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16-0719 (2)CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO July 19, 2016 AT 2:00 P.M. Present — Darius G. Pridgen, President of the Council and Councilmembers: Feroleto, Fontana, Franczyk, Golombek, Jr, Rivera, Scanlon, Wingo, Sr, Wyatt - 9 Absent - None On a motion by Mr. Rivera, Seconded by Mr. Scanlon, the minutes of the stated meeting held on June 21, 2016 were approved. [MAJ- 5] [ 2/3 - 6 ] [3/4- 7] July 19, 2016 * AYE* NO * * FEROLETO * * * * FONTANA * * * * FRANCZYK * * * GOLOMBEK * * * PRIDGEN * * * RIVERA * * SCANLON * * * * WINGO * * * * WYATT * * * * No. Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Roy Martin By Councilmember All Councilmembers Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In MeMorfam William Sylvester Fling By Councilmember Wyatt linIleytiosix!,.. All Men & Women Who GaVe their Life for the Safety and freedom of Others And all those who recently lost their lives By Councilmember Pridgen In Memoriam for By Councilmember In Memoriam for By Councilmember ADOPTED July 19, 2016 Kyle Shoemaker. Robert Wright Golombek Benjamin Patrick Llyne Scanlon Whereas, Whereas, Whereas, Whereas, Whereas, Now, Therefore MbE e[tp of NeaYO ro ttamation Common Council Roy Mathis was a part of the Great Migration after World War II; and Roy Mathis married Joyce Mathis, and they are celebrating 3o wonderful years of marriage; and He is an enduring resident of The City of Buffalo. He has worked at the US Postal Service as his career; and Mathis founded and built up a male chorus called The Royal Serenaders, as well as directing church choirs throughout the City of Buffalo; and On July 29, 2016 Roy Mathis, one of Buffalo's cherished elders, will celebrate his Both birthday with family and friends; It is an honor and privilege for the City of Buffalo to extend our sincere felicitations to Roy Mathis on the joyous occasion of the celebration of his birthday and anniversary. We members of The City of Buffalo Common Council proclaim July 29, 2016 to be "ROY MATHIS DAY" in The City of Buffalo. IN WITNESS WHEREOF, we hereunto set our hands and cause the Seal of The City of Buffalo to be affixed. The Common Council adopted this proclamation and entered it into the official public record of The City of Buffalo Common Council on this day, July 29, 2016. andtAA^. \ !L Darius G. Pridge Council President ELLICOTT COUNCIL MEMBER David A. Rivera Majority Leader NIAGARA - OUNCI .MEMBER oel 'x: Feroleto DELAIMMR COUNCIL MEMBER Richard A. Fontana LOVEJOY COUNCIL MEMBER 64 Joseph Golombek, . NORTH COUNCIL MEMBER rist • er P. Scanlon Council President Pro Tempore SOUTH COUNCIL MEMBER (::71 David A. Franczyk FILLMORE COUNCIL MEMBER yse:s 0. W :o, Sr. MASTEN COUNCIL MEMBER 14 al;-7,C.L :ma -5:. Rasheed N.C. W'a UNIVERSITY COUNCIL MEMBER 30:1 v4,2016 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. PASSED July 19, 2016 .10 No. 1692 ; - 7 Request to Exempt the Zoological Society of Bflo Inc, from the Living Wage Ordinance for Seasonal and Part Time Employees Gerald A Chwalinski City Clerk APPROVED JUL 2 8 2016 Single Page Communication to the Common Council 0 1. 9 2 TO: THE COMMON COUNCIL DATE: July 12, 2016 FROM: EXECUTIVE DEPARTMENT DIVISON: MAYOR SUBJECT: Request to Exempt the Zoological Society of Buffalo, Inc. from the Living Wage Ordinance for Seasonal and Part-time Employees As Mayor of the City of Buffalo, I hereby request that the Common Council grant a partial exemption from the requirements of the Living Wage Ordinance to the Zoological Society of Buffalo, Inc. ("Zoological Society") concerning seasonal and part-time employees of the Buffalo Zoo. Under § 96-19(H)(1)(c) of the City of Buffalo Charter, exemptions from the Living Wage Ordinance may be granted at the Mayor's request for (c) not-for-profit organizations which perform services for the City or its departments. Under § 96-19(H)(2)(a) of the City of Buffalo Charter, requests for exemptions are to include the nature of the contract to which this section applies, as well as the name of the contract, the statutory authority for the granting of the contract and a copy of that authority. Here, the Zoological Society meets the requirements of § 96-19(H)(1)(c) as a a 501(c)(3) not-for-profit organization providing operating services of the Buffalo Zoo on behalf of the City of Buffalo and has done so since 1973. The nature of the contract between the Zoological Society and the City of Buffalo is for operation, maintenance and management of the Buffalo Zoo, located on City -owned property. The name of the contract between the Zoological Society and the City of Buffalo is Renewal/Extension of Management Agreement between Zoological Society of Buffalo, Inc. and City of Buffalo ("Agreement"). This contract was executed by the Mayor pursuant to authority granted by the Common Council of the City of Buffalo by motion of Mr. Golombek, which passed as amended on December 9, 2008. A copy of the approval of authority is attached hereto and this information fulfills requirements for this request under § 96-19(H)(2)(a). Accordingly, pursuant to § 96-19(H)(1)(c) of the City of Buffalo Charter, I hereby request the grant of a partial Living Wage Ordinance exemption to the Zoological Society concerning all Buffalo Zoo seasonal and part-time employees. DEPARTMENT HEAD: HON. BYRON W. BROWN TITLE: MAYOR Signature of Department Head 43 FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 66 RENEWAL/EXTENSION OF MANAGEMENT AGREEMENT BETWEEN ZOOLOGICAL SOCIETY OF BUFFALO, INC. AND CITY OF BUFFALO (ITEM NO. 2, C.C.P., NOV. 25, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Mayor be, and he hereby is authorized to execute an Agreement, as attached to the communication, with clarifications and modifications as are recommended by the Corporation Counsel's office in conjunction with finalizing the final form of the Agreement with the Zoological Society and their Counsel. That the Mayor be, and he hereby is authorized to enter into such other agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the Agreement in its final form. This approval is conditioned upon the Agreement being amended to read that the City, "subject to the approval of its Common Council," shall have the right to reject any renewal to unilaterally reject any leases as provide for in Sections 1 and 5 of the Agreement. PASSED AS AMENDED AYES - 9 NOES - 0 C.0. P. 4q/og P0AA-e-ot, Page 1 of 1 NO 2 Renewal/Extension of Management Agreement between Zoological Society of Buffalo, Inc. (the "Zoological Society") and City of Buffalo The Zoological Society has operated, maintained and managed the Zoo under written agreements with the City of Buffalo since at least 1973. The Zoo is located on City -owned property. Attached for your consideration is a draft of an Agreement which extends/renews this important and mutually beneficial management and operation arrangement. The renewal Agreement extends the management arrangements with the Zoological Society for another 10 years and continues to provide the yearly $136,000 operational subsidy from the City to the Zoological Society that has been in place for several years. The Agreement also keeps in place certain in-kind services and amenities which the City has been providing to the Zoological Society free of charge over the decades. These in-kind services and amenities are worth conservatively nearly $800,000 and include: 1. Water supply (value estimated at over $100,000 per year) 2. Sewer service (value estimated at over $38,000 per year) 3. Street paving and maintenance and snow removal from roadways adjoining the Zoo (value estimated at $125,000) 4. Forestry and park staff assistance from City's Department of Public Works, Parks & Streets (value estimated at $27,000) 5. Inclusion of Zoo's gas and electric utility usage in City's utility "pool" for optimal utility cost and pricing opportunities through City's bulk purchase (Zoological Society will continue to pay City's charged -back invoices for the Zoo's actual gas and electric usage charges) (value estimated at 10-15% savings of total charges of over $600,000, worth approximately $60,000) 6. General repair and other maintenance services in the discretion of the Commissioner of Public Works, Parks & Streets ($47,000) 7. Forgiveness of a $41,000 annual entertainment fee (stipulated in the current contract) worth $205,000 since the zoo's last payment in 2003 8. Most recently, $147,000 for roof repairs I am requesting that your Honorable Body authorize my office to execute an Agreement in substantially the same form and substance as attached to this communication, with only such clarifications and modifications as are recommended by the Corporation Counsel's office in conjunction with finalizing the final form of the Agreement with the Zoological Society and their Counsel. I am further requesting that your Honorable Body authorize my office and/or other City personnel to enter into such other agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the Agreement in its final form. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE. C.0 . P. illasJos 1:6 )a %a) or httn•/hxnanxw rity_hnffaln rnm/ l h.C'aarrhVZ/inrlpv acrw9onritPXt=rPfr1PVP.ermQ'rc, rgiflnIA 11/l /')fAQ • Cr'r00002" COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: November 24, 2008 FROM: DEPARTMENT: EXECUTIVE DIVISION: MAYOR SUBJECT: Renewal/Extension of Management Agreement between Zoological Society of Buffalo, Inc. (the "Zoological Society") and City of Buffalo PRIOR COUNCIL REERENCE: The Zoological Society has operated, maintained and managed the Zoo under written agreements with the City of Buffalo since at least 1973. The Zoo is located on City -owned property. Attached for your consideration is a draft of an Agreement which extends/renews this important and mutually beneficial management and operation arrangement. The renewal Agreement extends the management arrangements with the Zoological Society for another 10 years and continues to provide the yearly $136,000 operational subsidy from the City to the Zoological Society that has been in place for several years. The Agreement also keeps in place certain in-kind services and amenities which the City has been providing to the Zoological Society free of charge over the decades. These in-kind services and amenities are worth conservatively nearly $800,000 and include: 1. Water supply (value estimated at over $100,000 per year) 2. Sewer service (value estimated at over $38,000 per year) 3. Street paving and maintenance and snow removal from roadways adjoining the Zoo (value estimated at $125,000) 4. Forestry and park staff assistance from City's Department of Public Works, Parks & Streets (value estimated at $27,000) 5. Inclusion of Zoo's gas and electric utility usage in City's utility "pool" for optimal utility cost and pricing opportunities through City's bulk purchase (Zoological Society will continue to pay City's charged -back invoices for the Zoo's actual gas and electric usage charges) (value estimated at 10-15% savings of total charges of over $600,000, worth approximately $60,000) 6. General repair and other maintenance services in the discretion of the Commissioner of Public Works, Parks & Streets ($47,000) 7. Forgiveness of a $41,000 annual entertainment fee (stipulated in the current contract) worth $205,000 since the zoo's last payment in 2003 8. Most recently, $147,000 for roof repairs I am requesting that your Honorable Body authorize my office to execute an Agreement in substantially the same form and substance as attached to this communication, with only such clarifications and modifications as are recommended by the Corporation Counsel's office in conjunction with fmalizing the final form of the Agreement with the Zoological Society and their Counsel. I am further requesting that your Honorable Body authorize my office and/or other City personnel to enter into such other agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the Agreement in its final form. Department Head Name: Hon. Byron W. Brown Title: Mayor SIGNATURE OF DEPARTMENT HEAD: REFERRED TO THE COMMITTEE ON FINANCE \\ J AGREEMENT AGREEMENT made as of the 5th day of April, 2008, by and between the CITY OF BUFFALO, a municipal corporation, having its principal office and place of business at 65 Niagara Square, Buffalo, New York 14202-3331 (the "City"), and the ZOOLOGICAL SOCIETY OF BUFFALO, INC., a New York not-for-profit corporation having its principal office and place of business at the Buffalo Zoological Gardens, 300 Parkside Avenue, Buffalo, New York 14214-1963 (the "Society"). The City and the Society are sometimes collectively referred to herein as the "Parties" and individually as a "Party". WITNESSETH: WHEREAS, the City is the owner of certain land and buildings, structures, facilities and appurtenances thereon in Delaware Park, Buffalo, New York, together with the land, access roads, easements, etc., all as more particularly described on Exhibit "A" (the `Buffalo Zoological Gardens"); WHEREAS, the Parties, on or about the 4th day of April, 1973, entered into an agreement wherein the Society was to operate and maintain the Buffalo Zoological Gardens upon certain terms and conditions which agreement was extended and modified by agreements dated August 11, 1977, July 7, 1987, November 20, 1980 and May 5, 1998 (collectively, the "Original Agreement"); and WHEREAS, the Original Agreement expired on April 4, 2008. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual obligations contained herein, the Parties agree: 1. The City hereby grants to the Society the exclusive use and occupancy of the Buffalo Zoological Gardens to be used and occupied for the purpose of maintaining and operating a public zoo (the "Zoo") with the uses related or connected therewith, inclusive of all 2 concessions, for a term commencing on April 5, 2008 and terminating March 31, 2018 with the option of the Society to extend this Agreement for three successive renewal periods of ten years each to be exercised by a written notice mailed to the City not less than six months before the expiration date of the initial term or any renewal period thereof. City shall have the right to reject any such renewal by giving the Society formal written notice of such rejection on or before 60. days prior to the end of the term of this Agreement then in effect. 2. The City recognizes and agrees that (i) the Society is the owner of all animals and plants now or in the future contained in or about the Buffalo Zoological Gardens, (ii) that the Society shall have the right to obtain additional animals, (iii) that the Society shall have the unfettered right to exchange its animals with other zoological gardens or other individuals or institutions, and (iv) that the Society may sell or loan, some, but not substantially all, its animals without accountability to the City. Upon termination of the use of the Buffalo Zoological Gardens as a zoo, the Society shall, if requested by the City, be responsible for moving the animals at Society's sole expense to non -City related but appropriate habitats. 3. All improvements acquired, completed or constructed by the Society on the real property constituting the Buffalo Zoological Gardens with private or public funds during the initial term or any renewal term of this Agreement, and during the term of the Original Agreement, are and shall be under the exclusive operation and control of the Society, but at the expiration or termination thereof, title to all such improvements shall revert to and become the property of the City. 4. The Society shall have the right to charge the general public an admission fee or charge (a) to the Zoo or any part thereof, (b) for providing transportation in and about the Zoo (c) to any special exhibits and (d) for parking of vehicles .about or around the Zoo. The 3 Society may permit and allow children under the age of two to be admitted to the Zoo without fee or admission charge, under such reasonable terms and conditions as fixed by the Society. The Society may establish reasonable rules and regulations for such admissions such as requiring notice in advance, scheduling the dates therefore and establishing standards of conduct and limiting the area of use due to safety considerations. Any changes in zoo related fees or charges shall be explained to the City in writing (copy to Mayor, Corporation Counsel, Council President, City Comptroller) by the Society in advance of the Society instituting such change. 5. The Society shall have the exclusive right to operate concessions within and about any and all parts of the Buffalo Zoological Gardens for the sale ofrefreshments, curios, souvenirs or any other merchandise or services ordinarily available to and sold to visitors to zoological gardens and similar exhibits. The Society may lease, sub -lease or contract out any of its concession rights as provided herein without the consent and approval of the City. The revenue derived from the operation of any such concessions are to be used by the Society solely to carry out and duly perform all of its duties, responsibilities and all of its obligations arising out of this Agreement. Any such concessionaire leases and or subleases thereof shall be described in writing by the Society in a notice to the City and shall in all events be subject to unilateral termination by the City at no cost to the. City in the event this Agreement is terminated or otherwise expires. 6. The Society shall use all donations to it of money, including any and all grants from the City and the County of Erie, as well as all animals, materials, exhibits or other things of value it receives, its net profits and any surplus it may have, for the purposes which may be provided in any of the terms of any gifts, its Articles of the Corporation and by-laws, and for the purposes specified in this Agreement. \(5 7. The Society shall not initiate any substantial repairs or improvements to the Buffalo Zoological Gardens unless all of the details thereof are provided to the Commissioner of Public Works of the City and approved by him/her in writing, which approval shall not unreasonably be withheld, delayed or qualified. 8. The Society shall submit to the City in compliance with the City's budgetary requirements its annual proposed budget including all estimated revenues and expenses and projection of its capital improvement program for the ensuing year. In addition, such proposal shall have appended thereto a copy of the most recent audited financial statement of the Society prepared by certified public accountants. The Society shall provide the City with such additional information as the City may reasonably request from time to time. 9. The Society shall have the right to hire its own employees and executive staff to operate the Zoo. The Society shall obtain and shallpay for such workmen's compensation policy or policies as may be required by law. 10. The City of Buffalo will without charge furnish the Buffalo Zoological Gardens with: a. Water supply. b. Sewer connections and service if so approved by the Buffalo Sewer Authority. c. Refuse collections. d. Street and paving maintenance and snow removal from roadways adjoining the Buffalo Zoological Gardens. e. The service of its forestry, horticultural and gardening staff as may be approved by the City's Commissioner of Public Works, Parks & Streets. 11. During the term of this Agreement, the City shall subsidize the Society for its costs in maintaining and operating the Zoo to the extent of $136,000 per year, with the 5 proviso that if the revenues and expenses of the Society are such that the Society has a net surplus, the City shall be entitled to reduce the $136,000 annual subsidy for that year (or for the next year) by an amount equal to the Society's net surplus. Notwithstanding the foregoing, the Society shall be solely responsible for paying the cost of all electric and gas utility charges for the Zoo. 12. The Society covenants that it will actively solicit annually funds from other public bodies, individuals, corporations and foundations in the Western New York community to improve the Zoo and its facilities and increase the number and quality of the animals and plants to be exhibited. 13. The Society will maintain and keep current public liability insurance policies to protect itself and the City against loss by reason of bodily injury, death or property damage caused directly or indirectly by the activities in or at the Zoo or any person acting on behalf of the Society. The City shall be named as an additional insured on all such policies and such policies or certificates evidencing such policies shall be subject to approval as to form and sufficiency by the Corporation Counsel and the Comptroller of the City and be in the following minimum amounts: a. Public Liability For one person $ 1,000,000.00 General Aggregate $1,000,000.00 b. Umbrella/Excess $4,000,000.00 c Property damage $1,000,000.00 If the Society fails to maintain such insurance, the City may do so and charge the Society for the amount of the premiums paid. `D 14. In the event the Buffalo Zoological Gardens should be destroyed by fire or so damaged as to render them untenantable through no fault of the Society, then either Party may, upon thirty (30) days' written notice to the other, elect to terminate this Agreement. In such event, the Society shall give written notice served personally to the Mayor, Corporation Counsel, Comptroller or Deputy Comptroller of the City and the City's Commissioner of Public Works, Parks & Streets and thereupon this Agreement shall terminate. 15. The Society is to manage and operate the Zoo in an efficient and proper manner that will bring credit to the City of Buffalo; will treat, keep and care for the animals and plants in its custody, possession or ownership in accordance with the highest standards applicable to modern zoos. The Society is not to create or suffer to be created any nuisance about the Buffalo Zoological Gardens and is to keep them in a clean and healthful condition and in a reasonable state of repair and shall comply with all, rules and regulations of the State of New.. York and the Ordinances of the City of Buffalo. 16. In the event the Zoological Gardens are needed by the United States Government, the State of New York, or the City for any publie use or purpose, the City may cancel this Agreement upon serving a ninety (180) day notice in writing on the Society. 17. Additionally, in the event of any breach of any of the terms of this Agreement, the City shall so notify the Society by a thirty (30) day written notice that unless such breach is corrected or remedied within that time, the City may exercise its option to terminate this Agreement. That after the date of any such termination, the Society is to surrender, vacate and deliver the Zoological Gardens to the City and if the Society refuses to do so, the City shall have the right to recover possession by proceedings in the City Court of Buffalo on the ground that it is a holdover tenant in possession thereof If such termination becomes \, effective, the Parties hereto shall be relieved and released of any and all liability hereunder except for charges accrued at the date of termination excluding any part of the funds to be granted by the City. 18. The Mayor, the President of the Common Council and the Corporation Counsel of the City of Buffalo shall be ex officio members of the Board of Directors of the Society with full voting power. 19, The Comptroller of the City of Buffalo shall have the right and privilege of examining and auditing the books and records of the Society to determine compliance with the financial provisions hereof and the reasonableness and appropriateness of its acts periodically, but not more than once a year. 20. The City covenants that any and all rights and privileges vested in the City to enforce compliance with the terms of this Agreement or its termination against the Society except as otherwise stated shall be exercised by an appropriate resolution passed by its legislative body. 21, ' That any and all notices required to be served by any Party shall be in writing addressed by certified mail as follows: The City of Buffalo c/o City Clerk 65 Niagara Square Buffalo, New York 14202-3331 (with a copy to the Mayor, Corporation Counsel and Commissioner of Public Works, Parks and Streets) Zoological Society of Buffalo, Inc. 300 Parkside Avenue Buffalo, New York, 14214-1963 unless a different address is from time to time designated by either of Party. 8 22. This Agreement is not to become in full force and effect unless and until approved by a resolution of the Common Council and the Society and a certified copy of such resolution is attached hereto. The approval of the Buffalo Fiscal Stability Authority is also required. IN WITNESS WHEREOF, the City has caused this instrument to be signed by its Mayor and its corporate seal to be hereunto affixed and the Society has executed this Agreement and hereunto affixed its seal, all as of the day and year first above written. By By Ugt/Doc # 01-I699916.4 STATE OF NEW YORK COUNTY OF ERIE CITY OF BUFFALO Mayor ZOOLOGICAL SOCIETY OF BUFFALO, INC. Chairman ) SS: ) On the _ day of in the year 2008, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) SS: COUNTY OF ERIE 9 - On the — day of in the year 2008, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Exhibit A Beginning at the point of intersection of the westerly line of Parkside Avenue with the northerly line of Jewett Parkway, extended, and running thence northerly and along the westerly line of Parkside Avenue to its intersection with the extension westerly of the southerly line of Amherst Street as located between Parkway Avenue and Main Street. Running thence westerly and along said westerly extension of Amherst Street to a point five (5) feet east of the easterly edge of the park road which is the continuation southerly of Colvin Avenue; Running thence south and southeast and along a line parallel to and five (5) feet east of the easterly edge of the park road, which is the continuation of Colvin Avenue, and then continuing along a line which is parallel to and five (5) feet northeast and east of the northeast and east edge of the park road known as North Meadow Drive to the intersection of this parallel line with the extension westerly of the north line of Jewett Parkway. Running thence easterly and along the north line of Jewett Parkway, extended, to the point of beginning. Doc # 01-1699916.4 Request to Exempt the Zoological Society of Buffalo, Inc. from the Living Wage Ordinance for Season and Part -Time Employees (Mayor) Mr. Rivera moved: That the above item be, and the above communication from the Office of the Mayor, dated July 12, 2016, be received and filed; That, pursuant to §97-19(h)(1)(c) of the City of Buffalo Charter, the Common Council hereby authorizes the Mayor to grant a partial exemption from the requirements of the Living Wage Ordinance to the Zoological Society of Buffalo for season and part-time employees, upon the condition that part-time workers be defined as those employees who do not work more than eight percent (80%) of the work week, and that season workers be defined as those employees who work four (4) consecutive months or less per calendar year. PASSED AYES — 9 NOES -0- (A.)/(0 r•6\ C:\Users\clehner\AppData\Local\Microsoft\Windows \Temporary Internet Files\Content.Outlook\BMLCIH5\Request to Exempt the Zoo from living wage.docx *AYE* NO * FEROLETO * * * FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO • WYATT [ ] * * * [MAJ-5] * * 0 [2/3 -6] * * * [3/4 - 7] #4 (Rev 7-07) Certificate of Appointment r In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of JULY 11, 2016 EXECUTIVE INTERGOVERNMENTAL RELATIONS DIGITAL COMMUNICATIONS OFFICER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 48,052. LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION DATE LAST 4 DIGITS OF SSN. XXX -XX - NAME CHAD W. HOUSTON ADDRESS 16 WOODLEY ROAD CITY & ZIP BUFFALO, NY 14215 NAM E DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE 10318001 411001 PROJ. ID REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: TITLE CODE NO 1823 _ PERSONNEL REQ. NO 9015 —30t) PER YEAR DAY HOUR YEAR BYRON W. BROWN MAYOR 11/14 / ORIGINAL + 2 COPIES Td'CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 3 #4 (Rev 7-07) Certificate of Appointment 0 e 9 In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: JULY 1, 2016 in the Department of EXECUTIVE Division of MAYOR to the Position of DIRECTOR OF GOVERNMENT RELATIONS & SPECIAL PROJECTS Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 88,238. LAST JOB TITLE LAST DEPARTMENT _ LAST SALARY NAME JESSICA M. SMITH DATE ADDRESS 480 WOODWARD CITY & ZIP BUFFALO, NY 14214 LAST 4 DIGITS OF SSN. XXX -XX -2727 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10301001 BUDGET ACCT. OBJ. 411001 PROJ. ID SALARY RANGE OF POSITION REASON FOR APPT. ABOVE THE MINIMUM: TITLE CODE NO 1456 PERSONNEL REQ, NO 2015-311 PER YEAR DAY HOUR YEAR NAME OF APPOINTING AUTHORITY: BYRON W. BROWN TITLE OF APPOINTING. AUTHORITY: MAYOR DATE: JQLY 1, 2016 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: ITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: JULY 1, 2016 in the Department of EXECUTIVE Division of INTERGOVERNMENTAL RELATIONS to the Position of PRESS INFORMATION OFFICER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 43,540. LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -3291 NAME COLLEEN A. YOUNG ADDRESS 140 LINWOOD AVE. APT. D5 CITY & ZIP BUFFALO, NY 14209 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10318001 BUDGET ACCT. OBJ. 411001 PROJ. ID SALARY RANGE OF POSITION REASON FOR APPT. ABOVE THE MINIMUM: TITLE CODE NO 1457 PERSONNEL REQ. NO 2016-300 PER YEAR DAY HOUR YEAR NAME OF APPOINTING AUTHORITY: BYRON W. BROWN TITLE OF APPOINTING. AUTHORITY: MAYOR DATE: JULY 1, 2016 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TOU: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 5 #4 (Rev 7-07) Certificate of Appointment 01.(9' 1 In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of JULY 18, 2016 EXECUTIVE INTERGOVERNMENTAL RELATIONS GRAPHIC ARTIST Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY (Insert one) $ 50,000. DATE LAST 4 DIGITS OF SSN. XXX -XX - LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX - BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION EXEMPT FLAT NAME ERIN B. HARRIS ADDRESS 315 HUDSON ST. CITY & ZIP BUFFALO, NY 14201 NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE 10318001 411001 PROJ.ID REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: TITLE CODE NO 0997 PERSONNEL REQ. NO 2016-16 PER YEAR DAY HOUR YEAR BYRON W. BROWN MAYOR JULY 18, 2016 ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) c3-(‘ FROM THE MAYOR - EXECUTIVE DEPARTMENT July 19, 2016 FROM THE OFFICE OF CITIZEN SERVICES COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 14, 2016 FROM: DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: Citizen complaints for traffic violations Dear Honorable Body, The City of Buffalo's 311 CaII and Center (311) has received your request to provide the Common Council with all resident complaints to the Buffalo Police regarding traffic violations on residential streets. Please find the attached report that lists all relevant complaints from May 1, 2016 to the present. REFERRED TO THE CMPAIITTEE ON COMMUi"iiTY DEVELOPMENT. Department Head Name: Oswaldo Mestre Jr. Title: Director, Citiz Service -, Signature of Department Head: 2`� ase Ype Reference. 1000524118 1000524175 1000524401 11000524634 1000524710 1000524756 1000524929 1000524930 1000524931 1000525365 1000525861 Police Issue (Req_Serv) Police Issue (Req_Serv) Police Issue (Req_Serv) Police Issue (ReqServ) Police Issue (Req Serv) Police Issue (Req_Serv) Police Issue (Req Serv) Police Issue (Req_Serv) Police Issue (Req Serv) Police Issue (Req Serv) Police Issue (Req_Serv) 1000525865 Police Issue (Req_Serv) 1000525887 Police Issue (Req_Serv) 1000526530 Police Issue (Req_Serv) 1000526792 1000526821 1000526892 Police Issue (ReqServ) Police Issue (Req_Serv) Police Issue (Req_Serv) 1000527399 Police Issue (ReqServ) 1000527451 Police Issue (Req_Serv) 1000527770 Police Issue (Req_Serv) 11000529245 11000529263 11000529523 11000529790 11000529874 11000530179 1000530220 1000530588 1000530665 Police Issue (Req_Serv) Police Issue (Req_Serv) Police Issue (Reg_Serv) Police Issue (Req_Serv) Police Issue (Req_Serv) Police Issue (Req_Serv) Police Issue (Req_Serv) Police Issue (Req_Serv) Police Issue (Req_Serv) 1000531137 Police Issue (Req_Serv) 1000531340 Police Issue (Req_Serv) 1000531643 Police Issue (Req_Serv) 1000532386 Police Issue (Req_Serv) 1000532457 Police Issue (Req_Serv) ase s • ec Michigan Ave CAZENOVIA Intersection of Shirley Ave and Suffolk St 689 LAFAYETTE AVE AMHERST ST Intersection of Colonial Cir and Lafayette Ave 29 COLLATON 29 COLLATON 32 FULLER 31 NORMAN Intersection of Woodward Ave and Jewett Pkwy Intersection of State Hwy 198 and Parkside Ave Intersection of Southside Pkwy and Lakewood Ave Intersection of Tonawanda St and Riverside Ave 659 CRESCENT 45 ACADEMY Intersection of E Parade Ave and Northampton St Ontario St Intersection of Linden Ave and Crestwood Ave Intersection of Comstock Ave and Hewitt Ave Intersection of Grote St and Howell St Intersection of Bailey Ave and Kermit Ave 423 ONTARIO Intersection of Main St and W Tupper St 69 BRISCOE ST LAWRENCE 126 SOUTHSIDE DEW ITT Intersection of Newburgh Ave and Easton Ave Intersection of Lakefront Blvd and Erie St Intersection of Hartman PI and Arthur St Intersection of Maryland St and Busti Ave Intersection of Vermont St and Prospect Ave Intersection of Crescent Ave and Florence Ave ioee• ing or tbp sign Speeding Speeding Speeding and stop sign 14222 Speeding Speeding and stop sign Speeding and stop sign 14207 14207 14207 14210 Speeding Speeding Speeding Stop sign Speeding Speeding Speeding Stop sign 14216 Speeding 14211 Speeding Speeding and stop sign Speeding Speeding and stop sign Stop sign Stop sign Speeding 14207 Speeding Speeding. 14211 Speeding Speeding 14220 Speeding Speeding Stop sign Stop sign Stop sign Stop sign Stop sign Stop sign ate wised` 5/2/2016 8:14:42 AM 5/2/2016 9:43:00 AM 5/2/2016 3:32:08 PM 5/3/2016 1:33:00 PM 5/3/2016 4:06:15 PM 5/4/2016 9:07:40 AM 5/4/2016 12:33:23 PM 5/4/2016 12:34:12 PM 5/4/2016 12:34:55 PM 5/5/2016 4:02:14 PM 5/9/2016 11:03:12 AM 5/9/2016 11:07:57 AM 5/9/2016 11:33:34 AM 5/11/2016 10:45:56 AM 5/12/2016 8:41:35 AM 5/12/2016 9:17:09 AM 5/12/2016 10:34:31 AM 5/13/2016 3:22:56 PM 5/16/2016 9:07:02 AM 5/16/2016 3:22:58 PM 5/20/2016 2:38:57 PM 5/20/2016 3:03:10 PM 5/23/2016 10:56:24 AM 5/24/2016 8:55:38 AM 5/24/2016 10:06:10 AM 5/25/2016 8:36:15 AM 5/25/2016 9:16:32 AM 5/26/2016 9:19:10 AM 5/26/2016 10:33:47 AM 5/27/2016 2:18:54 PM 5/31/2016 10:00:30 AM 5/31/2016 1:23:34 PM 6/2/2016 11:44:03 AM 6/2/2016 1:36:35 PM 11000528100 Quality of Life Issue (Req_Serv) 11000532960 Quality of Life Issue (ReqServ) 11000533564 Quality of Life Issue (Req_Serv) 11000534350 Quality of Life Issue (Req_Serv) 11000534724 Quality of Life Issue (ReqServ) 11000558523 Quality of Life Issue (Req_Serv) 11000559310 Quality of Life Issue (Req_Serv) 11000560866 Quality of Life Issue (Req_Serv) 21 ST MARYS 14211 Speeding Tifft St Speeding Intersection of Tacoma Stop sign Ave and Voorhees Ave 601 MINNESOTA 14215 Speeding Hertel Ave Stop sign Intersection of Cunard Speeding Rd and Taunton PI 238 WHITNEY 14201 Speeding DORCHESTER 5/17/2016 3:03:15 PM 6/5/2016 5:15:25 PM 6/7/2016 11:55:11 AM 6/9/2016 6:19:41 PM 6/12/2016 6:29:10 AM 6/27/2016 8:38:52 AM Speeding 17/5/2016 10:48:23 PM 1,°\ COMMUNICATION TO THE COMMON COUNCIL J TO: THE COMMON COUNCIL DATE: June 1, 2016 FROM: DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: Submission of Monthly Report for May 2016 0169, The Office of the Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for May 2016, as mandated by Section 6-20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED Department Head Name: Oswaldo Mestre Jr. Title: Director, itizen Services Signature of Department Head: City of Buffalo Citizen Services 218 City Hall Calls Between 5/1/2016 and 5/31/2016 Administrative Adjudication Anti -Graffiti Program Assessment Issue BFD Fire Issue BMHA BMHA Employee Issue Board of Education BPD BasketballHoop_RoW pene® 14 3 14 1 1 10 BPD Employee Issue BPD Quality of Life Issue Buffalo Police Department CitiStat - Citizens Information City Clerk Issue CityClerk Dog License CommServs Senior Services DPIS Lead Paint Inspection DPIS Rental Registrat ion EDPIS Fair Housing Complaint Fire Hydrant----------- Graffiti PW Traffic Great American Clean -Up HR Civil Service Issue 3 119 227 4 24 4 Inrem Real Estate Law Claims NationalGrid Streetlights2 13 2 ,414.181119.11.21.11 31 35 117 Neighborhood CleanUp Olmsted Parks Open311 Graffiti Open311 Housing OSP Housing Loans OSP Other Issue Parking -Buffalo Traffic Violations Post Event PVB Abandoned Vehicle PVB Parking Issue PVB Pay Station PVB Personnel Issue PVB Single -Space Meter 15 9 6 36 1 2 5 4 24 PW Animals PW Bridge Issue PW Building Maintenance PW Bulk Trash 116 117 5 PW Cave In 1 168 72 t` PW City Forester PW City Park Tree Issue PW City Parks PW CityHallCityCourt PW Curb - Metal Protruding Calls Between 5/1/2016 and 5/31/2016 penes 39 2 6 PW Curbs PW Damage from Snow Removal PW Damage from Sts/San Dept PW Damaged Street Light Pole PW Dead Animal Removal PW Eng Personnel PW Excess Trash PW Forestry SubContractor PW Fridge PW Garbage Missed Pickup PW Illegal Dumping_Curb PW Illegal Dumping_Street PW Leaves / Lawn Debris PW Missed 2_Piece Trash PW Ongoing Construction PW Ordinance Violations PW Other Hole in Road PW Park Garbage Pickup PW Pavement Markings Lines PW Paving PW Pest , PW Pick and Pay rtm W® PW Pools_Splashpads PW Pot Hole PW Recycle Tote PW Recycle PW RecycleTote PW Recycling Missed Pickup PW Recycling Personnel Issue PW Recycling Tote Escalated Question PW Right of Way Issue PW Rodents PW Sanitation Operational PW Sanitation Personnel PW Sidewalks PW Sign Hazards PW Sign Maintenance PW Signal Other Issue PW Signal Out or Flashing PW Signal Timing Issue City PW Special Event Totes 98 105 12 55 133 164 1 PW Street Plowing PW Streets Operational PW Streets Personnel PW Sweeper PW Tote Waiver PW Totes 142 28- __..._._52.. 28 196 67 2 Calls Between 5/1/2016 and 5/31/2016 pene® PW TV at Curb PW User Fee PW Vacant Lot PW Waterfront Issues Quick Response Teams Save Our Streets Sewer Sewer -Flooding Taxation Issue Water Water_Billing_Meter COMMUNICATION TO THE COMMON COUNCIL 0 1 9 TO: THE COMMON COUNCIL DATE: July 1, 2016 FROM: DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: Submission of Monthly Retort for June 2016 The Office of the Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for June 2016, as mandated by Section 6-20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED Department Head Name: Oswaldo Mestre Jr. Title: Director, Citizen Services Signature of Department Head: Administrative Adjudication Anti -Graffiti Program Assessment Issue BFD Fire Issue BMHA City of Buffalo Citizen Services 218 City Hall Calls Between 6/1/2016 and 6/30/2016 BMHA Employee Issue Board of Education BPD BasketballHoop_RoW BPD Employee Issue BPD Quality of Life Issue Buffalo Police Department CitiStat City Clerk Issue CityClerk Dog License CommSvs CommunityBased Organizations DPIS Lead Paint Inspection EDPIS Fair Housing Complaint Fire Hydrant Graffiti PW Traffic HR Civil Service Issue V611041119.1. 3 4 1 14 18 1 1 10 4 99 38 4 1 5 1572 5 22 1 HR Comp and Benefits Illegal Dumping OSP RealEstate Inrem Real Estate Law Claims NationalGrid Streetlights2 Neighborhood CleanUp Olmsted Parks Open311 Graffiti Open311 Housing OSP Other Issue Parking -Buffalo Traffic Violations Post Event PVB Abandoned Vehicle PVB Parking Issue PVB Pay Station PVB Personnel Issue PVB Single -Space Meter -- PW Animals 1 6 26 156 4 24 16 237 64 4 179 119 PW Bike Rack PW Bridge Issue PW Building Maintenance PW Bulk Trash PW Cave In PW City Forester PW City Park Tree Issue „„_„„ ..... 1 2 56 57 41 2 Calls Between 6/1/2016 and 6/30/2016 PW City Parks PW CityHall_CityCourt pene• 41 PW Curbs PW Damage Sts/San Dept PW Damaged Street Light Pole PW Dead Animal Removal PW Eng Personnel PW Excess Trash PW Forestry SubContractor PW Fridge PW Garbage Missed Pickup PW Illegal Dumping_Curb PW Illegal Dumping_Street PW Leaves / Lawn Debris 21 17 65 35 432 47 14 PW Ordinance Violations PW Other Hole in Road PW Pavement Markings Lines PW Paving PW Pest 11 58 244 PW Pick and Pay PW Pools_Splashpads PW Pot Hole PW Recycle Totes PWRecycleToteAbandon Pickup PW Recycling Missed Pickup PW Recycling Personnel Issue PW Recycling Tote Escalated Question " PW Right of Way Issue PW Rodents PW Sanitation Operational PW Sanitation Personnel `PW Sidewalks PW Sign Hazards PW Sign Maintenance PW Signal Other Issue PW Signal Out or Flashing PW Signal Timing Issue City PW Streets Operational PW Streets Personnel PW Sweeper PW Tote Waiver PW Totes PW Totes Audit -PW TV at Curb PW User Fee PW Vacant Lot PW Waterfront Issues Quick Response Teams 181 4 193 105 111 9 209 31 39 2 1 2 68 3 1155 35 18 252 9 19 Save Our Streets Sewer Calls Between 6/1/2016 and 6/30/2016 Sewer -Flooding Taxation Issue Water ,. Water_Billing_Meter 3 16 65 12 FROM THE CITY PLANNING BOARD July 19, 2016 SEQRA Notice of Determination Non Significance Negative Declaration / 700 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo, Planning Board 901 City Hall 65 Niagara Square Buffalo, NY 14202 As per the provision of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Lloyd Taco Factory Location: 502 Elmwood Avenue, Buffalo, NY Type of Action: Type 1, Coordinated Description: The Action involves the operation of a restaurant and the expansion of an existing one story 2,846 square foot commercial building located at 502 Elmwood Avenue which will include a 783 square foot interior addition (flip room/prep area and patio bar building addition) and a 1,245 square foot outdoor patio addition. As a Result of this Environmental Review: The Lead Agency has determined the undertaking of this action will not have a significant adverse effect on the quality of the environment. No further environmental review will be conducted prior to implementation of the action and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: Potential environmental impacts associated with the action were identified in the Environmental Assessment Form to assess potential adverse environmental impacts compared to the criteria for determining significance identified in 6 NYCRR §617.7(c)(1) and in accordance with §617.7 (c)(2)(3). The potential impacts are not significant. The new restaurant in an existing structure and the small addition to the existing building will not pose any significant threat or impacts to the surrounding environment. The project will not have a significant impact on air quality although the use will include heating and cooling units. This is not a significant impact and would not require an air permit. There will be a small increase in the amount of impervious surfaces associated with this project, however the increase is minor as the site is mainly built out. The project will not have a substantial adverse change in existing traffic levels. The project is located in a commercial area and is accessible to existing public transportation routes. The project will not have a substantial adverse change in noise levels. The surrounding areas are primarily commercial and industrial purposes. The use of this site as commercial will not have a substantial increase in noise levels. The use of the site for a restaurant will not substantially increase solid waste generation. There will be no increase in potential for erosion, flooding, leaching, or drainage problems, the project will not increase impervious surfaces and is not adjacent to a waterbody or floodplain. 1 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo, Planning Board 901 City Hall 65 Niagara Square Buffalo, NY 14202 As per the provision of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Lloyd Taco Factory Location: 502 Elmwood Avenue, Buffalo, NY Type of Action: Type 1, Coordinated Description: The Action involves the operation of a restaurant and the expansion of an existing one story 2,846 square foot commercial building located at 502 Elmwood Avenue which will include a 783 square foot interior addition (flip room/prep area and patio bar building addition) and a 1,245 square foot outdoor patio addition. As a Result of this Environmental Review: The Lead Agency has determined the undertaking of this action will not have a significant adverse effect on the quality of the environment. No further environmental review will be conducted prior to implementation of the action and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: Potential environmental impacts associated with the action were identified in the Environmental Assessment Form to assess potential adverse environmental impacts compared to the criteria for determining significance identified in 6 NYCRR §617.7(c)(1) and in accordance with §617.7.(c)(2)(3). The potential impacts are not significant. The new restaurant in an existing structure and the small addition to the existing building will not pose any significant threat or impacts to the surrounding environment. The project will not have a significant impact on air quality although the use will include heating and cooling units. This is not a significant impact and would not require an air permit. There will be a small increase in the amount of impervious surfaces associated with this project, however the increase is minor as the site is mainly built out. The project will not have a substantial adverse change in existing traffic levels. The project is located in a commercial area and is accessible to existing public transportation routes. The project will not have a substantial adverse change in noise levels. The surrounding areas are primarily commercial and industrial purposes. The use of this site as commercial will not have a substantial increase in noise levels. The use of the site for a restaurant will not substantially increase solid waste generation. There will be no increase in potential for erosion, flooding, leaching, or drainage problems, the project will not increase impervious surfaces and is not adjacent to a waterbody or floodplain. 1 The project will not result in the removal or destruction of large quantities of vegetation or fauna; substantially interfere with the movement of any resident or migratory fish or wildlife species; impact on a significant habitat area; impact a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources. The project is located in an urban area and is not within or adjacent to a Critical Environmental Area and will therefore, not impair the environmental characteristics of a Critical Environmental Area. The construction of the new addition to the existing structure and the use as a restaurant in the overall building will not create material conflict with Community's current plan or goals as officially adopted. These actions are specifically supported by Community plans. The project will not impair character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character. No adverse impact is anticipated. Additionally, SHPO provided a letter determine no adverse impacts were anticipated. The project will not have a major change in the quantity or type of energy used. There will be a minor increase from the current use of vacant land, however, these impacts would not be significant. The project will not create a hazard to human health. Remediation work at the project site is ongoing under the NYSDEC's Brownfield Cleanup Program and will adhere to required remediation standards. No environmental hazards will be introduced from the new commercial use. The project will not create a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The project will not encourage or attract a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action. The project will not create a material demand for other actions that would result in one of the above consequences. The project will not involve changes in two or more elements ofthe-environment, neither of which has a significant adverse impact on the environment, but when considered together result in a substantial adverse impact on the environment. The project does not include two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in 6 NYCCR 617.7(C)(1). For further information relative to this Negative Declaration, contact Ms. Nadine Marrero, Director of Planning, Room 901 City Hall, Buffalo, New York 14202, (716)851-5029. Dated: July 11, 2016 CC: Applicant Involved Agencies, City Clerk Mayor Byron Brown ENB REFERRED TO THE COMMITTEE ON LEOSLATION. 9 SEQRA Notice of Determination Non Significance Negative Declaration 0178' This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo, Planning Board 901 City Hall 65 Niagara Square Buffalo, NY 14202 As per the provision of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Waterfront Apartments Phase II Location: 200 Niagara Street, Buffalo, NY Type of Action: Coordinated - Unlisted Description: The Action involves the demolition of 16 residential structures and the construction of 20 new residential structures that will consist of 172 residential units (48 one bedroom and 48 two bedroom apartments in two low rise buildings, and 59 two bedroom and 17 three bedroom townhouses). The site will have 38% pervious surface. The site will have access to Niagara and 7th Streets via the extension of Georgia Street (from Niagara Street to 7th Street) and from an approved driveway to Niagara Street as part of Phase 1 of the project. The overall site will have 236 parking spaces. As a Result of this Environmental Review: The Lead Agency has determined the undertaking of this action will not have a significant adverse effect on the quality of the environment. No further environmental review will be conducted prior to implementation of the action and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: Potential environmental impacts associated with the action were identified in the Environmental Assessment Form to assess potential adverse environmental impacts compared to the criteria for determining significance identified in 6 NYCRR §617.7(c)(1) and in accordance with §617.7 (c)(2)(3). The potential impacts are not significant. The new residential buildings will not have any significant adverse environmental impacts-- - The project will not have a significant impact on air quality although the use will include heating and cooling units. This is not a significant impact and would not require an air permit. There will be a small increase in the amount of impervious surfaces associated with this expansion, however the increase is minor and approximately 38% of the site will remain previous. The project will not have a substantial adverse change in existing traffic levels. The project is located in a developed urban area and is not likely to significantly increase traffic. The project site is also served by public transportation. The project will not have a substantial adverse change in noise levels. The residential buildings are similar to the existing character of the area which is located on a mixed-use street. The project will not have a substantial increase in solid waste production. The use of the site as residential will not significantly increase waste. 1 \O The projectwiUnotresultintheremova|mrdestruotionofkargequantbieaof vegetation vegetation or fauna; substantiafly interfere with the movement of any resident or migratory fish or wildlife species; impact on a significant habitat area; impact a threatened or endangered species of animal orp|�m�orth habitat of suchaspecies; orother significant adverse impacts to natural resources. The projectis|ucotedinenurbenmremandisnotvvithinored'acenttoeCrit|ca|Environmenta|Areaandxvi||therefore, not impair the environmental characteristics of a Critical Environmental Area. The projectisconsistentxviththeoomnnunbv'scurnontp|ensandgoa|4|ndudingthedeve|opnnentmfras|dentia|spacein the prject area. No adverse impact is anticipated. The pr'ectvvi||notimpactthecherocterandqua|ityofahistoricresourcmandiaconsiotentxvi1htheexint|ng community and neighborhood character. No adverse impact is anticipated. The pr'ectxvi||notresu|tinanma'orchongeinthequantityortypaofeneN8yused. The projectm/iUnotcremtemhmzendtohumnanhealth. The projectvviUnotcnaateasuby1antia|changeintheuse,orintenoityofuso,of|andindudinga8hcu|tura|,mpenspaoeor recreational resources, or in its capacity to support existing uses. The project will not encourage or attract a large number of people to a place or places for more than a few days, compared ( to the number of peopte who woutd come to such place absent the action. The project will not create a material demand other actions that would result in one of the above consequences. The projectxxiUnmtinvo|vechangesintxvomrnmoree|emnentsoftheenvinmnment,noonemfvvhichhasas|gnificantadverae impact on the environment, but when considered together result in a substantial adverse impact on the environment. The has projectr wouldhaveas' nificantinnpactbn the environment, but when considered cumulatively would meet one or more of the criteria in 6 NYCCR 617.7(C)(1). For further information relative to this Negative Declaration, contact Ms. Nadine Marrero, AICP, Director of Planning, Room 901 City Hall, Buffalo, New York 14202, (716) 851-5029 Dated: June 27, 2016 CC: Applicant Involved Agencies, City Clerk RECEIVED AND PLED op SEQRA Notice of Determination Non Significance Negative Declaration 0 7 0 ,. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo, Planning Board 901 City Hall 65 Niagara Square Buffalo, NY 14202 As per the provision of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Waterfront Apartments Phase II Location: 200 Niagara Street, Buffalo, NY Type of Action: Coordinated — Unlisted Description: The Action involves the demolition of 16 residential structures and the construction of 20 new residential structures that will consist of 172 residential units (48 one bedroom and 48 two bedroom apartments in two low rise buildings, and 59 two bedroom and 17 three bedroom townhouses). The site will have 38% pervious surface. The site will have access to Niagara and 7th Streets via the extension of Georgia Street (from Niagara Street to 7th Street) and from an approved driveway to Niagara Street as part of Phase I of the project. The overall site will have 236 parking spaces. As a Result of this Environmental Review: The Lead Agency has determined the undertaking of this action will not have a significant adverse effect on the quality of the environment. No further environmental review will be conducted prior to implementation of the action and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: Potential environmental impacts associated with the action were identified in the Environmental Assessment Form to assess potential adverse environmental impacts compared to the criteria for determining significance identified in 6 NYCRR §617.7(c)(1) and in accordance with §617.7 (c)(2)(3). The potential impacts are not significant. The new residential buildings will not have any significant adverse environmental impacts. The project will not have a significant impact on air quality although the use will include heating and cooling units. This is not a significant impact and would not require an air permit. There will be a small increase in the amount of impervious surfaces associated with this expansion, however the increase is minor and approximately 38% of the site will remain previous. The project will not have a substantial adverse change in existing traffic levels. The project is located in a developed urban area and is not likely to significantly increase traffic. The project site is also served by public transportation. The project will not have a substantial adverse change in noise levels. The residential buildings are similar to the existing character of the area which is located on a mixed-use street. The project will not have a substantial increase in solid waste production. The use of the site as residential will not significantly increase waste. 1 \O The project will not result in the removal or destruction of Targe quantities of vegetation or fauna; substantially interfere with the movement of any resident or migratory fish or wildlife species;. impact on a significant habitat area; impact a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources. The project is located in an urban area and is not within or adjacent to a Critical Environmental Area and will therefore, not impair the environmental characteristics of a Critical Environmental Area. The project is consistent with the community's current plans and goals, including the development of residential space in the project area. No adverse impact is anticipated. The project will not impact the character and quality of a historic resource and is consistent with the existing community and neighborhood character. No adverse impact is anticipated. The project will not result in a major change in the quantity or type of energy used. The project will not create a hazard to human health. The project will not create a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The project will not encourage or attract a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action. The project will not create a material demand for other actions that would result in one of the above consequences. The project will not involve changes in two or more elements of the environment, no one of which has a significant adverse impact on the environment, but when considered together result in a substantial adverse impact on the environment. The project does not include two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in 6 NYCCR 617.7(C)(1). For further information relative to this Negative Declaration, contact Ms. Nadine Marrero, AICP, Director of Planning, Room 901 City Hall, Buffalo, New York 14202, (716) 851-5029 Dated: June 27, 2016 CC: Applicant Involved Agencies, City Clerk RECEIVED AND FILED 2 i i ] I FROM THE OFFICE OF STRATEGIC PLANNING COMMUNICATION TO THE COMMON COUNCIL To: Common Council From: Executive Date: July 14, 2016 Re: Annual Action Plan Amendments Prior Council Reference: NIA Attached for your Honorable Body's consideration is an amendment for prior and current year Annual Action Plans. The Amendment includes projects/services that are already within the City's Annual Action Plan and adjusts budget lines in the current and prior Annual Action Plans to support those commitments. In summary, there are CHDO projects that are currently underway with Matt Urban and Black Rock Riverside NHS that need additional funds in order to bring them to successful completion. This amendment will move those stalled homebuyer/homeowner rehabilitation projects forward at 21 S. Ryan, 928 & 933 Fillmore, and 245 Dearborn streets. In addition, this amendment includes a proposal to replenish CDBG program delivery line and cover administration costs that were incurred due to HOME expenses and auditing costs. Furthermore, there is a project proposed in order to provide a HVAC unit needed at West Side Community Center, which is an identified "cooling center" for the City of Buffalo. Lastly, there is a minor amendment to update the description of the fund usage for substantial rehabilitation for rental rehabilitations or new construction of multi -family, or homebuyer housing. There will be a public hearing held on July 26th, 2016 at 6:OOpm in conference room 901 to open up this item to the community for comments and answer any questions they may have. The public 30 day comment period will expire on August 26th, 2016. I respectively request that your Honorable Body: (1) Approve the attached amendment for the Annual Action Plan and prior years; (2) Authorize the Mayor, or his designee to execute the amendments and related documentation required or useful in facilitating the city's receipt and utilization of the subject funding, consistent with the rules and regulations governing the CDBG and HOME programs. SIGNATURE DEPARTMENT HEAD: Brendan R. Mehaffy, Esq. TITLE: Executive Director, Mayor's Office of Strategic Planning REFERRED TO THE COMTTEE ON COMMUNITY DEVELOPMENT. 