Patrons will have access to modern communication devices and also be able to bring their own personal devices to use in the library. The New Library will also feature extensive meeting and programming spaces to serve diverse community needs as well as library programming. The New Library will feature a more efficient layout that will allow BPL to maximize its scarce staffing resources and provide the most possible public space for its patrons. Whereas only about fifty percent of the square footage in the current Brooklyn Heights branch is available for public use, we anticipate at least eighty percent of the New Library being open to the public. The New Library space will also be designed and constructed integrating sustainable and green design strategies and will provide energy efficient heating and cooling throughout. After the Selected Developer has been designated, BPL will work with community stakeholders to design the New Library space and determine the exact program. BPL anticipates the programmatic needs of the New Library will include, but not be limited to, the following: • • • • • • • • • • •
Properly sized entry lobby with adequate space for stroller parking Adequate shelving and storage for full adult and children’s book and media collection Adult reading and computer area Young Adults reading and computer area First Five Years reading, programming and computer area Public self-service area (information desk, holds, self-check machines, OPAC, printer, etc.) Staff work processing room with convenient book drop, close to self service area Program and activity/meeting and auditorium space of similar size the to the current first floor auditorium at Brooklyn Heights Small meeting room(s) Small staff lounge area with lockers, microwave, sink, refrigerator and cabinets etc. Restrooms for staff and public (4 individual H/C rooms – 1 for staff and 3 for public )
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• • • • •
Custodian/janitor’s closet with slop sink and storage for cleaning and maintenance supplies Main Distribution Frame room or closet in staff lounge Mechanical spaces as needed Storage spaces as needed The Library will feature environmentally sustainable finishes throughout, including but not limited to water-saving fixtures and hands-free devices in all restrooms and supplemental energy efficient lighting and lighting controls, both manual and programmable.
c) Interim Library Space Requirements While the Interim Library Space will not be sized, designed or fit-out to the same level as a permanent facility, it must accommodate the primary services offered at a permanent facility. These include: a broad range of popular library materials, including books, DVDs, and periodicals; a customer service station; public computers and wifi; public seating; program space and programs for users of all ages as well as use for public meetings; and a dedicated children’s area. Physical requirements include the following: • Location within ½ mile of the Site • Publicly accessible during the Brooklyn Height Library’s regular operating hours (generally 10:00 AM to 6:00 or 8:00 PM weekdays, and 10:00 AM to 5:00 PM on Saturday) • Fully ADA compliant • Have adequate infrastructure to support BPL’s telecommunications and information technology purposes • Fully accessible, dedicated restroom facilities • BPL retains the option of operating more than one Interim Library space in order to best serve the community BPL commits to providing the following services in an Interim Library Space: • • • • • • •
A broad range of popular library materials, including books, DVDs, and periodicals A customer service station for information and material circulation Public computing for adults, teens, and children via hardwired PCs and a wireless laptop distribution program Public seating to accommodate studying and collaborative learning A robust schedule of programs for users of all ages A flexible programming space to accommodate instruction, lectures, and other public meetings A reading and recreation area for children and their caregivers
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APPENDIX B: Term Sheet Respondents are directed to fill out all sections of the Term Sheet regardless of the project included in a Respondent’s Proposal. This Term Sheet does not create or give rise to any contractual or other legally binding or enforceable rights, obligations or liabilities of any kind on the part of BPL, NYCEDC, the City, or the Selected Developer; it being the intent of BPL, NYCEDC, the City, and the Selected Developer that only a subsequently formalized written agreement covering the matters set forth herein, if duly authorized, executed and delivered by the respective parties, shall bind such parties and then only with respect to such covered matters. Respondents acknowledge that this Term Sheet does not include all terms and conditions for the proposed transactions. Moreover, Respondents acknowledge that the terms and conditions included in this Term Sheet are subject to change. General Terms 1. Selected Developer
2. Site
Block 239, Lot 16
3. Development Plan A. Project Residential ZFA Commercial ZFA Community Facility ZFA Number of Parking Spaces B. Housing Units by Income Market Rate Units Mixed-Rate Units Senior Units Units at x% of AMI Units at x% of AMI Units at x% of AMI C. Rental and Homeownership Units Rental Units Home-ownership Units D. Unit Distribution (number of units)
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Studio One-Bedroom Two-Bedroom Three-Bedroom E. Average Unit Sizes (ZSF) Studio One-Bedroom Two-Bedroom Three-Bedroom 4. Financial Terms a. Cash Purchase price: $______ i. The cash purchase price will be due upon conveyance of the Site to the Selected Developer ii. Prior to contract execution, NYCEDC will complete an appraisal to determine the Site’s fair market value. The final cash purchase price will reflect the higher of the offering price or appraised value, taking into account the appraiser’s estimated cost of providing the New Library. b. Taxes i. Selected Developer shall pay all transfer taxes, mortgage recording taxes and sales taxes imposed by the City and the State of New York in connection with the transaction contemplated herein. c. Predevelopment Costs i. A portion of the cash purchase price may be designated to reimburse BPL and/or NYCEDC for any predevelopment work associated with the ULURP Approval. 5. Development Requirements a. The Selected Developer will finance and build the core and shell of the New Library, in accordance with the New Library Requirements as described in Request for Proposals or as otherwise agreed to by the Selected Developer and BPL. b. After the closing, the Selected Developer will permit BPL to continue to operate the existing library on the Site, at no additional cost to BPL or the City, until construction commencement. c. The City or NYCEDC will purchase a condominium interest for $1 fully encompassing the New Library space. d. Any common elements or equipment that are shared between the remainder of the building and the New Library will be maintained by the Selected Developer and/or Owners at no cost to BPL or the City. The Selected Developer and/or
