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HomeMy WebLinkAbout09-0915CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, September 15, 2009 AT 2:00 P.M. Present --- David A. Franczyk, President of the Council, and Councilmembers: Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell & Smith - 9 Absent -None On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on September 1, 2009 were approved. DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [ ------------- [MAJ- 5] [ 2/3 - 61 [3/4- 7 *AY* NO * * * * * * * * * * * * * * * * * * * * * * * * * * * 9 * 0 Sept 15, 2009 C FROM THE MAYOR Sept 15, 2009 ®® ®01 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT SUBJECT: September 4, 2049 03 -0 Mayor [: Appointment - [: Citizen's Planning Council PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Pursuant to Section 18 -24 of the Charter, 1 hereby appoint Marsha D. Jackson, Ph.D., 234 Clinton Street, Buffalo, New York, 14204 to serve on the Citizen's Planning Council for a 2 year term, commencing immediately and expiring August 31, 2011. Ms. Jackson is currently serving as Associate Vice President for Student Affairs at Erie Community College. She is an accomplished college administrator with extensive experience and achievements in various areas of higher education including student affairs, academics, organizational strategies, program development, student support services, training and integration of college activities with community organizations, public schools, local business and industry. I hereby certify that the above named individual is fully qualified to serve as a member of the Citizen's Planning Council. SIGNATURE DEPARTMENT HEAD TIT - yron W. Bro n, Mayor RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT Sept 15, 2009 FRONT THE CITY PLANNING BOARD Sept 15, 2009 0000? SF-.QRA Notice of Determination Non Significance Negative Declaration This notice Is issued pursuant to Part 617 of the implementing regulations pertaining to Article S (SEQR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Renovation of Former Fire House A Location: 2025 Bailey Avenue AKA 222 Doat Type of Action: Unlisted - Uncoordinated Description: Creative Construction Structure Services on behalf of Saving Grace Ministries is proposing the renovation of a farmer fire house located at 2025 Bailey Avenue AKA 222 Doat Street, Buffalo New York. The structure is a former firehouse located on the corner of Bailey & Doat. The exterior renovation is limited to the bricking In (with some glass block in the form of a cross) of the front fire doors that are located on the Bailey Avenue elevation. There will be no other exterior change as the building is in good condition. Most of the renovation will be interior to the building. An existing parking lot across and down the block from the firehouse will be used for the employees of the new office space. The corporate office headquarters will serve Buffalo, Syracuse, Rochester and in the future Now York City. The project is privately funded in the amount of 300,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determ4ation: The facts and reasons for this decision are as follows: The project will save a building that is currently in good condition that has the potential for complete abandonment as well as provide a new corporate office who's employees may become residents of the surrounding community and /or customers of various businesses in the area (lunch, general shopping etc.). The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweiq, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 716 851 -5085 Dated: Se tember B 2009 CC: City Clerk City of Buffala Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Creative Structures .l ` ��, D AND FI ®0003 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Apartment Building/ Commercial Space, 1040 Delaware Avenue Location: 1040 Delaware Avenue Type of Action: Unlisted- Uncoordinated Description: Wyiler & Associates on behalf of 1040 Delaware LLC (Plaza Group) Is proposing the renovation of a former nursing home into upscale apartments with some first floor commercial space located at 1040 Delaware Avenue, Buffalo New York. The primary exterior renovations of the structure will front onto Delaware Avenue. The renovations will transform the front of the building to a neo classical architecture, more reminiscent of past, earlier architecture on Delaware Avenue. The changes will replace the existing raised concrete deck patios with a lower grade elevation to create an enhanced architectural esthetic. The proposal will include 49 small loft style apartments utilizing all of the existing buildings entrances, as well as a new front entrance located off a new 12' wide one way drop offlpick up access drive. There will be approximately 2000 Sq ft. of office space located on the lower level and at the eastern end of the building, The new apartments are primarily one bedroom units sized at about 600 sq ft each although there will also be 13 two bedroom apartments, The building will incorporate a new sprinkler system and a new state of the art smoke and fire detection system. All of the building life - safety systems as well as all other building systems will meet or exceed all New York State Code Compliance requirements as par the architect's communication to the Planning Board. The buildings lower level will house the aforementioned commercial space as well as common laundry room facilities, private storage areas, a common meeting areallounge area for the residents, bicycle storage area, mechanical support space, indoor trash storage collection and also AAA compliant restrooms. Additionally there is a possibility of creating green opportunities such as installing solar panels on the roof structure. The panels would be located an the roof area so as not to be visible from any ground vantage points. Solar collection panels may assist in the heat tracing of the new front one -way drive lane and concrete sidewalks as well as supporting other common area interior building power requirements, The building is surrounded by sufficient off street parking and front and side raised concrete decks and patios. New landscaping will be added to the front of the building and in other areas surrounding the property. This project has been reviewed by the City of Buffalo Preservation Board with no additional comments as per staff. The project is privately funded. As a result of'this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project Implementation and a Draft Environmental impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will take a currently vacant nursing home that has the potential for failing into disrepair and converting it to upscale apartments/commercial space (offices doctor etc.) contributing to the already successful neighborhood surrounding the proposed building renovation. The Identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant In magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further Information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Nall, Buffalo New York 14202 — 716 851 -5085 Dated September 8. 2009 CC: City Clerk City of Buffalo Public Works, Parks, Streets D paitment City of Buffalo Economic Development, Permits and Inspection Wylier & Associates 00004 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Heart of the City Neighborhoods, Housing Complex Location: 294 -302 Hudson Street Type of Action: Unlisted- Coordinated Description- Heart of the City is proposing the construction of two four unit apartment buildings located at 294 -302 Hudson Street, Buffalo New York. This project had received approval from the City Planning Board in 2006 however the Heart of the City Group was not able to secure the funding needed to begin the project In 2006 the project was presented to the City Preservation Board as a courtesy for comments and to the New York State Office of Parks, Recreation and Historic Preservation and was found to have no impact upon cultural resources in or eligible for inclusion in the State or rational Register of Historic Places. The project Is LEER certified and will Include the construction of eight units of housing in two stand alone buildings with new landscaping and off street parking. A number of community meetings have been held by the Heart of the City Organization and at the request of the City of Buffalo Planning Hoard. The development Is income based with a minimum annual salary of 27,040 dollars to a maximum salary of 54,800 dollars. The project is funded by the Housing Trust Fund Corporation in the amount of 1,500,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determinatlow The facts and reasons for this decision are as follows: this project will take an abandoned vacant lot and create new positive housing opportunity, new landscapingtoff street parking and a LEER certified building to a growing community in the City of Buffalo. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, Contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 -- 716 851 -5085 Dated September B. 2009 CC: City Clerk City of Buffalo Public Works, Darks, Streets Department City of Buffalo Economic Development, Permits and Inspection Housing Trust Fund Corporation Heart of the City Neighborhoods ": ., MD FILED n FROM THE PRESIDENT OF THE COUNCIL. Sept 15, 2009 0000 - g FILLMORE DISTRICT COUNCIL MEMBER DAVID A. FRANCZYK PRESIDENT OF TFIE BUFFALO COMMON COUNCIL 65 NIAGARA SQUARE 1315 CITY HALT, BUFFALO, NY 14202 -3318 (716) 851 -4138 FAX: (716) 851 -4869 E -mail: dfranczyWcity- buffalo.com City of Buffalo Website: www.eity- buffalo.coin September 10, 2009 Mr. Douglas S. Coppola, Esq. Chairman, City of Buffalo Board of Ethics c/o Room 1308 City Hall Buffalo, NY 14202 Dear Mr. Coppola: Reference: Buffalo News Article- Brown reportedly intervened with police to assist Stokes Enclosed, please find a recent Buffalo News article alleging Mayor Brown's involvement in an on -going police investigation resulting in the release of a politically connected suspect from Buffalo Police custody. 1 forward you this information because, although I cannot speak to the veracity of these allegations, if found to be true they may or may not be a violation of the City of Buffalo's Code of Ethics and potentially the Mayor's oath of office. 1 am deeply troubled by these reports and am requesting that the City Board of Ethics undertake an immediate review of this matter and file their findings with the City of Buffalo Common Council with all expediency. r - _ 17, , g Sincerely, DAVID A. FFANCZY.K Common Council President Common Council Member - Fillmore District Attachments Brown reportedly intervened with police to assist Stokes Page 1 of 4 , Access Blocked - Content Alert The URL: _ h_ ttp./ /c5.zedo.com /jsc�cS /ffZ,._html? was blocked MwBUFFALoNEws Leonard Stokes was accused of having a stolen parking permit but was reportedly freed after being taken to the mayor's office. Dill Wipj i %71offalo C PRINTTHIS Access Blocked - Content Alert The URL: http : /Ic5.zedo.c was blocked . The link you are accessing has been blocked by the Barracuda Web Filter because it matches a blocked category. The name of the category is: "advertisement -pop -ups" . If you believe this is an error or need to access this link please contact your administrator. Brown reportedly intervened with police to assist Stokes Rookie restaurateur brought to City Hall By Brian Meyer NEWS STAFF REPORTER Updated: September 06, 2009, 2:20 PM / http:llwww.printthis. cl ickability.comlptlept ?action =cpt &title =Brown +.reportedly +interven... 9/10/2009 Brown reportedly intervened with police to assist Stokes Page 2 of 4 Mayor Byron W. Brown has said that he would do nothing out of the ordinary to help Leonard Stokes with his restaurant, One Sunset. But at about the same time Stokes was trying to get city funds for the restaurant, Brown was intervening on Stokes' behalf when police apprehended him for allegedly possessing a stolen handicapped parking permit, three sources familiar with the 2007 case told The Buffalo News. Brown has said in earlier interviews that Stokes was a "young man with promise" and that while he met with hire to discuss his business plans for One Sunset, he did nothing more for Stokes than what he would do for any aspiring business owner ❑ that is, ask his development staff to see if they could be "helpful." Yet during the summer of 2007 incident, sources said, police officers, handcuffed and placed Stokes in a patrol car after they received calls that his vehicle parked outside the Ellicott Square Building allegedly displayed a stolen handicapped parking permit. Stokes insisted to police on calling the mayor, the sources said. After repeated requests, police called the mayor's office. An officer was told to take Stokes directly to the .mayor's second- floor office in City Hall. Sources said it was unclear who gave the directive to deliver Stokes to Brown, but the order was followed. A short time later, sources confirmed, Stokes was allowed to leave City Hall a free man. He wasn't arrested or booked. As a result, they said, there are no official police records. "The mayor definitely made it go away," said one law enforcement source who has detailed knowledge of the case. "Does everybody have this kind of "getout of jail free' card ?" The incident occurred in the summer of 2007, when Stokes was applying for 0 and receiving 11 city funds for his One Sunset restaurant, which eventually failed. When The Buffalo News asked Brown about the allegation, he responded: "I will say to you I have no comment on your story. ". Brown then insisted on meeting privately with three of his advisers: First Deputy Mayor Steven M. Casey, chief spokesman Peter K. Cutler and mayoral aide Peter J. Savage 111. Cutler emerged from the meeting, reiterating that the mayor would have "no comment" until the administration could "look into the details" of the allegations. One day after The News confronted Brown with the claims, he called to add to his earlicr statement. Brown said the claims are "politically motivated." Brown faces a challenge in the Sept. 15 Democratic primary from South Council Member Michael P. Kearns. Even after being asked several times, the mayor would not directly deny that he intervened on behalf of Stokes during the 2007 police investigation of the stolen handicapped parking permit. "I am fact - checking this," Brown said. Why won't he confirm or deny that he had direct involvement in meeting with Stokes shortly after police took him into custody? "That was two years ago," Brown said. "This is clearly politically motivated. The timing is very questionable." Was Stokes brought to the mayor's office by a police officer? "This was two years ago," Brown repeated. "What we're trying to do is get all the facts." http: /lwww.printthi s.clickability. com /pticpt ?action =cpt &title =Brown +reportedly +interven... 9/10/2009 Brown reportedly intervened with police to assist Stokes Page 3 of 4 Brown added that, when his review is finished, "this will be completely cleared up." He wouldn't be specific about his refusal to answer basic questions about the alleged incident. Stokes could not be reached to comment. Stokes and One Sunset vaulted into the spotlight earlier this year following a Buffalo News investigation into his failed restaurant at 1389 Delaware Ave., north of Gates Circle. One Sunset received $160,000 in public money, then went belly up last December. Separate investigations by The News and by Buffalo Comptroller Andrew A. Sart ilippo concluded that a city development agency controlled by Mayor Brown circumvented processes to give loans. SanFilippo said the restaurant was clearly a business that was "doomed to failure right. from the start." Stokes had neither the expertise, capital or business plan to make One Sunset succeed, the city audit concluded. Since then, Michelle Barron, who played a key role in- getting One Sunset city and county funding, and also had a questionable hands -on role in helping to operate the restaurant, was fired from as a vice president of Buffalo Economic Renaissance Corp. Also, the FBI recently subpoenaed city records related to One Sunset. Brown, the BERC chairman, has repeatedly said be did not give BERC the green light to skirt rules and give money to a business that did not qualify. A panel of BERC bankers turned down Stokes' initial request for funds in April 2007, but agency staffers approved a revised One Sunset plan in June 2007, authorizing a $40,000 loan. A few months later, in September 2007, BERC gave Stokes a $30,000 grant. BERC approved another $40,000 loan in January 2008. In August 2008, Stokes received a $50,000 loan froin the Erie County IDA. The News previously asked Brown about rumors that he had met numerous times with Stokes, a former basketball star at Turner - Carroll High School as well as the University of Cincinnati, as One Sunset was being launched. "Have I met with him? Absolutely. But I meet with literally hundreds of people every week," Brown replied. One week after sources contacted The Buffalo News about the parking permit incident, a law enforcer also called Niagara Council Member David A. Rivera to discuss the 2007 case. Rivera, a retired detective sergeant in the Buffalo Police Departrnent, said he was stunned by the chain of the events. "In my 25 years of being a police officer, I cannot ever remember an incident where a person who was apprehended by police was taken to the mayor's office," Rivera said. "If this is true, it amounts to interference with a police investigation," Rivera said. Rivera said Brown's initial "no comment," followed by his refusal to deny the claims, fuels even greater concern. "He could have said "It's absolutely false. There's no merit to this.' But they know there's a trail," Rivera said. The Council member denied that his comments are politically motivated, although Rivera is supporting Kearns in the primary. Rivera said that when a law enforcement source contacted him a week after The News was contacted, he felt it was important to publicly acknowledge that he was aware of the serious allegations. The three sources asked that their names not be used, fearing retribution from the administration. Rivera claimed the "fear factor" has spurred many city employees to keep quiet about numerous concerns involving city operations. In January 2007, more than 600 handicapped parking permits were stolen from a locked basement area in City Hall_ Alfonzo Harvin Jr., a former city laborer, was charged with the crime. In the months that followed the arrest, police were on the lookout for the stolen permits. They believe they found one inside Stokes' vehicle, a source http:// www. printthis .clickability.com /pticpt? action —ept &title= Brown +reportedly+interven... 9/10/2009 Brown reportedly intervened with police to assist Stokes said Page 4 of 4 If it's true that the mayor personally intervened to help Stokes with police shortly before he opened his restaurant, why should people believe that he didn't help steer public money to Stokes' business? Brown replied that city auditors went through "reams of documents" and found absolutely no evidence that the mayor "did anything wrong." Does Brown consider Stokes a personal friend? "I'm not going to get into all that," Brown replied. "As I've said, I think he's a young man who has promise ... this is totally politically motivated." Three times Friday, a reporter pressed the mayor to either confirm or deny that he personally became involved in a police investigation involving Stokes. "I'm going to continue to focus on what I need to focus on ❑ that is, continuing to move this city forward," Brown replied. e mail:_bmexgr(Wbv- ((news c_amt Reader comments There on this article. Log into MyBuffalo to post a Rate This comment I Article .. ............ .._'MyBuf €aloUser: Password: ,Log In Forgot your password9 What is MyBuffalo? MyBuffalo is the new social network from Buftalo.com. Your MyBuffalo account lets you comment on and rate stories at buffalonews.com. You can also head over to ypybktffak(tcom to share your blog posts, stories, photos, and videos with the community. Join_novy: or Ee sort comments: Showing coninrents to of ( pages total). Find this article at: http: /hvww buffalonews .(;omlcityregionlbuffaloerie /story /7863B9.htm[ I Check the box to include the list of links referenced in the article. 0 2008 The Buffalo News. S : t kd 01 d3S 5001 MY31 117 0 ,3 `7 � ` httn: / /www. t)rintthis. clickability. corn /i)ticpt? action =cpt &title=Brown +reportedly +interven ... 9/10/2009 1 FILLMORE: DISTRICT COUNCIL, MEMBER September 10, 2009 r _ F .. D AVID A. FRAN CZYK PRI- 61DENT OFT] IG BU1 COMMON COUNCIL FROM: DAVID A. FRANCZYK RE: POLICE OVERSIGHT COMMITTEE REVIEW OF STOKES AFFAIR Dear Colleagues: i 65 NIAGARA SQUARE, 1315 CITY HALL BUFFALO, NY 14202 -3318 (7 "16) 851 -4138 FAX: (716) 851 -4869 E -mail: ci fra.iiczykC�ci ty -bu ffalacocn City of Buffalo Website: www.6ty- buffaloxom I am requesting a conversing of the Common Council's Police Oversight Committee no later than the next committee week of September 18, 2009, to review whether or not police procedure was properly followed in regard to the Leonard Stokes affair as outlined in the attached Buffalo News article. Respectfully Submitted � ! ..._. D vid A. Franczyk ouncil President REFERRED TO THE SPECIAL COMMI'T'TEE ON POLICE OVERSIGHT - !Y.t� rC: Y �'rff'C.: ;�a z.i.