00) AMENDMENT TO THE CITY OF BUFFALO'S ANNUAL ACTION PLANS PROPOSED CHANGES The City will amend its Annual Action Plan whenever it makes one of the following decisions: to make a change in its allocation priorities or the method of distributing funds; to carry out an activity using funds from any program covered by the Consolidated Plan (including program income) not previously described in the Action Plan; or to change the purpose scope, location and/or beneficiaries of the activity. The City will use the following criteria to determine what changes in planned or on-going activities constitute a substantial amendment to the Annual Action Plan: substantial change occurs when the cumulative effect of an activity's budget amount is increased or decreased by more than twenty-five percent (25%), or when interim financing such as float loans are provided. A substantial change is not moving funds from unencumbered project balances from one year to another year for similar activities within the same target area. Nor is it transferring funds within the same HUD -eligible categories. The City of Buffalo will be holding a public hearing on these amendments at City Hall, 62 Niagara Street, Buffalo, NY 14202 at 6:OOpm on the 9th Floor, Conference Room 901. The City will provide a comment period of 30 days from the date of this Public Hearing. The comment period for this amendment will end on August 26, 2016. The City will consider any comments, or views of citizens received in writing by August 26, 2016. The City will respond in writing to any comments made on these amendments. The amendments will be submitted to HUD along with a summary of any comments received, the City's written response, and a summary of any comments not accepted and the reasons therefore. CDBG AMENDMENTS TO THE 2015-2016 ANNUAL ACTION PLAN The City will amend its current year 2015-2016 Annual Action Plan to increase funding to the following Projects: Proposed Project Amount Homebuyer/Homeowner Rehabilitation Program - Citywide $333,253.00 Homebuver/Homeowner Rehabilitation Proaram — Citywide Proposed Amount: $333,253.00 The City will provide funding for the acquisition, rehabilitation and resale of one and two family structures city-wide. Homes will be brought into compliance with local codes and lead based paint hazard reduction standards before resale to qualifying families. Eligible repairs may address code related issues, health and safety violations, substandard conditions, and lead based paint hazards, and will include the repair, or replacement of major housing systems as necessary. This amendment will address additional funds needed for the project completion of 21 S. Ryan (IDIS# 9065; 36-70503), 928 Fillmore Ave. (IDIS#9063; 39-70502), 933 Fillmore Ave. (IDIS #9064; 39- 70502) and 245 Dearborn St. (IDIS#9061;40-70502). Moreover, funding will be used to provide renovations to owner -occupied properties purchased through the In Rem auction process; or through a private sale within the past two years; and to existing owner - occupied properties in need of repairs. Eligible repairs may address code related issues, health and safety violations, substandard conditions, and lead-based paint hazards, and will include the repair or replacement of major housing systems as necessary. The projects are eligible under 570.202 Rehabilitation Activities. The project will be funded from current year projects having left over balances, where bids for the work came in under budget, or projects that were not carried out and will no longer be funded as follows: Fundina Source: Section 108 Debt Repayment - 2015, CPS #11 Current Project Amt Including Amended Project Prior Amendments Reduction Proiect Amt. Status $541,056.00 $333,253.00 $207,803.00 Ongoing The City will amend its current year Annual Action Plans to increase funding to the following projects: Program Delivery - Homeownership Assistance Current Project Amt Including Amended Project Prior Amendmets Increase Proiect Amt. Status $ 0 $ 150,000.00 $150,000.00 Ongoing CDBG Proaram Delivery Proposed Amount: $150,000.00 Funding will be allocated to provide funds necessary for the carrying out of duties associated with this project. Efforts were supported by an old project line 37-50901 (IDIS#8123) and funds have now been completely drawn. Propose that this project will now funded under the project/activity ID of 41-50901 and funds will be pulled from the unused remaining balance from Section 108 repayments post Housing Amendment allocation. The project complies with cost principles (24 CFR Subpart C 570.200 (a) (5); OMB Circular A-87). Funding Source: Section 108 Debt Repayment - 2015, CPS #11 2 Current Project Amt Including Amended Project Prior Amendments Reduction Proiect Amt. Status $207,803.00 $150,000 $57,803.00 Ongoing 6,6 ************************************************************************************************************************************** The City will amend its current year Annual Action Plans to increase funding to the following projects: General Administration - 2015, CPS #21 General Administration — 2015. CPS #21 Current Project Amt Including Amended Project Prior Amendmets Increase Proiect Amt. Status $ 2,756,925.00 $ 370,000.00 $ 3,126,925.00 Ongoing Proposed Amount: $370,000.00 Funding is needed to cover HOME costs & costs associated with the outside Auditor (EFPR Group CPA) as well as, City Auditor salaries. The project complies with cost principles (24 CFR Subpart C 570.200 (a) (5) & (3) (d); OMB Circular A-87). Funding Source: Section 108 Debt Repayment - 2015, CPS #11 Current Project Amt Including Prior Amendments Amended Project Reduction Proiect Amt. Status $57,803.00 $57,803.00 $0 Closeout Remaining funds needed to fund the project will be pulled from unallocated program income in the amount of $312,197.00 ******************************************************************************************************************************************************************** The City will amend its current year Annual Action Plans to increase funding to the following projects: West Side Community Services Community Center Improvements - 2015 Current Project Amt Including Amended Project Prior Amendmets Increase Proiect Amt. Status $ 0 $ 190,000.00 $190,000.00 Ongoing West Side Community Center Improvements — 2015 Proposed Amount: $190,000.00 We are including a project that was not previously identified in the current Annual Action Plan (PY41) to assist West Side Community Center, a community center that has been identified as a "cooling center" for the City of Buffalo. The funding will address repairs needed to the current HVAC system at the center. It includes the installation of a multiple split system air conditioning unit within this community center. A new activity will be added to local CDBG ID 41-50203. Funding Source: Current Project Amt Including Prior Amendments Community Center Improvements PY41 - 2015, $1,327,460.75 3 Amended Project Reduction Proiect Amt. Status $190,000.00 $1,137,460.75 Ongoing MINOR AMENDMENT: Description: Lastly, please note that we are updating the description of Substantial rehabilitation (renters) located on pages 29 of the year 41 AAP (2015- 2016). Funds will be provided as full or partial conditional loans/grants to create new affordable units and have already been allotted to rental rehabilitation, or new construction. There are no additions or reductions with this minor amendment and the AAP will be updated as follows: Substantial Rehabilitation- Rental Rehabilitation or New Construction — Multi-Familv or Homebuver Housing:. The program will provide for the rehabilitation of investor owned multi -family structures in targeted areas, or identified problem properties, or new construction of rental or homebuyer units, to ensure the availability of decent, safe and affordable housing for very low, low, and moderate income homebuyer or renter households. Multifamily Rental Housing funds will be used for expenses that bring assisted units into compliance with local standards, including interim controls to alleviate lead based paint hazards. The City distributes funding through an RFP process. Proposals are rated based on market analysis, cost effectiveness, development team experience and qualifications, M/WBE participation, and the amount of outside funding being leveraged. It is anticipated that up to 18 units will be assisted, although it is difficult to project the exact number of units before proposals and submitted. The RFP process allows the city to prioritize projects that provide the greatest number of housing units for the lowest HOME investment, in order to maximize program benefits. 4 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: City Clerk's Department - - BUFFALO July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1703 PASSED July 19, 2016 Strat Plan -Approve LDA Btwn COB and UH LOFTS LLC for 91 Lisbon, Former School No. 63 APPROVED JUL 2 8 2016 I/J (terfrtrii MAYOR Gerald A Chwalinski City Clerk # 2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: July 12, 2016 Q 703 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Approve Land Disposition Agreement (LDA) Between the City of Buffalo and UH LOFTS LLC for the Development of .a City -owned approximately 2.1 acre Parcel at 91 Lisbon, (commonly known as former School No. 63, SBL No. 79.71-2-1) as part of a Residential Community (the "Property") University District PRIOR COUNCIL REFERENCE: Item No. 1691, C.C.P. 9/2/14 and Item No. 58, C.C.P. 1/20/13 Your Honorable Body on January 20th 2015 designated CB Emmanuel Realty LLC and Barnes Real Estate Group (or entity formed by CB Emmanuel Realty LLC and Barnes Real Estate Group) as developer in connection with the above referenced City owned Property. The Developer has requested since that the name on a deed will be UH LOFTS LLC, a New York State limited liability company (and /or entity to be formed by UH LOFTS LLC and approved by the City of Buffalo Office of Strategic Planning), (hereinafter referred to as the "Developer"). The proposed transaction has evolved since September 2nd, 2012 in the following significant ways: 1. The proposed development is now planned to be a conversion into forty-four (44) residential units, comprised of one (1) and two (2) bedroom units for veterans, and moderate and low-income individuals/families. 2. 38 of the 44 units shall be rented to households at 60% or less of AMI; 3 of these 38 units shall be further restricted to households at 50% or less of AMI and 6 of the 44 units shall be rented to households at 90% or less of AMI. 3. The proposed development will no longer include 3 bedroom units and will not include a community and/or commercial space for lease on the ground floor. 4. The Developer has pre-closing access rights to the Property for the purpose of ground maintenance. 5. The City has agreed to sell and the Developer has agreed to purchase the said Property. The Developer has agreed to develop the Property in accordance with the provisions of the attached Land Disposition Agreement ("LDA"). Developer intends to develop the sale Property into a residential community comprised of several different apartment. The overall project is located on a vacant property formerly used as a school. The total Project cost is estimated at $16,511,572. The Project is expected to be financed through several ways: • The New York State Housing Finance Agency issuance and sale of Agency tax- exempt bonds in an aggregate principal in the amount of $1,076,500 1�' July 11, 2016 UH LOFTS LLC — Designated Developer 91 Lisbon, School #63 • The Buffalo Urban Renewal Agency (BURA) in the amount of $1,200,000 • Federal Low Income Tax Credits ("FLIHTC") in the amount of $428,114. • Empire State Development (ESD) in the amount of $2,000.000 • Federal Historic Tax Credits ("FHTC") in the amount of $2,886,823 • State Historic Tax Credits ("SHTC") in the amount of $2,886,823 • New York State Low Income Housing Tax Credits ("SLIHC") in the amount of $424,404 • And then the Developer is expected to obtain long-term financing through the private market, through an insurance company or other lender. The Developer commissioned David M. Carlon, Senior Appraiser and M. Scott Allen, Review Appraiser of GAR Associates, who has estimated the fair market value of the subject Property to be One Hundred Fifty Six Thousand Dollars ($156,000). The appraisal was submitted to the City of Buffalo Appraisal Review Board for review and they concur with the Appraiser's estimate of value of One Hundred Fifty Six Thousand Dollars ($156,000). I am recommending and respectfully requesting that Your Honorable Body: 1. Approve the attached proposed Land Disposition Agreement (LDA) between the City of Buffalo and UH LOFTS LLC (and/or a corporation, partnership or other legal entity to be designated by the Developer and acceptable to the Executive Director of the Office of Strategic Planning) with a sale price in the amount of One Hundred Fifty Six Thousand Dollars ($156,000); 2. Authorize the Mayor to execute the LDA (and all related closing documents including but not limited to the deed) to be negotiated to finalization where appropriate by the Corporation Counsel's office; 3. Authorize the Mayor and other pertinent City personnel to take all such steps and actions and to execute and or develop, negotiate and process the necessary documents, agreements and/or modifications thereto as shall be reasonably necessary to facilitate and implement the terms and provisions of the LDA, as are determined to be appropriate by the Corporation Counsel; 4. Direct the Corporation Counsel and other appropriate City personnel to negotiate to finalization said LDA and any ancillary agreements and other necessary documentation wherever necessary for execution and actual implementation of the above tasks and objectives. 2 July 11,2016 UH LOFTS LLC — Designated Developer 91 Lisbon, School #63 DEPARTMENT HEAD NAME: TITLE: SIGNAL'0.-RIZIF DEPARTMENT HEAD: CRN/bc CHRISTIE R. NELSON DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING 3 q)i CONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT BY AND BETWEEN CITY OF BUFFALO AND UH LOFTS LLC DEVELOPER LIST OF SCHEDULES SCHEDULE A LEGAL DESCRIPTION (referenced on pg. 1) B ENVIRONMENTAL RELEASE (referenced on pg. 6) CONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT This CONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT (hereinafter called "Agreement"), made on or as of the day of July, 2016, by and between the City of Buffalo, a New York State municipal corporation (hereinafter called "City"), having its office at Room 920 City Hall, Buffalo, New York 14202, AND UH Lofts LLC, a limited liability company organized under the laws of New York State (and/or a corporation, partnership, or other legal entity or entities to be designated by UH Lofts LLC and approved by the City of Buffalo, Office of Strategic Planning), (hereinafter called "Developer") having an office for the transaction of business at 221-10 Jamaica Avenue, 3rd Floor, Queens Village, New York 11428. WITNESSETH WHEREAS, City has offered to sell and Developer is willing to purchase certain improved real property in Buffalo, New York, as more particularly described in Schedule A annexed hereto and made part hereof (which property as so described is hereinafter called "the Property"), and to redevelop and or renovate the Property for and in accordance with the uses specified in the provisions of this Agreement; and WHEREAS, the Property is improved with now vacant former school No. 63, located at 91 Lisbon Avenue, Buffalo, NY 14214, and will be converted by Developer into forty-four (44) residential units (comprised of one (1) and two (2) bedroom units for veterans, moderate and low income individuals/families) (hereinafter the "Project"). NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, each of the parties hereto does hereby covenant and agree with the other as follows: SECTION 1 - SALE; PURCHASE PRICE (A) Subject to all the terms, covenants, and conditions of this Agreement, the City will sell the Property to Developer, and Developer will purchase the Property from City and pay therefore, the amount of $156,000.00 as determined by appraisal valuation based upon and derived from an appraisal report (obtained and paid for by the Developer, and approved by the City of Buffalo Appraisal Review Board), to be satisfactory in form and content to the City from an appraiser approved in advance by City (hereinafter called "Purchase Price" in U.S. Dollars), of which ten percent (10%) will be paid in accordance with Section 2(A) (ii) of this Agreement (the "Deposit"), and the balance subject to any adjustments and prorations provided herein shall be paid by Developer to City by wire transfer or by bank cashier's check at the time of delivery of the Deed (as hereinafter defined) conveying the Property to Developer. Reference is also made to the terms and provisions of that certain designated developer agreement that was duly entered into by the City and CB - Emmanuel Realty, LLC, a member of the managing member of the Developer and Barnes Real Estate Group, Inc., member of the managing member of the Developer, pursuant to Item No. 1691 of Common Council Proceedings held on September 2, 2014, as amended by Item No. 58 of Common Council Proceedings on January 20, 2015. City and Developer acknowledge and agree that after title to the Property is transferred to Developer, Developer shall have the right to immediately convey fee simple title to the Property to an entity having management/ownership substantially similar to Developer. Developer agrees to continue to maintain the Property to include exterior grounds maintenance in the form of snow and ice removal, grass cutting and cleaning (i.e. miscellaneous blowing of garbage, bottles, etc.) and exterior securing of windows until the transfer of title or until this Agreement is terminated. The Developer shall pay for all title, survey (ALTA survey), title insurance, recordation fees, filing fees, transfer tax (deed stamps), as well as for any and all other expenses related to the closing and transfer of title. The Developer shall also pay for any utility pole alteration or decommissioning or removal or relocation costs if it is determined by Developer (and if City agrees with such determination) that any utility poles need to be altered and/or decommissioned and or removed and or relocated from the Property. (B) The "Purchase Price" to be established as set forth above is subject to a Purchase Price Increase hereinafter defined. "Purchase Price Increase" shall mean a dollar for dollar increase in the Purchase Price for any and all expenditures made and or incurred by the City on or after the date of this Agreement at or related to the Property in connection with any environmental matters at the Property and or in connection with or arising from or in connection with any underground storage tank matters at the Property whatsoever, it being expressly understood and agreed that any determination as to whether or not the 2 City is obligated to make said expenditures shall be made solely by the City Real Estate Division and not by the Developer. SECTION 2 - CONVEYANCE OF PROPERTY (A) Conditions Precedent: Developer and City understand and agree that City's obligation to convey title to the Property and Developer's duty to accept title to the Property shall be subject to the satisfaction or waiver thereof of the following conditions precedent: (i) If not already approved, the approval of the Purchase Price and this Agreement by the Common Council of the City of Buffalo ("Common Council"); (ii) Developer's delivery of the Deposit within thirty (30) days following the later of (a) Developer's receipt of all necessary approvals as stated in Section 2 (A) of this Agreement or (b) the full execution of this Agreement; (iii) Developer's submission to and approval by City of the Plans (as hereinafter defined) pursuant to Sections 4 and 5 of this Agreement; (iv) Developer's submission to and approval by the City of Buffalo Planning Board of the site plan of the Project; (v) Developer's submission to the City of evidence reasonably satisfactory to City of equity capital and/or mortgage or other financing necessary for the completion of the Project pursuant to Section 5(E) of this Agreement; (vi) Developer's submission to the City of Buffalo's Department of Economic Development, Permit and Inspection Services of an application for a building permit, and receipt thereof, for the renovation of the Property pursuant to the Plans(as hereafter defined), (hereinafter the "Renovations"); (vii) Clear and unencumbered title to the Property with no liens or encumbrances, such determination to be made by Developer, in its sole discretion; (viii) Developer satisfying itself at Developer's sole cost and expense, in Developer's sole discretion, that the Property is in compliance with all Federal and New York State environmental statutes, rules and regulations; and (ix) Completion by both parties of all other obligations under this Agreement to be completed prior to Closing (as hereinafter defined) including but not limited to as identified in Section 11(B) of this Agreement. 3 (B) Conditions Subsequent: In the event that subsequent to conveyance of the Property or any part thereof to Developer and prior to completion of the Renovations as certified by City: (i) The Developer (or successor in interest) shall default in or violate its obligations under this Agreement with respect to the Renovations, or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended or remedied within twelve (12) months after written demand by the City to do so; or (ii) Developer (or successor in interest) shall, prior to the completion of the Renovations, fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by this Agreement (it being understood that all encumbrances and liens included in the owner's policy of title insurance obtained by Developer in connection with this transaction or related to debt and equity financing of the acquisition of the Property and/or the Renovations are authorized by this Agreement), or shall suffer any levy or attachment to be made, or any materialmen's or mechanic's lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed, bonded, insured over or discharged or provision satisfactory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by City to do so, Then City shall have the unilateral right (but not the obligation) to re-enter and take possession of the Property and to terminate the estate conveyed by the Deed to Developer and revest same in City, subject to any existing mortgage lien on the Property. It is the intent of the foregoing provision, together with other provisions of this Agreement, that the conveyance of the Property to Developer shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or inaction by Developer specified in this Section and failure on the part of Developer to remedy, end or cure such default, failure or violation within the time to cure provisions stated herein, City at its option shall have the unilateral right to declare a termination in favor of City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to Developer, and that such title and all rights and interests of Developer, and any assigns or successors in interest to and in the Property, other than an existing mortgage holder, shall revert to City. In addition, the City shall have the right to retain the Purchase Price paid as well as all deposits paid by Developer under this Agreement or otherwise without any deduction, offset or recoupment whatsoever, in the event of a default, violation or failure of Developer as specified above. 4 e9-1 (C) Form of Deed: City shall convey title to the Property to Developer by Quit Claim Deed (hereinafter called "Deed"). Such conveyance and title shall be subject to all conditions, covenants, and restrictions of record, and/or as are apparent or otherwise existing on site and/or as set forth or referred to elsewhere in this Agreement. (D) Closing: City shall deliver the Deed to the Property to Developer within sixty (60) days after the satisfaction of the last of the conditions precedent set forth in Section 2(A) of this Agreement, or on such other date as the parties hereto may mutually agree upon in writing. Conveyance shall be made at the principal office of City, and Developer shall accept such conveyance and pay the balance of the Purchase Price, subject to any applicable closing adjustments, to City at such time and place (the "Closing"). In the event the Developer shall not proceed with the acquisition of the Property within the designated period, through no fault of the City, Developer shall forfeit all fees and the Deposit paid on account, and the City shall retain all such fees. In the event that the closing does not take place within the designated period through no fault of Developer, then the Developer may cancel this Agreement and the Deposit shall be returned to Developer. (E) Apportionment of Taxes: Non -delinquent City and County taxes, user fee and or sewer rentals for the Property allocable to the land and or improvements, if any, shall be adjusted as of the date of delivery of the Deed. (F) Recordation of Contract and Deed: At or immediately following Closing, Developer shall file this Agreement and the Deed for recordation among the land records at the Erie County Clerk's Office. Developer shall pay,all filing and recording costs (including but not limited to the cost of the transfer tax on the Deed) for so recording the Deed and this Agreement. (G) Evidence of Title: Developer will provide reliable documentation with respect to title, including but not limited to title abstract, title insurance commitment (with copies of all exceptions) and ALTA survey (showing among other things the location of all currently existing utilities as well as all easements and other matters) with respect to the Property. In the event Developer desires title insurance, Developer shall obtain the same at its own cost and expense. Developer must give a copy of the Developer's Property title insurance commitment (with copies of all exceptions), the title abstract(s) and the survey to the City. All must be in form and substance acceptable to the City in the City's sole but reasonable discretion. (H) Condition of Property: Developer specifically acknowledges and agrees that the City shall sell, and Developer shall purchase, the Property "AS IS, WHERE IS AND WITH ALL FAULTS," and Developer is not relying on any representations or warranties of any kind whatsoever, whether 5 oral or written, express or implied, statutory or otherwise, from City, nor any officer, employee, attorney, agent or broker of City as to any matter concerning the Property, including (i) the quality, nature, habitability, merchantability, use, operation, value, marketability, adequacy or physical condition of the Property or improvements thereon and or any aspect or portion thereof, including, without limitation, structural elements, appurtenances, access, landscaping, parking, plumbing, sewage, water supply and availability in pressure and amount sufficient for the Developer's Project, and utility systems, facilities and appliances, soils, geology and/or groundwater, (ii) the dimensions or lot size of the Property, (iii) the development or income potential, or rights of or relating to, the Property, or the Property's use, habitability, merchantability, or fitness, or the suitability, value or adequacy of the Property for any particular purpose, (iv) the zoning or other legal status of the Property or any other public or private restrictions on the use of the Property, (v) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any governmental authority or of any other person or entity (including, without limitation, the Americans with Disabilities Act), (vi) the ability of Developer to obtain any necessary governmental approvals, licenses or permits for Developer's intended use or development of the Property, (vii) the presence or absence of asbestos and or Hazardous Materials on, in, under, above or about the Property or any adjoining or neighboring property, (viii) the quality of any labor and materials used in any improvements, if any, (ix) the condition of title to the Property, (x) the leases, contracts or any other agreements affecting the Property, if any, or the intentions of any party with respect to the negotiation and/or execution of any lease or contract with respect to the Property, (xi) City's ownership of the Property or any portion thereof, or (xii) the economics of, or the income and expenses, revenue or expense projections or other financial matters, relating to, the operation of the Property. Without limiting the generality of the foregoing, Developer expressly acknowledges and agrees that Developer is not relying on any representation or warranty of City, nor any officer, employee, attorney, agent or broker of City Agency, whether implied, presumed or expressly provided at law or otherwise, arising by virtue of any statute, common law or other legally binding right or remedy in favor of Developer. This Section shall survive the delivery, acceptance and or recordation of this Agreement and the Deed. (I) Indemnity and Release Provision: The Developer shall sign an Environmental Release and Indemnification Agreement in the form as set forth in Schedule B attached hereto and made a part hereof. Developer must provide the City with a copy of any and all environmental reports in Developer's possession relating to the Property and the Project. (J) Further agreements of the Developer. In exchange for the commitments of the City in this Agreement, the Developer shall: (1.) Purchase Price/with Purchase Price Increase. On the Closing Date, pay the Purchase Price and Purchase Price Increase to the City in 6 immediately available funds, upon receipt of the Deed. By way of clarification, the Developer expressly acknowledges and agrees that the City has been consistently clear to the Developer throughout the entire contract negotiation process that the Developer must, as a condition of purchasing the Property, agree to release and indemnify the City as to all environmental matters and absorb the cost of all environmental and related matters at the Property in addition to paying the City the appraised value of the Property established. To the extent that environmental related expenditures occur before the Closing, the Developer through the Purchase Price Increase mechanism is paying the cost thereof. Pursuant to Section 2(A)(ii) of this Agreement, the Developer will submit the check of the Developer made payable to the City in the amount of 10% of the Purchase Price to be held as earnest money in escrow by the City Comptroller under terms and conditions acceptable to the City. The 10% deposit will be credited to the Developer against the Purchase Price at closing. (2) In the alternative, if the Developer elects in its sole discretion not to pay the Purchase Price Increase, the City shall have the right to cancel this Agreement upon written notice to the Developer in which event the City shall have no further obligations to the Developer. The Developer's decision as to whether or not to pay the Purchase Price Increase shall be made in writing to the City within 5 days of City giving written notice of the environmental related expenditure (whether pending or actually paid). Developer's non -response shall be deemed to be a decision not to pay the Purchase Price Increase. SECTION 3 - TERMINATION (A) In the event that the City does not tender conveyance of the Property in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within ninety (90) days after the date of written demand by Developer, then Developer as its sole remedy shall have the right to terminate this Agreement and recover the Deposit from the City. Developer shall not be entitled to recover any out of pocket expenses and/or attorneys' fees. (B) In the event that prior to conveyance of the Property to Developer and in violation of this Agreement: (i) Except as provided in this Agreement, Developer (or any successor in interest) assigns or attempts to assign the Agreement or any rights therein, or in the Property; (ii) Developer does not apply for a building permit or submit to City evidence reasonably satisfactory to City of equity capital and/or mortgage or other financing necessary for completion of the Project as provided for in this Agreement; or (iii) Developer breaches any other term or condition of this Agreement, and if any default or failure referred to in this Section shall not be cured within ninety (90) days after the date of written demand by City, then this Agreement, and any rights of Developer, or any assignee or transferee, in this Agreement, or arising therefrom with respect to City or the Property, shall, at the sole option of City, be terminated by City, in which event, the Deposit shall be retained by City as liquidated damages and as its property without any deduction, offset, or recoupment whatsoever, and neither Developer (or assignee or transferee) nor City shall have any further rights against or liability to the other under this Agreement. Notwithstanding the foregoing, Developer's liability under any access agreements shall not be terminated upon termination of this Agreement. A copy of any written demand under this Section must be sent by the City to: Hudson Lofts at University LLC, the proposed investment member of the Developer (the "Investment Member") and any mortgage holder. The City acknowledges and agrees that the Investment Member and each mortgage holder shall have the right, but not the obligation, to cure any default or failure by the Developer under this Section and that the City will accept such cure by the Investment Member or mortgage holder as if the same had been done by the Developer. SECTION 4 — CONSTRUCTION AND PROJECT PLANS Pursuant to Section 5 of this Agreement, Developer shall submit to the City a detailed site plan of the Project for approval by the City of Buffalo Planning Board (if necessary) and construction plans including landscaping and a breakdown of estimated total Project costs, for review and approval by the City of Buffalo. Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinance of the City of Buffalo. Such plans and related documents, together with any and all changes thereto that may thereafter be made and submitted to City under Section 5 of this Agreement, are hereinafter collectively called the "Plans." The Plans shall be in sufficient completeness and detail to show that such improvements and construction thereof will be in accordance with the provisions of this Agreement. In addition, the Developer shall submit a colored rendering of the Project suitable for presentation to the Common Council, prior to Common Council approval of this Agreement. SECTION 5 -TIME FOR CERTAIN OTHER ACTIONS (A) Time for Submission of Plans. The time within which Developer shall submit the Plans to City shall be not later than ninety (90) days from the later to occur of: (a) the date of the execution of this Agreement by Developer; or (b) approval of this Agreement by the Common Council; Developer shall have the right to extend the time period for the submission of the Plans for an additional ninety (90) days upon written notice and payment of an additional $500.00 deposit (the "Additional Deposit") to City. Said Additional Deposit shall 8 be held by City and credited against the Purchase Price at Closing. The Additional Deposit and the Deposit are sometimes collectively referred to as the "Deposit". (B) Time for City to Review Plans. City shall have thirty (30) days from its receipt of the Plans to review and approve or reject the same. In the event that City fails to approve or reject the Plans within such thirty (30) day period, the Plans shall be deemed approved by City for purposes of this Agreement but not for purposes of the issuance of building permits and or for formal site plan approval. In the event City rejects the Plans, City shall notify Developer thereof, in writing, which notice shall set forth City's reason or reasons for rejecting such plans. (C) Time for Submission of Corrected Plans. The time within which Developer shall submit any new or corrected Plans shall not be later than sixty (60) days after the date Developer receives written notice from City of City's rejection of the Plans referred to in the latest such notice. (D) Time for City Action on Change in Plans. The time within which City may reject any change or correction in the Plans shall not be more than thirty (30) days after the date of City's receipt of notice of such changed plans (E) Time for Submission of Evidence of Equity Capital and Mortgage Financing. The time within which Developer shall submit to City evidence as to equity capital and/or mortgage or other financing necessary for completion of the Renovations shall not be later than one hundred eighty (180) days after the City's approval of the Plans pursuant to 5(B) or 5(D) of this Agreement. (F) Time for Application for Building Permit. The time within which Developer shall apply for a building permit for the Renovations shall not be later than one hundred eighty (180) days after the approval of the Plans. (G) The City's action or inaction under this Agreement with respect to the foregoing shall not constitute formal issuance of building permits and or formal site plan approvals. (H) Time for Commencement and Completion of Construction. The time within which Developer shall commence construction of the Renovations shall not in any event be later than ninety (90) days after the date of the delivery of the Deed and the receipt of a building permit from City, whichever occurs later. If weather or other force majeure conditions do not permit the commencement of construction within the aforementioned time period, then construction shall be commenced within ninety (90) days of weather or other force majeure conditions becoming suitable for construction activity, within the 9 sole reasonable judgment of Developer. Such construction shall be diligently completed as funding is available, with updates on the Developer's progress provided to the City upon its written request. Notwithstanding the foregoing and or any other provision of this Agreement to the contrary, Developer agrees to have the Renovations completed within seven (7) years of recordation of the Deed. SECTION 6 - COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS (A) Developer agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of Developer for itself and such successors and assigns, that Developer, and such successors and assigns, shall promptly begin and diligently prosecute to completion the construction of the Renovations as funding is available, and that construction shall in any event be begun within the period specified in Section 5 hereof and be completed within seven (7) years of recordation of the Deed. It is intended and agreed, and the Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of City and enforceable by City against Developer and its successors and assigns to or of the Property or any part thereof or any interest therein. Notwithstanding the foregoing and or any other provision of this Agreement to the contrary, Developer agrees to have the Renovations completed within seven (7) years of recordation of the Deed. (B) Progress Reports. Subsequent to conveyance of the Property or any part thereof to Developer, and until construction of the Renovations has been completed, Developer shall make on a monthly basis, or at such other interval as may be reasonably requested by City, progress reports in such detail as may be reasonably requested by City from time to time as to the actual progress of Developer with respect to the construction of the Renovations. Submission of monthly progress reports by the Developer shall be by the fifth (5th) of each month, beginning in the month following the month after the Deed is recorded. Such progress reports shall be delivered to the Office of Strategic Planning, Director of the Division of Real Estate, Room 920 City Hall, Buffalo, New York 14202. SECTION 7 - CERTIFICATION OF COMPLETION (A) Promptly after completion of the Renovations in accordance with those provisions of this Agreement relating solely to the obligations of Developer to construct the Renovations, the City will furnish Developer with an appropriate instrument so certifying. Such certification by City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of 10 satisfaction and termination of the agreements and covenants in this Agreement and in the Deed with respect to the obligations of Developer, and its successors and assigns, to complete the Renovations, and this issuance of such certification by the City shall automatically terminate any right of City to re-enter the Property, take possession of the Property, or terminate or revest in City the estate conveyed by the Deed to the Developer. (B) The certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or fail to provide any certification in accordance with the provisions of this Section, the City shall, within thirty (30) days after written request by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Renovations (or such portion thereof) in accordance with the provisions of this Agreement, and what measures or acts will be necessary, in the opinion of the City, for the Developer to take or perform in order to obtain such certification. In the event that City fails to provide the Developer with such written statement within such thirty (30) day period the obligations of Developer to construct the Renovations shall be deemed satisfied, and any right of City to re-enter the Property, take possession of the Property, or terminate or revest in City the estate conveyed by the Deed to the Developer, shall automatically terminate. The Deed shall contain language describing the foregoing procedure by which the City's right to re-enter the Property, take possession of the Property, or terminate or revest in City the estate conveyed by the Deed to the Developer, shall terminate. SECTION 8 - NOTICES AND DEMANDS Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) In the case of Developer, is addressed to or delivered personally to Developer at 221-10 Jamaica Avenue, 3rd Floor, Queens Village, New York, 11428, with a copy to Cannon Heyman & Weiss, LLP, 726 Exchange Street, Suite 500, Buffalo, New York 14210, Attention: Timmon M. Favaro; and with a copy to the Investment Member at c/o Hudson Housing Capital LLC, 630 Fifth Avenue, 28th Floor, New York, New York 10111, Attention: Joseph A. Macari and to counsel to the Investment Member at Holland & Knight LLP, 10 St. James Avenue, 12th Floor, Boston, Massachusetts 02116, Attention: Dayna M. Hutchins, Esq.; and with a copy to any mortgage holder. (ii) In the case of the City, is addressed to or delivered personally to the Executive Director Office of Strategic Planning, 65 Niagara 11 Square, Room 920 City Hall, Buffalo, New York 14202 with a required copy to the Director of Real Estate, 65 Niagara Square, Room 901 City Hall, Buffalo, New York 14202 with a copy to Assistant Corporation Counsel John Heffron at 1100 City Hall, Buffalo, New York 14202. or at such other address with respect to either party as that party may, from time to time designate in writing and forward to the other as provided in this Section. SECTION 9 - SPECIAL PROVISIONS (A) Right of Access for Testing and Investigation: Prior to Closing and upon reasonable notice to City, City shall permit Developer to enter the Property for the purposes of inspecting and testing the Property upon such terms and conditions as City shall prescribe for such purpose, and on the following further conditions: (i) Prior to Developer, its agents, consultants or contractors entering upon the Property as herein provided, Developer, its agents, consultants or contractors shall execute an access and indemnity agreement with the City and secure and deliver to City a certificate of insurance evidencing general liability, automobile, disability and worker's compensation insurance coverage naming City as an additional insured in the case of general liability and automobile liability insurance (specifying the scope of the allowed access and work objective) and as certificate holder for each type of insurance coverage. Said insurance coverage shall be maintained by Developer, its agents, consultants or contractors at their own expense, for the duration of this Agreement in an amount of not less than ONE MILLION DOLLARS ($1,000,000.00) for injuries or death sustained by any one person and not less than ONE MILLION DOLLARS ($1,000,000.00) for injuries or death sustained by two or more persons in any one accident and not less than THREE HUNDRED THOUSAND DOLLARS ($300,000.00) for property damage; to protect City, its agents and employees from any and all claims and damages for personal injuries, or death, or from damage to any property owned by City or land or property otherwise privately or publicly owned, arising from any cause resulting from or proximately caused by Developer, its agents, consultants or contractors' entrance upon the Property and/or work performed by or for Developer pursuant to this Section. (ii) Each Certificate of Insurance or policy shall contain a provision providing for thirty (30) days written notice to City of Developer's, its agents, consultants or contractors or insurance company's intention to cancel or materially change said policies. 12 (iii) Developer agrees that all testing and investigations shall be performed in a good and workmanlike manner and that Developer, its agents, consultants or contractors shall take all appropriate precautions to safeguard against injury to persons and damage to property. (iv) Developer agrees to comply with all Federal, State, County and City laws, rules and regulations that are applicable to the development of the Property. (v) Developer agrees not to commence remediation on the Property or construction of the Renovations on the Property prior to the written approval therefore by City and the conveyance of the Property at Closing, unless expressly otherwise authorized in writing by the City. (vi) Developer agrees, without limitation and at no cost to City, to defend, indemnify and hold harmless City from any and all damages, claims, suits, actions, and costs (including without limitation reasonable attorneys' fees) because of bodily injury or sickness, including death, sustained by any person or persons and from damage to or loss of property, including but not limited to the loss of use thereof, caused directly or indirectly as a result of Developer's entrance upon the Property and/or work performed by or for Developer on the Property pursuant to this Section. (vii) In the event that Developer fails to accept title to the Property pursuant to this Agreement or the Developer otherwise abandons its efforts to proceed with the development of the Property, then Developer shall promptly and at no cost to City restore the Property to its former condition prior to such test or investigation, reasonable wear and tear excepted. (B) Early Entry for Construction of Renovations to the Improvements: In the event that Developer desires to commence construction of Renovations to the improvements on the Property prior to the transfer of title of the Property to Developer, Developer shall notify City in writing of same. City shall consider the request and may in the City's sole discretion grant to Developer the right to commence such Renovations construction on the Property prior to the transfer of title of the Property upon such access and indemnity terms and conditions as City may require in a written early entry agreement to be executed by the parties, which shall at a minimum include, unless waived by the City in its sole discretion the following: 13 (i) General liability insurance coverage as required by the City (including but not limited to owners protective liability coverage in the amount of at least $1,000,000) shall be maintained by Developer , its agents, consultants or contractors at their own expense for the duration of this Agreement in an amount of not less than ONE MILLION DOLLARS ($1,000,000.00) for injuries or death sustained by any one person and not less than ONE MILLION DOLLARS ($1,000,000.00) for injuries or death sustained by two or more persons in any one accident (with an excess/umbrella liability insurance policy of at least $5,000,000) and automobile liability insurance policy of at least $1,000,000 (any vehicle) and not less than THREE HUNDRED THOUSAND DOLLARS ($300,000.00) for property damage; to protect City, their agents and employees from any and all claims and damages for personal injuries, or death, or from damage to any property owned by City or land or property otherwise privately or publicly owned, arising from any cause resulting from or proximately caused by Developer's, it's agents, consultants or contractors entrance upon and/or work performed by or for Developer pursuant to this Section of the Agreement. Each Certificate of Insurance shall contain a provision providing for thirty (30) days of written notice to City of Developer's or insurance company's intention to cancel or materially change said policies. In addition, the Developer shall provide owners protective liability insurance paid for by Developer naming the City as the named insured in the amount of at least $1,000,000. (ii) In the event that Developer fails to accept title to the Property pursuant to this Agreement or the Developer otherwise abandons its efforts to proceed with the development of the Property, then Developer shall, at no cost to City, restore the Property to its former condition and either remove any structure, or part thereof, which it constructed on the Property or reimburse City for the cost of removing said structure or part thereof. Notwithstanding the foregoing, Developer shall not be responsible for such restoration if its failure to take title or abandonment is a result of factors outside of the Developer's control. City's decision whether or not to allow early entry for construction will be informed by whether or not Developer is deemed willing and able to complete the construction and or restore the Property and whether or not security in sufficient form and dollar amount is provided by Developer in City's sole discretion. (iii) Under no circumstances shall City be obligated to complete the environmental remediation and or the construction of any Renovations to improvements and/or other improvements commenced by Developer. (iv) During the period of such remediation and or construction and or restoration prior to the transfer of title of the Property to Developer, the unilateral right to enter upon the Property is reserved to the City. 14 \9\' Notwithstanding the foregoing, City retains the right to enter upon the Property at any time prior to transfer of title of the Property to Developer. SECTION 10 - RIGHT OF ENTRY FOR UTILITY SERVICE City reserves for itself and any public utility company, as may be appropriate in City's sole discretion, the unqualified right to enter upon the Property at all times prior to transfer of title of the Property to Developer for the purpose of inspecting, reconstructing, maintaining, repairing and or servicing the public utilities located within the Property boundary lines. Notwithstanding the foregoing, City is not hereby obligated to undertake such measures. SECTION 11 - UTILITY EASEMENTS (A) Developer not to Construct Over Utility Facilities and/or Easements: Developer shall not construct any building or other structure or improvement on or over any utility facilities, or within the boundary lines of any easement for any utilities, unless such construction is provided for in such easement or has been approved by the City. (B) Developer to Grant Easements and Access: Prior to Closing, Developer and City shall agree upon all easement and access rights on the Property that City will require (or which City staff believe may be required by the owners or operators of utility facilities) after the Property is conveyed to Developer, and the parties shall use their best efforts to agree upon form agreements granting or reserving such rights. At Closing, both parties shall execute such agreements and City shall arrange for same to be recorded at Developer's expense, if deemed necessary by City and in form and substance acceptable to both parties. Prior to transfer of title of the Property to Developer, City shall have the right to unilaterally opt to create any easements reasonably deemed necessary by City reserving same in the Deed. SECTION 12 - CONSTRUCTION PHASE EMPLOYMENT (A) Construction Phase Employment: (i) The Developer shall use commercially reasonable efforts to cause its construction manager, general contractor and subcontractors to attain a minority workforce goal of 25% and a woman workforce goal of 5% for all construction personnel working on all of the construction and renovation phases of the Project. (ii) The Developer shall use commercially reasonable efforts to cause its construction manager, general contractor and subcontractors to attain a 15 minority business enterprise ("MBE") utilization goal of 25% and women business enterprise ("WBE") goal of 5% for all construction firms and engineering/architectural firms working on all of the construction and Renovation phases of the Project. (iii) The Developer shall use commercially reasonable efforts to cause its construction manager, general contractor and subcontractors to utilize a workforce for all of the construction and renovation phases of the Project that includes at least 75% local workers (meaning workers residing within 100 miles of the Project site, excluding Canada). SECTION 13 - ACCESS TO THE PROPERTY In furtherance of Section 9 (A), prior to the conveyance of the Property by City to Developer, and upon receipt by City of proper access and indemnity agreements with certificates of insurance, in form and substance acceptable to City, City shall on conditions to be prescribed by the City in the City's reasonable discretion, permit representatives of Developer to have access to any part of the Property as to which City holds title at all reasonable times for the purpose of obtaining data and making various tests concerning the Property which are, in the opinion of the City or Developer or its funding sources reasonably necessary to carry out this Agreement. City shall continue to have unfettered access to the Property at all times prior to transfer of title of the Property to Developer. SECTION 14 - BROKERS (A) Statements and Representations: The parties shall not be liable or bound by any verbal or written statements, representations, real estate brokers "set ups" or information pertaining to the Property furnished by any real estate broker, agent, employee, servant, or any other person, unless the same are specifically set forth. The parties further acknowledge that, except as specifically set forth herein, neither party nor any agent or representative of either party have made, and the parties are not liable for or bound in any manner by, any express or implied warranties, guarantees, promises, statements, inducements or representation of information pertaining to the Property. (B) Indemnification: Developer agrees to defend and indemnify City against the claims of any broker arising as a result of any negotiations had by Developer with any broker engaged on behalf of Developer in connection with this Agreement. Developer further agrees, at City's option, to provide legal counsel, representation and litigation expenses to City, at no cost to City, or to pay all actual and reasonable legal fees of an attorney of City's choosing and all other costs of litigation for any litigation that may result from any claims that may be brought by any broker against City in connection with such broker's work on behalf of the Developer concerning the transaction that is the subject of this Agreement. 16 SECTION 15 E.C.I.D.A. FINANCING: In the event Developer shall elect to obtain financing from industrial development bonds issued by the Erie County Industrial Development Agency (E.C.I.D.A.), and if required by the E.C.I.D.A., fee simple title to the Property shall be conveyed to the E.C.I.D.A., if title has not been previously conveyed to Developer, or Developer shall convey fee simple title to or a leasehold interest in the Property to E.C.I.D.A. upon the closing of its industrial revenue bond financing and or sale lease/ leaseback arrangements with the ECIDA. Notwithstanding any other provisions contained in this Agreement to the contrary, Developer and City agree that: (i) Upon written direction of Developer, City shall convey fee simple title to Property directly to the E.C.I.D.A; (ii) Notwithstanding such conveyance, Developer shall remain solely liable for all of Developer's obligations under this Agreement; and (iii) Neither the E.C.I.D.A. nor City shall be obligated to assume or perform Developer's obligations under this Agreement. SECTION 16 - PROHIBITION AGAINST ASSIGNMENT Developer shall not assign this Agreement in whole or in part to any other party, corporation, partnership or other legal entity without the prior written approval of the City, such approval to be granted or withheld in the City's sole discretion. SECTION 17 - PROJECT SIGNS Developer agrees to construct and install a minimum of one (1) project sign described as follows: (i) Name of Project (ii) City of Buffalo Honorable Byron W. Brown, Mayor Rasheed Wyatt, District Councilmember Project signs shall be weatherproof and shall be carefully maintained, until Project has been completed. Signs shall have a background of red, white and blue in three (3) equal horizontal segments. Size and number of signs shall be appropriate to the site and adequate to mark it. Signs shall not be smaller than 4' x 6' or larger than 8' x 8', except to meet special or local requirements. Developer shall submit a sample of the proposed sign to City for written approval prior to sign construction. The sign shall not be installed unless 17 City's prior written approval from the City's Executive Director of the Office of Strategic Planning, in its reasonable discretion, has been given. SECTION 18 - COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. SECTION 19 - MISCELLANEOUS (A) No member, director, officer, or employee of City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, officer, or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, director, officer, or employee of City shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Developer or successor or on any obligations under the terms of this Agreement. (B) All provisions of this Agreement shall run with the land and shall be binding upon the Property, Developer and all successors and assigns and transferees. None of the provisions of the Agreement are intended to or shall be merged by reason of any deed transferring title to the Property from City to Developer or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. (C) Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 18 SECTION 20 - CITY'S RIGHT TO TERMINATE. Notwithstanding anything in this Agreement which could be construed to the contrary, in the event the Deed for any reason whatsoever and regardless of fault has not been passed to Developer and recorded on or before June 30, 2018 , both parties independently of each other shall have the unilateral right to terminate and cancel this Agreement and the Deposit shall be returned to Developer (unless Developer is at fault), and neither Developer (or permitted assignee or transferee) nor City shall have any further rights against or liability to the other under this Agreement; provided, however, that Developer's indemnity and related obligations contained in this Agreement under Section 9 and under Section 14 hereof shall survive such termination. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK, SIGNATURE PAGES FOLLOW.] 19 IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in its name and behalf by its Mayor, and Developer has caused this Agreement to be duly executed in its name and behalf by its as of the first day above written. CITY OF BUFFALO BY: Byron W. Brown, Mayor STATE OF NEW YORK: COUNTY OF ERIE SS CITY OF BUFFALO ON THE day of , 20 , before me, the undersigned personally appeared, BYRON W. BROWN personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she (they) executed the same in his/her (their) capacity (capacities), and that by his/her (their) signature(s) on the instrument, the individual(s), or the person upon whose behalf of which the individual(s) acted, executed the instrument. Commissioner of Deeds 20 UH Lofts LLC By: UH Lofts MM LLC Its: Managing Member By: CB Emmanuel Realty, LLC Its: Managing Member BY: Name: Benathan Upshaw Title: Authorized Person STATE OF NEW YORK: COUNTY OF ERIE SS CITY OF BUFFALO : On the day of , 2016 , before me, the undersigned, a Notary Public/Commissioner of Deeds in and for said State, personally appeared Benathan Upshaw personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC/COMMISSIONER OF DEEDS 21 SCHEDULE A PROPERTY Legal description To be provided by Developer along with an ALTA survey of the Property, all at Developer's expense, to the City for the City's review, edit, comments and/or approval in City's sole but reasonable discretion and subject to requirements of the applicable title insurance company, surveyor and the laws, rules, regulations and standards that govern them. 22 SCHEDULE B ENVIRONMENTAL RELEASE AND INDEMNITY This Release and Indemnity Agreement dated this day of 2016 is given by UH Lofts LLC (hereinafter "Developer") to the City of Buffalo ("City") as a condition of the delivery and acceptance of a Land Disposition Agreement and quitclaim deed from City to Developer of real property commonly known as Former School No. 63 at 91 LISBON AVENUE in Buffalo, New York (the "Property"). I. RELEASE PROVISION: Developer covenants and agrees at its sole cost and expense, to release and save harmless City and its officers, employees, directors, agents and representatives (collectively, "City") from and against any and all damages, losses, charges, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, actions, proceedings, costs, disbursements, and/or expenses, including without limitation, all attorneys' and experts' fees, costs of investigation, monitoring, remedial response, removal, restoration or permanent acquisition of any kind whatsoever, which may now or in the future be undertaken, suffered, paid, awarded, assessed, imposed, asserted or otherwise incurred by Developer, individually or collectively, at any time resulting from or arising out of: (a) the past, present or future presence, Release or threatened Release of any Hazardous Substances, including but not limited to petroleum or any petroleum based substances, in, on, above or under the Property or migrating to parcels now or hereafter owned by Developer; (b) any personal injury, wrongful death, or property or other damages arising under any statutory, common law or tort law theory, arising out of, or related to, the remediation of the Property or parcels now or hereafter owned by Developer; (c) Developer's failure to promptly undertake and/or diligently pursue to completion all necessary, appropriate and legally authorized investigative, containment, removal, clean-up and/or other remedial actions with respect to a release or threat of release of any hazardous substance, including but not limited to petroleum or petroleum based products, on, at or from the Property or migrating off the Property to any and all other locations off-site; (d) human exposure to any hazardous substance, including but not limited to petroleum or petroleum based products, noises, noxious fumes, vibrations, or nuisances of whatever kind from any condition on the Property 23 resulting from Hazardous materials, or the ownership, use, operation, sale, transfer or conveyance thereof; (e) a violation of any applicable state or federal statute or regulation with respect to any condition now or hereafter existing on the Property; (f) any investigation, prosecution, enforcement, action, suit, request to negotiate or consent order or other action by any governmental body or office, including but not limited to the New York State Department of Environmental Conservation ("DEC") or the U.S. Environmental Protection.Agency ("EPA"); (g) any and all costs in connection with any clean-up, removal and/or investigation of environmental contamination, deposited on or into the Property or migrating therefrom, whether from on or off site, for which legal requirements mandate be cleaned up at, or removed from, the Property or any other property contaminated from the migration of hazardous material off-site. The release of City hereunder shall in no way be limited, abridged, impaired or otherwise affected by the following: (i) the release of Developer, the City or any other person from the performance or observance of this agreement by operation of law, City's voluntary acts or otherwise; (ii) the invalidity or unenforceability of any of the terms or provisions of any of the Property purchase documents and or related documents; (iii) any applicable statute of limitations; (iv) any investigation or inquiry conducted by or on behalf of the City or any other indemnitee (and or releasee) or any information which City or any other indemnitee (and or releasee) may have or obtain with respect to the environmental or ecological condition of the Property; (v) the sale, transfer or conveyance of all or part of the Property, except for any transfer of the Property (or any portion thereof) back to the City (and only if City opts affirmatively for re -vesting) under the terms of the City's Agreement with Developer, in which case Developer (and/or any of its permitted assignees or transferees) shall have no liability or obligation whatsoever to the City under this agreement; (vi) the release or discharge in whole or in part of Developer in any bankruptcy, insolvency, reorganization, arraignment, 24 readjustment, composition, liquidation or similar proceeding or; (vii) any other circumstances which might otherwise constitute a legal or equitable release or discharge, in whole or in part, of Developer. Developer, and its representatives, agents, employees, successors, predecessors and or assigns, shall be precluded now and in the future from asserting any and all claims (whether direct claims, cross-claims, third -party claims, defenses, counter -claims or other types of claims) against City, individually or collectively, including any claims under (without limitation) the Resource Conservation and Recovery Act, the Oil Pollution Act, the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act, the New York State Environmental Conservation Law, and or the New York State Navigation Law. II. REPRESENTATIONS AND WARRANTIES: City makes no representations or warranties with respect to the past, present or future presence, Release or threatened Release of any Hazardous Substances, including but not limited to petroleum or any petroleum based substances, in, on, above or under the Property, and/or migrating off the Property to any and all other locations off-site. City makes no representations or warranties as to any past, present or threatened non-compliance or violations of any Environmental Laws (or permits issued pursuant to any Environmental Law) in connection with the Property or operations thereon. III. DEFINITIONS: As used in this Agreement, the following terms shall have the following meanings: "Hazardous Substance" means, without limitation, any flammable explosives, radon, radioactive materials, asbestos, urea formaldehyde foam insulation, polychlorinated bifennels, petroleum and petroleum products, methane, hazardous materials, hazardous waste, hazardous or toxic substances and any other material defined as a hazardous substance in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq.; The Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1801 et seq,; The Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by-law, policy, guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. "Environmental Law" means any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. The term "Environmental Law" includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right- to-Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (including but not limited to Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act, the Clean Water Act; the Clean Air Act, the Toxic Substances Control Act; the Safe Drinking Water Act; the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the National Environmental Policy Act; and the River and Harbors Appropriation Act. The term "Environmental Law" also includes, but is not limited to, any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law; conditioning transfer of property upon a negative declaration or other approval of a governmental authority of the environmental condition of the property; requiring notification or disclosure of Releases of Hazardous Substances or other environmental condition of the Property to any governmental authority or other person or entity, whether or not in connection with transfer of title to or interest in property; imposing conditions or requirements in connection with permits or other authorization for lawful activity; relating to nuisance, trespass or other causes of action related to the Property; and relating to wrongful death, personal injury, or property or other damage in connection with any physical condition or use of the Property. 