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Owners will be exclusively responsible for repairs and replacement of common elements. e. Any lender’s interest in the Site development will be subject to the City’s and/or NYCEDC’s interest in the New Library. 6. Selected Developer Requirements a. At Contract Execution the Selected Developer must deliver the following: i. Down payment in amount of a minimum of 10% of the total cash purchase price. ii. The down payment is non-refundable, subject to a land use approval contingency. iii. Administrative fee per the schedule in Appendix H. The administrative fee shall not be credited against the cash purchase price or any other costs incurred by the Selected Developer. The administrative fee shall be deemed earned as of the date of the execution and delivery of the contract of sale and in no event whatsoever shall Selected Developer be entitled to a refund of the administrative fee. iv. Reimbursement to BPL or NYCEDC for the appraisal cost. 7. Closing Dates for Contract of Sale a. The Closing Date shall be no more than ______ (__) months subsequent to ULURP approval. b. NYCEDC, in consultation with BPL, shall have the right, in its sole discretion, to extend the Closing Date. c. Upon the request of the Selected Developer, EDC in consultation with BPL may grant extensions to the Closing Date upon receipt of _______ ($_______) per month in consideration of extension. d. Notwithstanding anything to the contrary contained herein, if the conveyance of the Site does not occur on or before the Closing Date as unequivocally established by NYCEDC in a “time of the essence closing notice”, NYCEDC shall have the right to declare a default under the contract of sale and retain the down payment on behalf of BPL. 8. Preliminary Obligations a. Selected Developer is responsible for securing all necessary approvals, including ULURP. Selected Developer will be responsible for funding all cost associated with the approvals directly or will reimburse BPL or NYCEDC for any costs incurred on behalf of the project. ULURP fees are payable to DCP and CEQR fees payable to NYCEDC, per Appendix I below. b. ______ (__) days following the execution of the contract of sale the Selected Developer must transmit to BPL the following:
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i. A full schematic design package for the Site, which shall include: 1. Schematic versions of the site plan, foundation plans, floor plans reflecting the library space as well as all other uses, roof plans, building elevations, building sections and interior elevations 2. Narrative descriptions of HVAC, plumbing and electrical systems and their major components. c. _______ (__) days prior to the Closing Date for the Site the Selected Developer must provide a notice of completion for all required additional environmental analysis. d. _______ (__) days prior to the construction commencement for the Site the Selected Developer must transmit to BPL final construction design package for the Site. e. _______ (__) days prior to the Closing Date the Selected Developer must transmit to BPL the following: i. Evidence of financing and equity, in the form of executed financial commitments and statements of the availability of dedicated funds, certified by the appropriate officer of Selected Developer, in an aggregate amount that is sufficient to develop the Site, and on terms that BPL reasonably determines will permit the proposed development to be completed. ii. Letters of intent executed by potential tenants of any commercial or community facility space greater than 10,000 SF in size. f. If Selected Developer fails to satisfy any of the preliminary obligations then, at NYCEDC’s discretion, the agreement shall terminate, upon notice to Selected Developer from NYCEDC, the Selected Developer, BPL the City, and NYCEDC shall not have any further rights, duties or obligations hereunder, and NYCEDC may retain the down payment on behalf of BPL as liquidated damages for Selected Developer’s failure to close. 9. Conditions for Closing a. The Board of Directors of NYCEDC shall have approved the Disposition of the Site to the Selected Developer in accordance with the Contract. b. Plans and specifications for the Site shall comply with the ULURP Approval. c. Selected Developer shall be required to close simultaneously on an acquisition and construction loan with an institutional lender, in an amount which, with Selected Developer’s committed equity, is sufficient to fulfill Selected Developer’s obligations under the contract of sale and construction obligations under the deed. d. Selected Developer shall have paid for or have reimbursed NYCEDC or BPL for the appraisal for the Site. e. Selected Developer shall deliver a completion guaranty and/or other measure of security that NYCEDC and BPL deem satisfactory to ensure the timely
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completion of the New Library and timely conveyance of the Library Unit to the City. f. Delivery of the deed from the City to NYCLDC and NYCLDC to NYCEDC. 10. Additional Conditions of the Sale a. Due Diligence i. The Selected Developer will be permitted on the Site prior to closing for only non-invasive inspections or minimum work required to develop plans and pursue financing; provided that NYCEDC or BPL has sufficient security to ensure the Selected Developer will proceed to closing regardless of the testing results. ii. The Site will be disposed of in “As Is” condition. b. Environmental Provisions i. The Selected Developer hereby absolutely waives, and agrees that neither it nor its successors and assigns, if any, shall make any claim for damages, contribution, indemnification or otherwise against BPL, NYCEDC or the City, as applicable, which Selected Developer or its successors or assigns may now or hereafter have or discover in connection with hazardous substances on, in, at, under, beneath, emanating from or affecting the Site, or in connection with any voluntary or required removal or remediation thereof (including, without limitation, claims relating to the release, threatened release, disturbance, emission or discharge of hazardous substances). BPL, NYCEDC and the City shall have no liability to Selected Developer, or its successors or assigns, with regard to hazardous substances, on, at, in, under, beneath, emanating from or affecting the Site. Such waiver of liability shall cover, without limitation, any and all liability to Selected Developer, both known and unknown, present and future, for any and all environmental liabilities, including without limitation any and all strict and other liability, costs, claims, fines, penalties, damages under any and all environmental laws with respect to investigating, remediating, mitigating, removing, treating, encapsulating, containing, monitoring, abating, or disposing of any hazardous substance, and any costs incurred to come into compliance with environmental laws. ii. The Selected Developer agrees to indemnify, defend, reimburse, and hold harmless BPL, the City, NYCLDC and NYCEDC, and each of their respective officers, directors, employees, agents, successors, and assigns, and each of them from and against any and all environmental liabilities under any environmental laws. 11. Deed Provisions
