Resolution: Approval of extension of sales tax exemption period for International Contractors Corp / Jam Two LLC.

    RESOLUTION

    A meeting of County of Sullivan Industrial Development Agency (“Agency”) was convened in session at the Sullivan County Government Center, 100 North Street, Village of Monticello, Sullivan County (“County”), New York on November 9, 2015, at 11:00 a.m. local time.

    The meeting was called to order by Chairman Ira Steingart, and, upon roll being called, the following members of the Agency were:

    PRESENT                   ABSENT

    Ira Steingart                            [    x      ]                       [          ]

    Edward T. Sykes                    [          ]                       [     x     ]

    Suzanne Loughlin                   [     x      ]                       [          ]

    Charles Barbuti, Jr.                 [   x       ]                       [          ]

    Sean Rieber                             [          ]                       [     x      ]

    Howard Siegel                        [    x      ]                       [           ]

    Carol Roig                               [     x     ]                       [           ]

    Paul Guenther                         [     x     ]                       [          ]

    Scott Smith                             [     x     ]                       [           ]

    The following persons were also present:

    Steve White, Chief Executive Officer

    Jennifer CS Brylinski, Agency Executive Director

    Jennifer M. Flad, Agency Vice-President of Government Affairs and Business Development

    Walter F. Garigliano, Agency General Counsel

    The following resolution was duly offered by Charles Barbuti, Jr., and seconded by Paul Guenther, to wit:

    Resolution No. 29 – 15

    RESOLUTION EXTENDING THE SALES TAX ABATEMENT PERIOD FOR THE INTERNATIONAL CONTRACTORS CORP. (“ICC”) AND JAM TWO, LLC (“JAM TWO” AND TOGETHER WITH ICC, COLLECTIVELY, THE “COMPANY”) PROJECT NUNC PRO TUNC FROM SEPTEMBER 30, 2015 THROUGH AND INCLUDING MARCH 31, 2016  

    WHEREAS, the Agency was created by Chapter 560 of the Laws of 1970 of the State of New York, as amended, pursuant to Title I of Article 18-A of the General Municipal Law of the State of New York (collectively, the “Act”) as a body corporate and politic and as a public benefit corporation of the State of New York; and

    WHEREAS, on or about October 1, 2014, the Agency closed a sale/leaseback transaction with the Company consisting of: (i) the acquisition, construction, reconstruction, renovation, rehabilitation, installation and equipping of an approximately 12,000 square foot building intended to be used as a roofing contractor shop and metal roof panel fabrication plant (“Building”) situate on one (1) parcel of real estate consisting of approximately 5.00 ± acres located at 46 Industrial Park Road, White Lake, New York in the Town of Bethel, County of Sullivan, State of New York and identified on the Town of Bethel tax map as Section 18, Block 1, Lot 16.3 (“Land”) and related facilities owned by the Agency; (ii) the acquisition and installation thereon and therein of certain machinery, equipment and tools (“Equipment”) (collectively, the Building, the Land and the Equipment are referred to as the “Facility” or the “Project”); and (iii) leasing the Facility from the Agency to the Company; and

    WHEREAS, the Company, by fax, dated November 30, 2015 requested that the sales tax abatement period for the Project be further extended for six (6) months nunc pro tunc to the expiration of the recently expired Sales Tax Abatement Letter; and

    WHEREAS, the Agency contemplates authorizing the extension of the sales tax abatement period for an additional six (6) months nunc pro tunc from September 30, 2015 through and including March 31, 2016 for the purpose of facilitating the Company’s ongoing (i) reconstruction, renovation, rehabilitation, installation and equipping of the Facility.

    NOW, THEREFORE, BE IT RESOLVED, that the sales tax abatement period for the Project be, and hereby is, extended nunc pro tunc from September 30, 2015 through and including March 31, 2016 for the purpose of facilitating the Company’s ongoing (i) reconstruction, renovation, rehabilitation, installation and equipping of the Facility.

    The question of adoption of the foregoing resolutions were duly put to a vote on roll call, which resulted as follows:

    Ira Steingart                            [  x  ] Yes         [    ] No        [    ] Absent        [    ] Abstain

    Edward T. Sykes                    [    ] Yes         [    ] No        [  x  ] Absent        [    ] Abstain

    Suzanne Loughlin                   [  x  ] Yes         [    ] No        [    ] Absent        [    ] Abstain

    Charles Barbuti, Jr.                 [ x   ] Yes         [    ] No        [    ] Absent        [    ] Abstain

    Sean Rieber                             [    ] Yes        [    ] No        [  x  ] Absent        [    ] Abstain

    Howard Siegel                       [  x  ] Yes         [    ] No        [    ] Absent        [    ] Abstain

    Carol Roig                               [ x   ] Yes         [    ] No        [    ] Absent        [    ] Abstain

    Paul Guenther                         [  x  ] Yes         [    ] No        [    ] Absent        [    ] Abstain

    Scott Smith                             [ x   ] Yes         [    ] No        [    ] Absent        [    ] Abstain

    The resolution was thereupon duly adopted.

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