�i :; �" ) -.,;;il' „s ✓A - fit. ;7S - ._3i 6,oxes Access Blacked - Content Alert The URL: hip. jLcS .z.edo.com��sc[c5 /Ffi,_html? was blocked THE BUFFALo NEWS Leonard Stokes was accused of having a stolen parking permit but was reportedly freed after being taken to the mayor's office. frill A ippnVBull Nsnvs GrZ PRINTTHIS Access Blocked Content Alert The URL: http: / /c5.zedo.cam/ was blocked . The link you are accessing has been blocked by the Barracuda Web Filter because it matches a blocked category. The name of the category is: „ advertisement -pop -tips” . If you believe this is an error or need to access this link please contact your administrator. Brown reportedly intervened with police to assist Stokes Rookie restaurateur brought to City Hall By Brian Meyer NEWS STAFF REPORTER Updated: September 06, 2009, 2:20 PM / http:// vVww.p rintthis :elickdbility.comlvticpt ?action =cpt& title= Brbwn 9/10/2009 Brown reportedly intervened with police to assist Stokes Page 2 of 4 Mayor Byron W. Brown has said that he would do nothing out of the ordinary to help Leonard Stokes with his restaurant, One Sunset. But at about the same time Stokes was trying to get city funds for the restaurant, Brown was intervening on Stokes' behalf when police apprehended him for allegedly possessing a stolen handicapped parking permit, three sources familiar with the 2007 case told The Buffalo News. Brown has said in earlier interviews that Stokes was a "young man with promise" and that while he met with him to discuss his business plans for One Sunset, he did nothing more for Stokes than what he would do for any aspiring business owner ❑ that is, ask his development staff to see if they could be "helpful." Yet during the summer of 2007 incident, sources said, police officers, handcuffed and placed Stokes in a patrol car after they received calls that his vehicle parked outside the Ellicott Square Building allegedly displayed a stolen handicapped parking permit. Stokes insisted to police on. calling the mayor, the sources said. After repeated requests, police called the mayor's office. An officer was told to take Stokes directly to the mayor's second- floor office in City Hall. Sources said it was unclear who gave the directive to deliver Stokes to Brown, but the order was followed. A short time later, sources confirmed, Stokes was allowed to leave City Hall a free man. He wasn't arrested or booked. As a result, they said, there are no official police records. "The mayor definitely made it go away," said one law enforcement source who has detailed knowledge of the case. "Does everybody have this kind of "get out of jail free' card ?" The incident occurred in the summer of 2007, when Stokes was applying for ❑ and receiving ❑ city funds for his One Sunset restaurant, which eventually failed. When The Buffalo News asked Brown about the allegation, he responded: "1 will say to you I have no comment on your story." Brown then insisted on meeting privately with three of his advisers: First Deputy Mayor Steven M. Casey, chief spokesman Peter K. Cutler and mayoral aide Peter J. Savage III. Cutler emerged from the meeting, reiterating that the mayor would have "no comment" until the administration could "look into the details" of the allegations. One day after The News confronted Brown with the claims, he called to add to his earlier statement. Brown said the claims are "politically motivated." Brown faces a challenge in the Sept. 15 Democratic primary from South Council Member Michael P. Kearns. Even after being asked several times, the mayor would not directly deny that he intervened on behalf of Stokes during the 2007 police investigation of the stolen handicapped parking permit. "I am fact - checking this," Brown said. Why won't he confirm or deny that he had direct involvement in meeting with Stokes shortly after police took him into custody? "That was two years ago," Brown said. "This is clearly politically motivated. The timing is very questionable." Was Stokes brought to the mayor's office by a police officer? "This was two years ago," Brown repeated. "What we're trying to do is get all the facts." httn:ll www. nrintthis .clickabiiity.comlpticpt? action =cpt &title= Brown +reportedly +interven... 9/10/2009 ��E�rFiwdi'✓ TALC. _ ii.,.il;C: With �lsE:.Cv rL ;::1ST . `�0_i - : - s Brown added that, when his review is finished, "this will be complets -ly cleared up." He Wouldn't be specific about his refusal to answer basic questions about the alleged incident. Stokes could not be reached to comment. Stokes and One Sunset vaulted into the spotlight earlier this year following a Buffalo News investigation into his failed restaurant at I389 Delaware Ave., north of Gates Circle. One Sunset received $160,000 in pLEblic money, then went belly up last December. Separate investigations by The News and by Buffalo Comptroller Andrew A. SariFiIippo concluded that a city development agency controlled by Mayor Brown circumvented processes to give loans. SanFilippo said the restaurant was clearly a business that was "doomed to failure right from the start." Stokes had neither the expertise, capital or business plan to make One Sunset succeed, the city audit concluded. Since then, Michelle Barron, who played a key role in getting One Sunset city and county funding, and also had a questionable hands -on role in helping to operate the restaurant, was fired from as a vice president of Buffalo Economic Renaissance Corp. Also, the FBI recently subpoenaed city records related to One Sunset. Brown, the BERG chairman, has repeatedly said he did not give BERC the green light to skirt rules and give money to a business that did not qualify. A panel of BERC bankers turned down Stokes' initial request for funds in April 2007, but agency staffers approved a revised One Sunset plan in June 2007, authorizing a $40,000 loan. A few months later, in September 2007, BERC gave Stokes a $30,000 grant. BERC approved another $40,000 loan in January 2008, In August 2008, Stokes received a $50,000 loan from the Erie County IDA. The News previously asked Brown about rumors that he had met numerous times with Stokes, a former basketball star at Turner - Carroll High School as well as the University of Cincinnati, as One Sunset was being launched. "Have I met with him? Absolutely. But I meet with literally hundreds of people every week," Brown replied. One week after sources contacted The Buffalo News about the parking permit incident, a law enforcer also called Niagara Council Member David A. Rivera to discuss the 2007 case. Rivera, a retired detective sergeant in the BU 11 police Departrneni, said lie was stunned by the chain ofthe events. "in my 25 years of being a police officer, I cannot ever remember an incident where a person who was apprehended by police was taken to the mayor's office," Rivera said. "If this is true, it amounts to interference with a police investigation," Rivera said. Rivera said Brown's initial "no comment," followed by his refusal to deny the claims, fuels even greater concern. "He could have said "It's absolutely false. There's no merit to this.' But they know there's a trail," Rivera said. The Council member denied that his comments are politically motivated, although Rivera is supporting Kearns in the primary. Rivera said that when a law enforcement source contacted him a week after The News was contacted, he felt it was important to publicly acknowledge that he was aware of the serious allegations. The three sources asked that their names not be used fearing retribution from the administration. Rivera claimed the "fear factor" has spurred many city employees to keep quiet about numerous concerns involving city operations. In January 2007, more than 600 handicapped parking permits were stolen from a locked basement area in City Hall. Alfonzo Harvin Jr., a former city laborer, was charged with the crime. In the months that followed the arrest, police were on the lookout for the stolen permits. They believe they found one inside Stakes' vehicle, a source «..,,,f+h;� rnm /rat /oritlat find —rn1R7 tit I P=Rrnwn+r( -nA terl lv+interven___ 9/10/2009 Brown reportedly intervened with police to assist Stokes said. Page 4 of 4 If it's true that the mayor personally intervened to help Stokes with police shortly before he opened his restaurant, why should people believe that he didn't help steer public money to Stokes' business? Brown replied that city auditors went through "reams of documents" and found absolutely no evidence that the mayor "did anything wrong." Does Brown consider Stokes a personal friend? "I'm not going to get into all that," Brown replied. "As I've said, I think he's a young man who has promise ... this is totally politically motivated." Three times Friday, a reporter pressed the mayor to either confirm or deny that he personally became involved in a police investigation involving Stokes. "I'm going to continue to focus on what I need to focus on ❑ that is, continuing to move this city forward," Brown replied. e wail:_bm_eyer@,bmgn— cws.com Reader comments There on this article. Log into MyBuffalo to post a Rate This ; comment I Article - `MyBuffalo user: Password: - ,L.og In Forgot_.yogtr..password? What is MyBuffalo? MyBuffalo is the new social network from Buffalo.com. Your MyBuffalo account lets you comment on and rate stories at buffalonews.co- You can also head over to rijybuffalki.coni to share your bldg posts, stories, photos, and videos with the community. ;fain now or leant- 0—ore. Sort Comments: Showing comments to of ( pages total Find this article at: http : /Avww. buffatonews .comlcityregion /buffaloerie /story /786389.html r- L. Check the box to include the list of links referenced in the article. ® 200a The Buffalo News. 1 Wd 0 t d3$ 600 0-3 - 7 httn-1 lwww. nrintthis .clickability.cornIDticnt? action =ct)t& title —Brown +reportedly +interven... 9/10/2009 FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION Sept 15, 2009 00007 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: September 8, 2009 FROM: DEPARTMENT: Assessment & Taxation DIVISION: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) [: Item No. 110, C.C.P. 9/01/09 f: "Business Improvement f: Exemption" Ordinance [: New York State Real Property Tax Law (RPTL) §485 -b authorizes a partial exemption from an increase in tax liability predicated on an increase in assessed value when that increase is made pursuant to the property being "... constructed, altered, installed or improved." RPTL §485 -b does not require a local option. The benefits of the legislation are available as a matter of law. The legislation does however allow for a local option to reduce the percentages of exemption. This particular 'reduction' option has not been adopted nor do I believe it is being suggested for adoption in Item 110 CCP 9/01/09. The City of Buffalo participates to the fullest extent allowed in the RPTL §485- b statute, a real property tax exemption given to businesses which have had their assessments increased following new construction, alteration, installation or improvement of their property. The purpose of this statute is to encourage business development. The underlying concept is that communities may invest in their future by temporarily foregoing tax revenues in order to attract new commercial and industrial development. Although not a requirement of the RPTL, I believe importing this legislation into the Charter of The City of Buffalo may well help businessmen become knowledgeable of the availability of this benefit in the future. It is a step forward in a continuing quest to make our city business friendly. We concur with this resolution and believe it will benefit the City of Buffalo and the business community_ Thank you for the opportunity to comment on this resolution. If you require additional Information, please do not hesitate to contact me. DEPARTMENT HEAD NAME: Martin F. Kennedy " :MITT TYPE TITLE: Commissioner of ON Assessment and Taxation SIGNATURE OF DEPARTMENT HEAD; J � ®, FROM THE CORPORATION COUNSEL Sept 15, 2009 00005 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: 09 -10 -2009 FROM: DEPARTMENT: LAW SUB a : (: Claims Requiring Expedited Approval PRIOR COUNCIL REFERENCE: (IF ANY) (: TEXT: (TYPE SINGLE SPACE BELOW) The Department of Law, through this Communication, seeks the approval of your Honorable Body for the following claims and prior fiscal year invoices. Because of the timing implications attendant to said claims, the Corporation Counsel is formally requesting that your Honorable Body forego sending them to the Claims Committee, thereby extending payment by two weeks, and instead consider approving them at the September 15, 2009 Meeting of the Common Council. The specific circumstances necessitating said action is contained in the Confidential write -ups that will be hand delivered to each Councilmember's Office, but is generally a result of each matter being on a time - sensitive schedule. These claims are enumerated below and intended to be voted on by Your Honorable Body separately. Litigation Cases Al. Bailey v. City of Buffalo $10,000.00 A2. Eason v. City of Buffalo $12,500.00 A3. Doe v. City of Buffalo $17,000.00 Prior Fiscal Year Invoices BI, Medlab, Inc. $10,063.00 B2. Marlin Leasing $ 012.00 B3. United Business Systems $ 1,1.12.40 B4. Coyne Textiles $ 346.41 TOTAL: S 51,933.81 The attorneys handling said matters will be available at Caucus prior to the Council Meeting to answer any questions or concerns, your Honorable Body may have. Thank you for your kind attention to these matters. TYPE DEPARTMENT HEAD NAME: DAVID RODRIGUEZ TYPE "TITLE: ACTING CORPORATION C EL SIGNATURE OF DEPARTMENT HEAD:... r Mr. Fontana moved: That the above communication from the Department of Law, dated September 10, 2009, be received and filed; and That the Corporation Counsel be, and he hereby is authorized to pay the claims and prior fiscal year invoices as listed above. That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed. RI TAs:Fnty t:1wp6MPswordlrmv18c9- 15a.doc •,E *AYE* NO * DAVIS * * * FONTANA * * * FRANCZYK * * * GOLOMBEK * * * KEARNS LOCURTO * * * RIVERA * * * RUSSELL * * * SMITH * * * [-------- - - - - -] [MAJ- s] * 9 * p [ 2/3 - 61 [3/4- 7 ] 00009 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: 09-10-2009 FROM: DEPARTMENT: LAW SUBJECT: (: Correction of prior Approval Motion Concernin Abandonment and Sale of 238 Ontario Street PRIOR COUNCIL REFERENCE: (IF ANY) (: Item No. 3 C.C.P. 06 -09 -2009 TEXT: TYPE SINGLE SPACE BELO On June 6, 2009, your Honorable Body approved the abandonment and sale of the 238 Ontario Street Parking Lot (approximately 89 acres) and 817 Tonawanda Street parking lot (approximately 11 acres) to 1093 Group, LLC in the amount of THIRTY THOUSAND DOLLARS ($30,000.00). The approval motion for said action erroneously authorized the Director of Real Estate to negotiate with 1093 Group, LLC. and to report back to your Honorable Body with the outcome for final approval, a step which had already been taken, but was overlooked by the Law Department in providing the Clerk's Office with the approval motions for the June 9, 2009 meeting. As the error in the approval motion made by our Department could unnecessarily complicate the closing of the properties in question, the Law Department hereby requests that your Honorable Body formally approve the abandonment/sale of the parking lots located at 238 Ontario Street and 817 Tonawanda Street to 1093 Group, LLC. in the amount of THIRTY THOUSAND DOLLARS ($30,000). The Law Department further recommends that the Executive Director of the Office of Strategic Planning be authorized to prepare the necessary documents for the sale and transfer of title and that the Mayor be authorized to execute the same. Thank you for your kind attention to this matter. TYPE DEPARTMENT HEAD NAME: DAVID RODRIGUEZ TYPE TITLE: ACTING CORPORATION COUNSEL SIGNATURE OF DEPARTMENT HEAD: Mr. Fontana moved: That the above communication from the Department of Law, dated September 10, 2009, be received and filed; and That the abandonment and sale of 238 Ontario Street parking lot (approximately 89 acres) and 817 Tonawanda Street parking lot (approximately 11 acres) was previously approved by Item No. 3, C.C.P., June 9, 2009 and should be amended to authorize the Executive Director of the Office of Strategic Planning to prepare the necessary documents for the sale and transfer of title to 1093 Group, LLC in the amount of $30,000.00 and that the Mayor be, and he hereby is authorized to execute the same. Passed. 9 TAB:miv LNl vp60Vm,.vord\nnv\9c9- 15a.doc Jr' [-------- - - - - -] [MAJ- S] [ 213 - 6 ] [314- 7] DAVIS FONTANA FRANCZYK GOLOMSEK KEARNS LOCURTO RIVERA RUSSELL SMITH *AYE* NO * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 0 r� FROM THE CITY CLERK Sept 15, 2009 00010 No. Leaves of Absence Without Pay 1 transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor /Mayor Executive- Comptroller- Common Council- Assessment and Taxation- r,'; ; x Public Works, Streets & Parks - Jeffrey Brett, Crystal. Shirley, Jeffrey Tamsen x Police- Ronny B.latchford, Deborah Daniel Firer Corporation Counsel- Community Services - Economic Development & Permit and Inspection Services- Management Information Systems Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission- RECEIVED AND FILED. Sept 15, 2009 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT Public Works DA'Z'E: September 8, 2009 DIVISION: Engineering SUBJECT: [: Leave of Absence - �: Jeffrey Brett PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx C.C.P. xx /xx /xx Please be advised. that Mr. Jeffrey Brett, 609 Richmond Avenue, Apt. #14 Buffalo (22), has been granted an employment opportunities leave of absence from his Permanent Civil Service position of City Forester with the Division of Engineering. In accordance with the provisions of the Collective Bargaining; Agreement between the City of Buffalo and Local 650 AFSCME, Mr. Brett is entitled to this leave for the duration of his probationary period with the Buffalo Fire Department. This .leave of absence commenced on September 8, 2009, and will remain in effect until his probationary period has expired. TYPE TITLE SIGNATURE OF DEPAWI'Ml= s`N`I' HEAD: SJS /CAM /jmb Cc: Peter J. Merlo, P.E. Donna Estrich Olivia Licata Dana Bobinchek Bonni Cascio Jeffrey Brett Commissioner SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works DIVISION: Water DATE. September 8, 2009 SUBJECT: [: Leave off Absence - [: Crystal Shirley PRIOR COUNCIL. REFERENCE: (Ili ANY) (: Ex. ( Item No. xxx, C.C.P. xx /xx /xx Please be advised that Ms. Crystal Shirley, 33 Leonard Street, Buffalo (15), has been , granted an employment opportunities leave of absence from his Permanent Civil Service position of Account Clerk - Typist with the Division of Water. In accordance with the provisions of the Collective Bargaining Agreement between the City of Buffalo and Local 650 AFSCMI:;, Ms. Shirley is entitled to this leave for the duration of her probationary period with the Buffalo Board of Education. "This leave of absence commenced on August 26, 2009, and will remain in effect until his probationary period has expired. TYPE TITLE: SIGNATURE OF DEPARTMF..NT HEAD: SJS/CAMIj nb Cc: Peter J. Merlo, P.E. James Campolong Steven 7.ordich James E. Cowley Sr., P.E. Shirley Hunter Donna Estrich Olivia Licata Dana Bobinchek Carole Getz Crystal Shirley Commissioner SINGLE PAGE COMMUNICATION "I'O THE COMMON COUNCIL TO: TIJFI COMMON COUNCIL DATE: September 8. 2009 FROM: DEPARTMENT: Public Works DIVISION: Streets SUBJECT: [: L,eave of Absence - [: Jeffrey Tamsen PRIOR COUNCIL, RI "FERENCE: (1F ANY) [: Ex. ( Item No. xxx, C.C.P. xx /xx /xx Please; be advised that Mr. Jeffrey Tamsen, 42 Eugene Avenue, Buffalo (16), has been. granted an employment opportunities leave of absence from his Permanent Civil Service position of Truck Driver (Streets) with the Division of Streets. In accordance with the provisions of the Collective Bargaining Agreement between the City of Buffalo and Local 264 AFSCME, Mr. Tamsen is entitled to this leave for the duration of his probationary period with the Buffalo Fire Department. This leave of'absence commenced on September 8, 2009, and will remain .in. effect until his probationary period has expired. TYPE "TITLE: SIGNATURE OF DEPARI'MENT HEAD: SJS /CAM /jmb Cc: Henry Jackson Donna Estrich Olivia Licata Dana Bobinchek Jeffrey Tamsen Commissioner SING L,I P AGE COMMUNICATION TO THE COMMON COUNCIL. TO: THE COMMON COUNCIL. FROM: DEPARTMENT DATE: POLICE 1 DIVISION: SUBJECT: 1: Military heave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) 1: Item No. Ex. ( Item N o. xxx C.C.P. xx /xx /xx) TEXT: ( TYPE SINGLE SPACI BI'JLO PO Roney I3latchfbrd assigned to the B- District has been granted a military leave of absence without pay for the period of' 43 days commencing August 24, 2009 through October 5, 2009. I- IMG /tlo TYPE DEPAR`I'MI;NT IIEAD NAME: II. McCarthy Gipson TYPE TITLE SIGNATURE OF I)I3PARTMI NT HEAD: �r P - Z DATE: �V NAME: jg1w *SSN: XXX ` XX * "LAST FOUR (4) DIGITS ONLY " RANK: �-p - UNIT: h ._ + TYPE OF LEAVE EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ MEDICAL ❑ FAMILY MEDICAL ❑ MILITARY PERSONAL • THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE. FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (34) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH, & ID CARD PRIOR TO THE START OF THEIR LEAVE. FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATI N OF LEAV .) DATES OF LEAVE BEGINNING DATE: END DATE: RETURN DATE: ! �, LENGTH OF LEAVE: 1.C5 e.l r ar fs.7 V See- EMPLOYEE SIGNATURE PPROVED / D NIED J APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT LICE INSPECTOR DATE APPROVED IDENIED POLICE CSSI ER / DATE O I CC: ORIGINAL - ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL SINGLI" P AGE COMMUNICATION TO T1 1E COMMON COUNCII, TO: THE COMMON COUNCIL FROM: DEPAR`T'MENT: DIVISION: DATE: September 2, 2009 POLICE SUBJECT: I: Leave of Absence PRIOR COUNCII, REFERENCE: (IF ANY) 1: Item No. E?x. ( Item No. xxx, C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE. BELOW PO DEBORAH DANIEL ASSIGNED TO THE B- DISTRICT HAS BEEN GRANTED A PERSONAL LEAVE OF ABSENCE WITHOUT PAY FOR THE PERIOD OF 1 MONTH COMMENCING AUGUST 15, 2009 THROUGH SEPTEMBER 15, 2009. HMG /tlo TYPE DF'PARTMI3NT III:aAD NAME: II. M.cCartll Gi son TYPE; 'T'ITLE: Commissioner of Police SIGNATURE OF DEPAR`T'MI NT flF,AD: �` [17 -APS NAME: *SSN: RANK: ! l UNIT: EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ MEDICAL. ❑ FAMILY MEDICAL ❑ MILITARY ❑ PERSONAL THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT" OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) . THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH, & ID CARD PRIOR TO THE START OF THEIR LEAVE. FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL DATES OF LEAVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: EMPLOYEE SIGNATURE PPR f DENIED / APPROVAL COND1170NED UPON SURRENDER OF DEPARTMENTAL F UJPMENr POLICE CdfA 1 ONER DATE CC: ORIGINAL - ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL * * LAST FOUR (4) DIGITS ONLY** LICE INSPECTOR DATE ljJ "712 EMPLOYEE SIGNATURE PPR f DENIED / APPROVAL COND1170NED UPON SURRENDER OF DEPARTMENTAL F UJPMENr POLICE CdfA 1 ONER DATE CC: ORIGINAL - ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL * * LAST FOUR (4) DIGITS ONLY** LICE INSPECTOR DATE 0001 4. No. 