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The Deed shall prescribe the following, post-closing, covenants and conditions that shall encumber the Site: a. If the following conditions are not satisfied, then NYCEDC, in consultation with and on behalf of BPL, shall have the right to declare that it is exercising its right of re-acquisition for condition broken and may thereupon re-enter the Site, without paying Selected Developer or any subsequent owner of the Site any consideration,: i. The Selected Developer has not completed the construction of the New Library core and shell in accordance with a schedule to be agreed upon with BPL prior to the execution of a contract of sale. ii. Commencement of construction of the Site has not occurred within six (6) months from the date of conveyance. iii. Construction is not in accordance with the final construction design package, the ULURP Approval, the applicable environmental requirements, and the project identified in Section 3(a) through 3(e) of the General Terms. iv. Selected Developer has not obtained a Temporary Certificate of Occupancy (“TCO”) for the Site within a prescribed time period after commencement of construction, such time period to be agreed upon with BPL prior to the execution of a contract of sale. The time period for the satisfaction of the above conditions shall be subject to extensions as a result of “Unavoidable Delays”. Unavoidable Delays shall mean delays incurred by Selected Developer due to strikes, lockouts or other labor disputes, severe weather conditions, earthquakes or other acts of God, inability to obtain labor or materials due to restrictions of Governmental Authorities, enemy action, civil commotion, fire or other casualty, acts of war or terrorism, or court orders not resulting from any unlawful action or breach of contract of Selected Developer or any affiliate thereof; provided, in each case, Selected Developer shall have given BPL notice of such unavoidable delays promptly following Selected Developer having obtained knowledge of the occurrence of same, and where and when possible the Selected Developer diligently pursues the completion of the project. b. The Selected Developer covenants that, upon completion, it shall convey the Library Unit to the City or NYCEDC for a total cost of $1. c. The Selected Developer, on behalf of itself, its successors and assigns, covenants that the Library Unit shall not be subject to payment of any common charges, otherwise payable by the Owners, so long as the Library Unit is being used for
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public library purposes, and that provisions to that effect shall be included in the declaration of condominium and any other relevant condominium documents. 12. Other a. As-Is i. At the closing of the Site, the Selected Developer will covenant that it is fully familiar with the physical condition, state of repair and tenancies or occupancies encumbering the Site, will not make any claim regarding the condition of the Site, and agrees to accept the Site “as is”. The Selected Developer will be responsible for all required environmental remediation. ii. At the closing of the Site, the Selected Developer will covenant that it has not been induced by and has not relied upon any representations, warranties or statements, whether oral or written, express or implied, made by BPL, the City, NYCEDC, NYCLDC or any agent, employee or other representative of BPL, the City, NYCEDC, NYCLDC or by any broker or any other person representing or purporting to represent BPL, the City, NYCLDC or NYCEDC concerning the Site, its state of title, condition or state of repair, the absence or presence of hazardous waste and materials upon or under the Site, or any other matter affecting or relating to the Site or this transaction which are not expressly set forth in the agreement.
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APPENDIX C: NYCEDC Background Investigation Form (VENDEX) Purpose: To satisfy VENDEX requirements for a Company or an Individual entering into a contract under $100,000, land sale, lease, license, permit, or NYCIDA Project with NYCEDC. The NYCEDC Project Manager should contact the Contracts Department VENDEX Unit to determine what forms are required. To Be Completed By: the Company Fill out the form. The document must be signed and notarized by the Company or Individual that NYCEDC is doing business with. Return the ORIGINAL documents to the NYCEDC Project Manager. The NYCEDC Project Manager must submit the documents along with the VENDEX Investigation Request Memorandum to the Contracts Department. Contact: Regina McCrory 212.312.3594 or David Lowenthal at 212-312-3886
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APPENDIX D: Doing Business Date Form (LL34) All entities that are doing or seeking to do business with the City, as well as their principal officers, owners and senior managers must follow the procedures established in Local Law 34. In order to avoid the actuality or appearance of a link between governmental decisions and large campaign contributions, lower municipal campaign contribution limits apply to the people listed in the Doing Business Database. Transactions covered by LL 34 include most contracts, concessions, franchises and grants greater than $5,000, economic development agreements, real property transactions, land use actions and pension investment contracts. Pursuant to Local Law 34 of 2007(as it may be amended from time to time, “LL 34”), amending the City’s Campaign Finance Law, the City is required to establish a computerized database containing the names of any “person” that has “business dealings with the city” as such terms are defined in the Local Law. In order for the City to obtain the necessary information to establish the required database, all entities that are doing or seeking to do business with the City, as well as their principal, officers, owners and senior managers are required to follow the procedures established in LL34. All Respondents submitting a Proposal in response to this solicitation must complete the attached Doing Business Data Form (“LL34 Form”) and return it with this Proposal submission. If the Respondent is a proposed joint venture, the entities that comprise the proposed joint venture must each complete a Data Form. If it is determined that a Respondent has failed to submit a LL34 Form or submitted a LL34 Form that is incomplete, the Respondent will be notified and will be given four (4) calendar days from receipt of notification to cure the specified deficiencies and return a complete LL34 Form. Failure to do so will result in a determination that the Proposal submission is non-responsive. Receipt of notification is defined as the day notice is emailed or faxed (if the Respondent has provided an email address of fax number), or no later than five (5) days from the date of mailing or upon delivery, if delivered.