26 1 "Release" with respect to any Hazardous Substance includes but is not limited to any release, deposit, discharge, emission, leaking, leaching, spilling, seeping, migrating, injecting, pumping, pouring, emptying, escaping, dumping, disposing or other movement of Hazardous Substances. Release shall also have the same meaning as given to that term in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq., and the regulations promulgated thereunder and Articles 15 and 27 of the New York State Environmental Conservation Law, and the regulations promulgated thereunder. "Remediation" includes but is not limited to any response, remedial, removal, or corrective action; any activity to clean up, detoxify, decontaminate, contain or otherwise remediate any Hazardous Substance; any actions to prevent, cure or mitigate any Release of any Hazardous Substance; any action to comply with any Environmental Laws or with any permits issued pursuant thereto; any inspection, investigation, study, monitoring, assessment, audit, sampling and testing, laboratory or other analysis, or evaluation relating to any Hazardous Substances or to anything referred to herein. "Legal Action" means any claim, suit or proceeding, whether administrative or judicial in nature. "Loss or Losses" includes any losses, damages, costs, fees, expenses, claims, suits, judgments, awards, liabilities (including but not limited to strict liabilities), obligations, debts, diminution in value, fines, penalties, charges, costs of Remediation (whether or not performed voluntarily), amounts paid in settlement, foreseeable and unforeseeable consequential damages, litigation costs, attorneys' fees, engineers' fees, environmental consultants' fees, and investigation costs (including but not limited to costs for sampling, testing and analysis of soil, water, air, building materials, and other materials and substances whether solid, liquid or gas), of whatever kind or nature, and whether or not incurred in connection with any judicial or administrative proceedings, actions, claims, suits, judgments or awards to the extent recoverable at law or in equity. "Fines" or "Penalties" means any levy imposed by a governmental body or office, including but not limited to the DEC or EPA, authorized by statute or regulation, that is not, directly or indirectly, compensation for, or reimbursement of, any actual cost incurred, liability imposed, or loss sustained by said governmental body or office or any other party. It is specifically understood that "fines" or "penalties" are levies imposed as a punitive or deterrent measure and do not include any other type of loss, except as otherwise defined by statute or regulation. 27 1°� IV. THESE PROVISIONS TO RUN WITH THE LAND All of the provisions contained in this Agreement shall run with the land constituting the Property and shall be binding upon Developer and all his successors and assigns. UH Lofts LLC By: UH Lofts MM LLC Its: Managing Member By: CB Emmanuel Realty, LLC Its: Managing Member BY: Name: Benathan Upshaw Title: Authorized Person STATE OF NEW YORK: COUNTY OF ERIE SS CITY OF BUFFALO: On the day of , 2016 , before me, the undersigned, a Notary Public/Commissioner of Deeds in and for said State, personally appeared Benathan Upshaw personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC/COMMISSIONER OF DEEDS Land Disposition Agreement between the City of Buffalo UH Lofts LLC (Univ)(Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 12, 2016, be received and filed; and That the Common Council hereby approves the Land Disposition Agreement ("LDA") between the City of Buffalo and UH Lofts LLC, a New York State Limited Liability Company (the "Developer" as designated by CD Emmanuel Realty LLC and Barnes Real Estate Group) (and/or a corporation, partnership or other legal entity to be designated by the Developer and acceptable to the Executive Director of the Office of Strategic Planning) in the amount of One Hundred Fifty -Six Thousand Dollars ($156,000.00) to develop the property located at 91 Lisbon (commonly known as former School No. 63), as follows: 1. The proposed development is now planned to be a conversion into forty-four (44) residential units, comprised of one (1) and two (2) bedroom units for veterans, and moderate and low-income individuals/families. 2. Thirty-eight (38) of the 44 units shall be rented to households at 60% or less of AMI; 3 of these 38 units shall be further restricted to households at 50% or less of AMI and 6 of the 44 units shall be rented to households at 90% or less of AMI. 3. The proposed development will no longer include 3 bedroom units and will not include a community and/or commercial space for lease on the ground floor. 4. The Developer has pre-closing access rights to the property for the purpose of ground maintenance. 5. The City has agreed to sell and the Developer has agreed to purchase the said property. The Developer has agreed to develop the property in accordance with the provisions of the Land Disposition Agreement ("LDA"). The Common Council hereby authorizes the Mayor to execute the LDA (and all related closing documents including, but not limited to the deed) to be negotiated to finalization where appropriate by the Corporation Counsel's Office; and that the Common Council hereby authorizes the Mayor and other pertinent City personnel to take all such steps and actions and to execute and/or develop, negotiate and process the necessary documents, agreements and/or modifications thereto as shall be reasonably necessary to facilitate and implement the terms and provisions of the LDA, as are determined appropriate by the Corporation Counsel; and that the Common Council hereby directs the Corporation Counsel and other appropriate City personnel to negotiate to finalization said LDA and any ancillary agreements and other necessary documentation wherever necessary for the execution and actual implementation of the above tasks and objectives. PASSED AYES — 9 NOES — 0 T:\wp60URP\COUNCII.\2016 Meetings\7-19-16 meeting\Land Disposition Agreement -9I Lisbon.docx *AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * _. * * * * GOLOMBEK * * * _ * * * PRIDGEN * * * _ * * * • RIVERA * * * _ * * * SCANLON * ** * * * • WINGO * * * _ *• * * WYATT * ** * * •* [ ] * _ * [ MAJ - 5 ] l * 0 [ 2/3 - 6 ] * * * [3/4 - 7] • City Clerk's Department BUFFALO July 22, 2016 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1704 PASSED July 19, 2016 Strat Plan-Auth Execution and Deliver a Signed Lease Agmt Btwn COB & Broadway Market Vendors for Purpose of Doing Business APPROVED JUL 2 8 2016 MAYOR Gerald.A Chwalinski City Clerk COMMUNICATION TO THE COMMON COUNCIL Q1 O4 TO: THE COMMON COUNCIL: DATE: July 14, 2016 FROM: DEPARTMENT: Office of Strategic Planning SUBJECT: Authorizing the Mayor of the City of Buffalo, or a designated member of his staff or the Mayor's Office of Strategic Planning staff, to execute and deliver a signed lease agreement between the City of Buffalo and the following Broadway Market vendors for the purpose of doing business in the Broadway Market. The mission of the Broadway Market is to provide a venue where local farmers, merchants, crafters and artisans come together to provide a variety of locally made products directly to the community. The Broadway Market's environment promotes a greater sense of community, fosters local business development, educates about the importance of buying local, and encourages social gathering. The City of Buffalo seeks to implement leases through the Mayor's Office of Strategic Planning to promote stability in the market, have indemnifications and insurances for the City effectuated, and establish an income stream necessary for the on-going growth and maintenance of the Broadway Market. The following Broadway Market vendor leases are contained in Attachment A: Vendors who have been at the Broadway Market for more than one year: Broadway Seafood, Meats & Poultry — two year lease Everything Very African & More EZ Casual — two year lease Grape Country Soaps — month to month Hands on Watch Repair — month to month lease Lewiston Jellies — two year lease Potts Deli — two year lease Simpson & Associates — two year lease TcMcCann of Handmade Jewelry New Vendors: FreshFix — Assembly of FreshFix boxes containing fresh fruit & vegetables for CSAs (Community Supported Agriculture shares) The Office of Strategic Planning is requesting that Your Honorable Body: Authorize the Mayor of the City, or a designated member of his staff or the Mayor's Office of Strategic Planning Real Estate Division, to execute and deliver these leases and any other related documents and authorize the Mayor and other pertinent City personnel to take all steps and actions to work together in the spirit of coope at.on and open communications, consistent with law, with the primary goal of meetingth deeds •f t e City of Buffalo and the Broadway Market's small businesses in the City puff. to SIGNATURE: DEPARTMENT HEAD NAME: Christie Nelson TITLE: Director of Real Estate, Mayor's Office of Strategic Planning BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901City Hall, Buffalo, New York 14202 ("Landlord") and Broadway Market Seafood and Broadway Market Meats, Poultry and Seafood, with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Term Size of Premises Base Rent Rent Permitted Use Governmental Authority CAM Floor Space Number 104 & 106 in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. As of July 1, 2016 ("Commencement Date") continuing through June 30, 2018. Deemed to be 640 rentable square feet on market floor and 340 rentable square feet for storage area. As set forth in Exhibit B attached hereto and made a part thereof. Collectively, all Base Rent and Additional Rent. Sale of Seafood and Seafood related dry good i.e. spices in Stand 104 and Meats and Poultry in Stand 106. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. The United States, the State of New York and any political subdivision thereof or any local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. 1 A�cacha.� --\coo 11`Dti Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $ 874.25 plus monthly electric and common area charge in advance on the first day of each calendar month included in the Term. Please note: Stand 104 and Stand 106 will be invoiced separately, see Exhibits B Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1/30th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, 2 reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $69.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord' s sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant' s operations, including, without limitation, telephone, interne, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant' s sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant' s trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. ARTICLE 7 Tenant's Additional Covenants 3 Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant' s use or occupancy of the Premises or the conduct or operation of Tenant' s business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen' s compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured' s general liability 4 policy in connection with liability and damages arising out of the named insured' s business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (0 Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant' s expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such further time a Tenant occupies the Premises or any part thereof: 5 (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. 6 ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or 7 ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a 8 lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $_0.00 (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and 9 any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: CITY OF BUFFALO By: Steven SungKeun Lee By: 999 Broadway Its: Buffalo, New York 14212 (716) 893-1050 GUARANTEE (If Required) The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 RULES AND REGULATIONS OF THE BROADWAY MARKET 1. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours unless other arrangements have been made with Broadway Market Management Office. Broadway Seafood & Broadway Meats, Poultry & Seafood hours are same as listed above. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a perniit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. 11. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 11 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or penuit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 12 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any 13 scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 EXHIBIT A BROADWAY MARKET FLOOR PLAN .011111,611111.111, gll 41 4'1 0 EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN BROADWAY SEAFOOD Base Rent 20x12 Base Rent 9x12 Storage/Wholesale Coolers/Storage/Case Rental BASE RENT CAM TOTAL CAM TOTAL LEASE 2016-2018 Sq. Ft. $/Sq. Ft. Year 1 Monthly 240 $ 13.75 $ 3,300.00 $275.00 180 $ 8.25 $ 1,485.00 $123.75 240 $ 6.88 $ 1,650.00 I $137.50 $600.00 $50.00 Plus Monthly Electric Charges $ 7,035.00 $586.25 I$ 588.00 $ 49.00 1 $ 588.00 J $49.00 I$ 7,623.00 $635.25 EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN 2016-2018 BROADWAY MEATS, POULTRY & SEAFOOD Sq. Ft. $/Sq. Ft. Year 1 Monthly Base Rent 220 $13.00 $ 2,860.00 $238.00 Storage Area 100 $6.00 $ 600.00 $50.00 BASE $3,460.00 $288.00 RENT TOTAL $240,00 $20.00 CAM TOTAL $3,700.00 $308.00 LEASE Plus Monthly Electric Charges i EXHIBIT C (Product Line) A. The Tenant's main product category shall be: X BUTCHER STAND: a stand in which meatpoultry and sometimes fish are sold. X POULTRY STAND: a stand selling domestic fowis (hens, turkey, ducks and geese). X FISH STAND: astand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetabies. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAF: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o ,t5ERV|CES:astandsaUingservices,usuoUyofaprofessimna|orskil|ednature. B. The Tenant may also sell such additional products as listed below: BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BU141-(ALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and _Eva Jeter — Everything Very African & More_, with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 18 in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of July 1, 2016 ("Commencement Date") continuing on a month to month basis thereafter. Size of Premises Deemed to be 200 rentable square feet on market floor and 50 rentable square feet of storage. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Sale of African and American clothing and accessories. Tenant' s use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord' s sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $ 286.00 plus common area charges and monthly electric in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1130th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section. 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein. contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. 2 Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $21 .00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of B ase Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant's operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord' s sole discretion to be in the best interest of the Market. ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant' s use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, 4 Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured's general liability policy in connection with liability and damages arising out of the named insured's business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant's expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such 5 further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each • instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. 6 ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise 7 permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the. Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. 8 Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $__0.00 (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and 9 inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest ,due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: CITY OF BUFFALO By: Eva Jeter By: 46 Orange Street Its: Buffalo, New York 14204 716-713-0847 GUARANTEE (If Required) The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all Willis and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. - 5:00 p.m. Friday 8:00 a.m. - 5:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market Hours unless other arrangements have been made with Market Management. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 11 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 12 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing 13 whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 Attachment A BROADWAY R4ARKET FLOOR PLAN EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN 2016-2018 EVERYTHING VERY AFRICAN & MORE Sq. Ft. $/Sq. Ft. Yearly Monthly Retail Stand # 1 200 $ 13.75 $ 2,748.00 $229.00 Retail Stand #2 50 $ 6.90 $ 684.00 $57.00 Cooler/Storage/ $0.00 $0.00 Case Rental Outside BASE RENT CAM (Retail) CAM (Storage) TOTAL CAM Monthly Electric TOTAL LEASE $ 3,432.00 $286.00 $ 240.00 $ 21.00 $0.00 $0.00 240.00 $21.00 $12.00 $ 3,672.00 $323.00 EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. > MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: "a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. o OTHER: B. The Tenant may also sell such additional products as listed below: BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and E -Z Casual c/o Muhammad Sadruzzaman with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 10 in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of July 1, 2016 ("Commencement Date") continuing through June 30, 2018. Size of Premises Deemed to be _210 rentable square feet on market floor. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Sale of sneakers, shoes, socks, incense, some clothing, rugs and additional small non - edible items. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the.Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $ 240.00 plus common area charges and monthly electric in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1130th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $ 17.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant's operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner teimination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the TeLni: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000 per occurrence, which insurance shall name Landlord,,its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen' s compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, teinuination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore: The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York A 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured' s general liability policy in connection with liability and damages arising out of the named insured' s business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord' s agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall pennit to remain without molestation. (h) To pay on demand Landlord' s expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant' s expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times.during the Term and such further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise peiniit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's 'written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining immediately prior to the installation of the removed signs, lettering or inscription. ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant' s assets located In the Premises or of Tenant' s interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainderofthe Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker' s commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $0.00 (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: CITY OF BUFFALO By: Muhammed Sadruzzaman By: 419 Sweet Street Its: Buffalo, New York 14211 (716) GUARANTEE (If Required) The undersigned, a principal and or an affiliate of the Tenant described in the within. Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. - 5:00 p.m. Friday 8:00 a.m. - 5:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours. 2. Except by written permission, no Tenant or other person will be permitted in the market until two. hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 11 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 1s EXHIBIT A EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN E -Z CASUALS Base Rent BASE RENT CAM ELECTRIC TOTAL LEASE Sq. Ft. 210 $ $/Sq. Ft. 13.75 $ $ 2016-2018 Yearly Monthly 2,887.00 $ 240.00 2,887.00 $ 240.00 $ 204.00 $ 17.00 $ 240.00 $ 20.00 3,331.00 $ 277.00 EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand•selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. ➢ OTHER: Sale of footwear, socks, hats, incense, rugs and small non -edible items. B. The Tenant may also sell such additional products as listed below: BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of June 1, 2016 between TRE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Joshua Bowen, dba FreshFix, Inc., with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 59 A & B in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of June 1, 2016 ("Commencement Date") continuing on a month to month basis thereafter. Size of Premises Deemed to be 200 rentable square feet. Base Rent Rent Permitted Use As set forth in Exhibit B attached hereto and made a part thereof. Collectively, all Base Rent and Additional Rent. Assembly of FreshFix home delivery boxes containing fresh produce & vegetables. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $ 150.00 in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1130th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $ 7.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant's operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant' s contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant' s use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and. flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured' s general liability policy in connection with liability and damages arising out of the named insured's business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant' s expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to. pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant' s assets located In the Premises or of Tenant' s interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant' s interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is teiuiinated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or, otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker' s commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved, (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return, receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $ (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord 4 default or to reiniburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same Shall be restored to its original amount (b) Tenant hereby grants to Landlord a security. interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rem and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of Snell fixtures and inventory; and Tenant shall on request furnish to Landlord an iterniedlist of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment Whieli may, in the reasonable judgment of Landlord, be required 'tinder law to perfect the 'security interest of Landlord and shall pay to Landlord all costs and taxes for recording such: fit-la:tieing :statement Upon any default by Tenant .under this Lease, Landlord .may foreclose on the security interest elVated _41144 ;$01-iscgtion• Wpm any such foreclosure, if Lgxllot4 elects to conduct -4 private sale? ofthe C011ateratA0n, LiAlord: may (but shall be under no obligatien,t0).purehase Tenant's interest in the: eollateralized fixtures and inventory for an amount :equal to the original cost of sueb 'fixtUreS and inventory, leas :accumulateddepreciation thereon from the date of installation (computed by the double dee:lining balance method of depreciation over a life 'bused , upon applicable IRS Cntiddiiti,es), and less any principal balance and hitereSt ..due by Tenant' to the holder Of any prioi':-Iien,upon such fixtures and inventory.. • „ , Section 10.6 Landlord's Right. to Assign. Landlord shall have the unilateral right to, assign this Lease and or rents due hereunder at any tune In part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in, Landlord's sole discretion shall determine appropriate. , IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease .as of the day and year first above written. TENANT: LANDLORD: y: Joshua Bowen By (Printed Name) Address::425 Iliehmond Menne Buffalo, New York 14222 Phone; (71-6)218A668. GUARANTEE (If Required) CITY OF BUFFALO The undersigned, a principal and or an affiliate of the Tenant deSeribed in the 'Within. Lease, individually if one (and or jointly and severally if more than obe) guarantee The faithful performance of all terms ,and eonditions, including but not limited to the payment of rent by Tunarir under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a Material inducement to Landlord in entering into this Lease. 10 • RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. - 5:00 p.m. Friday 8:00 a.m. - 5:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours unless arrangements have been made with Market Management for specific days and hours. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perfoith any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 1 1 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries 1•1 after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations or assaults in the market or on market grounds this includes threats to vendors, employees, customers or other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. BROADWAY MAR ET :FLOOR PLAN EXHIBIT B BROADWAY MARKET RENT BREAKDOWN FreshFix Sq. Ft. Base Rent Production 200 $/Sq. Ft. Monthly Yearly 2016 $6.00 $100.00 $ 1,200.00 BASE RENT Cooler Rental na na Common Area Charge TOTAL LEASE Plus Monthly Electric if applicable $ 1,200.00 $50.00 $ 600.00 $7.00 $ . 84.00 $157.00 $ 1,884.00 EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAF: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand Selling handcrafted (non-mass produced) items. o SERVICES: a stand selling Services, 'usually of a professional or skilled nature. )> OTHER: Assembly of freSh produce & vegetable boxes for home delivery. B. The Tenant may also sell such additional products as listed, below: BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Grane Country Soaus „ with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 40 l/ I & J in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of July 1, 2016 ("Commencement Date") continuing on a month to month basis thereafter. Size of Premises Deemed to be 150 square feet on market floor rentable square feet. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Handmade soaps, towels and wash cloths. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $162.50 in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1130th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. 2 Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $11 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord.. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant' s operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional .Covenants Section 6.1 Repairs. Tenant, at Tenant' s sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. ARTICLE 7 3 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including but not limited to attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant' s business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen' s compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of 4 insurance shall state "The City of Buffalo is named as an additional insured on the named insured's general liability policy in connection with liability and damages arising out of the named insured's business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant's expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such further time a Tenant occupies the Premises or any part thereof: 5 (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written, approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. 6 ARTICLE 8 Reserved.. ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant' s assets located In the Premises or of Tenant' s interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant' s interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may teiiiiinate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or 7 ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker' s commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a 8 lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations; representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $ NA (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and 9 any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: By: Laura Harford Tenant Address: 2550 Chapin Road Silver Creek, New York 14136 Contact Phone Number: 716-785-4776 GUARANTEE (If Required) CITY OF BUFFALO By: Its: The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours unless tenant is a Saturday only vendor. Grape Country Soap's hours: Saturdays 8:00 am — 5:00 pm plus holiday festivals. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall 11 into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries 12 after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the•front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 13 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 EXHIBIT A BROADWAYMARKET FLOOR PLAN EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN 2016-2018 GRAPE COUNTRY SOAPS Sq. Ft. $ISq. Ft. Yearly Monthly Retail Stand 150 $ 13.00 $ 1,950.00 $162.50 BASE 1,950.00 $162.50 RENT CAM 132.00 $ 11.00 (Retail) CAM (Storage) TOTAL 2,082.00 $173.50 LEASE Plus Monthly Electric when applicable EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving -food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selting services, usually of a professional or skilled nature. o OTHER: B. The Tenant may also sell such additional products as 4ted below: BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Hands on Watch Repair do William Young_, with a principal place of business at 999 Broadway, Buffalo NY ("Tenant") ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number _3in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of July 1, 2016 ("Commencement Date") and continuing on a month to month basis. Size of Premises Deemed to be 210 rentable square feet on market floor. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Sale and repair of watches and clocks and sale of related accessories. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terns, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $ 315.00 plus common area charges and monthly electric in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1/30th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. 2 Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $ 22.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the. Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant's operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen' s compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, tei ination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state 4 "The City of Buffalo is named as an additional insured on the named insured' s general liability policy in connection with liability and damages arising out of the named insured's business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (0 Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant's expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such further time a Tenant occupies the Premises or any part thereof: 5 . (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. 6 ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at• its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or 7 ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein. contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a 8 lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, perfoiinance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $_0.00 (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and 9 any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: CITY OF BUFFALO By: William Q. Young By: 999 Broadway Its: Buffalo, New York 14212 (716) 894-3266 GUARANTEE (If Required) The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1 The market shall be open for the normal conduct of business as follows: Monday - Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours unless other arrangements have been made with Broadway Market Management. Hands on Watch Repair hours: Tuesday through Saturday 9:00 am - 4:00 pm 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to' refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after; Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 11 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it peiiiiissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it peimissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas .is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 12 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing 13 whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 EXHIBIT A BROADWAY MARKET :FLOOR PLAN EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN 2016-2018 HANDS ON WATCH REPAIR Sq. Ft. $/Sq. Ft. Yearly Monthly Base Rent 210 $ 13.75 $ 2,887.00 $ 240.00 $ 900.00 $ 75.00 Storage/Wholesale Rent BASE RENT CAM (Retail) CAM (Storage) TOTAL CAM TOTAL LEASE Plus Monthly Electric $ 3,787.00 $ 315.00 $ 265.00 $ 22.00 $0.00 $ $ 265.00 $ 22.00 $ 4,052.00 $ 337.00 EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional dr skilled nature. > OTHER: Sale and repair of watches and clocks, sale of related accessories. 1 B. The Tenant may also sell such additional products as listed below: BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Lewiston Jams & Jellies , with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 45, 57 D in the building locallyknown as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of July 1, 2016 ("Commencement Date") continuing through June 30, 2018. Size of Premises Deemed to be 100 rentable square feet on market floor and 318 rentable square feet for storage/production area. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Production, storage and sale of jams, jellies & syrups. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the teiins, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use, ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $292.00 plus monthly electric and common area charges in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1130th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $20.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant's operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord ver meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant' s sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Tenn. None of the foregoing shall be deemed to include Tenant' s trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. ARTICLE 7 Tenant' s Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Teen: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured' s general liability policy in connection with liability and damages arising out of the named insured' s business operations at the Broadway Market, 999 Broadway, Buffalo, New York. 4 (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant's expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To confouu to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any 5 objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to pelinit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant' s assets located In the Premises or of Tenant' s interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant' s assets located in the Premises or of Tenant' s interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without teimination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. Reserved. No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such tenn, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord 8 may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $ na (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this 9 Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: Date: By: James Malley Address for billing purposes: 999 Broadway Buffalo, New York 14212 716-225-9721 GUARANTEE (If Required) LANDLORD: CITY OF BUFFALO By: Its: The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from _ the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. - 5:00 p.m. Friday 8:00 a.m. - 5:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours, unless other arrangements have been made with Market Management. Lewiston Jellies: retail -Saturdays and all festivals, production hours as needed. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times.. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be pen fitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 11 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times.. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a 12 delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 13 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1 — WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2— INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3— SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4— FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 EXHIBIT A, EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN 2016-2018 LEWISTON JELLIES Sq. Ft $/Sq. Ft. Yearly Monthly Base Rent 100$13.00 $ 1,300.00 $ 108.00 Storage/Production 318 $6.00 $ 1,908.00 $ 159.00 Arai Storage Area $ 300.00 $ 25.00 BASE RENT $ 3,508.00 $ 292.00 CAM _ $ 245.00 $ 20.00 ELECTRIC $ 312.00 $ 26.00 TOTAL $ 4,065.00 $ 338.00 LEASE EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o. RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. )=. OTHER: Production & sale of jams & jellies. B. The Tenant may also sell such additional products as listed below: BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Potts Deli and Grill, c/o Dan Potts, with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 89 in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of July 1, 2016 ("Commencement Date") continuing through June 30, 2018. Size of Premises Deemed to be 280 rentable square feet on market floor and 219 rentable square feet for storage area. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. . Rent Collectively, all Base Rent and Additional Rent. Permitted Use Sale of breakfast and lunch entrees (soups, perogi, sandwiches, desserts, coffee, tea, soda etc.). Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. 1 Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges, and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $ 413.00 plus common area charges and monthly electric in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1130th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $ 29.00 in advance on the first day of each calendar month included in the Tenn. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of B ase Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant' s operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant' s sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6,1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord' s sole discretion to be in the best interest of the Market. 1 ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant' s use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen' s compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, 4 Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured's general liability policy in connection with liability and damages arising out of the named insured's business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant's expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such 5 further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. 6 ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant' s interest in this Lease. Tenant: Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise 7 permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. 8 Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord' s agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $__0.00 (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and 9 inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: Dan Potts 999 Broadway Buffalo, New York 14212 716-949-3487 By: GUARANTEE (If Required) LANDLORD: CITY OF BUFFALO By: Its: The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. - 5:00 p.m. Friday 8:00 a.m. - 5:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market Hours unless other arrangements have been made with Market Management. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 11 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market., 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 12 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures; or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be peiniitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales • and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a S100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 Attach inerit A BROADWAY MARKET:I:FLOOR:PLAN EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN 2016-2018 POTTS DELI Sq. Ft. $/Sq. Ft. Year 1 Monthly Base Rent 280 $ 13.00 $ 3,640.00 $ 303.00 Restaurant Area Storage/Wholesale 219 $ 6.00 $ 1,314.00 $ 110.00 Rent BASE $ 4,954.00 $ 413.00 RENT CAM TOTAL CAM TOTAL LEASE Plus Monthly Electric $ 347.00 $ 29.00 $ 347.00 $ 29.00 $.5,301.00 $ 442.00. EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND i a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. o OTHER: B. The Tenant may also sell such additional products as listed below: BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Simpson & Associates with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 20 in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of July 1, 2016 ("Commencement Date") continuing through June 30, 2018. Size of Premises Deemed to be 230 rentable square feet on market floor. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Tax Service Office. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $ 309.00 plus common area charges and monthly electric in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1130th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. 2 Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $ 20.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant's operations, including, without limitation, telephone, internet, cable and or gas,and shall pay all charges relating to the same. Electric to be billed monthly bv, Landlord ver meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a foil," and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of 4 insurance shall state "The City of Buffalo is named as an additional insured on the named insured's general liability policy in connection with liability and damages arising out of the named insured's business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other temiination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant' s expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord' s sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such further time a Tenant occupies the Premises or any part thereof: 5 (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to peimit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the. removed signs, lettering or inscription. 6 ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant' s assets located In the Premises or of Tenant' s interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant' s assets located in the Premises or of Tenant' s interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise peunitted at law or equity, Landlord may bring an action or proceeding for summary possession or 7 ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to teiminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such tenni, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a 8 lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $0.00 (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and 9 any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: CITY OF BUFFALO By: Sandra Simpson By: Simpson & Associates Its: 999 Broadway Buffalo, New York 14212 716-892-1329 GUARANTEE (If Required) The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. - 5:00 p.m. Friday 8:00 a.m. - 6:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours. Any non-compliance as to these hours of operation may cause for daily fines of $100.00 per day. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a peiniit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. 11 III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinlding or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or peimit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it pellnissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. 12 Loading docks are not to be occupied by Tenants except to deliver and receive products. 2, All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are pennitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perfonn a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premisesand to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 Attachment A BROADWAY R4ARKET FLOOR PLAN 104 't03. • 110 ..• ;10041...ir BR ADWAY EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN 2016-2018 SIMPSON AND ASSOCIATES Sq. Ft. $/Sq. Ft. (Yearly Monthly 230 $ 13.75 I $ 3,162.00 $ 263.00 0 Of $ 552.00 $ 46.00 $ 3,714.00 $ 309.00 Base Rent Storage BASE RENT COMMON AREA CHARGE COMMON AREA STORAGE UTILITY SURCHARGE TOTAL LEASE $ 240.00 $ 20.00 $ 84.00 $ 7:00 $ 216.00 $ 18.00 $ 4,254.00 $ 354.00 EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. OTHER: Tax Services B. The Tenant may also sell such additional products as listed below: BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and TcMcCann of Handmade Jewelry c/o Tara Crenshaw -McCann, with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number _40 in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of July 1, 2016 ("Commencement Date") continuing through June 30, 2018. Size of Premises Deemed to be 100 rentable square feet on market floor. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Sale of handmade jewelry. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Peimitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the • Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $ 108.00 plus common area charges and monthly electric in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1130th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. 2 Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $ 8.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant's operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord ver meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen' s compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of 4 insurance shall state "The City of Buffalo is named as an additional insured on the named insured's general liability policy in connection with liability and damages arising out of the named insured' s business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Tenn, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant's expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Tei in and such further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of.a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant' s assets located In the Premises or of Tenant' s interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant' s assets located in the Premises or of Tenant' s interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or 7 ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with. the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker' s commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a 8 lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord' s right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord' s agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $__0.00 (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and 9 any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less. accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: CITY OF BUFFALO By: Tara Crenshaw -McCann 148 Lasalle Avenue By: Buffalo, New York 14214 Its: 716-768-4241 GUARANTEE (If Required) The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1 The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. - 5:00 p.m. Friday 8:00 a.m. - 5:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market Hours unless other arrangements have been made with Market Management. TC McCann of Handmade Jewelry is open Saturdays and daily during market festivals. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. 11 III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and. subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. 12 Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market'at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use 13 the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 Affachmeiir A BROA WAYMARKET FLOOR PLAN 1 EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN 2016-2018 TcMcCann of Handmade Jewelry Sq. Ft. $/Sq. Ft. Year 1 Monthly Retail Stand 100 $ 13.00. $ 1,300.00 $108.00 Storage/Wholesale na na Stand #1 I Cooler/Storage/ na na Case Rental Outside Cooler BASE RENT CAM (Retail) CAM (Storage) TOTAL CAM TOTAL LEASE Plus Monthly Electric if applicable $ 1,300.00 $108.00 $ 91.00 $ 8.00 na na $ 91.00 $8.00 $ 1,391.00 $116.00 EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. > ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. • o SERVICES: a stand selling services,. usually, of a professional or skilled nature. o OTHER: B. The Tenant may also sell such additional products as listed below: Authorization to Execute and Deliver Signed Agreement between the City of Buffalo and Broadway Market Vendors for the Purpose of Doing Business in the Broadway Market (Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 14, 2016, be received and filed; That the Common Council hereby authorizes the Mayor, or a designated member of his staff or the Mayor's Office of Strategic Planning, Division of Real Estate, to execute and deliver leases and any other related documents for the following vendors: • Broadway Seafood, Meats & Poultry — two year lease • Everything Very African & More • E -Z Casual — two year lease • Grape Country Soaps — month to month lease • Hands on Watch Repair — month to month lease • Lewiston Jellies — two year lease • Potts Deli — two year lease • Simpson & Associates — two year lease • TcMcCanri of Handmade Jewelry • FreshFix — assembly of FreshFix boxes containing fresh fruit and vegetables for Community Support Agricultures shares. That the Common Council hereby authorizes the Mayor, or a designated member of his staff or the Mayor's Office of Strategic Planning Division of Real Estate, to execute and deliver these leases and any other related documents; and that the Common Council hereby authorizes the Mayor and other pertinent City personnel to take all steps and actions to work together in the spirit of cooperation and open communication, consistent with law, with the primary goal of meeting the needs of the City of Buffalo and the Broadway Market's small businesses in the City of Buffalo. PASSED AYES — 9 NOES — 0 C:\Users\1rucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Execute Agreement -COB and Broadway Market.docx \') *AYE* NO * FEROLETO * * * * * * FONTANA * * ' * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * * SCANLON * ** * * * WINGO * * * * WYATT * ** * * * [ ] [MAJ- 5] [2/3 - 6] [3/4 - 7] 0 * * * City Clerk's Department BUFFALO July 22,2016 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1705 PASSED July 19, 2016 Strat Plan -Lofts at University Heights PILOT project Gerald A Chwalinski City Clerk APPROVED JUL 2 8 2016 # 1 (Rev. 2/01) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: July 14, 2016 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: General Office SUBJECT: Lofts at University Heights PILOT Project PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. , C.C.P. TEXT: (TYPE SINGLE SPACE BELOW). Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie and CB -Emmanuel Realty and the Barnes Real Estate Group. 0 7 0 CB -Emmanuel Realty and the Barnes Real Estate Group propose the rehabilitation and adaptive reuse of the vacant and National Register -eligible former School #63, creating 44 mixed -income workforce rental apartments. The building is located at 91 Lisbon Avenue within the University Heights District of the City of Buffalo, approximately 0.3 miles from the NFTA Metro Rail LaSalle Station, approximately 0.8 miles from the VA Medical Center, walking distance to the University of Buffalo South Campus, and close to services and amenities. County PILOT A requires at least 60% of the units be affordable to persons earning no greater than 60% of the area median income adjusted for family size. The Lofts at University Heights provides 84.4% of its units to persons earning no greater than 60% AMI. The total development cost is projected to be $16,5 million. The amount of the PILOT payments was calculated based upon the City's PILOT policy that provides for payments in the amount of Five percent (5%) of the total income of proposed budget, assuming a five percent (5%) vacancy. Payments will increase by three percent (3%) per year for the duration of the 15 -year Pilot. TYPE DEPARTMENT HEAD NAME: Brendan R. Mehaffy TYPE TITLE: Executive Director, Office of Strategic P anning SIGNATURE OF DEPARTMENT HEAD: AGREEMENT FOR PAYMENTS IN LIEU OF TAXES THIS AGREEMENT for payments in lieu of taxes is made as of the day of 2016 (the "PILOT Agreement"), by and among the CITY OF BUFFALO, a municipal corporation organized and existing under the laws of the State of New York, having its principal office at 65 Niagara Square, 920 City Hall, Buffalo, New York 14202 (the "City"), the COUNTY OF ERIE a municipal corporation organized and existing under the laws of the State of New York, having its principal office at c/o Erie County Department of Finance, 95 Franklin Street, Buffalo, New York 14202 (the "County"), CB -Emmanuel Realty, LLC Real Estate Group with offices at 22110 Jamaica Ave, Queens Village, NY 11428, (the "Taxpayer" and "Company") and Barnes Real Estate Group with offices at 29 Frankfort Ave, Buffalo, New York, 14211(the "Taxpayer" and "Company"). WITNESSETH: WHEREAS, This project involves the proposed rehabilitation and adaptive reuse of the vacant and National Register -eligible former School #63, creating 44 mixed -income workforce rental apartments. The building is located at 91 Lisbon Avenue within the University Heights District of the City of Buffalo, approximately 0.3 miles from the NFTA Metro Rail LaSalle Station, approximately 0.8 miles from the VA Medical Center. Lofts at the University Heights will partner with CB -Emmanuel Realty and the Barnes Real Estate Group to develop the Lofts, ("Project"), located on the tracts of land listed in Exhibit A, in the City of Buffalo, County of Erie and State of New York ("Land"); and WHEREAS, the development of the Project is of vital public interest to the City and the County; and WHEREAS, the development of the Project is intended to be affordable to low income households, and affordability of the property for residential use by low income persons shall remain consistent throughout the duration of the PILOT Agreement; and WHEREAS, the City and the County wish to grant the Taxpayer and the Company such relief as permitted under Section 577 of the PHFL. NOW, THEREFORE, in consideration of the covenants and agreements contained in this PILOT Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. Tax Exemption. The parties agree that Taxpayer qualifies for real property tax exemption for the Project in accordance with the provisions of Article 11 of the PHFL. Page No. 1 Lofts at University Heights 2. Oblieation of the Taxpayer to Make Payments in Lieu of Taxes. The City and County require, and the Taxpayer shall, make payments in lieu of real property taxes to the appropriate taxing authorities pursuant to the real estate tax policies of the City and County, subject to the terms of this PILOT Agreement. 3. Requirements of Taxpayer. a. The development of the Project shall be carried out in accordance with the provisions of Article 11 of the PHFL and in compliance with the reasonable requirements of the Planning Board of the City of Buffalo. b. The PILOT Agreement period is to commence on the Commencement Date, as hereinafter defined, and be concurrent with the Project's use as affordable housing and for so long as a municipality aided, state aided and/or federally aided mortgage is outstanding on the Project, but shall not exceed fifteen (15) years. c. The Taxpayer shall provide the City and County such information concerning its operations and the operations of the Project in form and substance as may from time to time be reasonably requested. Such information shall include, but shall not be limited to, the annual financial statements of the Taxpayer from the calendar year immediately preceding the fiscal year in which payments are due. d. The Taxpayer shall permit the Comptroller of the City and County to audit its books and records within fourteen (14) days after receiving a written request from the City or County. e. Transfer of legal title to the Land and improvements comprising the Project will not be allowed during the term of this PILOT Agreement without the prior written consent of the City or County. f. The Taxpayer shall utilize City services for the Project at rates comparable for similar properties. 4. Taxing Authorities and Amounts. a. Upon commencement of the City's next taxable status date following substantial completion of the Project described herein as evidenced by receipt of a Certificate of Occupancy (the "Commencement Date"), the Taxpayer shall make annual payments in lieu of local and municipal real estate taxes, including school taxes but not including assessments for local improvements and special assessments on the Land and improvements constituting the Project as follows: Page No. 2 Lofts at University Heights i) the Taxpayer will make a fixed annual PILOT payment in the amounts as stated in Schedule A, attached hereto and made a part hereof, in satisfaction of all real property taxes; ii) Twenty-five percent (25%) of the total PILOT payment made each fiscal year will be due to the County, and forwarded directly thereto; iii) the remaining portion of the PILOT payment shall be allocated and/or distributed as the City of Buffalo sees fit between the various entities currently assessing taxes against the Project, except the Taxpayer will be responsible for paying all special district assessments and other assessments for local improvements permitted by law; iv) at the expiration of the fifteen (15) year period, this PILOT Agreement will cease to have any effect on the taxes due with respect to the property and the property will be taxed in accordance with applicable law. b. Each of the foregoing payments shall be made on or before the date that the particular tax payment would have been due to the City or the County. c. The accountant for the Taxpayer shall prepare all documents and forms required under this PILOT Agreement. 