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. 1 } Sept 15, 2009 #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE September 2, 2009 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 Regular Meeting; of the Buffalo Sewer Authority held on September 2, 2009, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman Christopher Roosevelt, Assistant Vice Chairman Eleanor C. Wilson- DiVincenzo, Secretary John E. Kennedy, Jr., Assistant Secretary Absent: John D. Kennedy, Sr., Vice Chairman DEPARTMENT HEAD NAME: DAVID P. COMERFORD TITLE GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD: > F. 0001 ;f No. Notices of Appointments - Council Interns I transmit herewith. appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. i Sept 15, 2009 #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 prornotion(s). I further certify that the persons) named in Schedtrlc "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 August 7, 2009 Common Council Masten District Office Intern Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEAOIAE Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Staging Salary of $ 7.25 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. NAME ADDRESS CITY & ZIP XXX -XX -9519 Jamal X Webb 56 Courtland Ave Buffalo, NY 14215 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 - 412002 TITLE CODE NO 1771 BUDGET ACCT. OBJ. PROJ. ID PERSONNEL REQ. NO 4981 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: 08131/,2009 SIGNATURE OF APPOINTING AUTHORITY 41 l .: ORIGINAL* 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVIC #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE (S 94 (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, t transmit this certification of appointments) 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 09103/2009 COMMON COUNCIL SOUTH DISTRICT INTERN V Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) 1-N LASSIFIE Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 8.00 LAST JOB TITLE NAME SHARON JOHNSON LAST DEPARTMENT DATE ADDRESS 925 DELAWARE AVE LAST SALARY CITY & ZIP BUFFALO, NY 14209 LAST 4 DIGITS OF SSN. XXX -XX -6820 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10112001- 412002 TITLE CODE NO 1774 BUDGET ACCT. OBJ. PROJ. ID PERSONNEL REQ. NO 5000 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: GERALD CHWALINSKI CITY CLERK DATE: 09/Q4/2009 F SIGNATURE OF APPOINTING AUTHORITY: i. ORIGINAL + 2 COPIES TO: CITY CLERK ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESCIVIL SERVICE #6 BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES) #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 appointments) 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: in the Department of Division of to the Position of 09103/2009 COMMON COUNCIL SOUTH DISTRICT INTERN VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) UNCLASSIFIED Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DIANE ROGOWSKI DATE ADDRESS 125 RIDGEWOOD RD CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -2028 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10112001 - 412002 TITLE CODE NO 1775 BUDGET ACCT, OBJ. PROJ. ID PERSONNEL REQ. NO 4999 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: GERALD CHWALINSKI CITY CLERK DATE: 0910 A , 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 #6- EMPLOYEE {51 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. t- Sept 15, 2009 01 (Rev 1 -02) Certificate of Appointment In compliat[rcc with provisions of Section 24--2 of the Charter mid Chapter 3> -t of the Ordinanecs of the City of Buffalo, t transrrrif this certification of appointment(s) or promotion(s) _ 1 liuther certify that the persou(s) earned ut Schedule "A" have been certified or approved by the tlutrlan ResourccslCivil Service for the Appointment t%ffective: in the Departlnt:nt of Division of August 24, 2009 Law Law to the Position of Assistant Corporation Counsel I (Muni Attorney) Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT- " � W1 Appointment, Promotion, Non - Competitive (insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM (1 StGirting Salary) : Starting Saikwy of $52,122.00 LAST JOB TITLE NAME Melissa Hoffman LAST DEPARTMENT DATE ADDRESS 41 Woodbridge Avenue LAST SALARY CITY & Zip Buffalo NY 14214 LAST 4 DIGITS OF SSN. XXX - XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN, XXX - XX - 2114 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10546001 TITLE CODE NO BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 -13 SALARY RANGE OF POSITION -S$,�04.a0'-$55, 2.00 PER YEAR DAY HOUR YEAR , ll 1 i'__Z ,C3 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: David Rodriguez TITLE OF APPOINTING. AUTHORITY: Acting Corporation Counsel DATE: August 24, 20O SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLf f2ft O N/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- MPLOYEE�Sl #4 (Rev 7 -07) Certificate ®t Appointment •l In compliance with provisions of Section 24 -2 of the Charter and Chapter 35.1 of (lie 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 09/0412009 FIRE FIRE FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open- Competitive, Promotional, Non - Competitive, Exempt (insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Startin Salar : Starttn Safar of 39 87'9 LAST JOB TITLE NAME FRANCIS KRATHAUS LAST DEPARTMENT DATE ADDRESS 44 HARTWELL .RD LAST SALARY CITY & ZIP BUFFALO, NY 14216, LAST 4 DIGITS OF SSN, XXX -XX -0342 LAST JOB TITLE NAME TIMOTHY CANNAN LAST DEPARTMENT DATE ADDRESS 11 ATHOL ST LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -2583 LAST JOB TITLE NAME MICHAEL PAVELJACK LAST DEPARTMENT DATE ADDRESS 62 DAVEY ST LAST SALARY CITY'& ZIP BUFFALO, NY 14206 LAST 4 DIGITS OF SSN. XXX -XX -8148 LAST JOB TITLE NAME JOHN GILMOUR LAST DEPARTMENT DATE ADDRESS 185 CHOATE AV LAS'S SALARY CITY & ZIP BUFFALO, NY 14220 IAST 4 DIGITS OF SSN. XXX -XX -3103 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROJ, ID PERSONNEL. REQ. NO 2003 -17 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR. YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: PATE: SIGNATURE OF APPOINTING AUTHORITY: MICHAEL LOMBARDO FIRE COMMISSIONER 9/412009 ORIGINAL + 2 COPIES I "O: CkTY CLERK ONlE3k F ORE APPOINTMENT_DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN S ERVICES/CIVIL SER VICE #5- - BUDGET #6- DEPARTMENT #7- DIVISl0N #8- EMPLt)Yk E(Sl 4 (Rev 7 -07) i 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 appointinent(s) or lrrornotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Cavil Service for the Appointment Effective: 0910412009 in the Department of Division of to the Position of FIRE rAIL FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $39,879 LAST JOB TITLE NAME PATRICK HERBERT LAST DEPARTMENT DATE ADDRESS 140 DURANT LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -9650 LAST JOB TITLE NAME JEFFREY TAMSEN LAST DEPARTMENT DATE ADDRESS 42 EUGENE AV I -AST SALARY CITY & ZIP BUFFALO, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -6494 LAST JOB TITLE NAME ELIZABETH LEWIS LAST DEPARTMENT DATE ADDRESS 146 CHOATE AV LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN, XXX -XX -9159 LAST JOB TITLE NAME BRIAN MCELROY LAST DEPARTMENT DATE ADDRESS 12S TUSCARORA LAST SALARY CITY & ZIP BUFFALO), NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -6500 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROD, ID PERSONNEL REO. NO 200917 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 9/4/2009 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLE ONlBEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SER VICE ##5- BUDGET #6- DEPARTMENT ##7- DIVISIO #&- EMPLOYEE(S) 44 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 or the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or prornotion(e). I further certify that the person(s) earned in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 09/0412009 in the 'Department of Division of to the Position of 14 FIRE FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Starting Sala : Startina Sala of $39,879 LAST JOB TITLE NAME .JOHN MURRAY LAST DEPARTMENT DATE ADDRESS 882 ABBOTT RD LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -7277 r LAST JOB TITLE NAME JIM WILKINSON LAST DEPARTMENT DATE ADDRESS 83 PHILADELPHIA ST LAST SALARY CITY & ZIP BUFFALO, NY 14207 LAST 4 DIGITS OF SSN, XXX-XX -2670 LAST JOB TITLE NAME MICHAEL MCNATTY LAST DEPARTMENT DATE ADDRESS 1008 TIFFT ST LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -4931 LAST JOB TITLE NAME CHRISTOPHER TERRITO LAST DEPARTMENT DATE ADDRESS 753 PARKSIDE LAST SALARY CITY & ZIP BUFFALO, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -0716 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT, OBJ. 411001 PROJ, ID PERSONNEL REQ. NO 2009 -17 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 9!4120 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK ONIBEFORE APPOINT DATE! OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET 46- DEPARTMENT #7- DIVISION #8- EMPLOYEES} tN (Rev 7 -07) Certificate of Appointment i in compliance with provisions of Section 24 -2 of the Chatter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or nrornotion(s). t further certify that the person(s) named in Schedule "A" have becn certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of 09/0412009 EIRE DIRE FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Plat, Hourly (Insert one) MINIMUM Enter Starting Salary): Startin 79 LAST JOB TITLE NAME MICHAEL ANDREWS LAST DEPARTMENT DATE ADDRESS 77 EAST PARADE LAST SALARY CITY & ZIP BUFFALO, NY 14211 LAST 4 DIGITS OF SSN. XXX -XX -1449 LAST JOIE TITLE ! NAME MICHAEL NASCA LAST DEPARTMENT DATE ADDRESS 52 LOVERING AV LASE' SALARY CITY & ZIP BUFFALO, NY 14216 t_AST 4 DIGITS OF SSN. XXX -XX -8227 LAST JOB TITLE NAME TIMOTHY CREIGHTON I -AST DEPARTMENT DATE ADDRESS 537 DOWNING LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -7446 LAST JOB TITLE NAME CHRISTOPHER WRIGHT LAST DEPARTMENT DATE ADDRESS 319 CROWLEY AV LAST SALARY CITY & ZIP BUFFALO, NY 14207 LAST 4 DIGITS OF SSN, XXX -XX -2007 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 -17 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: DAME OF APPOINTING AUTHORITY: _M ICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 91412009 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL +2 COPIES TO:_C1TY CLERK tON #BFF0RE APPOINTMENT DAT OTH COPIES TO: #3- COMPTROLLER 04- HUMAN SERVICES/CIVIL SERV #5- BUDG #6- DEPARTMENT #7- DIVISION #S EMPLOYEES} 0 (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 appointments) or promotion(s). I turther 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 09/04/2009 FIRE FIRE FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Startin Salar : Starting Salat of $39,879 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -8514 NAME LAURENCE MCPHAIL ADDRESS 305 SKILLEN CITY & ZIP BUFFALO, NY 14207 NAME MARK KOSTEK ADDRESS 128 DUNDEE ST CITY & ZIP BUFFALO, NY 14220 NAME MARK RUSSELL. ADDRESS 49 GOUDLING AV CITY & ZIP BUFFALO, NY 14208 NAME ROBERT FELSCHOW ADDRESS 241 O'CONNEL.L AV CITY & ZIP BUFFALO, NY 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROD, iD PERSONNEL REQ. NO 2009 -17 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER - DATE: 91 0 SIGNATURE OF APPOINTING AUTHORITY: DATE LAST 4 DIGITS OF SSN DATE XXX -XX -6048 r XXX -XX -9331 LAST 4 DIGITS OF SSN. XXX -XX -3651 ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: 43- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET _w #6- DEPART MENT„ #7- DIVISION #8 EMPLOYEE(S) 44 (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 cettiftcation of appointment(s) or promotions). I ftrrther certify that the persons) nam ed in Schedide "A" have been certified or approved by the Taman Resources /Civil Service for the Appointment Effective: 09/04/2009 in the Department of FIRE Division of FIRE to the Position of FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Startin Salar : Startin Salar of � 39 879 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN B Y—AWN LAST 4 DIGITS OF SSN LAST" JOB TITLE LAST DEPARTMENT LAST SALARY XXX -XX -3583 XXX -XX -5069 DATE ; LAST 4 DIGITS OF SSN. XXX -XX -8558 NAME DAVID BANNISTER ADDRESS 66 PIERCE ST CITY & ZIP BUFFALO, NY 14206 NAME PETER SCARCELLO ADDRESS 75 TURNER AV CITY & ZIP BUFFALO, NY 14220 NAME ALEX SHANAHAN ADDRESS 46 MCKINLEY PKY CITY & ZIP BUFFALO, NY 14220 LAST JOB TITLE NAME SCOTT MARTIN LAST DEPARTMENT DATE ADDRESS 542 MARILLA LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN, XXX - XX - 3614 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROJ. iD PERSONNEL REQ. NO 2009 - SALARY RANGE OF POSITION FEAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL L.OMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 914/2009 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COF'€ S TO: CITY CLERK ONlt3EFCiRE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTRQLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6 DEPARTMENT #7- DIVISION #8- EMPLOYE! (51 #=t (.Rev 7 -07) L{ l 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 appointments) or rromotion(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 E.ffwive: in the Depat of Division of to the Position of 09/0412009 FIRE FIRE FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $39,879 LAST JOB TITLE NAME MIKE BARRETT LAST DEPARTMENT DATE ADDRESS 625 FULTON ST LAST SALARY CITY & ZIP BUFFALO, NY 14210 LAST 4 DIGITS OF SSN. XXX -XX -6089 LAST JOB TITLE r NAME NICHOLAS SCHMIDT LAST DEPARTMENT DATE ADDRESS 49 STANDISH RD LAST SALARY CITY & ZIP BUFFALO, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -9774 LAST JOB TITLE NAME JAMES RIGGINS LAST DEPARTMENT DATE ADDRESS 94 RICHLAWN AV LAST SALARY CITY & ZIP BUFFALO, NY 14215 LAST 4 DIGITS OF SSN. XXX -XX -1425 LAST JOB TITLE NAME SCOTT JANOWSKI LAST DEPARTMENT DATE ADDRESS 194 NORWOOD AV LAST SALARY CITY & ZIP BUFFALO, NY 14222 LAST 4 DIGITS OF SSN. XXX -XX -1246 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411401 PROJ. ID PERSONNEL REQ, NO 2009 -17 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: SIGNATURE OF APPOINTING AUTHORITY 9/412009 ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- C OMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #8- B UDGET #8- DEPARTMENT #7- DIVISION #8- EMPLOYEES) 94 (Rev 7 -07) Certificate of Appointment y 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). 1 further certify that the persons) narned 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 09104/2009 FIRE EIRE FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) OPEN - COMPETITI'V'E Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Stantin. Salary): Starting Sala of $39,879 LAST JOB TITLE NAME JOHN OTTO LAST DEPARTMENT DATE ADDRESS 328 SOUTHSIDE PKY LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -1268 LAST JOB TITLE / NAME MICHAEL MANNING LAST DEPARTMENT DATE ADDRESS 888 WEST FERRY ST LAST SALARY CITY & ZIP BUFFALO, NY 14209 LAST 4 DIGITS OF SSN. XXX -XX -5855 I-AST JOB TITLE NAME ADAM MARKEL LAST DEPARTMENT DATE ADDRESS 36 SHENANDOAH RD LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN, XXX -XX -6114 LAST JOB TITLE NAME. DAVID MACKIEWICZ LAST DEPARTMENT DATE ADDRESS 90 AL.DRICH PL LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN, XXXX -XX -3521 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2009 -17 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 9/412009 _ SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 C4P1ES TO: CITY CLERK ONIBEFORE APPOINTMENT BATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(Sa C'? #4 (Rev 7 -07) Certifi o f ,Appoi In compliance with provisions of Section 24.2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appoiniment(s) or �rotnotion(s). I further xi that the person(s) named in Schedule "A" have been ecriified or approved by the Homan Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of DATE LAST 4 DIGITS OF SSN. XXX -XX -8453 r DATE LAST 4 DIGITS OF SSN. XXX - XX - 6179 DATE LAST 4 DIGITS OF SSN. XXX -XX -5124 DATE LAST 4 DIGITS OF SSN. XXX -XX -9704 Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) PERMANENT Open- Competitive, Promotional, Non - Competitive, Exempt (insert one) OPEN- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM linter 5tartin Salar : Startin Sala of $ 39 879 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME RICKY PEREIRA ADDRESS 285 STARIN CITY & ZIP BUFFALO, NY 14216 NAME GREGORY REUSCH ADDRESS 361 OKELL ST CITY & ZIP BUFFALO, NY 14220 NAME MICAH MILEWSKI ADDRESS 42 JUNIOR AV CITY & ZIP BUFFALO, NY 14210 NAME DANIEL. DONOVAN ADDRESS 158 ANDERSON CITY & ZIP BUFFALO, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2434 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 -17 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY 09/0412009 FIRE FIRE FIREFIGHTER MICHAEL LOMBARDO FI CO MMISSIONER 9141209 ORIGINAL + 2 COPIES TO: CITY CLERK oNlBEFORE APPOINTMENT l7ATE OTHER COPIES To: #3 COMPTROLLER #A- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- [DEPARTMENT #7- DIVISION #8 _EMPLQYEE(S1 e #4 (Rev 7.07) Certificate of Appointment r'. In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appoint €nent(s) or preniotion(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: is the Department of Division of to the Position of 09/04/2009 FIRE FIRE FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non-Competitive, Exempt (insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Starting Sala : Starting S ala of $39,879 LAST JOB TITLE NAME MATTHEW HAYES LAST DEPARTMENT DATE ADDRESS 95 CUSHING PL LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN, XXX -XX -8740 LAST JOB TITLE r NAME CONNOR MAGUIRE LAST DEPARTMENT DATE ADDRESS 205 DEPEW LAST SALARY CITY & ZIP BUFFALO, NY 14214 LAST 4 DIGITS OF SSN. XXX -XX -8174 LAST JOB TITLE NAME KEVIN CHURLEY I -AST DEPARTMENT DATE ADDRESS 79 WHITFIELD LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX-1327 LAST JOB TITLE NAME PHILIP MORGAN LAST DEPARTMENT DATE ADDRESS 97 HARDING LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -9485 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 -17 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSI DATE: 91412009 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT PATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET 46- DEPARTMENT #7- DIVISION #8- EMPLOYE_E.(S,) ,14 (Rev 7 -07) Certificate of Appointment J 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). 