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APPENDIX E: M/WBE Hiring Utilization Plan M/WBE Hiring Utilization Plan NYCEDC and BPL are dedicated to furthering the participation of minority and women-owned businesses (“M/WBE”) in its work. If a Respondent is proposing to redevelop the Site, they must submit a plan to address M/WBE participation in the Project (“M/WBE Utilization Plan”). M/WBE Utilization Plans should include, but not be limited to: Establishment of numerical M/WBE contracting utilization goals or targets; Strategies and methods that will facilitate participation by M/WBE firms, such as carve-outs and/or unbundling bid packages; Identification of M/WBE firms seeking construction work in connection with such redevelopment; and Establishment of administrative procedures for implementation, monitoring and reporting of M/WBE participation. Businesses that have been certified as being women- or minority-owned by the Port Authority of New York and New Jersey may be eligible to receive expedited certification from the City’s Department of Small Business Services (“DSBS”) after completing the DSBS Expedited Certification Affidavit”, which may be obtained by calling DSBS at (212) 513-6311. Job Creation Table (next page)
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APPENDIX F: HireNYC Program NYCEDC and BPL recognize the importance of creating employment opportunities for lowincome persons, enabling them to participate in the City’s economic growth. To this end, NYCEDC has developed the HireNYC program. Participation in this program requires the Selected Developer to make best faith efforts to achieve the hiring and workforce development goals described below. Each Respondent must include within its response a HireNYC program plan explaining how it will seek to achieve the goals and other requirements below and describing its experience, if any, conducting similar hiring and workforce development programs or undertaking other efforts to create employment opportunities for low-income persons in order to assist NYCEDC in its assessment of each Respondent’s capacity in this area. The program should describe all programmatic details, including, as applicable, collaboration with a Designated City Agency, implementation, record-keeping and monitoring processes and any other relevant information. For the purposes of this RFP, the target population is defined as persons who have an income that is below two hundred percent (200%) of the poverty level as determined by the New York City Center for Economic Opportunity (a description of the income level meeting this threshold for each household size is available upon request). The hiring and workforce development goals to be incorporated into the Program shall include, at a minimum, the following goals or, at each Respondent’s discretion, higher goals (collectively, the “Goals”): Hiring Goal:
Fifty percent (50%) of all new permanent jobs created in connection with the project (including jobs created by tenants but excluding jobs relocated from other sites) will be filled by members of the target population for a period beginning, for each employer, at commencement of business operations and continuing for eight (8) years thereafter.
Retention Goal:
Forty percent (40%) of all employees whose hiring satisfied the Hiring Goal will be retained for at least nine (9) months from the date of hire.
Advancement Goal: Thirty percent (30%) of all employees whose hiring satisfied the Hiring Goal will be promoted to a higher paid position within one (1) year. Training Goal:
All tenants will cooperate with the Designated City Agency to provide skills-training or higher education opportunities to members of the target population.
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The Program must include the following elements:
1. 2.
Designation of a workforce development liaison to interact with NYCEDC and the Designated City Agency during the course of the Program. Commitment by the Selected Developer (or its successors and assigns, as applicable) to do the following (and provide in each tenant lease, if any, that the tenant will do the following): a. make good faith efforts to achieve the Goals with respect to its operations; b. provide the Designated City Agency with the approximate number and type of jobs that will become available, and for each job type, a description of the basic job qualifications, at least three (3) months before commencing hiring; c. notify Designated City Agency six (6) weeks prior to commencing business operations; d. during initial hiring for any new permanent jobs, consider only applicants referred by the Designated City Agency for the first ten (10) business days, until the Hiring Goal is achieved or until all open positions are filled, whichever occurs first; e. during ongoing hiring for any new permanent jobs, consider only applicants referred by the Designated City Agency for the first five (5) business days, until the Hiring Goal is achieved or until all open positions are filled, whichever occurs first (unless the Designated City Agency reaches a different agreement with the tenant regarding ongoing hiring practices); f. submit to NYCEDC and the Designated City Agency, for eight (8) years following the date of the commencement of business operations, an annual employment and benefits survey that will include, but not be limited to: targeted hiring statistics, wages and job retention, training and advancement data; g. cooperate with annual site visits and satisfaction survey following the date of the commencement of business operations; and h. allow information collected by the Designated City Agency and NYCEDC to be included in public communications, including press releases and other media events.
3.
Commitment by the Selected Developer (or its successors and assigns, as applicable) to facilitate targeted hiring by (a) arranging meetings and other events at which HireNYC and the Designated City Agency staff can introduce potential or actual tenants to the menu of services available from the Designated City Agency and (b) assisting with
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information sharing, providing space for hiring activities and transmitting feedback from tenants regarding results of hiring initiatives.
Dalsie Andrade Senior Project Manager, Workforce Development Phone: 212-312-3876 Email:
[email protected] Program website: http://www.nycedc.com/BusinessInNYC/WorkforceDevelopment/Pages/HireNYC.aspx
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APPENDIX G: Statement of Agreement SAMPLE (On company letterhead)
Date: New York City Economic Development Corporation 110 William Street, 6th Floor New York, NY 10038 Attn: Maryann Catalano, Agency Chief Contracting Officer
Dear Ms. Catalano:
This letter hereby certifies that [Respondent] has read this RFP and the Appendices fully and agrees to the terms and conditions set forth in this RFP and Appendices.
Sincerely,
Respondent Respondent
Title
[must
be
authorized
principal
or
officer
of
the
respondent]
APPENDIX H: Conditions, Terms and Limitations NYCEDC, acting on behalf of the City of New York and BPL, is issuing this Request for Proposals (“RFP”). In addition to those stated elsewhere, this RFP and any transaction resulting from this RFP are subject to the conditions, terms and limitations stated below: A.
The Site is to be disposed of in “as is” condition and is to be conveyed subject to all applicable title matters.
B.
The City, NYCEDC, NYCLDC and BPL, and their respective officers, employees, and agents, make no representation or warranty and assume no responsibility for the accuracy of the information set forth in this RFP, the physical condition of the Site, the status of title thereto, its suitability for any specific use, the absence of hazardous waste, or any other matter. All due diligence is the responsibility of the Respondent and Respondents are urged to satisfy themselves with respect to the physical condition of the Site, the information contained herein, and all limitations or other arrangements affecting the Site. As stated in the RFP, NYCEDC will make available for review, to any Respondent so requesting, the File. Neither NYCEDC, NYCLDC, BPL nor the City will be responsible for any injury or damage arising out of or occurring during any visit to the Site.
C.
The proposed development, if disposed as a sale, will be subject to, the provisions of the New York City Zoning Resolution, all other applicable laws, regulations, and ordinances of all Federal, State and City authorities having jurisdiction, and any applicable Urban Renewal Plan, design guidelines or similar development limitations, as all of the foregoing may be amended from time to time. Without limiting the foregoing, closing on a proposed development that requires a variance from the New York City Zoning Resolutions, shall be subject to the New York State Urban Development Act and Public Authorities Accountability Act requirements, either City or State environmental quality review (“CEQR” or “SEQRA”), publication of notice of the filing of the general Project plan, scheduling and conducting a public hearing and responding to negative comments, if any. All disposition, whether compliant with New York City Zoning Resolutions or not, shall require completion of the CEQR or SEQRA, approval by the applicable Community Board, compliance with Section 384(b)(4) of the New York City Charter, and approval by NYCEDC and NYCLDC’s Board of Directors. CEQR or SEQRA compliance shall be solely at the expense of the Developer. NYCEDC and/or BPL will cooperate with the Developer in obtaining necessary approvals.