5. Defaults in Payment in Lieu of Taxes. In the event the Taxpayer fails to make any payment in lieu of real property taxes when due, the amount or amounts not so paid shall be a lien on the Project in the same manner that delinquent real property taxes would be and continue as an obligation to the Taxpayer until fully paid. In addition, the Taxpayer shall pay the appropriate taxing authority's or authorities' interest and penalties on the unpaid amount or amounts accruing at the same times and at the interest rates as if such amounts were delinquent real property taxes. In addition to any other remedies available to them for the collection of delinquent real property taxes, including, without limitation, in rem proceedings, the City and County may exercise any other remedies available, and such remedies shall be cumulative and the exercise of any remedy shall not be an action of remedies under law. 6. Effect of Fulfillment of the Requirement. Once having paid the amounts required by this PILOT Agreement when due, the Taxpayer shall not be required to pay any real property taxes for which such payments in lieu of taxes have been made, except special district assessments and other special assessments for local improvements permitted by law. 7. Events of Default and Termination of Tax Exemption,. a. An event of default ("Event of Default") shall be defined as (1) failure of the Taxpayer to make any payment required under the PILOT Agreement when due, (2) the Taxpayer's failure to provide any notice as required by this PILOT Agreement to the City or the County, (3) Taxpayer's failure to qualify, or continue to qualify, for a real property tax exemption for the Project in accordance with Article 11 of the PHFL, (4) failure of Taxpayer to Page No. 3 Lofts at University Heights provide any of the information required by Section 3(c) or 3(d) of this PILOT Agreement, or (5) the transfer of title or beneficial ownership of any portion of the Project or the Land. b. Upon the occurrence of an Event of Default as defined pursuant to Section 7(a) above, the Taxpayer shall have ten (10) days after the receipt of Notice from the City or County regarding such default to cure such default. c. In the event the Taxpayer has not cured such default or defaults within the time period set forth in this PILOT Agreement, then the exemption from real property taxes described herein shall be deemed to have been terminated as of the taxable status date of the City's immediately preceding fiscal year. d. Upon a termination of the exemption from real property taxes set forth in Section 7(c) above, the Taxpayer shall be liable for real property taxes on a pro -rata basis from and after the City's taxable status date immediately preceding the Event of Default and the statutory lien applicable to such real property taxes shall be deemed in effect as of the lien date normally applicable to such year's real property taxes, unless a separate basis for a real property tax exemption then exists for the benefit of Taxpayer. e. Any such termination of the real property tax exemption applicable to the Project shall not void the liability of the Taxpayer for any unpaid payments in lieu of taxes required by this PILOT Agreement prior to such termination. 8. Waiver. No failure on the part of the City or County to exercise, and no delay on the part of the City or County in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by the City or County preclude any other or further exercise thereof or the exercise of any other right, power or remedy. 9. Modification. Neither this Agreement nor any provision hereof may be amended, modified, waived, discharged or terminated, except by an instrument in writing duly executed and agreed to by the parties hereto. 10. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 11. Pav Equity The Taxpayer shall comply with Erie County Executive Order 13 (2014) and agrees to complete the Certificate collectively attached hereto as Schedule "B" and made a part hereof. The Taxpayer shall make such records available, upon request, to the County's Division of Equal Employment Opportunity for review. The County shall have the right, upon reasonable notice and at reasonable times, to inspect the books and records of the Taxpayer, its offices and facilities, for the purpose of verifying information supplied in the Erie County Equal Pay Certification and for any other purpose reasonably related to conforming the Agency's compliance with Erie County Executive Order 13 (2014). Notwithstanding the Page No. 4 Lofts at University Heights termination provisions contained herein, violation of the provisions of Executive Order 13 (2014), may constitute grounds for the immediate termination of this Agreement and may constitute grounds for determining that the Taxpayer is not qualified to participate in future County contracts Remainder of page intentionally left blank Page No. 5 Lofts at University Heights IN WITNESS WHEREOF, the City, County, and Taxpayer have duly executed this Agreement as of the day and year first above written. COUNTY OF ERIE CITY OF BUFFALO Mark C. Poloncarz County Executive/ Maria R. Whyte Deputy County Executive Byron W. Brown Mayor Approved as to content Approved as to content for for Erie County: the City of Buffalo: Thomas Hersey Martin Kennedy Commissioner, Commissioner, Department of Planning & Economic Development Assessment and Taxation Approved as to form for Approved as to form for the Erie County: City of Buffalo: Kristen M. Walder, Esq. Timothy A. Ball, Esq. Assistant County Attorney Corporation Counsel CB -Emmanuel Realty, LLC (Owner/Developer), By: Benathan Upshaw Barnes Real Estate Group (Owner/Developer By: Keith Barnes Page No. 6 Lofts at University Heights Schedule A Year Total City County 1 9,691.00 7,268.25 2,422.75 2 9,981.73 7,486.30 2,495.43 3 10,281.18 7,710.89 2,570.30 4 10, 589.62 7,942.21 2,647.40 5 10, 907.31 8,180.48 2,726.83 6 11,234.53 8,425.89 2,808.63 7 11,571.56 8,678.67 2,892.89 8 11, 918.71 8,939.03 2,979.68 9 12,276.27 9,207.20 3,069.07 10 12,644.56 9,483.42 3,161.14 11 13,023.89 9,767.92 3,255.97 12 13,414.61 10, 060.96 3,353.65 13 13,817.05 10,362.79 3,454.26 14 14, 231.56 10, 673.67 3,557.89 15 14,658.51 10,993.88 3,664.63 Schedule B Erie County Equal Pay Certification In order to comply with Executive Order 13 dated November 6, 2014, we hereby certify that we are in compliance with federal law, including the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, Federal Executive Order 11246 of September 24, 1965 and New York State Labor Law Section 194 (together "Equal Pay Law"). The average compensation for female employees is not consistently below the average compensation for male employees, taking into account mitigating factors. We understand that this certification is a material component of this contract. Violation of the provisions of Executive Order 13, which is attached hereto and made a part hereof, can constitute grounds for the immediate termination of this contract and may constitute grounds for determining that a bidder is not qualified to participate in future county contracts. We have evaluated wages and benefits to ensure compliance with the Federal Equal Pay Law. Signature Verification STATE OF COUNTY OF A) ) SS: , being duly sworn, states he or she is the owner of (or a partner in) . and is making the foregoing Certification and that the statements and representations made in the Certification are true to his or her own knowledge. B) (Name of Corporate Officer) , of , being duly sworn, states that he or she is the (Title of Corporate Officer) (Name of Corporation) the enterprise making the foregoing Certification, that he or she has read the Certification and knows its contents, that the statements and representations made in the Certification are true to his or her own knowledge, and that the Certification is made at the direction of the Board of Directors of the Corporation. Sworn to before me this Notary Public Page No. 8 Lofts at University Heights Day of , 20 2- COUNTY OF ERIE MARK C. POLONCARZ Cot7N1vExEcuTwE Executive Order #13 Pay Equity Certification on County Contracts WHEREAS, federal law, including the Equal Pay Act of 1963, Tide VII of the Civil Rights Act of 1964 and Federal Executive Order 11246 of September 24, 1965 (Equal. Employment Opportunity) (together "Federal Equal Pay Law"), requires that men and women in the same workplace be given equal pay for equal work; and WHEREAS, Section 194 of New York State Labor Law ("NYS Equal Pay Law") prohibits compensating men and women differently for the same work; and WHEREAS, on average, a full-time working woman in New York State earns just 85 cents for every dollar that a man earns and the pay gap is even greater for African-American and Latina women; and WHEREAS, females make up neatly fifty-two percent of Erie County's population; and WHEREAS, women make up nearly half of the U.S. labor force and are a growing number of breadwinners in their families; and WHEREAS, this pay differential shortchanges women and their families by thousands of dollars a year, and potentially hundreds of thousands of dollars over a lifetime, presenting a lifelong threat to those families' economic security and reducing their earnings through Social Security and other post retirement plans; and WHEREAS, poverty is recognized as a leading cause of or contributing factor to many social problems, including but not limited to substance abuse, domestic violence, child abuse, improper nutrition, obesity, improper health care and criminal conduct; and WHEREAS, the impact of pay differentials is exacerbated as workers age, causing underpaid workers to disproportionally rely upon various forms of public support in their retirement years; and WHEREAS, pay inequity can significantly impact the County, necessitating the provision of various public subsidies for low income residents and leading to the lack of receipt of income by women residents which would be spent in out local economy; and RAm &num w • 95 PEANtaaN STREET • Buimu.o, N.Y..14202. (716) 858-6000. WWta i:ars.cov WHEREAS, through the enforcement of current state and federal laws that ban unequal pay for equal work, Erie County can help ameliorate the many negative consequences of pay inequality, thereby improving the lives of those who might otherwise be underpaid, strengthening families and protecting children, and reducing the demand for public services, all positively impacting county, state and federal budgets. NOW, THEREFORE, I MARX C POLONCARZ, Erie County Executive, by virtue of the authority vested in me by the Erie County Charter § 302, do hereby order as follows; 1. It is ordered that on and after January 1, 2015, all Erie County offices, departments and administrative units, including but not limited to the Division of Purchase, fully implement a requirement in all bids, requests for proposals and othet contract solicitations that the contractor submit an Erie County Equal Pay Cettification which certifies the contractor's compliance with Federal Equal Pay Law and New York State Equal Pay Law (together, the "Equal Pay Laws"). Such certification shall be required prior to execution of the contract; and it is, 2. Further ordered that such certification shall include a representation by the contractor that it has not been the subject of an adverse finding under the Equal Pay Laws within the previous five years and shall include disclosure of any currently pending claims against the conttactor; and it is, 3. Further ordered that violation of any provision of the Equal Pay Laws during the effective period of such a contract or the filing of a false or misleading Elie County Equal Pay Certificate may constitute grounds for immediate termination of such a contract; and it is, 4. Further ordered that violation of any provision of the Equal Pay Laws during the effective period of such a contract or the filing of a false or misleading Erie County Equal Pay Certificate may constitute grounds for determining a bidder or responder is not qualified to participate in future County contracts; and itis, 5. Further ordered that the Law Department prepare an Erie County Equal Pay Certification for use by Erie County offices, departments and administrative units and assure compliance with this Executive Order in the contract approval process; and it is, 6. Further ordered that the County Division of Equal Employment Opportunity ("EEO") establish a procedure for compliance monitoring and periodic auditing of certification zecords; and it is, GIVEN, under my hand and the Privy Seal of the County of Erie in the City of Buffalo this 6th day of November, in the year two thousand fourteen. BY: COUNTY OF ERIE MARK C. POLONCARZ ERIE COUNTY EXECUTIVE °\(3 c'w\, Proposed legal description for University lofts, Buffalo, NY-- 11/30/15 ALL THAT TRACT OR PARCEL OF LAND, situated in the City of Buffalo, County of Erie and State of New York being part of Lot No. 55, Township 11, Range 7 of the Holland Land Company's Survey and also being part of a map recorded in the Erie County Clerk's office in Liber 599 of Deeds at page 58, being lots 1 thru 7 and 39 thru 46 and particularly described as follows: Beginning at the northerly line of Minnesota Avenue at the easterly line of Cordova Avenue; Thence northerly along the easterly line of said Cordova Avenue, 321.17 feet to the south line of Lisbon Avenue; Thence easterly at an interior angle of 90° 21' 17" and along the said southerly line of Lisbon Avenue 244.23 feet; Thence continuing along the southerly line of Lisbon Avenue at an interior angle of 188° 44' 41 ", 40.11 feet to the westerly line of lot number 8 in said map; Thence southerly at right angles and along said lot 8,130.00 feet to the northerly line of lot 38 of said map; Thence westerly at right angles and along said north line of lot 3 8, 3.70 feet to the westerly line of lot 38 of said map; Thence southerly at right angles and along said west line of lot 38, 150.00 feet to the northerly line of Minnesota Avenue. Thence westerly at right angles and along said north line of Minnesota Avenue, 328.59 feet to the point or place of beginning. Containing 2.08 acres of land more or less. Lofts at University Heights — 91 Lisbon (Univ)(Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated July 14, 2016, be received and filed; That the Common Council hereby approves a PILOT Agreement between the City of Buffalo, the County of Erie, and CB -Emmanuel Realty and the Barnes Real Estate Group. CB - Emmanuel Realty and the Barnes Real Estate Group propose the rehabilitation and adaptive reuse of the vacant and National Register -eligible former School No. 63, located at 91 Lisbon Avenue, creating forty-four (44) mixed -income workforce rental apartments. The County PILOT A requires at least 60% of the units be affordable to persons earning no greater than 60% of the area median income adjusted for family size. The Lofts at University Heights provides 84.4% of its units to persons earning no greater than 60% AMI. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of five percent (5%) of the total income of proposed budget, assuming a five percent (5%) vacancy. Payments will increase by three percent (3%) per year for the duration of the 15 -year PILOT. PASSED AYES — 9 NOES — 0 C9UsersUrocinsldWppData\LocalWicrosoft\Windows \Temporary Internet Files\Content.OWlook\OX32QV W6Uufls at University Heights PILOT.docx *AYE* NO * FEROLETO * * * * * * FONTANA • * * • * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * * * SCANLON * * * * * * • WINGO * * * * • • WYATT * * * * * .* [ [MAJ- 5 [ 2/3 - 6 [3/4 - 7] 0 * * * City Clerk's -Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1706 Strat Plan -Report of Sale 14 Barthel PPROVED JUL 2 8 2016 .A\ ,74-7/1p, MAYOR PASSED July 19, 2016 Gerald A Chwalinski City Clerk 01 7 0G #2 (Rev. 1/93) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: July 14, 2016 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 14 BARTHEL— Vacant Lot 99.30 N WALDEN Lot Size: 30' x 105' Assessed Value: $1,400.00 (FILLMORE District) The Office of Strategic Planning, Division of Real Estate has received a request from Joseph Thomas Sr. of 16 Barthel Street Buffalo, NY 14211 to purchase 14 Barthel Street. Mr. Thomas would like to purchase the lot for added yard space for his adjacent, owner occupied property located at 16 Barthel Street. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of the property. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Three Cents ($.43) to One Dollar and Fifteen Cents ($1.15) per square foot. Mr. Thomas has agreed and is prepared to pay Sixty Three Cents ($.63) per square foot for the parcel for a total of Two Thousand Dollars ($2,000.00) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 14 Barthel Street for the amount of Two Thousand Dollars ($2,000.00) to Mr. Joseph Thomas Sr.. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. July 14, 2016 Report of Sale 14 Barthel St. DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECTpR-OF-REAL ESTATE OFF).C'E OF STFATEGIC PLANNING Report of Sale —14 Barthel (Fill) (Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated July 14, 2016, be received and filed; That the offer from Mr. Joseph Thomas, Sr. of 16 Barthel Street, Buffalo, New York 14211 in the amount of Two Thousand Dollars ($2,000.00) for the purchase of 14 Barthel Street be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES - 0 \5 C:\Users\IrucinskBAppDatalocal\Microsoft\Windows\Temporary Internet Files\Content.Owlook\OX32QV W6\Report of Sale -I4 Barthel.docx poc _ 5 2 3 3 4 - f 4 °\% City Clerk's Department- - - BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1707 PASSED July 19, 2016 Strat Plan -Report of Sale 828 Glenwood APPROVED JUL 2 8 2016 /(1 MAYOR Gerald A Chwalinski City Clerk qq. #2 (Rev. 1/93) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: July 14, 2016 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 828 Glenwood— Vacant Lot 497.47 W KEHR Lot Size: 30' x 113' Assessed Value: $1,000.00 (MASTEN District) The Office of Strategic Planning, Division of Real Estate has received a request from Willie and Tresie Coggins of 826 Glenwood Ave. Buffalo, NY 14211 to purchase 828 Glenwood Ave. Mr. and Mrs. Coggins would like to purchase the lot for added yard space for their adjacent property located at 826 Glenwood Ave. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of the property. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents ($.35) to Eighty Cents ($.80) per square foot. Mr. and Mrs. Coggins have agreed and are prepared to pay Forty Seven Cents ($.47) per square foot for the parcel for a total of One Thousand Six Hundred Dollars ($1,600.00) for the above referenced property. They have also agreed to pay for the cost of the transfer tax and recording fees. Mr. and Mrs. Coggins further agree to a no curb cut deed restriction. I am recommending that Your Honorable Body approve the sale of 828 Glenwood Avenue for the amount of One Thousand Six Hundred Dollars ($1,600.00) to Mr. Willie Coggins and Mrs. Tresie Coggins. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. July 14, 2016 Report of Sale 828 Glenwood Avenue DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING Report of Sale — 828 Glenwood (Masten) (Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated July 14, 2016, be received and filed; That the offer from Willie and Tresie Coggins of 826 Glenwood Ave., Buffalo, New York 14211 in the amount of One Thousand Six Hundred Dollars ($1,600.00) for the purchase of 828 Glenwood Ave. be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES — 0 C:\UsersVmcinski\AppData\LocaI\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Report of Sale -828 Glenwood.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RNERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6] [3/4 - 7] *AYE* NO * * * * 0 * * * goo City Clerk's Department - BUFFALO July 22, 2016 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1708 PASSED July 19, 2016 Strat Plan -Report of Sale 412 Goodyear APPROVED JUL 2 8 2016 MAYOR Gerald A Chwalinski City Clerk 0 70 1 8 #2 (Rev. 1/93) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: July 14, 2016 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 412 Goodyear— Vacant Lot 450. N MCKIBBEN Lot Size: 30' x 110' Assessed Value: $1,400.00 (FILLMORE District) The Office of Strategic Planning, Division of Real Estate has received a request from Nazrul Chowdhury of 416 Goodyear Ave. Buffalo, NY 14211 to purchase 412 Goodyear Ave. Mr. Chowdhury would like to purchase the lot for added yard space for his adjacent, owner occupied property located at 416 Goodyear Ave. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of the property. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents ($.50) to One Dollar and Fifteen Cents ($1.15) per square foot. Mr. Chowdhury has agreed and is prepared to pay Eighty Cents ($.80) per square foot for the parcel for a total of Two Thousand Six Hundred Dollars ($2,600.00) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. Mr. Chowdhury further agrees to a no curb cut deed restriction. I am recommending that Your Honorable Body approve the sale of 412 Goodyear Avenue for the amount of Two Thousand Six Hundred Dollars ($2,600.00) to Mr. Nazrul Chowdhury. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. July 14, 2016 Report of Sale 412 Goodyear Avenue DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING Report of Sale — 412 Goodyear (Fill) (Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated July 14, 2016, be received and filed; That the offer from Nazrul Chowdhury of 416 Goodyear Ave., Buffalo, New York 14211 in the amount of Two Thousand Six Hundred Dollars ($2,600.00) for the purchase of 412 Goodyear be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES-9NOES-0 \"`"k C:\Users\lrucinski\AppData\Local\MicrosoR\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Report of Sale -412 Goodyear.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] * * * 0 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1709 PASSED July 19, 2016 Strat Plan -Report of Sale 113 Ruhland Gerald A Chwalinski City Clerk APPROVED JUL 2 8 2016 X05 #2 (Rev. 1/93) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: July 14, 2016 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 113 Ruhland— Vacant Lot 155.37 N SYCAMORE Lot Size: 30' x 109' Assessed Value: $24,000.00 (FILLMORE District) The Office of Strategic Planning, Division of Real Estate has received a request from Amy Betros and Norman Paolini on behalf of Madonna of the Streets Inc. of 325 Walden Avenue Buffalo, NY 14211 to purchase 113 Ruhland Street. Madonna of the Streets, Inc. would like to purchase and demolish this vacant structure and include it as part of adjacent redevelopment project that is currently underway and fully funded. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of the property. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents ($.50) to One Dollar and Fifteen Cents ($1.15) per square foot. Madonna of the Streets, Inc. have agreed and are prepared to pay Ninety One Cents ($.91) per square foot for the parcel for a total of Three Thousand Dollars ($3,000.00) for the above referenced property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 113 Ruhland Street for the amount of Three Thousand Dollars ($3,000.00) to Madonna of the Streets, Inc. am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. July 14, 2016 Report of Sale 113 Ruhland DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECTOROF,REAL ESTATE OFFICE,OF STRATEGIC PLANNING // • Report of Sale —113 Ruhland (Fill) (Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated July 14, 2016, be received and filed; That the offer from Amy Betros and Norman Paolini, on behalf of Madonna of the Streets Inc., of 325 Walden Avenue, Buffalo, New York 14211 in the amount of Three Thousand Dollars ($3,000.00) for the purchase of 113 Ruhland be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES — 0 C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\OX32QV W6\Report of Sale -113 Ruhland.docx \ % 1 *AYE* NO * FEROLETO * * * _ * * * FONTANA * * * * 4' * FRANCZYK * * * * * *. GOLOMBEK * * * _ * * * PRIDGEN * * * _ * * * RIVERA * * * _ * * * SCANLON * ** * * * • WINGO *• * * * * * . WYATT * ** * * * [ [ MAI - 5 I [2/3 - 61 [3/4 - 7] * 0 * City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1710 PASSED July 19, 2016 Strat Plan -Report of Sale 1205 West Avenue Gerald A Chwalinski City Clerk PPROVED = CD #2 (Rev. 1/93) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: July 14, 2016 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 1205 West Avenue— Vacant Lot 333. N DELAVAN Lot Size: 30' x 103' Assessed Value: $4,000 (NIAGARA District) The Office of Strategic Planning, Division of Real Estate has received a request from Paw-Theinga Win and Mya Win of 1203 West Avenue Buffalo, NY 14213 to purchase 1205 West Avenue. Mr. and Mrs. Win would like to purchase the lot for added yard space for their adjacent property located at 1203 West Avenue. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Ninety -Seven Cents ($.97) to Two Dollars and Thirty -Two Cents ($2.32) per square foot. Mr. and Mrs. Win have agreed and are prepared to pay One Dollar and Thirty -Nine Cents ($1.39) per square foot for the parcel for a total of Four Thousand Three Hundred Dollars ($4,300.00) for the above referenced property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1205 West Avenue for the amount of Four Thousand Three Hundred Dollars ($4,300.00) to Mr. Paw- Theinga Win and Mrs. Mya Win. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. July 14, 2016 Report of Sale 1205 West Avenue DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECTOR OF REAL ESTATE OFFIC •FSTRATEGIC PLANNING Report of Sale — 1205 West Avenue (Nia) (Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated July 14, 2016, be received and filed; That the offer from Paw-Theigna Win and Mya Win of 1203 West Avenue, Buffalo, New York 14213 in the amount of Four Thousand Three Hundred Dollars ($4,300.00) for the purchase of 1205 West Avenue be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES — 0 C:\OsersUmcinsld\AppData\Local\Microsof0Windows\Temporary Intemet Files\ContentOutlook\OX32QV W6Uteport of Sale -1205 West Avenue.docx \°\ FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [2/3 - 6] [3/4 - 7] 0 * * * ''o #1 (Rev. 1/93) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: July 18, 2016 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Transfer Jurisdiction 170 and 172 Germania (SOUTH District) 0 7 _ . it The Office of Strategic Planning, Division of Real Estate, has received a request from the Department of Public Works to transfer jurisdiction of 170 and 172 Germania as the site for a new fire house to replace Engine 25 on Seneca and Southside. Engine 25 is in need of deferred maintenance costs that exceed 61% of the replacement of a new building and the condition of the building is jeopardizing the operations of the fire house. The site is an ideal location for the Buffalo Fire Department to provide coverage to the South District residences and much needed coverage for the Outer Harbor. The Office of Strategic Planning, Division of Real Estate, is recommending that Your Honorable Body authorize the transfer of jurisdiction of 170 and 172 Germania to the Department of Public Works to build a new fire house. ristie R. Nelson Director of Real Estate Office of Strategic Planning CRN: edr REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. C:capasset/170 & 172 Germania transfer jurisdiction IIZ FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS July 19, 2016 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DATE: July 13, 2016 DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering 0 SUBJECT: [: Notification Serial #10962 [: Install Alternate Parking - Type II [: Forest Avenue [: between Grant Street [: and Richmond Avenue [: (except existing No Parking and No Standing areas) [: ( North and Niagara Districts) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xx) .1 44 NO PARKING (ALTERNATE - TYPE II) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Forest Avenue, south side between Grant Street and Richmond Avenue Forest Avenue, north side between Grant Street and Richmond Avenune SJS/MJF/EDS/RWS Cc: Kevin Helfer; Henry Jackson TYPE DEPARTMENT HEAD NAME: PROHIBITED PERIOD 9:00 a.m. - 4:00 p.m. Thursday, Friday November 15 — April 1 9:00 a.m. - 4:00 p.m. Monday, Tuesday, Wednesday November 15 — April 1 Michael J. Finn, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (10962.doc) 0 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DATE: July 13, 2016 DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10970 [: Metered Parking - Repeal [: on Hertel Avenue, north side [: between Virgil Avenue [: and Wallace Avenue [: ( Delaware District) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xxl METERED PARKING - REPEAL \\s In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 3 Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: METERED PARKING METERED PARKING LOCATION Hertel Avenue, north side between Virgil Avenue and Wallace Avenue PERIOD OF METERED PARKING RATE OF METERED PARKING 2 Hour Maximum 8 am to 5 pm Monday - Saturday SJS/MJF/EDS/RWS Cc: Kevin Helfer TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: (10970.doc) Michael J. Finn, P.E. City Engineer Rate C $1.00 per hour #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DATE: July 13, 2016 DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10971 [: Install Metered Parking [: on Hertel Avenue, north side [: between Virgil Avenue [: and Wallace Avenue [: (except No Standing and No Parking areas) [: ( Delaware District) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) METERED PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING METERED PARKING LOCATION Hertel Avenue, north side between Virgil Avenue and Wallace Avenue (except No Standing and No Parking areas) \\4 PERIOD OF METERED PARKING RATE OF METERED PARKING 2 Hour Maximum 8 am to 9 pm Monday - Saturday SJS/MJF/EDS/RWS Cc: Kevin Helfer TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: (10971.doc) Michael J. Finn, P.E. City Engineer Rate C $1.00 per hour \14 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DATE: July 13, 2016 DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10972 [: Metered Parking - Repeal [: on Hertel Avenue, south side [: between Fairchild Place [: and Starin Avenue [: ( Delaware District) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xx) METERED PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 3 Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: METERED PARKING METERED PARKING LOCATION Hertel Avenue, south side between Fairchild Place and Starin Avenue PERIOD OF METERED PARKING RATE OF METERED PARKING 2 Hour Maximum 8 am to 5 pm Monday - Saturday SJS/MJF/EDS/RWS Cc: Kevin Helfer TYPE DEPARTMENT HEAD NAME: Michael J. Finn, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (10972.doc) Rate C $1.00 per hour #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DATE: July 13, 2016 DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10973 [: Install Metered Parking [: on Hertel Avenue, south side [: between Fairchild Place [: and Starin Avenue [: (except No Standing and No Parking areas) [: ( Delaware District) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xx) METERED PARKING - INSTALL [: In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING METERED PARKING LOCATION Hertel Avenue, south side between Fairchild Place and Starin Avenue (except No Standing and No Parking areas SJS/MJF/EDS/RWS Cc: Kevin Helfer (10973.doc) PERIOD OF METERED PARKING RATE OF METERED PARKING 2 Hour Maximum 8 am to 9 pm Monday - Saturday "ID FILED ReCeIVED TYPE DEPARTMENT HEAD NAME: Michael J. Finn, P.E. TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: City Engineer Rate C $1.00 per hour 'W (4;0 Deur5 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1713 PASSED July 19, 2016 Awning within ROW 483 Delaware PPROVED JUL 2 8 2016 n MAYOR Gerald A Chwalinski City Clerk. #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 7... TO: THE COMMON COUNCIL DATE: July 14,2016 FROM: Department of Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: 483 Delaware Avenue; [: Awning within Right of Way [: Fillmore District Mr. Mark Jaworski and Sean Toohey, owners of Rowhouse Bakery and Restaurant, located at 483 Delaware Avenue, have requested permission to encroach city right of way with an awning at said address. The awning would cover the existing steps and walkway leading to the public sidewalk but would not extend into the sidewalk itself. Support posts would be installed within city right of way. The Department of Public Works, Parks, and Streets has reviewed this request pursuant to Chapter 413-56 (Awnings, Canopies, and Marquees) and recommends that Your Honorable Body refer this item to the Planning Board and Preservation Board for the necessary review and approval. If approved by both and Your Honorable Body the Commissioner will issue a revocable license for said encroachment provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary. 2. That the awning be installed exactly as shown on plans submitted and approved by the Department of Permit & Inspection Services. 3. That the applicant be responsible for maintenance of the awnings as long as it remains within City right of way. 4. That the applicant pay the yearly license fee of $100.00 as described in Chapter 413-56 (H) of the City Charter. 5. That the applicant enter into a revocable license agreement and supply the Department of Public Works, Parks & Streets with a construction in street bond and/or certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify and save harmless the City of Buffaly against any and all loss or damage arising out of the construction, maintenance, use and remval of said awning. The revocable license shall be approved as to form by Corporation SJS:MJF:MGM:dakf %f, Recommended: i,�1 �e,!'hj% ei�'Title: Michael J. Finn, P.E., City Engineer DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of ork SIGNATURE OF DEPARTMENT HEAD: Cc: Michael Murphy, Senior Engineer Encroachment within City Right -of Way — 483 Delaware Avenue (Fill)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 14, 2016, be received and filed; and That the Common Council hereby authorizes Commissioner of the Department of Public Works, Parks and Streets, pursuant to Chapter 413, Section 56 (Awning, Canopies and Marquees) of the City Charter, to issue a "Revocable License" to Mr. Mark Jaworski and Sean Toohey, owners of Rowhouse Bakery and Restaurant, located at 483 Delaware Avenue, to encroach City right-of-way with an awning at said address, upon the following conditions: 1. That the applicant obtain any and all City of Buffalo permits necessary; 2. That the awning be installed exactly as shown on plans submitted and approved by the Department of Permits & Inspection Services; 3. That the applicant be responsible for maintenance of the awnings as long as it remains within the City right-of-way; 4. That the applicant pay the yearly license fee of $100.00 as described in Chapter 413-56(H) of the City Charter; and 5. That the applicant enter into a revocable license agreement and supply the Department of Public Works, Parks and Streets with a construction in street bond and/or certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance use and removal of said awning. The revocable license shall be approved as to form by the Corporation Counsel. PASSED AYES — 9 NOES — 0 2.\ C:\Users\ mcinsld\AppData\ Local\Microsoft\Windows\Temporary Internet Files\ContentOudook\OX32QV W6\Encroach ROW 483 Delaware.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] *AYE* NO * * * * * * * * 0 �1q City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1714 PASSED July 19, 2016 Change in Contract City Wide Mill & Overlay 2015 Group 820 Gerald A Chwalinski City Clerk APPROVED JUL 2 8 2016 $#1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: July 14, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Change in Contract [: City Wide Mill & Overlay2015 [: Group 820 PRIOR COUNCIL REFERENCE: (IF ANY) [: #929 of 5/12/15 017 I hereby submit to Your Honorable Body the following change for City Wide Mill & Overlay 2015 Group 820, Contract 93001559. This change is to include Alternate #3, Pearl Street (Tupper to Upper Terrace Summary: Current Authorized Amount $ 4,894,460.26 Amount of this Change Order $ 258.986.25 Revised Contract Amount $ 5,153,446.51 I respectfully request the contract award be increased to a not to exceed the amount of $258,986.25. Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 32000006-445100 and/or an account to be named at a later date. SJS:MJF:SMB:kem Recommended: Any' Michael J. Finn, P.E., City Engineer TYPE DEPARTMENT HEAD NAME: TYPE TITLE: Commissioner '"ixbl'. ��� �r arks & Streets SIGNATURE OF DEPARTMENT HEAD: Steven J. Stepniak )-"Y Change in Contract — City Wide Mill & Overlay 2015 — Group 820 (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 14, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $258,986.25 (Current Authorized Amount $4,894,460.25 + Change Order #1 $258,986.25 for a Revised Contract Amount of $5,152,446.51) for City Wide Mill and Overlay 2015, Group 820, Contract 93001559. Funds for this increase will be available in Account #32000006-445100, and/or an account to be named at a later date. PASSED AYES — 9 NOES — 0 CAUsersUmcinski\AppDataUcalkMicrosoft\Windows \Temporary Internet Files \Content.Outlook\OX32QV W6\Change in Contract -CW mill and overlay group 820.docx a FEROLETO RI'~._ scANLON wiNGO 1 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1715 PASSED July 19, 2016 Change in Contract (Correction)Fire and Police Dept Quick Action Plans APPROVED JUL 2 8 2016 () MAYOR Gerald A Chwalinski City Clerk , • • #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 12, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract - Correction [: Fire and Police Departments [: Quick Action Plans [: Job #1215 [: Various Districts PRIOR COUNCIL REFERENCE: (IF ANY): ITEM NO. 432-11, CCP March 1, 2016 TEXT: I hereby submit to Your Honorable Body the following changes for the Fire and Police Departments, Quick Action Plans, Cannon Design, C#93000951. 1. Field measurements required to prepare AutoCAD drawings for high Add $ 17,500.00 risk facilities to be mapped for the BFD Quick Action Plans (QAPs). The QAPs allow the BFD to collect data and map response plans to safely and effectively fight fires at high risk facilities. This project is part of the City's Crisis Management System; a system used for All -Hazard planning. The foregoing changes result in a net increase in the contract of Seventeen Thousand Five Hundred and 00/100 Dollars $17,500.00). Summary: Original Contract Amount Amount of Previous Change Orders Amount of This Change Order (#3) Revised Contract Amount $545,960.00 $369,103.43 $ 17,500.00 $932,563.43 Costs have been reviewed by the consulting architect (Cannon Design) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in account No. 25200006 434000 10557 (2014 SHSP Grant)„ Recommended: DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks & Streets Rishawn Sonubi, Deputy Commissioner SIGNATURE OF DEPARTMENT HEAD: a3 Change in Contract — Correction — Fire and Police Departments Quick Action Plans (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 12, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #3 in the amount of $17,500.00 (Original Contract Amount $545,960.00 + Amount of Previous Change Orders $369,103.43 + Change Order #3 $17,500.00 for a Revised Contract Amount of $932,563.43) for the Fire and Police Departments Quick Action Plans, with Cannon Design, C#93000951. Funds for this work will be available in Account #2520006 434000 10577 (2014 SHSP Grant). PASSED AYES — 9 NOES — 0 C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContenLOutlook\OX32QV W6\Change in Contract -Fire and Police quick action plans.docz FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6] [3/4 - 7] *AYE* NO * * * * * * * 0 * * * City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1716 PASSED July 19, 2016 Change in Contract Genesee St Gateway- Washington to Elm- Watts Arch Gerald A Chwalinski City Clerk APPROVED #f (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 13, 2016 FROM: DEPARTMENT: Public Works DIVISION: Engineering of SUBJECT: [: Change in Contract [: Genesee Street Gateway — Washington to Elm [: Contract # 93001611 — Watts Architecture & Engineering [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) Contract Summary: Contract Amount + Amount of Change Order Revised Contract Amount $ 579,206.00 $ 10,412.00 $ 589,618.00 I hereby submit to your Honorable Body the following change for this contract. Watts Architectural & Engineering is the Engineering Consultant for the Genesee Street Gateway Project for the City of Buffalo. This contract provided for the on- going design, construction administration and construction inspection of the project. The New York State Department of Transportation (NYSDOT) requested that the City of Buffalo incorporate the design, construction and inspection of the NYSDOT planned improvements at the Genesee Street intersections of Oak and Elm Streets. The NYSDOT is currently designing a comprehensive traffic calming project for the Oak/Elm corridors in the City. In order to eliminate duplication of design, construction and inspection services, the NYSDOT offered the City a return of "in-kind" services if the City would perform the NYSDOT work at Oak and Elm within the Genesee Street Project. I certify that this increase is fair and equitable for the work involved. I respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $10,412.00. The funds are available in Capital Account #32000006-445100 and/or an account(s) to be named at a later date. SJS/MJF/JDB:dab Recommended: Title: Michael J. Finn, P. TYPE DEPARTMENT HEAD NAME: TYPE TITLE: Commissioner Engineer of Public Works, Parks & Streets Steven J. Stepniak SIGNATURE OF DEPARTMENT HEAD: Change in Contract — Genesee Street Gateway — Washington to Elm (E11)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 13, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $10,412.00 (Contract Amount $579,206.00 + Change Order #1 $10,412.00 for a Revised Contract Amount of $589,618.00) for the Genesee Street Gateway Project — Washington to Elm, Contract No. 93001611, with Watts Architecture & Engineering. Funds are available in Capital Account #32000006-445100, and/or an account(s) to be named at a later date. PASSED AYES — 9 NOES — 0 C:\UsersUmcinski\AppData\Local\Microsof\Windows\Temporary Internet Files \ContentOutlook\OX32QV W6\Change in Contract -Genesee St g teway-Watts.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6] [3/4 - 7] *AYE*NO * * * * 0 * * * \1/4 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1717 PASSED July 19, 2016 Change in Contract Genesee St Gateway- Washington to Elm- Yarussi Constr APPROVED JUL 28 2016 c11 MAYOR Gerald A Chwalinski City Clerk ' #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 13, 2016 , FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: [: [: [: PRIOR COUNCIL REFERENCE: (IF ANY) Contract Summary: Contract Amount + Amount of Change Order Revised Contract Amount Change in Contract Genesee Street Gateway — Washington to Elm Contract # 93001612 — Yarussi Construction Ellicott District $1,502,700.04 $ 49.12334 $1,551,823.78 01 I hereby submit to your Honorable Body the following change for this contract. Yarussi Construction is the General Contractor for the Genesee Street Gateway Project for the City of Buffalo. This contract provided for the construction of the project. The New York State Department of Transportation (NYSDOT) requested that the City of Buffalo incorporate the design, construction and inspection of the NYSDOT planned improvements at the Genesee Street intersections of Oak and Elm Streets. The NYSDOT is currently designing a comprehensive traffic calming project for the Oak/Elm corridors in the City. In order to eliminate duplication of design, construction and inspection services, the NYSDOT offered the City a return of "in-kind" services if the City would perform the NYSDOT work at Oak and Elm within the Genesee Street Project. I certify that this increase is fair and equitable for the work involved. I respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $49,123.74. The funds are available in Capital Account #32000006-445100 and/or an account(s) to be named at a later date. SJS/MJF/JDB:dab Recommended: 'COIL ,ei•P"1. Title: Michael J. Finn, P.E., ty Engineer of Public Works, Parks & Streets TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: • Steven J. Stepniak Commissioner -- Change in Contract — Genesee Street Gateway — Washington to Elm (E11)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 13, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $49,123.74 (Contract Amount $1,502,700.04 + Change Order #1 $49,123.74 for a Revised Contract Amount of $1,551,823.78) for the Genesee Street Gateway Project — Washington to Elm, Contract No. 93001612, with Yarussi Construction. Funds are available in Capital Account #32000006- 445100, and/or an account(s) to be named at a later date. PASSED AYES — 9 NOES — 0 CAUsersUmcinski AppData\LocaRMicrosoft\Windows \Temporary Internet Files \ContentOutlook\OX32QV W6\Change in Contract -Genesee St gateway-Yamssi.docx as FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT *AYE*NO * * * * [ ] * * * _ 7 _ _ [MAJ-5] ** 0 * [2/3 -6] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1718 PASSED July 19, 2016 Change in Contract Police A District Pkg Lot Reconstr Gerald A Chwalinski City Clerk APPROVED JUL 2 8 2016 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 5, 2016 FROM: DEPARTMENT: Public Works. Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Police A District Parking Lot Reconstruction [: Job #1509 [: South District 0171 PRIOR COUNCIL REFERENCE: (IF ANY) [: #1462 of 7/21/15 TEXT: I hereby submit to Your Honorable Body the following change for Police A District Parking Lot Reconstruction, Louis Del Prince & Sons Inc., Contract #93001673. 1) Remove a concrete pad with foundations Add $ 11,063.00 2) Undercut, remove unacceptable material, and Add $ 12,122.15 provide additional gravel to areas with soft spots The foregoing change results in a net increase in the contract of Twenty Three Thousand One Hundred Eighty Five Dollars and 15/100 ($23,185.15). Summary: Previous Amount Approved $ 217,661.40 Amount of this Change Order $ 3,397.75 Total Approved Amount to Date $ 221,059.15 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in Account #33221006-445100. SJS/RTS/PS/JLJ/dmr RECOMMENDED Rishawn T. Sonubi Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, SIGNATURE OF DEPARTMENT HEAD: d eets )19 Change in Contract — Police A District Parking Lot Reconstruction (South)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 5, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $3,397.75 (Previous Amount Approved $217,661.40 + Change Order #1 $3,397.15 for a Total Approved Amount to date of $221,059.15) for the Police A District Parking Lot Reconstruction, Job #1509, with Louis Del Prince & Sons Inc., Contract #93001673. Funds are available in Capital Account #33221006-445100. PASSED AYES — 9 NOES — 0 CnUsen \lrucinskitAppDataEocaltMicrosoft WindolvATeroPorary Internet Files \ ConieroteutiooktOX32QVW6 \ Change in Contract -A Dist parking lot.doon YEROLETO * * * _ - * * * . - VONTOA. * * * VRA-NCZYS. * * - * * * * POLOMBEK. * * * * 4 * _ * * * * * --- * * * SCANLO * _ * * - 4 * - * * WING° . * 4 * WYATT * * * * * * City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1719 PASSED July 19, 2016 Permission to Enter into Agmt with CSX Transp to Facilitate Coordination of Work Cars on Man St -Lower Main Proj Exchange to Perry Sts APPROVED JUL 2 8 2016 n iJ MAYOR 1? -115611 Gerald A Chwalinski City Clerk d #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 11, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering 0 1_ SUBJECT [: Permission to Enter into Agreements with [: CSX Transportation Inc. [: to facilitate coordination of work related to [: Cars on Main Street — Lower Main Project [: Exchange to Perry Sts. [: Ellicott District [: City of Buffalo, County of Erie PRIOR COUNCIL REFERENCE: (IF ANY) [: No 75 of January 19, 2016 The Federal Highway Administration (FHWA) has designated $18.00M for the design, administration, inspection and construction of the Cars on Main Street — Lower Main Project. The Federal funding for this project was obtained through the "TIGER" (Transportation Investment Generating Economic Recovery) Discretionary Grants Program. The project has been listed on the New York State Regional Transportation Improvement Program (TIP) with PIN #5761.21. The City will be matching the TIGER grant with $4.5M of DASNY funds that have been allocated to the City. In order to move this project forward, this Department is requesting that Your Honorable Body authorize the Mayor and/or this Department to enter into all necessary agreements with the CSX Transportation Inc. This agreement would enable the City and this Department to administer this project as is relates to coordination with CSX Transportation Inc. It will also cover all necessary work needed to complete the design, administration, inspection and construction of this project. SJS/MJF/kem Recommended: ,%�, 4. Title: Michael J. Finn, P.E (City Engineer of Public Works, Parks & Streets TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Commissioner f)‘\ Permission to Enter into an Agreement — CSX Transportation, Inc. — Cars on Main Street — Lower Main Project — Exchange to Perry Streets (E11)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 11, 2016, be received and filed; and That the Common Council hereby authorizes the Mayor and/or the Department of Public Works, Parks and Streets to enter into all necessary agreements with CSX Transportation, Inc. to facilitate coordination of work related to Cars on Main Street, Lower Main Project — Exchange Street to Perry Street. This agreement would enable the City and the Department of Public Works, Parks and Streets to administer this project as it relates to coordination with CSX Transportation, Inc. It will also cover all necessary work needed to complete the design, administration, inspection and construction of this project. Federal funding for this project was obtained through the "TIGER" (Transportation Investment Generating Economic Recovery) Discretionary Grants Program. The City will be mating the TIGER grant with $4.5 million of DASNY funds that have been allocated to the City. The agreement will be subject to approval as to form by the Corporation Counsel. PASSED AYES — 9 NOES — 0 CAUsersImcinski AppData\Local\Microsoft \ Windows \Temporary Internet Files \Content.Outlook\OX32QV W6\Pemdssion to Enter Into Agreement -Cars on Main.docx \ *AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RWERA * * * * * * SCANLON * ** * * * WINGO * ** * * * WYATT * ** * * * [ ] * - ( * * [MAJ- 5] * ,[ *0 * [2/3 -6] * A * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1720 PASSED July 19, 2016 Permission for Encroachment on Public ROW 204 Franklin- Enclosed Outdoor Patio Gerald A Chwalinski City Clerk APPROVED JUL 28 2016 #1 (Rev. 1/93) COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 13, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Permission for Encroachment on [: Public Right -of -Way [: 204 Franklin Street [: Enclosed Outdoor Patio [: Ellicott District PRIOR COUNCIL REFERENCE: (None) Mr. Mark Croce, President of The Curtiss Hotel, has requested permission to install an Enclosed Outdoor Patio over the Huron Street sidewalk abutting 204 Franklin Street. The Enclosed Outdoor Patio was conditionally recommended for approved by the Planning Board at its meeting on June 27, 2016. The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413 Section 67 (Encroachment Regulations) of the City Charter and recommends that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets (DPW) to issue a "Revocable License", subject to approval as -to - form by Corporation Counsel, for said encroachment provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits as necessary. 2. That the encroachments be installed exactly as shown on plans submitted to and approved by the Departments of Permit & Inspection Services (DPIS) and DPW. 3. That the applicant agree to relocate the curb to narrow the roadway to 30' wide as further directed by the DPW at its sole expense prior to the installation of the Enclosed Outdoor Patio. The roadway narrowing will add sidewalk space on the north side of the road to provide the minimum 8' sidewalk space as specified by Chapter 413-67 of the City Charter. The sidewalk space will further be regraded so that the space that is used by pedestrians is ADA compliant. 4. That the applicant provides the DPW with a certification of a New York State Licensed Professional Engineer that the vault structure beneath the proposed Enclosed Outdoor Patio has sufficient capacity to support the Enclosed Outdoor Patio and such other live loads as specified by the DPW. 5. The owner/operator of 204 Franklin Street shall have all obligations of construction, maintenance, repair, responsible operation (and ultimately pay for the cost of balcony removal), unlimited indemnification by owner/operator in favor of City (and the Buffalo Sewer Authority) and responsibility for all liabilities associated with the balcony and these obligations shall also run with the land known as 204 Franklin Street. The revocable license agreement shall be recorded at the owner/operator's expense in the Erie County Clerk's Office in such form as shall cause the owner/operator obligations to run with the land know as 204 Franklin Street. 6. That, in the event that the Commissioner of Public Works, Parks and Streets determines the encroachments must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said commissioner may order the immediate removal of the encroachments as described in Chapter 413- 67(F) of the City Charter. The cost of removal shall be borne by the applicant. 7. That the applicant enter into a revocable license agreement and provide a certificate of insurance and/or bond deemed sufficient by the Corporation Counsel which, will indemnify the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said encroachments. 8. That the applicant pay an annual license fee as determined by the Division of Real Estate. a1 9. That the application agree to comply with all requirement for encroachment as specified in Chapter 413-67 of the City Charter. SJS:MJF:MGM Recommended: Michael J. Finn, P.E., City Engineer TYPE DEPARTMENT HEAD NAME: Steven J. Step 31r - TYPE TITLE: Commiss csr of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: \I) Permission for Encroachment on Public Right -of Way — 204 Franklin Street (E11)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 13, 2016, be received and filed; and That the Common Council hereby authorizes Commissioner of the Department of Public Works, Parks and Streets, pursuant to Chapter 413, Section 67 (Encroachment Regulations) of the City Charter, to issue a "Revocable License" to Mr. Mark Croce, President of The Curtiss Hotel, to install an enclosed outdoor patio over the Huron Street sidewalk abutting 204 Franklin Street, upon the following conditions: 1. That the applicant obtains any and all City of Buffalo permits necessary. 2. That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permits & Inspection Services and the Department of Public Works, Parks and Streets. 3. That the applicant agrees to relocate the curb to narrow the roadway to 30' wide was further directed by the Department of Public Works, Parks and Streets at its sole expense prior to the installation of the enclosed outdoor patio. The roadway narrowing will add sidewalk space on the north side of the road to provide the minimum 8' sidewalk space as specified by Chapter 413-67 of the City Charter. The sidewalk space will further be regarded to that the space that is used by pedestrians is ADA compliant. 4. That the applicant provides the Department of Public Works, Parks and Streets with a certification of a New York State Licensed Professional Engineer that the vault structure beneath the proposed enclosed outdoor patio has sufficient capacity to support the enclosed outdoor patio and such other live loads as specified by the Department of Public Works, Parks and Streets. 5. The owner/operator of 204 Franklin Street shall have all obligations of construction, maintenance, repair, responsible operation (and ultimately pay for the cost of balcony removal), unlimited indemnification by owner/operator in favor of the City (and the Buffalo Sewer Authority) and responsibility for all liabilities associated with the balcony and these obligations shall also run with the land known as 204 Franklin Street. The revocable license agreement shall be recorded at the owner/operator's expense in the Erie County Clerk's Office in such form as shall cause the owner/operator obligations to run with the land known as 204 Franklin Street. 6. That, in the even the Commissioner of the Department of Public Works, Parks and Streets determines the encroachments must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said C:WsersUrucinski AppData\LocaRMicrosoftlWindowsaempocary Internet Files\ConlenWOutlook \OXJ2QV Wfi\Encroach ROW 204 FrankUn.docx r).5 9 commissioner may order the immediate removal of the encroachments as described in Chapter 413-67(F) of the City Charter. The cost of removal shall be borne by the applicant. 7. That the applicant enter into a revocable license agreement and provide a certificate of insurance and/or bond deemed sufficient by the Corporation Counsel which will indemnify the City of Buffalo against any and all loss or damage arising out of the construction, maintenance and removal of said encroachments. 8. That the applicant pays an annual license fee as determined by the Division of Real Estate. 9. That the applicant agrees to comply with all requirements for encroachment as specified in Chapter 413067 of the City Charter. PASSED AYES — 9 NOES — 0 CAUsersUmcinskitAppData\LocaltMicrosoft\Windmvs\Temporary Internet Files\Content.Outlook\OX32QV W6\Encroach ROW 204 Franklin.docx A \05 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1721 PASSED July 19, 2016 Permission to Hire Consultant Animal Shelter Improv Gerald A Chwalinski City Clerk PPROVED #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 12, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildinas SUBJECT: [: Permission to Hire Consultant [: Animal Shelter [: Improvements [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: ©17' Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire LaBella Associates as a consultant to provide architectural and engineering services for Animal Shelter Improvements. The cost for consulting services is estimated not to exceed $98,000. The funds will be available in account #30013506 - 445100. The consultant has been chosen through a Request for Proposal process (RFP). 1LJ SJS/RTS/JLJ/dmr RECOMMENDED . Rishawn T. Sonubi Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, Par d'Strets SIGNATURE OF DEPARTMENT HEAD: li Permission to Hire Consultant — Animal Shelter Improvements (E11)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 12, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire LaBella Associates as a consultant to provide architectural and engineering services for Animal Shelter Improvements. The consultant has been chosen through a Request for Proposals (RFP) process. Funds for this project will be available in Account #30013506-445100. PASSED AYES — 9 NOES — 0 C:\Users lrucinsld\AppData\Local \Microsof\Windows \Temporary Internet Files \Content.Oultook\OX32QV W6\Permission to Hire Consultant -Animal Shelter.docx a9 *AYE* NO * FEROLETO * * * * * * FONTANA * * *. * it * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN **_ * * * * RIVERA * * * * * * SCANLON * * * * * * WINGO * * * * * • WYATT * * * * * * [ ] * * * [MAJ— S] *'d * 0 * [2/3 — 6] * * * [3/4 — 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1722 PASSED July 19, 2016 Permission to Hire Consultant City Hall Security Camera APPROVED JUL 2 8 2.016 n MAYOR Gerald A Chwalinski City Clerk #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 12, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildinas SUBJECT: [: Permission to Hire Consultant [: City Hall [: Security Cameras [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: 0 Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire U&S Services as Security Camera Consultant for City Hall. The cost for consulting services is estimated not to exceed $325,000. The funds will be available in account to be named at a later date. The consultant has been chosen through a Request for Proposal process (RFP). SJS/RTS/J LJ/dmr RECOMMENDED Rishawn T. Sonubi Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, Park . nd- Teets SIGNATURE OF DEPARTMENT HEAD: /7' Permission to Hire Consultant — City Hall Security Cameras (E11)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 12, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire U&S Services as a Security Camera Consultant for City Hall. The consultant has been chosen through a Request for Proposals (RFP) process. The funds will be available in an account to be named at a later date. PASSED AYES — 9 NOES — 0 C:\UsersUmcinski\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content Outlook\OX32QV W6\Permission to Hire Consultant -CH Security Cameras.docx *AYE* NO * FEROLETO * * * FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] * * * . * * * * * * * * * * 0 City Clerk's -Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1723 PASSED July 19, 2016 Permission to Increase Contract Niagara St Gateway Project Phase 1 APPROVED JUL 28 2016 MAYOR Gerald A Chwalinski City Clerk #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 13, 2016 FROM: DEPARTMENT: Pubhc Works, Parks & Streets DIVISION: Engineering SUBJECT [:Permission to Increase Contract [:Niagara Street Gateway Project Phase 1 [: Ellicott District, Fillmore District & Niagara District [ PIN #5T5714 [: City of Buffalo, County of Erie PRIOR COUNCIL REFERENCE: (IF ANY) [: CCP # 889 of Apr29, 2014, #920 of May 12, 2015, #1630 of September 1, 2015 Original Contract Amount - Previously Authorized Increases - Current Contract Amount - Amount of this Change Order - Revised Contract Amount - $ 2,22500000 $ 522.353.86 $ 2,747,353.86 $ 304.251.89 $ 3,051,605.55 1 hereby submit to Your Honorable Body the foliowing change for this contract. NOVA Site Company, LLC is the Contractor for the Niagara Street Gateway project for the City of Buffalo. During the course of construction it was discovered that the road base had deteriorated beyond what was originally anticipated. Additional material needed to be removed and additional asphalt needed to be applied in order to reestablish the road surface. Additional sewer work also became necessary and the City elected to add more tree plantings. This resulted in an increase in cost which is detaUed below as foliows: Road Profile Changes - $148,436.88 Tree Removal and Plantings - $ 35,486.27 Sewer Latnm\Adustmant[rofaoi|itmtaTraffic8iQna| installation) - $ 16.166.81 Additional Sewer work directed by B.S.A. - $44,012.94 Work necessary to maintain safe pavement during construction and other miscellaneous work - $50,148.79 Field change order for contingency on balance of the work - $1 0,000.00 Please note that this communication also resolves a math error in the previous change order item CCP #1630 of September 1.2O15. | respectfully uertifvthat this increase isfair and equitable for the vvorkinvolved. | hereby request that your Honorable Body approve the subject change order and authorize the Commissioner ofPublic Works, Parks and Streets to issue said increase for $3D4.251.0Q The funds are available in Capital Pjects Account, the project grant account and/or an account to be named at a later date. SJS/MJF/TJD:dab Michael J. Finn, P.E., City Engineer TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commission SIGNATURE OF DEPARTMENT HEAD .