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 9/412009 FIRE FIRE FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Starting Salary) : Starting Salary of $39,879 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME GINO GATTI DATE ADDRESS 12 BIDWELL CITY & ZIP BUFFALO, NEW YORK 14222 LAST 4 DIGITS OF SSN. XXX -XX -6668 NAME LEONARD FIELDS DATE ADDRESS 191 RIVERSIDE CITY & ZIP BUFFALO, NEW YORK 14207 LAST 4 DIGITS OF SSN. XXX -XX -4901 NAME MARQUES MARTIN DATE. ADDRESS 97 PARKRIDGE AV CITY & ZIP BUFFALO, NEW YORK 14215 LAST 4 DIGITS OF SSN. XXX -XX -9894 NAME NICHOLAS WARTOBA DATE ADDRESS 27 ALDRICH PL CITY & ZIP BUFFALO, NEW YORK 14220 LAST 4 DIGITS OF SSN. XXX -XX -3228 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 -17 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 914 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK ONl3EFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN S ERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION 48- EMPLOYEES) U41 (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 Buffato, 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 ResoureeslCivil Service for the .Appointment Effective: in the Department of Division of to the Position of DATE Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) OPEN- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Statting Salary of ® t39,879 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY rLAST 4 DIGITS OF SSN, XXX -XX -8520 914/2009 FIRE FIRE FIREFIGHTER NAME JOHN SMITH ADDRESS 61 RILEY ST CITY & ZIP BUFFALO, NEW YORK 14209 NAME KALEN WILLIAMS DATE ADDRESS 57 THEODORE CITY & ZIP BUFFALO, NEW YORK 14211 LAST 4 DIGITS OF SSN. XXX -XX -9274 NAME JOSHUA HENDERSON DATE ADDRESS 178 BEST ST CITY & ZIP BUFFALO, NEW YORK 14209 LAST 4 DIGITS OF SSN. XXX -XX -1845 NAME RAFEAL SUAREZ DATE ADDRESS 67 COURTLAND AV CITY & ZIP BUFFALO, NEW YORK 14215 LAST 4 DIGITS OF SSN. XXX -XX -9294 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 -17 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM; NAME OF APPOINTING AUTHORITY: 71TLE OF APPOINTING, AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: MICHAEL LOMBARDO FIRE COMMISSIONER 9141200 ORIGINAL + 2 COPIES TO: CITY CLERK ONl6EFORC APPOINTMEN DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(SI P4 (Rev 7 -07) Certificate o f App ointment 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 appointromt(s) or ptornotion(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 9!412009 FIRE FIRE FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Startin Salar : Startin Sala ©f � 39 879 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LA SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME AARON TUBBINS DATE ADDRESS 374 E. UTICA CITY & ZIP BUFFALO, NEW YORK 14208 LAST 4 DIGITS OF SSN. XXX -XX -6699 NAME ANTHONY FREEMAN DATE ADDRESS 4 JEWETT PKY CITY & ZIP BUFFALO, NEW YORK 14214 LAST 4 DIGITS OF SSN. XXX -XX -5254 NAME RHIiANNON POLAKIEWICZ DATE ADDRESS 178 SHEFFIELD CITY & ZIP BUFFALO, NEW YORK 14220 LAST 4 DIGITS OF SSN. XXX -XX -8401 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX-XX -6694 NAME RONALD DUSSETT ADDRESS 111 ROOSEVELT CITY & ZIP BUFFALO, NEW YORK 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ, NO 2009 -17 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: r - - SIGNATURE OF APPOINTING AUTHORITY: ORIGINA + 2 COPIES TO: CITY CLERIC ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER. #4- HU MAN SERVICESICIVIL SERVICE #5- BUDGET #G- DEPARTMENT #7- DIVISION #8- EMPLOYEE( 94 (Rev 7 -07) Certificate ®f 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 appointtnent(s) or profnolion(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: 914/2009 in the Department of Division of to the Position of FIRE Am FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Startin Salary) : Starling Sala of $39,879 LAST JOB TITLE LAST DEPARTMENT LAST SALARY r LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME RICHARD MORALES DATE ADDRESS 181 GROTE CITY & LIP BUFFALO, NEW YORK 14207 LAST 4 DIGITS OF SSN, XXX -XX -0183 NAME SYLVESTRE ACOSTA, JR. DATE ADDRESS 21 ALTRURIA ST CITY & ZIP BUFFALO, NEW YORK 14220 LAST 4 DIGITS OF SSN. XXX -XX -7324 NAME JULIO ESQUILIN DATE ADDRESS 37 WEST AV CITY & ZIP BUFFALO, NEW YORK 14201 LAST 4 DIGITS OF SSN. XXX -XX -8737 NAME LAKISHA WILLIS DATE ADDRESS 154 VICTORIA CITY & LIP BUFFALO, NEW YORK 14214 LAST 4 DIGITS OF SSN. XXX -XX -0852 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2009 -17 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLL #4- HUMAN SERVICESICIVIL SERVIC #5- BUDGET #6- DEPARTMENT 47- DIVISION #8- E MPLOYEE(S) 1l4 (Rev 7 -07) Certificate of Appointment In compliance with provision, or Section 24 -2 of the Charter and Chapter 35 -1 of the Ord inances of' tile City of 13utJ'alo, I transnrit this ceiiilication or appoiritaajcnt(s) or promotion(s). I further certify that tine persor](s) named in Schedule "A" have been certified or approved by the Ifuninn Resources /Civil Service for the Appointment. Effective: in the Department of Division of to the Position of 918/2009 FIRE FIRE FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (inter Starting Salary) : Starting Salary of $ 39,$79 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME JEFFREY BRETT DATE ADDRESS 609 RICHMOND AV. #4 CITY & ZIP BUFFALO, NEW YORK 14222 LAST 4 DIGITS OF SSN. XXX -XX -4670 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- LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX- NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROJ, ID PERSONNEL REQ. NO 2009 -17 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 9/4/2009 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OT HER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET 96- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 94 (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 furt certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civii Service for the Appointment Effective: 9/4/2009 in the Department of Division of to the Position of �i4A F IRE FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, E=xempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Starting Sala : Startin T Sala of $ 39,879 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME MARGARET KEANE DATE ADDRESS 17 PLYMOUTH AV CITY & ZIP BUFFALO, NEW YORK 14201 LAST 4 DIGITS OF SSN, XXX -XX -9529 NAME JAKINA GRIMES DATE ADDRESS 10 HERTEL AV, APT. 904 CITY & ZIP BUFFALO, NEW YORK 14207 LAST 4 DIGITS OF SSN. XXX -XX -1247 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- NAME` DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2009 -17 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 914/2009 _ SIGNATURE OF APPOINTING AUTHORITY: --' ORIGINAL + 2 COPIES TO: CITY CLERK {QN /(BEFORE APPOIN DATE) O THER COPIES TO: #3- COMPTROLLER 94- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #B- EMPLOYEE {5) #14 (Rev 7 -07) t� Certificate of Appointment hr compliance with provisions of Section 24 -2 (W the Charter and Chapter 35 -1 of - thc Ordinatrces cif the City of Buffo-alo, 1 tratasmit this cert¢tieation of appointmen(s) or proiraotion(s). I further certify that the persons) named in Schedc € €e "A" have been certified or approved by the Fluman ResonrccslCivii Scrvice f6r the Appointment F.ffcctive: 914!2009 in the Department of FIRE Division of FIRE to the Position of LIEUTENANT Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 62 4 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY FIREFIGHTER NAME DENNIS GOOCH FIRE DATE ADDRESS 18 STONYBROOK DR CITY & ZIP LANCASTER, NY 14086 LAST 4 DIGITS OF SSN. XXX -XX -3225 FIREFIGHTER FIRE DATE LAST 4 DIGITS OF SSN. XXX -XX -0419 FIREFIGHTER FIRE DATE LAST 4 DIGITS OF SSN, XXX-XX -5785 FIREFIGHTER FIRE DATE NAME DAVID MANN ADDRESS 56 LYRAE DR CITY & ZIP GETZVILLE, NEW YORK 14068 NAME MARTIN BARRETT ADDRESS 51 MARYON DR CITY & ZIP BUFFALO, NEW YORK 14220 NAME OLLIE WILLIAMS ADDRESS 340 PRATT ST CITY & ZIP BUFFALO, NEW YORK 14204 LAST 4 DIGITS OF SSN, XXX - - 0751 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2440 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 - SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY MICHAEL LOMBARDO COMMISSIONER 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 #S- EMPLOYEE(S) #4 (Rev 7 -07) Certificate of Appointment 4� In compliance with provisions of Section 24 -2 of the Churter and Chapter 35-1 of the Ordin4mces of the {:Sty of BUflalo, 1 transmit this certification of appointment(s) or promotion(s). 1 further certify that the persoa(s) named in Schedule "A" have been certified or approved by the human Resources/Civil Service tier the Appointment Effective: 914/2009 in the Departtnent of FIRE Division of FIRE to the Position of LIEUTENANT Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM h;nter Starting Salary) : Startin Salary of $ 62, 428 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY FIREFIGHTER FIRE DATE LAST 4 DIGITS OF SSN, XXX -XX -1069 FIREFIGHTER FIRE DATE LAST 4 DIGITS OF SSN. XXX -XX -2791 FIREFIGHTER FIRE DATE NAME MATTHEW HOARE ADDRESS 37 WINDCROFT LN CITY & ZIP LANCASTER, NY 14086 NAME VINCENT MUSCARELLA ADDRESS 38 CASCADE DR CITY & ZIP AMHERST, NEW YORK 14228 NAME JOHN PIEGAY ADDRESS 43 FALCONCREST LN CITY & ZIP ORCHARD PARK, NY 14127 LAST 4 DIGITS OF SSN. XXX -XX -4209 FIREFIGHTER NAME FIRE DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -0203 MICHAEL WISNIEWSKI 36 WING ST BUFFALO, NEW YORK 14225 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2440 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 -16 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: COMMISSIONER DATE: 9 200 SIGNATURE OF APPOINTING AUTHORITY 4 ORIGINAL + 2 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE OTHER COPIES T O: #3- COMPTROLLER #4- HUM SERVICES/CIVIL SERVICE #5- BUDGET #&- DEPARTMENT #7- DIVISION #8- EMPLOYEES) 0 84 (Rev 7 -07) Certificate of Appointment � In comfflimlee with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City or Buffalo, I transmit this certification of appointment(s) of prontotiott(s). L further ecrtify that the person(s) named iil Scbedlilc "A" have becn certified or approved by the Litman Resources /Civil Sciviee for the Appointment Effective: 9!412009 in the Department of' Division of to the Position of FIRE ICI:» LIEUTENANT Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Startin r Salar : St trtin 1 Saar of $ LAST JOB TITLE FIREFIGHTER LAST DEPARTMENT FIRE DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX -8230 LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX - XX- LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- NAME MATTHEW OSINSKI ADDRESS 2317 STALEY RD CITY & ZIP GRAND ISLAND, NY 14072 NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 12132001 TITLE CODE NO 2440 BUDGET ACCT. OBJ. 411001 PROJ, ID PERSONNEL REQ. NO 2009 -15 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: MICHAEL LOMBARDO COMMISSIONER 914!2009 ORIGINAL_ + 2 COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL 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 -I of the Ordinances of the City of Buffalo, f transrnit this cer6rication ol'appointment(s) or promotion(s). f further ccrtify that the person(s) named in Schedule "A" have hec-n Bert €fled of apliroved by the HCEman RcsourceslCivil Service for tilt Appointment Effective: 914/2009 in the Department of FIRE Division of FIRE to the Position of CAPTAIN Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Starring Sa Iar : SWrtin 7 Salary of $65,597 LAST JOB TITLE LIEUTENANT NAME THOMAS REDDINGTON LAST DEPARTMENT FIRE DATE ADDRESS 50 CLARK ST LAST SALARY CITY & ZIP ORCHARD PARK, NY 14127 LAST 4 DIGITS OF SSN. XXX -XX -9378 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- 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 12132001 TITLE CODE NO 2450 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 200919 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY MICHAEL LOMBARDO FIRE COMMISSIONER 9141200 a• ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- CO MPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 114 (Rev 7 -07) Certificate of Appointment a In conipliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the Ciiy of Btjf7alo, I transmit fl6% cerlificadon 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 Jbr the Appointnient Effective: in the Dep of Division cif to the Position of 9/4/2009 FIRE FIRE BATTALION CHIEF Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Swi Salary): Startin Sala/ of $71,524 LAST JOB TITLE CAPTAIN LAST DEPARTMENT FIRE DATE LAST SALARY LAST 4 DIGITS OF SSN, XXX -XX -8623 LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- NAME MARK MORGANTI ADDRESS 100 KETTLE RUN CITY & ZIP EAST AURORA, NY 14052 NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2470 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 -20 SALARY RANGE OF POSITION FLAT PER YEAR DAY DOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE; 914120 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 96- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) N4 (Rev 7 -07) Certificate of Appointment fl. 1 In compliance with provisions o! Scction 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I farther certify that the petson(s) named in Schedule "A" have been certified or approved by the Hummi Resources /Civil Service for the Appointment Effective: in the Department of Division of to the I of 9!412009 FIRE FIRE DIVISION CHIEF Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Inter Startin Salary) : Startin Sahr of $78,703 LAST JOB TITLE BATTALION CHIEF NAME PATRICK BRITZZALARO LAST DEPARTMENT FIRE DATE ADDRESS 41 CUSHING LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14220 LAST 4 DIGITS OF SSN. XXX -XX -4186 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- 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 12132001 TITLE CODE NO 2480 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 -18 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING, AUTHORITY: FIRE COMMISSIONER DATE: 9 2 9 SIGNATURE OF APPOINTING AUTHORITY: cam` 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 Sept 15, 2009 NO 14 BUFFALO WATER SYSTEM MONTHLY WATER BOARD REPORT AUGUST 2009 COPY AVAILABLE FOR REVIEW IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE 00015 The Nfo C om mon Counc MICHAEL 1, LoCURTO DELAWARE DISTRICr COUNCIL MEWIRER 65 NIAGARA SQUARE, 1405 CITY 1 ]ALL BUFFALO, NY 1 4202 - 3 31 8 PFIONF: (716) 1351 -5155 4 FAX: (716) 851- 4553 E -mail: tnlo(- IjrloQcity- I)uffalo.com C.ule COMMUNITY DEVELOPMENT COM MMEES LEGISLATION FINANCE BU DGET LEGISLATIV AS SISTA NTS PAUL MAGNA BRADI l:Y K. HAMM September 14, 2009 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 Frank Lloyd Wright's Darwin .1). Martin House Complex Dear Mr. Chwalinski: BOARDS BURA Please file the attached item for further discussion at the next Common Council session to be held September 15, 2009. Thank you in advance for your assistance in this matter. Sincerely, MICHAEL J. LoCURTO Delaware District Councilmember R EFER � �� ' THE GWAI � � 1 ON Working for Today - Nanning for Tomovrtow I� Frank Lloyd Wright's Darwin D. Martin House Complex A. The Project: What is it? The Darwin I), Martin House Complex exemplifies Drank Lloyd Wright'-, Prairie House ideal and ranks as one of his finest residential works, Frank Lloyd Wright is arguably America's greatest architect and is an international rnagnet for tourism and scholarship. The Martin f louse Complex is it one -of -a -kind corn.position consisting of the main Martin 1 the smaller Barton House, and a carriage house with chauffeur's quarters, a gardener's cottage and a glass - roofed conservatory linked to the main house by a 00 -foot pergola. The buildings, surrounding landscape, and extensive. art glass and furnishings, all designed by Wright, are a totally integrated work of genius. As a complement to the historic structures, a visitor center, designed by Toshiko Mori Architect of New York, integrates a "garden pavilion" into the interwoven relationship of bu ildings and. landscape created by Wright. Mori's bold new proposal revives the spirit of great architectural comn- issions that characterized Buffalo in the early 1900's when Frank Lloyd Wright designed the Martin House. An orientation point for guests arriving at the carnprrs, the Greatbatch Pavilion will include flexible gathering and exhibition space, as well as appropriate visitor amenities. B. Phases, Funding and Calendar * Martin I louse Phase: I (Roof Structure and Gutter Replacement) Martin I louse Phase 11 (FOUndation and Drainage) Martin House Phase. III 1.996 -97 -- Completed /Fully Funded 2003 -04 - Completed /Fully Funded 2005 -07 - Completed /Fully Funded. (Reconstruction of Pergola, Conservatory & Carriage HOLISe) x Martin House Phase IV 2007 -08 - Completed /Fully Funded (Exterior restoration and. ADA access) Greatbatch Pavilion 2008 -09 Completed / Fully Funded (Visitor Center and Exhibition. Space) Martin House Phase V 2009 Anticipated Start - $8 million construction estimate (Upgrade of all mechanical, electrical, plurnbin.g systems, including fire monitoring/ suppression and ca.napus -wide IT systerns; Interior plaster, paint & wood restoration) "" Historic Furnishings, Art Glass and Landscape $4 million required C. Funding Summary Funds Raised to Date for Martin I louse Complex $ 42 million (This has been a unique partnership of .nearly equal private and public support..) Funds Necessgary for Completion D. Why the Martin House is Important $ 8 million The Martin House, with its national and international appeal, is widely recognized as a pivotal component of the WNY economic development initiative. It is integral to the region's focus on promoting and enhancing the cultural tourism segment of the regional economy. Public funding support is absolutely critical to the project's rnornenturn and completion. Investments will yield. major economic benefits for decades. Marketing, tourism, and continuing edueation .initiatives thrOUgh partnerships with SUNY, NYS Office of Parks, .Recreation, and historic Preservation, the Province of Ontario, the State of New York, and key local cultural organizations will ensure the vibrancy of this National l-Iistoric Landmark and future New York State Historic Site. Based upon the performance of other major Frank Lloyd Wright attractions and other comparable historic sites throughout the United States, and upon the research and conclusions of independent expert consultants (QL Consulting Inc., Lexington, MA, and Thornas J. Martin Associates, Cambridge, MA), the Martin House Complex, when completed, can be expected to attract up to 84,000 visitors annually. Based on rued- ra.ngc anticipated visitation and upon completion of restoration, the Martin house's activities will generate a total annual impact of $17.6 million in economic output, of which $8.34 million will be the earnings and wages of 198 workers. This is largely net new money to the region and to the State, which will in turn benefit state taxpayers. ' demographic ol' the "architectural tourism" client profiles a higher than average per - capita spending arnount with multiple day visits. The ripple effect upon the hospitality sector and other regional attractions from increased tourism spending will provide a healthy infusion to the regional and state economy. Already a National Historic Landmark, the restored Martin House will represent an international point of pride fear all of'New York. Visitation over the past two years is averaging approximately 20,000 guests per year, with 65% of the guests traveling from outside WNY. The visitation trends are encouraging, but until full restoration of the complex buildings is complete, the Martin House can not be marketed on a national basis to achieve its full potential. �l PETITIONS Sept 15, 2009 00016 T. Briatico, Agent, Use 194 Maple for a Parking Lot (pub brg 9122 /09)(Ell) REFERRED TO THE COMMI'T'TEE ON LEGISLATION, THE, CITY PLANNING BOARD i 1 GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk 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 tithe and place for the public hearing regarding: A)_) 6 J /I to be held in the Council Chamber, 13th Floor, City Hall On: AT 2:00 PM I am also in ornied 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. SignedI A or Owner} r = 1' 61 1 ` C Print Name s Phone 9 C ATTENTION: PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER, 851 -5086 FOR PLANNING BOARD MEETING. City of Buffalo r 5 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Repgrt Date 08/28/2009 10:56 AM A/P # 135900 Stages ......... .... ... ......... _...... Date / Time Processed 02/19/200911:48 Issued Fin Type of Work Dept of Commerce Priority Square Footage 0.00 # Plans 0 # Pages 0 Auto Reviews Bill Group Name By CARRJ Temp COO COO Expires Date / Time By Description _of W9rk _ ... .................. - - -- - - - - -- - — COMMON COUNCIL APPROVAL REQUIRED'**511 -9a " *PLANS REQUIRED' CITY WIDE SITE REVIEW REQUIRED ** "PUBLIC HEARING REQUIRED, FEE REQUIRELI * "ELLICOTT DISTRICT, COUNCILMAN DAVIS* PLACE A COMMERCIAL PARKING LOT ON 2 PARCELS ON MAPLE STREET WHICH ADJOIN A COMMERCIAL PARKING LOT AT 933 MICIGAN AVE, LOTS TO BE COMBINED, THIS PROPOSAL WOULD PROVIDE ADDITIONAL PARKING FOR ROSWELL P ARK COMPLE 194 A ND 196 MAPLE, UPDATE SUR VEY IS REQUIRED Parent A1P # Project # ProjecUPhase Name Phase # Size /Area Size Description Address 194 MAPLE BUFFALO NY 14204- Location Contact 10 AC318887 Name THEODORE HAWKINS Mailing Address 5627 NIAGARA FALLS BLVD Organization HILSIDE USM LLC City NIAGARA FALLS State/Province NY SIP /PC 14304 Country USA Day Phone (716)283 -3700 x Evening Phone Fax Mobile # No Addresses are linked to this Application No Addresses are linked to this Application 1112400002005000 [) Foreign No Parcels are linked to this Application - - -- - ... ........... Declared Valuation 1000,00 Calculated Valuation 0.00 Actual Valuation 0,00 Description _of W9rk _ ... .................. - - -- - - - - -- - — COMMON COUNCIL APPROVAL REQUIRED'**511 -9a " *PLANS REQUIRED' CITY WIDE SITE REVIEW REQUIRED ** "PUBLIC HEARING REQUIRED, FEE REQUIRELI * "ELLICOTT DISTRICT, COUNCILMAN DAVIS* PLACE A COMMERCIAL PARKING LOT ON 2 PARCELS ON MAPLE STREET WHICH ADJOIN A COMMERCIAL PARKING LOT AT 933 MICIGAN AVE, LOTS TO BE COMBINED, THIS PROPOSAL WOULD PROVIDE ADDITIONAL PARKING FOR ROSWELL P ARK COMPLE 194 A ND 196 MAPLE, UPDATE SUR VEY IS REQUIRED Parent A1P # Project # ProjecUPhase Name Phase # Size /Area Size Description Address 194 MAPLE BUFFALO NY 14204- Location Contact 10 AC318887 Name THEODORE HAWKINS Mailing Address 5627 NIAGARA FALLS BLVD Organization HILSIDE USM LLC City NIAGARA FALLS State/Province NY SIP /PC 14304 Country USA Day Phone (716)283 -3700 x Evening Phone Fax Mobile # No Addresses are linked to this Application No Addresses are linked to this Application 1112400002005000 [) Foreign No Parcels are linked to this Application City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Pax (716)851-5472 Report Bate 08/28/2009 10:56 AM Primary N Effective Name THEODORE HAWKINS Day Phone (716)283 -3700 x Pager Fax E -Mail PARKING Building Application Submitted By FLD Capacity OWNER Expire Eve Phone PIN # Mobile Address 5627 NIAGARA FALLS BLVD NIAGARA FALLS, NY 14304 USA Comments No Comments Organization Position Profession Contact ID AC318887 (:) Foreign HILSIDE USM LLC Page 2 Primary Y Capacity Type Effective Expire Contact ID TBB Name TO BE SID Phone (716)851 -4924 x Fax Address 301 CITY HALL. Comments BUFFALO, NY 14202- Nd Comments 999999 HIM AC125720 TO BE BID Check Fees l=ees Failed APPLICATION FEE ($25.00) Unpaid PERMIT FEE ($100.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 447553 ASS COMB ASSESMENT COMBINATION OF PARCL ]"complete 447548 CC APP COMMON COUNCIL APPROVAL REQ'D Incomplete 447547 CITY WIDE CITY WIDE SITE PLAN APPROVAL Incomplete 447549 PLAN REV - REVIEW REQUIRED Incomplete 447552 PPLAN - PLUMBING PLAN REVIEW REQUIRED Incomplete 447551 SEWER SEWER PLAN REVIEW REQUIRED Incomplete Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Valid License(s) HIM License Valid Check Children Status Children Successful Check Open Cases 1 Case # 168192 APPLICATION FEE U 25.00 PERMIT FEE U 100.00 Total Unpaid 125 -00 Total Paid 0.00 There are no Inspections for this Report 447553 ASS COMB 0 N 447548 CC APP 0 N 447547 CITY WINE 0 N 447549 PLAN REV 0 N 447552 PPLAN 0 N 447551 SEWER 0 N No Activity Review Details No Conditions There is no planning condition for this project. I No Records for This Search Criteria Work Done by Owner [.] Zoning Board of Appeals [� Residential (._] Work Without Permit (FINE) f Commercial No. of Spaces 32 (,....) Electrical No. of Handicap Spaces 2 Plumbing No. of Curb Cuts (EXISTING + NEM 0 Approx. Sq. Et. 55370 Debris. There are no items in this list .. ................ ......... City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851- 4949 Fax (716)851 -5472 PARKING Building Application Report Date 08/28/2009 10:56 AM Submitted By FLD Page 4 No Employee Entries No Log Entries T. Briatico, Agent, Use 203 Maple for a Parking Lot (pub hrg 9122109)(EII) REhERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD OFFICE OF THE CITY CLERK 3 GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RIC0 Deputy City Clerk Vital Statistics 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: to be held in the Council Chamber, 13th Floor, City Hall On: AT 2:00 PM I am 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 A Owner) Print Name >`Cri } iilc:.. (_ - Phone ATTENTION: NTACT SILL GRILLO PRINCIPAL PLANNER 851 -5081 FOR PLANNING BOARD MEETING. � j� ...... - - -- -... _ .._..... ...... _ ._ - ._.... Date / Time By Date / Time By Processed 0812$12009 11:11 DIGEF Temp COO 1 Issued COO Final Expires - -- - _ ........ -- . -- - -- - _ -- Valuation.. _. .. _ .._._.__ _ i Type of Work # Plans 0 Declared Valuation 30000.00 I, Dept of Commerce # Pages 0 Calculated Valuation 0.00 Pionly J' Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Nam j ...__.- _......... -_.._- - - - ........ ..._......_ .- .- ...... T - - -_ -_ . ... ..... .. ...... .................. ... ........... .... - - ._......... ___.___ - - - .._........ Descrlption_c - work.. —COMMON COUNCIL APPROVAL REQUIRED 511 -98 * PLANS REQUIRED PUBLIC HEARINGIFEE * CITY WIDE SITE PLAN APPROVAL * SURVEY REQUIRED — TO ERECT AN 1 S SP PARKING LOT ON RESIDENTIAL VACANT LAND IN AN R2 DWELLING DISTRCT Parent A/P # Project # Project/Phase Name Phase # Size /Area Size Description Address 203 MAPLE BUFFALO NY 14204- Location Contact ID AG75007 Name THEODORE HAWKINS Mailing Address 1277 NIAGARA STREET- FL 2 City BUFFALO ZIP /PC . 1421 3 -1 50 1 Day Phone (716)852 -2095 x Fax Occupant N From To Contact 1D AC1247776 Name HAWKINS THEODORE Mailing Address City 1277 NIAGARA ST ZIP /PC 14213 Day Phone Fax Occupant N From To Contact ID AC329069 Name HAWKINS THEODORE Mailing Address 1277 NIAGARA ST City BUFFALO ZIP /PC 14213 Day Phone Fax Occupant N From To Organization State /Province NY Country USA [,) Foreign Evening Phone Mobile # Owner Y From 05/2812000 Tn 0510612007 Organization State /Province BUFFALO NY Country () Foreign Evening Phone Mobile # Owner Y From 02/22/2005 To 0510612007 Organization State /Province NY Country USA [... Foreign Evening Phone Mobile # Owner Y From 0111012000 To ............................................................................ ............................... -- - City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 PARKING Building Application Report Date 08/28/2009 11:11 AM Subm By 1W LD Page 2 F ��- 'F T C915879 Name HAWKINS,THEODORE ss 1277 NIAGARA ST Organization UFFALO State/Province NY ZIP /PC 14213 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From TO Owner Y From 11/26/2001 To 05/06/2007 "�'-_, �- 3' - _r. a ,�'.�'' h r` ��.{ - -;,� r e -..s� s r �x•„��v � s -. .s- � y z�� r F` � � �_:2 No Addresses are linked to this Application E #,-,a? 3�-r r' £ r 4 %`t11 f� x s F T s S Ps -: No Add are linked to this Application [:1112400003041100 ' Ls ' R U M M f 4, ' S" r t RM NO MEN 1 E No Parcels are linked to this Application T a r ..... No Applicant Contacts TrwiTTM .+' � � ;- - .'�s - y h�.Y��z^r+� �- ''�'� '` - � � tr '�`a ��- , v. 4:�::., .`-� �_� �x�� �, �",: x � -s % °� , 5�r.�`� ✓��. "£`� � >% Capacity Type Expire B Name TO BE BID Phone (716)851 -4924 x Fax Address 301 CITY HALL Comments BUFFALO, NY 14202 - APPL TOMMA BR IATICO 85 6-9131 989999 HIM AC125720 TO BE BID Check Fees Fees Successful Check Inspections Inspections Successful Check Reviews Reviews Failed 473856 CC APP COMMON COUNCIL APPROVAL REQ'D Incomplete 473860 CITY WIDE CITY WIDE SITE PLAN APPROVAL Incomplete. 473863 CURB PLACEMENT OF NEW CURB CUTS Incomplete 473857 ELECTRICAL PLAN REVIEW REQ'D Incomplete 473859 ELECTRICAL PLAN REVIEW REQ'D Incomplete 473858 FPLAN FIRE PREVENTION PLAN REVIEWREQ Incomplete 473862 PLAN REV - REVIEW REQUIRED Incomplete 473861 PPLAN - PLUMBING PLAN REVIEW REQUIRED Incomplete Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 1 Case # 1698 �— t"��'�" Total unpaid 0.00 Total Paid 0.00 There are no Inspections for this Report 473856 CC APP 0 N 08/28/2009 11:11 473860 CITY WIDE 0 N 08128/2009 11:11 473863 CURB 0 N 081281200911:11 473859 ELECTRICAL 0 N 081281200911:11 473857 ELECTRICAL 0 N 081281200911:11 473858 FPLAN 0 N 081281200911:11 473862 PLAN REV 0 N 08128/2009 19:11 473881 PPLAN 0 N 081281200911:11 Detail 1, PRIOR REQUIRED APPROVALS Modified By DIGEF Modified Date/Time 08/28/2009 11:10 Comments No Comments PRIOR APPROVALS Bflo Arts Commission City Survey (can't) Permit Office (.....) Asbestos Abatement [� Arts Comm. Approval L] Subdivisions () Asbestos Survey ❑ Special events [_) Bond/Certified check [_) Assessment Combination City Engineering Common Council { Admin OfflcelApts R4 [..) First insurances Check [) Public Works approval j ( Curb Cuts .) [_.) Beauty Parlor R2 �_] Notar ized Permission/ for orta6le sig y ear p g y Encroachment (..) Canopy/Marquee ROW Lease showing Use [) RodentlVermin Bait encroachment Oversize Trucking (.,] Freestanding Sign [) Sewer/Water Cut] Sewer Retention (_ Plumbers' Cuts {_) Human Service Facility O Simple Demolition [] Telecommunication Street Cuts {) Portable Sign in ROW ( - ") Simple Plan Approval [_] Tree over 4" at 4' (] Restricted Use Permit Zoning /Use Check City Planning Other Thruway Sign approval Citywide Site Plan (.) Subdivisions Environmental Review Preservation Board �,] Zoning Variance {) Urban Renewal S.F.Q.R.A () . �) Preservation District N.E.P.A. (__) Contiguous Check City Survey {..) Address Permit Law Office Water Deparfinent Development (...] Insurances Check [) New Water Supply Flood Plain (...) Title Held (...) Water Retention Detail 2. PLAN REVIEWS Modified By DIGEF Modified Oatel 08/28/2009 11 A 0 CornmBnfs No Comments _ _ ..... ....... ... . .. City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4943 Fax (716)851 -5472 Report Date 08/28/2009 11:11 AM Submitted By F(-D PLAN REVIEWS Plans Review Required Revisions Required ❑ Simple Plan Review by Permit Office CI Revisions Required for Simple Plans [] One- and Two - Family Plan Review ❑ Revisions Req'd for 1- and 2- Family ❑ Multiple Dwellings Plan Review ❑ Revisions Req'd for Mull. Dwellings Building Code Review ❑ Revisions Req'd. for Bldg Code Rev. ❑ Citywide Site Plan Submission Check ❑ Revisions Req'd. for Citywide Site ❑ Sewer Code Review ❑ Revisions Required for Sewer Plans Plumbing Code Review ❑ Revisions Required for Plumbing Electrical Code Review ❑ Revisions Required for Electrical ❑ HVAC (Mechanical) Code Review ❑ Revisions Required for HVAC /Mech. ❑ Elevator Code Review ❑ Revisions Required for Elevators Fire Code Review [] Revisions Required for Fire Bureau No Conditions There is no planning condition for this project. No Records for This Search Criteria ❑ Work Done by Owner ❑ Residential ® Commercial No. of Spaces No. of Handicap Spaces NQ. of Curb Cuts (EXISTING + NEW Approx. Sq. f=t. Debris: ❑ Zoning Board of Appeals ❑ Work Without Permit (FINE) 38 Electrical 1 Plumbing D 7500 PARKING Building Application Page 4 There are no Items in this list 0001S 1. M. Glob, Agent, Use 192 Porter Ave For A Free Standing Sign (no pub hrg)(Ell) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD _1 1 �t A 3 1 NAME OF GENTDWNER ADDRESS PROJECT THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851-5086) TO .DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. �( nc- 'D � � C P � - o / ,. 0 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax {716 }851 -5472 Re port Date 09/ 02/200 9 12:24 PM AIP # 143510 Processed Issued Final Type of Work Dept of Commerce Priority Square Footage APP ROVAL Parent AIP # Project # Size /Area Date 1 Time 09/02/2009 12:22 Submitted By DAVID GRUNDY By ORUND Temp COO coo Expires SIGNS Building Application Page 1 Date I Time By _Valuation— ... . ...... __ m. # Plans 0 Declared Valuation 7000.00 # Pages 0 Calculated Valuation 0.00 Auto Reviews Bill Group FLAT Actual Valuation 0.00 0.00 Name : REQUIRED) SECTION 387 -'i9, FOR.EREEwSTANDING;SIGN NO PUBLIC HEARING REQUIRED, ^ ENGINEERING ._._. - ..� ERECT A POLE SIGN ON RIGHT OF WAY. PLANS REQUIRED. ProjectlPhase Name Size Description Address 192 PORTER BUFFALO NY 14201- Location Contact 10 AC1247847 Mailing Address city ZIPIPC 14201 Day Phone Fax Occupant N From Contact ID AC233678 Mailing Address City BUFFALO ZIP/PC 14201 Day Phone Fax Occupant N From Contact ID AC50458 Mailing Address city ZIP/PC 14201 Day Phone Fax Occupant N From Name STATE OF NEW YORK To Name STATE OF NEW YORK To Name STATE OF NEW YORK To Phase # Organization State /Province BUFFALO NY Country U Foreign Evening Phone Mobile # Owner Y From 02/22/2005 To 05/06/2007 Organization State /Province NY Country USA U Foreign Evening Phone Mobile # Owner Y From 0 6/2611 97 9 To Organization StatelProvince BUFFALO, NEW YORK Country ❑ Foreign Evening Phone Mobile # Owner Y From 05/28/2000 To 05/06/2007 City of Buffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Rep D ate 09/02/2009 12:24 PM Submitted By DAVID GRUN Page 2 Li »ice t .. No Addresses are finked to this Application No Addresses are linked to this Application LItl�Cesl #yarcels... 0998100001003000 AIF�takeet Pts ... , .. No Parcels are finked to this Application No Applicant Contacts No Contra . t=ees Star ' f�aNtst�ts - , �ntsnueik Total Unpaid 0.00 Total Paid 0.00 I��V�IIVAI�tIY�t�S : Wit# �a SteWe Ylfe� sued l#ed .� iKothpteb3ci 474469 EIA 0 Y 09102/200912:22 DUPLICATE. 474468 ENGINEER 0 N 09102/200912:22 474470 OLMSTEAD 0 N 091021200912:22 474471 PLAN REV 0 N 09/0212=3 12:22 Detail 1. PRIOR REQUIRED APPROVALS Modified By GRUND Modified Date/Time 09/02/2009 12:17 Comments No Comments City of Buffalq 65 Ni4gara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)861-6472 Report Date 09/02/2009 12:24 PM PRIOR APPROVALS Submitted By DAVID GRUNDY Bflo Arts Commission City Survey (can't) Permit Office Arts Comm_ Approval ❑ Subdivisions ❑ Asbestos Survey ❑ Special events ❑ Bond /Certified check Common Council (_1 First Insurances Check City Engineering ❑ Admin OfficelApts R4 Notarized Permission! ❑ Curb Cuts [..) Beauty Parlor R2 Lease showing Use Encroachment ❑ CanopylMarquee ROW ❑ RodenWermin Bait (.) Oversize Trucking ® Freestanding Sign [._) SewerlWater Cut [) Plumbers' Cuts ❑ Human Service Facility Simple Demolition ❑ Street Cuts [ ] Portable Sign in ROW ❑ Simple Plan Approval City Planning Restricted Use Permit ❑ Other ❑ ZoninglUse Check [_) Citywide Site Plan Preservation Board [.1 Subdivisions Environmental Review Preservation District ❑ Urban Renewal [] S.E.Q.R.A- [) N E P A ❑ Contiguous Check City Survey ❑ Address Permit Law Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Titto Held [.] Water Retention Detail 2. PLAN REVIEWS Modified By GRUND Comments No Comments PLAN REVIEWS Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review ❑ Multiple Dwellings Plan Review Building Code Review Citywide Site Plan Submission Check ❑ Sewer Code Review ❑ Plumbing Code Review ❑ Electrical Code Review ❑ HVAC (Mechanical) Code Review ❑ Elevator Code Review ❑ Fire Code Review No Conditions Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family �] Revisions Req'd for Mult. Dwellings [] Revisions Req'd. for Bldg Code Rev. Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical [] Revisions Required for HVACIMech. ❑ Revisions Required for Elevators Revisions Required for Fire Bureau ❑ Asbestos Abatement Assessment Combination ❑ Public Works approval for portable sign one year encroachment Sewer Retention ❑ Telecommunication ❑ Tree over 4" at 4' [) Thruway Sign approval Zoning Variance SIGNS Building Application Page 3 Modified Datefrime 09/02/2009 12:17 No Records for This Search Criteria -- ---- -- City of Buffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 94202 (716)851 -4949 Fax (716)851 -5472 Report Date 09/02/200912:24 PM Submitted By DAVID GRUNDY Page 4 No Employee Entries No Log Entries 3 "In �ATE VLF" fi ,Z. 61 v., CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON ) ' 00010 Appt Senior Planner (Penn)(Step 4)(Brozek)(Strat Plan) (Com #11, 911) That the above item be the same and herby is Received and Filed. ADOPTED ti Recommended by the Committee on Civil 00020 Y Appt Senior Auditor (Perm)(Third Step)(Trautman)(Compt) (Corn #17, 911) That the Permanent Appointment of Catherine Trautman, 254 Linwood Ave, Buffalo NY 14209, to the position of Senior Auditor, at the intermediate salary of $46,190 is hereby approved. PASSED AYES - 9 NOES - 0 I Recommended b the Committee on Civil Service E Recor�n y e� *AYE* NO * DAVIS * �` FONT-ANA ^ * * x * * * FRANCZYK GOLOMBEK KEARNS * '� LOCURTO RIVERA RUSSELL [------ -- - - - - -1 [MAJ- 51 9 /y * 0 [ 2/3 - 61 [3/4 - 7] 0002, Appt Junior Acct (Perm)(Second Step)(Renfroe)(Compt) (Corn V18, 9 /1) That the Permanent Appointment of Jennifer Renfro, 242 Hewitt Avenue, Buffalo NY 14215, to the position of Junior Accountant, at the intermediate salary of $34,557 is hereby approved. PASSED AYES - 9 NOES - 0 i Recommended b the Committee on Civil Service �� t y , 'J is *AYE* NO * DAMS FONT-ANA FRANCZYK GOLOMBEK _..,. .....s. I{EARNS LOCURTO ERA * '� RUSSELL [----- -- r - - -- -� [MAJ- 5] * 9 * p [ 2/3 - 6 [3/4' _ 71 00022 Appt Senior Acct (Prov)(Second Step)(Renfroe)(Compt) (Com #19, 9/ 1) That the Provisional Appointment of Jennifer Renfro, 242 Hewitt Avenue, Buffalo NY 14215, to the position of Senior Accountant, at the intermediate salary of $44,834 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service ll *AYE*NO* DAVIS FONTANA * * * FRANCZYK * �` GOLOMBEK * '� KEARNS LOCURTO RIVERA RU SSELL * '� -------- - - - - -] [MAJ- 5] 9 * 0 [213 - b] [314 - 7] 00023 / Appt Deputy Comptroller (Perm)(Max)(Fishkin)(Compt) (Com #20, 911) That the above item be the same and herby is Received and Filed. ADOPTED i Recommended by the Committee on Civil Service .� �� 00024 Appt Principal Acct (Temp)(Max)(Whitcomb)(Compt) (Cam 821, 9 /1) That the Temporary Appointment of Richard Whitcomb, 370 South Elmwood Avenue, Buffalo NY 14201, to the position of Principal Accountant, at the maximum salary of $63,493 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service " *AYE* NO * DAVIS FONTANA FRANCZYK * '� GOLOMBEK LEARNS LOCURTO RIVERA RUMELL [ MAJ - 5 ] * 9 * 0 [2/3 a 61 [3/4 A 7 00025 Appt Junior Collection Officer (Temp)(Max)(Sokolowski)(A &F) (Corn #23, 9 /1) That the Temporary Appointment of Kristie Sokolowski, 87 Mekinley Pkwy, Buffalo NY 14220, to the position of Junior Collection Officer, at the maximum salary of $33,257 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service �( ��V > I-j *AYE* NO * [ ------------- ] [MAJ- 51 [ 2/3 - 6 l [3/4- 7] DAVIS FONTANA * * * FRANCZYK GOLOMSEK * * * KEARNS * * * LOCURTO * * * RIVERA * * * RUSSELL * * * SMITH * * * * * * * 9 * p 00026 Appt Chief Pumping Plant Engineer (Perm)(lnter)(Houge Jr)( (Com #36, 9 /1) That the Permanent Appointment of Herbert E. Houge Jr., 137 Breckenridge St., Buffalo NY 14213, to the position of Chief Pumping Plant Engineer, at the Starting salary of $38,639 is hereby approved. PASSED AYES - 9 NOES - Q Recommended by the Committee on Civil Service � �1ow 1 Q0 *AYE* NO * DAVIS * * * FONTANA FRANCZYK * * * GOLOMBEK KEARNS LOCURTO * * * RIVERA * RUSSELL * * * SMITH * * * [-------- - - - - -] [MAJ- S) * 9 a [ 2/3 - 61 * �` [3/4- 7] 00027 Appt City Forester (Perm)(Inter)(Brett)(PW) (Coin #37, 911) That the Permanent Appointment of Jeffrey D. Brett, 609 Richmond Avenue Apt #4, Buffalo NY 14222, to the position of City Forester, at the Starting salary of $50,427 is hereby approved. PASSED AYES - 9 NOES - 0 Recoi nlnended by the Committee on Civil Service *AYE* NO * DAVIS * * * FONTANA * * * FRANCZYK GOLOMBEK * * * KEARNS * * * LOCURTO * * * RIVERA * * * RUSSELL SMITH * '� * * [-------- - - - - -] [MA3- 51 * 9 * 0 [ 2/3 - 6 [3/4- 7] 00028 Appt Principal Engineer (Temp)(Max)(Ghasemi)(PW) (Com 938, 911) That the Temporary Appointment of Sayed A. Ghasemi, 161 Whitehall Ave., Buffalo NY 14220, to the position of Principal Engineer at the Maximum salary of $73,252 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended b y the Committee on Civil Service�����?_ t %9) *AYE* NO * DAVIS KEARNS * * FONTANA * * * * * FRANCZYK * * RUSSELL * * * GOLOMBEK * * (-------- - - - - -] [MAJ- 51 * 9 [213 - 6] [314- 7] 17 * * * * * * * * * * KEARNS * * LOCURTO * * RIVERA * * RUSSELL SMITH * * (-------- - - - - -] [MAJ- 51 * 9 [213 - 6] [314- 7] 17 * * * * * * * * * * ®0019 i Notices of Appointments - Temp /Prov /Perin (Cty Clk) (Com #61, 9 /1) That the above item be the same and Derby is Received and Filed. ADOPTED � z i Recommended by the Committee on Civil Service FINANCE (MICHAEL P. KEARNS, CHAIRPERSON) 0€030 1 Bflo Municipal Water Finance Auth Basic Financial Statements Y/E 6/30/08 (914,9/1) That the above item be the same and herby is Received and Filed. ADOPTED Recommended by the Committee on Financ �a- 0003 `�. Bflo Water Board Basic Financial Statements Y/E 5130 /08(Compt) ( #15, 9/1) That the above item be the same and herby is Received and Filed. ADOPTED �F Recommended by the Committee on Finan ,..._ 0003` Kleinhan's Music Hall Management, Inc. Agreement (Item No. 36, C.C.P., July 21, 2009) That the Mayor be, and he hereby is authorized to execute the Agreement between the City of Buffalo and Kleinhan's Music Hall Management, Inc. for the period of July 1, 2009 through July 1, 20012, with a mutual option to extend for two (2) additional one -year periods. Passed Recommended by the Committee on TAT3:rmv t\A,V601mswor&mivl36c7 -2I cAoe iii [-------- - - - - -] [MA3- 5] [213 - 6] [314- 7] DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH *AYE* NO * * * * * * * * * * * * * * * * * * * * 0 * * * * * * * * * * * * * * * W * * * * * * * * * * * * * * * * * 0003 t Establish a City Corps Partnership btwn COB and WNY Americorps Vista (Exc l st and 2 °d Res) ( #75, 4/2 8) That the above item be the same and herby is Received and Filed. ADOPTED Recommended by the Committee on �1 COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRPERSON) 0003 Penman -Berc Req Info Re Grant Application ( #73, 911) That the above item be the same and hereby is .Received and Filed.. ADOPTED �7 + Recommended by the Committee on Community Development 0003 M. LoCurto- Homestead Inc Request Contract Extension and Modification ( #63, 7/7) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development '/i 00030 D. Alexander- Request Report Concerning BERC Involvement in One Sunset (#48, 6123) That the above item be the same and hereby is Received and filed. ADOPTED 1 Recommended by the Committee on Community Development 000 37 M. Kearns - Concerns - Grassroots Gardens Leases (##54, 6123) That the above item be the same and hereby is Received and Filed. ADOPTED f, I Recommended by the Committee on Community Development .! f 00038 City Employees Receiving; Multiple Salaries � 1 (Item No. 3, C_C.P., June 16, 2009) That this Common Council does hereby request that the following information be immediately filed with this Common Council for its review at the Common Council meeting: • Rationale for justifying the need for two (2) separate salaries for each of the positions classified as dual - employment (e.g.: for any individual employed simultaneously by the City, BURA, BERC or any agency or entity receiving; City and CDBG based funding), • The Job Specifications and/or Job Duties, minimum educational, work experience and /or other pre - requisite requirements for such positions. • Sign -In /Sign -Out sheets, leave time records andlor documents evidencing the hours worked for each employer. That this Common Council hereby directs that certified copies of this resolution be directed to the City Administration, it's Departments of Human Resources, Community Services, Corporation Counsel, and Audit and Control as well as BURA, BERC and BNRC to solicit their response and filing of the information requested therein. Adopted. 