RESOLUTION
A regular meeting of County of Sullivan Industrial Development Agency (“Agency”) was convened in public session at the Sullivan County Government Center, 100 North Street, Village of Monticello, Sullivan County, New York on February 8, 2016 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 ]
Sean Rieber [ x ] [ ]
Charles Barbuti, Jr. [ x ] [ ]
Scott Smith [ ] [ x ]
Howard Siegel [ x ] [ ]
Carol Roig [ x ] [ ]
Paul Guenther [ ] [ x ]
The following persons were also present:
Steve White, Chief Executive Officer
Jennifer Flad, Agency Vice President of Government Affairs and Business Development
Julio Garaicoechea, Agency Project Manager
Walter F. Garigliano, Agency General Counsel
The following resolution was duly offered by Edwary Sykes, and seconded by Charles Barbuti to wit:
Resolution No. 04 – 16
RESOLUTION EXTENDING THE SALES TAX ABATEMENT PERIOD FOR THE CATSKILL DISTILLING COMPANY, LTD (“CATSKILL”) AND REDFORD, LLC (“REDFORD” AND TOGETHER WITH CATSKILL, THE “COMPANY”) PROJECT NUNC PRO TUNC FROM JANUARY 1, 2016 THROUGH AND INCLUDING JUNE 30, 2016
WHEREAS, by Title 1 of Article 18-A of the General Municipal Law of the State of New York (“State”), as amended, and Chapter 560 of the Laws of 1970 of the State, as amended and codified as Section 960 of the General Municipal Law (collectively, the “Act”), the Agency was created with the authority and power to own, lease and sell property as authorized by the Act; and
WHEREAS, on August 12, 2009, the Company and the Agency closed a sale/leaseback transaction consisting of the: (i) acquisition, construction, installation and equipping of a building to consist of approximately 4,650″ square feet with an approximately 900″ square foot mezzanine to house a micro-distillery (“Distillery”) and acquisition, reconstruction, rehabilitation, installation and equipping of an existing building to house an office and operations center for the Distillery (“2009 Office Building and together with the Distillery, collectively, the “2009 Buildings”) situate on two (2) parcels of real estate consisting of approximately 8.90″ acres to be located along State Route 17B in the Town of Bethel (“Town”), County of Sullivan (“County”), State and identified on the Town tax map as Section 26, Block 1, Lot 6 and Section 22, Block 1, Lot 62 (“Land”) and related facilities in which the Agency acquired an interest; (ii) acquisition and installation thereon and therein of certain furniture, fixtures, machinery, equipment and tools (“2009 Equipment”); (iii) construction of improvements to the 2009 Buildings, the Land and the 2009 Equipment (collectively, the 2009 Buildings, the Land and the 2009 Equipment are referred to as the “2009 Project”); and (iv) lease of the 2009 Project from the Agency to the Company; and
WHEREAS, the Company and the Agency entered into the following documents:
- Amended and Restated Agent Agreement, dated August 11, 2009;
- Bill of Sale to the Agency, dated August 12, 2009;
- Lease Agreement and memorandum thereto, dated August 12, 2009; and
- Payment in Lieu of Taxation Agreement, dated August 12, 2009;
Items #1 through #4 are collectively referred to as the (“2009 Project Documents”); and
WHEREAS, on June 1, 2015, the Company and the Agency closed on a transaction consisting of: (i) the renovation, installation and equipping of the 2009 Office Building for use as a restaurant/saloon and office building (“Restaurant/Saloon”); (ii) the renovation, installation and equipping of an existing barn approximately 900± square feet in size for use to age whiskey (“Barrel House #1”); (iii) construction, installation and equipping of a storage facility approximately 1,680± square feet in size for use to age whiskey (“Barrel House #2”); (iv) the construction, installation and equipping of a 2 story storage facility approximately 9,000± square feet in size to be used for storage and to age whiskey (“Storage/Barrel House #3”); (v) the construction, renovation, installation and equipping of an existing building to be used as a garage (“Garage”); (vi) the construction, renovation, installation and equipping of an existing building to be used as an office and art gallery (“Office/Gallery” and together with the Restaurant/Saloon, the Barrel House #1, the Barrel House #2, the Storage/Barrel House #3 and Garage are collectively referred to as the “Buildings”) situate on the Land and related facilities in which the Agency acquired an interest; (vii) the acquisition and installation thereon and therein of certain furniture, fixtures, machinery, equipment and tools (“Equipment”); (viii) the construction of improvements to the Buildings, the Land and the Equipment (collectively, the Buildings, the Land and the Equipment are referred to as the “Project”); and (ix) leasing of the Project from the Agency to the Company; and
WHEREAS, the Company by Letter, dated January 26, 2016, requested that the sales tax abatement period be extended for another six (6) months nunc pro tunc from January 1, 2016 to June 30, 2016 to provide sales tax abatement financial assistance allowing the Company to continue the construction and preparation of plumbing and interior electric for the bottling line, painting, landscaping, parking lots and outside lighting; and
WHEREAS, the Agency contemplates authorizing the extension of the sales tax abatement period for six (6) additional months nunc pro tunc from January 1, 2016 through and including June 30, 2016 for the purpose of facilitating the foregoing.
NOW, THEREFORE, BE IT RESOLVED, that the sales tax abatement period for the Project be, and hereby is, extended nunc pro tunc from January 1, 2016 through and including June 30, 2016 to continue the construction and preparation of plumbing and interior electric for the bottling line, painting, landscaping, parking lots and outside lighting.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Ira Steingart [ x ] Yes [ ] No [ ] Absent [ ] Abstain
Edward T. Sykes [ x ] Yes [ ] No [ ] Absent [ ] Abstain
Suzanne Loughlin [ ] Yes [ ] No [ x ] Absent [ ] Abstain
Sean Rieber [ x ] Yes [ ] No [ ] Absent [ ] Abstain
Charles Barbuti, Jr. [ x ] Yes [ ] No [ ] Absent [ ] Abstain
Scott Smith [ ] Yes [ ] No [ x ] Absent [ ] Abstain
Howard Siegel [ x ] Yes [ ] No [ ] Absent [ ] Abstain
Carol Roig [ x ] Yes [ ] No [ ] Absent [ ] Abstain
Paul Guenther [ ] Yes [ ] No [ x ] Absent [ ] Abstain
The resolution was thereupon duly adopted.
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