BPL Brooklyn Heights RFP

7/28/2019 BPL Brooklyn Heights RFP

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Table of Contents

INTRODUCTION ............................................................................................................. 3 SITE DESCRIPTION ....................................................................................................... 5 BACKGROUND I NFORMATION ...........................................................................................................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. PURCHASE PRICE ...............................................................................................................15 B. PROJECT DESCRIPTION ......................................................................................................15 C. FINANCIAL I NFORMATION .................................................................................................15 D. R ESPONDENT DESCRIPTION...............................................................................................16 E. SITE PLAN AND ARCHITECTURAL DESIGN .........................................................................17 F. ZONING CALCULATION .....................................................................................................17 G. CONSTRUCTION PLAN .......................................................................................................17 H. VENDOR I NFORMATION EXCHANGE SYSTEM (“VENDEX”) .............................................17 I. DOING BUSINESS DATE FORM LOCAL LAW 34 ..................................................................17 J. MINORITY WOMEN BUSINESS E NTERPRISE (“M/WBE”) UTILIZATION PLAN....................17 K. HIRE NYC PROGRAM.........................................................................................................17 L. 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



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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 Hir ing Util izat ion Plan ............................................................ 49 APPENDIX F: HireNYC Program ................................................................................ 51 APPENDIX G: Statement of Agreement ..................................................................... 54 APPENDIX H: Conditions, Terms and Limitat ions ................................................... 55 APPENDIX I: CEQR/ULURP Descript ion and Fee Schedule .................................... 58 APPENDIX J: Administrat ive 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 BrooklynPublic 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 BrooklynPublic Library system. Any proposed development must incorporate a new, 20,000 square footlibrary 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’seducational and cultural resources, and unlock economic development prospects in anincreasingly valued location. Each party submitting a response to this RFP is referred to herein asa “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 overlooksthe picturesque Cadman Plaza Park in the heart of Brooklyn’s Civic Center. Brooklyn Heightshas long been among the most desirable residential neighborhoods in Brooklyn, and the Site isone 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 feetwhen 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 theDeclaration 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 BPLsystem provides access to information for all 2.5 million Brooklyn residents.

BPL is an independent not-for-profit corporation, organized under special legislation thatreceives the bulk of its funding from the City and State of New York. BPL’s extensive physicalfootprint 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, facessignificant fiscal challenges, including over $230 million in deferred maintenance. The BrooklynHeights 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 Brooklyncommunity.

BPL’s historical reliance on City government for capital support has failed to produce adequatefunding to maintain the system’s extensive physical footprint. The opportunity to redevelop anew 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 fundsfor the greater BPL system.

Site Context

Cadman Plaza is located near several vibrant retail corridors, including Montague Street, HenryStreet, Atlantic Avenue, the Fulton Mall, and Court Street, which have established theneighborhood’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 concessionstands, and several piers offering ferry services. Brooklyn Bridge Park’s attraction will onlyincrease as the Park expands in the future, with Pier 2 and the upland of Pier 3 and 4, currentlyunder construction.

Other local cultural attractions include the Brooklyn Historical Society, the famed St. Ann’sWarehouse 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

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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 proximityto 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 Brooklynand 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 theeastern edge of the highly desirable Brooklyn Heights neighborhood, a predominantly residentialcommunity characterized by tree-lined streets and historic architecture. Cadman Plaza West

differs from the rest of Brooklyn Heights and features high density, predominantly modernresidential and commercial buildings. Buildings immediately to the north and south of the Sitewere constructed during the 1960’s and 70’s and range from 19 to 33 stories in height. The Sitefronts 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 thecommercial 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 theRespondent 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 abovegrade 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 long-

term ground leased to Forest City Ratner Companies through 2085. Lot 1 is improved with anapproximately 600,000 square-foot, 21-story commercial building, One Pierrepont Plaza (“OnePierrepont”), 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 weremerged and a transfer of development rights was affected. Together with the zoning lot merger, aSpecial 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 zoninglot is required to be substantially in accordance with the approved plans for the zoning lotattached to the Special Permit (“Approved Plans”), which Approved Plans are included in theSite File (please refer to Site File section of the RFP). The development of a new building on theSite (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 266,000zoning 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 totals125,000 zoning square feet. The Site can achieve an FAR bonus subject to the InclusionaryHousing 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 additionalzoning square feet (2.0 FAR bonus) when applied to the 26,600 square foot lot, for a maximumsite total of 178,000 zoning square feet.