D.
A Respondent submitting a Proposal in response to this RFP may be rejected if it or, if the Respondent is a business entity, any of its principal shareholders, principals, partners or members is determined, in NYCEDC, NYCLDC’s sole discretion, to be within a category of persons or entities with whom or which the City or NYCEDC, NYCLDC will not generally do business or otherwise to be a “prohibited person” as defined by the City. Respondent and all officers and principals thereof must complete a background questionnaire and shall be subject to investigation by NYCEDC and the City’s Department of Investigation. Any designation may be revoked in NYCEDC’s sole discretion in the event any derogatory information is revealed by such investigation.
E.
Neither NYCEDC, NYCLDC, BPL, nor the City is obligated to pay and shall not pay any costs incurred by any Respondent at any time unless NYCEDC, NYCLDC or the City has expressly agreed to do so in writing. NYCEDC invites the participation of real estate brokers acting on behalf of and with the authorization of identified principals, provided that the broker arranges for the payment of its commission or other compensations exclusively by the Developer of the premises. It shall be a condition to the designation of the Developer of the Project that the Developer agrees to pay any commission or other compensation due to any broker in connection with the development of the premises, and to indemnify and hold harmless NYCEDC, NYCLDC, BPL and the City from any obligation, commission or compensation brought by any broker by reason of the Project or the development of the premises. NYCEDC and NYCLDC warrants and represents that it has not retained any broker in connection with the proposed development of the Site, liability, cost and/or expense incurred by NYCEDC, NYCLDC, BPL and/or the City as a result of any claim of commission or compensation brought by any broker by reason of the Project or the development of the premises.
G.
Only Proposals from principals will be considered responsive. Individuals in representative, agency or consultant status may submit Proposals only under the direction of identified principals, where the principals are solely responsible for paying for such services.
H.
This is a Request for Proposals not a Request for Bids. NYCEDC and NYCLDC shall be the sole judge of each response’s conformance with the requirements of this RFP and of the merits of the individual Proposals. NYCEDC and NYCLDC reserves the right to waive any conditions or modify any provision of this letter with respect to one or more applicants, to negotiate with one or more of the applicants with respect to all or any portion of the Site, to require supplemental statements and information from any Respondents, to establish additional terms and conditions, to encourage applicants to work together, or to reject any or all responses, if in its judgment it is in the best interest of NYCEDC, NYCLDC, BPL and the City to do so. If all Proposals are rejected, this RFP may be withdrawn and the Site may be retained, and re-offered under the same or different terms and conditions, or disposed of by another method, such as auction or negotiated disposition. In all cases, NYCEDC shall be the sole judge of the acceptability of the Proposals. NYCEDC will enforce the submission deadline stated in the RFP. The timing of the conditional selection may differ depending upon the degree to which further information on individual Proposals must be obtained or due to other factors that NYCEDC or NYCLDC may consider pertinent. All Proposals become the property of NYCEDC and NYCLDC.
I.
All terms in this RFP related to the permitted use and bulk of the Site shall be as defined in the New York City Zoning Resolution and any applicable Urban Renewal Plan, design guidelines, or similar development limitations and controls. Where any conflict arises in such terms, the most restrictive shall prevail.
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J.
Except as specifically provided herein, the Developer will pay all applicable taxes payable with respect to the Project, including transfer and mortgage recording taxes. Developer will be required to pay the New York City Real Property Transfer Tax and New York State Real Estate Transfer Tax, notwithstanding any exemption from sale on account of the City’s or NYCEDC or NYCLDC’s involvement in the transaction.
K.
This transaction will be structured as a “net” deal to NYCEDC, NYCEDC and BPL, with the Developer being responsible for all fees relating to the Project and all costs incurred by NYCEDC, NYCLDC and / or BPL including, but not limited to, appraisal costs, costs for outside legal counsel, if any, studies, and outside consultants.
L.
All Proposals and other materials submitted to NYCEDC and/or BPL in response to this RFP may be disclosed in accordance with the standards specified in the Freedom of Information Law, Article 6 of the Public Officers Law (“FOIL”). The entity submitting a Proposal may provide in writing, at the time of submission a detailed description of the specific information contained in its submission, which it has determined is a trade secret and which, if disclosed, would substantially harm such entity’s competitive position. This characterization shall not be determinative, but will be considered by NYCEDC and NYCLDC when evaluating the applicability of any exemptions in response to a FOIL request.
M.
In furtherance of NYCEDC and NYCLDC’s mission of economic development, the disposition of the Site will be subject to NYCEDC and NYCLDC’s standard provisions for similar transactions. The deed conveying the Site to the Developer shall contain redevelopment obligations as well as restrictions on use and transfer of the Site. Failure to comply with these restrictions will result in a right by NYCEDC, NYCLDC, BPL or the City to re-enter and re-acquire the Site for no consideration.
N.
The Developer will be required to deliver evidence to NYCEDC of the creation of employment opportunities at the Site for the first eight (8) years after the closing of the Project. The Developer must also agree in good faith to consider any Proposals made by the City or City-related entities with regard to jobs Developer is seeking to fill and to provide the City with the opportunity to make job referrals and create a training program for City residents. Developer will be required to cause commercial tenants to agree to these provisions at the time it enters into leases with such tenants.
O.
Upon submission of a Proposal to this RFP, Respondents, and their representatives and agents, shall treat their Proposals and all information obtained from the File or otherwise obtained from NYCEDC, NYCLDC, BPL or the City in connection with this RFP (the “Confidential Information”) confidentially, and shall not discuss, publish, divulge, disclose or allow to be disclosed the Confidential Information to any other Respondents or any other person, firm or entity, including press or other media, without NYCEDC’s prior written approval. Respondents shall refer all press and other inquiries concerning the RFP and the Confidential Information, without further comment, to NYCEDC.