3 x Recommended by the Committee on Community Development �°'� - Chairmati TAR mw t:hvp60\m I U6- E 6c. doc � t� M. LoCurto -CDBG Monitoring Report- Sunset Bar & Grille (#38, 619) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development 00040 Homesteading Lots on Brinkman (Item No. 60, C.C.P., May 26, 2009) That the above item be, and the same Hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above- mentioned item be and the same is hereby received and filed. Adopted. Recommended by the Committee on Community Development Chairman Y t: \%vp6Olni,wordrnnv160e5- 26c.doe ©©®4: T. Herrera- M.ishler- Olmsted marks Response -Peace Bridge Exp .Project ( #21, 11/25) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Developmentl -'' -' F 1 .""3 LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON) 0004 Landmark Designation — 607 -611 Jefferson Avenue . (Item No. 54, C.C.P., Sept. 1, 2009) That after the public hearing held before the Committee on Legislation on September 8, 2009, the "607 -611 Jefferson Avenue" be designated as a local historical preservation district, pursuant to Article 111, Section 337 -7 through 8 of the Preservation Standards of the Buffalo City Code; and That this designation is made upon due consideration of the reports and for the reasons set forth in the reports of the Buffalo Preservation Board; and That the Secretary of the Preservation Board be, and hereby is directed to file a description of the historic district with the City Clerk, the Planning Board, the Director of the Division of Planning and with the Department of Public Works; and That the Petitioner is directed to file a description or trap of the property with the Erie County Clerk's Office. Passed. Recommended by the Committee on Legislation Chairman / TARrniv 1:\%vp6ffimswo €dlnnvl54c4 -1 c doc rL *AYE* NO * DAVIS * * * FONTANA * * * FRANCZYK * * * GOLOMBEK * * * KEARNS * * * LOCURTO * * * RIVERA * * * RUSSELL SMITH * * * [-------- - - - - -] [MAJ- 51 * 9 * 0 [213 - 6) [314- 7 ] 00043 R. Sasala, Petition to use 253 Allen, Expand Patio & Create 4 Parking Spaces (Item No. 76, C.C.P., Sept. 1, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombe ' o ed: hat after e publi hearing fare e Co ee o Legislat on Sept m er 8, 20 9, the pet' ion of . Sasala owner, or pe ission ad a 38' x27' out, oor �ehiq)es, atio ck to the r ar of existing bar /re aurant a cr to a n w rki g area fo1� four with green p e and a dri at 53 Allen St be, and hereby is Recommended by the Committee on Legislation L—Ch—airm TAB:rmv tAwpWmswordl:mivMe9 -1 c.doc ell pf l 1 �.j Mr. Golombek moved that the above item be recommitted to the Committee on Legislation 0004 E. Roberson, Petition to use 1242 Jefferson - Sign (Item No. 78, C.C.P., Sept. 1, 2009) That after the public bearing before the Committee on Legislation on September 8, 2009, the petition of E. Roberson, owner, for permission to erect a pole sign to the front of a tot for a church at 1242 Jefferson be, and hereby is approved. Passed. e QA Recommended by the Committee on Legislation V J Chairman TAB:rmv t: Nv[isolmswor&:rtnv\7ac9- 1 c.doc *AYE* NO * DAVIS * * * FONTANA * * * FRANCZYK * * * GOLOMSEK * * * KEARNS * * * LOCURTO * * RIVERA * * * RUSSELL * * * SMITH [----- --- -- - - -� [MAJ- 51 * 4 * 0 [2/3 - 6j [314- 7] 00045 r A. Previte, Petition to use 136 Lakeview, Create a Self -Serve Laundromat (item No. 79, C.C.P., ,Sept. 1, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on September 8, 2009, the petition of A. Previte, owner, For permission to create a self -serve Laundromat in a L story masonry commercial building with alterations to the parking lot be, and hereby is approved, Passed. Recommended by the Committee on Legislation C airman TAB:rmv t:k%vp6O 'viis -1 c.doc v11�\ , *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK * * * KEARNS * * * LOCURTO * * * RIVERA * * * RUSSELL SMITH * * * [MAJ- S] * 9 * 0 [2/3 - 6] [314- 7] 00046 T. DeJesus, Petition to use 518 Niagara a/k/a 520 Niagara — Alter Restaurant bar to Permit Live Music & Dancing (Item. No. 81, C,C,P., Sept. 1, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: p ' Th t after t e �Publ hea ' g of e the Co mit eon Legi la 'on on September , 200 , the pet io T. De sus, ner, fo ermi ion t perm li e her music an ' dancin at restaurant bar located at iagara a/k/a 52 Niagara , and ; is approved. Passe Recommended by the Committee on Legislation TAB:rmv 'l t: lcvp6 ©linswordl:rmvl81c9- 1c.doc � t;� c- o , � Az` rig i Mr. Golombek moved that the above item be recommitted to the Committee on Legislation M�s7��€1 00047 Barlow, Petition to use 1902 Niagara Street — Establish a Clothing Store (Item No. 82, C.C.P., Sept. 1, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on September 8, 2009, the petition of J. Barlow, owner, for permission to establish a clothing store at 1902 Niagara Street be, and hereby is approved. Passed. Recommended by the Committee on Legislation TAB:rmv t: wpWjnswordVrniv182c9- 1e.doe -- ----- -- ---- [MAJ- 5] [213 - 6] [314- 7� DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH *AYE* NO * * * * * * * * * * * * * * * y � T * * * * * y T T * * * * y � T * * fi fi 9 * Q * ©0048': J. Popiela, Petition to Use 404 Edison — Ground Sign w/L.E.D. Faces (Item No. 77, C.C.P., Sept. 1, 2009) That the petition of J. Popiela, agent, for permission to use 404 Edison for a ground sign with L.E.D. boards each side, to the front of a charter school be, and hereby is approved. Passed. Recommended by the Committee on Legislation TAB:rmv tAxvpWmswordl:rmv177e9 -I e. doe 3l� t�l *AYE* NO * DAVIS FONTANA * * * FRANCZYK * * GOLOMBEK KEARNS * * LOCURTO RIVERA * �` * * * RUSSELL * * * SMITH [MAJ- 51 * 9 * 0 [ 2/3 - 6 ) [3/4- 7) 00049 ,. t 3 f; B. Baumker, Petition to Use 517 Niagara Street — Pole Sign (Item No. 80, C.C.P., Sept. 1, 2009) That the petition of B. Baumker, agent, for permission to use 517 Niagar treet for a 15 /'m xim le sign hei �ht to the top f he sign and h erennia anti rs at the bad ofk ign' b and reb appr ed.' Pb d. Recommended by the Committee on Legislation TA.B:rmv tawV60\mswor&rmv\8Oc9 -1 c.doe Mr. Golombek moved that the above item be recommitted to the Committee on Legislation �s • � 00050 s J. Meileman, Agent, Use 564 Dodge St for a HSF (no pub h.rg)(Ell) ( #83, 9/1) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 0005 1 Report of Sale -- 169 Goembel (Item No. 9, C.C_P., Sept. 1, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the offer from Ms. Joyce Morrison, residing at 7536 Mill Run Road, Apartment A, Fort Wayne, Indiana 46819, in the sum of one thousand and five hundred dollars ($1,500.00) for the purchase of 169 Goembel, 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. That after the public hearing before the Committee on Legislation on September 8, 2009, the petition of J. Barlow, owner, for permission to establish. a clothing store at 1902 Niagara Street be, and hereby is approved. Passed. Recommended by the Committee on Legislation ■ t:hvp601mswordk :rmv)9c9 -1 e.doc *AYE* NO * DAVIS * * * FONTANA * * * FRANCZYK GOLOMBEK * * * KEARNS * * LOCURTO RIVERA * * RUSSELL * * * SMITH [-------- - - - - -] [ MAJ - 51 * 9 0 [ 2/3 - 6 ] [3/4- 7] OaO'2 Report of Sale — 70 Miller (Item No. I0, C.C.P., Sept. 1, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved That the offer from Mr. Loren D. Crowden, residing at 8445 North Main Street, Eden, in the sum of nine hundred dollars ($900.00) for the purchase of 70 Miller, 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 Recommended by the Committee on Legislation TAB;rmv t:N%vp601nns%vordl :nnvl1 ©c4- lc.doc "? I l° *AYE* NO * [-------- - - - - - [MAJ- 5) [2/3 - 6 [3/4- 7] DAVIS FONTANA * * * FRANCZYK GOLOMBEK * * * KEARNS LOCURTO RIVERA RUSSELL SMITH * * * * * * * 9 * p * * 00053 i p Food Store License -- 1270 Clinton ! (Item No. 40, C.C.P., Sept. 1, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: 194Nfofthe CiW Code, the Coafmissioner of/Perhait and ;ices be, OqXe herebyl s aut 6rized t grant A Food located at 1270 Clinton tl a Clinton ess. Pas Recommended by the Committee on Legislation TAB:t-rnv T_%wp601inswordlrmv140c9 -i e.doe Mr. Golombek moved that the above item be recommitted to the Committee on Legislation 00051 Food Store License — 460 Elmwood (Item No. 41, C.G.P., Sept. 1, 2009) That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Charanjit Sandhur located at 460 Elmwood d/b /a Elmwood Express Minimart Inc. Passed. Recommended by the Committee on Legislation T'AB:rmv TA c9- le.doc *AYE* NO * DAVIS * * * FONTANA * * * FRANCZYK GOLOMBEK * * * KEARNS * * * LOCURTO RIVERA * * * RUSSELL * * * SMITH * * * [MAJ- 5] * 9 * 0 [213 - 6] [3/4- 7] 0005 Wholesale .funk Dealer License — 49 Hopkins (Item No. 49, C.C.P., Sept. 1, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Wholesale Junk Dealer License to Michael Mercado d/b/a 49 Hopkins Inc. located at 49 Hopkins. .Passed. Recommended by the Committee on Legislation T.B:rinv . F:kivpS0 'answordlnnv149c9 -1 c.duc 3 � -) *AYE* NO * [3/4- 71 DAVIS FONTANA * * * FRANCZYK GOLOMBEK * * KEARNS * * * LOCURTO RIVERA RUSSELL SMITH * �` * * * [-------- - - - - -] [MA3- 5] * 9 * 0 [213 - 6] [3/4- 71 00050 S. McCarthy - Req. Handicap Parking — 595 Delaware Avenue (Item No. 66, C.C.P., July 21, 2009) (Item No. 99, C.C.P., Sept. 1, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: Tha the Co , miss over o ubli jor� , P ar s & Str ets be, and he er by is authorized t inst 11 Nandi app d Parki p esnn 595 Dela ar Aven e Wedn6sdays fro10:00 a. . ntil 3:00 i Recommended by the Committee on Legislation •rAB:nnv s t:lwp60ltitswordlmivl6Gc7 -2I c.doc Mr. Golombek moved that the above item be recommitted to the Committee on Legislation. 00057 Food Store License — 714 Walden (Item No. 38, C.C.P., July 7, 2009) (Item No. 101, C.C.P., Sept. 1, 2009 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Darwish Darwish d/b /a Danny's Convenience Store located at 714 Walden Avenue. Passed. V 1. / L i' Recommended by the Committee on Legislation TAB:rmv '1':k%vp60l nstvor&rmvl38c7 -7c. doc 3(/ *AYE* NO * [3/4- 7 ] DAVIS FONTANA FRANCZYK * * * GOLOMBEK KEARNS * * * LOCURTO * * * RIVERA RUSSELL * * * SMITH [MAJ- 51 * 9 * o [213 - 6] [3/4- 7 ] 0005 Food Store License — 2248 Main (Item No. 40, C.C,P., July 21, 2009) That the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is directed to deny the Food Store License application of Riyadh Almadrahi, located at 2248 Main Street. Adopted l � Recommended by the Committee on Legislation w. r Chairman F TAB:rmv TAwp60lmswordnnvWOc7 -2 [ c,doc 00059 Slaughterhouse License — 1285 William (Item No. 24, C,C.P., June 9, 2009) (Item No. 99, C.C.P., July 7, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and tiled. Adopted. Recommended by the Committee on Legislation TARtmv t:Itivp60! €z�swc>rciU� €3v124c(i 9adoc L�� 0WO Used Car Dealer License — 490 Seneca (Item No. 27, C.C.P., Apr, 14, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pur a t to C ap r 25 of th City C de, e CO clone of Eco mic ©eve o ent, erlrl and nsp ti s Servi es b ,and lIe ereb Is autho e o gr t a Us d Ca De er lic se a Pete �c d /bia ork "Auto a ve Re air located at s y 490 Sent Passe . Recommended by the Committee on Legislation TA,B:rmv t:1wp60�inswordlnnv127c4- I4c.doe k� Mr. Golombek moved that the above item be recommitted to the Committee on Legislation � AP RESOLUTIONS Sept 15, 2009 to BY: AUTHORIZING RESOLUTION GROUND LEASE OF SCHOOLS, GROUND SUBLEASE OF SCHOOL AND AMENDED AND RESTATED STATE AND TRUST AGREEMENT FOR PHASE IV OF BUFFALO SCHOOLS REDEVELOPNIENT PROJECT Resolution of the City of Buffalo authorizing a lease of certain educational facilities to the Erie County Industrial Development Agency and authorizing an Amended and Restated State Aid Trust Agreement to fac : hate collection and deposit of state aid to education and payment of debt service on bonds issued by said Agency to finance the renovation, reconstruction, equipping and furnishing of such facilities, determining the terms and conditions of such agreements, and other matters in connection therewith. WHEREAS, the Legislature of the State of New York, pursuant to Chapter 605 of the Laws of 2000, as amended by Chapter 59 of the Laws of 2003, and Chapter 421 of the Laws of 2004 of the State, and Chapter. 283 of the Laws of 2006 and Chapter 403 of the Laws of 2008, and Chapter 492 of the Laws of 2008, and Chapter 497 of the Laws of 2008, and Chapter 209 of the Lanus of 2009 (the "School Act ") has enacted legislation authorizing the Erie County Industrial Development Agency ( "ECIDA ") to finance, own, or lease educational facilities of the City of Buffalo (the "City') and the City School District of the City of Buffalo (the "School District ") to be renovated or reconstructed pursuant to state law; and WI the City and the School District through their duly authorized agent for such purposes, the Joint School Construction Board ( "JSCB "), have entered into arrangements with the ECIDA to finance various public school facilities and to assist in the acquisition, renovation, construction, reconstruction, improvement, equipping and furnishing of such public school facilities within the City in order to implement the comprehensive redevelopment of the City's public schools (the "Project "); and WHEREAS, the initial phase of Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues (hereafter defined) in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on October 22, 2002 (Item 143, C.C.P. October 22, 2002); and WHEREAS, the second phase of Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues (hereafter defined) in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on December 2, 2004 (Item 133, C.C.P. December 2, 2004); and WHEREAS, the third phase of Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues (hereafter defined) in cormection therewith, were approved by resolutions of the Common Council of the City of Buffalo on May 29, 2007 (Item 53, C.C.P. May 29, 2007) and January 22, 2008 (Item 87, C.C.P. January 28, 2008) and February S, 2008 (Item 89, C.C.P. February 5,2008); and WHEREAS, the fourth phase of the Project (the "Phase IV Project ") is to be located at the facilities more specifically set forth in Appendix A annexed hereto (collectively the "Facilities "), for lease to the ECIDA pursuant to a Ground Lease (Series 2009 Project) among the City, the School District and the ECIDA (the "Ground Lease "); and WHEREAS, included in the Facilities is School 84, located at 462 Crider Street, which the Common Council acknowledges is owned by the County of Erie, leased to the School District, and will be sublet to the ECIDA pursuant to a Ground Sublease (Series 2009 Project) among the School District and the ECIDA (the "Ground Sublease "); and WHEREAS; in order to finance a portion of the cost of the Phase IV Project, the ECIDA intends to issue from time to time its School Facility Revenue Bonds (City School District of the City of Buffalo Project), Series 2009 (the "ECIDA Bonds "), all pursuant to the School Act and other applicable legislation, and to secure the ECIDA Bonds with installment payments to be paid by the School District to the ECIDA pursuant to a Facilities Installment Sale Agreement (the "Facilities Agreement ") between the ECIDA and the Buffalo Board 6f Education; and WHEREAS, the School District's obligation to make such installment payments to the ECIDA will be subject to annual appropriation by the State of New York and the School District and will be payable solely from the total amount of annual aid to education paid by the State of New York (the "State ") to the School District and earnings on the investment thereof while in the custody of the Depository Bank under the Amended and Restated State Aid Trust Agreement, herein defined ( "State Aid Revenues "); and WHEREAS, pursuant to the State Education Law (1) the disbursement of State Aid Revenues is solely the prerogative and responsibility of the Board of Education so long as such revenue is spent for the educational purposes appropriated and within the limits of the appropriation, (2) the Board of Education shall make such classification of the funds under its management and control and the disbursements thereof as the Comptroller of the City (the "Comptroller ") shall require, and (3) the Board of Education shall famish such data in relation to such funds and their disbursements as the Comptroller shall require; and WHEREAS, the Comptroller periodically authorizes the issuance of City revenue anticipation notes in anticipation of the receipt of State Aid Revenues and the Comptroller is required by State law to provide for the set aside of State Aid Revenues to provide for repayment of such notes; and WHEREAS, the establishment and maintenance of a Amended and Restated State Aid Trust Agreement in respect of which the State Aid Revenues are to be deposited for periodic disbursement in the respective amounts necessary for payment of installment payments due under the Facilities Agreement and City revenue anticipation notes issued in anticipation of State Aid Revenues will facilitate the marketing and sale of the ECIDA Bonds secured by such lease payments; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO as follows: Section 1. The Common Council of the City hereby determines and makes appropriate legislative findings that the Project and the financing thereof by the ECIDA is beneficial for the residents of the City and will promote educational opportunities to the residents of the City. \5 J Section 2. In furtherance of the Project, the Common Council of the City hereby authorize the lease of the Facilities to the ECIDA and the sublease of School 84 by the District to the ECIDA. For the purposes of providing the terms and conditions applicable to the leasing of the Facilities to the ECIDA, the Ground Lease a form of which is attached hereto as Appendix B and made a part hereof with such changes as the Mayor of the City shall deem advisable, and the Ground Sublease a form of which is attached hereto as Appendix C and made a part hereof with such changes as the Mayor of the City shall deem advisable, be and the same is, hereby approved; and the Mayor of the City is hereby authorized and directed to execute, acknowledge and deliver the Ground Lease (and the Ground Sublease, if necessary) in the name of the City: the execution and delivery of the Ground Lease shall be conclusive evidence of due authorization and approval of by the Common Council of the City of the Ground Lease, and the execution and delivery of the Ground Sublease shall be conclusive evidence of due authorization and approval of by the Common Council of the City of the Ground Sublease. Section 3. In order to facilitate the payment by the School District of installment payments under the Facilities Agreement and the marketing and sale of the ECIDA Bonds, the Common Council of the City hereby authorizes the Comptroller to direct the payment of State Aid Revenues pursuant to instructions from the Comptroller and the Superintendent of the School District delivered to the New York State Comptroller to Manufacturers and Traders Trust Company, Buffalo, New York, as depository bank (the "Depository Bank "). Such State Aid Revenues will be held by the Depository Bank in a State Aid Trust Fund and will be disbursed from such fund from time to time to pay installment payments due under the Facilities Agreement. For the purposes of providing for the terms of the collection and deposit of State Aid Revenues into the State Aid Trust Fund and the investment thereof and the disbursement of amounts held therein, the Amended and Restated State Aid Trust Agreement, a form of which is attached hereto as Appendix D and made a part hereof with such changes as the Mayor of the City shall deem advisable, be and the same is, hereby approved; and the Mayor of the City is hereby authorized and directed to execute, acknowledge and deliver the Amended and Restated State Aid Trust Agreement in the name of the Common Council of the City, and the execution and delivery of the Amended and Restated State Aid Trust Agreement shall be conclusive evidence of due authorization and approval of by the Common Council of the City of the Amended and Restated State Aid Trust Agreement. Section 4. The Common Council of the City and the Board of .Education of the School District, along with their properly authorized agent, the 1SCB, are hereby authorized to proceed with the Phase IV Project and the Mayor of the City is hereby designated the authorized representative of the Common Council of the City and he is hereby authorized and directed to execute and deliver any and all papers, instruments, agreements, opinions, certifications, affidavits and other documents and to do and cause to be done any and all acts and things necessary or proper for the carrying out of this resolution and any instrument, agreements or other documents authorized hereby, and any prior actions taken to effectuate the Phase IV Project by the 7SCB are hereby ratified. Section S. No stipulation, obligation or agreement contained in this resolution, the Ground Lease, the Ground Sublease, the Amended and Restated State Aid Trust Agreement or any other documents executed by the City pursuant to the Ground Lease, the Ground Sublease, the Amended and Restated State Aid Trust Agreement or any agreement in furtherance hereof shall be deemed to be a stipulation, obligation or agreement of any member of the Common Council, officer, agent or employee of the City in his or her individual capacity and neither the members of the Common Council of the City nor any officer executing any of the agreements authorized by this Resolution shall be liable personally on such agreements or be subject to any personal liability or accountability by reason thereof. Section 6. This resolution shall take effect immediately upon approval of the Mayor of the City. PASSIED APPE`DIX A THE FACILIJUS . BPS # 3 — D'Youville Porter Campus BPS# 17 —Early Chi ldhood Center BPS # 54 — Dr. George E. Blackman School of Excellence BPS # 72 -- Lorraine Elementary BPS # 81 — School 81 BPS # 84 —Erie County Health Care Center for Children BPS # 93 — Southside Elementary BPS # 203 — Frederick Law Olmsted at Kensington BPS # 305 — McKinley High School BPS 4 197 / 306 — Math, Science & Technology College Preparatory School at Seneca High School APPENDIX B HD & W Second Draft GROUND LEASE CITY OF BUFFALO and CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO as Lessor and ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY as Lessee GROUND LEASE (SERIES 2009 PROJECT) Dated as of November 1, 2009 Property: City: Buffalo County: Erie Block & Lots: See Exhibit A Record & Return to: HAWKINS DELAFIELD & WOOD LLP One Chase Manhattan Plaza New York, New York 10005 Attention: Arthur M. Cohen, Esq. TABLE OF CONTENTS RECITALS:. I 1. GROUND LEASE FACILITIES. 3 2. TERM. 3 3. RENT. 4 4. USE OF GROUND LEASE FACILITIES. 4 5. ACCESS TO GROUND LEASE FACILITIES. 4 6. ASSIGNMENT AND SUBLETTING. 4 7. EMINENT DOMAIN. 5 8. NO TRIAL BY JURY. 5 9. (RESERVED). 5 10. QUIET ENJOYMENT. 5 11. DEFAULTS. 6 12. INDEMNIFICATION OF THE LESSEE. 6 13. WAIVERS. 8 14. LIMITATION OF LIABILITY. 8 15. FORCE MAJEURE. 9 16. NOTICE. 9 17. CERTIFICATES. 10 18. GOVERNING LAW. 10 19. PARTIAL INVALIDITY. 10 20. MEMORANDUM OF LEASE. 10 21. INTERPRETATION. 10 22. ENTIRE AGREEMENT. 11 23. PARTIES. 11 24. CONSENTS. 11 25. COUNTERPARTS. 11 26. (RESERVED). 12 27. HOLDING OVER, 12 28. COVENANTS RUNNING WITH THE LAND. 12 29. NOT A PARTNERSHIP. 12 30. MISCELLANEOUS. 