The Site is located within the Special Downtown Brooklyn District. Respondents should reviewArticle 10 of the New York City Zoning Resolutions, Chapter 1, Sections 101-00 through 101-75and Appendix A-E, which detail special height and setback regulations and urban designguidelines 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 BrooklynHeights 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 primarydevelopment goal is to build the New Library to serve the downtown Brooklyncommunity for generations to come. The New Library will be conveyed back to the Cityupon construction completion and will be maintained by BPL as a City-owned publiclibrary. The project is expected to generate sufficient sales proceeds to cover all the costsof building and equipping the New Library.

• Generation of capital funds to invest in other BPL facilities. BPL faces over $230million in unfunded maintenance needs throughout the branch library system. Thedivestiture 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 facesignificant capital challenges.

• High-quality design. BPL is and expects to remain a vital part of the Brooklyn Heightsand downtown Brooklyn community. As such, BPL is committed to ensuring that anynew development is of the highest possible architectural quality and sensitive to thehistoric nature of the Brooklyn Heights community.

• Efficient redevelopment process with minimum disruption in library service. It iscritical 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 NewLibrary totaling 20,000 square feet, located within the proposed new building. While the coreand 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 befunded from sale proceeds. At its option, BPL may engage the Selected Developer to completethe 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 serviceneighborhood branch providing traditional library services as well as the latest technology and flexible learning spaces. Specific requirements for the New Library space are included inAppendix A, New Library Requirements.

BPL is committed to maintaining continuous library service throughout the development processand will provide temporary library space (“Interim Library Space”), also to be funded from sale



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proceeds. Respondents may propose to provide Interim Library Space directly, and specificrequirements 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. BPLwill 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 toremain operational on the Site, at no additional cost to BPL or the City, until constructioncommencement. The transaction documents will also require the Selected Developer to establisha condominium regime and to convey the New Library (the “Library Unit”) to the City of NewYork 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, aswell 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 tospecifications 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 befunded 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 supportenvironmentally sustainable development, while active design uses architectural and urbandesign 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 environmentfor occupants through integrated design, best practices and emerging technologies. While greendevelopment and active design certainly convey benefits to the natural, human and builtenvironments, they can also reduce long term operating costs through increased energyefficiency. Further information on Green Building Design can be found in Appendix L of thisRFP. 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-iscondition. Each complete Proposal must contain the following elements:

A. Purchase PriceThe 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 essentialcomponent to be delivered to the City in return for the transfer of the fee interest in theSite and the cash purchase price for the Site should account for the cost of constructingthe 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 anappraised 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 FitOut of the new Library and the percentage fee they would require for the Interior Fit Outas designated by BPL.

B. Project DescriptionThe 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 mustaddress 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 InformationPlease 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 statementof 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 financingsources and all development fees and financing fees to be paid.

• Evidence of ability to finance the project, including letters of interest from lendersand equity sources.






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• For residential rental or commercial office proposals, a 10-year operating proforma, including any necessary capital improvements over time and capitalreserves.

• 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 theconstruction period debt service payments and other financing terms such asinterest 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. Inaddition, each entity must complete and submit a NYCEDC Background InvestigationForm (aka VENDEX), a copy of which is attached as Appendix C. Each Proposal mustinclude 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 developmententity, showing structure (percentages) of ownership and investment must beincluded.

• Name, address, telephone number and qualifications of each member of thedevelopment 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. Respondentsmust provide the Federal EIN numbers of the development entity and the SocialSecurity number of its principals.

• Background information on all members of the Respondent’s team, including therelevant 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 theRespondent 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, includingsite 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. Thesite plan and elevations should reflect the entire zoning lot, which includes Lot 1 (OnePierrepont site). Drawings must indicate the graphic scale. Please include a summary of the proposed building program with all square footages identified.

F. Zoning CalculationRespondent must submit a preliminary zoning analysis showing all calculations,including proposed use groups, required and proposed parking, and identifying allrequired 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. Construct ion PlanRespondent 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 theinvestigation (see Appendix C).