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APPENDIX I: CEQR/ULURP Description and Fee Schedule (http://www.nyc.gov/html/dcp/html/luproc/ceqrfee.shtml): Chapter 3 of Title 62 of the Rules of the City of New York § 3-01 Fee for CEQR Applications. Except as specifically provided in this section, every application made pursuant to Executive Order 91 and Chapter 5 of these rules shall include a non-refundable fee which shall be submitted to the lead agency for the action or to an agency that could be the lead agency pursuant to § 5-03 of the rules of the Commission, and shall be in the form of a check or money order made out to the "City of New York". The fee for an application shall be as prescribed in the following Schedule of Charges, § 3-02 of these rules. The fee for modification for an action, which modification is not subject to § 197-c of the New York City Charter shall be twenty percent of the amount prescribed in the Schedule of Charges for an initial application. The fee for any modification for an action, which is subject to § 197-c of the New York City Charter shall be the amount set forth in the Schedule of Charges (§3-02) as if the modification were an initial application for the action. Where the fee for an application is set pursuant to § 3-02(a), and the square footage of the proposed modification is different from the square footage of the original action, the fee for an application for the modification shall be based upon the square footage of the modified action or as set forth in § 3-02(b), as determined by the lead agency. Agencies of the federal, state or city governments shall not be required to pay fees, nor shall a neighborhood, community or similar association consisting of local residents or homeowners organized on a non-profit basis be required to pay fees, if the proposed action for purposes of CEQR review consists of a zoning map amendment for an area of at least two blocks in size, in which one or more of its members or constituents reside. Fees shall be paid when the application is filed, and these fees may not be combined in one check or money order with fees required pursuant to other land use applications submitted to the Department of City Planning or the City Planning Commission. No application shall be processed by the lead agency until the fee has been paid and twenty-five copies of the application have been filed with the lead agency.
§ 3-02 Schedule of Charges (a) Projects measurable in square feet (Square Footage of Total Project). Less than 10,000 sq. ft. $460 10,000 to 19,999 sq. ft. $1,350 20,000 to 39,999 sq. ft. $2,940 40,000 to 59,999 sq. ft. $5,465 60,000 to 79,999 sq. ft. $8,195 80,000 to 99,999 sq. ft. $13,660 100,000 to 149,999 sq. ft. $27,325 150,000 to 199,999 sq. ft. $47,815
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200,000 to 299,999 sq. ft. 300,000 to 499,999 sq. ft. 500,000 to 1,000,000 sq. ft Over 1,000,000 sq. ft.
$71,415 $128,545 $192,820 $314,225
(b) Projects not measurable in square feet (Ex. bus franchises) Type II Actions
$1,880 $110
(c) Supplemental Fee for Environmental Mitigation In addition to all other applicable fees as set forth above, a supplemental fee of $8,000 shall be required for CEQR applications filed on or after July 1, 2009, for which a restrictive declaration to ensure compliance with project components related to the environment and/or mitigation of significant adverse impacts will be executed. FEES FOR APPLICATIONS PURSUANT TO CITY CHARTER § 197-C AND OTHER APPLICATIONS
Except as specifically provided in this section, every type of application listed in Section 3.07, Schedule of Charges, effective as of the date such application is submitted to the Department of City Planning, shall include a non- returnable fee which shall be paid by check or money order made out to the City of New York. The fee of an initial application, or for a modification, renewal or follow-up action, shall be as prescribed in the following Schedule of Charges, provided that if an applicant simultaneously submits applications for several actions relating to the same Project, the maximum fee imposed shall be two hundred percent of the single highest fee. However, an additional fee shall be charged for any application later filed in relation to the same Project, while such Project is pending review and determination. Agencies of the federal, state or city governments shall not be required to pay fees nor shall any fees be charged if a neighborhood, community or similar association consisting of local residents or homeowners organized on a non-profit basis applies for a zoning map amendment for an area of at least two blocks in size, in which one or more of its members or constituents reside. SCHEDULE OF FEES FOR ULURP APPLICATIONS
(http://www.nyc.gov/html/dcp/html/luproc/ulurpfee.shtml): Chapter 3 of Title 62 of the Rules of the City of New York
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§ 3-06 Fee for Applications Pursuant to City Charter § 197-c and Other Applications.
Except as specifically provided in this section, every type of application listed in Section 3.07, Schedule of Charges, shall include a non-returnable fee which shall be paid by check or money order made out to the City of New York. The fee for an initial application, or for a modification, renewal or follow-up action, shall be as prescribed in the following Schedule of Charges, provided that if an applicant simultaneously submits applications for several actions relating to the same project, the maximum fee imposed shall be two hundred percent of the single highest fee, provided that such maximum fee limitation shall not apply to supplemental fees. An additional fee shall be charged for any applications later filed in relation to the same project, while such project is pending review and determination. Agencies of the federal, state or city governments shall not be required to pay fees nor shall any fees be charged if a neighborhood, community or similar association consisting of local residents or homeowners organized on a non-profit basis applies for a zoning map amendment for an area of at least two blocks in size, in which one or more of its members or constituents reside. § 3-07 Schedule of Charges (a) Applications for Special Permits and Zoning Map amendments pursuant to Section 197-c of the City Charter: (1) Applications for special permits: For special permits, the total amount of floor area, or in the case of open uses, area of the zoning lot: Less than 10,000 square feet
$2,040
10,000 to 19,999 square feet
$3,100
20,000 to 39,999 square feet
$4,080
40,000 to 69,999 square feet
$5,215
70,000 to 99,999 square feet
$6,125
100,000 to 239,999 square feet $6,805 240,000 to 500,000 square feet $17,765 over 500,000 square feet
$29,485
For this purpose, the amount of floor area shall be calculated based upon the floor area for the entire development or enlargement.