12 Exhibit A Legal Description of Property Exhibit B Schedule of Plans and Specifications Exhibit C Description of Equipment Page f 3 GROUND LEASE (SERIES 2009 PROJECT) THIS GROUND LEASE (SERIES 2009 PROJECT) (this "Ground Lease ") is made as of November 1, 2009, by and between CITY OF BUFFALO, a municipal corporation of the State of New York (the "State ") having offices at 1225 City Hall, Buffalo, New York 14202 and the CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO, a municipal corporation of the State of New York (the "State ") having offices at 1225 City Hall, Buffalo, New York 14202, (collectively "Lessor "), and ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY ( "Lessee "), a corporate governmental agency constituting a body corporate and politic and a public benefit corporation of the State of New York, having offices at 275 Oak Street, Buffalo, New York 14203. RECITALS Lessor is the owner of certain real property described on Exhibit "A" attached hereto and made a part hereof (the "Property "). The New York State Industrial Development Agency Act, constituting Title 1 of Article 18 -A of the General Municipal Law, Chapter 24 of the Consolidated Laws of New York, as amended (the "Enabling Act "), authorizes and provides for the creation of industrial development agencies (such as the Lessee) in the several counties, cities, villages and towns in the State of New York and empowers such agencies, among other things, to acquire, construct, reconstruct, lease, improve, maintain, equip and furnish land, any building or other improvement, and all real and personal properties, including but not limited to machinery and equipment deemed necessary in connection therewith, whether or not now in existence or under construction, which shall be suitable for manufacturing, warehousing, research, commercial or industrial purposes and which may include or mean an industrial pollution control facility to the end that such agencies may be able to promote, develop, encourage, assist and advance the job opportunities, health, general prosperity and economic welfare of the people of the State of New York and to improve their prosperity and standard of living. Pursuant to and in accordance with the provisions of the Enabling Act, the Agency was established by Chapter 293 of the 1970 Laws of New York, as amended (together with the Enabling Act, the "Act "), for the benefit of the County of Erie (the "County ") and the inhabitants thereof. Pursuant to Chapter 605 of the Laws of 2000 of New York, as amended by Chapter 59 of the Laws of 2003 of New York, as amended by Chapter 421 of the Laws of 2004 of New York, as amended by Chapter 283 of the Laws of 2006 of New York, as amended by Chapter 403 of the Laws. of 2008 of New York, as amended by Chapter 492 of the Laws of 2008 of New York, as amended by Chapter 497 of the Laws of 2008 of New York, and as amended by Chapter 209 of the Laws of 2009 of New York (collectively the "Buffalo Schools Act ") and other applicable Iegislation, new, renovated or reconstructed educational facilities of the City of Buffalo (the "City ") have been determined to be a qualified "project" under the Act, which the Lessee may finance, own or lease. 'In Lessor desires to cause the renovation, reconstruction, equipping and furnishing of certain educational facilities in the City. Pursuant to a resolution adopted by Lessee on September 11, 2002, as amended on October 16, 2002 and on June 11, 2003, and as amended and restated on November 10, 2004, and as further amended on April 11, 2005, June 11, 2007, July 9, 2007, January 17, 2008 and October 19, 2009, it has been determined that financing assistance from Lessee is necessary to provide funds for the reconstruction, improvement and equipping of certain educational facilities as generally set forth in the plans and specifications (the "Plans and Specifications ") identified in "Exhibit B" hereto. Pursuant to a resolution adopted by the common council of the City on September 15, 2009, and a resolution adopted by the Board of Education of the Buffalo CSD on September 23, 2009, Lessor determined, consistent with the legislative findings as to beneficial interests which accrue to the residents of the City related to the promotion of educational opportunities, that this Ground Lease was proper and the proposed financing structure including this Ground Lease was duty authorized. To help facilitate the accomplishment of the Project, the Lessee has agreed to execute this Ground Lease with the Lessor whereby the Lessor is leasing to Lessee the Lessor's right, title and interest in the real property and certain fixtures and equipment described in the Description of Ground Lease. Facilities set forth in the Appendices hereto and all rights or interests therein or appertaining thereto, together with all structures, buildings, foundations, related facilities, fixtures, equipment and other improvements now or at any time made, erected or situated thereon and all replacements, improvements, extensions, substitutions, restorations, repairs or additions thereto, together with all items of machinery, equipment, furniture, furnishings and fixtures located and used therein from time to time or elsewhere located and also described in said Description of Ground Lease Facilities including "Exhibit C" hereto (the "Ground Lease Facilities"). One of the educational facilities to be reconstructed, improved and equipped as part of the Project (as defined in the Installment Sale Agreement referred to below), being the Erie County Health Center for Children 984 ( "School #84 "), is the subject of a certain Lease Agreement, dated as of June 1, 2007, between the County, as landlord, and the Buffalo CSD, as tenant (as the same has been and may be amended, the "School #84 Prime Lease "). Concurrently herewith, and pursuant to a resolution adopted by the Board of Education of the Buffalo CSD on September 23, 2009, the Buffalo CSD will sublease School #84 to the Lessee pursuant to a Ground Sublease (School #84), dated as of even date herewith, between the Buffalo CSD, as sublessor, and the Lessee, as sublessee (as the same may be amended or supplemented, the "Ground Sublease "). To carry out the purpose of the Buffalo Schools Act, the Lessee proposes to (i) finance the Project through the issuance of a series of bonds to be entitled "Erie County Industrial Development Agency School Facility Revenue Bonds (City School District of the City of Buffalo Project), Series 2009A" in the original aggregate principal amount of $ (the "Series 2009A Bonds ") pursuant to an Indenture of Trust (Series 2009A Project) dated as of even date herewith (hereinafter, as the same may be amended or supplemented, the "Series 2009 2 '.J Indenture ") between Lessee and Manufacturers and Traders Trust Company, as Trustee (the "Trustee "); (ii) undertake the Project for the benefit of the City School District of the City of Buffalo (the "Buffalo CSD "); and (iii) sell its leasehold interest under this Ground Lease in the Ground Lease Facilities, and its subleasehold interest under the Ground Sublease in the Ground Sublease Facility (as defined therein), in each case as improved by the Project, to the Buffalo CSD. The Lessee has, contemporaneously with the execution of this Ground Lease, entered into an Installment Sale Agreement (Series 2009 Project) dated as of even date herewith (hereinafter, as the same may be amended or supplemented, the "Installment Sale Agreement ") with the Buffalo CSD. Such Installment Sale Agreement shall be made subject and subordinate to this Ground Lease with respect to the Ground Lease Facilities. NOW, THEREFORE, in consideration of the mutual covenants herein contained, and intending to be legally bound, Lessor and Lessee hereby agree with each other as follows: Section 1. GROUND LEASE FACILITIES. . Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Ground Lease Facilities in their "as is," "where is" and "subject to all faults condition" upon and subject to the terms, conditions, covenants and provisions hereof. To the extent that any item of property, whether fixture, improvement or otherwise, shall be financed in whole or in part from the proceeds of the Series 2009A Bonds, such item of property shall be deemed subject to the leasehold estate of this Ground Lease, or to the subleasehold estate of the Ground Sublease, notwithstanding that such item of property is located at an educational facility not otherwise constituting part of the Ground Lease Facilities. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Ground Lease Facilities to the general public or for any public purposes whatsoever. The Lessor hereby represents and warrants to the Lessee that it has vested in the Lessee a valid and marketable leasehold estate in the Ground Lease Facilities. Section 2. TERM. The term of this Ground Lease shall begin November 2009 (hereinafter referred to as the "Commencement Date ") and shall end on May 1, 2031, provided however, that the term of this Ground Lease shall not end until the date that no Bonds (as defined in the Series 2009 Indenture) remain Outstanding and the lien of the Series 2009 Indenture has been discharged. At the end of this Ground Lease, Lessee will immediately vacate the Ground Lease Facilities and all improvements thereon will automatically revert to Lessor. In the event payment of the principal or redemption price, if applicable, of, interest and all other amounts due or to become due on all the Bonds or in respect thereof has been made, this Ground Lease shall automatically terminate. Upon a release of any Ground Lease Facility pursuant to Section 7.15 of the Installment Sale Agreement, such Ground Lease Facility shall automatically be deemed released from this Ground Lease. 3 't Section 3. RENT. As consideration for its use and occupancy under the terms of this Ground Lease, Lessee has paid Lessor in advance a rental payment of One Dollar ($1.00) upon the signing of this Ground Lease, the receipt of which is hereby acknowledged by Lessor. Section 4. USE OF GROUND LEASE FACILITIES. The Ground Lease Facilities shall be used to fulfill the purposes of the Act and the Buffalo Schools Act. The Lessee shall enter into the Installment Sale Agreement, pursuant to which the Lessee will sell its Ieasehold interest under this Ground Lease, and its subleasehold interest under the Ground Sublease, in the Facilities (as defined in the Installment Sale Agreement) to the Buffalo CSD. The Buffalo CSD may enter into one or more subleases with one or more qualified sublessees. Prior to entering into any such sublease, any qualified sublessee shall certify to the Lessee and the Lessor that it is either: (i) (A) the State, or local unit of government or education corporation in the State, (B) subleasing all or a portion of the Ground Lease Facilities so subleased in furtherance of its purpose, (C) using all of the Ground Lease Facilities so subleased consistent with the definition of "project ". within the meaning of the Buffalo Schools Act and (D) providing educational activities ( "Educational Activities ") as such term is defined in the Buffalo Schools Act or (ii) (A) a not - for - profit corporation constituting an organization described under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code ") and is exempt from federal income taxation under Section 501(a) of the Code, (B) subleasing all or a portion of the Ground Lease Facilities in furtherance of its Section 501(c)(3) purpose, (C) using the Ground Lease Facilities so subleased consistent with the definition of "project" within the meaning of the Buffalo Schools Act and (D) providing Educational Activities. Section 5. ACCESS TO GROUND LEASE FACILITIES. Lessor's agents and designees shall have the right, but not the obligation, to enter upon the Ground Lease Facilities at all reasonable times to examine the Ground Lease Facilities. Section G. ASSIGNMENT AND SUBLETTING. The Lessee may not assign to a successor lessee, nor mortgage, its leasehold interest without the consent of Lessor, which consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, any assignee of Lessee must strictly comply with all requirements of Lessee under this Ground Lease at all times. If such compliance is not clearly guaranteed prior to any requested assignment, or if any such compliance fails to occur at any time thereafter, Lessor may, in its absolute discretion, withhold or withdraw its consent to any requested assignment and any such assignment shall not be allowed to occur. Lessor acknowledges and consents to the sale of the Lessee's leasehold interest in the Ground Lease Facilities under this Ground Lease by the Lessee to the Buffalo CSD pursuant to the Installment Sale Agreement. It is the intention of the Lessee and the Lessor that the sale by the Lessee under the Installment Sale Agreement of its leasehold interest in the Ground Lease Facilities under this Ground Lease to the Buffalo CSD shall not result in (i) a merger of the leasehold estates and 4 1 n interests of the Lessor and the Lessee under this Ground Lease, (ii) a termination or any other impairment of this Ground Lease on the basis of merger or any other grounds, or (iii) the granting to the Buffalo CSD of any contractual rights of the Lessee under this Ground Lease; and until the termination of this Ground Lease in accordance with its terms or the expiration of the Installment Sale Agreement, this Ground Lease shall continue in full force and effect to the same extent as if the Lessee had not sold its leasehold interest under this Ground Lease in the Ground Lease Facilities to the Buffalo CSD pursuant to the Installment Sale Agreement. Section 7. EMINENT DOMAIN. If any lawful authority other than Lessor shall condemn and acquire title to substantially the whole of any Ground Lease Facility in or by condemnation proceedings or pursuant to any law, general, specific or otherwise, this Ground Lease may terminate as to such Ground Lease Facility but shall otherwise remain unimpaired and in effect, subject to the rights of Lessor to make claims against such lawful authority. In such event, the award or awards for such Ground Lease Facility (the "Award ") shall be distributed to Lessor. It is understood that in any such proceeding Lessee shall have no claim in, and the Buffalo CSD may make claims where applicable with respect to, (i) the moveable trade fixtures, equipment and personal property of the Buffalo CSD located on the Ground Lease Facility, (ii) any moving expenses incurred by the Buffalo CSD as a result of such taking, and (iii) any consequential damages incurred by the Buffalo CSD as a result of such taking. If only a part of a Ground Lease Facility shall be so taken or condemned, the rights of the parties with respect to the Award shall be as the parties then agree to be just and equitable under all the circumstances, the economics of operating any remaining portion of such Ground Lease Facility, the cost of restoration, and the balance of the term remaining, among other relevant considerations. Section 8. NO TRIAL BY JURY. The parties expressly waive any and all rights that they may hold to have a trial by jury with respect to any cause of action that directly or indirectly relates to the terms, covenants or conditions of this Ground Lease or the Ground Lease Facilities, or any matters whatsoever arising out of or in any way connected to this Ground Lease or the Ground Lease Facilities. The provision of this Ground Lease relating to this waiver of a jury trial and any right of re -entry or re- possession shall survive the termination or expiration of this Ground Lease. Section 9. (RESERVED). Section 110. QUIET ENJOYMENT. Lessee, upon paying the rent and additional rent and all other sums and charges to be paid by it as herein provided, and observing and keeping all covenants, warranties, agreements, terms and conditions of this Ground Lease on its part to be kept, and subject to the rights reserved to Lessor herein, shall quietly have and enjoy the Ground Lease Facilities during the terra of this Ground Lease. 5 Section 11. DEFAULTS. In the event of Lessee's failure to perform any of the terms, covenants, conditions and agreements herein contained on Lessee's part to be kept or performed and the continuance of such failure without the curing of same for a period of thirty (30) days after receipt by Lessee of notice in writing from Lessor specifying in detail the nature of such failure, and provided Lessee shall not cure said failure as provided in paragraph (b) of this Paragraph; then, Lessor shall notify the Trustee. The Trustee shall have the right to cure such default. If it cannot reasonably be cured within the time frames allowed under this Paragraph, then the Trustee shall have such additional time as it shall reasonably require, so long as it is proceeding with reasonable diligence. In the event the foregoing defaults are not cured by the Trustee or the Lessee as aforesaid, or if Lessor gives notice of a default of such a nature that it can not reasonably be cured within the allowed cure period, then such default shall not be deemed to continue so long as Lessee or the Trustee, after receiving such notice, proceeds to cure the default as soon as reasonably possible and continues to take all steps necessary to complete the same within a period of time which, under all prevailing circumstances, shall be reasonable. No default shall be deemed to continue if and so long as Lessee or the Trustee shall be so proceeding to cure the same in good faith or be delayed in or prevented from curing the same by an event specified in Paragraph 15 hereof. Notwithstanding anything to the contrary contained in this Paragraph, in the event that any default(s) of Lessee shall be cured in any manner hereinabove provided, such default(s) shall be deemed never to have occurred and Lessee's right hereunder shall continue unaffected by such default(s). Upon any default hereunder by the Lessee, the Lessor may take whatever action at law or in equity may appear necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the Lessee hereunder, provided, that, no such action shall be taken which could result in the termination of this Ground Lease. In case of such default Lessee's obligations under this Ground Lease shall continue until cured or waived. In the event of any breach by Lessee of any of the covenants, agreements, terms or conditions contained in this Ground Lease, Lessor shall be entitled to enjoin such breach and shall have the right to invoke any right and remedy allowed at law or in equity or by statute or otherwise other than any such right or remedy as may result in the termination of this Ground Lease. Section 12. INDEMNIFICATION OF THE LESSEE. The Lessor shall, to the maximum extent permitted by law, at all times protect, defend and hold the Lessee and its officers, members, directors, employees and agents (collectively, the "Indemnified Party ") harmless of, from and against any and all claims (whether in tort, contract or otherwise), demands, expenses and liabilities for losses, damage, injury and liability of every kind and nature and however caused, and taxes (of any kind and by D t whomsoever imposed), other than losses arising from the gross negligence or willful misconduct of the Indemnified Party, arising upon or about any of the Ground Lease Facilities or resulting from, arising out of, or in any way connected with (i) the financing of the costs of the Buffalo Schools Reconstruction Project (as defined in the Installment Sale Agreement) and the marketing, remarketing, issuance and sale of the Bonds from time to time for such purpose, (ii) the planning, design, acquisition, site preparation, construction, renovation, equipping, furnishing, installation or financing of the Ground Lease Facilities or any part of any thereof or the effecting of any work done in or about any of the Ground Lease Facilities, (iii) any defects (whether latent or patent) in any of the Ground Lease Facilities, (iv) the maintenance, repair, replacement, restoration, rebuilding, upkeep, use, occupancy, ownership, sale, leasing, subletting or operation of any of the Ground Lease Facilities or any portion thereof, or (v) this Ground Lease, the Ground Sublease, the Installment Sale Agreement, the Indenture or any other Project Document (as defined in the Installment Sale Agreement) or other document or instrument delivered in connection herewith or therewith or the enforcement of any of the terms or provisions hereof or thereof or the transactions contemplated hereby or thereby. Such indemnification set forth above shall be binding upon the Lessor for any and all claims, demands, expenses, liabilities and taxes set forth herein and shall survive the termination of this Ground Lease. Except as provided above, the Indemnified Party shall not be liable for any damage or injury to the person or property of the Lessor or its directors, officers, employees, agents or servants or persons under the control or supervision of the Lessor, or any other Person who may be about any of the Ground Lease Facilities, due to any act or negligence of any Person other than for the gross negligence or willful misconduct of the Indemnified Party. The Lessor releases the Indemnified Party from, and to the maximum extent permitted by law, agrees that the Indemnified Party shall not be liable for and agrees to defend, indemnify and hold the Indemnified Party harmless against any expense, loss, damage, injury or liability incurred because of any lawsuit commenced as a result of action taken by the Indemnified Party with respect to any of the matters set forth in subdivision (i) through (v) of Section 12(a) hereof or at the direction of the Lessor with respect to any of such matters above referred to. The Indemnified Party shall promptly notify the Lessor in writing of any claim or action brought against the Indemnified Party in which indemnity may be sought against the Lessor pursuant to this Section 12; such notice shall be given in sufficient time to allow the Lessor to defend or participate in such claim or action, but the failure to give such notice in sufficient time shall not constitute a defense hereunder nor in any way impair the obligations of the Lessor under this Section 12, except that if (i) the Indemnified Party shall have had knowledge or notice of such claim or action but shall not have timely notified the Lessor of any such claim or action, (ii) the Lessor shall have had no knowledge or notice of such claim or action, and (iii) the Lessor's ability to defend or participate in such claim or action is materially impaired by reason of not having received timely notice thereof from the Indemnified Party, then the Lessor's obligation to so defend and indemnify the Indemnified Party shall be qualified to the extent (and only to the extent) of such material impairment. The indemnifications and protections set forth in this Section 12 shall be extended to the Indemnified Party's members, directors, officers, employees, agents and servants and persons under its control