I. Doing Business Date Form Local Law 34Respondents 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 women-owned businesses (“M/WBE”) in its work. If a Respondent is proposing to redevelop theSite, they must submit a plan to address M/WBE participation in the Project during theinitial 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 aRespondent is proposing development of the Site, it is encouraged to make good faithefforts to achieve the hiring and workforce development goals, comply with the other programmatic requirements outlined in Appendix F, and submit a plan to NYCEDC toaddress participation through the HireNYC Program (such plan, the “HireNYC ProgramPlan”).



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L. Statement of AgreementThe 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 theAppendices fully and agrees to the terms and conditions set forth herein (see AppendixG).

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 developmentaddresses 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 incentivesand benefits assumed.

• Employment Impact: Creation of incremental (construction) and permanent on-site employment and payroll.

• Development Team Qualifications: experience, development skills, and financialresources 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 identifiablefunding sources to finance the Project; Respondent’s ability to support thefinancial assumptions, including development costs, rents/sales prices, operatingexpenses, capital costs and debt service.

• Relationship to Surrounding Community: pedestrian access, vehicular access and circulation, building massing, parking availability, landscaping, and other aspectsof 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 thedevelopment potential of the Site is maximized in a manner consistent withapplicable zoning, and Declaration, as described in the Zoning section above.

The design shall maximize the sustainable performance of the development byintegrating sustainable design practices as proposed in the Respondent’s GreenBuilding 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 theSite, 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 officesat 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 thisapproval will be sought prior to final developer designation. At the BPL Board’s discretion, theSelected Developer may be asked to present its plans to a meeting of either the full Board or acommittee of the Board. Prior to and as a condition of closing, the disposition shall be subject tothe 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 EnvironmentalProtection. An NYCEDC planner will assist the Selected Developer and its consultants incomplying with applicable environmental review procedures. Any environmental mitigationmeasures or project related improvements proposed in the CEQR process will be funded by thedeveloper 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, withsupport 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 thedisposition and acquisition of City-owned property are subject to ULURP. In addition, as the Siteshares a zoning lot with the adjacent building, One Pierrepont, development of the Site alsorequires 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 berequired to complete this process, which includes both Brooklyn Community Board 2 and the

mailto:[email protected]






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Brooklyn Borough Board review, along with review and approval by the NYCEDC Real EstateCommittee, 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 thecontract and in accordance with the provisions thereof, the Selected Developer will beresponsible 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 duediligence, 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 anEAS; conducting a Phase I site investigation and, if necessary, Phase II site investigation. Allwork products shall become property of BPL and NYCEDC upon submission. These expensesare 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, July17, 2013 at NYCEDC’s offices at 110 William Street, New York, NY 10038. Those who wishto attend the informational meeting must contact [email protected] on or before4.00pm on Friday, July 13, 2013. Interested parties are strongly encouraged to attend theinformational 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 HeightsRFP” 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 Corporation110 William Street, 6th Floor New York, NY 10038Attn: Maryann Catalano

Submission Checklist

The checklist below is provided for reference purposes only. Please refer to the ProposalRequirements 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 Requirementsmay be considered non-responsive.

• Table of Contents for Proposal package

• Cash Purchase Price

• Project Descriptiono Narrative description of the proposed development and operations

• Project Informationo CD or memory stick containing pro forma statements in Excelo Letter of Interest/Intent from lender (if applicable)

• Respondent Descriptiono Description of entity, including equity sources within the entityo Background information on members of the Respondent’s Teamo Financial Statements for purchasing entity and principalso Current operating budget and three years of audited financialso Additional documentation, if applicableo 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 notethat no more questions can be accepted beyond September 9, 2013, and the e mail address willno longer be functioning. Answers to all questions will be posted periodically, but at the latest by4.00pm on Friday, September 13, 2013 to www.nycedc.com/RFP.




http://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 therequirements detailed in Section (a), below. Respondents are not responsible for Interior Fit-Outof 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 LibrarySpace will be considered favorably. Objectives and requirements for the Interim Library Spaceare 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 onthe 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 theremainder of the building on the Site. The HVAC system for the New Library, however, may beintegrated 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 theHVAC 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 onCadman 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 notlocated 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 tohave 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 egressin 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 Cityenergy 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 sub-metered 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, butnot 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 thecommunity and functioning as a regional library hub. This library will provide a vibrant, 21stcentury learning and information gathering environment and offer all the traditional libraryservices 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-the-art technology resources. Patrons will have access to modern communication devices and also beable to bring their own personal devices to use in the library. The New Library will also featureextensive 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 tomaximize 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 isavailable for public use, we anticipate at least eighty percent of the New Library being open tothe public. The New Library space will also be designed and constructed integrating sustainableand green design strategies and will provide energy efficient heating and cooling throughout.