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(2) Applications for zoning map amendments, the area of all zoning lots in the area to be rezoned: Less than 10,000 square feet
$2,190
10,000 to 19,999 square feet
$3,250
20,000 to 39,999 square feet
$4,310
40,000 to 69,999 square feet
$5,445
70,000 to 99,999 square feet
$6,425
100,000 to 239,999 square feet $7,105 240,000 to 500,000 square feet $18,445 over 500,000 square feet
$30,620
(b) Applications for changes to the City Map, Landfills: Except for applications to eliminate a mapped but unimproved street from the property of an owner-occupied, one- or two-family residence, for which no fee shall be charged, fees are as follows: Elimination of a mapped but unimproved street Establishment of a Landfill Any other change in The City Street Map
$1,740 $3,400 $5,445
(c) Applications for franchises and revocable consents: (1)
Applications
pursuant
to
§197-c
of
the
City
Charter
–
$3,400
(2) Enclosed sidewalk cafes pursuant to New York City Administrative Code section 20-225: $55 per seat/minimum of $1360
(d) Applications for amendments to the text of the Zoning Resolution pursuant to Section 201 of the City Charter –$5,445 (e) Applications for zoning certifications and zoning authorizations: (1) For certification for public school space pursuant to Section 107-123 of Article X, Chapter 7 (Special South Richmond Development District) of the Zoning Resolution, the fee shall be $160. (2) Pursuant to Article VI, Chapter 2 (Special Regulations Applying in The Waterfront Area), Article X, Chapter 5 (Natural Area District), Article X, Chapter 7
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(Special South Richmond Development District) and Article XI, Chapter 9 (Special Hillsides Preservation District) of the Zoning Resolution.
Certifications
For an application for one zoning lot with no more than two existing or proposed dwelling units and no commercial or community facility use…. $380 For all other applications the fee for each zoning lot shall be $430.
Authorizations
For an application for one zoning lot with no more than two existing or proposed dwelling units and no commercial or community facility use ….$755 For all other applications with no commercial or community facility use, the fee shall be based upon the number of dwelling units being proposed, in the amount of $830 per dwelling unit, however, in cases of open uses, the fee shall be based upon the area of the zoning lot, and in cases of community facility or commercial uses, the fee shall be based upon the total amount of floor area, as follows: Less than 10,000 square feet 10,000 to 19,999 square feet 20,000 to 39,999 square feet 40,000 to 69,999 square feet 70,000 to 99,999 square feet 100,000 square feet and over
$1,060 $1,590 $2,040 $2,645 $3,100 $3,400
(3) Pursuant to §95-04 (Transit Easements) of the Zoning Resolution --
$270
(4) Pursuant to all other sections of the Zoning Resolution: Total amount of floor area, or in the case of open uses, area of the zoning lot: Less than 10,000 square feet 10,000 to 19,999 square feet 20,000 to 39,999 square feet 40,000 to 69,999 square feet 70,000 to 99,999 square feet 100,000 square feet and over
$1,060 $1,590 $2,040 $2,645 $3,100 $3,400
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In the case of a transfer of development rights or floor area bonus, the fee shall be based upon the amount of floor area associated with such transfer or bonus. (f) Modifications, follow-up actions and renewals (1) The fee for an application which requests a modification of a previously approved application, where the new application is subject to § 197-c of the New York City Charter, shall be the same as the current fee for an initial application, as set forth in this Schedule of Charges. (2) The fee for an application which requests a modification of a previously approved application, where the new application is not subject to § 197-c of the New York City Charter, shall be one-half of the current fee for an initial application, as set forth in this Schedule of Charges. (3) The fee for a follow up action under the Zoning Resolution, or a restrictive declaration or other legal instrument shall be one-quarter of the amount prescribed in this Schedule of Charges for an initial application. (4) The fee for the renewal of a previously approved enclosed sidewalk cafe shall be one-half of the amount prescribed in this Schedule of Charges for an initial application. (5) The fee for the renewal pursuant to Section 11-43 of the Zoning Resolution of a previously approved special permit or authorization which has not lapsed shall be one-half of the amount prescribed in this Schedule of Charges for an initial application. (g) Supplemental Fee for Large Projects In addition to all applicable fees as set forth above, a supplemental fee shall be required for the following applications: Applications that may result in the development of 500,000 to 999,999 square feet of floor area $80,000 Applications that may result in the development of 1,000,000 to 2,499,000 square feet of floor area $120,000 Applications that may result in the development of at least 2,500,000 square feet of floor area $160,000 § 3-08 Natural Feature Restoration Fee
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In the event that an application, pursuant to §§105-45, 107-321, 107-65, and 119-40 of the Zoning Resolution, for the restoration of trees that have been removed or topography that has been altered without the prior approval of the City Planning Commission pursuant to §§105-40, 107-60, 119-10, 119-20, or 119-30 of the Zoning Resolution is filed, the fee for such application shall be $.10 per square foot, based upon the total area of the zoning lot, but in no case to exceed $18,900.00. This section shall not apply to developments for which zoning applications have been approved by the City Planning Commission prior to January 6, 1983 and for which an application for a building permit has been filed prior to January 6, 1983. § 3-09 Fee for Zoning Verification The fee for a request that the Department of City Planning verify in writing the zoning district(s) in which a property is located shall be $110 per request. Each zoning verification request shall be made in writing, and shall include the address, borough, tax block and lot(s) of the property. Each separate property shall be a separate request; however, a property comprised of multiple contiguous tax lots shall be treated as a single request.