~~-- Permission to Increase Contract — Niagara Street Gateway Project Phase 1 (Ell, Fill and Nia)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 13, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $304,251.69 (Current Contract Amount $2,747,353.86 + this Change Order $304,251.69 for a Revised Contract Amount of $3,051,605.55) for the Niagara Street Gateway Project, Phase 1, with NOVA Site Company, LLC. Funds are available in Capital Account, the Project Grant Account and/or an account to be named at a later date. PASSED AYES 9 NOES — 0 CaUsersklrucinski1AppData \Local \Microsoft Windows \Temporary Internet Files \ Contentthalook OX32QVW6Wennission to Increase Contract-Nia St Gateway.docx c\ FEROLETO FONTANA • FRANCZYK GOLOMBEK PRIDGEN • RIVERA SCANLON WINGO WYATT [ MAJ - 5 ] [2/3 - 6] [3/4 - 7] *AYE* NO * * * * * * * 0 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1724 PASSED July 19, 2016 Permission to Purchase (3) Freightliners Gerald A Chwalinski City Clerk APPROVED JUL 282016 1/K IA MAYORrilV141111-- SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx. C.C.P. xx/xx/xx) 07/13/2016 Public Works/ Streets [:Permission to purchase [:(3) Freightliners r: f: The department of Public works is requesting permission to purchase (3) New Freightliners tandem axle w/Ioadmaster bodies per contract # 7706 @ $ 170,820.00 each Total $ 512,460.00 Fleet Maintenance Funds to come out of 15050007-474200 SIGNATURE DEPARTMENT HEAD TITLE: X Steven COMMISSIONER OF PUBLIC WORKS SJS/JS/cmb Permission to Purchase Vehicle - Freightliners (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 13, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase three (3) new Freightliners tandem axle with loadmaster bodies, per Contract #7706. Funds for this purchase are available in Account #15050007-474200. PASSED AYES — 9 NOES — 0 C:\Users\ orcins o\AppData\Loca1\Microsof\Windows\Temporary Internet Files \Content.Outlook\OX32QV W6\Permission to Purchase Vehicle-freightliners.docz E3r) --A 0,7 City -Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1725 PASSED July 19, 2016 Permission to Purchase Street Sweeper Gerald A Chwalinski City Clerk PROVED JUL 282016 n SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xx) 07/13/2016 Public Works/ Streets [:Permission to purchase [:Street sweeper [: The department of Public works is requesting permission to purchase (1) new Street Sweeper per contract #7714. Total Joe Johnson Equipment Funds are coming out f the 15050007-474200 SIGNATURE DEPARTMENT HEAD TLE : J Stepniak MISSIONER OF PUBLIC WORKS SJS/JS/cmb $ 199,600.00 $ 199,600.00 0I '79 33 Permission to Purchase Vehicle — Street Sweeper (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 13, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase one (1) new Street Sweeper, per Contract #7714. Funds for this purchase are available in Account #15050007-474200. PASSED AYES — 9 NOES — 0 e)3) C:\UsersUmcins chAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Pemvssion to Purchase Vehicle -street sweeper.docx a *AYE* NO * FEROLETO * * * _ * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * _ * * * PR1DGEN * * * - * * * RIVERA * * * - * * * SCANLON * ** * * * WIN -GO * ** * * * . WYATT * * * * * •* [ ] _ * * [ MAJ - 5 ] *0 * _ [ 2/3 -611 _* * [3/4 - 7] City Clerk's-Bepartnieiit BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1726 PASSED July 19, 2016 Permission to Purchase Tractor Gerald A Chwalinski City Clerk APPROVED JUL 282016 (,). 1 cn MAYOR 017?G SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT; SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xxl 07/13/2016 Public Works/ Streets [:Permission to purchase [:Tractor [: [: The department of Public works is requesting permission to purchase (1) Tractor per contract # 7727 Buffalo Truck Center $ 124,632.00 Total Funds are to come out of 15050007-474200 SIGNATURE DEPARTMENT HEADTITLE X SteJ-SpnaI-- coMMis,�NERoF PUBLIC WORKS SJS/JS/cmb 124,632.00 Permission to Purchase Vehicle — Tractor (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 13, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase one (1) Tractor, per Contract #7727. Funds for this purchase are available in Account #15050007-474200. PASSED AYES — 9 NOES — 0 CAUsers\ Irucinski AppData \LocahMicrosofhWindows \Temporary Internet Files\ContentOutlook OX32QVW6Perraission to Purchase Vehicle-tractor.docx FEROLET 0 * * * F OTAN A. * * * * * * iRANqz-sm * * * GOLOMBEK * * — * * * * PRIDGEN * * — * * * * RIVERA * * * * * * SCANLON * * * * •WIG()_ * _ * * * • VsTs/ AST * it City Clerk's -Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1727 PASSED July 19, 2016 Report of Bids- Connor, Kait Harrity Indoor Pool(Caz Pool) Wall and Window Replacement Gerald A Chwalinski City Clerk APPROVED JUL 282016 Inn 1 IC MAYOR CD #1 killev,r 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works DIVISION: Buildings SUBJECT: DATE: 7/12/16 [: Report of Bids [: Conner, Kait Harrity Indoor Pool (Caz Pool) [: Wall and Window Replacement [: South District PRIOR COUNCIL REFERENCE: (IF ANY) [: 0 7 7 I requested on June 21st, 2016 and received the following formal bids for the Conner, Kait Harrity Indoor Pool (Caz Pool) Wall and Window Replacement project on July 12th, 2016. Contractor Base Bid Horizon Masonry Restoration, Inc. $282,000 Nichter Construction, Inc. $367,000 *Picone Construction Corporation $383,000 *Deemed non-responsive I hereby certify that the foregoing is a true and correct statement of all bids received and that Horizon Masonry Restoration, Inc., with a Base Bid of $282,000 + 10% contingency of $28,200 for a total amount of Three Hundred Ten Thousand Two Hundred Dollars & 00/100 ($310.200.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available in account #25123206-434000. SJS/RTS/BS/JLJ/dmr RECOMMENDED P- Rishawn T. Sonubi, Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works SIGNATURE OF DEPARTMENT HEAD: 3� STATEMENT OF COMPLIANCE TO REQUIREMENTS FOR THE CITY OF BUFFALO APPRENTICESHIP TRAINING PROGRAM Pursuant to New York State Labor Law 816-b, the City of Buffalo hereby requires all contractors and subcontractor entering into any construction contracts with the City of Buffalo to have established apprenticeship agreement appropriate for the type and scope of work to be performed under the contract, that have been approved by the NY, Commissioner of Labor. "Construction contract" shall mean any contract which involves construction, reconstruction, improvemen rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, c physical structure of any kind with a value in excess of $100,000. Any contractor or subcontractor entering into a construction contract with the City of Buffalo shall have in place the time of bid a NYS Department of Labor apprenticeship training program, which must be appropriate for the typ and scope of work to be performed, and may be either internal or through an organization servicing sever. contractors or subcontractors Any contractor or subcontractor entering a construction contract with the City of Buffalo shall make every effort t employ apprentices who reside in the City of Buffalo. Any contractor or subcontractor entering a construction contract with the City of Buffalo shall work toward meetin the minimal workforce diversification goals required by City ordinances in a manner consistent with said ordinance All bidders shall, with their bid, submit a statement committing to providing apprenticeship training opportunities t workers, and details of diversification recruiting programs directed at attracting candidates to fill positions to me( such requirements. Any bid received without this statement may be deemed non-responsive and rejected. Violation of any provision of this ordinance may constitute cause, grounds, or other legal justification fc termination of any contractual agreement with any contractor or subcontractor engaged in a construction contract c construction subcontract with the City of Buffalo, in accordance with the city, county, and state laws, rules, an regulations governing the termination of such contractual agreements. Hoievioa3 MAgoopti grcraormd 1*--- will comply with the Laws and Ordinances for the City (Company Wine) of Buffalo, including the Apprenticeship Training Program Ordin nce. Y V "v (///()- Pges)pwr Report of Bids — Connor, Kait Harrity Indoor Pool (Caz Pool) Wall and Window Replacement (South) (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 12, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Conner, Kait Harrity Indoor Pool (Caz Pool) Wall and Window Replacement, with Horizon Masonry Restoration, Inc., with a total amount of $310,200.00 (Base Bid of $282,000.00 + 10% contingency of $28,200.00 for a total amount of $310,200.00). Funding for this project is available in Account #25123206- 434000. PASSED AYES — 9 NOES 0 CaUserAlrucinski AppDatatLocaltMicrosoll WIndowstTemporaly Internet FileaontenlOutlookt0X32QVW6lReport of Bids-Caz Pool wall and window toplacemenLdocx 1 *AYE* NO * FEROLETO * * * _ * * * FONTANA * * * * * * FRANCZYK * * _. * * •* * GOLOMBEK * * * _ * * * PRIDGEN * * * RIVERA. * * * * * * SCANLON * ** * * * • WINGO * ** _ - * * * • WYATT * ** _ _ * * * [ MAJ - 5] [2/3 - 6] [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1728 PASSED July 19, 2016 Report of Bids- Correction Engine #28 Roof Project Gerald A Chwalinski City Clerk APPROVED JUL 2 8 2016 #1 (Key. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL PROM: DEPARTMENT: Public Works DIVISION: Buildings SUBJECT: DATE: 7/12/16 [: Report of Bids - Correction [: Engine #28 - Roof Project [: Lovejoy District 011 9 PRIOR COUNCIL REFERENCE: (IF ANY) {: I requested on April 6th, 2016 and received the following formal bids for the Engine #28 - Roof Project on April 20th, 2016. Contractor Base Bid Jameson Roofing Co., Inc. $ 257,509.00 Jos A. Sanders & Sons, Inc. $ 327,180.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that is Jameson Roofing Co., Inc. with a Base Bid of $257,509,000 + 10% contingency of $25,750.90 for a total amount of Two Hundred Seventy Thousand Three Hundred Eighty Four Dollars & 45/100 ($283,259.90), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available in account 33233406 — 445100 — Buildings. TL- -r SJS/RTS/SAG/jlj RECOMMENDED TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak Rishawn T. Sonubi, Deputy Commissioner of Buildings TYPE TITLE: Commissioner of Public Works, - SIGNATURE OF DEPARTMENT HEAD: Report of Bids — Correction — Engine #28 Roof Project (Lov) (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 12, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Engine #28 — Roof Project, with Jamison Roofing Co., Inc., with a total amount of $283,259.90 (Base Bid of $257,509.00 + 10% contingency of $25,750.90 for a total amount of $283,259.90). Funding for this project is available in Account #33233406-445100. PASSED AYES — 9 NOES — 0 ClUscrsUrocinski1AppDatakLocalNicrosofnWindows \Temporary Internct FilesTonicnt.Oullook \OX32QVW6Ulepon of Bids -Eng 28 roof projectdocx 4 FEROLETO FONTANA • FRANCZYK GOLOMBEK PR1DGEN •RIVERA SCANLON • WINGO WYATT [ 1 * * [MAJ - 5 ] * 0 [2/3 - 6] * 1 * * [3/4 - 7] City C'ierI's Departneiit BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1729 PASSED July 19, 2016 Report of Bids- MLK Jr. Park Casino Phase III Reconstr-CDBG APPROVED JUL 2 8 2016 J MAYOR Gerald A Chwalinski City Clerk #1 (Rev. 1/9k3) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works DIVISION: Buildings SUBJECT: DATE: 7/12/16 [: Report of Bids [: MLK Jr. Park Casino [: Phase III Reconstruction [: CDBG Project No.MC41-50203 [: Masten District 01 PRIOR COUNCIL REFERENCE: (IF ANY) [: I advertised on June 21st, 2016 and received the following sealed bids for the MLK Jr. Park Casino, Phase III Reconstruction, which were publicly opened and read on July 7th, 2016. General Construction: Base Bid Alt#1 Alt#2 Alt#3 Alt#4 *Nichter Construction, Inc. $427,000 $62,300 $32,000 $70,400 $6,000 Sicoli Construction Services, Inc. $620,700 $54,500 $33,600 $71,600 $8,500 Allstate General Contracting, Inc. $654,000 $57,200 $30,000 $86,400 $2,500 Hadala Construction, Inc. $789,000 $71,000 $40,000 $70,000 $10,000 *Bid Withdrawn by General Contractor Electrical: Base Bid CIR Electrical Const. Corp. $79,500 Mechanical: Base Bid Leo J. Roth Corp. $27,950 Clean Water Mechanical & Const. LLC $47,000 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction Electrical Construction Mechanical Construction Sicoli Construction Services, Inc. CIR Electrical Construction Corp. Leo J. Roth Corp. Base + Alts + 10% Cont. = Total $788,900 + $78,890 = $867,790 $ 79,500 + $ 7,950 = $ 87,450 $ 27,950 + $ 2,795 = $ 30.745 $896.350 + $89,635 = $985,985 J Bid price of Eight Hundred Ninety Six Thousand Three Hundred Fifty Dollars ($896,350) + 10% contingency of Eighty Nine Thousand Six Hundred Thirty Five Dollars ($89,635) for a total of Nine Hundred Eighty Five Thousand Nine Hundred Eight Five Dollars and 00/100 ($985,985.00). The Department of Public Works, Parks and Streets (DPW) and The Buffalo Urban Renewal Agency (BURA) have been working with Sicoli Construction Services, Inc. regarding compliance with the specifications for MWBE and Section 3 requirements which are part of the bid. In the event that Sicoli Construction Services, Inc. is found to be non-compliant as determined by BURA Counsel and/or Corporation Counsel, I respectfully request that a contract award be made to Allstate General Contracting, Inc. in the amount of: $654,000 Base Bid + $176,100 Alternates 1-4, + $83,010 10% contingency, for a Total Amount of Nine Hundred Thirteen Thousand One Hundred Ten Dollars and 00/100 ($913,110.00). I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order work on the basis of the lowest responsible bid. Funding for this project is available in accounts DA9B2037- IDIS#9308, IDIS#9309, and account DJ9B2037-IDIS 9135. tr. ) SJS/RS/FG/BTS/JLJ/dmr RECOMMENDED, TYPE DEPARTMENT 1-1 AD NAME: Steven J. Stepniak TYPE TITLE: Rishawn T. Sonubi, Deputy Commissioner of Buildings Commissioner of Public Works, P kii Streets SIGNATURE OF DEPARTMENT HEAD: Report of Bids — MLK Jr. Park Casino Phase III Reconstruction (Masten) (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 12, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the MLK, Jr. Park Casino, Phase III Reconstruction, with the following: General Construction Sicoli Construction Services, with a total bid of $867,790 (base bid of $788,900 + 10% contingency of $78,890 for a total bid of $867,790) Electrical Construction CIR Electrical Construction Corp., with a total bid of $87,450 (base bid of $79,500 + 10% contingency of $7,950 for a total bid of $87,450) Mechanical Construction Leo J. Roth Corp., with a total bid of $30,745 (base bid of $27,950 + 10% contingency of $2,795 for a total bid of $30,745). In the event that Sicoli Construction Services Inc. is found to be non-compliant as determined by BURA Counsel and/or the Corporation Counsel with respect to the specifications for MWBE and Section 3 requirements which are part of the bid, the Commissioner of the Department of Public Works, Parks and Streets is hereby authorizes to enter into an agreement for general construction with Allstate General Contracting, Inc., with a total bid of $913,110 (base bid of $654,000 + Alts. 1-4 $176,100 + 10% contingency of $83,010 for a total amount of $913,110). Funding for this project is available in Accounts #DA9B2037-IDIS#9308, IDIS#9309 and DJ9B2037-IDIS 9135. PASSED AYES — 9 NOES — 0 C:\UsersUrucinsld\AppData\Loca1Microsoft\Windows\Temporary Internet Files \ContentOmlook\OX32QV W6\Report of Bids-MLK Park Casino Ph 3.docx 3' *AYE NO * FEROLETO * * * * * * FONTANA * * * * FRANCZYK * * * * * * GOLOMBEK * * * PRIDGEN * * * * * * RIVERA * * * * SCANLON * * * * WINGO * ** * * * WYATT * ** * * $#1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council FROM: DATE: July 11, 2016 DEPARTMENT: Public Works, Parks & Streets DIVISION: Sanitation SUBJECT: [: Report of Bids [: Recyclable Material Collection and Processing PRIOR COUNCIL REFERENCE: (IF ANY) [: None The following bids were received for the subject project: Contractor Waste Management of NY, LLC 100 Ransier Dr. West Seneca, NY 14224 Modern Recycling, Inc. 4746 Model City Rd. Model City, NY 14107 Allied Waste Services of NA, LLC 2321 Kenmore Ave. Buffalo, NY 14207 Weekly Collection Bi -weekly collection Base Bid Base Bid No Bid $2,815,599.76 $3,021,773.00 No Bid $2,242,722.00 $2,124,684.00 I respectfully recommend that a contract be awarded to the low bidder for weekly service, Modern Recycling, Inc. The proposed term of the contract is five years starting on January 1, 2017 with the option for no greater than one (1) five year renewal at the mutual agreement of both parties. In addition, the contract calls for an annual price adjustment. The contract will be subject to approval as -to -form by Corporation Counsel. Funds for this contract are available in #52002606-442100 and or an account(s) to be named at a later date. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by August 14, 2016. Individual bid submissions are available in our office for inspection and copies are available upon request. Since the new service provider needs to undertake a significant investment in equipment and personnel to begin operations on January 1, 2017, we respectfully request that Your Honorable Body approve this request with a deliberate speed. SJS:DE:HJ:SCA Recommended: TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak REFERRED TO THE COMMITTEE ON FINANCE. Henry Jackson, Deputy Commissioner, Streets/Sanitation TYPE TITLE: Commissioner of i nks P. : Streets SIGNATURE OF DEPARTMENT HEAD: 9 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1731 PASSED July 19, 2016 Report of Bids- Road Improv to Warren Spahn Way Group 849 APPROVED 1 Yr MAYO JUL 2 8 2016 Gerald A Chwalinski City Clerk $#1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: July 14, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets O t"131 31 DIVISION: Engineering SUBJECT: [: Report of Bids [: Road Improvements to Warren Spahn Way [: DPW Group 849 [: South District PRIOR COUNCIL REFERENCE: (IF ANY) [: None In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The fmal cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Contractor Base Bid 1) Destro & Brothers Concrete Co. Inc. $324,939.68 411 Ludington St. Buffalo, NY 14206 2) Occhino Paving $326,624.15* 2650 Seneca St. West Seneca, NY 14224 3) Louis Del Prince $359,999.00 580 Cayuga Rd. Cheektowaga, NY 14225 4) Milherst Construction $372,039.00 P.O. Box 430 Clarence Center, NY 14032 5) Mark Cerrone, Inc. $444,000.00 2368 Maryland Ave. Niagara Falls, NY 14305 6) Nova Site Company $447,030.65 6 Lena Ct. West Seneca, NY 14224 I hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co. Inc. I respectfully recommend a contract award in the amount not to exceed $ 324,939.68. Funds for this contract are available in Grant account 32310006-445100 and/or an account to be named at a later date. The engineer's estimate for this work is $300,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by August 27, 2016. Individual bid submissions are available in our office for inspection and copies are available upon request. Please find attached a copy of the statement of compliance for the requirements for the City of Buffalo Apprenticeship Training Program signed by the low bidder. *Adjusted amount SJS:MJF:SMB:kem Reccommended: MA/ Michael J. Finn, P.E., City Engineer TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of P� ar s, Parks ; eets SIGNATURE OF DEPARTMENT HEAD: _.:.:.,.....:,..:.:ST TEMENT,OF.:COMPL ,.::...:......:.: : .. TO REQUIREMENTS FOR THE CITY OF BUFFALO APPRENTICESHIP TRAINING PROGRAM Pursuant to New York State Labor Law 816-b, the City of Buffalo hereby requires all contractors and subcontractors entering into . any 'construction . contracts with the City of Buffalo to have established apprenticeship agreements appropriatefor the type and scope of work to be performed under the contract, that have been approved by the NYS Commissioner of Labor. "Construction contract" .. shall mean any contract : which involves construction, .reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, or physical structure of any kind with a value in excess of $100,000. Any contractor or subcontractor entering into a construction contract with the City of Buffalo shall havein place at the time of bid (or in any event no later than the time of award of contract) a NYS Department of Labor apprenticeship training program, which must be appropriate for the type and scope of work to be performed, and may be either internal or through an organization servicing several contractors or subcontractors Any contractor or subcontractor entering a construction contract with the City of Buffalo shall make every effort to employ apprentices who reside in the City of Buffalo. .. Any.,contractor or , subcontractor .. entering a construction .:contract with the City of ;Buffalo shall :work toward meeting the minimal :workforce diversification goals required by City ordinances in a manner consistent with said ordinances::... All;bidders :shall, with their bid, subnut a statement .:committing ;to,. providing apprenticeship:'training . opportunities to ;workers Any bid received without this statement may be:.deemed non-responsive and refected. Violation of any provision of this :ordinance may constitute cause, grounds, or other legal justification,for termination Of any contractual agreement with any contractor .or subcontractor engaged in a construction contract or :construction subcontract with the City. of Buffalo, in accordance with the city, county, and state Iaws, rules, and regulations governing the termination of such contractual agreements: will comply with the Laws and Ordinances for the City of Buffalo, including the Apprenticeship Training Program Ordin 167/ STATEMENT OF COMPLIANCE TO REQUIREMENTS FOR THE CITY OF BUFFALO APPRENTICESHIP TRAINING PROGRAM Pursuant to New York State Labor Law 816-b, the City of Buffalo hereby requires all contractors and subcontractors entering into any construction contracts with the City of Buffalo to have established apprenticeship agreements appropriate for the type and scope of work to be performed under the contract, that have been approved by the NYS Commissioner of Labor. "Construction contract" shall mean any contract which involves construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building.. facility, or physical structure of any kind with a value in excess of $100,000. Any contractor or subcontractor entering into a construction contract with the City of Buffalo shall have in place at the time of bid a NYS Department of Labor apprenticeship training program, which must be appropriate for the type and scope of work to be performed, and may be either internal or through an organization servicing several contractors or subcontractors Any contractor or subcontractor entering a construction contract with the City of Buffalo shall make every effort to employ apprentices who reside in the City of Buffalo. Any contractor or subcontractor entering a construction contract with the City of Buffalo shall work toward meeting the minimal workforce diversification goals required by City ordinances in a manner consistent with said ordinances. All bidders shall, with their bid, submit a statement committing to providing apprenticeship training opportunities to workers, and details of diversification recruiting programs directed at attracting candidates to fill positions to meet such requirements. Any bid received without this statement may be deemed non- responsive and rejected. Violation of any provision of this ordinance may constitute cause, grounds, or other legal justification for termination of any contractual agreement with any contractor or subcontractor engaged in a construction contract or construction subcontract with the City of Buffalo, in accordance with the city, county, and state laws, rules, and regulations governing the termination of such contractual agreements. Sirkt any Nal ) CV4444g will comply with the Laws and Ordinances for the City of Buffalo, including the Apprenticeship Training Prot =."fiance. ATP - 1 Report of Bids — Road Improvements to Warren Spahn Way (South) (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 14, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for Road Improvements to Warren Spahn Way, with Destro & Brothers Concrete Co. Inc., with a total amount of $324,939.68. Funds for this contract are available in Grant Account #32310006-445100 and/or an account to be named at a later date. PASSED AYES — 9 NOES — 0 C:\UsersUmcinskiV.ppData\Loca1Microsoft\Windows\Temporary Internet Files\ContenLOuticok\OX32QV W6Uteport of Bids -Warren Spann Way.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] *AYE* NO * * * * * * * * * * 0 -- City Clerk's Department BUFFALO July 22, 2016 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1732 PASSED July 19, 2016 Report of Bids -Schiller Pk Concession Bldg Gerald A Chwalinski City Clerk APPROVED kl (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 13, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks SUBJECT: [: Report of Bids [: Schiller Park Concession Building [: Public Facilities Improvements [: CDBG Project No. SPK41-50200 PRIOR COUNCIL REFERENCE: (IF ANY) TEXT: 0 r131 I advertised for bids on July 5, 201616 and received the following formal bids for the Schiller Park Concession Building Facilities Improvements on July 12, 2016. Contractor Base Bid Miller Enterprises, Inc. $89,500.00 Nitcher Construction, Inc. $97,800.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, Inc. with a total bid of $89,500.00 plus a 10% contingency of $8,950.00 for a total amount of Ninety Eight Thousand Four Hundred Fifty 00/100 Dollars ($98,450.00) is the lowest responsible bidder in accordance with the plans and specifications. This project is being carried out with federal financial aid from the Community Development Block Grant (CDBG) from the United States Department of Housing and Urban Development (HUD). I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order on the basis of the lowest responsible bid. Funding for this project is available in account #DA9B2007-470000, DJ9B2037-470000, CI9B2007-470000 and CH9B2007-470000. SJS/ARR/FG/rmm RECOMMENDED Andrew R. Rabb Deputy Commissioner for Parks & Recreation TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public WorksParks4ncLStrets SIGNATURE OF DEPARTMENT HEAD: Report of Bids — Schiller Park Concession Building — Public Facilities Improvements (Lov) (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 13, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Schiller Park Concession Building Facilities Improvements, with Miller Enterprises, Inc., with a total bid of $98,450.00 (base bid of $89,500.00 + 10% contingency of $8,950.00 for a total bid of $98,450.00). Funding for this project is available in Account #DA9B2007-470000, DJ9B2037-470000, CI9B2007- 470000 and CH9B2007-470000. PASSED AYES — 9 NOES — 0 C:\UsersUrucinskiVAppDataU.oca1\Microsoft\Windows\Temporary Internet Files \Content Outlook\0X32QV W6\Rcport of Bids -Schiller Park Concessions bldg.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] *AYE* NO * * * * * - City Clerk's Department BUFFALO July 22, 2016 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1733 PASSED July 19, 2016 Report of Bids -Turner & Augspurger Pkg Structures Rehab Proj APPROVED JUL 28 2016 /1-kh MAYOR Gerald A Chwalinski City Clerk #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: July 14, 2016 0. X?3 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Parking SUBJECT: [Report of Bids [Turner & Augspurger Parking Structures Rehabilitation Project [Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) This is to advise your Honorable Body that I requested and received bid proposals on July 7, 2016 for Turner & Augspurger Parking Ramps Structures Rehabilitation Project. Contractor Base Bid Alternate 1 Alternate 2 Alternate 3 Crane -Hogan Structural Systems Inc. $2,352,334.50 $147,325.00 $219,740.00 $158,075.00 3001 Brockport Rd. Spencerport, NY 14559 Patterson -Stevens, Inc. 400 Sawyer Ave. Tonawanda, NY 14151 $2,605,468.70 $175,245.00* $167,410.00 $121,385.00 I hereby certify that the lowest responsible bidder is Crane -Hogan Structural Systems, Inc. and respectfully recommend that your Honorable Body authorize the base bid and alternates for a total contract amount not to exceed $2,877,474.50. Funds are available in the parking Enterprise Fund, Capital Reserve Account # 51008207- 470010 and account(s) to be named at later date. The engineer's estimate for this project is $3,396,980.40. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by August 21, 2016. Individual bid submissions are available in our office for inspection and copies are available upon request. Please find attached a copy of the statement of compliance for the requirements for the City of Buffalo Apprenticeship Training Program signed by the low bidder. *Adjusted amount SJS/MJF/SAG/kem Recommended: DEPARTMENT HEAD NAME: invA. Title: Michael J. Finn, P.E., City Engineer Steven J. Stepniak TITLE: Commissioner of Publ. r1Carks SIGNATURE OF DEPARTMENT HEAD: Report of Bids — Turner and Augspurger Parking Structures Rehabilitation Project (Ell) (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 14, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Turner and Augspurger Parking Structures Rehabilitation Project, with Crane -Hogan Structural Systems, Inc., with a total bid of $2,877,474.50 (base bid of $2,352,334.50 + Alt.#1 $147,325.00 + Alt.#2 $219,740.00 + Alt.#3 $158,075.00 for a total bid of $2,877,474.50). Funds are available in the Parking Enterprise Fund, Capital Reserve Account #51008207-470010, and an account(s) to be named at a later date. PASSED AYES — 9 NOES — 0 C:\UsersUrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outtook\OX12QV W6\Iteport of Bids -Turner and Augspurger ramps.docx -wt t_e_c 4 \) City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1734 PASSED July 19, 2016 Request for Authorization to Amend Agmt Btwn COB and Bflo Olmsted Pks Conservancy APPROVED JUL 282016 n MAYOR Gerald A Chwalinski City Clerk #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 6, 2016 0 I 7 9 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Parks & Recreation PRIOR COUNCIL REFERENCE: (IF ANY) SUBJECT: [: Request for Authorization to [: Amend Agreement between [: the City of Buffalo and [: Buffalo Olmsted Parks Conservancy [: Authorization is hereby requested from Your Honorable Body to amend the agreement between the City of Buffalo and the Buffalo Olmsted Parks Conservancy. A copy of the proposed 2016 Amendatory Agreement is attached to this communication. Thank you for your consideration. RECOMMENDED BY: Andrew Rabb, Dep. Commissioner for Parks & Rec TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: Cc: Andrew Rabb, Dep. Commissioner Parks & Recreation Michael Finn, P.E., City Engineer \\O'c �y AMENDATORY AGREEMENT This 2016 Amendatory Agreement, effective July, 2016 is between the City of Buffalo ("City"), a municipal corporation, with its principal office at 502 City Hall, Buffalo, New York and Buffalo Olmsted Parks Conservancy, Inc. (the "Conservancy") a New York not-for-profit corporation with its principal office located at 84 Parkside Avenue, Buffalo, New York. This language amends the Agreement between County of Erie and the Conservancy dated and effective as of July 1, 2004 (the "2004 Agreement"), which agreement was assumed by the City effective December 30, 2009, and amended as ofJanuary 1, 2010 (the "2010 Amendatory Agreement"). The 2010 Amendatory Agreement is hereby amended as follows: 1. Item numbered 3, first bullet point of the 2010 Amendatory Agreement shall be replaced with the following: • first, substitute "$1,100,000 (which amount includes the compensation to be paid pursuant to section 9(a) of the 2004 Agreement prior to the effective date of the 2010 Amendatory Agreement with respect to the original 12 employees who have ceased assignment to the Olmsted Parks and Parkways)" for "$329,190"; 2. Item numbered 3, third bullet point of the 2010 Amendatory Agreement shall be replaced with the following: • third, add to that paragraph the following sentence: "In addition the City shall pay to the Conservancy, in bi-annual payments each year, one dollar for every two dollars raised by the Conservancy from private non-governmental donors or sources for management of the Olmsted Parks and Parkways as described herein, such payment by the City not to exceed $300,000 in the aggregate annually." IN WITNESS WHEROF, the parties to this 2016 Amendatory Agreement have signed and delivered this Agreement as of the day and year above written. CITY OF BUFFALO BUFFALO OLMSTED PARKS CONSERVANCY, INC. Mayor Stephanie Crockatt Executive Director Date: Date: State of New York) County of Erie) ss On day of in the year 2016, before me the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public ********************************************* State of New York) County of Erie) ss On day of in the year 2016, before me the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Authorization to Amend Agreement between the City of Buffalo and Buffalo Olmsted Parks Conservancy (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 6, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an Amendatory Agreement between the City of Buffalo and Buffalo Olmsted Parks Conservancy, Inc. to amend the 2010 Amendatory Agreement as follows: 1. Item numbered 3, first bullet point of the 2010 Amendatory Agreement shall be replaced with the following: • first, substitute "$1,100,000 (which amount includes the compensation to be paid pursuant to section 9(a) of the 2004 Agreement prior to the effective date of the 2010 Amendatory Agreement with respect to the original 12 employees who have ceased assignment to the Olmsted Parks and Parkways)" for "$329,190"; 2. Item numbered 3, third bullet point of the 2010 Amendatory Agreement shall be replaced with the following: • third, add to that paragraph the following sentence: "in addition the City shall pay to the Conservancy, in bi-annual payments each year, one dollar for every two dollars raised by the Conservancy from private non-governmental donors or sources for management of the Olmsted Parks and Parkways as described herein, such payment by the City not to exceed $300,000 in the aggregate annually." PASSED AYES — 9 NOES -0 C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.OutlookU5MLCIH5\Amendatory Agreement -Olmsted Parks.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WING() WYATT [ ] [MAJ- 5 [ 2/3 - 6 ] [3/4 - 7] 0 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1735 PASSED July 19, 2016 Request for Authorization to Accept Greenway Grant Funds, Awarded to Bflo Olmsted Pks Conserv for Cazenovia and Delaware Parks PPROVED JUL 28 2016 I(6741^S-In MAYOR Gerald A Chwalinski City Clerk #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Parks & Recreation July 6, 2016 SUBJECT: [: Request for Authorization to [: Accept Greenway Grant Funds, [: Awarded to Buffalo Olmsted [: Parks Conservancy for Improvements [: to Cazenovia and Delaware Parks PRIOR COUNCIL REFERENCE: (IF ANY) [: Authorization is hereby requested from Your Honorable Body to accept the following park improvements as funded by 2016 Greenway Grant awarded to the Buffalo Olmsted Parks Conservancy: Cazenovia Park — Shoreline and Trails: $557,960 Delaware Park — Rumsey Woods Trails: $176,770 Thank you for your consideration. RECOMMENDED BY: Andrew Rabb, Dep. Commissioner for Parks & Rec TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: Cc: Andrew Rabb, Dep. Commissioner Parks & Recreation Michael Fin, P.E., City Engineer Authorization to Accept Greenway Grant Funds, Awarded to Buffalo Olmsted Parks Conservancy for Improvements to Cazenovia and Delaware Parks (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 6, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept the following park improvements as funded by the 2016 Greenway Grant awarded to the Buffalo Olmsted Parks Conservancy: Cazenovia Park — Shoreline and Trails: $557,960 Delaware Park — Rumsey Woods Trails: $176,770 PASSED AYES — 9 NOES — 0 C:\Users\Irucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\OX32QV W6\Accept Grant Funding-Caz and Delaware Park improvements.docx 43 • 1 *AYE* NO * FEROLETO * * * _ * * * FONTANA * * * * * * FRAN CZYK * * _ . * * * * GOLOMBEK * * * - * * * PRID GEN * * * - * * * RIVERA * * * -* * * SCANLON * * * * -* * WINGO * ** _ - * * * " WYATT * ** 11 [ MAJ - 5] [ 2/3 - 6] [ 3/4 - 7] * 0* City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1736 PASSED July 19, 2016 Request for Authorization to Accept Greenway Grant Funds, for Improv to LaSalle Pk and Jesse Kregal-Shoreline Trail Connector Gerald A Chwalinski City Clerk OVED JUL 2 8 2016 \1O #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 0177 TO: THE COMMON COUNCIL DATE: July 6, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Parks & Recreation PRIOR COUNCIL REFERENCE: (IF ANY) SUBJECT: [: Request for Authorization to [: Accept Greenway Grant Funds, [: for Improvements to LaSalle Park [: and Jesse Kregal - Shoreline Trail [: Connector [: Authorization is hereby requested from Your Honorable Body to accept the following park improvements as funded by 2016 Greenway Grant awarded to the City of Buffalo: LaSalle Design and Waterfront Access: $65,000 Jesse Kregal - Shoreline Trail Connector: $400,000 Thank you for your consideration. RECOMMENDED BY: Andrew Rabb, Dep. Commissioner for Parks & Rec TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: Cc: Andrew Rabb, Dep. Commissioner Parks & Recreation Michael Finn, P.E., City Engineer Authorization to Accept Greenway Grant Funds, Awarded to Buffalo Olmsted Parks Conservancy for Improvements to LaSalle Park ad Jesse Kregal — Shoreline Trail Connector (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 6, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept the following park improvements as funded by the 2016 Greenway Grant awarded to the Buffalo Olmsted Parks Conservancy: LaSalle Design and Waterfront Access: $65,000 Jesse Kregal — Shoreline Trail Connector: $400,000 PASSED AYES — 9 NOES 0 14A CAUsers kucinski AppData \Local \Microsoft MindowslTemporary Internet FilesTontent.Outlook OX32QVW6 \ Accept Grant Funding -LaSalle and Jesse Kregal Park improvements.docx vviy,ays° 06 sepa4.,01 #4 (Rev 7-07) Cp Certificate of Appointment . 0 1.7 ` s/ In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: lit ihp in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Assistant For External Affairs (Special Events) Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 40,373 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX - DATE LAST 4 DIGITS OF SSN. XXX -XX - NAME Bridget B. Houck ADDRESS 92 Wallace Ave.. CITY & ZIP Buffalo 14214 NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE I 30q 0O0I TITLE CODE NO 1821 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-30i SALARY RANGE OF POSITION $40,373 PER YEAR DAY HOUR . YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/30/16 ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) SIGNATURE OF APPOINTING AUTHORITY: #4 (Rev 7-07) Certificate of Appointment 0 728 In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Engineering Director of Special Events Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) FLAT $ 79,848 DATE LAST 4 DIGITS OF SSN. XXX -XX - DATE LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE EXEMPT NAME Nicole Drye ADDRESS 73 Villa Ave. CITY & ZIP Buffalo 14216 NAM E ADDRESS CITY & ZIP 13090001 411001 PROJ.ID $79,848 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 7/1/16 TITLE CODE NO 1455 PERSONNEL REQ. NO 2015-304 PER YEAR DAY HOUR YEAR ORIGINAL + 2 COS TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) J July 19, 2016 FROM THE COMMISSIONER OF POLICE o "1 1 '1'& OA City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1739 PASSED July 19, 2016 Acceptance of Donation -2 Mountain Bikes from Delaware North Gerald A Chwalinski City Clerk OVED JUL 2 8 2016 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: Julv 15. 2016 FROM: DEPARTMENT: DIVISION: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) I : Ex. (Item No. xxx. C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) POLICE I : Acceptance of Donation 01 The Buffalo Police Department was recently notified by Delaware North Company that they wish to donate two (2) mountain bikes, fully outfitted, to the "B" District to be utilized by Police Officers to conduct downtown bike Patrols. The bikes will be an addition to the bikes already utilized by the Buffalo Police Department for such patrols. The Buffalo Police Department hereby requests approval and permission from your Honorable Body to accept this donation. If approved, the bikes will be placed in BPD inventory records and assigned to the "B" District as stated. DD/jws TYPE DEPARTMENT HEAD NAME: DANIEL DERENDA TYPE TITLE: COMMISSIONER OF POLICE SIGNATURE OF DEPARTMENT HEAD: 016 Acceptance of Donation (Police) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department dated July 15, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept a donation from Delaware North Company of two (2) mountain bikes, fully outfitted, to the "B" District to be utilized by Police Officers to conduct downtown bike patrols. The bikes will be an addition to the bikes already utilized by the Buffalo Police Department for such patrols. PASSED AYES 9 NOES — 0 CAUsersUrucinski\ AppData\LocalWricrosofhWindows\ Temporary Internet FilesTontent.Outlook \OX32QVW6 Acceptance of Donation.doex FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO • WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] * * * * City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July.,, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1740 PASSED July 19, 2016 Approval to Purchase New Police Vehicles APPROVED JUL 2 0 2016 ) ViPvlfr\ &OR \ 1 Gerald A Chwalinski City Clerk rU SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: July 8, 2016 FROM: DEPARTMENT: DIVISION: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) I : Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) POLICE I : Approval to purchase new police vehicles 0 The Buffalo Police Department has received funding in the upcoming 2016/2017 fiscal year budget for marked and unmarked vehicles. Therefore, the Buffalo Police Department hereby requests permission from your honorable body to begin the purchase process for the following vehicles: Up to 20 marked vehicles from the 2016/2017 fiscal year budget Up to 12 unmarked vehicles from the 2016/2017 fiscal year budget The Buffalo Police Department and the Purchase Department will follow local procurement guidelines and will obtain the best possible price for the make and model vehicles that are decided upon. The actual number of vehicles purchased will be dependent on price, the required options, and the cost of additional equipment needed to complete the vehicles. In addition, the above purchase will be used to replace older vehicles that will be removed in the near future from the Buffalo Police Fleet, either through auction or parts cars. Some of the equipment from these older vehicles, i.e. MCT's, docking stations, mobile radios, modems, etc. will be transferred to the new vehicles, thus keeping the overall cost of the new vehicles at the lowest point possible. If you have any questions or concerns, please contact Inspector Joseph Strano at 851-4879. Thank you in advance for your cooperation and expediency in addressing this matter. DD/jws Ilwa 4111k _ palm UGC TYPE DEPARTMENT HEAD NAME: DANIEL DERENDA TYPE TITLE: COMMISSIONER OF POLICE SIGNATURE OF DEPARTMENT HEAD: \ FEROLETO FON1ANA. GOLOMBEK RIVERA- wiNGO vv ^^.^_ ^-. * � �* ^' ��NO^- - ' * p * * SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT: DIVISION: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xxl TEXT: (TYPE SINGLE SPACE BELOW 16 -DEA -617490 16 -DEA -616730 13 -FBI -004742 16 -DEA -618260 15 -DEA -614270 16 -DEA -616594 14 -DEA -594491 14 -DEA -594489 15 -DEA -614248 16 -DEA -618833 12 -DEA -556314 16 -DEA -618007 15 -DEA -607408 16 -DEA -616382 16 -DEA -617077 10 -DEA -525193 14 -FBI -005419 15 -DEA -614423 14 -FBI -006792 15 -DEA -616098 16 -DEA -618261 June 30, 2016 POLICE 1: Drug Asset Forfeiture Wire Transfers 1 1 :Item No. 104, C.C.P. 2/2/88 M -16 -A44 -P-806456 M -16 -A44 -P-806453 M -16 -A44 -P-806449 M -16 -A44 -P-806457 M -16 -A44 -P-806448 M -16 -A44 -P-806447 M -16 -A44 -P-806455 M -16 -A44 -P-806445 M -16 -A44 -P-806460 M -16 -A44 -P-806461 M -16 -A4.4 -P-806451 M -16 -A44 -P-806454 M -16 -A44 -P-806452 M -16 -A44 -P-806450 M -16 -A44 -P-806458 M -16 -A44 -P-806459 M -16 -A44 -P-806446 M -16 -A44 -P-811453 M -16 -A44 -P-811452 M -16 -A44 -P-811454 M -16 -A44 -P-811455 DEA/FBI/US CUSTOMS TOTAL $ 1,939.86 $ 498.91 $ 215.50 $ 2,084.35 $ 1,579.21 $ 3,383.64 $ 966.61 $ 14,760.00 $ 1,706.25 $ 402.77 $ 335.12 $ 2,047.50 $72,331.59 $ 300.44 $ 6,770.79 $27,942.01 $ 113.60 $ 3,524.23 $12,048.50 $ 5,381.41 $ 3,687.25 $162,019.54 0174: The Drug Enforcement Administration (DEA), U.S. Customs and/or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000-389001. These funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training/Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851-4624. RECEIVED AND FILED DJR/jws TYPE DEPARTMENT HEAD NAME: CHIEF DENNIS J. RICHARDS TYPE TITLE: CHIEF OF INVESTJ ATIVE SERVICES SIGNATURE OF DEPARTMENT HEAD: STATE OF NEW YORK COUNTY OF New York State Division Of Criminal Justice Services ASSETS FORFEITURE REPORTING PROGRAM ss: AFFIDAVIT pursuant to Civil Practice Law and Rules 1311(11)(c) ERIE ) CHIEF DENNIS RICHARDS , as (claiming agent) (claiming authority), being duly (Name) sworn, depose and state that on 06/07, 06/22, 06/24 & 06/27/16 , the BUFFALO POLICE DEPARTMENT (Agency) (Date) received WIRE TRANSFERS having an estimated present value of $ 162,019.54 (check, vehicle, personal property, etc.) (Amount) pursuant to chapter thirteen of Food and Drug Laws (21 U.S.C. 801 et seq.) of the United States and/or chapter four of the Customs Duties Laws (19 U.S.C. ' 1301 et seq.) of the United States and/or chapter 96 of the Crimes and Criminal Procedure Laws (18 U.S.C. ,1961 et seq.) of the United States. On the 30 day of (Day beMiS P-,chrd S (Name) that sA is employed by the L ----signature CHIEF OF INVESTIGATIVE SERVICES J L1 1`Ls�_ (Month) Title in the year DATE: 06/30/2016 , before me personally came (Year) to me known, who, being by me duly sworn, depose and say li2itiffiI.a Vbi _. . (Agenc was authorized by and did execute the above affidavit at the direction of said entity and that she and that s/6 signed he() name thereto. Notary Public JEIVIVIwt_NN j'+WAIVIUtJ NOTARY PUBLIC, STATE OR NV QUALIFIED IN ERIE COUNTY COMMISSION EXPIRES 01/11120 .'' Mail to: NYS Division of Criminal Justice Services Assets Forfeiture Reporting Program Office of Public Safety 80 South Swan Street Albany, NY 12210 COPYRIGHT 8 1995 NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES (July 2005) 06/30/2016 10:59 jstanchak CITY OF BUFFALO SCHEDULE. OF DEPARTMENT PAYMENTS TO TREASURER RECEIPT DESCRIPTION/REFERENCE ACCOUNT REF #: DEPT/LOC: POLICE DATE: Jun. 30, 2016 2696933 DRUG ASSET FORFEITURE 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 2001000.0 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 **** RECEIPT TOTAL TOTAL COLLECTED/TURNED OVER: REPRESENTING COLLECTION FROM: 06/30/2016 TO 06/30/2016 REF #: OC °PONCE DATE: Jun. 30, 2 016 SIGNATURE: ACCOUNT DESCRIPTION 162,019.54 162,019.54 6ri TITLE : ,c4 t t NZ f, 11 i1A,? i1IJCk \ DEPARTMENT SUMMARY 2001.0000 389001 DEA PROP MISC REVENUE IP 1 ardptpmt • AMOUNT 1,939.86 498.91 215.50 2,084.35 1,579.21 3,383.64 966.61 14,760.00 1,706.25 402.77 335.12 2,047.50 72,331.59 300.44 6,770.79 27,942.01 113.60 3,524.23 12,048.50 5,381.41 3,687.25 45) 4Z') �!� 4c, AMOUNT (t 62,019.54 FROM THE COMMISSIONER OF FIRE July 19, 2016 10- 01742 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: July 18, 2016 FROM: DEPARTMENT: 210 Fire SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xxl [:Purchase of Fire Response Vehicles The Buffalo Fire Department respectfully requests permission to purchase two (2) 2016 Ford Explorer response vehicles. These vehicles will be assigned to Deputy Commissioners, when appointed and will be used by them 24/7. The purchase price is $26,973.00/vehicle and reflects a commitment by the vendor to hold the pricing to 2015 rates. SIGNATURE DEPARTMENT H D TITLE : Ga II W. Wh • Id, Jr. GWW/bb REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CORPORATION COUNSEL July 19, 2016 #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) namedin Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of July 1, 2016 Law Office of New Americans Secretary to the Office of New Americans e•Ke P I Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) .-PROVISIONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY (Insert one) FLAT $ 41,180/year NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX-XX-XXXX LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX - BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE 10546001 411001 PROJ. ID $41,180 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Tracy King 234 Rodney Avenue Buffalo, NY 14214 TITLE CODE NO PERSONNEL REQ. NO PER YEAR DAY HOUR Timothy A. Bali Corporation Counsel July 1, 2016 -44 0333 2015-299 YEAR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES July 19, 2016 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1744 PASSED July 19, 2016 Food Store(New) 833 Tonawanda Gerald A Chwalinski City Clerk APPROVED JUL 28 2016 To: The Common Council: From: Department Permit & Inspection Services Division: Type in Upper and 1 1 Lower Case Only Office of Licenses Subject: Prior Council Reference: (If Any) Ext. (Item No. xxx. C.C.P. xx/xx/xx): Text (Type Single Space Below): [: Food Store (New) [: 833 TONAWANDA [: FST16-10028032 [: NORTH [: Date: July 5, 2016 7 Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 833 TONAWANDA (KHIN SHWE/1VIYANMAR CHIN FAMILY CONVENIENCE) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: COMMISS'ER Signature of Department Head: JC:PS:jd '37C/ 0 nterdepartmental Memo Date: July 5, 2016 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Food Store at 833 TONAWANDA Per City of Buffalo Ordinance Chapter 194, the following is a check list of requirements for Food Store application to the Common Council: Application `' Ll( Applicant Notifcation ❑ Building Inspection Collection Office ❑ Fire Prevention ❑ Police Department Zoning Office t-7) Directortrmit & Inspection Services 1 Date 4'› T I" ICf 11 - CITY OF BUFFALO - LICENSE APPLICATION 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (716) 851-1078 Fax. (716) 851-4952 - - Type of Entity 0 Corporation 0 Partnership fee D Sole Proprietor fee 0 Restaurant 1-200 seats $174.00 0 201-400 seats $250.00 0 4004 seats $350.00 o Yes 0 No Selling alcoholic beveraees? 0 Certificate of Inspection $56.00 (Public Assembly) Restaurant 50+ seats 0 Coin Control Amusement # games per game $47.25 0 Arcade # games_ per game $47.25 COMMON COUNCIL REQUIRED 0 Music mechanical $52.50 0 Music live, no dancing 0 News Stand Corporation Name Business Name (dba) O Restaurant Dance 0 Floor Show $367.50 0 Live Music $210.00 0 Mechanical $131,25 COMMON COUNCIL REQUIRED 0 Public Dance (based ort sq fl) COMMON COUNCIL REQUIRED 0 GoGo Dancing $13125 COMMON COUNCIL REQUIRED 0 Skating Rink $210.00 COMMON COUNCIL REQUIRED 0 Bowling Alley per lane $31.50 # lanes $52.50 0 Billiard Parlor per table $31.50 # tables COMMON COUNCIL REQUIRED $63.00 r)i) an cria 0 Limited Liability ConIPPY fee Rotaurant.Take Out $ 88.00 Food Store $115.00 MMON COUNCIL REQUIRED 0 Meat Fish Poultry $150.00 . 0 Caterer 0 Bakery 0 0-2 employees $ 88.00 $ 63.00 0 3-10 employees $105.00 0 11-15 einployees $157.00 0 26-50 employees $315.00 0 51-200 employees $525.00 in riftrijitti CoD\it fg /Business Phone ( Business Fax ( Business Address (no PO Box), S. 3 Toi)�.k.001/4 0(4 CA, M.ailing Address (if different) P-2,Ccy vrIOUr S NYS Tax ID # 2129Business Website / Owings)/ Principal Pipctnfrs Applicant (last, first) ) i" k_k )1 /.) I ' Home Addreaseptable) *2C, or4(31)0‘. Date of birth Place of Birth '\" ,e r Co -Applicant (last, first) Horne Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. 0 E -Mail L irY)1.1„ Home Phone 35 30 - 0 ci.i' ~...)9 VA -Y1 crr (: an -CI Home Phone 1 am aware of the obligation to provide timely notice of any change in required information, and 1 have informed all owners, managers, or other principals of their criminal and/or civic, responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. initial For office use only As an authorized agent of the entity identified above, I certify the SubsFribed and Torn before m is information on this form is true, correct, complete and current to the best day fUD,) 20 2 of my knowledge and belief. Print Name Y-kirt,Sb jQ Signature lqA J Date '6 (-`e Aunlicant must be present at time of all inspections. Commissioner of Deeds -- City of Buffalo App NTo ( APPLICANT ALL Applications/Applicants requiring Common Council Approval MUST have this Notification signed by Council Personnel for the aeplicable District Councilmember listed below and return this Notification to the Office of Licenses prior to the application being considered for Approval. THIS IS NOT AN APPROVAL NOR .DOES THIS DOCUMENT INFER THAT SAID APPROVALS WILL BE GRANTED. License Application Address R T0141 kOa Cict Buffalo, NY DELAWARE DISTRICT — Joel P. Feroleto 1405 City Hall ELLICOT'l' DISTRICT - Darius G. Pridgen 1315 City Hall FILLMORE DISTRICT - David A. Franczyk 1408 City Hall LOVEJOY DISTRICT - Richard A. Fontana 1316-A City Hall MASTEN DISTRICT - Ulysees 0. Wingo, Sr. 1414 City Hall :•„,„ NIAGARA DISTRICT - - David A. Rivera 1504 NORTH DISTRICT - SOUTH DISTRICT - UNIVERSITY DISTRICT - Rasbeed N.C. Wyatt 1508 City Hall Joseph Golombek Jr. 1502 Cftv Hall Christopher P. Scanlon 1401 City Hall CoUncil, onnel q,101:5 • • : 1 REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE 'TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: /APPROVED: DISAPPROVED: DATE: DATE: DISAPPROVAL DATE: REMARKS: (1 INSPECTOR: CITY OF BUFFALO C)FFICE OF LICENSES 301 CITY HALL BUFFALO, NV 14202 COLLECTIONS JOE LOTEMPI() MYANMAR CHIN FAMILY CONVENIE.NCE FOOD STORE 833 TONAWANDA NORTH COUNCIL DISTRICT KIIIN SHWE (585)305-0985 FSTI6-10028032 go BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) • . ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** pa 4 PLEASE COMPLETE AND RETURN THIS REFERRAL TO OFFICE OF LICENSES. THANK YOU. Food Store License (New) — 833 Tonawanda (North)(DPIS) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated July 5, 2016 be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Khin Shwe d/b/a Myanmar Chin Family Convenience located at 833 Tonawanda. Passed. AYES -9 NOES -0 5� C:\Users\Irucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\OX32QVW6\food store license -new -833 Tonawanda.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [ MA J - 5 ] [2/3 - 6] [3/4 - 7] *AYE* NO * * * * * * * * * * * * * City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1745 PASSED July 19, 2016 Food Store(New) 139 Vermont APPROVED JUL 2 8 2016 Gerald A Chwalinski City Clerk To: The Common Council: From: Department Permit & Inspection Services Division: Type in Upper and 1 1 Lower Case Only 1 Office of Licenses Subject: Prior Council Reference: (If Any) Ext. (Item No. xxx. C.C.P. xx/x)/xxl: Text (Tyne Single Space Below): [: Food Store (New) [: 139 VERMONT [: FST16-10028051 [: NIAGARA [: Date: July 7, 2016 Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 139 VERMONT (NARAYAN SUBEDI & SOM SHITAL dba SN GROCERY) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: COMMISS Signature of Department Head: JC:PS:jd // ER 5 nterdepartmental Memo Date: July 7, 2016 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Food Store at 139 VERMONT Per City of Buffalo Ordinance Chapter 194, the following is a check list of requirements for Food Store application to the Common Council: Application Applicant Notifcation U Building Inspection A. Collection Office U Fire Prevention U Police Department Zoning Office Director Perm Inspection Services Date CITY OF BUFF.A►.L0 ., .:FAPPLICATION ;\c lt -� ..:..: NSE :.. 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (716) 8.51.4078... Fax (.716).8.51-4952, • ...DCA e05-/ .:..,.... Type of Entity 0 Sole Proprietor - 0 Corporation : Partnership 0 Limited Liability Company fee fee fee staurant 1-200 seats $174.00 0.201-400 seats $250.00 0 400+ seats $350.00 o Selling alcoholic beverages?, ■v k ❑ Certificate of Inspection $56.00 (Public Assembly) Restaurant 50+ seats 0 Coin Control Amusement # games _ per game $47.25 ❑ Arcade # games per game $47.25 COMMON COUNCIL REQUIRED ❑ Music mechanical $52.50 0 Music live, no dancing $52.50 ❑ News Stand $63.00 0 Restaurant Bance CI Floor Show $36750 ❑ Live Music $210,00 D Mechanical $13125 COMMON COUNCIL REQUIRED ❑ Public Dance (based on sq ti) COMMON COUNCIL REQUIRED ❑ GoGo Dancing $.131,.25 COMMON COUNCIL REQUIRED 0 Skating Rink $210.00 COMMON COUNCIL REQUIRED ❑ Bowling Alley per lane $31.50 # lanes • ❑ Billiard Parlor per table. $31.50 # tables COMMON COUNCIL REQUIRED Corporation Name Business Name (dba) 6 N.- CA co Ce .Y t, Business Address (no Po Box) iI t'"'�v e on'" Mailing Address (if different) NYS Tax ID # W 2q 1.241 Business Website Owner(s)/ Principal Partners 0 Restaurant Take Out $ 88.00 ood Store $115.00 COMMON COUNCIL REQUIRED 0 Meat Fish Poultry $150.00 0 Caterer 0 Bakery $ 88.00 ❑ 0-2 employees . $ 63.00 0 3-10 employees $105.00 0 11-15 employees $157.00 ❑ 26-50 employees $315.00 ❑ 51-200 employees $525.00 Business Phone ( ) Business Fax ( ) rr ' 1..i'.> E -Mail Applicant (last, first) ,,. 1'I b .Ct.i , araTin Home Phone .1(^ - 247- '7- 1 2'" Home Address: (PO Box not acceptable) '?•13,-1 ''1 k b reek 1,11 a rn - g AT i L a Date of birth 41041111111411111111. Place of Birth Nes: pcti,t Co -Applicant (last; first) . i (+-c \ , '3 0 TY) Home Phone 1 16 -- {1'35 .- g q Ti Home Address: (P0 Box not acceptable) 1,Lt. Macy ret 'ix 1( v ` .eUi) A) i 1.1 2- Date of birthillffilLMIND Place of Birth. /lie p a -- Describe your specific business activity in detail. f'°P ct Lr:' I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. Initial For office use only Su sc bed and s orn before me t ' 'lay of x•..20 _ Commissioner of Deeds -- City of Buffalo • App No As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. /1)4/a-Lraitrr s Uh e•lc 4oro 161,tf t Signature , ° • i../� ` Date 6— 1411 Applicant must be present at -the of all inspections. L tit R APPLICANT NOTIFICATION ALL Applications/Applicants requiring Common Council Approval MUST have this Notification sitined by Council Personnel for the applicable District Councilmember listed below and return this Notification to the Office of Licenses prior to the application being considered for Approval. THIS IS NOT AN APPROVAL NOR DOES THIS DOCUMENT INFER THAT SAID APPROVALS WILL BE GRANTED. License Application Address ` le )cA--ree " Buffalo, NY 421 DELAWARE DISTRICT — ELLICOTT DISTRICT - FILLMORE DISTRICT - LOVEJOY DISTRICT - MASTEN DISTRICT - NIAGARA DISTRICT - NORTH DISTRICT - UNIVERSITY DISTRICT - Joel P. Feroleto 1405 City Hall Darius G. Pridgen 1315 City Hall David A. Franczyk 1408 City Hall Richard A. Fontana 1316-A City Hall Ulysees O. Wingo, Sr. 1414 City Hall David A. Rivera 1504 City Hall Joseph Golombek Jr. 1502 City Hall cnriscopnerr. acanion 1401 City Hall Rasheed N.C. Wyatt 1508 City Hall Counci ' ersonnel tJ REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: CITY OF BUFFALO OFFICE OF_LWCENSES 301 CITY HALL BUFFALO, NY 14202 COLLECTIONS JOE LOTEMPIO SN GROCERY FOOD STORE 139 VERMONT NIAGARA COUNCIL DISTRICT NARAYAN SUBEDI (716)247-1623 FST16-10028051 X99 DISAPPROVED: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) DATE: 7 :; .1/6' DATE: DISAPPROVAL DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: 4 2 _'" d //f4, INSPECTOR: �7 L +G t RM# EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. Food Store License (New) — 139 Vermont (Nia)(DPIS) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated July 7, 2016 be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Narayan Subedi and Som Shital d/b/a SN Grocery located at 139 Vermont. Passed. AYES -9 NOES -0 51 C:\UsersUmcinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\food store license -new -139 Vermont.docx FEROLETO * FONTANA * * * * * * FRANCZYK * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * RIVERA * * * * * * SCANLON * * * * WINGO * * * * WYATT . * * * * * * *AYE� * * NO * * * * * [ ] * [MAJ- 5] * * 0 * [2/3 -6] * * * [3/4 - 7] City Clerk's -Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1746 PASSED July 19, 2016 Lodging House License 6 Courtland Gerald A Chwalinski City Clerk APPROVED JUL 2 8 2016 LJ #1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: From: Date: July 11, 2016 Department of Economic Development. Permit & Inspection Services Division: Office of Licenses Subject: 1 Type in Upper and 1 Lower Case Only Prior Council Reference: (If Any) Ext. (Item No. xxx. C.C.P. xx/xx/xx): Text (Type Single Space Below): [: Lodging House License [: 6 Courtland (LOVEJOY) [: (LHM16-10027929) [: [: O1" Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 6 COURTLAND and find that as to form is correct. I will cause an investigation into the premises for which said application for a Lodging House license is being sought and no License will be issued until all required approvals from Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of KENNETH YOUNG. The attached thereto for KENNETH YOUNG d/b/a KENNETH YOUNG This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: COMMISSIO Signature of Department Head: JC:PS:jd t1' ,/ Interdepartmental Memo Date: July 11, 2016 To: James Comerford, Interim Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Lodging House at 6 Courtland Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Lodging House License application to the Common Council: Application Application Notification ❑ Building Inspection ❑ Fire Inspection ❑ Health Department ❑ Police Department Police Record Check JaZoning ❑ Agent ❑ Owner lives on premises Director of Permits & Inspection Service I) ate CITY OF BUFFALO - BUSINESS APPLICATION 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 • A A Phone (715) 851-4078 Fax (716) 851-4952 All information on this form is public record LODGING HOUSE LICENSE APPLICATION COMMON COUNCIL REQUIRED Lodging House Address eodaami /fre Number, Street 0 , Buffalo NY /*2/3- ZIP Number of Rooming Units Total Number of Beds Total Number of Beds Applied for Number ofRooms Number of persons occupying each Rooming Unit / Name of Applicant /41,1e-14 fivA/6-- Hoine Phone # 7/6 -34,--//734 Applicant Address 33146,1021/.4.- "give/ (NO PO Boxes) Number, Street Applicant Date of Birth .1011111ft NYS Tax ID # e.461041044- . N Y /41.2-24.r Citytow(n or Village State ZIP Place of Birth Moile #49 Business Website E -Mail )/ovellt7der 60 -me /•and..itAgier ymieie ADDITIONAL REQUIREMENT As per Chapter 269-2(13) of the City Ordinances, no license will be issued unless the owner OR the agent of the property resides on the premises of the lodging house. Check one: 0 I, the owner, reside on the premises of the above lodging house address. 04:7-C is the Lodging House Agent residing at the lodging house. Fees - Fees 0-15 beds $71.00 16-25 beds ....