After the Selected Developer has been designated, BPL will work with community stakeholdersto 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 firstfloor 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 maintenancesupplies

• 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 butnot 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’sarea.

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 onSaturday)

• Fully ADA compliant

• Have adequate infrastructure to support BPL’s telecommunications and informationtechnology 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 laptopdistribution 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 publicmeetings

• 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 projectincluded 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 forthherein, 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 conditionsincluded in this Term Sheet are subject to change.

General Terms

1. Selected Developer

2. Site Block 239, Lot 16

3. Development Plan

A. ProjectResidential ZFA

Commercial ZFA

Community Facility ZFA

Number of Parking Spaces

B. Housing Units byIncome

Market Rate Units

Mixed-Rate Units

Senior Units

Units at x% of AMIUnits 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 todetermine 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 Requirementsa. 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 maygrant 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 environmentalanalysis.

d. _______ (__) days prior to the construction commencement for the Site theSelected 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 appropriateofficer 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 environmentalrequirements, 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.



APPENDIX C: NYCEDC Background Invest igat ion Form (VENDEX)

Purpose: To satisfy VENDEX requirements for a Company or an Individual entering into acontract 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 VENDEXInvestigation 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 principalofficers, 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 largecampaign 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”), amendingthe City’s Campaign Finance Law, the City is required to establish a computerized databasecontaining the names of any “person” that has “business dealings with the city” as such terms aredefined in the Local Law. In order for the City to obtain the necessary information to establishthe 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 proceduresestablished 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 theRespondent is a proposed joint venture, the entities that comprise the proposed joint venturemust each complete a Data Form. If it is determined that a Respondent has failed to submit aLL34 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 deficienciesand return a complete LL34 Form. Failure to do so will result in a determination that theProposal 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 Uti lization 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 mustsubmit 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-outsand/or unbundling bid packages;Identification of M/WBE firms seeking construction work in connection with suchredevelopment; 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’sDepartment of Small Business Services (“DSBS”) after completing the DSBSExpedited 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 low-

income 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 theSelected Developer to make best faith efforts to achieve the hiring and workforce developmentgoals described below.

Each Respondent must include within its response a HireNYC program plan explaining how itwill 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 tocreate employment opportunities for low-income persons in order to assist NYCEDC in itsassessment of each Respondent’s capacity in this area.

The program should describe all programmatic details, including, as applicable, collaborationwith 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 asdetermined by the New York City Center for Economic Opportunity (a description of the incomelevel 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 inconnection with the project (including jobs created by tenants butexcluding jobs relocated from other sites) will be filled bymembers of the target population for a period beginning, for eachemployer, at commencement of business operations and continuingfor eight (8) years thereafter.

Retention Goal: Forty percent (40%) of all employees whose hiring satisfied theHiring Goal will be retained for at least nine (9) months from thedate of hire.

Advancement Goal: Thirty percent (30%) of all employees whose hiring satisfied theHiring 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 tomembers of the target population.



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The Program must include the following elements:

1. Designation of a workforce development liaison to interact with NYCEDC and theDesignated City Agency during the course of the Program.

2. Commitment by the Selected Developer (or its successors and assigns, as applicable) todo the following (and provide in each tenant lease, if any, that the tenant will do thefollowing):

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 businessoperations;

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 theHiring Goal is achieved or until all open positions are filled, whichever occursfirst;

e. during ongoing hiring for any new permanent jobs, consider only applicantsreferred by the Designated City Agency for the first five (5) business days, untilthe Hiring Goal is achieved or until all open positions are filled, whichever occursfirst (unless the Designated City Agency reaches a different agreement with thetenant regarding ongoing hiring practices);

f. submit to NYCEDC and the Designated City Agency, for eight (8) yearsfollowing the date of the commencement of business operations, an annualemployment 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 thecommencement of business operations; and

h. allow information collected by the Designated City Agency and NYCEDC to beincluded in public communications, including press releases and other mediaevents.

