EPT Concord II, LLC Application

    APPLICATION

    TO

    COUNTY OF SULLIVAN INDUSTRIAL DEVELOPMENT AGENCY

    FOR

    FINANCIAL ASSISTANCE

    I.          APPLICANT INFORMATION:

    Company Name:  EPT Concord II, LLC

     Address:                909 Walnut Street-200 Kansas City, MO 64106

    Phone No.:             (816) 472-1700

    Telefax No.:           (816) 472-5794

    Email Address:      Tim Lies – Tlies@eprkc.com;

            Robert Drumm – Robertd@eprkc.com

    Fed Id. No.:             43-1790877

    Contact Person:     Steve Vegliante, Esq. 

    Principal Owners/Officers/Directors (list owners with 15% or more in equity holdings with percentage ownership): 

    Principal Owners (Shareholders/Members/Owners)            EPT Concord, LLC

    Directors/Managers: David M. Brain and Gregory K. Silvers

    Officers: For Corporate Structure, see attached Schematic-Exhibit A

     

    Corporate Structure (attach schematic if Applicant is a subsidiary or otherwise affiliated with another entity)

    Form of Entity:

    ______ Corporation (Sub-s)

    Date of incorporation:        _________________________________

    State of incorporation:        ________________________________

    Partnership

    General______________________ or Limited__________________

    Number of general partners_______________

    If applicable, number of limited partners________________

     

    Date of formation:____________________

    Jurisdiction formation:__________________

    X Limited Liability Company/Partnership (number of members 1)

    Date of organization:                        June 10, 2010

    State of organization:         Delaware and authorized to do business in New York.  See Exhibit B annexed hereto.

    Sole Proprietorship

    If a foreign organization, is the Applicant authorized to do business in the State of New
    York? Yes X         No_____    N/A__       (If so, please append Certificate of Authority.

                                                                    See Exhibit B – Certificate of Authority

    APPLICANT’S COUNSEL

    Name:              Steven Vegliante, Esq.

    Address:        510 Wild Turnpike / P.O. Box 368, Mountaindale, NY12763

    Phone No.:    (845) 434-6688

    Telefax No.: (845) 436-7788

    Email Address:   svegliante@hvc.rr.com

    II.        PROJECT INFORMATION

    A) Describe the proposed acquisitions, construction or reconstruction and a description of the costs and expenditures expected. Attach additional sheets, if necessary.

     

    Please see Exhibit C for Project Description.

     COST BENEFIT ANALYSIS:

    Costs = Financial Assistance

    Estimated Sales Tax Exemption                          $    3,120,000[1]

    Estimated Mortgage Tax Exemption                   $    N/A

    Estimated Property Tax Abatement                     $    TBD[2]

    Estimated Interest Savings IRB Issue                 $   N/A

     

    See also attached Exhibit E for Economic Analysis in support of this Application.       

                     Overall Project                                    

     

    Jobs created:                                    2642                                                       

    Jobs retained                                    N/A                                                       

    Private funds invested     $772mm                                              

    Other Benefits 

    B)       Project Address:     See Figure 1 of Exhibit C for Project Location                             

    Tax Map Number(s): See attached Exhibit D                            

    Located in the Village of __________________                                  

    Located in Town of  Thompson                                        

    Located in the School District of Monticello CSD                     

    Located in Hamlet of     N/A                                        

     

    C)         Are Utilities on Site? 

    Water/Sewer     No                                           Electric    Yes

    Gas    ______                                                           Storm Sewer   No 

    D)         Present legal owner of the site:  EPT Concord II, LLC-See Exhibit D

    If other than Applicant, by what means will the site be acquired for this Project:

    E)         Zoning of Project Site: Current:       PRD             Proposed:________

    F)         Are any variances needed:      No

    G)        Principal Use of Project upon completion:       Destination Resort – See Exhibit C -Project Description  

    H)       Will the Project result in the removal of a plant or facility of the Applicant from one area of the State of New York to another? YES_______________ NO   X . 

               Will the Project result in the removal of a plant or facility of another proposed
              occupant of the Project from one area of the State of New York to another area
              of the State of New York? YES________ NO   X

               Will the Project result in the abandonment of one or more plants or facilities
              located in the State of New York? YES_______        NO    X

     I)        Estimate how many construction/permanent jobs will be created or retained as a      

              result of this Project:

      Overall Project

             Construction:                6,325/5,674 person-years[3]

              Permanent:                    2642                                                                     

              Retained:                        300                                                       

    See also Exhibit E for Economic Analysis in support of Application

     

     

     

    J)        Financial Assistance being applied for:

                                                                  Estimated Value         

                                                                                            Overall Project                    

     

    Real Property Tax Abatement                                            $ TBD[4]

    Mortgage Tax Exemption                                                    $ N/A

    Sales and Use Tax Exemption                                             $  3,120,000[5]                       

    Issuance by the Agency of Tax Exempt Bonds                   $ N/A

     

    K)Project Costs (Estimates) Land $ 193,000,000
    Building/Equipment/Soft costs $   15,000,000
    Other( Infrastructure) $   50,000,000
    Total $ 258,000,000
    REPRESENTATIONS BY APPLICANT 