$118.00 over 25 beds $118.00 + $2.50 for each additional bed Subscribed an sworn to before me this_ day of 20 )e, Commissioner of Deeds I am aware of the obligation to provide timely notice of any change in required information, and 1 have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. Signature of Applicant / Print Name KenridA iov115 OLGA TYNISHA CASIAND No_ary Public - State of 1146W9-ork.)-0-1-- 3 14) ). No. 01CA6336261 Qualified In Erie County My 0emenitialen eNpirms Feb: 01, 2020 •P-1470 (REV. 3/96) APPLICATION RELEASE FORM TO BE MAILED? TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 Zf 16 JUN —3 P1 Ill 38.. There is a $1.0.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of his application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT:�'.wi SEX: CURRENT ADDRESS: DATE OF BIRTH: SOCIAL SECURITY NUMBER: VA cklei REASON FOR REQUEST: ,c t , \n(, STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO ) \ On the () Day of c(� L; 7)c, \ 7 v' MAIDEN NAME: RACE: 3 10,,C. I Z SIGNATURE OF APPLICANT: DATE: 6/0 .3 //k? 20 L.e Before me personally appeared ` " ' To me known to be the same Executed the foregoing instrument and cJl Rowledge the execution tyhei'cof. n described in, and who (AA. .✓ ..; "Notary Public/Conilmssioner of Deeds *********************TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL *********************** N:1 RECORD ATTACHED I3LWFMA NY VERIFIED BY: \I \, . ) ICE DEM � C R iA'i% aiti DATE VERIFIED : NO RECORD ON FILE NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. BUFFALO POLICE DEPARTMENT CRIMINAL BACKGROUND REPORT DATE OF INQUIRY: 06/0312016 12:35 NOTE: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THS REPORT. NAME: YOUNG, KENNETH L DATE OF BIRTH - RACE: Black SEX: M ADDRESS: 33 VICTORIA BD *CHE, NY 14225 *CHE, NY 14225 SOCIAL SECURITY #: FCN: NYSID: BOOKING/ALIAS NAMES: YOUNG, KENNETH L WARRANT/WANT INQUIRY - REFER TO WARRANT #: THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. USE OF THIS INFORMATION IS REGULATED BY LAW. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND/OR FEDERAL RECORD DATA ALES. ADDITIONALLY, THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY. ARREST DATE CHARGE 06/03/1972 PL 245.50 03 PL 401-1 REFERENCING AGENCY DISPOSITION BUFFALO POLICE DEPARTMENT UNCON DISCH DISM 12/31/1981 BUFFALO POLICE DEPARTMENT PL 155.25 REFER TO: BUFFALO POLICE DEPARTMENT PL 145.00 01 REFER TO: BUFFALO POLICE DEPARTMENT NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAGE: 1 APPLICANT NOTIFICATION ALL Applications/Applicants requiring Common Council Approval MUST have this Notification signed by Council Personnel by the gyfilicabk District Councihnember listed below and return this Notification to the Office of Licenses prior to the application being considered for Approval. License Application Address 6 eathe/10-nd Jfr Buffalo, NY /512/c DELAWARE DISTRICT — ELLICOTT DIST CT - FILLMORE DISTRICT - LO JOY DISTRICT - MASTEN DISTRICT - NIAGARA DISTRICT - NORTH DISTRICT - SOUTH DISTRICT - UNIVERSITY DISTRICT - 1405 City Hall Darius G. Pridgen 1315 City Hall David A. Franczyk 1408 City Hall Richard A. Fontana 1316-A City Hall 1414 City Hall David A. Rivera 1504 City Hall Joseph Golombek Jr. 1502 City Hall Christopher P. Scanlon 1401 City Hall Rasheed N.C. Wyatt 1508 City Hall • 1/e.,,f Council Personnel Commio,hoirf of Mow VoNe.e., ID: YOVNG KENNETH 33 VICTORIA BLVa CHEEKTOWAGA NY 14225 DOB: 411111111111 M MS BR 5-10 NONE NONE {k0. .M XellMJC1,7:t0 BYRON W. BROWN Mayor CITY OF BUFFALO PERMIT & INSPECTION SERVICES OFFICE OF LICENSES JAMES COMERFORD, Jr Commissioner LODGING 1-11USE AGENT APPLICATION 1. Applicant must appear in person. 2. Proof of Residence: driver's license, voter registration card, or other evidence acceptable by the Commissioner 3. Attach a notarized statement of the experience of the agent. 4. Obtain a Police Check a. Have the enclosed form completed and stamped at the Buffalo Police Dept, 74 Franklin St. b. If there is a felony, get a disposition from City Court, 50 Delaware Ave. c. If there is any record from another municipality, you must also obtain a record from that township. 5. TWO (2) Passport Size Photos (example: from a photo booth or department store) 6. Submit the License Fee of $30.00 Applicant Name „al Applicant Address Cr, u.rt street PROPERTY TO BE MANAGED. Name of Owner 1 Address of Lodging House Number, street Expiration Date: February lst Subscribed and sworn before me this day of 20),4 Commissioner of Deeds in and for the City of Buffalo July 1010 0 GA TYNISNA CASIANO Notary Public - State of New York No. 01CA6336251 Qualified In Erie County My Corr1til4slon ExpIrts Feb. 01, 2020 city Phone 7/6 • oa ,r state zip Number of Rooming Units 5 Applicant Signature 7;:/4-A L,L). Print Name Date 0 c.:) -S Office of Licenses 65 NIAGARA SQUARE / 301 CITY HALL BUFFALO, NY 14202-3303 (716) 851-4078 I FAX: (716) 851-4952 P-1470 (REV. 3/96) TO BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 Z09 APPLICATION RELEASE FORM 21E6APR 29 At.4 25 There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DC) NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of his application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: SEX: CURRENT ADDRESS: DATE OF BIRTH: Ak_ 7/ ki pF oAil .4) SOCIAL SECURITY NUMBER: REASON FOR REQUEST: STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO ) On the __SCL411 Day of MAIDEN NAME: RACE: k.../ SIGNATURE OF APPLICANT: DATE: �>.....t( 20 / (,; Before me personally appeared To me known to be the same person described in, and who Executed the foregoing instrument and owledged the executions thereof. Notary Pini fc/Commissioner of I1;eds .0 ATTACHE!" *********************TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL *********************** RECORD ATTACHED NO RECORD ON FILE VERIFIED BY: DATE VERIFIED : Y NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DC) NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. I 'I BUFFALO POLICE DEPARTMENT RAP SHEET RICI #: NYSID #: FBI#: Master Name: LUMBERG, TODD F Master DOB: Current Age: 52 Most Recent Address: 5220 CAMP RD #11, THM NY 14075 US Arrest Date incident # Booking Name Booking # First Alias 0,/20/2001 T 0 - 11 30 54 LUMBERG, TODD 01--00192-01 (A) 0:1/22/1998 THM 98-080128"r LUMBERG, TODD F 98-22160-99 (A) 0:1/2711997 THM 97-0705342 LUMBERG, TODD F 97-22727-99 (A) 09108/1992 EDN 92-0203731 LUMBERG, TODD F 92-14433-99 :;A) * Not based on Fingerprints u Report FF Page: Report 04 /1290/2f 0316 11:22 Report Printed By: VIRGIL, Denise 2016 APR 29 Ati i! 25 Sex: Male Race: White Ethnicity: Non -Hispanic Note: The Charge dispositions show in bold below the original charge. Charges Cts Law Section Sub Alt Cl Cat Deg NCIC Description v -n, 1192 23 14 U 14 0 5404 DWI:1ST OFF ;•;•••;;;<!2"r , • k57.:747.7. ";11:: 1 P2 1 PL 120.00 01 34 A 14 3 1369 ASSAULT 3 „ 120.00 01 N A M 3 1399 ASSAULT 3 771 1 `,171, 1.192 02 11 ti. 14 0 5404 OP iNFL ALC ORO ,..7,93,7„,,i;,:7,,t— .-...7— 7z.,...-7,,..,.54x..y7.„. .. -7 .7,,r,- • , -, — „....z,,,t,„7, .25f,';‘,:,:ag".2=k,,Mk„„,&.,,„„„:41,.1,W7';?,,',c7•:.1"....":Cli-.L`"2',i1",:•;(4,.41,":4;,',-",11,•'''','.' r" '711 , ;:','",—;','L:4,;;":5.".".; ; 1 VTL 1192 03 N 0 M 0 5404 OP NFL ALC DRG .; 4:"7:::.#15ftQii:#0;illit, ' 72.12FC•11.:,17,a74XA:JR,,,:,atifain.,3•147:2-5t,21Fir, ';::',71:31. „,•;3,:ak,"P'Fi'Z'• 1 VTI., 1212 N U M 0 5405 RECKLESS DRVG ; l,,,grt-;:' :-;,-;,;,t;ozzrer..tR,,s!.wir••••,••t4,5:;;J:••,,;:ir/Tor„*1-1,..rs:••.•;ir,',t.t-:' t :••5;,f,,;;;;1,,711 _,.47,/:.:4..-,cg7f. 1 WI. 1144 N 1 0 9405 RT OF WAY Vi0 ';',!".'",;(,,,Fal?",..,,,;(,„,,,'",,,,T7T-",,raT,W,"•,;W;": :•„,.7F,,,,,,,,.",..-45,„, f,;;;Vz-774--7. ';',7.e.;,•77;••;K:0,14.72m-n7r. ,',:f 17..;. :47‘.;;45',4‘7775,7:c?.'re.1•7',57.„ =,.,..:-., 7';':1'. '''1...`:'::•: -ti:. ' .`+5'1; "..1. X./at- '.1f.'945.1, 1,1'0.'2. Atit9...,:VW,101M;?,P.7%;...1 . ^4,•<:: , :,•'A.9",,,i1.;"•,,,,,,. "',•,........ : '..;,...C.: 1 VTL 9306 3 N I 0 54 99 1NSP VIOLATIONS • rr, ,,,v6,;,,,,,,' ,,,,,,,,,Tr*.5T9'5, --....7:57:5' '',, 4T.' • ,,,,z7.' ;:r:P.,;',9t-i4F..'17:4"`.1 ' • ,'.7.",", Ar.0.44eAlriffrry.,.51(,14:', • .1.4i:' C`,;'.gg' .:' ',?..1P .!::,,i'' i. , i . ; ' • ,V.1:,4'.P ' ' .7A,:sik14: •.'6•St' .:-.15.2 .142.1,0","•,.,,:T.T.Of= ,J,&:,:a:6,M,,R,;•,,,g' '•••••:;•;, „ 'X 1 PL 240.25 01 N V 0 7099 HARASSMENT .. ".-",,,,717.66M: 7.7,265-: ,,W,'!'. 7.,r ,, pox :;3',,,47/,i.r.,•.4pe7;z:c; 7,T„' ''.g.1.4,",10t74,1•Ff.-"‘ N.-%; - ',''''••,,f:%•:.:4fr:I.3:',5K,-;',77r- '.r. ,n,",,- - --,7' ,,,,.' '',i'i : er' " '.:..k, ..:',5, i ,,,,r. :5,',,',H,„'•':%i9,0:,...7e.."-'1.:,,=7„L.,:..„...,:,•;,...:•.A...:4,•-,•iiit,';,7.16,'",•,-11,:r.'‘-:,........."6.,11.7:13.2,,"..:.e.r..: ,,f1.1,1•:„.,,,,:...•i• „:"..V": 1 Pl. 170.70 N S F 0 i 2589 ILL FOSS VIN .,1; F '''' ; ----,:;.'ie, - -,!„,:- 7,,,' -".i,:(tE,T,q7 ',•:•'-,,,,ITn'IFF; "•:.S•',"•T•,•,:r7:1V''-'17:•'-" za ; ; ,,,-,, . As7.,,-;:. „,"...zdx,,7,,,.74,.m,,,,i,:.-c.,, ;•,,a7;;•,..',.....i.,1,-e',,,,,,7„,f-1„&,:a.. •.;•-1„,',,,...-vi,•,,,E•f•,..a.s,-„,•:‘, BUFFALO POLICE DEPARTMENT RAP SHEET RICI #: NYSID #: _ _ FBI #: Master Name: LUMBERG, TODD F Master DOB: Current Age: 52 Most Recent Address: 5220 CAMP RD #11, THM NY 14075 US Arrest Date Booking # 07/07/:992 92-:9432-99 (A; Incident # Booking Name First Alias v -M 92-0203302 LUMBERG, TODD F 0,1/07/1988 EDN 88-0800835 LUMBERG, TODD F 88-17993-99 (A) 03',18/1988 EDN 88-0800621 LUMBERG, TODD F 88-':992-99 (Ai 02117/1988 EDN 88-080032C LUMBERG, TODD F 98-:.7991-99 (A) 01/20/1980 EVN 81-010052E LUMBERG, TODD F 81-16051-99 (A) 09/15/1987 EDN 87-0702745 LUMBERG, TODD F 87-19278-99 (A) * Not lased on Fingerprints 0!6 APR 9 Of i!: 25 Report Date: 04/29/2016 11:22 Report Printed By: VIRGIL, Denise Page: 2 of 3 Sex: Male Race: White Ethnicity: Non -Hispanic Note: The Charge dispositions show in bold below the original charge. Charges Cts Law Section Sub Att CI Cat Deg NCIC Description JTL 1192 03 N U A 0 5404 OP INFL ALC DRG 240.20 1 PI, 220.03 N 81 240.26 01 BUFFALO POLICE DEPARTMENT RAP SHEET MCI # NYSID #: FBI #: -- Master Name: LUMBERG, TODD F Master DOB: Current Age: 52 Most Recent Address: 5220 CAMP RD #11, THM NY 14075 US 3;.;171 -ALO • Arrest Date Booking # 09/15/1987 87-19277-99 fA) Incident # Booking Name First Alias EDN 87-0702746 LUMBERG, TODD F 12/31/1982 EDN 82-0203512 LUMBERG, TODD F 82 -?855-99 (A) 04;117/1961 81-2,6050-99 (A; EDN 81-01014V4 LUMBERG, TODD F 1s.„9.0/1986 VH 86-0606686 LUMBERG, TODD F 86-18527-99 CA) * Not based on Fingerprints 2816 APR 29 AH11: 25 Report Date: 04/29/2016 11:22 Report Printed By: VIRGIL, Denise Page: 3 of 3 Sex: Male Race: White Ethnicity: Non -Hispanic Note: The Charge dispositions show in bold below the original charge. Cts law Section Sub Att CI cat Deg 1 PL 240.30 8 8 0 • , 1 PL 240.20 07 8 V 0 Charges NCIC Description •V".= 7,7 VTI: 392 „ „ VTL 511 8 14 0 1 Tri, 1192-2 II 8 0 ,;.-7,7,-.1-',1'..",n."•""f,`,:..'"'If..,'"'":••"'"77,.',,'4,4 ! ..1.gr,.' ..,';',.•.:",,,'","'s:".",,,, • •-.....,...mk; • ' •,..-,K•Z,P,'."‘" 1 ,rf:, 11921.3 N. 8 0 '''-i.:- '1174.''' ' 1.1,97.a.",-=';' -)IV," •,,••,• • .1t,,, ,,,,—;,,,J., ''''''' , '...,,,S't's:';',:c:::,:7:-,',4: , --,1.,%...; ;?,-,:nf....,..,,--:,,,,: - ...71,;,,,,,„-,, - . 1 VT1.. 1190 8 8 0 ..i. • ..:2,,,-,.. ! ,..:':.'... - <::-.-Z,': ...,1!..'i:'.2a,,:::',,,,,:a.z:,`,1:::S'`.."..2.-,,:si.,•,:::: :„::4;,..k.Td:::,. :.',7 2,K;g:g-:::,:',1 ',:..1'."‘ :1:I.:it-V.'. : 7 .'i4„-,(2,.',,,,,,ar,',.",'„,,„ , •,,,,1*,,,,, 1 VT:, 1229-0 DX J 0 4, ".•:‘,‘ • .C„.'....,•'.:: - .:' V'''/.1 -'°I'''' '''''f::'•:4'.':.:1,.,:ig?.5.r5W ;1:%1;ili&.• ....- ..'.•.ZV. : ::::^S.&;.:. c ' - 1 VTI. 1163 -A 8 V 0 . ',.•., ....N.:2ZZ' ‘,','....41''' ' .::„..:. • ':::-.Z';':'::,.f.IT:::::::i-fg" • •..,,,,c‘r,','t t,"::?-.7:.%,.Frn‘ ' -•-..i4";$;''," ' '''....... 1,... '..::-;;,...,',..,..c--3‘;.., '..... :;.,.,•::s-'',, •••,-->k-: • ' ';4,t, -;.,:r??:-,- , ,,, 5,i.,!... '::.4 , . 06-03-2016 1, Todd Lumberg was property manager from 2006 thru 2009 at 33 Linwood Ave, Buffalo, New York 14209. I was property manager from 2009 thru 2012 at 358 Curtiss Street, Buffalo, New York 14212. I was property manager from 2013 thru 2016 at 71 Krupp Avenue, Buffalo, New York 14212. ' cA-L yvWD 1 C „.-- 41e4Z, State of11-0L0--L County of Signed and sworn (or affirmed) to before me on (date) by .c,A 5 Lu rroz)e.x-is, 3 OLGA TYNISHA CAVAN() Notary Public - State ot New York No. 010A6336251 Qualified In Ede County My Commission Pitpires Feb. 01, 2020 ep this stub with your personal records. The other side contains important ormation. ase note: The date we issued this card is shown below the signature line. 111111"1111I11111111111111111111111"1+1'1111"1111111111111 TODD F LUMBERG 6 COURTLAND AVE BUFFALO NY 14215-3919 44 1. '1'1,11'411 ADULTS: Sign this card in ink immediately. CHILDREN: Do not sign until age 18 oryour first job, whichever Is earlier. Keep your card in a safe place to prevent loss or theft. DO NOT CARRY THIS CARD WITH YOU. Do not laminate. t :$$ Lodging House License —6 Courtland (Lov)(DPIS) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated July 11, 2016, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspection Services be, and he hereby is authorized to grant a Lodging House License to Kenneth Young d/b/a Kenneth Young, located at 6 Courtland, upon the condition that no sexual predators or offenders or criminals be permitted on the premises. Passed. tA) AYES -9 NOES -0 C 0 nd, 5 CAUscrsUrucinski \AppDatalLocahMicrosofhWindowslTemporary Internet FilesTontent.Oudook \OX32QVW6 \lodging house license 6 Courtland.doc \ -^ ° * v _ * �~ _ * * City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1747 PASSED July 19, 2016 Lodging House License 250 Delaware Gerald A Chwalinski City Clerk APPROVED JUL 2 8 2016 t�, #.1 (Rev. 1/93) Single Page Communication to the Common Council To:. The CSraoleift-C o'skzk:ih From: .D ;te::sAy_35; ?ul6.._ Department of Economic Development. Permit & Inspection Services Division: 1 Tyne in Upper and 1 Lower Case Only 1 Office of Licenses Subject: Prior Council Reference: (If Any) Ext. (Item No. xxx, C.C.P. xx/xx/xx): Text (Type Single Space Below): [: Lodging House License [: 250 DELAWARE AVE [: LHM16-10028146 [: [: 2\ 5 Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 250 DELAWARE AVE., and find that as to form is correct. I will cause an investigation into the premises for which said application for a Lodging House. license is being sought and no License will be issued until all required approvals from the Zoning Office, Fire Department, Police Department, Building Inspection Sections and Health Department are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of JAMES W. HOUSER. The attached thereto for JAMES W. HOUSER. d/b/a THE WESTIN BUFFALO. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: CO lVTMI_ . 0 Signature of Department Head: JC:PS:jd CITY OF BUFFALO - BUSINESS APPLICATION 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (715) 851-4078 Fax (716) 851-4952 LI -01.1 All information on this form is public record LODGING HOUSE LICENSE APPLICATION COMMON COUNCIL REQUIRED Lodging House Address 250 Delaware Avenue Number, Street Number of Rooming Units N/A . Buffalo NY 14202 ZIP Total Number of Beds 161 Total Number of Beds Applied for Number of Rooms 116 Number of persons occupying each Rooming Unit N/A DNC Parks & Resorts at 250 Delaware, Inc. Name of Applicant DBA: The Westin Buffalo Home Phone # 716-858-5000 Applicant Address 250 Delaware Avenue, Buffalo, NY 14202 (NO PO Boxes) Number, Street Applicant Date of Birth Please see attached NYS Tax ID # 474735495 City, town or Village Place of Birth Please see attached State ZIP Licensing: tiwhite@delawarenorth.com Geneira1 Manager: Business Website www.delawarenorth.comE-Mail TLong@delawarenorth.com ADDITIONAL REQUIREMENT As per Chapter 269-2(B) of the City Ordinances, no license will be issued unless the owner OR the agent of the property resides on the premises of the lodging house. Check one/ Exemption: Hotel Front Desk is monitored 24 hours a day. I 0 I, the owner, reside on the premises of the above lodging house address. ❑ is the Lodging House Agent residing at the lodging house. Fees 0-15 beds $71.00 16-25 beds....$118.00 over 25 beds ... $118.00 + $2.50 for each additional bed Subs bed an sw day off . M n to before me . 20 kip DEVIN N WHITE Notary Public, State of New York Commission # 02WH6207647 Qualified in Erie Count Commission ExpIros 6/15/20. t I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. I certify the information on this form is true, correct, the best of my knowledge and belief.? Signature of Applicant Print Name Jan1W. Houser, President Date 111111 lo ete and current to City Of Buffalo — Business Application Office of Licenses — Lodging House License Application Applicant: DNC Parks & Resorts at 250 Delaware, Inc, *Tub' 2016 " "" Applicant: DNC Parks & Resorts at 250 Delaware, Inc. Address: 250 Delaware Avenue, Buffalo, NY 14202 Corporate Officer: President/Director: Date of Birth: Place of Birth: Ownership Interest: James W. H user ncinnati, Ohio -0-% P -147C (REV.3/96) qae) :fp BE MAILED TO............. Buffalo Police Department 'Identification Section 74 Franklin Street Buffalo, New. York 14202 APPLICATION RELEASE FORM 2015 There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash, Checks are not accepted. Make money order payable to the Buffalo Police.Department. Be sure to Include a stamped, self- addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: James W. Houser MADIEN NAME: NIA SEX: Male RACE: Caucasian CURRENT ADDRESS: 140 Norwood Lane, Orchard Park NY 14127 DATE OF BIRTH: SOCIAL SECURITY NUMBER: 41101401111) REASON FOR REQUEST: City of Buffalo - Lodging House License Application for The Westin Buffalo STATE OF NEW YORK) COUNTY OF ERIE) SS. CITY OF BUFFALO ) On the IP Day of 71Vni; 2016 Before me personally appeared To me know to be the same person described in, and who Executed the foregoing instrument and acknowledged the executions thereof. DEVIN N WHITE BUFFALO, NY Notary Public, State of New York POLICE DEPT, Commission # 02WH6207647 Nocgr'Pubi c ommissionerof Deeds Qualified in Erie County NO RECORD Commission Expires 6/15/2011" ************************.************To BE COMPLETED BY IDENTIFICATION SCTIONPERSONNEL+"""*""" **********************s*** 0 RECORD ATTACHED ONO RECORD ON FILE VERIFIED BY: DATE VERIFIED: &an( h60 NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. ACKNOWLEDGMENT -OF -INDIVIDUAL STATE OF NEW YORK COUNTY OF On the L 0`" day of -51.1, in the year 2,(�t1, before me, the undersigned, personally appeared MPA ik(1U,�Ser , personally known to me or proved to me on the basis of satisfactory evidence to be the individual sj whose name(s) is (are) subs ribed to the within instrument and acknowledged to me that(she/they executed the same in ii. 'her/their capacity (ies), and that by is her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Okr) Notary Public Printed Name: 101\h. k\ My Commission Expires: DEVIN N WHITE Notary Public, State of New York Commission # Q2WH6207647 Qualified In Erie County Commission Expires 6/1512013' APPLICANT NO,TIFICATIRN ALL Applications/Applicants requiring Common Council Approval MUST have this Notification siened by Council Personnel by the • avolicable District •Councilmember lisied below and return this • Notification to the Office of Licenses prior to the application being considered for Approval. DNC Parks & Resorts at 250 Delaware, Inc. DBA: The Westin Buffalo 250 Delaware Avenue License Application Address City of Buffalo DELAWARE DISTRICT — ELLICOTT DISTRICT - FILLMORE DISTRICT LOVEJOY DISTRICT - MASTEN DISTRICT - NIAGARA DISTRICT - NORTH DISTRICT - SOUTH DISTRICT - UNIVERSITY DISTRICT - 1405 City Hall Darius G. Pridgen 1315 City Hall David A. Franczyk 1408 City Hall Richard A. Fontana 1316-A City Hall 1414 City Hall David A. Rivera 1504 City Hall Joseph Golombek jr. 1502 City Hall Christopher P. Scanlon 1401 City Hall Rasheed N.C. Wyatt • 1508 City co> Council Personn Buffalo, 4202 • 7169616889 10:39:18 a.m. 06-29-2016 1 /1 COUNTY OF ERIE HEALTH DEPARTMENT PERMIT The person or corporation hereinafter named is hereby granted permission to conduct the business of a(n) Food Service Establishment at the address stated below. This permit is issued on the express condition that the permittee conducting said business will comply with any and all applicable State, Local, and Municipal Laws, Ordinances, Codes, Rules and Regulations and may be revoked or suspended by the Commissioner of Health of the County of Erie for any failure on the part of the permittee to meet such legal requirements. This permit No. SLAK-A7ELCM expires on 06/30/2017 unless suspended or revoked. Westin Hotel 250 Delaware Avenue Buffalo NY 14202 OWNER/OPERATOR: DNC Parks & Resorts at 250 Delaware, Inc. OPERATION(S): Over 50 seats Gale R Burstein, MD, MPH Commissioner of Health PERMIT CONDITION(S): This permit covers the Main Basement Kitchen, the Patina 250 Restaurant with Bar, and Jake's Grab & Go. THIS PERMIT IS NOT TRANSFERABLE AND MUST BE POSTED IN A CONSPICUOUS PLACE. Lodging House License — 250 Delaware Avenue (E11)(DPIS) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated July 15, 2016, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspection Services be, and he hereby is authorized to grant a Lodging House License to James W. Houser d/b/a The Westin Buffalo, located at 250 Delaware Avenue. Passed. AYES -9 NOES -0 5 1 A CAUsersUrucinski\AppData\Local \ Microsoft \Windows\Temporary Internet Fr(es\Content.Outlook\OX32QVW6lodging house license 250 Delaware.doc FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON • WINGO WYATT [. ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] *AYE* NO * * * * * * * 0 Communication to' the Common Council To: The Common Council: Date: July 14, 2016 From: Department Department of Permit & Inspection Services Division Office of Licenses Subject: [: ANDERSON'S FROZEN CUSTARD [: 72 DAYS PARK BUFFALO,NY 14201 [ (new application) Prior Council Reference: (If any) Ext. : [: K _1 Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck for which said application for a Mobile Food Truck license is being sought by TORSTEN WILDERMUTH @ ANDERSON'S FROZEN CUSTARD, attached find a Police Record Check, upon obtaining the Fire Department's Approval and upon finding that said application complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. Signature of Department Head: ac,6 Department Head Name: JAMES COMERFORD, COMMISSIONER JC: cap #1 (Rev. 05/2013) (Zi(° CITY OF BUFFALO - MOBILE FOOD VEHICLE APPLICATION 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (716) 851:--4078 Fax(716)'8314952 Art r,_ Food Truck License expires on April 1. Type of Entity: 0 Sole Proprietor Corporation 0 Partnership 0 Limited Liability Company Corporation Name hit) t V sod S t%S T / B Business Phone (746) 'T 3- 2.101 Business Name (dba) A -A) dvseN s 1dr 6C,,d l Cc' 2 in) C- Business Fax CVO 6 S; 2-( y Business Address (no Po Box) (% - '' 4 /V �` 7 4 (,J C Lt /4IAS'f//1},_ % f 60S j Mailing Address (if different) NYS Tax ID # g /f . /S'/ Business Website wvW 4nd6rio,scrrs4r/E-Mail COP., eA-itiO S ►S,i7LD.6 A corp Information for applicant and each corporate officer Applicant (last, first) 14111,e 01 o chtirc.,3Home Phone ( C 7 t3J ? Se -66) Home Address: (PO Box not acceptable) Z 3 i4" ice'/Mk_ 60E -F01.4) A) Y / t(la I Corporate officer (last, first) .64-1Adexcolt Home Address: (PO Box not acceptable) a(Q �Uu, 1 Home Phone ")/(a 1(3 S -') to 7 ? Ck u i'sl- lJJ rN Include the following documentation: 1. Motor Vehicle Registration from NYS MVD 2. Valid Motor Driver's License of each vehicle operator from NYS MVD 3. Criminal background check of the applicant and each corporate officer 4. Erie County Health Permit 5. Insurances: a) Public Liability b) Food Products Liability c) Property Insurance Coverage of not less than $1,000,000 per occurrence. Insurance coverage must contain proof of a thirty (30) day cancellation clause :with thecertificate holder as City of Buffalo/Office of Licenses, 301 City Hall, Buffalo, 14202. 6. Worker's Compensation Insurance or, if no employees, an Exemption Certificate at www.wcb.state.nv.us 7. FEE: 5800 (Renewed yearly at $500.) Subscribed and s vorn�.o befor _) day of — �t-�V- 2 Commissioner of Deeds in and for the City of Buffalo, New York I AM AWARE OF THE FOLLOWING RESTRICTIONS: e this abide by parking/traffic laws; must operate from streets and public property and at least 100 feet from an open licensed food establishment; has a `measuring wheel' with -a -capacity of no less than 500 feet; vehicle must be equipped with trash receptacles; permanently and prominently affix to the vehicle the issued decal; operate 500 feet away from a sanctioned Special Event; not valid in the special Downtown District. I am aware of the obligation to provide timely notice of any change in required information. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. For office use only App No Medallion # Date issued: Revised: May 2013 Name and signature of applicant and each corporate officer Print Name TO its saafiw' Ir az, Signature DatefriZO l s.47C (REV. 3/96) APPLICATION RELEASE FORM Buffalo Police Department Identscation Section 74 Franklin Street Buffalo, New York 14202 sig; DEPART' 2116 JUN 24 PM ;2 There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of his application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL ' NAME OF APPLICANT: .�.5 Teo) 1 �✓ i t - 410'71f MAIDEN NAME: SEX: Ui/{»L-L RACE: (, C,-. f4 CURRENT ADDRESS: (Z .D iVS //Mk gv P F4 /.0 °V)./ DATE OF BIRTH: SOCIAL SECURITY NUMBER: .01 REASON FOR REQUEST: FOOD Tit (/ C fit., / 17 STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO ) On the az-141 Day of SIGNATURE OF APPLICANT: DATE: dC Z q / 2-0 / 6 20 1 LO Before me personally appeared -)1A01.9-\ {/Y1 l tc L To me known to be the same perso ' 'bed in, and who Executed the foregoing instrument and acknowledged the executio t ereof. otary Public/Co sioner of Deeds *********************TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL *********************** RECORD ATTACHED ZZS BUFFALO, NY POLICE DEPT. NO RECORD NO RECORD ON FILE VERIFIED BY: DATE VERIFIED : (.0 2-)11 NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. BUFFALO POLICE DEPARTMENT CRIMINAL. BACKGROUND. REPORT . ..- i�J DATE OF INQUIRY: 06/24/2016 14:42:0: NOTE: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS REPORT. NAME: WILDERMUTH, TORSTEN DATE OF BIRTH:1/10/1987 RACE: SEX: ADDRESS: , SOCIAL SECURITY #: PCN: NYSID: WARRANT/WANT INQUIRY - REFER TO WARRANT #: THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. USE OF THIS INFORMATION IS REGULATED BY LAW. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND/OR FEDERAL RECORD DATA FILES. ADDITIONALLY, THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY. NO RECORD BUFFALO POLICE DEPARTMENT NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAGE: 1 P3,147C (REV. 3/96) APPLICATION RELEASE FORM TO BE MAILED TO:. Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 ifiF kG (3t FSP Ec D ia. ViI 1'11 2016 JUN 2 PM 2: ti6. There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of his application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: SEX: CURRENT ADDRESS: DATE OF BIRTH: SOCIAL SECURITY NUMBER: REASON FOR REQUEST: `Q"7)/)( f wou,H MAIDEN NAME: (46(/G7)(.� RACE: UCi,G1.0 f4lom .a SIGNATURE OF APPLICANT: 1 Q �7_ ( lt_v DATE: STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO ) On the " Day of \ L-- 20 1 LO Before me personally appeared ©l 1`t Ana erson I d i u:I h To me known to be the same -person described in, and who Executed the foregoing_inctrument and acknowledged the executions thereof. ALISSA MELLON LIC. #01ME616'7212- Notary Public - State of New York QUALIFIED INERIE WNW COMM. EXP. __..1d�� *********************TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL *********************** AAA ec_h� eco Notary Public/Commissioner of Deeds RECORD ATTACHED SUMO, NY POLICE DEPT. E. i; FN FILE VERIFIED BY: DATE VERIFIED : NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. 2,(°'" BUFFALO POLICE DEPARTMENT CRIMINAL BACKGTROUND REPORT.. DATE OF INQUIRY: 06/24/2016 14:43:4 NOTE: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS REPORT. NAME: WILDERMUTH, HOLLY DA1'h OF BIRTH: 12/16/1955 RACE: SEX: ADDRESS: , SOCIAL SECURITY #: PCN: NYSID: WARRANT/WANT INQUIRY - REFER TO WARRANT #: THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. USE OF THIS INFORMATION IS REGULATED BY LAW. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND/OR FEDERAL RECORD DATA FILES. ADDITIONALLY, THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY. NO RECORD BUFFALO POLICE DEPARTMENT NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAGE: 1 Communication to the Common Council To: The Common Council: Date: July 15, 2016 From: Department Department of Permit & Inspection Services Division Office of Licenses Subject: [: Restaurant Dance Class 3 1: [: Prior Council Reference: (If any) [: Ext. Item No. xxx, C.C.P. xx/xx/xx: X174 9 Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class 3 License located at 245 ALLEN ST. (ALLEN STREET HARDWARE) and find that as to form is correct. No License will be issued until said time that I find it complies with all regulations and other applicable laws. The attached application is thereto for 245 ALLEN ST. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. Signature of Department Head: Department Head Name: JC:cap #1 (Rev. 01/1993) James Comerford, Jr. Commissioner Sac LW I a' 7 7 / (N). CITY OF BUFFALO LI. g Avwc.4:11 65 Niagara Sq. City Hall Room 301 Linffnio, NY 14202 Phone (716) 85 14078 FaX (716) f0 1-P52 o Sole Proprietor fee 0 Restaurant 1-200 seats $174.00 0 201-400 seats $250.00 0 400+ seats $350.00 0 Yes 0 No &Bine alcoholic beverages? Type of Ent* [4rorporation 0 Partnership 0 Limited Liability CompanY "? 7 fee fee estaurant Dance , , 0 Restaurant Take Out $ 88.00 0 Floor Show $367.50 Ail Live Music $210.00 `: :Food Store $115.00 0 Mechanical $131,15 'COMMON COUNCIL REQUIRED COMMON COUNCIL REQUIRED 0 Meat Fish Poultry $150.00 0 Certificate of Inspection •$56.00 (Public Assembly) Restaurant 50+ seats 0 Coin Control Amusement # games per game $47.25 0 Arcade # games per game $47.25 COMMON COUNCIL REQUIRED 0 Music mechanical $52.50 0 Music live, no dancing $52.50 0 News Stand Corporation Name Business Name WO Business Address (no PO Box) 0 Public Dance (based on sqfi) COMMON COUNCIL REQUIRED 0 GoGo Dancing 8131.25 COMMON COUNCIL REQUR,S.D 0 Skating Rink $210,00 COMMON COUNCIL REQUIRED 0 Bowling Alley per lane $31.50 # lanes 0 Billiard Parlor per table. $31.50 # tables $63.00 cooD c lon Alf-Ceffed c . if(latrfred atts• flit. it 12.1 st-. Efetb Mailing Address (if different) NYS Tax ID # 4(30 324 ; .Business Website Owner(s)/ Principal Pa Applicant (last, first) El Caterer $ 88.00 o Bakery El 0-2 employees $ 63.00 El 3-10 employees $105.00 0 11-15 employees $157.00 0 26-50 employees $315.00 0 51-200 employees $525.00 Business Phon;145 )16- qzjz 2 - Business Fax ( ) 14\i (q-20 0-10 feiXote7 • /1/401A Home Address • Ps ni , ceptable) Date of birth .; • Place of Birth Co -Applicant (last, first) Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. -Mail :Pleie.1447Clahctocri:t.0--i-__, gjome Phone 7(6. *2. gent) iceAt- .4y ict:xt 3 Home Phone I am aware of the obligation to provide timely notice of any change in required information, and 1 have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. Initial For office use only Sub 'be andavom before m of Commissibner of Deeds -- City of Buffalo App No P ft, 100 '271 I7 As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. •—Print Name aek c--eVeehi Signature Applican --''' must e resent it Y tme of all inspections. Date PS -16 16 APPLICANT NOTIFICATION ALL Applications/Applicants requiring Common Council Approval MUST have this Notification signed by Council Personnel for the applicable District Councilmember listed below and return this Notification to the Office of Licenses prior to the application being considered for Approval. THIS IS NOT AN APPROVAL NOR DOES THIS DOCUMENT INFER THAT SAID APPROVALS WILL BE GRANTED. License Application Address 0S. '-r 7 %, )� DELAWARE DISTRICT — Joel P. Feroleto 1405 City Hall ELLICOTT DISTRICT - Darius G. Pridgen 1315 City Hall FILLMORE DISTRICT - David A. Franczyk 1408,City Hall LOVEJOY DISTRICT - Richard A. Fontana 1316-A City Hall MASTEN DISTRICT - Ulysees O. Wingo, Sr. 1414 City Hall NIAGARA DISTRICT - David A. Rivera 1504 City Hall NORTH DISTRICT - Joseph Golombek Jr. 1502 City Hall SOUTH DISTRICT - Christopher P. Scanlon 1401 City Hall UNIVERSITY DISTRICT - Rasheed N.C. Wyatt 1508 City Hall So Buffalo, NY / '/ C 1\,, &NO. ‘\\4 - Council Personnel CITY OF BUFFALO Department of Permit & Inspection Services Office of Licenses 65 Niagara Sq Rm. 301 Buffalo, NY 14202 (716) 851-4078 INSPECTION TYPE: BUILDING REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: Allen Street Hardware LICENSE TYPE: CERT. INSP. (PUBLIC ASSSEMBLY) BUSINESS ADDRESS: 245 ALLEN LOCATED AT: COUNCIL DISTRICT: Fillmore District APPLICANT NAME: MARK GOLDMAN APPLICANT PHONE: (716)882-8843 APPLICATION NO: C0115-10027107 REFERRAL DATE: August 10, 2015 =• REMARKS: FIRE NEEDS TO RE -CALCULATE CAPACITY BASED ON DNACE LICENSE DENTSTY. DISAPPROVAL REASON: SQUARE FOOTAGE DISAPPROVED: DISAPPROVAL REMARKS: INSPECTOR: DATE: DATE: DATE: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) if -/7-/i- ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** RM# 3, el: EXT ;4/2 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. REVIEW TYPE: REFERRED TO: APPLICATION FOR: CITY OF BUFFALO . OFFICE OF LICENSES • - • 301 CITY HALL BUFFALO, NY 14202 ZONING REVIEW DAVID KRUG Allen Street Hardware LICENSE TYPE: RESTAURANT / DANCE BUSINESS ADDRESS: 245 ALLEN LOCATED AT: COUNCIL DISTRICT: FILLMORE COUNCIL DISTRICT APPLICANT NAME: MARK GOLDMAN APPLICANT PHONE: (716)882-8843 APPLICATION NO: RSD15-10027108 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: APPROVED: DISAPPROVED: DISAPPROVAL REMARKS: INSPECTOR: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) DATE: f5) DATE: DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** RM# I EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. P -147C (REV. 3/96) APPLICATION RELEASE FORM TO BE MAILED TO: Buffalo Police Departwent Identscation Section 74 Franklin Street Buffalo, New York 14202 There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail.. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of his application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL Welima40,NAME OF APPLICANT: ///J/ 11�i�C MAIDEN NAME: SEX: 44 Pt C. L- CURRENT ADDRESS: g DA'ZE OF BIRTH: SOCIAL SECURITY NUMBER: REASON FOR REQUEST: STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO , ) On they Day Af RACE: ( .f' SIGNATURE OF APPLICANT: DATE: 20 t Before me personally appeared To me known to be the same person described in, and who Executed tlt{e foregoing instrument and acknowledged the executions theref. Notary Public/Commissioner of Dee *********************TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL *********************** RECORD ATTACHED NO RECORD ON FILE VERIFIED BY: DATE VERIFIED : 7-(4,),/616? (0�llP�lbJ NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED., - • BUFFALO POLICE DEPARTMENT I TER -OFFICE MEMORANDUM TO Captain W. Blake DISTRICT: B District FROM: Daniel Derenda Commissioner Date to District: 12/18/2015 RE: License Investigation Year of License: 2016 Application #: 10027108 Applicant's Name: MARK GOLDMAN Business Phone: Appl Phone: 882-8843 License Type: Restaurant/Dance Name: ALLEN STREET HARDWARE 245 ALLEN Please investigate and return to Headquarters - Room 212. The application should be received by date indicated below. Your cooperation regarding this investigation is greatly appreciated. Return date: 12/25/2015 4-30,1 jp7i47,fbL M-7'4! Friday, December 18, 2015 11:59:27 AM /;,-•121 "Ple 0 Wife, -4-/A50 CITY OF BUFFALO Department of Permit & Inspection Services -- Office of Licenses 65 Niagara Sq Rm. 301 Buffalo, NY 14202 (716) 851-4078 INSPECTION TYPE: POLICE REFERRED TO: MARGARET OVERDORF APPLICATION FOR: Allen Street Hardware LICENSE TYPE: RESTAURANT / DANCE ( ')& 5 BUSINESS ADDRESS: 245 ALLEN LOCATED AT: COUNCIL DISTRICT: Fillmore District APPLICANT NAME: MARK GOLDMAN APPLICANT PHONE: (716)882-8843 APPLICATION NO: RSD15-10027108 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PROVED:), DATE: Cl • DISAPPROVED: DATE: REMARKS: C )1 Li O? DISTRICT CAPTAIN: APPROVED: DATE: ( 1 tel DISAPPROVED: DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW *** REMARKS: / COMMISSIONER OF POLICE: bCc") AFTER INSPECTION PLEASE COMPLETE AND RTUR THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. Address of Occurrence 245 ALLEN ST Status Closed Officers: BUFFALO PD POLICE REPORT INFORMATION:.- INVESTIGATION Complaint 15-2460764 Report Date & Time 09/03/2015 17:10 District Tract 'B' 100 Follow Up By Supl N Occ. Date & Time Day of Week 09/03/2015 17:00 Thursday TT Mess# TT Entry Date TT Cancel# TT Cancel Date Type of Premise Rep. Off.: P2908 - BARNEY Supervisor: Last Name First Name MI Ext B'I r... - , „,..:,: r `. ce Sex Age Juvenile Arrested Report MARK GOLDMAN ri, hite M 72 N N PR Address City State Zip Home Phone Work Phone 245 ALLEN BUFFALO NY (716) 316-4282 (716) 882-8843 Height Weight Hair Eyes Build Complexion Glasses Scars/Marks/rattoos Business License Application #RSD15-10027108 /COI15-10027107 approved for ALLEN STREET HARDWARE. Emergency contact Charlie Goldman at 316-4282. Officer: P2908 - BARNEY Supervisor: - Printed Date: 12/29/2015 08:28 AM Page: 1 City Clerks -Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1750 PASSED July 19, 2016 Restaurant Dance Class 2-250 Delaware APPROVED JUL 28201G M.) 1*/71TI-S\ AYOR Gerald A Chwalinski City Clerk Communication to the Common Council 0 f. '7 0 To: The Common Council: Date: July 15, 2016 From: Department Department of Permit & Inspection Services Division Office of Licenses Subject: [: Restaurant Dance Class 2 1:1 O D etas) et [: Prior Council Reference: (If any) [: Ext. Item No. xxx, C.C.P. xx/xx/xx: Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class_2_ License located at 250 DELAWARE AVE. (THE WESTIN BUFFALO) and find that as to form is correct. No License will be issued until said time that I find it complies with all regulations and other applicable laws. The attached application is thereto for 250DELAWARE AVE. This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: Department Head Name: James Comerford, Jr. Commissioner JC:cap #1 (Rev. 01/1993) RcD16-1 o 0 ,21gq CITY OF BUFFALO - LICENSE APPLICATION r\5 1 E. b `-/ V 0v� 1 q. (:)1 /6-100,R3121,4 ecoW1 crx, 65 Niagara Sq.. -City Buffalo, I 14202 Phone (716) 851-4078 Fax (716) 851-4952 Type of Entity 0 Sole Proprietor ® Corporation 0 Partnership fee ❑ Restaurant 1-200 seats $174.00 Restaurant 0 201-400 seats $250.00 & Banquet Rooms ta 400+ seats $350.00 VA Yes 0 No Selling alcoholic beverages? [21 Certificate of Inspection $56.00 (Public Assembly) Restaurant 50+ seats ❑ Coin Control Amusement # games _ per game $47.25 ❑ Arcade # games per game $47.25 `l Music mechanical $52.50 IN Music live, no dancing $52.50 ❑ News Stand $63.00 ❑ Restaurant Dance 11.1i Floor Show ❑ Live Music ❑ Mechanical fee $367.50 $210.00 $131.25 ❑ Public Dance (based on sq ft) ❑ GoGo Dancing $131.25 ❑ Skating Rink $210.00 ❑ Bowling Alley per lane $31.50 # lanes ❑ Billiard Parlor per table $31.50 # tables Corporation Name DNC Parks & Resorts at 250 Delaware, Inc. Business Name (dba) The Westin Buffalo Business Fax (716) 858 - 5056 Business Address (no Po Box) 250 Delaware Avenue, Buffalo, NY 14202 Mailing Address (if different) 250 Delaware Avenue, Attn: Licensing, Buffalo, NY 14202 Licensing: dwhite@delawarenorth.com NYS Tax ID # 47-1735495 Business Website www.delawarenorth.comE-Mail GM: TLong@delawarenorth.com Owner(s)/ Principal Partners Applicant (last, first) Please see attached list. Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Co -Applicant (last, first) N/A Home Phone ❑ Limited Liability Company fee ❑ Restaurant Take Out $ 88.00 0 Food Store ❑ Meat Fish Poultry ❑ Caterer ❑ Bakery ❑ 0-2 employees ❑ 3-10 employees ❑ 11-15 employees ❑ 26-50 employees ❑ 51-200 employees $115.00 $150.00 $ 88.00 $ 63.00 $105.00 $157.00 $315.00 $525.00 Business Phone (716) 858 - 5000 Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. Hotel with restaurant and meeting space. I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. Initial _ For office use only 60( Subscribed and sworn before me this day of 20 Commissioner of Deeds -- City of Buffalo App No As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. Print Name James W. Houser, President /11 Signature -, 4.V4" Date '1' L ADnfcant must be present at time of all inspections. CITY OF BUFFALO DEPARTMENT OF,ECONOMIC DEVELOPMENT, PERM1'T & INSPECTION SERVICES' BYRON W. BROWN Mayor OFFICE OF THE COMMISSIONER Certificate of Compliance JAMES COMERFORD, Jr. Deputy Commissioner Number 27898 In accordance with the appropriate laws of the State of New York and or the ordinances of the City of Buffalo, the structures at 250 DELAWARE Buffalo, New York, having been inspected and found to conform substantially to applicable laws, ordinances, rules or regulations, the portion identified on this certificate is hereby certified for occupancy. This compliance certificate is subject to the limitations specified herein and is valid until revoked unless automatically voided by this certificate being altered in any manner if there is any violation of a law or ordinance found to exist subsequent to the issuance of the certificate,.e. continued compliance with applicable codes and ordinances is required. Director of Permitsod1nspecO Date Issued: 07/11/2016 Building Classification: 1B fire resistive Occupancy: A-2 Building Permit(s) Number: GC16-9415043 Date Issued: 04/15/2016 Building Inspector: Felschow/Sullivan Date of Inspection: 07/08/2016 Receipt Number: Per Permit Portion of Building being inspected and certified: 1st Floor Restaurant "Patina". 65 NIAGARA SQUARE / 324 CITY HALL / BUFFALO, NY 14202-3303 / (716) 851-4972 / FAX: (716) 851-4242 / Email: jcomerford@city-buffalo.com P-1470 (REV.3/96) 1(la� TO RE.MAILFD TO:... Buffalo Police Department "Identification Section 74 Franklin Street Buffalo, New York 14202 APPLICATION RELEASE FORM 1(16 Jil There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mall. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police.Department. Be sure to include a stamped, self- addressed envelope so that this information can be mailed to you. Complete all the information listed below .and have your Identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: James W. Houser MADIEN NAME: Na SEX: Male RACE: Caucasian CURRENT ADDRESS: 140 Norwood Lane, Orchard Park NY 14127 DATE OF BIRTH: SOCIAL SECURITY NUMBER: 44Q REASON FOR REQUEST: City of Buffalo - Lodging House License Application for The Westin Buffalo STATE OF NEW YORK) COUNTY OF ERIE) SS. CIN OF BUFFALO ) On the Jl.—I Day of �U�% 2016 acknowledged the executions thereof. LIMA POLICE NY POL C DEPT, NO RECORD SIGNATURE OF APP DATE: Before me personally appeared To me know to be the same person described In, and who Executed the foregoing instrument and DEVIN N WHITE Notary Public, State of New York Commission.# 02WH6207647 Qualified in Erie County Commission Expires 6/15/20vr BY IDENTIFICATION SECTION PERSONNEL ****""******************************* *"***********************************TO BE COMPLETED • ❑ RECORD ATTACHED ONO RECORD ON FILE ssioner of Deeds VERIFIED BY: DATE VERIFIED: NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. KNUJW ;..?EDGMENT OF.I:1N? WIDUAL STATE OF NEW YORK COUNTY OF .:(1t. On the \ 14- day of 7U,-Sin the year 2 (5 t L before me, the undersigned, personally appeared �'rn� lirhatspr , personally known to me or proved to me on the basis of satisfactory evidence to be the individual s) whose name(s) is (are) subs ribed to the within instrument and acknowledged to me that e she/they executed the same in ii 'her/their capacity (ies), and that by i'� er/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. aen Notary Public Printed Name: \AL'lkP. My Commission Expires: DEVIN N WHITE Notary Public, State of New York Commission # Q2WH6207647 Qualified in Erie County fy Commission Expires 6/15120 y Restaurant Dance Class 2 — 250 Delaware (DPIS) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated July 15, 2016, with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class 2 License to James W. Houser d/b/a The Westin Buffalo, located at 250 Delaware Avenue. PASSED AYES — 9 NOES - 0 5�D C:\Users\clehnerWppData\Local\Microsoft\Windows\Temporary Internet Files\Content OutlookU5MLCIH5\restaumnt dance class 250 Delaware.docx Cl 0 Communication to the Common Counci To: The Common Council: Date: July 14, 2016 From: Department Department of Permit & Inspection Services, Division Subject: Office of Licenses [: Sidewalk Cafe 72 ELMWOOD AVE Prior Council Reference: (If [: Ext. Item No. xxx, C.C.P. x)dxx/xx: oi1 7 `, Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 1672 Elmwood Ave (NYE PARK TAVERN) and find that as to form is correct.. All necessary approvals will be obtained prior to the issuance of said License. The attached application is thereto for 1672 Elmwood Ave. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. AND THE COMMISSIONER OF PUBLIC WORKS Signature of Department Head: Department Head Name: James Comerford, Jr. Commissioner JC:cap #1 (Rev. 01/1993) BRYON W. BROWN Mayor CITY OF UFFALO C (1 ;---7756' PERMIT & INSPEC.TION SERVICES OFFICE OF LICENSES 65 Niagara Square 301 City Hall Buffalo NY 14202 (716) 851-4078 / FAX (716) 851-4952 JAMES COMERFORD, Jr. Commissioner APPLICATION for a SIDEWALK CAFE CtI MMON COUNCIL REQUIRED Date Applicant Name C-. �, 1 (4.A_ CV 1 li'1 Phone/ I L Oc , Business Name Business Address R4-11 F Ct_ it),) street • city Requirements: 1. Applicant has a Restaurant License. (Restaurant License Number Phone state zip 2. General Liability Insurance naming the City of Buffalo as additional insured. Name the Office of Licenses Room 301, Buffalo NY 11420as the policy holder with a ten (10) day cancellation clause. tc=1- 3. Dimensions of the cafe Number of tables (p Number of chairs 4. Describe method of installing cafe boundaries (ex. wooden deck with railings, wrought iron railings, flower boxes with rope attached). Cafe way not be nermanently affixed to the main building or the public sidewalk. 5. Provide a drawing of the proposed cafe. Show the existing building, the area to be occupied by the cafe, and the area of public sidewalk remaining for pedestrian passage. A minimum of four feet of uninterrupted public sidewalk must exist after installation of the cafe. Use the reverse side if needed. k� t 1 Subscribed and sworn before me this day, of e. l 20 1 stVXN Commissioner of Deeds in and for the City of Buffalo Applicant Signature Signature of owner of building, if different than applicant CITY OF BUFFALO Department of Permit & Inspection Services INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: Office .of Licenses 65 Niagara Sq Rm. 301 Buffalo, NY 14202 (716) 851-4078 ENGINEERING MICHAEL MURPHY NYE PARK TAVERN SIDEWALK CAFE 1672 ELMWOOD North District MARK HUTCHINSON (716)308-7707x SWC16-10027583 -F-ebra;q.26; 2216 2,AU, SQUARE FOOTAGE APPROVED: DISAPPROVED: DISAPPROVAL REMARKS: DATE: DATE: DATE: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) • -. ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** INSPECTOR: 41 Z,,,,-)",0-7—<1 RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. Communication to the Common Council To: The Common Council: Date: July 15, 2016 From: Department Department of Permit & Inspection Services Division Office of Licenses Subject: [: Sidewalk Cafe 1607 HERTEL AVE. [: Prior Council Reference: (If any) [: Ext. Item No. xxx, C.C.P. xx/xx/xx: 0 Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 1607 HERTEL AVE. (BLOCK'S RESTAURANT) and find that as to form is correct.. All necessary approvals will be obtained prior to the issuance of said License. The attached application is thereto for 1607 HERTEL AVE. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. AND SHE COMMISSIONER OF PUBLIC WORKS Signature of Department Head: JG Department Head Name: James Comerford, Jr. Commissioner JC:cap #1 (Rev. 01/1993) BRYON W. BROWN Mayor CITY OF BUFFALO PERMIT & INSPECTION SERVICES OFFICE OF LICENSES 65 Niagara Square 301 City Hall Buffalo NY 14202 (716) 851-4078 / FAX (2.1 6) 851-4952 Luc) 6 ocidNi7 APPLICATION for a SIDEWALK CAFE COMMON COUNCIL REQUIRED JAMES COMERFORD, Jr. Commissioner Applicant Name kA • Business Name 1T-ZA Phone Business Address 107 ,14-44 /14.? gt•-; ,13p -e street city state zip Date Phone -)1k, - Requirements: 1. Applicant has a Restaurant License. (Restaurant License Number Ai- ?72?/) 2. General Liability Insurance naming the City of Buffalo as additional insured. Name the Office of Licenses Room 301, Buffalo NY 1 202 as the policy holder with a ten (10) day cancellation clause. 3. Dimensions of the cafe - ,TJ Number of tables Number of chairs / 4. Describe -method of installing cafe boundaries ( ex. wooden deck with railings, wrought iron railings, flower boxes with rope attached). Cafe mav not be nermanentiv affixed to the main building or the public sidewalk. ICA:A1/14.- \FJz in IL. 7.-K Di • er•dh1e4 VI i_v_ i‘ek rIrin el - 5. Provide a drawing of the proposed cafe. ,Showthe existing building, the area to be occupied by the cafe, and the area of public sidewalk remaining for pedestrian passage. A minimum of four feet of uninterrupted public sidewalk must exist after installation of the cafe. Use the reverse side if needed. — I 1 eiv111.04cf- Subsejibed and s ornbefo m II of 20 Corrunissfoner of Deeds in and for the City of Buffalo Applicant Signature Signature of owner of building, if different than applicant APPLICANT NOTIFICATION `4W ALL -Applications/Applicants requiring Common Council Approval _MIDST conta.C: the applicable District Councilmember listed below prior to the application bein considered. for Approval. 3 i442A JE6 33 kie,,,,t)? DELAWARE DISTRICT — ELLICOTT DISTRICT - FILLMORE DISTRICT - LOVEJOY DISTRICT - MASTEN DISTRICT - NIAGARA DISTRICT. -- NORTH DISTRICT - SOUTH DISTRICT - UNIVERSITY DISTRICT - Michael J. LoCurto 1405 City Hall Darius G. Pridgen 1315 City Hall David A. Franczyk 1408 City Hall Richard A. Fontana 1316-A City Hall Demone A. Smith 1414 City Hall David A. Rivera 1504 City Hall Joseph Golombek Jr. 1502 City Hall Christopher P. Scanlon 1401 City Hall Rasheed N.C. Wyatt 1508 City Hall Applicant Signature #1 (Rev. 1/9)) Single Page Communication to the Common Council To: The Common Council: From: Date: May 29, 2016 Department of Economic Development. Permit & Inspection Services Division: Subject: !Type in Upper and 1 Lower Case Only Prior Council Reference: (If Any) Ext. (Item No. xxx. C.C.P. xx/xx/xx): Text (Type Single Space Below): Office of Licenses [: Tire Handler//Used Car Dealer [: 160 ABBOTT (SOUTH) [: (THR16-10028099) [: (UCD16-10028098) [: 0 6 fesA/ �• ; �j Pursuant to Chapter 263 & 186 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Tire Handler & Repair Shop located 160 ABBOTT . and find that as to form is correct. I have caused an investigation into the premises for which said application for Tire Handler & Repair Shop license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of KHALIL KHALIL. The attached thereto for KHALIL KHALIL /dba/ MAJOR KEY AUTO INC. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. Type Department Head Name: JAMES COMERFORD Type Title: COMMISSIONER. Signature of Department Head: JC: PS:jad ss Interdepartmental Memo Date: May 29, 2016 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Tire Handler & Used Car Dealer at 160 Abbott Rd Per City of Buffalo Ordinance Chapter 263 & 186, the following is a check list of requirements for Tire Handler & Used Car Dealer application to the Common Council: Application Application Notification Building Inspection Fire Department Police Department Police Record Check Director Permit & Inspection Services .6L(, Date CITY OF BUFFALO 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (715) 851-4078 Fax (716) 851-4952 All information on this form is public record BUSINESS LICENSE APPLICATION fee lel Used Car Dealer $262.50 COMMON COUNCIL REQUIRED 0 Second Hand Dealer $118.00 COMMON COUNCIL REQUIRED ❑ Scrap Processor $ 78.75 COMMON COUNCIL REQUIRED ❑ Wholesale Junk Dealer $262.50 COMMON COUNCIL REQUIRED Corporation Name Business Name (dba) Business Address (no PO Box) fee 'Tire Handler I $118.00 10 -1000 tires 0 Tire Handler II $262.50 Include NYS Environmental Conservation Law Part 360; Storage plan and General Liability Insurance at least $50,000 both for personal injury and property damage, must contain 10 day cancellation clause with the certificate holder as City of Buffalo, Office of Licenses Room 301, Buffalo NY 14202 Ma0or \Aotj Au+o, Svc Tire Storage Information Inside Storage> yes _ no Outside Storage yes no ❑ Flee Market fee 1-10 tables $ 78.75 11-25 tables $155.00 +26 tables $210.00 COMMON COUNCIL REQUIRED Business Phone (�1 r ?3- 01 Business Fax ( ) 160 9)Jboti-- fed 1 Ru-F(c Io ; ? 1L\ AQO Mailing Address (if different) (r NYS Tax ID # 1-aci' a1 -1g Business Website E -Mail Owner(s)/ Principal Partners Applicant (last, first) ‘4.\(100\A i��t01\ i) J _`'� n I t } Home Address: PO Box not acceptable) B r- 0 (.,-.);\(.,-.);\(.,-.);\& ' C k e,e1 ' \ `v T f 4_ d Date of birth - IIS Place of Birth '0'n,rAinet Co -Applicant (last, first) Home Phone of Home Phone Cl rL 18-7-0 q g7 Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. Subscribed and thi9 7 day s . orn to before me 0 It and foNhe ew York U6V it F0937 -11111 _1 c15 I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated _ with the business. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, completeand current to the bestrof my knowledge and belief. r Print Name r�Y\fir\1 1�).i r11 Signature ` `���� Date i 4 APPLICANT NOTIFICATION ALL Applications/Applicants requiring Common Council Approval MUST have this Notification signed by Council Personnel for the applicable District Councilmember listed below and return this 'Notification to the Office of Licenses prior to the application being considered for Approval. THIS IS NOT AN APPROVAL NOR DOES THIS DOCUMENT INFER THAT SAID APPROVALS WILL BE GRANTED. License Application Address /6O Buffalo, NY DELAWARE DISTRICT — Joel P. Feroleto 1405 City Hall ELLICOTT DISTRICT - Darius G. Pridgen 1315 City Hall FILLMORE DISTRICT - David A. Franczyk 1408 City Hall LOVEJOY DISTRICT - Richard A. Fontana 1316 City Hall MASTEN DISTRICT - Ulysees O. Wingo, Sr. 1414 City Hall NIAGARA DISTRICT - David A. Rivera 1504 City Hall NORTH DISTRICT - Joseph Golombek Jr. 1502 City HaIL SOUTH DISTRICT -�� Christopher P. Scanlon ( 1401 City Hall UNIVERSITY DISTRICT - Rasheed N.C. Wyatt 1508 City Hall "tounci Personnel 2s3 V-1411 (IttV.3/9b) TO BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 APPLICATION RELEASE FORM OUFF4L +FORCE DEM 2411 J 1 15 pP .l There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self- addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: K11401 I' (1 OACxl \ \ MADIEN NAME: SEX: AAA RACE: Ca ICqS tit\ CURRENT ADDRESS: 1 a B ro u -m 5k. (✓Lp,<p V•�R . N 1y DATE OF BIRTH: SOCIAL SECURITY NUMBER: REASON FOR REQUEST: t 1.S 1 R4' 5S L I C t S -e STATE OF NEW YORK) COUNTY OF ERIE) SS. • CITY OF BUFFALO ) On the CJ Dayo a Q +hold. acknowledged the executions thereof. SIGNATURE OFAPPLI DATE: O 20 lin Before me personally appeared To me know to be the same person described Notary Public/gmmissioner of Deeds *ser*********************************TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL*************************s*********** k,f000RD ATTACHED ONO RECORD ON FILE VERIFIED B / A / l / ) DATE VERIFIED: L ! ¶^l l 100 NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED, BUFFALO POLICE DEPARTMENT CRIMINAL INVESTIGATION REPORT DATE OF INQUIRY: 06/15/2016 13:46:1 THE FOLLOWING REPORT IS NOT BASED ON FINGERPRINT IDENTIFICATION AND INCLUDES ONLY ERIE COUNTY ARRESTS. NAME: KHALIL, KHALIL H DATE OF BIRTH: ADDRESS:40 ST JAMES TE YONKERS, NY 10704 YONKERS, NY 10704 SOCIAL SECURITY #: PCN: NYSID: BOOKING/ALIAS NAMES: KHALIL, KHALIL H WARRANT/WANT INQUIRY - REFER TO THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. RACE: White SEX: M WARRANT #: USE OF THIS INFORMATION IS REGULATED BY LAW. THE INFORMATION SUPPLIED HEREWITH IS A SUMMARY OF INFORMATION RECEIVED FROM LAW ENFORCEMENT AGENCIES WITHIN ERIE COUNTY. ARREST DATE CHARGE 08/15/2007 PL 265.01 01 REIERENCING AGENCY DISPOSITION NIAGARA FRONTIER TRANS REFER TO: NIAGARA FRONTIER TRANS NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAGE: 1 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS July 19, 2016 #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 07/01/2016 in the Department of Administration & Finance Division of Urban Affairs to the Position of Director of Policy & Legislgtj Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of $ 75,160 EXEMPT NON-COMPETITIVE FLAT LAST JOB TITLE Director of Urban Affairs NAME Michael Marcy LAST DEPARTMENT Administration & Finance DATE 6/30/16 ADDRESS 705 Richmond Ave LAST SALARY 71452 CITY & ZIP Buffalo 14222 LAST 4 DIGITS OF SSN. XXX -XX- 6749 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE TITLE CODE NO 1840 PERSONNEL REQ. NO 2015-302 PER YEAR DAY HOUR YEAR BUDGET ORG. CODE 11159001 BUDGET ACCT. OBJ. 411001 PROJ. ID SALARY RANGE OF POSITION $75,160 Flat REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Donna J Estrich TITLE OF APPOINTING AUTHORITY: Commissioner of Ad & Fin DATE: j -44.-÷--c,(1\17-17. SIGNATURE OF APPOINTING AUTHORITY: ,,, ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES) k #4 (Rev 7-07) Certificate of Appointment 0 1 7 In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 07/10/2016 Admin & Finance Urban Affairs Legislative Coordinator Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of $ 53,075 LAST JOB TITLE Intergovernmental Coordinator LAST DEPARTMENT Admin & Fin DATE 07/08/2016 LAST SALARY $52,034 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX - EXEMPT NON-COMPETITIVE FLAT NAME Michael Breen ADDRESS 283 Summer Street CITY & ZIP Buffalo 14222 NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 11159001 BUDGET ACCT. OBJ. 411001 PROJ. ID SALARY RANGE OF POSITION Flat $53,075 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING AUTHORITY: DATE: TITLE CODE NO 1976 PERSONNEL REQ. NO 2015-303 PER YEAR DAY HOUR YEAR Donna J Estrich Commissioner of Administration & Finarb SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) s< #4 (Rev 7-07) Certificate of Appointment 01 In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 07/11/2016 Admin & Finance Budget & Management Secretary to the Commissip Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ 39,779 DATE LAST 4 DIGITS OF SSN. XXX -XX - EXEMPT NON-COMPETITIVE FLAT NAME Amanda Benitez ADDRESS 340 Crestwood Ave CIT & ZIP Buffalo 14216 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 11150001 TITLE CODE NO 0340 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2016-001 SALARY RANGE OF POSITION Flat $39,779 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Donna J Estrich TITLE OF APPOINTING AUTHORITY: Commissioner of Administration & Finarb DATE: �! / 7rr ! _ SIGNATURE OF APPOINTING AUTHORITY: AA ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) /J./ FROM THE COMMISSIONER OF PARKING July 19, 2016 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: July 22, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1757 PASSED July 19, 2016 Pay and Display Meters in Two Parking Lots on Hertel APPROVED JUL 282016 (cA-,\A Gerald A Chwalinski City Clerk 01vy,4 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 14, 2016 FROM: DEPARTMENT: PARKING SUBJECT: PAY AND DISPLAY METERS IN TWO PARKING LOTS ON HERTEL Permission is requested from your Honorable Body for the Parking Department to install a "Pay and Display" meter in the RAPP (Residential Area Parking Program) city owned lot located adjacent to Gecko's Bar & Grille at 1464 Hertel Ave. The rates charged by the Parking Department will be $1/hour from 8am-9pm with a two hour maximum parking limit. I am also requesting approval of an overnight (9pm-8am) rate of $2.00 Permission is also requested from your Honorable Body for the Parking Department to install a "Pay and Display" meter in the RAPP (Residential Area Parking Program) city owned lot located adjacent to La Pizza Club at 1511 Hertel Ave. The rates charged by the Parking Department will be $1/hour from 8am-9pm with a two hours maximum parking limit. I am also requestiong approval of an overnight (9pm-8am) rate of $2.00. SIGNATURE DEPARTMENT HEAD NAME: Kevin Helfer TILE: Commissioner of Parking. 5i\ Pay and Display Meters in Two Parking Lots on Hertel (Parking) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of Parking, dated July 14, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of Parking to install a "Pay and Display" meter in the Residential Area Parking Program ("RAPP") city -owned lot located adjacent to Gecko's Bar & Grille, 1464 Hertel Avenue. The rates charged by the Parking Department will be $1.00/hour from 8:00 a.m. to 9:00 p.m., with a two hour maximum parking limit, and an overnight (9:00 p.m. to 8:00 a.m.) rate of $2.00; and That the Common Council hereby authorizes the Commissioner of Parking to install a "Pay and Display" meter in the Residential Area Parking Program ("RAPP") city -owned lot located adjacent to La Pizza Club, 1511 Hertel Avenue. The rates charged by the Parking Department will be $1.00/hour from 8:00 a.m. to 9:00 p.m., with a two hour maximum parking limit, and an overnight (9:00 p.m. to 8:00 a.m.) rate of $2.00. PASSED AYES -9 NOES - 0 5 �I C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\J5MLCII-I5\Pay and Display Meters.docx _2\ POI 2 (A FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING July 19, 2016 #4 (Rev 7-07) Certificate of Appointment 017 a� .. l l In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: JULY 1ST 2016 in the Department of COMMUNITY SERVICES Division of RECREATIONAL PROGRAMMING to the Position of DIRECTOR OF RECREATION Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 61,700 LAST JOB TITLE NAME KENNETH SIMMONS LAST DEPARTMENT DATE ADDRESS 59 STEWART LAST SALARY CITY & ZIP BUFFALO, 14211 LAST 4 DIGITS OF SSN. XXX -XX -8505 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15515001 TITLE CODE NO 5750 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-309 SALARY RANGE OF POSITION $61,700 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: OTIS T BARKER TITLE OF APPOINTING. AUTHORITY: DEPUTY COMMISS.COMMUNITY SER.& RECREATIONAL PROGRAM. DATE: 7//e, SIGNATURE OF APPOINTING AUTHORITY: kz, ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 5 #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: JULY 1ST, 2016 in the Department of COMMUNITY SERV. & RECREATIONAL PROGRAMMING Division of YOUTH to the Position of DIRECTOR OF YOUTH (PART TIME) Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMP-T Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 38,000 LAST JOB TITLE NAME NEKIA KEMP LAST DEPARTMENT DATE ADDRESS 355 MARTHA AVE LAST SALARY CITY & ZIP BUFFALO NY 14215 LAST 4 DIGITS OF SSN. XXX -XX -6568 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15513001. TITLE CODE NO 5620 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-306 SALARY RANGE OF POSITION $38,000 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: OTIS T. BARKER SR. TITLE OF APPOINTING. AUTHORITY: DEPUTY COMMISSIONER DATE: 75 /4,!