3. Commitment by the Selected Developer (or its successors and assigns, as applicable) tofacilitate targeted hiring by (a) arranging meetings and other events at which HireNYCand the Designated City Agency staff can introduce potential or actual tenants to themenu 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 fromtenants regarding results of hiring initiatives.

Dalsie Andrade

Senior Project Manager, Workforce DevelopmentPhone: 212-312-3876

Email: [email protected]

Program website:

http://www.nycedc.com/BusinessInNYC/WorkforceDevelopment/Pages/HireNYC.aspx










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: Condi tions, 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 resultingfrom 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 allapplicable 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 accuracyof 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 anyother matter. All due diligence is the responsibility of the Respondent and Respondentsare urged to satisfy themselves with respect to the physical condition of the Site, theinformation 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 sorequesting, the File. Neither NYCEDC, NYCLDC, BPL nor the City will be responsiblefor 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 ordinancesof all Federal, State and City authorities having jurisdiction, and any applicable UrbanRenewal Plan, design guidelines or similar development limitations, as all of theforegoing may be amended from time to time. Without limiting the foregoing, closing ona proposed development that requires a variance from the New York City ZoningResolutions, shall be subject to the New York State Urban Development Act and Public

Authorities Accountability Act requirements, either City or State environmental qualityreview (“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 applicableCommunity 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 SEQRAcompliance shall be solely at the expense of the Developer. NYCEDC and/or BPL willcooperate 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, partnersor members is determined, in NYCEDC, NYCLDC’s sole discretion, to be within acategory of persons or entities with whom or which the City or NYCEDC, NYCLDC willnot 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’sDepartment of Investigation. Any designation may be revoked in NYCEDC’s solediscretion in the event any derogatory information is revealed by such investigation.



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E. Neither NYCEDC, NYCLDC, BPL, nor the City is obligated to pay and shall not pay anycosts incurred by any Respondent at any time unless NYCEDC, NYCLDC or the Cityhas expressly agreed to do so in writing.

NYCEDC invites the participation of real estate brokers acting on behalf of and with theauthorization of identified principals, provided that the broker arranges for the paymentof 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 theDeveloper agrees to pay any commission or other compensation due to any broker inconnection 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 claimof commission or compensation brought by any broker by reason of the Project or thedevelopment of the premises.

G. Only Proposals from principals will be considered responsive. Individuals inrepresentative, agency or consultant status may submit Proposals only under the directionof identified principals, where the principals are solely responsible for paying for suchservices.

H. This is a Request for Proposals not a Request for Bids. NYCEDC and NYCLDC shall bethe 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 towaive any conditions or modify any provision of this letter with respect to one or moreapplicants, 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 anyRespondents, to establish additional terms and conditions, to encourage applicants towork together, or to reject any or all responses, if in its judgment it is in the best interestof NYCEDC, NYCLDC, BPL and the City to do so. If all Proposals are rejected, thisRFP 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 acceptabilityof the Proposals. NYCEDC will enforce the submission deadline stated in the RFP. Thetiming 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, designguidelines, or similar development limitations and controls. Where any conflict arises insuch 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 onaccount 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, withthe 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, costsfor outside legal counsel, if any, studies, and outside consultants.

L. All Proposals and other materials submitted to NYCEDC and/or BPL in response to thisRFP 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 aProposal may provide in writing, at the time of submission a detailed description of thespecific 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 NYCEDCand NYCLDC when evaluating the applicability of any exemptions in response to aFOIL request.

M. In furtherance of NYCEDC and NYCLDC’s mission of economic development, thedisposition of the Site will be subject to NYCEDC and NYCLDC’s standard provisionsfor similar transactions. The deed conveying the Site to the Developer shall containredevelopment obligations as well as restrictions on use and transfer of the Site. Failureto 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 theProject. The Developer must also agree in good faith to consider any Proposals made bythe 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 programfor City residents. Developer will be required to cause commercial tenants to agree tothese 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 otherwiseobtained 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 Respondentsor 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 concerningthe RFP and the Confidential Information, without further comment, to NYCEDC.