    REPRESENTATIONS BY THE

      

     

     

    APPLICANT

    REPRESENTATIONS BY APPLICANT 

    The Applicant understands and agrees with the Agency as follows:

    A)           Job Listings.   In accordance with Section 858-b (2) of the New York General
    Municipal Law, the Applicant understands and agrees that, if the Project receives
    any Financial Assistance from the Agency, except as otherwise provided by
    collective bargaining agreements, new employment opportunities created as a
    result of the Project will be listed with the New York State Department of Labor
    Community Services Division (the “DOL”) and with the administrative entity
    (collectively with the DOL, the “JTPA Entities”) of the service delivery area
    created by the federal job training partnership act (Public Law 97-300) (“JTPA”)
    in which the Project is located. 

    B)                 First Consideration for Employment.  In accordance with Section 858-b (2) of the
    New York General Municipal Law, the Applicant understands and agrees that, if
    the Project receives any Financial Assistance from the Agency, except as
    otherwise provided by collective bargaining agreements, where practicable, the
    Applicant will first consider persons eligible to participate in JTPA programs who
    shall be referred by the JTPA Entities for new employment opportunities created
    as a result of the Project. 

    C)                Annual Sales Tax Filings.   In accordance with Section 874(8) of the New York
    General Municipal Law, the Applicant understands and agrees that, if the Project
    receives any sales tax exemptions as part of the Financial Assistance from the
    Agency, in accordance with Section 874(8) of the General Municipal Law, the
    Applicant agrees to file, or cause to be filed, with the New York State Department
    of Taxation and Finance, the annual form prescribed by the Department of
    Taxation and Finance, describing the value of all sales tax exemptions claimed
    by the Applicant and all consultants or subcontractors retained by the Applicant. 

    D)        Annual Employment Reports, The Applicant understands and agrees that, if the
    Project receives any Financial Assistance from the Agency, the Applicant agrees
    to file, or cause to be filed, with the Agency, on an annual basis, reports
    regarding the number of people employed at the project site. 

    E)        Absence of Conflicts of Interest.  The Applicant has received from the Agency a
    list of the members, officers, and employees of the Agency. No member, officers
    or employee of the Agency has an interest, whether direct or indirect, in any
    transaction contemplated by this Application, except as hereinafter described. 

    The Applicant and the individual executing this Application on behalf of the Applicant acknowledge that the Agency will rely on the representations made herein when acting on this Application and hereby represent that the statements made herein do not contain any untrue statement of a material fact and do not omit to state a material fact necessary to make the statements contained herein not misleading.

    (Applicant)

                                                                                                  EPT Concord II, LLC

                                                                                          By:____________________________

    Name: Gregory K. Silvers

     Title: Vice President

    Date:

    THIS APPLICATION SHALL BE SUBMITTED WITH (I) TWO CHECKS: ONE COVERING A $250.00 APPLICATION FEE AND THE SECOND COVERING A $5,000.00 UP-FRONT ESCROW DEPOSIT; AND (II) APPLICANT’S FORMATION DOCUMENTS (IE: IF A CORPORATION: ITS CERTIFICATE OF INCORPORATION AND BYLAWS; IF A LIMITED LIABILITY COMPANY: ITS ARTICLES OF ORGANIZATION AND OPERATING AGREEMENT; IF A LIMITED PARTNERSHIP: ITS CERTIFICATE OF LIMITED PARTNERSHIP AND LIMITED PARTNERSHIP AGREEMENT; OR IF A PARTNERSHIP: ITS PARTNERSHIP AGREEMENT TO COUNTY OF SULLIVAN INDUSTRIAL DEVELOPMENT AGENCY, ONE CABLEVISION CENTER, FERNDALE, NEW YORK 12734 (ATTN.: EXECUTIVE DIRECTOR).


    [1] Infrastructure improvements in support of Phase 1 of the Proposed Project and improvements to public rights of way accessing the Proposed Project site.

    [2] The Proposed Project is a market-driven and phased Destination Resort development. Consequently, it is difficult to quantify the anticipated assessed value of future phases, including the full build-out of the Proposed Project at this juncture. It is our understanding that the Agency will retain a consultant to perform an analysis of the estimated value of the benefits that are to be provided by the Agency to the Applicant in accordance with its customary valuation practices. As a result, the Applicant will provide all necessary information to Agency upon request so that such values may be developed. 

    [3] Phase 1 construction is anticipated to directly generate an average of 6,325 person-years of employment in New YorkState, of which 5,674 person-years would be in the Catskill region.  See Exhibit E.

    [4] The Proposed Project is a market-driven and phased Destination Resort development. Consequently, it is difficult to quantify the anticipated assessed value of future phases, including the full build-out of the Proposed Project at this juncture. It is our understanding that the Agency will retain a consultant to perform an analysis of the estimated value of the benefits that are to be provided by the Agency to the Applicant in accordance with its customary valuation practices. As a result, the Applicant will provide all necessary information to Agency upon request so that such values may be developed.

    [5]Infrastructure improvements in support of Phase 1 of the Proposed Project and improvements to public rights of way accessing the Proposed Project site.  

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