^i `T SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 5`� #4 (Rev 7-07) Certificate of Appointment .0 . 7 ' :0 In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of JULY 4TH 2016 COMMUNITY SERVICE & RECREATIONAL PROGRAMMING Division of to the Position of SECRETARY TO THE COMMISSIONER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 43,379 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION DATE LAST 4 DIGITS OF SSN. XXX -XX -1037 DATE LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE EXEMPT NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP 15501001 411001 PROJ. ID $43,379 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: PHYLLIS BROWN 1325 MAIN ST APT 313 BUFFALO NY 14209 TITLE CODE NO PERSONNEL REQ. NO PER YEAR DAY HOUR OTIS T BARKER DEPUTY COMMISSIONER 7/ij4 .(:" 771esez .07 0339 2015-308 YEAR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) �o FROM THE BOARD OF EDUCATION O7fq July 19, 2016 Z�� TO: Julia Paul, Sr. Legislative Assistant 0I rig Dr. Kriner Cash Superintendent of Schools Will Keresztes, Ed.D., Chief of Intergovernmental Affairs, Planning, and Community Engagement FROM: Will Keresztes, Ed.D., Chief of Intergovernmental anning, and Community Engagement RE: Resolution—School Board Elections DATE: July 6, 2016 Thank you for your request to provide comment on the attached Common Council Resolution. On behalf of Superintendent Cash, and pursuant to our administrative practice, District officials do not offer comment on election matters. RECEIVED AND FILED 1 Buffalo Public Schools 701 City Hall Buffalo, New York 14202 716-816-3596 716-851-3834 (fax) 6 June 30, 2016 Common Council 'Emigiatibe apt& City of Buffalo, NY ruiner Cash, Superintendent Buffalo Board of Education Room 712 City Hall 65 Niagara Square Buffalo, NY 14202 Chief of Staff Dinask Lal Deputy Chief of Staff Damon Palmer RECEIVED JUL CLTEITNTENDENTS CFic Superintendent Kriner Cash: M the May 10, 2016 Buffalo Common Council meeting, the attached Resolution regarding "School Board Elections -Move to November" was ADOPTED by the Common Council. We respectfully request your comment on this resolution. Please file your response with the Office of the City Clerk, Room 1308 City Hall, Buffalo, NY 14202. Respectfully, Julia Paul Sr. Legislative Assistant Buffalo Common Council 65 Niagara Square Rm. 1413 Buffalo, NY 14202 ipaul@cig-buffalo.com 4 ' ' Whereas: It seems readily apparent that the high expense and consistent low voter turnout over the years associated with the May School Board elections make it prudent to move these elections to coincide with the November general elections; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo supports amending New York State Education Law to allow the Buffalo School Board elections to coincide with the November general elections; and Be it Further Resolved: That the Common Council memorializes the New York State Legislature to amend the New York State Education Law to allow for members of the Buffalo Board of Education to be elected at the November general elections; and Be it Finally Resolved: That the Council Staff follow this resolution with a report to the Common Council and send copies of this resoludon to New York State Senate Majority Leader John Flanagan, New York State Assembly Speaker Carl E. Heastie, all Members of the Western New York delegation of the Senate and Assembly, the Erie County Board of Elections, Mayor Byron W. Brown, School Superintendent ICriner Cash, the Buffalo Teachers Federation, the City of Buffalo Board of Education members and the Corporation Counsel for their comments. Josep Golombelc, Jr RESOLUTION By: Mr. Golombek Date: May 10, 2016 Re: School Board Elections —Move to November Whereas: In the recent School Board Election held on May 3, 2016, less than 10% of eligible city voters cast a ballot for the five seats that were being contested; and Whereas: With the City of Buffalo experiencing a renewed interest and resurgenbe, keeping families with school age children here is as important as ever, is it wise to hold an election in May when more than 90% of the voters stay home; and Whereas: November School Board elections would facilitate wider public participation and would make candidates accountable to a larger voting population; and Whereas: Holding Buffalo School Board elections in November with other general elections would foster greater transparency, while making a larger number of voters more aware of the candidates and their positions; and Whereas: Neighboring New York State cities Rochester and Syracuse hold their School Board elections in November, and Whereas: The Common Council has sponsored resolutions calling for the Buffalo School Board elections to be held in November in 1995, 1997, 2001, 2004, 2005, 2007, 2010, 2013 and 2014, imploring the New York State Senate and Assembly to amend the education law; and Whereas: Atter a voter referendum passed in 1973, the Buffalo Board of Education held its first May election in 1974, in an effort to be independent and non-political. Less 10% of eligible voters turned out for that election in 1974; and Whereas: Low voter turnout and the high expense associated with the May School Board elections only makes it all the more prudent to move these elections to coincide with the November general elections; and Whereas: Critics contend that moving the elections to November would make the election process too political. In recent years, the Buffalo Board of Education's May elections have become more and more politicized. This year the Buffalo Teachers Federation, AFL-CIO, New York State United Teachers and the Buffalo Niagara Partnership all backed candidates in the races and spent tens of thousands of dollars on fliers, signs, door to door solicitations, phone banks and robocalls to potential voters- a definite indication that May elections do not take the politics out of the races; and 0?� FROM THE CITY CLERK July 19, 2016 GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics TIANNA M. MARKS Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics OFFICE OF THE CITY CLERK 017 g 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851-4845 July 1, 2016 Item Returned to City Clerk by Mayor Without Approval or Disapproval I hereby inform you that the following Item which was passed by the Common Council on June 21, 2016 No. 1544 No. 1545 No. 1560 No. 1563 No. 1567 No. 1568 No. 1572 No. 1573 No. 1574 Waive Building. Permit Fees for the Buffalo Zoo's Main Animal Building Roof Replacement Waive Special Event Fee -Sanitation for North Bflo Farmer's Market Waiver of Habitat for Humanity License and Curb Cut Fees for Fiscal Yr 2016-17 Waive Park Permit Fees -Soccer for Success Family Day Waiver of Fees for Leonardo da Vinci High School Senior Class Picnic Waiver of Fees for US Naval Reserve Family Picnic Waiver Event Fees for Use of South Park Lake -Father Baker's Father's Day Waive Event Fees -Use of Tosh Collins CC -Train Electrical Inspectors Waive Park Rental and Special Event Fees for Various Events Was presented to the Mayor on June 24, 2016, and returned to the City Clerk on June 30, 2016 without approval or disapproval Respectfully submitted, elo , „tad vizortfa Gerald A. Chwalinski City Clerk RECEIVED ►;ND FILED G�' 01;' 3 No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address 2022 Seneca St 2192 Niagara St 1634 Bailey Ave RECEIVED AND FILED July 19, 2016 Business Name Daddy Goo Goo Acqua Macky's Shamrock Room Owner's Name Daddy Goo Goo LLC Riverfront on the Niagara LLC Party Atmosphere Maintainers. Inc STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL NOTICE OF HEARING PURSUANT TO SECTION 64(7) OR 64-a(7) of the Alcoholic Beverage Control Law TO: Applicant Address and Principal Residence Address Daddy Goo Goo LLC 2022 Seneca St. Buffalo, NY 14210 Community Board/Municipality: City of Buffalo Office of the City Clerk 1308 City Hall. Buffalo, NY 14202 PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7) or 64-a (7) of the Alcoholic Beverage Control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on -premises liquor establishments, will be held on: Date: Time: Place of Hearing: Room: NYS Liquor Authority 7/21/2016 11:00 am Electric Tower Building SLA Hearing 535 Washington St. Room Buffalo, NY 14203 An on -premises liquor license application was filed on 5/25/2016 with the State Liquor Authority for the following premises: Applicant's Serial 3157586 Number and Name: Daddy Goo Goo LLC Premises Address: 2022 Seneca St. Buffalo, NY 14210 Testimony will be taken from: the applicant and/or an authorized representative, an individual duly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre -registered no later than forty-eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at (716) 847 - 3001, Individuals who do not pre -register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on -premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. THERE WILL BE NO ADJOURNMENT OF THIS HEARING. ATTENDANCE IS REQUIRED. DATE: July 11, 2016 BY: David L. Edmunds, Dep FORM: LIM (5/11) mam STATE LIQUOR HORITY opla-rev 01/22/16 NEWYORK STATE OF OPPORTUNITY. . O Original State Liquor Authority OFFICE USE ONLY O Amended Date Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a ... _ .. Local Municipality or Community Board (Paae 1 of 2 of Form) 1. Date Notice Was Sent: (July 1, 2016 1a. Delivered by: Certified Mail Return Receipt Requested 2. Select the type of Application that will be filed with the Authority for an On -Premises Alcoholic Beverage License ❑ New Application ❑ Renewal ❑ Alteration ❑ Corporate Change ❑ Removal ❑X Class Change For New applicants, answer each question below using all information known to date. For Renewal applicants, set forth your approved Method of Operation only. For Alteration applicants, attach a complete written description and diagrams depicting the proposed alteration(s). For Corporate Change applicants, attach a list of the current and proposed corporate principals. For Removal applicants, attach a statement of your current and proposed addresses with the reason(s) for the relocation. For Class Change applicants, attach a statement detailing your current license type and your proposed license type. This 30 -Day Advance Notice is Being Provided to the Clerk of the following Local Municipality or Community Board 3. Name of Municipality or Community Board:) City of Buffalo Applicant/Licensee Information 4. License Serial Number, if Applicable: 3150199 I Expiration Date, if Applicable: 1 5. Applicant or Licensee Name: Riverfront on the Niagara LLC 6. Trade Name (if any): 1 Acqua 7. Street Address of Establishment: 12192 Niagara Street 8. City, Town or Village: 'Buffalo 1 ,NY Zip Code :14207 9. Business Telephone Number of Applicant/Licensee: 1(716) 874-5400 10. Business Fax Number of Applicant/Licensee: 1 11. Business E-mail of Applicant/Licensee: lwkoessler@verizon.net 12. Type(s) of Alcohol sold or to be sold: ❑ Beer & Cider ❑ Wine, Beer & Cider ❑X Liquor, Wine, Beer & Cider 13. Extent of Food Service: ❑x Full food menu; ❑ Menu meets legal minimum food availability requirements; Full Kitchen run by a chef or cook Food prep area at minimum 14. Type of Establishment: (Catering Facility (Private events only) 15. Method of Operation: (Check all that apply) ❑ Seasonal Establishment ❑X Juke Box ❑X Disc Jockey ❑X Recorded Music ❑ Karaoke ❑X Live Music (Give details: i.e. rock bands, acoustic, jazz, etc.): Q Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing ❑ Topless Entertainment ❑ Video/Arcade Games ❑ Third Party Promoters ❑ Security Personnel ❑ Other (specify): 1 16. Licensed Outdoor Area: ElNone 0Patio or Deck 0 Rooftop ❑ Garden/Grounds ❑ Freestanding Covered Structure (Check all that apply) ❑ Sidewalk Cafe ❑ Other (specify): Page 2 opla-rev 01/22/16 STATE K S STATE OP OPPORTUNITY. Q Original State Liquor Authority OFFICE USE ONLY Q Amended Date Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Local Municipality or Community Board (Paae 2 of 2 of Form) 111 49 17. List the floor(s) of the building that the establishment is located on: First Floor 18. List the room number(s) the establishment is located in within the 2 building, if appropriate: 19. Is the premises located within 500 feet of three or more on -premises liquor establishments? QYes QNo 20. Will the license holder or a manager be physically present within the establishment during all hours of operation? QYes Q No 21. If this is a transfer application (an existing licensed business is being purchased) provide the name and serial number of the licensee. 22. Does the applicant or licensee own the building in which the establishment is located? 0 Yes (If Yes SKIP 23-26) ® No Owner of the Building in Which the Licensed Establishment is Located 23. Building Owner's Full Name: 12192 Niagara Street LLC 24. Building Owner's Street Address: 12192 Niagara Street 25. City, Town or Village:I Buffalo State: I NY 1 Zip Code :114207 26. Business Telephone Number of Building Owner: 1(716) 947-0189 Representative or Attorney representing the Applicant in Connection with the application for a license to traffic in alcohol at the establishment identified in this notice 27. Representative/Attorney's Full Name: 'Justin 5. White, Esq. 28. Street Address: 15662 Main Street 29. City, Town or Village: 'Williamsville I State: INY Zip Code :114221 30. Business Telephone Number of Representative/Attorney: 1(716) 631-9100 31. Business Email Address : I jwhite@sbwattorneys.com I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon, and that false representations may result in disapproval of the application or revocation of the license. By my signature, I affirm - under Penalty of Perjury - that the representations made in this form are true. 32. Printed Name:' William Koessler 1 Title' Managing Mamber Signature: X Page 3 REQUEST FOR WAIVER OF THE 30 DAY MUNICIPALITY NOTIFICATION Date 07/01/2016 To the Mayor of the City of Buffalo: Please be advised that a waiver of the 30 day notification is being requested by PARTY ATMOSPHERE MAINTAINERS, INC dba MACKY'S SHAMROCK ROOM, located at 1634 BAILEY AVE., BUFFALO, NY 14212 for an ON PREMISES LIQUOR, WINE, & BEER license in a CATERING FACILITY. This request is made to expedite the licensing process. The principals for this application are: JAMES F. MOBERLY 175 CLAREMONT AVE., BUFFALO, NY 14222 716-883-7383 LANDLORD: BAILEY PULLMAN, LLC 175 CLAREMONT AVE. BUFFALO, NY 14222 716-883-7383 Thank You, If such waiver is granted, please fax, e-mail or forward it to: Robert Heil - Liquor License Consultant 5008 Mount Vernon Blvd. Hamburg, NY 14075 FAX : 866-910-5025 E-MAIL : myteambob@gmail.com If you have any questions please contact me at 716-512-5018 opla-rev 01 /22/16 SATEYORK OF STATE OF OPPORTUNITY. Q Original State Liquor Authority OFFICE USE ONLY Q Amended Date Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Local Municipality or Community Board (Paae 1 of 2 of Form) Z 49 1. Date Notice Was Sent: (Jul 1, 2016 la. Delivered by: (Certified Mail Return Receipt Requested 2. Select the type of Application that will be filed with the Authority for an On -Premises Alcoholic Beverage License ® New Application ❑ Renewal ❑ Alteration ❑ Corporate Change ❑ Removal ❑ Class Change For New applicants, answer each question below using all information known to date. For Renewal applicants, set forth your approved Method of Operation only. For Alteration applicants, attach a complete written description and diagrams depicting the proposed alteration(s). For Corporate Change applicants, attach a list of the current and proposed corporate principals. For Removal applicants, attach a statement of your current and proposed addresses with the reason(s) for the relocation. For Class Change applicants, attach a statement detailing your current license type and your proposed license type. This 30 -Day Advance Notice is Being Provided to the Clerk of the following Local Municipality or Community Board 3. Name of Municipality or Community Board:IBUFFALO Applicant/Licensee Information 4. License Serial Number, if Applicable: (PENDING 1 Expiration Date, if Applicable: IN/A 5. Applicant or Licensee Name: (PARTY ATMOSPHERE MAINTAINERS, INC 6. Trade Name (if any): IMACKY'S SHAMROCK ROOM 7. Street Address of Establishment: 1634 BAILEY AVE 8. City, Town or Village: (BUFFALO ,NY Zip Code :114212 9. Business Telephone Number of Applicant/Licensee: 1716-883-7383 10. Business Fax Number of Applicant/Licensee: 1N/A 11. Business E-mail of Applicant/Licensee: macmoberly@gmail.com 12. Type(s) of Alcohol sold or to be sold: ❑ Beer & Cider ❑ Wine, Beer & Cider ® Liquor, Wine, Beer & Cider 13. Extent of Food Service: 14. Type of Establishment: 15. Method of Operation: (Check all that apply) Full food menu; ❑ Menu meets legal minimum food availability requirements; Full Kitchen run by a chef or cook Food prep area at minimum (Catering Facility (Private events only) ❑ Seasonal Establishment ❑ Juke Box ® Disc Jockey ® Recorded Music ® Karaoke ® Live Music (Give details: i.e. rock bands, acoustic, jazz, etc.): (MIXED ® Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing ❑ Topless Entertainment ❑ Video/Arcade Games ❑ Third Party Promoters ❑ Security Personnel ❑ Other (specify): 1 16. Licensed Outdoor Area: ® None ❑ Patio or Deck ❑ Rooftop ❑ Garden/Grounds ❑ Freestanding Covered Structure (Check all that apply) ❑ Sidewalk Cafe ❑ Other (specify): Page 2 opla-rev 01/22/16 ,J ,11EW YORK OPP ATERT1JNrre. 0 Original State -Liquor Authority OFFICE USE ONLY 0 Amended Date 49 Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Local Municipality or Community Board. (Pace 2 of 2 of Form) 17. List the floor(s) of the building that the establishment is located on:13 18. List the room number(s) the establishment is located in within the BASEMENT -STORAGE 1ST- KITCHEN, DINING, BAR, RESTROOMS building, if appropriate: 2ND- STORAGE, OFFICE 19. Is the premises located within 500 feet of three or more on -premises liquor establishments? QYes@+ No 20. Will the license holder or a manager be physically present within the establishment during all hours of operation? QYes 0 No 21. If this is a transfer application (an existing licensed business is being purchased) provide the name and serial number of the licensee. IN/A 22. Does the applicant or licensee own the building in which the establishment is located? 0 Yes (If Yes SKIP 23-26) 0 No Owner of the Building in Which the Licensed Establishment is Located 23. Building Owner's Full Name: 'BAILEY PULLMAN LLC 24, Building Owner's Street Address: 1175 CLAREMONT AVE 25. City, Town or Village:lBUFFALO 1 State: 1NY 26. Business Telephone Number of Building Owner: 1716-883-7383 Zip Code :114222 Representative or Attorney representing the Applicant in Connection with the application for a license to traffic in alcohol at the establishment identified in this notice 27. Representative/Attorney's Full Name: 'ROBERT HEIL 28. Street Address: 15008 MOUNT VERNON BLVD 29. City, Town or Village: 'HAMBURG 1 State: 1NY 1 Zip Code :114075 30. Business Telephone Number of Representative/Attorney: 1716-512-5018 31. Business Email Address ;'myteambob@gmali.com i am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made In this form will also be relied upon, and that false representations may result in disapproval of the application or revocation of the license. By my signature, I affirm - under Penalty of Perjury - that the representations made in this form are true. 32. Printed Name: Signature: X 1 Title 1sZ- Page 3 No. O 7RA Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium x Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Home Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED July 19, 2016 ti� #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE July 1, 2016 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT [: BOARD ATTENDANCE [: [: ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise you that Board Members as follows were present at the Annual Meeting of the Buffalo Sewer Authority held on July 1, 2016, at the Bird Island Wastewater Treatment Plant. Herbert L. Bellamy, Jr., Chairman John D. Kennedy, Sr., Vice Chairman Christopher Roosevelt, Assistant Vice Chairman Eleanor Petrucci, Secretary Absent: none DEPARTMENT HEAD NAME: Oluwole A. McFoy, P.E. TITLE: GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD: /IP ' Oi7 No. evP. Reports of Acting Time I transmit herewith notifications received by me, reporting Acting Time, in the various departments as listed: Mayor/Mayor Executive- Comptroller - Common Council - Assessment and Taxation - Public Works, Streets & Parks- Police- Fire- Corporation arks-Police-Fire- Corporation Counsel - Community Services - Economic Development & Permit and Inspection Services - Management Information Systems Administration, Finance & Urban Affairs - X Parking- Marlene Smith 6/24/T6 6/27/16 'Ti'shawri Cambpell 6/27/16 7/12/16 7/13/16 Nicole Bongiovanni 6/21/16 6/22/16 6/23/16 6/24/16 6/25/16 Nichoals Schafer 6/23/16 6/24/16 6/29/16 6/30/16 7/01/167/02/16 7/5/16 7/6/16 7/15/16 Francis Angelo 7/08/16 7/15/16 Lynda Barnes 7/4/16 7/6/16 7/7/16 7/8/16 Theresa Nichols 7/11/16 RECEIVED AND FILED. July 19, 2016 r SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: July 5, 2016 FROM: DEPARTMENT: Parking SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xx) [:Acting Time We would like to inform Your Honorable Body that the following empoloyees will be paid acting time. Marlene Smith filled in as Administrative Assistant in Parking Violations on June 24, 2016 and June 27, 2016. The Administrative Assistant was on vacation. This is in accordance with the Local 650 union contract. Tishawn Cambpell filled in as Meter Mechanic onJune 27, 2016. There was no meter mechanic available to fill this shift. He will be paid acting time since his permanent title is Laborer II. This is in accordnance with the Local 264 contract. Nicole Bongiovanni filled in as Parking Enforcement Supervisor in Parking Enforcement on June 21, June 22,June 23, June 24, and June 25, 2016. The Parking Enforcement Supervisor was off on vacation. She will be paid acting time since her permanent title is Parking Enforcement Officer. Nichoals Schaefer filled in as Tow Truck Operator in Parking Enforcement on June 23, June 24 June 29, June 30, July 1, and July 2, 2016. There was no Tow Truck Operator available to work the shifts. He will be paid acting time since his permanent title is Parking Meter Mechanic. This is in accordance with the Local 264 union contract. SIGNATURE DEPARTME T HEAD TITLE : Commissioner SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: July 18, 2016 FROM: DEPARTMENT: Parking SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xx) [:Acting Time We would like to inform Your Honorable Body that the following empoloyees will be paid acting time. Francis Angelo filled in as Parking Meter Mechanic in Parking Enforcement on July 8, 2016and July 15, 2016. The Parking Meter Mechanic was off on paid leave. He will be paid acting time since his permanent title is Parking Enforcement Officer. This is in accordance with the Local 264 union contract. Lynda Barnes filled in as Administrative Assistant at Dart St Impound on July 4,2016 July 6, 2016, July 7, 2016, and July 8, 2016.. The Administrative Assistant was off on paid leave. She will be paid acting time since her permanent title is Associate Account Clerk. This is in accordance with the Local 650 union contract. Tishawn Campbell filled in as Parking Meter Mechanic in Parking Enforcement on July 12, 2016 and July 13, 2016. The Parking Meter Mechanic was off on paid leave. He will be paid acting time since his permanent title is Laborer II. This is in accordance with the Local 264 union contract. Theresa Nichols ffilled in as Dispatcher in Parking Enforcement on July 11, 2016. The Dispatcher was off on paid leave. She will be paid acting time since her permanent title is Laborer II. This is in accordance with the Local 264 union contract. Nichoals Schaefer filled in as Tow Truck Operator in Parking Enforcement on July 5, 6, and 15, 2016. There was no Tow Truck Operator available to work this shift. He will be paid acting time since his permanent title is Parking Meter Mechanic. This is in accordance with the Local 264 union contract. SIGNATURE DEPARTMENT HEAD TITLE : Commissioner �2� 0'7 fD fir, No. Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Rivera moved the approval of the appointments to the position of Council Intern. ADOPTED. July 19, 2016 #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: July 5, 2016 in the Department of Common Council Division of City Clerk to the Position of Intern VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNCLASSIFIED Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE 1775 NAME Irving Peay LAST DEPARTMENT City Clerk DATE 2015 ADDRESS 108 Langfield Ave LAST SALARY $10.00 CITY & ZIP Buffalo 14215 —i LAST 4 DIGITS OF SSN. XXX -XX -2584 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10220001 TITLE CODE NO 1775 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5574 SALARY RANGE OF POSITION $10.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: J 5, 2016 SIGNATURE OF APPOINTING AUTHORITY: Chmta-LAV,\/ ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: July 6, 2016 in the Department of Common Council Division of Masten District to the Position of Intern IX Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNGLASSIFIED Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE NAME John Dunmore LAST DEPARTMENT DATE ADDRESS 430 Delaware Apt 202 LAST SALARY CITY & ZIP Buffalo 14202 LAST 4 DIGITS OF SSN. XXX -XX -2120 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10102001 TITLE CODE NO 1778 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5605 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: Jul 6, 2016 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: July 12, 2016 in the Department of Common Council Division of City Clerk to the Position of Intern VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNCLASSIFIED Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE 1775 NAME Charleen Walker LAST DEPARTMENT City Clerk DATE 2015 ADDRESS 233 E. Eagle St. Apt 705 LAST SALARY $10.00 CITY & ZIP Buffalo 14204 LAST 4 DIGITS OF SSN. XXX -XX -6401 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10220001 TITLE CODE NO 1775 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5686 SALARY RANGE OF POSITION $10.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: Jul 12, 201 a ` 1 SIGNATURE OF APPOINTING AUTHORITY: ✓GL�0 _ ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) No. Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. July 19, 2016 q\\ (1) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 71/1/(4) in the Department of Parking Division of Parking Enforcement to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 13.06/hour LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -2402 DATE LAST 4 DIGITS OF SSN. XXX -XX - NAME Kayla L Hahn ADDRESS 280 Cable Street CITY & ZIP Buffalo NY 14206 NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 11413001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-275 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Kevin J. Helfer TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 111116, SIGNATURE OF APPOINTING AUTHORITY: �'' ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: ?0,21/6 in the Department of Parking Division of Parking Enforcement to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 13.06/hour LAST JOB TITLE NAME Brian D Irvin LAST DEPARTMENT DATE ADDRESS 3182 Main St Apt 7 LAST SALARY CITY & ZIP Buffalo NY 14214 LAST 4 DIGITS OF SSN. XXX -XX -6799 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 11413001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-298 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Kevin J. Helfer TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 7// *1 j- / 4/ SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 7/12/16 Audit and Control Comptroller's Office Intern VI (Part-time) Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION (Insert one) $ 10.00 DATE LAST 4 DIGITS OF SSN. XXX -XX -6466 NON-COMPETITIVE HOURLY NAME ADDRESS CITY & ZIP NAM E DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE Margaret E. Seifert 140 Arbour Lane, Apt. 4 Buffalo, New York 14220 10441001 TITLE CODE NO 412002 PROJ. ID PERSONNEL REQ. NO $10.00 • PER YEAR DAY HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Anne Forti-Sciarrino, CPA Deputy Comptroller 7/12/16 1775 5674 HOUR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES) 0 i. 7 ' 0 No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. July 19, 2016 (irk #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 7/1116 in the Department of Mayor's Office of Strategic Planning Division of Development to the Position of Market Manager and Food Enterprises Coordinator Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) OPEN -COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 62,000 LAST JOB TITLE Economic Development Coordinator NAME Kathleen Peterson! LAST DEPARTMENT OSP DATE 6/30/16 ADDRESS 62 Tillinghast LAST SALARY $61,748 CITY & ZIP Buffalo, 14216 LAST 4 DIGITS OF SSN. XXX -XX -0968 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10309001 TITLE CODE NO 1463 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-312 SALARY RANGE OF POSITION $62,000 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Brendan Mehaffy TITLE OF APPOINTING. AUTHORITY: Executive Director DATE: 7/11 SIGNATURE OF APPOINTING AUTHORITY: i a ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE-APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #3 (Rev 1-02) Certificate- of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of July 11, 2016 Assessment and Taxation Junior Data Control Clerk Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non -Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM ,(Enter Starting Salary) : Starting Salary of: $35,348 LAST JOB TITLE Private Sector NAME Samantha Sanfilippo LAST DEPARTMENT DATE ADDRESS 215 Saranac Avenue LAST SALARY CITY & ZIP Bufalo, New York 14216 LAST 4 DIGITS OF SSN. XXX -XX -6158 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10647001 TITLE CODE NO 0969 BUDGET ACCT. OBJ. 41101 PROJ. ID PERSONNEL REQ. NO 2015-247 SALARY RANGE OF POSITION $35,348 - $38,955 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Martin F. Kennedy TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: �July 11, 2016 SIGNATURE OF APPOINTING AUTHORITY: `L.,„ *9-1 €w4, ORIGINAL + 3 COPIES TO: CITY CLERK (ON/BEFORE POINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #4 (Rev 7-07) Certific : fe of App •, Meme In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 07/05/2016 in the Department of Human Resources Division of Civil Service to the Position of Personnel Assistant (Civil Service) Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) OPEN -COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 37,130 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -3147 NAME Samantha Jakubowski ADDRESS 229 Crescent Avenue CITY & ZIP Buffalo 14214 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12554001 TITLE CODE NO 1371 BUDGET ACCT. OBJ. 41101 PROJ. ID PERSONNEL REQ. NO 2015-242 SALARY RANGE OF POSITION $37,130-$41,529 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Gladys G. Herndon -Hill Commissioner of Human Resources .14104/1Adat- A_c1/( ORIGINAL + 2 COPIES TO: CITY °CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) EI igs7 T: Ej':g #4 (Rev 7-07) Cer if cat = of Appoint In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointment(s) or prornotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 07/05/2016 in the Department of Human Resources Division of Civil Service to the Position of Personnel Assistant (Civil Service) Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) f•, Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) OPEN -COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 37,130 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -2091 DATE LAST 4 DIGITS OF SSN. XXX -XX - NAME William McHugh ADDRESS 69 Alsace Avenue CITY & ZIP Buffalo 14220 NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12554001 TITLE CODE NO 1371 BUDGET ACCT. OBJ. 41101 PROJ. ID PERSONNEL REQ. NO 2015-242 SALARY RANGE OF POSITION $37,130-$41,529 PER .YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Gladys G. Herndon -Hill Commissioner of Human Resources IAc$4 I/L5'( ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) HS38S8I SO.8 SjL8W #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointment(s) or promotion(s). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: JULY 6, 2016 in the Department of COMMUNITY SERVICES & RECREATIONAL PROGRAM Division of COMMUNITY SERVICES to the Position of YOUTH VOCATIONAL COUNSELOR Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVISIONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) OPEN -COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 46,525 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY SPECIAL ASSISTANT COMMUNITY SERV DATE $40,373 LAST 4 DIGITS OF SSN. XXX -XX -5743 BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION NAME ADDRESS CITY & ZIP NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE 15560001 411001 PROJ.ID 46,525 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: FRANKLIN S.M. CARTER 63 GALLATIN AVE APT #2 BUFFALO, NY 14207 TITLE CODE NO PERSONNEL REQ. NO PER YEAR DAY HOUR OTIS T. BARKER DEPUTY COMMISSIONER 1///4 164 77" -1 9730 2015-307 YEAR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of July 11,2016 Fire Fire Sr. Acct Clerk Typist Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of LAST JOB TITLE Complaint Clerk LAST DEPARTMENT Div. Citizen Services LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ 36,866 DATE 7/10/16 LAST 4 DIGITS OF SSN. XXX -XX - PERMANENT OPEN -COMPETITIVE MINIMUM NAME Bridget Young ADDRESS 670 Woodlawn Ave CITY & ZIP Buffalo, NY 14211 NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - BUDGET ORG. CODE 12131001 BUDGET ACCT. OBJ. 411001 SALARY RANGE OF POSITION $36,866-$41,029 REFERRED TO THE COMMITTEE ON CIVIL SERVICE PROJ. ID REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Garnell W. Whitfield Jr. TITLE OF APPOINTING AUTHORITY: Commissioner of Fire DATE: SIGNATURE OF APPOINTIN):K.,G AUTHORITY: TITLE CODE NO 0411 PERSONNEL REQ. NO (916, 07 3 PER YEAR DAY HOUR YEAR ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Public Works, Parks & Streets Division of Water to the Position of General Mechanic (Water) Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVISIONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) OPEN -COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 31,675 (Step 11) LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX - NAME Everett Abernathy Sr. ADDRESS' 189 Guilford St. CITY & ZIP Buffalo 14211 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 53003801 TITLE CODE NO 692W BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-192 SALARY RANGE OF POSITION $31,675 - $48,731 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner 16 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) NON -OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON -OFFICIAL COMMUNICATIONS July 19, 2016 V 1 9 B.L.O.0 Black Liberation. and Organizing Collaborative 183 Lemon Street Buffalo, NY 14202 July 12, 2016 Mayor Byron Brown. Buffalo Common Council 65 Niagara Sq Suite 201 Buffalo, NY 14202 Councilman David Franczyk 65 Niagara Sq. Suite 1408 Buffalo, NY 14202 Dear Sirs, B.L.O.0 has been formed as a community collaborative by the U.N.I.A, WNY Alliance for Environmental Justice, and residents of the Fruit Belt in order to bring about equity in Buffalo's long neglected urban community. As of this moment we are demanding the same justice for Nyree Anderson as was delivered for Maksym Sugorovsky. It has been too long since baby, Nyree died for that walk to not be repaired and it is ridiculous that the city would claim that in order for repairs to be done, the city would have to be on notice. By Councilman Franczyk's own admission in an interview, 1ic canvassed that street and saw the deterioration of the sidewalk. WHY WASN'T IT FIXED? When little Maksym was killed, this city along with the state, responded within 2 -1 hours by erecting barriers. It has been over a week and the government that black residents pay taxes to is telling us that when our children die, we have to hurdle the red tape of' inspectors first. This is UNACCEPTABLE! If you can respond in 24hrs for a white child, we expect the same for ours. This entire situation is carrying the stench of the Galleria Mall accident that killed Cynthia Wiggins. They did not think her life was worth changing the bus route until there were lawsuits filed and your not changing the sidewalk ww itliout red tape. We are worth more than the services you're rendering want we demand "in kind" services - NOW! We fully expect Moselle St. to be repaired within the same 24hr time utilized for Maksym. In addition, we demand an immediate halt to police escorted bike "tours" through cast side neighborhoods. The streets are public and anyone is welcome to use them but we are vehemently against our tax dollars being used to escort a majority white group 10 "view" our neighbors in the interest of "diversity." Our neighborhoods are not zoos, \Vc are not animals, no one is paying us admission to look at us, and we will not be treated as such. These "tours" under police escort perpetuate racist stereotyping, are insulting and dehumanizing. We will not tolerate it and will make and future police escorted tours as uncomfortable as possible, within the confines of the law. Sincerely, Carolette Meadows India Walton Malik Blyden REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. 017 7/11/2016 Edgar Rodriguez President of Dosyo:we:h Singers 26 Argus st Buffalo, NY 14207 Common council City of Buffalo Dear Buffalo's Common Council, The matter of this letter regards to the recent past events on Unity Island. I, Edgar Rodriguez, hosted a Native American event on that island, which was very successful for a first time event. The people, who had attended this event love the park and everything it had to offer. Unity Island has become a wonderful place to be. The island is becoming quite popular and, there is over at least 300 people who visit this place daily. The island has also received a recent name change, in regards to show more respects to the Native American people as because the former name was offensive. On behalf of the local community in this area (black rock and riverside) and everyone else, who uses this island, I think to use the island to its fullest potential is by possibly adding public recreation grounds (playgrounds), shelter picnic areas for people whom this island , and possibly shelter building with public bathrooms. A special request for the Native American people is possibly adding an outdoor hockey arena or as Native American refer to as a lacrosse box. Our people used to play lacrosse at a local outdoor box in riverside park but it was replace the with tennis arena. So we hope to see another one here once again in buffalo , so that we may play our traditional game, and teach the community about our culture. Thank you for taking the time for reading this letter ,l really look forward a hearing back with your decision regarding my request for the community Sincerely REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS Edgar Rodriguez President of Dosyo:we:h Singers 6`\ 4. BE IT RESOLVED: I hereby certify that at a meeting of the City of Buffalo Planning Board held at its offices at 901 City Hall, 65 Niagara Square, Buffalo, New York, on the 31St day of May, 2016, a resolution was adopted of which the following is a true copy: Present: James A. Morrell- Chairman Henry L. Burns Horace A. Gioia Martha Lamparelli Cynthia A. Schwartz Andrew Malcolm Michael Rembis The following resolution was introduced: WHEREAS, on April 4, 2016, Queen City Landing, LLC ("Applicant"), pursuant to § 511- 138 et seq. of the City of Buffalo Code (the "Code") and New York General City Law § 81-b, submitted a Letter of Intent ("LOI"), including Exhibits "A" through "L", to the City of Buffalo Planning Board ("Planning Board"), in furtherance of their request for Site Plan approval for the proposed mixed-use residential and commercial building and adjoining covered parking garage (the "Project") located at 975 Fuhrmann and 1005 Furhmann (collectively, the "Site") in the City of Buffalo (the "City"), New York; and WHEREAS, the Applicant has provided information in the LOI supporting the request for Site Plan approval; and WHEREAS, Public Hearings were held on the Site Plan Application by the Planning Board on April 4, 2016, April 18, 2016 and May 16, 2016, at which time the Applicant presented the details for the Project and all who wished to comment were allowed to be heard; and WHEREAS, Planning Board meetings were also held on the Project on April 18, 2016, May 16, 2016, May 31, 2016, at which time the Applicant presented and discussed the details for the Project; and WHEREAS, the Planning Board has fully reviewed and discussed this matter; and WHEREAS, the Planning Board has, pursuant to Code § 511-138 et seq. and New York General City Law § 81-b, received and reviewed the Application materials for the Project and, after fully discussing this matter, has decided to approve the proposed site plan as presented in the Application materials; and ,�o WHEREAS, pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ("SEQRA"), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts; the Applicants prepared a Full Environmental Assessment Form ("FEAF"), as amended and finalized on April 28, 2016, to assist the Planning Board in reviewing the potential impacts of this request; and WHEREAS, the Planning Board determined that the Project will not have the potential for significant adverse environmental impacts and will not require the Applicant to prepare a Draft Environmental Impact Statement ("DEIS"). The proposed demolition and Queen City Landing development will not create any significant adverse environmental impacts, and the Planning Board has issued a Negative Declaration for this Project. NOW THEREFORE BE IT RESOLVED BY THE PLANNING BOARD, pursuant to Code § 511- 138 et seq. and New York General City Law § 81-b; 1. The Applicant is seeking Site Plan approval for the proposed construction of a new, 23 -story mixed use building with approximately 198 luxury apartment units, a restaurant(s), fitness area, covered parking areas for residents, surface parking for visitors and an extension of the public bike path providing public waterfront access. 2. The Planning Board has made the following determinations with respect to the Applicant's request for Site Plan approval for the Project: a. The Project will comply with the New York State Uniform Fire Prevention and Building Code; b. The Project will not have any significant adverse environmental impacts; c. The Project will comply with City of Buffalo Fire Department standards; d. The Project provides adequate fire lanes and emergency access; e. The Project is not anticipated to result in any ponding, flooding and/or erosion; f. The Project will provide adequate and efficient vehicular traffic access and circulation; g. The Project provides adequate arrangement of pedestrian traffic access and circulation for overall pedestrian convenience and safety; h. The overall Project and design will have a positive impact on the neighborhood; i. The Project will provide an adequate arrangement, design and general compatibility of structures, buildings and signs; The Project will provide for the adequate protection of significant natural features and areas important to the community; k. The Project will comply with Buffalo Sewer Authority standards; and 1. Water supply facilities will comply with City of Buffalo Department of Public Works standards. 3. This resolution shall be effective immediately. J. PASSED AND ADOPTED by the City of Buffalo Planning Board on the 31' day of May, 2016. Upon roll call vote: James Morrell, Chair Henry Burns Horace A. Gioia Martha Lamparelli Cynthia Schwartz Andrew-Malleolm Michael Rembis AYE r7` (RECEIVED AND FILED NAY x Councilmember Wyatt - University From: Keith Keene <cleanerestates@gmail.com> Sent: Wednesday, July 13, 2016 10:16 AM To: Councilmember Wyatt - University Subject: Property Inspection list Cleaner Estates LLC 0 1 7 Mr Wyatt, Here is a response to the list of properties and the repairs. 1. 45 Merrimac- No longer Manage and owner has under contract to sell should close in the next week last i heard. 2. 598 Lisbon - Repairs have been completed 3. 152 Rounds- Repairs done and trash cleaned. We have had on going issues with tenants and the trash issue. Which we are and have been addressing with the tenant. 4. 380 Lasalle -Good 5. 146 Shirley- Owner is on board to replace roof. Looks like untied contracting should be doing the roof sometime in august. 6. 246 Comstock- we are every week picking up the trash when we cut the lawn. Unfortunately the property does not stay clean for even a day. There is a store across the street and the customers throw there trash on the ground in the yard. some of the other properties have the same issue. 7. 51 Comestock- Good 8. 1326 Kensington- Good 9. 26 Alice- Repairs have been completed 10. 77 Davidson- Good 11.52 Phyllis - Good 12. 411 Dartmouth- Window have been painted and is completed. The roof does have curling but does not leak. owner would like to get one more year out of roof. 13.344 Dartmouth- Good 14.148 Hazelwood good 15. 204 Easton -Good 16. 120 Courtland- Vegetation has been addressed and completed. Property is for sale and owner is tight on funds as we are currently repairing 150 Fruend for him. 1 5\\ 17. 32 Millicent- I did not notice this in the past. So when i received this on the list friday -7/08/2016 I started the process to address. I should have answers with in the week. 18. 100 Roosevelt- tree limb set for removal on 07/15/16 19. 57 Harriett- property was broken into and vandalized after an eviction process. Working with a representative of the owner to get this property back operating. Hope to have completed sometime in August. 20. 98 Wilks- Waiting on quotes to give to owner. I believe the porch was hit by something such as a car. This is a new issue and the lower right side of the front porch is caved in. Owner has been advised. 21. 160 Courtland Good 22. 68 Roma- Cleaned and completed 23. 584 East Amherst- Good 24. 52 Custer- Siding was replaced and has been completed. 25. 57 Hazelwood- Shrubs and Debris have been completed. 26. 171 Newburgh- Shrubs and Debris have been completed. Garage door to be removed this week.. 27. 630 Eggert- Good condtion Mr Wyatt here is also a list of contact numbers. If in the future any issues arise or we can be in assistance to you feel free to reach out to us. Thanks- Keith Keene My personal Cell number Maintenance and dispatch 716-833-3228 Main Office 716-833-3244 After Hours Emergencies 716-545-8132 Cleaner Estates LLC Keith Keene 235 North Bryant St Depew Ny 14043 Phone 716-601-1277 Fax 716-833-3305 REFERRED TO THE COI IIVIITTEE ON LEGISLATION, 2 Common Council CITY OF BUFFALO RASHEED N.C. WYATT UNIVERSITY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1508 City Hall BUFFALO, NY 14202-3318 PHONE: (716) 851-5165 • FAX: (716) 851-4580 E-mail: rwyatt@city-buffalo.com Website: http://www.city-buffalo.com July 14, 2016 Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo NY 14202 Attention: 44 CHAIR CIVIL SERVICE COMMITTEES CLAIMS COMMUNITY DEVELOPMENT FINANCE SENIOR LEGISLATIVE ASSISTANT SANDRA D. MUNSON DORIS CORLEY Please find attached two Public Meetings Notices to be filed for Common Council Meeting: Removal of Main Street Medians, July 20, 2016 Updates to Shoshone Park, July 25, 2016 Thank you. Rasheed N.C. Wyatt University District Councilmember RECEIVED AND FILED "Unity in University" :EOF:PUBLIQWQRKSWILL, BE;:INATTENDANCE..' LTI�IE UNIVERSITY:COUNCIL OFFICE UNIVERSITY DISTRICT SPECIAL COMMUNITY MEETING "ARKS COMMUNITY CENTER BUFFALO, NEw YORK 14214 PM UNTIL 6:30 PM ISTRICT GOIJNCIL MEMBER RASHEED N.C. WYATT RESIDENTS ARE ASKED TO ATTEND. FOR MORE INFORMATION, CALL 851-5165 Common Council CITY OF BUFFALO RASHEED N.C. WYATT UNIVERSITY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1508 City Hall BUFFALO, NY 14202-3318 PHONE: (716) 851-5165 • FAX: (716) 851-4580 E-mail: rwyatt@city-buffalo.com Website: http://www.city-buffalo.com July 18, 2016 Gladys Herndon -Hill Human Resource Commissioner 65 Niagara Square 1007 City Hall Buffalo, New York 14202 RE: The City of Buffalo Employing Nonresidents Dear Ms. Herndon -Hill, 017 CHAIR CIVIL SERVICE COMMITTEES CLAIMS COMMUNITY DEVELOPMENT FINANCE SENIOR LEGISLATIVE ASSISTANT SANDRA D. MUNSON DORIS CORLEY As the University District Councilman, I am in opposition of employing nonresidents within The City of Buffalo. I believe it is my duty to advocate for the employment of our residents. I understand the nature of union contracts are complex and in some cases they may allow for outside residency for certain positions. However, it is my desire whenever possible that city residents are given as much consideration as appropriate by law for those opportunities. I believe we must exhaust every avenue to employ citizens within The City of Buffalo. Buffalo has a diverse range of untapped personnel. Our constituents must be a priority in the hiring of city workers. I stand committed to the stabilization of The City of Buffalo with those who have stood strong through our transition. Sincerely, .0 Rasheed N.C. Wyatt University District Council Member REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Unity in University" PETITIONS July 19, 2016 A. Terragnoli, Agent, Use 7-37 Brewster to Place a Restricted Parking Lot for the Tri -Main Bldg (Masten)(hrg 7/26) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics TIANNA M. MARKS Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics OFFICE OF THE CITY CLERK 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851-4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: 6-1-S fiJ To be held in the Council Chamber, 13th Floor, City Hall On: ���� a plc At 2:00 pm *PLANNING BOARD MEETING WILL BE AT 4:00 pm Room 901 ON p 02S ,d oICP *FAILURE TO APPEAR BEFORE THE PLANNING BOARD AND THE COMMON`kOUNCIL WILL DELAY YOUR PROJECT Phone number for Planning Board 851-5085 d,n-1.�a� ao}(9 gS 1-j'08J lam also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his/her agent of the above. Signed _ Print Name A$AREW TEtatir60bL( Date (/3b 11(0 ATTENTION ` (�(gent )Owner) Phone # (-14.) 803 " 4400 CONTACT THE COUNCILMEMBER IN YOUR DISTRICT INil , . Q. -m, IL/ 14 IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON ����� L', oi4 IF APPROVED AT THE FULL COUNCIL MEETING THE ITEM WILL GO TO THE MAYOR FOR APPROVAL THE MAYOR HAS UNTIL-..2hd3TO RETURN THE ITEM TO THE CITY CLERK'S OFFICE 117 s�- 1 City of Buffalo 65 Niagara Square Buffalo, NY 14202 ..1,716)$51.49'19 Fax.(716)851.5472 Report Date 6/30/2016 A/P # PRKLT16-9419091 Processed Issued Final Type of Work Priority 6/30/2016 3:03:46PM "3 o 9) By dkrug By By # Plans 0 # Pages 0 PARKINGLOT Permit Application Declared Valuation Calculated Valuation Actual Valuation COMMON COUNCIL APPROVAL REQ. (SEC 511-98 RESTRICTED PARKING LOTS IN R DISTRICTS) FEE AND HEARING REQ. PLACE A RESTRICTED PARKING LOT FOR THE TRI -MAIN BUILDING ON LOTS 7 - 37 BREWSTER. LOTS TO BE COMBINED IN ASSESSMENT. CITY WIDE SITE PLAN APPROVAL REQ. PLANS REQ. Address Location 7 BREWSTER BUFFALO, NY 14214 Contact ID 11945778 Primary N Name Mailing Address 2495 MAIN BUFFALO, NY 14214 Day Phone SBL 0894400007001000 INC. MARKET ON MAIN Contact ID 11966427 Primary Y Name TO BE BID Mailing Address 301 CITY HALL BUFFALO, NY 14202 - Day Phone (716)510-2335 Application Fee U $175,000.00 $0.00 $0.00 Page 1 of 2 $50.00 City of Buffalo 65 Niagara Square Buffalo, NY 14202 .. (7.1:,5)35.1-4949.. Fax,(7 j 6)851_-.5.47?. , r . Report Date 6/30/2016 Building Y Sewer Y Plumbing Y Address Asbestos Assessment City Wide Electrical N HVAC N Elevator N Common Council Curb Cut Encroach Human Services Fire Y PARKINGLOT Permit Application Restricted Use S.E.Q.R.A. Thruway Trees Page 2 of 2 LETTER OF TRANSMITTAL DATE: ATTENTION: COMPANY: ADDRESS: 6/30/16 Cathy Amdur City of Buffalo Permits City Hall 65 Niagara Square, Room 301 Buffalo, NY 14202 PROJECT NAME: New Parking Lot Addition 7-37 Brewster Street T3 JOB #: 16-144 WE ARE SENIDNG YOU: El ® Attached studio T3 2495 Main Street, Suite 301 Buffalo, NY 14214 phone: (716) 803-6400 fax: (716) 810-9504 ❑ Under separate cover via the following items: (PREFERRED MODE OF DELIVERY) FEDEX REGULAR US MAIL DELIVERY SERVICE ❑ Standard Overnight 0 Standard Mail ❑ 1-2-3 Delivery ❑ Priority Overnight ® Ground Delivery Shop Drawings Copy of Letter COPIES DATE 3 6/30/16 1 6/30/16 1 6/30/16 ❑ Prints NO. ❑ Plans ❑ Change Order ❑ Samples ® See below: DESCRIPTION n Specifications Half Size 11x17 Site Plans & Surveys Report with SEQR Short EAF, deeds, renderings, & letters Check for submittal fee THESE ARE TRANSMITTED as checked below: ❑ For Approval ❑ For Your Use ® As Requested ® For Review and comment ❑ Approval as Submittal ❑ Resubmit ❑ Approval as Noted ❑ Submit ❑ Returned for Corrections Return copies for approval copies for distribution corrected prints ❑ FOR BIDS ❑ PRINTS RETURNED AFTER LOAN TO US DUE REMARKS: Cathy, Attached please find the site plans and SEQR forms for the proposed parking lot addition at 7-37 Brewster Street. Please send review comments and revision requests to me in writing and notify me of date of Planning Board meeting and forward the agenda to andrew@studiot3engineering.com Thanks, Andrew Terragnoli, P.E. COPY TO: SIGNED: Andrew Terragnoli, PE AS MEP Proposed Parking Addition 7-37 Brewster Street Buffalo, New York 14213 Issued June 30, 2016 Prepared for: City of Buffalo Planning Board studio T3 2495 Main Street, Suite 301 Buffalo, NY 14214 phone: (716) 803-6400 fax: (716) 810-9504 © 2016 WARNING: IT ISA VIOLATION OF SECTION 7209, SUBDIVISION 2, OF THE NEW YORK STATE EDUCATION LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT OR PROFESSIONAL ENGINEER, TO ALTER IN ANY WAY, PLANS, SPECIFICATIONS, OR REPORTS TO WHICH THE SEAL OF A LICENSED ARCHITECT OR PROFESSIONAL ENGINEER HAS BEEN APPLIED TABLE OF CONTENTS COVER LETTER WITH PROJECT OVERVIEW DESCRIPTION PG. 1 EVIDENCE OF SITE CONTROL (DEED) PG. 2 CONSTRUCTION SCHEDULE PG. 3 SEQR SHORT ENVIRONMENTAL ASSESSMENT FORM PG. 4 COLOR SITE PHOTOS PG. 8 PROPOSED COLOR RENDERINGS PG. 12 June 29, 2016 Division ofReal Estate ATTN: Angela Webber City Hall, Room 901 Buffalo, New York 14202 Re: Ms. Webber Cover Letter with Project n for Proposed Parking Lot Addition 7-37 Brewster Street Buffalo, New York 14214 Studio T3 Project 16-144 On behalf of our client Tri -Main Development, LLC(Property Owner) we are submitting herein the required plans and documentation for a new parking lot addition to service their commercial tenant spaces Iocated on Main Street and Jewett Avenue. The new parking lot shall have parking for a total of 64 vehicles and shall be located on currently vacant adjacent parcels located on the north side of Brewster Street between Halbert Street and Fillmore Avenue within the Masten District of the City of Buffalo. Adequate off-street parking has been an issue in several areas of the City of Buffalo as a result of redevelopment and re -use projects. Off-street parking is not only a necessity but also increases pedestrian safety. Aside from infllling previously vacant lots, the additionofatraet-oidm|ondecapingmnhnnceo aesthetics and increases adjacent property values. New landscaping for this proposed project will also serve a useful environmental purpose in providing stormwater detention and reducing the stormwater runoff into the City's combined sewage system which is a goal of the Buffalo Sewer Authority in the continuing efforts to reduce combined sewer overflows. Recently creative reuse projects in the Ciof Buffalo have significantly helped in turning vacant or abandoned problem properties into assets. Thiproposed pject represents another opportunity to implement Councilman Ulysses Wingo's goals for community revitalization and rehabilitation in Buffalo's Masten District. Please forward any review comments or revision requests in writing following your review of the enclosed plans and submittal information. Additional visual aids shall be prepared for display purposes prior to the Planning Board Hearing. Thank you, STUDIO T3 ENGINEERING, PLLC - Andrew Terragnoli, P.E. Managing Member 1 BYRON W. BROWN MAYOR MARKET ON MAIN INC. 2495 MAIN STREET BUFFALO, NY 14214 Dear Sir or Madam: CITY OF BUFFALO DEPARTMENT OF LAW February 26, 2010 Re: In Rem No. 43 Serial No. 3143 Purchase of: 7 BREWSTER DAVID RODRIGUEZ ACTING CORPORATION COUNSEL Please find enclosed your Referee Deed, which was recorded in the Erie County Clerk's Office. Very truly yours, David Rodriguez Acting Corporation Counsel Ilo N. Noble Assistant Corporation Counsel DRANN/Isk Enclosure T: wp60\inrem43 \LK1.43 ARMIN, DEED LTR.docx 65 NIAGARA SQUARE / 1100 CITY HALL / BUFFALO, NY 14202-3379 / (716) 851-4343 / FAX: (716) 851-4105 / www.city-buffalo.com 2 ERIE COUNTY CLERKS OFFICE County Clerk's Recording Page Return To: BOX 150 Party 1: CITY OF BUFFALO REF Party 2: MARKET ON MAIN INC Recording Fees: RECORDING COE CO $1 RET TRANSFER COE STATE $14,25 GEN COE STATE $4.75 RM RP5217 ST -RES $116 RP5217 COUNTY $9 RET TP584 $35.00 1.00 $0.00 $14.25 $4.75 $116.00 $9.00 $0.00 Total: $180.00 STATE OF NEW YORK ERIE COUNTY CLERK'S OFFICE COVER SHEET REV 20091109 Book: 11175 Page: 6809 Page Count: 3 Doc Type: DEED -EXEMPT Rec Date: 12/29/2009 Rec Time: 12:29:25 PM Control #: 2009259996 User ID: nk Trans Num: 826912 DEED SEQ: TT2009010194 MTG SEQ: UCC: SCAR: INDEX: Consideration Amount: BASIC SONYMA ADDL NFTA MT TRANSFER NFTA TT WARNING - THIS SHEET CONSTITUTES THE CLERK'S ENDORSEMENT, REQUIRED BY SECTIONS 319&316-a (5) OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH. THIS IS NOT A BILL. Kathleen C. Hochul County Clerk $1,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ' - • '.".• • "-“,•• 3 MAIL TO: BOX 150 REFEREE'S DEED THIS INDENTURE made this 23 day of tx.Ce-'c ',, e/ 20Pcl between the CITY OF BUFFALO, THE CITY OF BUFFALO WATER BOARD AND THE CITY OF BUFFALO SEWER AUTHORITY, by MICHAEL A. SEAMAN, Director of the Treasury and Collections; Deputy Commissioner of Administration, Finance, Policy and Urban Affairs as REFEREE, in the proceeding hereinafter mentioned, with offices at 65 Niagara Square, Buffalo, New York 14202, Party of the First Part, and Market on Main Inc., doing business at 2495 Main Street, Buffalo, New York 14214 Party of the Second Part, WITNESSETH WHEREAS, at a Term of the County Court, Erie County; held in the Erie County Court Part 7, 25 Delaware Avenue, Buffalo, New York 14202, on the 25th day of September, 2009, it was, among other things, ordered, adjudged and decreed by said Court in a certain proceeding then pending in the said Court entitled: IN THE MATTER OF FORECLOSURE OF TAX; USER FEES; SEWER AND WATER CHARGE LIENS, BY PROCEEDING IN REM PURSUANT TO ARTICLE ELEVEN OF THE REAL PROPERTY TAX LAW BY THE CITY OF BUFFALO, THE CITY OF BUFFALO WATER BOARD AND THE BUFFALO SEWER AUTHORITY AFFECTING DISTRICT NOS. 1 THROUGH 14, INCLUSIVE. Premises; 7 Brewster In Rem No. 43 Serial No.: 3143 Index No. I2009-1430 that the City of Buffalo et al; are the owners and holders of good and valid tax, user fees, sewer rent and water charge liens against the premises described in the Petition and Notice of Foreclosure filed therein and in said judgment, and that all and singular premises described in said Petition and Notice of Foreclosure and judgment, or such part thereof as is sufficient to satisfy such tax, user fees, sewer rent and water charge liens, and which might be sold separately without material injury to the parties interested, be sold at public auction according to law and the practice of said Court by and under the direction of the Commissioner of Administration, Finance Policy and Urban Affairs enforcing officer of the City of Buffalo, or by the Deputy Commissioner of Administration, Finance Policy and Urban Affairs appointed REFEREE in such proceeding arid to whom it was referred by the said judgment, among other things,, to make such sale; that the sale be, made in the City where the said premises, or the greater part thereof, are situated; that said REFEREE give public notice of the tithe'erid place of said sale according to law and the course and practice of said Court, and that any of the parties to said proceeding might become a purchaser or purchasers at such sale; that the said REFEREE execute to the purchaser or purchasers of said premises, or such a part or parts thereof as shall be sold, a good and sufficient deed or deeds or conveyance for the same and pay the taxes, assessments, sewer rent, user fees or water charge which are liens upon the property sold, et al.; and WHEREAS, the said REFEREE in pursuance of the order and judgment of said Court, did, on the 26th,27th and 28th day of October, 2009 sell at public auction in the Buffalo Convention Center, Convention Center Plaza, in the City of Buffalo, County of Erie and State of New York, the premises in the said order and judgment mentioned, due notice of the time and place of such sale being first given, pursuant to said judgment, at which sale the premises hereinafter described were sold to the party of the second part for the sum of One Thousand Dollars ($1,000.00 & no more), that being the highest sum bid for the same and being the highest bidder therefor; NOW, THIS INDENTURE WITNESSETH: That the said MICHAEL A. SEAMAN, Director of the Treasury and Collections; Deputy Commissioner of Administration, Finance, Policy and Urban Affairsof the City of Buffalo, as REFEREE, being the party of the first part to these presents, in order to carry into effect the sale made by him pursuant to the order and judgment of said Court, and in conformity with the statute in such case made and provided, and also in consideration of the premises and of the said sum of money so bid as aforesaid, having been fust duly paid by the party of the second part, the receipt whereof is acknowledged, has bargained and sold and by these presents does grant and convey unto the said party of the second part, his/her/its successors and assigns, all of the right, title and interest which the said City of Buffalo, County of Erie and all other persons, including the State of New York, infants, incompetents, absentees and non- residents, had at the time of the filing of said Petition and Notice of Foreclosure in said proceeding, or at any time thereafter, it being their interest in said premises which was so sold and is hereby conveyed, in and to, CTS ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, bounded and described as follows: SERIAL NO, 3143 DESCRIPTION OF PROPERTY DISTRICT NO, 7 Brewster 60. E Halbert 00030 x 00075 CERTIFICATE NO. 05824000 147009 SBL NO. TO HAVE AND TO HOLD the premises herein granted unto the grantee his/her/its sors and assigns forever. IN WITNESS WHEREOF, the grantor has hereunto set his hand and1s is day of idee44.0J-e/...., 200 MICIIAEL A. Director of the Treasury and Collections Deputy Commissioner of Administration, Finance Policy and Urban Affairs as Referee. STATE OF NEW YORK) ERIE COUNTY ss.: CITY OF BUFFALO ) On, -;2-3 day of -- in the year 20 , before me the undersigned, personally appeared MICHAEL A. SEAMAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument andacknowledged to methat he executed the same in his capacity, and that by his signature on the instillment, the individual, or the person upon behalf of which the individual acted, executed the instrument. Commission of Deeds/Notaiy,Pubc, Buffalo, New York My Commission expires: MARY LOU HELMINIAK Notary Public, state of New York ' No. 0114E6012774 Qualified In Erie County Commission Expires Aug 31, 20L1..