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APPENDIX I: CEQR/ULURP Descr ipt ion 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 ExecutiveOrder 91 and Chapter 5 of these rules shall include a non-refundable fee which shall besubmitted to the lead agency for the action or to an agency that could be the lead agency pursuantto § 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 thefollowing 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 aninitial 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 theoriginal action, the fee for an application for the modification shall be based upon the squarefootage 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 aneighborhood, community or similar association consisting of local residents or homeownersorganized 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 applicationis 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 CityPlanning 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. $1,35020,000 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. $71,415

300,000 to 499,999 sq. ft. $128,545

500,000 to 1,000,000 sq. ft $192,820

Over 1,000,000 sq. ft. $314,225

(b) Projects not measurable in square feet

(Ex. bus franchises) $1,880

Type II Actions $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 berequired for CEQR applications filed on or after July 1, 2009, for which a restrictive declarationto 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 simultaneouslysubmits 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 becharged 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 anyfees be charged if a neighborhood, community or similar association consisting of local residentsor homeowners organized on a non-profit basis applies for a zoning map amendment for an areaof 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

http://www.nyc.gov/html/dcp/html/luproc/ulurpfee.shtml

http://www.nyc.gov/html/dcp/html/luproc/ulurpfee.shtml



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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 Section3.07, 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 beas prescribed in the following Schedule of Charges, provided that if an applicantsimultaneously submits applications for several actions relating to the same project, themaximum fee imposed shall be two hundred percent of the single highest fee, provided thatsuch 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 projectis 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 localresidents or homeowners organized on a non-profit basis applies for a zoning mapamendment for an area of at least two blocks in size, in which one or more of its membersor constituents reside.

§ 3-07 Schedule of Charges

(a) Applications for Special Permits and Zoning Map amendments pursuant toSection 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 areato be rezoned:


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 $1,740

Establishment of a Landfill $3,400

Any other change in The City Street Map $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 section20-225: $55 per seat/minimum of $1360

(d) Applications for amendments to the text of the Zoning Resolution pursuantto 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 ArticleX, Chapter 7 (Special South Richmond Development District) of the ZoningResolution, the fee shall be $160.(2) Pursuant to Article VI, Chapter 2 (Special Regulations Applying in TheWaterfront 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 (SpecialHillsides 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 facilityuse…. $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 existingor proposed dwelling units and no commercial or community facilityuse ….$755

For all other applications with no commercial or community facilityuse, the fee shall be based upon the number of dwelling units being

proposed, in the amount of $830 per dwelling unit, however, in casesof 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:


10,000 to 19,999 square feet $1,590

20,000 to 39,999 square feet $2,040

40,000 to 69,999 square feet $2,645

70,000 to 99,999 square feet $3,100

100,000 square feet and over $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:


10,000 to 19,999 square feet $1,590

20,000 to 39,999 square feet $2,04040,000 to 69,999 square feet $2,645

70,000 to 99,999 square feet $3,100

100,000 square feet and over $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 previouslyapproved application, where the new application is subject to § 197-c of the NewYork City Charter, shall be the same as the current fee for an initial application, asset forth in this Schedule of Charges.

(2) The fee for an application which requests a modification of a previouslyapproved application, where the new application is not subject to § 197-c of the NewYork City Charter, shall be one-half of the current fee for an initial application, asset forth in this Schedule of Charges.

(3) The fee for a follow up action under the Zoning Resolution, or a restrictivedeclaration or other legal instrument shall be one-quarter of the amount prescribed inthis Schedule of Charges for an initial application.

(4) The fee for the renewal of a previously approved enclosed sidewalk cafe shall beone-half of the amount prescribed in this Schedule of Charges for an initialapplication.

(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 beone-half of the amount prescribed in this Schedule of Charges for an initialapplication.

(g) Supplemental Fee for Large Projects

In addition to all applicable fees as set forth above, a supplemental fee shall berequired for the following applications:

Applications that may result in thedevelopment of 500,000 to 999,999square feet of floor area $80,000

Applications that may result in thedevelopment of 1,000,000 to 2,499,000

square feet of floor area $120,000Applications that may result in thedevelopment of at least 2,500,000square 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 theZoning Resolution, for the restoration of trees that have been removed or topography thathas 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 beenapproved by the City Planning Commission prior to January 6, 1983 and for which anapplication 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 zoningdistrict(s) in which a property is located shall be $110 per request. Each zoning verificationrequest 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 propertycomprised of multiple contiguous tax lots shall be treated as a single request.