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APPENDIX J: Administrative Fee Schedule Purchase Price: Less than $100,000 $100,001-$500,000 $500,001-$1,000,000 $1,000,001-$5,000,000 More than $5,000,000
Fee: $5,000 $20,000 $40,000 $50,000 1% of purchase price
APPENDIX K: Economic Development Benefits The following are economic development benefits that may be available to certain types of Projects if the Project meets eligibility requirements, including but not limited to factors such as site use and location. The descriptions are for general informational purposes only. The potential benefits and incentives described herein are subject to approval by the appropriate government agencies. Accordingly, neither the RFP respondents nor any third party should view the contents of this section as a final offer from, or commitment of, the City, NYCEDC, NYCLDC or other agencies. For more information on these and other economic development benefits, please refer to www.NYCEDC.com. Relocation Employment Assistance Program (“REAP”) REAP encourages businesses to relocate from Manhattan south of 96th Street, or from outside the city, to eligible premises in Manhattan north of 96th Street and all other boroughs. Qualified businesses (excluding retail activities and hotels) are entitled to a credit against a city business income tax liability of up to $3,000 per eligible employee per year for up to 12 years. Businesses must relocate either to a building improved by at least 50% of its assessed value or sign a lease of at least three years and spend a minimum of $25 per square foot on improvements. The city business income taxes against which the credit can be taken include the general corporation tax, unincorporated business tax, banking corporation tax or the utility tax. Credits are refundable for the year of relocation and the succeeding four years. Unused credits from subsequent years may be carried forward for five years. For more information, including eligibility requirements, please visit: http://www.nyc.gov/html/dof/html/property/property_tax_reduc_reap.shtml Industrial and Commercial Abatement Program (“ICAP”) The Industrial and Commercial Abatement Program (ICAP) provides a partial exemption from or abatement of property taxes for varying periods of up to 25 years for eligible industrial or commercial buildings that are constructed, expanded, modernized, rehabilitated or otherwise physically improved. ICAP benefits are granted "as-of-right" to all applicants whose Projects qualify under the provisions of the legislation. All applicants must file preliminary applications with the Department of Finance prior to the issuance of a building permit or, if no permit is required, prior to the start of construction. All applicants must meet the minimum required expenditure target, which is a percentage of the assessed value of the property determined in the year the building permit is issued or, if no permit is required, at the start of construction. For more information, including eligibility requirements, please visit: http://www.nyc.gov/html/dof/html/property/property_tax_reduc_incentive.shtml New York City Industrial Development Agency (“IDA”) NYCEDC administers the programs of the New York City Industrial Development Agency. The IDA issues double and triple tax-exempt industrial development revenue bonds to assist eligible commercial, industrial, and nonprofit corporations to finance capital expansion Projects within
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the City’s five boroughs. These organizations may also qualify for abatements on their sales, real estate and mortgage recording taxes (if applicable). An eligible Project must create or retain permanent jobs in New York City and must need IDA financing in order to move forward. Bond proceeds must be used for acquiring land and/or equipment. For more information regarding the programs’ eligibility requirements and restrictions, contact New York City Economic Development Corporation Strategic Investments Group 110 William Street New York, NY 10038 (212) 312-3600/(888) NYC-0100 www.NYCEDC.com/nycida Energy Cost Savings Program (“ECSP”) The energy cost savings program reduces electricity and natural gas bills. Qualifying businesses must either (1) relocate to the Site from outside of New York City or from Manhattan below 96th Street; or (2) make an investment that is greater than 10 percent of the Site’s Assessed Value. Retailers, hotels, personal-service providers, and public-benefit corporations are not eligible For more information regarding these requirements, contact: Energy Cost Savings Program New York City Department of Small Business Services 110 William Street New York, NY 10038 (212) 513-6415 www.nyc.gov/html/sbs In addition to ECSP, other energy discount programs may be available. For more information, contact: New York City Economic Development Corporation Energy Department 110 William Street New York, NY 10038 (212) 312-3600/(888) NYC-0100 New Markets Tax Credit Program (“NMTC Program”) The New Markets Tax Credit (NMTC) Program permits taxpayers to receive a credit against Federal income taxes for making qualified equity investments in designated Community Development Entities (CDEs). Substantially all of the qualified equity investment must in turn be used by the CDE to provide investments in low-income communities. The credit provided to the investor totals 39% of the cost of the investment and is claimed over a seven-year credit allowance period. The NMTC Program is administered by the federal Community Development Financial Institutions (CDFI) Fund. For more information regarding the program’s eligibility requirements and restrictions, as well as a complete listing of CDEs with an allocation of the tax credits that 67
may be used in the financing of Projects and businesses located in low-income areas of New York City please visit: http://www.cdfifund.gov
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APPENDIX L: Green Building Information Background Information for High Performance/Green Building Development
Please refer to the following list of Internet resource sites to facilitate with high performance/green building research. In addition, please refer to LEED and the New York State Green Building Tax Credit guidelines. Green Building Funding Sources:
New York State Green Building Tax Credit New York State Department of Taxation and Finance Business Tax Hotline: 1-800-972-1233 General Tax Information Hotline: 1-800-225-5829 New York State Energy Research and Development Authority Craig Kneeland, Project Manager (518) 862-1090 ext. 3311 e-mail:
[email protected] New York State Department of Environmental Conservation James Austin, Assistant Commissioner Phone: (518) 485-8437 e-mail:
[email protected] web site: http://www.dec.state.ny.us Green Building Program Information:
New York State Energy and Research Development Authority For more information about NYSERDA’s building Programs, contact: NYSERDA Technical Communications Unit Corporate Plaza West 286 Washington Avenue Extension Albany, NY 12203-6399 Phone: (518) 862-1090 ext 3250 web-site: http://www.nyserda.org United States Department of Energy For more information about USDOE building programs, contact:
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Dru Crawley 1000 Independence Avenue, SW Washington, DC 20585 Phone: (202) 586-2344 Fax: (202) 586-1628 e-mail:
[email protected] web-site: http://www.doe.gov Green Building Resources:
American Council for an Energy-Efficient Economy http://www.aceee.org Energy Efficiency and Renewable Energy Network (EREN) http://www.eren.doe.gov Energy Star Program (U.S. EPA) http://www.energystar.gov Environmental Building News http://www.buildinggreen.com Environmental Defense Fund http://www.edf.org Natural Resources Defense Council http://www.nrdc.org New York State Energy and Research Development Authority http://www.nyserda.org Rocky Mountain Institute http://www.rmi.org Southface Energy Institute http://www.southface.org US Department of Energy http://www.doe.gov US Environmental Protection Agency http://www.epa.gov US Green Building Council http://www.usgbc.org
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