-', 5 BYRON W. BROWN MAYOR CITY OF BUFFALO .OFFICE OF STRATEGIC PLANNING DIVISION OF REAL ESTATE Market on Main, Inc. Mr. Matthew Wolfe, General Manager 2495 Main Street Buffalo, New York 14214 Dear Mr. Wolfe: May 12, 2010 JOHN P. HANNON, JR. DiRECTOR Re: Copy of Deed 79 & 83 Jewett Ave. And 11,12 & 14 Brewster Please find enclosed a copy of the filed deed and the receipt in reference to the purchase of the above captioned properties from the City of Buffalo. The original will be mailed to you as soon as it is returned by the Erie County Clerk's Office. If you have any questions and/or comments, please feel free to contact this office at 851-5278. Sine ely, JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE Encs. 6 65 NIAGARA SQUARE / 901 CITY HALL / BUFFALO, NY 14202-3309 / (716) 851-5261 / FAX (716) 851-55901 www.city-bt SCHEDULE "A" 79 Jewett Avenue - SBL No. 89.44-8-5 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot Number Forty -Three (43), Township Eleven (11), Range Eight (8) of the Holland Land Company's Survey; and more particularly described according to a Subdivision Map contained in a certain deed made by Franchise Realty Co. to Suor & Suor Building Co. dated June 14, 1912 recorded in Erie County Clerk's Office on June 21, 1912, in Liber 1220 of Deeds at Page 189 as part of Subdivision Lot No. Forty -Two (42) situate on the south side of Jewett Avenue Four Hundred Eight -Five (485) feet west of the westerly line of Fillmore Avenue; being Twenty -Eight and Seventy Hundredths (28 70/100) feet front by about Seventy -Five and Fifty -Seven Hundredths (75571100) feet on the east line, and Seventy -Five and Sixty Hundredths (75 60/100) feet on the west line of said lot in depth. AND ALSO INCLUDING 83 Jewett Avenue - SBL No. 89.44-8-6.1 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. Forty -Three (43), Township Eleven (11) Range Eight (8) of the Holland Land Company's Survey and according to a map recorded in the Erie County Clerk's Office in Liber 803 of Deed at Page 412 is known as Subdivision Lot No. Forty -One (41) being Thirty (30) feet front and rear by Seventy -Five and Fifty -Seven Hundredths (75.57) feet west line and Seventy -Five and Fifty -Three Hundredths (75.53) feet east line, Jewett Avenue, south side One Hundred Fifty (150) feet east of Halbert Street. ALONG WITH a certain plot, piece or parcel of land, situate, lying and being in the City of Buffalo, County of Erie and State of New York, being part of Lot No. Forty -Three (43), Township Eleven (11), Range Eight (8) of the Holland Land Company, bounded and described as follows: BEGINNING at a point in the southerly line of Jewett Avenue, at the northwest corner of lands conveyed to Salvatore Anthony Nocera by Deed recorded in Erie County Clerk's Office on February 5, 1973 in Liber 8012 of Deeds at Page 35; thence westerly along the southerly line of Jewett Avenue One and Thirty Hundredths (1.30) feet; thence southerly parallel with the westerly line of lands so conveyed as aforesaid Seventy -Five and Fifty -Seven Hundredths (75.57) feet; thence easterly to the southwest corner of said lands so conveyed to Nocera; thence northerly along the westerly line of said lands to the place of beginning. 7 ALSO AND INCLUDING 11 Brewster - SBL Ne. 89.44-7-2 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. Forty -Three (43), Township Eleven (11), Range Eight (8) of the Holland Land Company's survey and more particularly described according to a subdivision map contained in a certain deed made by Franchise Realty Company to Suor and Suor Building Co., dated June 14, 1912, recorded in the Erie County Clerk's Office on June 21, 1912 in Liber 1220 of Deeds at Page 189, as subdivision Lot No. Eighty (80), situated on the south side of Brewster Street, Five Hundred Sixteen and Seventy -Three Hundredths (516.73) feet west of the westerly line of Fillmore Avenue being Thirty (30) feet front and rear by Seventy -Five (75) feet in depth. ALSO AND INCLDING 12 Brewster - SBL No, 89.44-8-37 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Farm Lot Number Forty -Three (43), Township Eleven (11), Range Eight (8) of the Holland Land Company's Survey, and upon a certain subdivision map of the Marshall Tract made by M. Davey, Surveyor, the premises hereby conveyed are designated as Subdivision Lot Number Fifty (50) more particularly bounded and described as follows: BEGINNING at a point in the northerly line of Brewster Street distant Ninety (90) feet easterly from its intersection with the easterly line of Halbert Street; running thence easterly along the said northerly line of Brewster Street Thirty (30) feet; thence northerly parallel to the said easterly line of Halbert Street Seventy -Five (75) feet; thence westerly parallel to the said northerly line of Brewster Street Thirty (30) feet; and thence southerly parallel to the said easterly line of Halbert Street Seventy -Five (75) feet to the said northerly line of Brewster Street at the point of beginning. ALSO AND INCLUDING 14 Brewster— SBL No. 89.44-8-36 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot Number Forty -Three (43), Township Eleven (11), Range Eight (8) of the Holland Land Company's Survey and according to a map recorded in the Erie County Clerk's Office in Liber 803 of Deeds at Page 412, is known and distinguished as Subdivision Lot Number Seventy -Six (76), bounded and described as follows: 8 Page 2 Schedule "A" 14 Brewster Continue BEGINNING at a point in the northerly line of Brewster Street distant Four Hundred Eighty -Six and Twelve Hundredths (486.12) feet westerly from the point of intersection of said line of Brewster Street with the westerly line of Fillmore Avenue; running thence westerly along said northerly line of Brewster Street Thirty (30) feet; thence northerly and parallel with Halbert Street Seventy -Five (75) feet; thence easterly and parallel with Brewster Street Thirty (30) feet; thence southerly and parallel with Halbert Street Seventy -Five (75) feet to Brewster Street at the point of beginning. Subject to covenants, easements, restrictions and rights of way of record, if any. 9 Quit Claim Deed - Tkuo Thousand Sandrri Legal Publishers, 174 Franklin St.; Buffalo, NY I4202-2473;; (716) 8432-6i Made the s to nbenture day of . ;��' Two Thousand Ten etb7eett, The City of Buffalo, a domestic municipal corporation, with its principal office and pi of business in the City Hall, 65 Niagara Square, Buffalo, New York 14202, County of Erie, State of New Yo Grantor, a Market On Main, Inc. a corporation organized and existing under the laws of the State of New York, having an office for the transaction of business at 2495 Main Street, Buffalo, New York 14214 [ttte05.5etij, that the Grantor, in consideration of Seven Thousand Nine Hundred Dollars And No Cents Dollars ($7,900.00 lawful money of the United States paid by the Grantee(s), does hereby remise, release and forever Quit Cl4 unto the Grantee(s), his/her (thein) heirs, distributees and assigns forever, a 1 I that 1Gract,artb parcel of /aft, Grantee, 79 Jewett Avenue (SBL No. 89.44-8-5) 83 Jewett Avenue (SBL No. 89.44-8-6.1) 11 Brewster Street (SBL No. 89.44-7-2) 12 Brewster Street (SBL No. 89.44-8-37) 14 Brewster Street (SBL No. 89.44-8-36) See Attached Schedule "A" 10 11jt5 Conbepante is made pursuant to a duly adopted resolution of the Common Council of City of Buffalo, No. 55 of the Council Proceedings of 3/2/2010 oer with the appurterumces to and all the estate and rights of the Grantor in and to the said premi Qbabe anb to bo(1) the above described premises unto the said Grantees) his/her (their) he di'sfri1..utees and assigns forever. »E iEIlf, The City of Buffalo has caused these presents to be signed by its Mayor aria Corporate Seal to be hereunto affixed, the day and year first above written. THE C1'1'Y OF BUFFALO BY n., ITS MAYOR °:'tete of Rea) Norli On f`3 ' _ -�<=1C before me, the undersigned, a Notary Publi Qf oun p of Crie .. and for the State of New York, personally appeared C' °fAkiffalo Byron W. Brown personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) wt name(p) is (re) subscribed to the within instrument and acknowledged to me that he/she executed same in his/her (their) capacity (capacities), and that by his/her signature(s) on the instrument, individual(s), or the person upon whose behalf of which the individual(s) acted, executed the sa PAMELA GRZEBIELUCHA Commissioner of Deeds In & For the City of Buffalo NY, Erie County My Commission Expires December 31, 20 _ �. 11 ERIE COUNTY CLERKS OFFICE County Clerk's Recording Page Return To: BOX 150 Party 1: CITY OF BUFFALO REF Party 2: MARKET ON MAIN INC Recording Fees: RECORDING COE CO $1 RET COE STATE $14.25 GEN COE STATE $4.75 RM TP584 RP5217 ST -NON RES $241 RP5217 COUNTY $9 RET $35.00 1.00 $14.25 $4.75 $0.00 $241.00 $9.00 Total: $305.00 STATE OF NEW YORK ERIE COUNTY CLERK'S OFFICE COVER SHEET REV 20091109 Book: Page Count: Doc Type: Rec Date: Rec Time: Control #: User ID: Trans Num: DEED SEQ: MTG SEQ: UCC: SCAR: INDEX: Consideration Amount: BASIC SONYMA ADDL NFTA MT TRANSFER NFTA TT WARNING - THIS SHEET CONSTITUTES THE CLERK'S ENDORSEMENT, REQUIRED BY SECTIONS 319&316-a (5) OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH. THIS IS NOT A BILL. Kathleen C. Hochul County Clerk 11175 Page: 6812 3 DEED-EXMPT1$250 12/29/2009 12:29:55 PM 2009259997 Jackie 826913 TT2009010195 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 12 BYRON W. BROWN MAYOR MARKET ON MAIN INC. 2495 MAIN STREET BUFFALO, NY 14214 Dear Sir or Madam: CITY OF BUFFALO DEPARTMENT OF LAW February 26, 2010 DAVID RODRIGUEZ ACTING CORPORATION COUNSEL Re: In Rem No. 42 Serial No. 2922 Purchase of: 15 BREWSTER Please find enclosed your Referee Deed, which was recorded in the Erie County Clerk's Office. Very truly yours, David Rodriguez Acting Corporation Counsel Ilo N. Noble Assistant Corporation Counsel DR/INN/lsk Enclosure T: wp60 inrem43 \LK\22 Proctor, deed ltr.docx 65 NIAGARA SQUARE / 1100 CITY HALL / BUFFALO, NY 14202-3379 / (716) 851-4343 / FAX: (716) 851-4105 / www.city-buffalo.com 13 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, bounded and described as follows: SERIAL NO. 2922 DESCRIPTION OF PROPERTY DISTRICT NO. 15 Brewster 120. E Halbert 00030 x 00075 CERTIFICATE NO. 05824200 TO HAVE AND TO HOLD the premises herein granted unto the grantee his/he IN WITNESS WHEREOF, the grantor has hereunto set his hand and seals thi STATE OF NEW YORK) ERIE COUNTY ) ss.: CITY OF BUFFALO ) On 02.6 day of MICHAEL A. SEAMAN, personally individual whose name is subscribed to capacity, and that by his signature on the executed the instrument. 147009 SBL NO. ors and assigns forever. 0' MICHAEL A. SEAMAN Director of the Treasury Deputy Commissioner of Administration, Finance Policy and Urban Affairs as Referee. in the year 2O1, before me the undersigned, personally appeared known to me or proved to me on the basis of satisfactory evidence to be the the within instrument and acknowledged to me that he executed the same in his instrument, the individual, or the person upon behalf of which the individual acted, Notary blic/Cornmissione My Commission expires: DeTds, Buffalo, New York 51/0)-0 1 - MARY L01.11-1ELMINIAK 1. Notary Public, State of New York No. 0111E6012714 • Quaritied in Erie County ,i Commission Expires Aug 31, :- .....____ ....,.....-_,_....=_-.:,,,,,,::.7-41:.=•,,-.^.4._:,74•--r.-- .:..,... -,....:715'.: 14 MAIL TO: BOX 150 REFEREE'S DEED THIS INDENTURE made this day of 4f' hi; , 20, between the CITY OF BUFFALO, by MICHAEL A. SEAMAN, Director of the Treasury, Deputy Commissioner of Administration, Finance, Policy and Urban. Affairs as REFEREE, in the proceeding hereinafter mentioned, with offices at 65 Niagara Square, Buffalo, New York 14202, Party of the First Part, and Market on Main Inc., doing business at 2495 Main Street, Buffalo, New York 14214 Party of the Second Part, WITNESSETH WHEREAS, at a Term of the County Court, Erie County, held in the Erie County Court Part 15, 25 Delaware Avenue Buffalo, New York 14202, on the 19th day of September, 2008, it was, among other things, ordered, adjudged and decreed by said Court in a certain proceeding then pending in the said Court entitled: IN THE MATTER OF FORECLOSURE OF TAX; USER FEES AND SEWER LIENS, BY PROCEEDING IN REM PURSUANT TO ARTICLE ELEVEN OF THE REAL PROPERTY TAX LAW BY THE CITY OF BUFFALO AND THE BUFFALO SEWER AUTHORITY AFFECTING DISTRICT NOS. 1 THROUGH 14, INCLUSIVE. Premises: 15 Brewster In Rem No. 42 Serial No.: 2922 Index No. 12008-1444 that the City f Buffalo is the owner and holder of good and valid tax, user fees and sewer rent liens against the premises described in the Petition and Notice of Foreclosure filed therein and in said judgment, and that all and singular premises described in said Petition and Notice of Foreclosure and judgment, or such part thereof as is sufficient to satisfy such tax, user fees and sewer rent liens, and which might be sold separately without material injury to the parties interested, be sold at public auction according to law and the practice of said Court by and under the direction of the Commissioner of Administration, Finance Policy and Urban Affairs enforcing officer of the City of Buffalo, or by the Deputy Commissioner of Administration, Finance Policy and Urban Affairs appointed REFEREE in such proceeding and to whom it was referred by the said judgment, among other things, to make such sale; that the sale be made in the City where the said premises, or the greater part thereof, are situated; that said REFEREE give public notice of the time and place of said sale according to law and the course and practice of said Court, and that any of the parties to said proceeding might become a purchaser or purehase,rs.at such sale; that the. said REFEREE execute..tc:$ the pgrch4qep, pr pw-chwrs. ofsaid premises-,- 9r su9114.pArt,9r;,,,, parts thereof as shall be sold, a good and sufficient deed (*deeds or conveyance for the same and pay the taxes, aSsesSmerits, sewer rent, or user fees which are liens upon the property sold, etc.; and WHEREAS, the said REFEREE in pursuance of the order and judgment of said Court, did, on the 20th, 21st and 22nd day of October, 2008 sell at public auction in the Buffalo Convention Center, Convention Center Plaza, in the City of Buffalo, County of Erie and State of New York, the premises in the said order and judgment mentioned, due notice of the time and place of such sale being first given, pursuant to said judgment, at which sale the premises hereinafter de:1 5 were sold to the party of the second part for the sum of Five Hundred Dollars ($500.00 & no more), that being the cirrn hid for the garlip and beim:, the hicihect bidder therefor EINNIIMININIMENNIIIMMI11.1_1_ ERIE COUNTY CLERKS OFFICE County Cleric's Recording Page Return To: BOX 150 Party 1; CITY OF BUFFALO REF Party 2: MARKET ON MAIN Recording Fees: RECORDING COE CO $1 HET COE STATE $14.25 GEN COE STATE $4.75 RM TP584 R P5217 ST -NON RES $156 RP521 7 COUNTY $9 RET $35.00 1,00 $14.25 $4.75 $0.00 $15600 $9.00 Total: $220,00 STATE OF NEW. YORK ERIE COUNTY CLERK'S OFFICE COVER SHEET REV 02.14.06 Considera WARNING - THIS SHEET CONSTITUTES THE CLERK'S ENDORSEMENT, REQUIRED BY SECTIONS 319&31611.(5) OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK.. DO NOT DETACH. THIS IS NOT A BILL, Kathleen C. Hochul County Clerk Book: Page Count: Doc Type: Rec Date: Rec Time: Control #: User ID: Trans Num: DEED SEQ: MTG SEQ: UCC: SCAR: INDEX: on Amount: BASIC SONYMA ADDL NFTA MT TRANSFER NEI -A TT 11157 Page: 4543 3 DEED-EXMPT/$105 03/17/2000 10:14:37 AM 2009048349 Jc 679619 TT2008014034 $5K00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, bounded and described as .follows: SERIAL NO. 2923 DESCRIPTION OF PROPERTY DISTRICT NO. 17 Brewster 150. E. Halbert 00030' x 00075' 147009 CERTIFICATE NO. SBL NO. 05824300 TO HAVE AND TO HOLD the premises herein granted unto the grantee his/herfits successors and assigns forever. IN WITNESS WIIEREOF, the grantor has hereunto set his hand and seals this l i da t f 4 ch, 2009. STATE OF NEW YORK) ERIE COUNTY ) ss.: CITY OF BUFFALO .) -"MICHAEL' SEAMAN Director of the Treasury Deputy Commissioner of Administration, Finance Policy and Urban Affairs as Referee. On (i day of March in the year 2009, before me the undersigned, personally appeared MICHAEL A. SEAMAN, personally known tb me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. i 1 1 jr Darlene Lapinski " ` 1 Commissioner of Deeds, Buffalo, New York My Commission expires: 12/31/10 18 . . . BYRON W. BROWN MAYOR March 17, 2015 CITY OF )3UFFALO OFFICE OF STRATEGIC PLANNING DIVISION OF REAL ESTATE Market on Main, Inc. Mr. Matthew Wolfe, General Manager 2495 Main Street Buffalo, New York 14214 CHRISTIE R. NELSON DIRECTOR Re: Original Deed for 19 & 29 Brewster and 89 Jewett Ave. Dear Mr. Wolfe: Enclosed please find the original deed in reference to the above referenced properties Market on Main, Inc. purchased from the City of Buffalo. If you have any questions and/or comments, do not hesitate to contact Pam Grzebielucha at 851-5278. Sincerely, Christie R. Nelson Director of Real Estate CRN:plg 65 NIAGARA SQUARE / 901 CITY HALL / BUFFALO, NY 14202.3309 / (716) 851-5261 / FAX: (716) 851-5590 / www.city-buffalo.com 19 ERIE COUNTY CLERK'S OFFICE County Clerk's Recording Page Return to: BOX 150 - REAL ESTATE Party 1: CITY :OF BUFFALO Party 2: MARKET ON MAIN INC Recording Fees: RECORDING $80.00 COE CO $1 RET $1.00 COE STATE $14.25 GEN $14.25 COE STATE $4:75 RM $4.75 RP5217 CNTY $9 $9.00 RP5217 ST -NON RES $241 $241.00 STATE OF NEW YORK ERIE COUNTY CLERK'S OFFICE Book Type: D Book: 11275 Page: 6100 Page Count: 12 Doc Type: DEED Rec Date: 02/10/2015 Rec Time: 11:10:25 AM Control #: 2015025526 UserID: Faith Trans #: 15021484 Document Sequence Number TT2014012886 Consideration Amount: 4725.00 Total: $395.00 BASIC MT SONYMA MT ADDL MT/NFTA SP MT/M-RAIL NY STATE TT ROAD FUND TT $0.00 $0.00 $0.0Q $0.00 $20.00 $25.00 WARNING — THIS SHEET CONSTITUTES THE CLERK'S ENDORSEMENT REQUIRED BY SECTION 319&316-a (5) OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH. THIS IS NOT A BILL. Christopher L. Jacobs County Clerk 20 Record and Return to Box 150 Page 1 of 4 Attn: Div. of Real Estate --I QUITCLAIM DEED qtA THIS INDENTURE made this (I day of in)pi'— , 201/ BETWEEN, The City of Buffalo, a domestic municipal corporation, with its principal office and place of business in the City Hall, No. 65 Niagara Square, Buffalo, New York 14202, County of Erie and State of New York, (hereinafter called the "Grantor") and Market on Main, Inc. having an office for the transaction of business located at 2495 Main Street, Buffalo. New York 14214 (hereinafter called the "Grantee") WITNESSETH: THAT the Grantor in consideration of Four Thousand Seven Hundred Twentv-Five Dollars ($4,725.00), lawful money of the United States, paid by the Grantee does hereby remise, release and forever quitclaim unto the Grantee, its successors and assigns, forever, the following premises described as follows: 19 Brewster - SBL No. 89.44-7-5 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. 43, Township 11, Range 8 of the Holland Land Company Survey and being more particularly described as follows: Commencing at a point in the southerly line of Brewster Street (Thirty -Eight (38) feet wide) distant Two Hundred Ten (210) feet easterly from its intersection with the easterly line of Halbert Street (Fifty (50) feet wide); running thence southerly and parallel with Halbert Street Seventy -Five (75) feet; running thence easterly and parallel with Brewster Street Thirty (30) feet; running thence northerly and parallel with Halbert Street Seventy -Five (75) feet to the southerly line of Brewster Street; running thence westerly along said southerly line Thirty (30) feet to the point of beginning. (iozg I ettdr- Page 2 of 4 Also and Including 29 Brewster SBL No. 89.44-7-7 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. 43, Township 11, Range 8 of the Holland Land Company's Survey and more particularly described according to a subdivision map contained in a certain deed made by Franchise Realty Co. to Suor and Suor Building Co., dated June 14, 1912 and recorded in the Clerk's Office of the County of Erie on the 21st day of June 1912, in Liber 1220 of Deeds at Page 189, as Subdivision Lot No. 56 situated on the south side of Brewster Street, 336.73, plus or minus(+I-) feet west of the westerly line of Fillmore Avenue, being 30 feet front and rear by 75 feet in depth. Also and Including 89 Jewett Avenue — SBL No. 89.44-8-9 ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie and State of New York, being patt of Lot No. 43, Township 11, Range 8 of the Holland Land Company's Survey and according to map recorded in the Erie County Clerk's Office in Liber 803 of Deeds at Page 412, is known as Subdivision Lot Number 39, being 30 feet front and rear by 75.49 feet in depth west line and 75.45 feet in depth east line, Jewett Avenue, south side, beginning 210 feet east from the east line of Halbert Street, all as shown on said map. Subject to covenants, easements, restrictions and rights of way of record, if any. This conveyance is made under and subject to the following covenants: Grantee, by acceptance and recording of this Deed, covenants and agrees for itself, its successors and assigns, that: The Premises is conveyed subject to the following conditions: 1. The Environmental Release and Indemnity Agreement set forth on Schedule "A" attached hereto and made a part hereof. THIS CONVEYANCE is made pursuant to a duly adopted resolution of the Common Council of the City of Buffalo, No. 1268 of the Council Proceeding of June 10, 2014 . 22 Page 3 of 4 TOGETHER with the appurtenances to and all the estate and rights of the Grantor in and to the said premises. TO HAVE AND TO HOLD the above described premises unto the said Grantee its successors and assigns forever. IN WITNESS WHERE, THE CITY OF BUFFALO has caused these presents to be signed by its Mayor and its corporate seal to be hereunto affixed, the day and year first above written. THE CITY OF BUFFALO BY: STATE OF NEW YORK COUNTY OF ERIE CITY OF BUFFALO : ON THE day of L)4004-4424,1-- 2.0./27;before me, the undersigned, a Commissioner of Deeds in the said City, personally appeared Bvron W. Brown , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ON W. BROW, ITS MAYO PAMELA GRZEBIELUCHA Commissioner of Deeds COMMISSIONER/OF I:VEDS In & For the City of Buffalo NY, Erie County My Commission Expires December 31, 20 1/ Ci 23 Page 4 of 4. This Deed is given to Grantee conditioned upon the agreement by Grantee to all of the covenants and provisions contained in this Deed and the Release and Indemnity Agreement attached hereto and made a part hereof as Schedule A. Grantee evidences its agreement t�the foregoing by signing below. ket on Main, Inc 1- Grantee BY: Full Name ITS: Title STATE OF NEW YORK COUNTY OF ERIE CITY OF BUFFALO ON THE ibglday of me, the undersigned personally appearedr , 20 /57before () personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she (they) executed the same in his/her (their) capacity (capacities), and that by his/her (their) signature(s) on the instrument, the individual(s), or the person upon whose behalf of which the individual(s) acted, executed the instrument. COMMISSIONER DEEDS PAMELA GRZEBIELUCHA Commissioner of Deeds In & For the City of Buffalo NY, Erie County/ ", My Commission Expires December 31, 20 Schedule "A" Release and Indemnity Agreement This Release and Indemnity Agreement is given by Market on Main, Inc. having an office for the transaction of business located at 2495 Main Street, Buffalo, New York 14214, (hereinafter "Grantee") to the City of Buffalo (the "City") as a condition to the delivery of, and as a material part of, a quit claim deed to certain real property commonly known as 19 Brewster, 29 Brewster and 89 Jewett Avenue in the City of Buffalo (the 'Property"). 1. RELEASE PROVISION: Grantee covenants and agrees at its sole cost and expense, to defend, release and save harmless City and its officers, employees, directors, agents and representatives from and against any and all damages, losses, charges, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, actions, proceedings, costs, disbursements, and/or expenses, including without limitation, all attorneys' and experts' fees, costs of investigation, monitoring, remedial response, removal, restoration or permanent acquisition of any kind whatsoever, which may now or in the future be undertaken, suffered, paid, awarded, assessed, imposed, asserted or otherwise incurred by Grantee, individually or collectively, at any time resulting from or arising out of: (a) the past, present or future presence, Release or threatened Release of any Hazardous Substances, including but not limited to petroleum or any petroleum based substances, in, on, above or under the Property or migrating to parcels now or hereafter owned by Grantee; (b) any personal injury, wrongful death, or property or other damages arising under any statutory, common law or tort law theory, arising out of, or related to, the remediation of the Property or parcels now or hereafter owned by Grantee; (c) Grantee's failure to promptly undertake and/or diligently pursue to completion all necessary, appropriate and legally authorized investigative, containment, removal, clean-up and/or other remedial actions with respect to a release or threat of release of any hazardous substance, including but not limited to petroleum or petroleum based products, on, at or from the Property or migrating off the Property to any and all other locations off-site; (d) human exposure to any hazardous substance, including but not limited to petroleum or petroleum based products, noises, noxious fumes, vibrations, or nuisances of whatever kind from any condition on the 25 Property resulting from Hazardous materials, or the ownership, use, operation, sale, transfer or conveyance thereof; (e) a violation of any applicable state or federal statute or regulation with respect to any condition now or hereafter existing on the Property; (f) any investigation, prosecution, enforcement, action, suit, request to negotiate or consent order or other action by any governmental body or office, including but not limited to the New York Department of Environmental Conservation ("DEC") or the Environmental Protection Agency ("EPA") related in any manner whatsoever to the Property; (g) any and all costs in connection with any clean-up, removal and/or investigation of environmental contamination, deposited on or into the Property or migrating therefrom, whether from on or off site, for which legal requirements mandate be cleaned up at, or removed from, the Property or any other property contaminated from the migration of hazardous material off-site. The release of City hereunder shall in no way be limited, abridged, impaired or otherwise affected by the following: (i) the release of Grantee, the City and or any other person from the performance or observance of this agreement by operation of law, City's voluntary acts or otherwise; (ii) the invalidity or unenforceability of any of the terms or provisions of any of the Property purchase documents and or related documents; (iii) any applicable statute of limitations; (iv) any investigation or inquiry conducted by or on behalf of the City or any other indemnitee (and or releasee) or any information which City or any other indemnitee (and or releasee) may have or obtain with respect to the environmental or ecological condition of the Property; (v) the sale, transfer or conveyance of all or part of the Property; (vi) the release or discharge in whole or in part of Grantee in any bankruptcy, insolvency, reorganization, arraignment, readjustment, composition, liquidation or similar proceeding or; 26 (vii) any other circumstances which might o hen/vise constitute a legal or equitable release or discharge, in whole or in part, of Grantee. Grantee, and its representatives, agents, employees, successors, predecessors and or assigns, shall be precluded now and in the future from asserting any and all claims (whether direct claims, cross-claims, third -party claims, defenses, counter -claims or other types of claims) against City, individually or collectively, including any claims under (without limitation) the Resource Conservation and Recovery Act, the Oil Pollution Act, the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act, the New York State Environmental Conservation Law, and or the New York State Navigation Law. II. REPRESENTATIONS AND WARRANTIES: City makes no representations or warranties with respect to the past, present or future presence, Release or threatened Release of any Hazardous Substances, including but not limited to petroleum or any petroleum based substances, in, on, above or under the Property, and/or migrating off the Property to any and all other locations off-site. City makes no representations or warranties as to any past, present or threatened non-compliance or violations of any Environmental Laws (or permits issued pursuant to any Environmental Law) in connection with the Property or operations thereon. Further, the City makes no representations and or warranties whatsoever as to the condition and or as to the permitted use of the Property, the improvements thereon, environmental conditions at the Property and or in connection with the title to the Property or any other matter with respect to the Property. 111. GRANTEE ACKNOWLEDGEMENTS: GRANTEE SPECFICALLY ACKNOWLEDGES AND AGREES THAT CITY SHALL CONVEY ITS INTEREST IN THE PROPERTY TO GRANTEE AND THAT GRANTEE SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS AND WITH ALL FAULTS" AND THAT GRANTEE IS NOT RELYING UPON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, FROM GRANTOR, NOR ANY OFFICER, EMPLOYEE, ATTORNEY, AGENT OR BROKER OF CITY AS TO ANY MATTER WHATSOEVER CONCERNING THE PROPERTY INCLUDING, BUT NOT BY WAY OF LIMITATION: (i) the quality, nature habitability, merchantability, use, operation value, marketability, adequacy or physical condition of the Property or any aspect or portion thereof, including, without limitation, structural elements, appurtenances, access, landscaping, parking, plumbing, sewage, and utility systems, facilities and appliances, soils, geology and/or groundwater, (ii) the dimensions or lot size of the Property, (iii) the development or income potential, or rights of or relating to, the Property, or the Property's use, habitability, merchantability, or fitness, or the suitability, value, 27 or adequacy of the Property for any particular purpose, (iv) the zoning or other legal status of the Property or any other public or private restrictions on the use of the Property, (v) the compliance of the Property or its operation with any applicable Lodes, laws, regulations, statutes, ordinances, covenants; conditions and restrictions of any Governmental Authority or of any other person or entity (including, without limitation, the Americans with Disabilities Act), (vi) the ability of Grantee to obtain any necessary governmental approvals, licenses or permits for Grantee's intended use or development of the Property, (vii) the presence or absence of Hazardous Materials on, in, under, above or about the Property, (viii) the quality of any labor or materials used in any improvements, (ix) the condition of title to the Property, (x) City's ownership of the Property or any portion thereof, or (xi) the economics of or the, income and expenses, revenue or expense projections or other financial matters, relating to, the operation of the Property. Without limiting the generality of the foregoing, Grantee expressly acknowledges and agrees that Grantee is not relying upon any representation or warranty of City„ nor any officer, employee, attorney, agent or broker of City, whether implied, presumed or expressly provided at law or otherwise, arising by virtue of any statute, common law or other legally binding right or remedy in favor of Grantee. Grantee further acknowledges and agrees that City is under no duty to make any inquiry regarding any matter that may not be readily known by City and or by any officer, employee, attorney, agent or broker of City. This section and all provisions of this Agreement shall survive the delivery, acceptance and or recordation of the deed to which this Agreement is attached. Any reports, repairs or work required by Grantee are the sole responsibility of Grantee, and Grantee agrees that there is no obligation on the part of City to make any changes, alterations or repairs to the Property or to cure any violations of law or to comply with the requirements of any insurer. Grantee, at Grantee's sole cost and expense, shall beresponsible for obtaining any permits necessary for use of the Property and shall also be responsible for any repairs or alterations necessary for same, all at Grantee's sole cost and expense. Grantee agrees to remediate any and all contamination deposited on to or into the Property or migrating therefrom as may be directed by any governing regulating agencies, including, but not limited to the DEC and/or EPA. By executing this Release and Indemnity Agreement, Grantee acknowledges that Grantee has had the right and a full opportunity to conduct any testing or other investigation of the Property and has fully availed itself of such right or has otherwise waived such right and opportunity. IV. DEFINITIONS: As used in this Agreement, the following terms shall have the following meanings: 28 "Hazardous substance" means, without limitation, any flammable explosives, radon, radioactive materials, asbestos, urea formaldehyde foam insulation, polychlorinated bifennels, petroleum and petroleum products, methane, hazardous -materials, hazardous waste, hazardous or toxic substances and any other material defined as a hazardous substance in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq.; The Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1801 et seq„. The Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by-law, policy, guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. "Environmental Law" means any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. The term "Environmental Law" includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right - to -Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (including but not limited to Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act, the Clean Water Act; the Clean Air Act, the Toxic Substances Control Act; the Safe Drinking Water Act; the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the National Environmental Policy Act; and the River and Harbors Appropriation Act. The term "Environmental Law" also includes, but is not limited to, any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law; conditioning transfer of property upon a negative declaration or other approval of a governmental authority of the environmental condition of the property; requiring notification or disclosure of Releases of Hazardous Substances or other environmental condition of the Property to any governmental authority or other person or entity, whether or not in connection with transfer of title to or interest in property; imposing conditions or requirements in connection with permits or other authorization for lawful activity; relating to nuisance, trespass or other causes of action related to the Property; and relating to wrongful death, personal injury, or property or other damage in connection with any physical condition or use of the Property. 29 "Release" With respect to any Hazardous Substance includes but is not limited to any release, deposit, discharge, emission, leaking, leaching, spilling, seeping, migrating, injecting, pumping, pouring, emptying, escaping, dumping, disposing or other movement of Hazardous Substances Release shall also have the same . • _ meaning as given to that term in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq., and the regulations promulgated thereunder and Articles 15 and 27 of the New York State Environmental Conservation Law, and the regulations promulgated thereunder. "Remediation" includes but is not limited to any response, remedial, removal, or corrective action; any activity to clean up, detoxify, decontaminate, contain or otherwise remediate any Hazardous Substance; any actions to prevent, cure or mitigate any Release of any Hazardous Substance; any action to comply with any Environmental Laws or with any permits issued pursuant thereto; any inspection, investigation, study, monitoring, assessment, audit, sampling and testing, laboratory or other analysis, or evaluation relating to any Hazardous Substances or to anything referred to herein. "Legal Action" means any claim, suit or proceeding, whether administrative or judicial in nature. "Loss or Losses" includes any losses, damages, costs, fees, expenses, claims, suits, judgments, awards, liabilities (including but not limited to strict liabilities), obligations, debts, diminution in value, fines, penalties, charges, costs of Remediation (whether or not performed voluntarily), amounts paid in settlement, foreseeable and unforeseeable consequential damages, litigation costs, attorneys' fees, engineers' fees, environmental consultants' fees, and investigation costs (including but not limited to costs for sampling, testing and analysis of soil, water, air, building materials, and other materials and substances whether solid, liquid or gas), of whatever kind or nature, and whether or not incurred in connection with any judicial or administrative proceedings, actions, claims, suits, judgments or awards to the extent recoverable at law or in equity. "Fines" or "Penalties" means any levy imposed by a governmental body or office, including but not limited to the DEC or EPA, authorized by statute or regulation, that is not, directly or indirectly, compensation for, or reimbursement of, any actual cost incurred, liability imposed, or loss sustained by said governmental body or office or any other party. It is specifically understood that "fines" or "penalties" are levies imposed as a punitive or deterrent measure and do not include any other type of loss, except as otherwise defined by statute or regulation. 30 V. THESE PROVISIONS TO RUN WITH THE LAND AND IMPROVEMENTS All of the prOVisions contained in this Release and Indemnity Agreenient shall run with the land and improvements constituting the Property and shall be binding upon Grantee and all its successors and assigns as well as upon subsequent purchasers or owners of the Property. Market on Main, LLC - 3rantee BY: Title: PU N� UNIMPROVED PROPERTY c»r/ °�� ~ /g THIS AGREEMENT made this 24 day of -k``«�0&'c . 2O6.bvand between the CITY OF BUFFALO, City Hall, Buffalo, New York, hereinafter called "City" or "Seller", and Market on Main. Inc. havina an office for ths transaction of business located at 2495 Main Street, Buffalo, New York 14214 hereinafter called "Purchaser". 1. AGREEMENT: Selier shau sell and Purchaser shall buy ' on the terms stated in this Contract. 2. PROPERTY: The property ("Property") described as follows: Street Address: 19 Brewster S.B.L. Number: 88.44-7'5 Consisting of: Vacant Land 30' x 75' Assessed Valuation: $1.100.00 Street Address: 29 Brewster S.B.L. Number: 89.44-7'7 Consisting of: Vacant Land 30'X75' Assessed Valuation: $1.100.00 Street Address: 89 Jewett Avenue S.B.L. Number: 89.44-8-9 Consisting of: Vacant Land 30'x75' Assessed Valuation: $2.100.00 City of Buffalo, County of Erie, State of New York 3. PRICE: The purchase price is $ 4.725.00 Auctioneer Fee, if applicable � Total $ 4.725.00 PayableouhoUuvvs� Deposit upon signing this contract: $ 7d On delivery of deed (in cash or certified funds) Balance Due PIus Closing Costs The deposit is to be held until this offer is accepted at which tirne it shall become part of the purchase price. If this offer is not accepted, the deposit shall be returned to Purchaser and the offer shall thereupon become void. 4. CONDITION OF PROPERTYPurchaser is acquiring Pin "as is" condition. However, performance by the Purchaser of its obligation to purchase the Property pursuant to this Contract shall be contingent upon fulfillment (or Purchaser's waiver) of the following conditions (hereinafter referred bzooUaoUh veuaUle"Condihona")onorbefoneUhe0Um day following the full execution of this Contract by both Seller and Purchaser: 32 STATE OF NEW YORK) ERIE COUNTY CITY OF BUFFALO ) SS.: On Or day of _A. +)„ , 20 , before me, the undersigned, personally appeared • Mr -3 vv -l' personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. DAWN M. RUSSELL • NOTARY PUBLIC -STATE OF NEW YORK No, 01RU6043922 , Qualified in Erie County Myommlosion ExOlrei June 20, 2015 STATE OF NEW YORK) ERIE COUNTY CITY OF BUFFA ) On day o Notary Public or Cornmissiorier Of Deeds, Buffalo, New York My Commission expires: oce/.3_,. )15 *************** SS: , 20 before me, the undersigned, personally appeared CHRISTIE R. NELSON, Director of Real Estate, City of Buffalo personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. or Commis My Commissibn expires: 07/29/14 4 of 10 Pages OM/ UarS- eeds, Buffo)°, New York 33 '• • (f) any investigation, prosecution, enforcement, action, suit, request to negotiate or consent order or other action by any governmental body or office, including but not limited to the New YOrk Department of Environmental Conservation ("DEC') or the. Environmental.Protection Agency ("EPA") related in any mannerwhatsoever tothe Property; . • • . • (g) any and all costs in connection with any clean-up, removal and/or investigation of environmental contamination, deposited on or into the Property or migrating therefrom, whether from on or off site, for which legal requirements mandate be cleaned up at, or removed from, the Property or any other property contaminated from the migration of hazardous material off-site. The release of City hereunder shall in no way be limited, abridged, impaired or otherwise affected by the following: (i) the release of Grantee, the City and or any other person from the performance or observance of this agreement by operation of law, City's voluntary acts or otherwise; (ii) the invalidity or unenforceability of any of the terms or provisions of any of the Property purchase documents and or related documents; (iii) any applicable statute of limitations; . , . . • . (iv) .any investigation or inquiry conducted.by or on behalf Of the City or • any otherindemnitee. (and or releasee) or any information which City or any other indemnitee (and or releasee) may have or obtain with respect to the environmental or ecological condition of the Property; (v) the sale, transfer or conveyance of all or part of the Property; (vi) the release or discharge in whole or in part of Grantee in any bankruptcy, insolvency, reorganization, arraignment, readjustment, composition, liquidation or similar proceeding or; (vii) any other circumstances which might otherwise constitute a legal or equitable release or discharge, in whole or in part, of Grantee. Grantee, and its representatives, agents, employees, successors, predecessors and or assigns; shall be precluded now and in the future from asserting any and all claims (whether direct claims, cross-claims, third -party claims, defenses, counter -claims or other types of claims) against City, individually or collectively, including any claims under (without limitation) the Resource Conservation and Recovery Act, the Oil Pollution Act, the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act, the New York State Environmental Conservation Law, and or the New York State Navigation Law. 07/29/14 6 of 10 Pages 34 Any reports, .repair:.s or.work required Grantee,are-the;so{e responsibility,.of•Grantee, and Granteeagrees that there is no.obiigation oft.the:tiartiof City to' make: any changes, alterations or repairs to the. Property or to cure:any, violations.a law or:to ,comply`:with the requirements of any insurer...Gran; tee;at.Grantee's:sole'Cost and:expense; shall be responsible-for..obtaining: any, permits:,necessay.. for•use of •the Property and shall also be responsible for any repairs or alterations, necessary for same, all at Grantee's sole cost and expense. • Grantee agrees to remediate any and all contamination deposited on to or into the Property or migrating -therefrom as may be directed by any governing regulating agencies, including, but not limited to the DEC and/or EPA. By executing this Release and Indemnity Agreement, Grantee acknowledges that Grantee has had the rightand a full opportunity to conduct any testing or other.investigation of the Property and has fully availed itself of such -right or has otherwise waived such right.and opportunity. IV. DEFINITIONS: As used in this Agreement, the following terms shall have the following meanings:. "Hazardous substance" means, without limitation, any flammable explosives, radon, radioactive materials, asbestos,:ureaforrnaldehyd.e foam insulation;: polychlorinated bifenr els, ,p.etroleum and petroleum,pro.d.uctsmethane,: hazardous materials, hazardous waste;,.-,hazard.ous.or:toxicsubstance.s. and. any other. -material defined.:as alhazardous • substance in.the Comprehensive:Environmental-Response;.Compensation .and Liability Act of:; 1980,.as amended, 42 U.S.0. § 9601;et seq:;.• The Hazardous Materials • Transportation Act, as amended, 49 U.S.C: § 1801 et seq,; The Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6901 et seq.; Articles 15 •and 27 of the. New York: State Environmental -Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by-law, policy, guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. "Environmental Law" means any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. The term "Environmental Law" includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right -to -Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (including but not limited to Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act, the Clean Water Act; the Clean Air Act, the Toxic Substances Control Act; the Safe Drinking Water Act; the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the National Environmental Policy Act; and the River and 07/29/14 8 of 10 Pages (J� 35 deterrent measure and, do not -include any othertype of loss,--eceptes otherwise defined by statute or regulation, • • . : V. THESE PROVISIONS TO RUNANITH THE LAND AND IMPROVEMENTS All of the provisions contained in this Release and Indemnity Agreement Shall run with the land and improvements constituting the Property and shall be binding upon Grantee and all its successors and assigns as well as upon subsequent purchasers or owners of the Property. Market On Main, LLC - Grantee BY: Title: 07/29/14 10 of 10 Pages 36 ERIE COUNTY CLERKS OFFICE County Clerk's Recording Page Return To: SOX 150 Party 1: CITY OF UFFALO REF Party 2: MARKET ON MAIN Recording Fee RECORDING COE CO $1 RET COE STATE $14.25 GEN COE STATE $4.75 RM TF584 RP5217 ST -NON RES $156 RP5217 COUNTY $9 RET $35.00 1.00 $14,25 $4.75 $0.00 5156.00 59.00 Total: $220.00 STATE OF NEW YORK ERIE COUNTY CLERK'S OFFICE COVER SHtJ REV 0204,06 I •1••••••••• 11111111 111111••010.11 Book: Page Count: Doc Type: Rec Date; Rec Time: Control It: User ID: Trans Num: DEED SEQ: MTG SEQ: UCC: SCAR: INDEX: Consideration Amount: BASIC SONYMA ADDL NFTA MT TRANSFER NFTA TT WARNING • THIS SHEET CONSTITUTES THE CLERK'S ENDORSEMENT, REQUIRED BY SECTIONS 319&316-a (5) OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH. THIS IS NOT A BILL. Kathleen C. Hochul County Clerk 11157 Page: 5931 3 DEED-EXMPT/$155 03/1812009 10:14:05 AM 2009049525 eileen 680512 TT2008014148 $500,80 SO,o0 $o.0° s0.00 So.oa moo So.00 37 MAIL TO: BOX 150 REFEREE'S DEED THIS INDENTURE made this t i day of March, 2009, between the CITY OF BUFFALO, by MICHAEL A. SEAMAN, Director of the Treasury, Deputy Conunissioner of Administration, Finance, Policy and Urban Affairs as REFEREE, in the proceeding hereinafter mentioned, with offices at 65 Niagara Square, Buffalo, New York 14202, Party of the First Part, and Market on Main, doing business at 2495 Main Street, Buffalo, New York 14214 Party of the Second Part, WITNESSETH WHEREAS, at a Term of the County Court, Erie County, held in the Erie County Court Part 15, 25 Delaware Avenue Buffalo, New York 14202, on the 19`" day of September, 2008, it was, among other things, ordered, adjudged and decreed by said Court in a certain proceeding then pending in the said Court entitled: IN THE MATTER OF FORECLOSURE OF TAX; USER FEES, WATER AND SEWER LIENS, BY PROCEEDING IN REM PURSUANT TO ARTICLE ELEVEN OF THE REAL PROPERTY TAX LAW BY THE CITY OF BUFFALO AND THE BUFFALO SEWER AUTHORITY AFFECTING DISTRICT NOS. 1 THROUGH 14, INCLUSIVE. Premises: 25 Brewster In Rem No. 41 Serial No.: 2419 Index No. 1 2007-817 that the City of Buffalo is the owner and holder of good and valid tax, user fees and sewer rent liens against the premises described in the Petition and Notice of Foreclosure filed therein and in said judgment, and that all and singular premises described in said Petition and Notice of Foreclosure and judgment, or such part thereof as is sufficient to satisfy such tax, user fees and sewer rent liens, and which might be sold separately without material injury to the parties interested, be sold at public auction according to law and the practice of said Court by and under the direction of the Commissioner of Administration, Finance Policy and Urban Affairs enforcing officer ofthe City of Buffalo, or by the Deputy Commissioner of Administration, Finance Policy and Urban Affairs appointed REFEREE in such proceeding and to whore it was referred by the said judgment, among other things, to make such sale; that the sale be made in the City where the said premises, or the greater part thereof, are situated; that said REFEREE give public notice of the time and place ofsaid sale according to taw and the course and practice of said Court, and that any of the parties to said proceeding might become a purchaser or purchasers at such sale; that the said REFEREE execute to the purchaser or purchasers of said premises, or such a part or parts thereof as shall be sold, a good and sufficient deed or deeds or conveyance for the saine and pay the taxes, assessments, sewer rent, or user fees which are liens upon the property sold, etc.; and WHEREAS, the said REFEREE in pursuance of the order and judgment of said Court, did, on the 20th, 21st and 22nd day of October, 2008 sell at public auction in the Buffalo Convention Center, Convention Center Plaza, in the City of Buffalo, County of Erie and State of New York, the premises in the said order and judgment mentioned, due notice of the time and place of such sale being first given, pursuant to said judgment, at which sale the premises hereinafter described were sold to the party of the second part for the sum of Five Hundred Dollars (5500.00 & no more), that being the highest sum bid for the same and being the highest bidder therefor; NOW, THIS INDENTURE WITNESSETH: That the 'said MICH.kEL A. SEAMAN, Director of the Treasury, Deputy Commissioner of Administration, Finance, Policy and Urban Affairs of the City of Buffalo, as REFEREE, being the party of the first part to these presents, in order to carry into effect the sale made by him pursuant to the order and judgment ofsaid Court, and in conformity with the statute in such case made and provided, and also in consideration of the premises and of the said sum of stoney so bid as aforesaid, having been first duly paid by the party of the second part, the receipt whereof is acknowledged, has bargained and sold and by these presents does grant and convey unto the said party of the second part, his/her/its successors and assigns, all of the right, title and interest which the said City of Buffalo, the County of Erie and all other persons, including the State of New York, infants, incompetents, absentees and non-residents, had at the time of the filing ofsaid Petition and Notice of Foreclosure in said proceeding, or at any time thereafter, it being their interest in said premises which was so sold and is hereby conveyed, in and to, 38 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, bounded and described as follows: SERIAL NO. 2419 DESCRIPTION OF PROPERTY DISTRICT NO. 25 Brewster 240 E. Halbert 00030' x 00075' CERTIFICATE NO. 05824500 147009 SBL NO. TO HAVE AND TO HOLD the premises herein granted unto the grantee his/her/its successors and assigns forever. IN WITNESS WHEREOF, the grantor has hereunto set his hand and seals this! of March, 2009, MICHAEL A. SEAMAN Director of the Treasury. Deputy Commissioner of Administration, Finance Policy and Urban Affairs as Referee. STATE OF NEW YORK) ERIE COUNTY ) ss.: CITY OF BUFFALO ) On day of March in the year 2009, before me the undersigned, personally appeared MICHAEL A. SEAMAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. „LLJILk Darlene Lapinski Commissioner of Deeds, Buffalo, New York My Commission expires: 12/31/10 39 ERIE COUNTY CLERK'S OFFICE County Clerk's Recording Page Return to: PROJECT FIFTY-FIVE INC 2495 MAIN ST BUFFALO, NY 14214 Party 1: SCERRA VINCENT C AKA Party 2: PROJECT FIFTY-FIVE INC Recording Fees: RECORDING COE CO $1 RET COE STATE $14.25 GEN COE STATE $4.75 RM RP5217 CNTY $9 RP5217 ST -NON RES $241 TP584 $35.00 $1.00 $14.25 $4.75 $9.00 $241.00 $10.00 STATE OF NEW YORK ERIE COUNTY CLERK'S OFFICE 111 1111111111E111111 lti lit lililti Book Type: D Book: 11296 Page: 1504 Page Count: 3 Doc Type: DEED Rec Date: 05/17/2016 Rec Time: 12:36:39 PM Control #: 2016099786 UserlD: Loretta Trans #: 16079615 Document Sequence Number TT2015020576 Consideration Amount: 1800.00 Total: $333.00 BASIC MT SONYMA MT ADDL MT/NFTA SP MT/M-RAIL NY STATE TT ROAD FUND TT $0.00 $0.00 $0.00 $0.00 $8.00 $10.00 WARNING — THIS SHEET CONSTITUTES THE CLERK'S ENDORSEMENT REQUIRED BY SECTION 319&316-a (5) OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH. THIS IS NOT A BILL, Christopher L. Jacobs County Clerk 40 WARRANTY DEED WILIEN COVENANT ► �� . THIS INDENTURE made the/3° day of Gzq , Two Thousand Sixteen ViNeEN7-6, 5ef ,alb+ Between VINCENT J. SCERRA,* residing at 148 Leroy Avenue, Buffalo, New York 14214 Party of the first part, and 'PROJECT FIFTY-FIVE, INC., with a location at 2495 Main Street, Buffalo, New York 14214 Parties of the second part. Witnesseth that the said party the first part, in consideration of One and More Dollars ($I.0D & More) lawful money of the United States, paid by the parties of the second part, does hereby grant and release unto the said parties of the second part, their successors and assigns forever, ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot Number 43, Township 11, Range 8 of the Holland Land Company's Survey and according to a map recorded in Erie County Clerk's Office in Liber 803 of Deeds at page 412, is known as Subdivision Lot No. 57m described as follows: BEGINNING at a point in the southerly line of Brewster Street distant three hundred (300) feet easterly from the easterly line of Halbert Street; running thence southerly at right angles to Brewster Street seventy-five (75) feet; thence easterly parallel with Brewster Street thirty (30) feet; thence northerly at right angles seventy- five (75) feet to the southerly line of Brewster Street; thence westerly along the southerly line of Brewster Street thirty (30) feet to the point of beginning. Premises commonly known as: 31 BREWSTER STREET, BUFFALO, NY SBL NO.: 89.44-7-8 41 WARRANTY DEED W/LIEN COVENANT Together with the appurtenances and all the estate and rights of the party of the first part in and to the said premises. To Haveand .to.Hold, the above granted premises unto the said parties of the second part, their successors and assigns forever. And the said party of the first part does covenant with the grantees as follows: First, that the parties of the second part shall quietly enjoy the said premises. Second, that the party of the first part will forever WARRANT the title to said premises. Third, subject to the trust fund provisions of Section Thirteen of the Lien Law. In Witness Whereof the said party of the first part has/have hereunto set her hand and seal the day and year first above written. In Presence of VINCENT €,SCERRA 4 kA w,/ icy' 3. 5 , STATE OF NEW YORK COUNTY OF ERIE )ss.: On this ltday of � , in the year 2416 , before me, the undersigned, a notary public in and or said state, erKonall appeared Jr P Y PP Vie re. Sr2,2A qlk/,4 VINCENT J. SCERRA, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. snip %►f/14 NO' ` ' UBLIC DARIA L PRATCHER Notary Public; State of New York r Qualified in Erie County i// 41 My Commission Expires RETURN TO BOX: 42 BYRON W. BROWN MAYOR Market on Main, Inc. 2495 Main Street Buffalo, New York 14214 CITY OF BUFFALO DEPARTMENT OF LAW Re: In Rem No. 43 Serial No. 3144 Property: 35 Brewster Dear Sir or Madam: Office. November 7, 2013 TIMOTHY A. BALL CORPORATION COUNSEL Please find enclosed your Referee Deed, which was recorded m the Erie County Clerk's Very truly yours, Timothy A. Ball Corporation Counsel .i u llo N. Noble Assistant Corporation Counsel TAB:rNN:es Enclosure T:Nvp60Un Rem 461ES\Deed Itrs135 Brewsler.doc G5 NIAGARA SQUARE / 1100 CLIY HALL / BUFFALO, NY 14202-3379 / (71G) 851-4343 / PAX: (BO 851-4105 /,4-4-mcity-buffalo.com 43 --- ERIE COUNTY CLERKS OFFICE County Clerk's Recording Page Return to: BOX 150 Party 1: CITY OF BUFFALO REF Party 2: MARKET ON MAIN INC Recording Fees: Fee 1 Fee 2 COE STATE $14.25 GEN COE STATE $4.75 RM RP5217 CNTY $9 RP5217 ST -NON RES $241 $35.00 $1.00 $14.25 $4.75 $9.00 $241.00 Total: 5305.00 STATE OF NEW YORK ERIE COUNTY CLERK'S OFFICE 111111111111111111111111111111111IIIIII Book Type: D Book: 11241 Page5764 Page Count: 3 Doc Type: DEED Rec Date: 03/14/2013 Rec Time: 09:49:19 AM Control #: 2013059632 UserlD: Eileen Trans ft: 13041954 Document Sequence Number TT2012013758 Consideration Amount: 500.00 BASIC MT SONYMA MT ADDL MT/NFTA SP MT/M-RAIL NY STATE TT ROAD FUND TT $0.00- $0,00 $0.00 $0.00 $0.00 $0.00 WARNING — THIS SHEET CONSTITUTES THE CLERK'S ENDORSEMENT BY SECTION 319&316-a (5) OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH. THIS IS NOT A BILL. Christopher L. Jacobs County Clerk 44 MAIL TO: BOX 150 REFEREE'S DEED THIS INDENTURE made this day of c -c\ . , 2013, between the CITY OF BUFFALO . . AND THE CITY OF BUFFALO SEWER AUTHORITY, by MICHAEL A, SEAMAN, Director of the Treasury arid',;, Collections; Deputy Commissioner of Administration, Finance and Urban Affairs as REFEREE, in the proceeding.:. hereinafter mentioned, with offices at 65 Niagara Square, Buffalo, New York 14202, Party of the First P Market on Main, Inc., with offices at 2495 Main Street, Buffalo, New York 14214 Party of the Second Part, WITNESSETH and WHEREAS, at a Term of the County Court, Erie County, held in the Erie County Court Part :25,.25 • Delaware Avenue Buffalo, New York 14202, on the 21a' day of September, 2012, it was, among other things, ordered; .." adjudged and decreed by said Court in a certain proceeding then pending in the said Court entitled: IN THE MATTER OF FORECLOSURE OF TAX; USER FEES; SEWER AND WATER CHARGE LIENS, BY PROCEEDING IN REM PURSUANT TO ARTICLE ELEVEN QF THE REAL PROPERTY TAX LAW BY THE CITY OF BUFFALO, THE CITY OF BUFFALO';': WATER BOARD AND THE BUFFALO SEWER AUTHORITY AFFECTING DISTRICT: NOS. 1 THROUGH 14, INCLUSIVE. Premises: 35 Brewster In Rem.No:43 Serial No.: 3144 Index No. I 2009-1430 that the City of Buffalo et al; are the owners and holders of good and valid tax, user fees, sewer rent and water charge liens against the premises described in the Petition and Notice of Foreclosure filed therein and in said judgment, and that all and-:'. singular premisesdescribed in said Petition and Notice of Foreclosure and judgment, or such partthereof as is:sufftcient to satisfy such tax, user fees, sewer rent and water charge liens, and which might be sold separately without material injury to the parties interested, be sold at public auction according to law and the practice of said Court by and under the direction of. the Commissioner of Administration, Finance Policy and Urban Affairs enforcing officer of the City of Buffalo; or bytbe' Deputy Commissioner of Administration, Finance Policy and Urban Affairs appointed REFEREE in such proceeding arid:'.: to whom it was referred by the said judgment, among other things, to make such sale; that the sale be made in.the City where the said premises, or the greater part thereof, are situated; that said REFEREE give public notice of the:tvne and place of said sale according to law and the course and practice of said Court, and that any of the parties to said proceeding`: might become a purchaser or purchasers at such sale; that the said REFEREE execute to the purchaser or purchasers`of s.2id premises, or such a part or parts thereof as shall be sold, a good and sufficient deed or deeds or conveyance for the same and pay the taxes, assessments, sewer rent, user fees or water charge which are liens upon the property sold, et al:; and.. WHEREAS, the said REFEREE in pursuance of the order and judgment of said Court, did, on the 291h, 30'h and 31°:.: day of October, 2012 sell at public auction in the Buffalo Convention Center, Convention Center Plaza, m the City of Buffalo, County of Erie and State of New York, the premises in the said order and judgment mentioned, due notice'ef the time and place of such sale being first given, pursuant to said judgment, at which sale the premises hereinafter'desctibed.; were sold to the party of the second part for the sum of Five Hundred Dollars (5500.00 & no more), that being thehighes,t':.. sum bid for the same and being the highest bidder therefor; , NOW, THIS INDENTURE WITNESSETH: That the said MICHAEL A. SEAMAN, Director of the Treasury and. Collections; Deputy Commissioner of Administration, Finance, Policy and Urban Affairs of the City of Buffalo, as REFEREE, being the party of the first part to these presents, in order to carry into effect the sale made by him pursuant to the order and judgment of said Court, and in conformity with the statute in such case made and provided, and also; in consideration of the premises and of the said sum of money so bid as aforesaid, having been fust duly paid by the pArty'of the second part, the receipt whereof is acknowledged, has bargained and sold and by these presents does grant and convey , unto the said party of the second part, his/her/its successors and assigns, all of the right, title and interest which the said City of Buffalo, County of Erie and all other persons, including the State of New York, infants, incompetents, absentees and non residents, had at the time of the filing of said Petition and Notice of Foreclosure in said proceeding, or at any timethereafteri `:r: it being their interest in said premises which was so sold and is hereby conveyed, in and to, SR 1p3 45 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, bounded and described as follows: SERIAL NO. 3144 DESCRIPTION OF PROPERTY DISTRICT NO: 35 Brewster 276.73 W Fillmore 00030 x 00075 CERTIFICATE NO. 05824800 147009 SBL NO, TO H