APPENDIX J: Administrative Fee Schedule

Purchase Price: Fee:Less than $100,000 $5,000$100,001-$500,000 $20,000

$500,001-$1,000,000 $40,000$1,000,001-$5,000,000 $50,000More than $5,000,000 1% of purchase price



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APPENDIX K: Economic Development Benefi ts

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 assite 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 governmentagencies. Accordingly, neither the RFP respondents nor any third party should view the contentsof 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 outsidethe 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 businessincome tax liability of up to $3,000 per eligible employee per year for up to 12 years. Businessesmust relocate either to a building improved by at least 50% of its assessed value or sign a leaseof 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 Projectsqualify under the provisions of the legislation. All applicants must file preliminary applicationswith the Department of Finance prior to the issuance of a building permit or, if no permit isrequired, 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 theyear 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. TheIDA issues double and triple tax-exempt industrial development revenue bonds to assist eligiblecommercial, industrial, and nonprofit corporations to finance capital expansion Projects within

http://www.nycedc.com/



http://www.nyc.gov/html/dof/html/property/property_tax_reduc_reap.shtml


http://www.nyc.gov/html/dof/html/property/property_tax_reduc_incentive.shtml







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the City’s five boroughs. These organizations may also qualify for abatements on their sales, realestate 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 CorporationStrategic Investments Group110 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 businessesmust 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 Services110 William Street New York, NY 10038(212) 513-6415www.nyc.gov/html/sbs

In addition to ECSP, other energy discount programs may be available. For more information,contact: New York City Economic Development CorporationEnergy Department110 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 againstFederal income taxes for making qualified equity investments in designated Community

Development Entities (CDEs). Substantially all of the qualified equity investment must in turn beused by the CDE to provide investments in low-income communities. The credit provided to theinvestor totals 39% of the cost of the investment and is claimed over a seven-year creditallowance period.

The NMTC Program is administered by the federal Community Development FinancialInstitutions (CDFI) Fund. For more information regarding the program’s eligibility requirementsand restrictions, as well as a complete listing of CDEs with an allocation of the tax credits that

http://www.nycedc.com/nycida


http://www.nyc.gov/html/sbs






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may be used in the financing of Projects and businesses located in low-income areas of NewYork City please visit: http://www.cdfifund.gov

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:1-800-972-1233General Tax Information Hotline:

1-800-225-5829

New York State Energy Research and Development Authority

Craig Kneeland, Project Manager (518) 862-1090 ext. 3311e-mail: [email protected]

New York State Department of Environmental Conservation

James Austin, Assistant Commissioner

Phone: (518) 485-8437e-mail: [email protected] web site: http://www.dec.state.ny.us

Green Building Program Information:

New York State Energy and Research Development AuthorityFor more information about NYSERDA’s building Programs, contact:

NYSERDATechnical Communications UnitCorporate Plaza West286 Washington Avenue ExtensionAlbany, NY 12203-6399Phone: (518) 862-1090 ext 3250web-site: http://www.nyserda.org

United States Department of EnergyFor more information about USDOE building programs, contact:







http://www.dec.state.ny.us/



http://www.nyserda.org/









Dru Crawley1000 Independence Avenue, SWWashington, DC 20585Phone: (202) 586-2344

Fax: (202) 586-1628e-mail: [email protected] web-site: http://www.doe.gov

Green Bui lding Resources:

American Council for an Energy-Efficient Economyhttp://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 Newshttp://www.buildinggreen.com

Environmental Defense Fund http://www.edf.org

Natural Resources Defense Councilhttp://www.nrdc.org

New York State Energy and Research Development Authorityhttp://www.nyserda.org

Rocky Mountain Institutehttp://www.rmi.org

Southface Energy Institutehttp://www.southface.org

US Department of Energyhttp://www.doe.gov




http://www.doe.gov/

http://www.doe.gov/

http://www.doe.gov/

http://www.aceee.org/


http://www.eren.doe.gov/


http://www.energystar.gov/


http://www.buildinggreen.com/


http://www.edf.org/

http://www.edf.org/

http://www.nrdc.org/




http://www.rmi.org/

http://www.rmi.org/

http://www.southface.org/


http://www.doe.gov/

http://www.doe.gov/

http://www.doe.gov/


http://www.rmi.org/



http://www.edf.org/





http://www.doe.gov/


BPL Brooklyn Heights RFP

Documents

Transcript of BPL Brooklyn Heights RFP