or supervision. ',7 Anything to the contrary in this Ground Lease notwithstanding, the covenants of the Lessor contained in this Section 12 shall remain in full force and effect after the termination of this Ground Lease until the later of (i) the expiration of the period stated in the applicable statute of limitations during which a claim or cause of action may be brought and (ii) payment in full or the satisfaction of such claim or cause of action and of all expenses and charges incurred by the Indemnified Party relating to the enforcement of the provisions herein specified. For the purposes of this Section 12, neither the Lessor nor the Lessee shall be deemed an employee, agent or servant of the other party or a person under the other party's control or supervision. Section 13. WAIVERS. Failure of Lessor or Lessee to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. No waiver by Lessor or Lessee at any time, express or implied, of any breach of any provision of this Ground Lease shall be deemed a waiver of a breach of any other provision of this Ground Lease or a consent to any subsequent breach of the same or any other provision, No acceptance by Lessor of any partial payment shall constitute an accord or satisfaction but shall only be deemed a part payment on account. Section 14. LIMITATION OF LIABILITY. All covenants, stipulations, promises, agreements and obligations of the Lessor contained in this Ground Lease shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Lessor, and not of any member, director, officer, employee or agent of the Lessor in such person's individual capacity, and no recourse shall be had for any reason whatsoever hereunder against any member, director, officer, employee or agent of the Lessor or any natural person executing this Ground Lease on behalf of the Lessor. In addition, in the performance of the agreements of the Lessor herein contained, any obligation the Lessor may incur for the payment of money shall not create a debt of the State or the City and neither the State nor the City shall be liable on any obligation so incurred. With respect to the representations, warranties, covenants, obligations, promises and agreements of the Lessee contained herein (collectively the "Ground Lease Promises "), such Ground Lease Promises have been delegated to and assumed by the Buffalo CSD, pursuant to the Installment Sale Agreement. The Lessor hereby consents and agrees to such delegation and assumption and further agrees that the Lessee shall have no responsibility or liability for the performance of or any compliance with the Ground Lease Promises or for any noncompliance thereof by the Buffalo CSD or otherwise. It is agreed that the Lessee, its officers, members, employees, agents and directors shall have no personal liability hereunder, nor in their capacity as officers, members, employees, agents and directors. No provision,. covenant or agreement contained in this Ground Lease or any obligation herein imposed upon the Lessee or the breach thereof shall constitute or give rise to or impose upon the Lessee a pecuniary liability or a charge upon its general credit. The obligations and agreements of the Lessee contained herein and in any other instrument or document executed in connection therewith or herewith, and any other instrument or document supplemental thereto or hereto, shall be deemed the obligations and :.S agreements of the Lessee, and not of any member, officer, agent or employee of the Lessee in his or her individual capacity, and the members, officers, directors, agents and employees of the Lessee shall not be liable personally hereon or thereon or be subject to any personal liability or accountability based upon or in respect hereof or thereof or of any transaction contemplated hereby or thereby. The obligations and agreements of the Lessee contained herein and therein shall not constitute or give rise to an obligation of the State of New York or Erie County, New York, and neither the State of New York or Erie County, New York, shall be Iiable hereon or thereon and, further, such obligations and agreements shall not constitute or give rise to a pecuniary obligation of the Lessee. No order or decree of specific performance with respect to any of the obligations of the Lessee hereunder or thereunder shall be sought or enforced against the Lessee unless (1) the party seeking such order or decree shall first have requested the Lessee in writing to take the action sought in such order or decree of specific performance, and ten (10) days shall have elapsed from the date of receipt of such request, and the Lessee shall have refused to comply with such request (or, if compliance therewith would reasonably be expected to take longer than ten days, shall have failed to institute and diligently pursue action to cause compliance with such request within such ten day period) or failed to respond within such notice period, (2) if the Lessee refuses to comply with such request and the Lessee's refusal to comply is based on its reasonable expectation that it will incur fees and expenses, the party seeking such order or decree shall have placed in an account with the Lessee an amount or undertaking sufficient to cover such reasonable fees and expenses, and (3) if the Lessee refuses to comply with such request and the Lessee's refusal to comply is based on its reasonable expectation that it or any of its members, officers, directors, agents or employees shall be subject to potential liability, the party seeking such order or decree shall (a) agree to indemnify, defend and hold harmless the Lessee and its members, officers, directors, agents and employees against any liability incurred as a result of its compliance with such demand, and (b) if requested by the Lessee, furnish to the Lessee satisfactory security to protect the Lessee and its members, officers, directors, agents and employees against all liability expected to be incurred as result of compliance with such request. Section 15. FORCE MAJEURE. In the event that Lessor or Lessee shall be delayed, hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock -outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, the act, failure to act or default of the other party, war or other reason beyond their control, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Section 16. NOTICE. Every notice, approval, consent or other communication authorized or required by this Ground Lease shall not be effective unless the same shall be in writing and sent postage prepaid. by United ,States registered or certified mail, return receipt requested, directed to the other party at its address set forth on page I of this Ground Lease, or such other address as either party may designate by notice given from time to time in accordance with this Paragraph. Any 9 rent or additional rent, or any other payment required of Lessee hereunder, shall be paid to Lessor at the same place where a notice to Lessor is herein required to be directed. Any notice to the Trustee shall be delivered at the address specified in the Indenture. Section 17. CERTIFICATES. Each party shall, without charge, at any time and from time to time hereafter, within twenty (20) days after written request of another, certify by written instrument duly executed and acknowledged to the Trustee or any other person, firm or corporation specified in such request: (a) as to whether this Ground Lease has been supplemented or amended, and if so, the substance and manner of such supplement or amendment; (b) as to the validity and force and effect of this Ground Lease, in accordance with its tenor as then constituted; (c) as to the existence of any default thereunder; (d) as to the existence of any offsets, counterclaims or defenses thereto on the part of such other party; (e) as to the commencement and expiration dates of the term .of this Ground Lease; and (f) as to any other matters as may reasonably be so requested. Any such certificate may be relied upon by the party requesting it and any other person, firm or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on the party executing same. Section 18. GOVERNING LAW. This Ground Lease and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of New York. Section 19. MARTIAL INVALIDITY, If any term, covenant, condition or provision of this Ground Lease or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Ground Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition and provision of this Ground Lease shall be valid and be enforced to the fullest extent permitted by law. Section 20, MEMORANDUM OF LEASE. The parties hereto will record this Ground Lease or promptly execute duplicate originals of an instrument, in recordable form, which will constitute a short form memorandum of lease, setting forth a description of the Ground Lease Facilities and the term of this Ground Lease. This Ground Lease or a memorandum thereof will be recorded in the recording office of the Clerk of the County of Erie County, New York. Section 21. INTERPRETATION. Wherever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders, and vice versa, as the context shall require. The Paragraph headings used herein are for reference and convenience only, and shall not enter into the interpretation hereof This Ground Lease may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and 10 { the same instrument. The terms "Lessor" and "Lessee" whenever used herein shall mean only the owner at the time of Lessor's or Lessee's interest herein, and upon any sale or assignment of the interest of either Lessor or Lessee herein, their respective successors in interest and /or assigns shall, during the term of their ownership of their respective estates herein, be deemed to be Lessor or Lessee, as the case may be; provided that the parties understand and agree that notwithstanding the sale by the Lessee under the Installment Sale Agreement of its leasehold interest in the Ground Lease Facilities under this Ground Lease to the Buffalo CSD, the Lessee (Erie County Industrial Development Agency) has retained all of the contractual rights of the Lessee under this Ground Lease. Section 22. ENTIRE AGREEMENT. With the exception of the Installment Sale Agreement and the Ground Sublease, this Ground Lease shall completely and fully supersede all other prior understandings or agreements, both written and oral, between the Lessor and the Lessee relating to the terms hereof. Section 23. PARTIES. Except as herein otherwise expressly provided, the covenants, conditions and agreements contained in this Ground Lease shall bind and inure to the benefit of Lessor and Lessee and their respective successors and assigns. Section 24. CONSENTS. Whenever Lessor or Lessee has a right of approval or consent under any of the terms hereof, and the conditions thereto have been met, such consent shall not be unreasonably withheld or delayed. The party having the right of approval or consent shall request in writing whatever additional information it shall need to make an informed decision. The party having the right to consent shall be entitled to reimbursement for reasonable out-of-pocket expenses, including attorneys' fees, but shall not otherwise impose a charge or fee for its consent. Any disapproval shall be in writing and shall state the reasons therefor. The party may refuse its consent or approval to protect its legal rights and the economic benefit of this Ground Lease, but not for the purpose of enhancing its economic benefit in the Agreement at the expense of another party. The failure of the party having the right of consent to consent or disapprove within sixty (60) days shall be deemed an approval. Section 25. COUNTERPARTS. This Ground Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. II E 11 � Section 26. (RESERVED). Section 27. HOLDING OVER. This Ground Lease shall automatically terminate and be of no further force or effect upon the expiration of its term, and any holding over by Lessee after such expiration shall not constitute a renewal hereof or provide Lessee with any rights hereunder. Section 28. COVENANTS RUNNING WITH THE LAND. This Ground Lease and each and every covenant, agreement, condition and undertaking shall be deemed to be running with the land during the term hereof and shall be binding upon and inure to the benefit of the respective parties hereto, their legal representatives, successors or assigns. Section 29. NOT A PARTNERSHIP. Nothing in this Ground Lease shall be construed to create a partnership, joint venture, or any other relationship between Lessor and Lessee, other than that of lessor and lessee. Section 30. MISCELLANEOUS. If this Ground Lease and any other lease related to all or a part of the Ground Lease Facilities are commonly held, they shall remain separate and distinct estates. Lessor and Lessee agree that the facts and terms set forth in the Recital section of this Ground Lease are true and correct as of the date of this Ground Lease and that they are bound by all such representations. Capitalized terms used herein but not otherwise herein defined shall have the same meaning as defined in the Installment Sale Agreement. 12 D IN WITNESS WHEREOF, the parties hereto have caused this Ground Lease to be executed as of the day and year first above written. WITNESS CITY OF BUFFALO Lessor By: _ Name. Title: CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO, Lessor WITNESS By: Name: Title: President, Board of Education ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY, Lessee WITNESS By: Name: David W. Kerchoff Title. Assistant Treasurer 13 Exhibit A Legal Description of Ground Lease Facilities f, p .. Exhibit B List of Plans and Specifications for Ground Lease Facilities prepared by f 1, entitled Exhibit C E ui ment All items of machinery, equipment, furniture and fixtures utilized by the Lessor and located at a public school owned by the Lessor not otherwise constituting part of the Ground Lease Facilities and financed as part of the Project in whole or in part from the Series 2009A Bonds. MEMORANDUM OF GROUND LEASE (SERIES 2009 PROJECT) CITY OF BUFFALO AND CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO, Lessor with ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY, Lessee City: Buffalo County: Erie Block & Lots: See Exhibit A Record and Return to: HAWKINS DELAFIELD & WOOD LLP One Chase Manhattan Plaza New York, New York 10005 Attention: Arthur M. Cohen, Esq. r� c , MEMORANDUM OF GROUND LEASE DATE OF LEASE: As of November 1, 2009. LESSOR: City of Buffalo, State of New York, and City School District of the City of Buffalo with offices at 1225 City Hall, Buffalo, New York 14202, LESSEE: Erie County Industrial Development Agency, a body corporate and politic of the State of New York with offices at 275 Oak Street, Buffalo, New York 14203. DESCRIPTION OF PROPERTY: That certain real property located in the City of Buffalo, New York, as more particularly described on Exhibit "A" attached hereto and made a part hereof. TERM: The Term of the Ground Lease commences on November , 2009 and expires May 1, 2031, or such later date as set forth in said Ground Lease. There are no options to renew or options to purchase. It is contemplated that the Lessee's leasehold interest under the Ground Lease will be sold to the City School District of the City of Buffalo pursuant to an Installment Sale Agreement, dated as of November 1, 2009, between such parties. THIS INSTRUMENT is intended to be memorandum of the lease described above and has been prepared .solely for the purpose. of recording. It is not intended to set forth the terms and provisions of the lease for purpose of construing the same, reference being; made to the lease itself for that purpose. CITY OF BUFFALO, Lessor By: Name: Title: CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO, Lessor By: Name: Title: President, Board of Education ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY, Lessee By: Name: David W. Kerchoff Title: Assistant Treasurer } 9 STATE OF NEW YORK COUNTY OF } ss.. On the day of November, 2009, before me, the undersigned, personally appeared 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 (he) (she) (they) acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies) described thereon, and that by (his) (her) (their) signature(s) upon the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF ss.. On the day of November, 2009, before me, the undersigned, personally appeared , 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 (he) (she) (they) acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies) described thereon, and that by (his) (her) (their) signature(s) upon the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ) SS.. COUNTY OF ) On the day of November, 2009, before me, the undersigned, personally appeared , 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 (he) (she) (they) acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies) described thereon, and that by (his) (her) (their) signature(s) upon the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public t 1 Exhibit A LEGAL DESCRIPTION OF GROUND LEASE FACILITIES [To be inserted] APPUNDIX C GROUND SUBLEASE HD &W Third Draft CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO as Lessor and ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY as Lessee GROUND SUBLEASE (SERIES 2009 PROJECT) Dated as of November 1, 2009 Property City: Buffalo County: Erie Block & Lots: See Exhibit A Record & Return to: HAWKINS DELAFIELD & WOOD LLP One Chase Manhattan Plaza New York, New York 10005 Attention: Arthur M. Cohen, Esq. l TABLE OF CONTENTS RECITALS:. I 1. GROUND SUBLEASE FACILITY. 3 2, TERM. 3 3. RENT, 3 4, USE OF GROUND SUBLEASE FACILITY. 4 5. ACCESS TO GROUND SUBLEASE FACILITY. 4 6. ASSIGNMENT AND SUBLETTING. 4 7. EMINENT DOMAIN. 5 8. NO TRIAL BY JURY. 5 9. (RESERVED). 5 10, QUIET ENJOYMENT. 5 11. DEFAULTS. 5 12. INDEMNIFICATION OF THE LESSEE. 6. 13. WAIVERS. 8 14. LIMITATION OF LIABILITY. 8 15. FORCE MAJEURE. 9 16. NOTICE. 9 17. CERTIFICATES, 10 18, GOVERNING LAW. 10 19. PARTIAL INVALIDITY. 10 20, MEMORANDUM OF LEASE. 10 21. INTERPRETATION. 10 22. ENTIRE AGREEMENT. 11 23, PARTIES. 11 24. CONSENTS. 11 25, COUNTERPARTS. 11 26. (RESERVED). I 27. HOLDING OVER. 11 28. COVENANTS RUNNING WITH THE LAND. 12 29. NOT A PARTNERSHIP. 12 30, MISCELLANEOUS. 12 Exhibit A Legal Description of Property Exhibit B Schedule of Plans and Specifications Exhibit C Description of Equipment Page GROUND SUBLEASE _ ASE„ (SERIES 2009 PROJECT) i_ _ THIS GROUND SUBLEASE (SERIES 2009 PROJECT) (this "Ground Sublease ") is made as of November 1, 2009, by and between the CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO ( "Lessor "), a municipal corporation of the State of New York (the "State ") having offices at 1225 City Hall, Buffalo, New York 14202, and ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY ( "Lessee "), a corporate governmental agency constituting a body corporate and politic and a public benefit corporation of the State of New York, having offices at 275 Oak Street, Buffalo, New York 14203. RECITALS The New York State Industrial Development Agency Act, constituting Title I of Article 18 -A of the General Municipal Law, Chapter 24 of the Consolidated Laws of New York, as amended (the "Enabling Act "), authorizes and provides for the creation of industrial development agencies (such as the Lessee) in the several counties, cities, villages and towns in the State of New York and empowers such agencies, among other things, to acquire, construct, reconstruct, lease, improve, maintain, equip and furnish land, any building or other improvement, and aII real and personal properties, including but not limited to machinery ) and equipment deemed necessary in connection therewith, whether or not now in existence or under construction, which shall be suitable for manufacturing, warehousing, research, commercial or industrial purposes and which may include or mean an industrial pollution control facility to the end that such agencies may be able to promote, develop, encourage, assist and advance the job opportunities, health, general prosperity and economic welfare of the people of the State of New York and to improve their prosperity and standard of living. Pursuant to and in accordance with the provisions of the Enabling Act, the Agency was established by Chapter 293 of the 1970 Laws of New York, as amended (together with the Enabling Act, the "Act "), for the benefit of the County of Erie (the "County ") and the inhabitants thereof. Pursuant to Chapter 605 of the Laws of 2000 of New York, as amended by Chapter 59 of the Laws of 2003 of New York, as amended by Chapter 421 of the Laws of 2004 of New York, as amended by Chapter 283 of the Laws of 2006 of New York, as amended by Chapter 403 of the Laws of 2008 of New York, as amended by Chapter 492 of the Laws of 2008 of New York, as amended by Chapter 497 of the Laws of 2008 of New York, and as amended by Chapter 209 of the Laws of 2009 of New York (collectively the "Buffalo Schools Act ") and other applicable legislation, new, renovated or reconstructed educational facilities of the City of Buffalo (the "City ") have been determined to be a qualified "project" under the Act, which the Lessee may finance, own or lease. Lessor desires to cause the renovation, reconstruction, equipping and furnishing of certain educational facilities in the City. Pursuant to a resolution adopted by Lessee on September 11, 2002, as amended on October 16, 2002 and on June 11, 2003, and as amended and restated on November 10, 2004, and as further amended on April 11, 2005, June 11, 2007, July 9, 2007, January 17, 2008 and v 1 October 19, 2009, it has been determined that financing assistance from Lessee is necessary to provide funds for the reconstruction, improvement and equipping of a certain educational facility as generally set forth in the plans and specifications (the "Plans and Specifications ") identified in "Exhibit B" hereto. Pursuant to a resolution adopted by the common council of the City on September 15, 2009, and a resolution adopted by the Board of Education of the Lessor on September 23, 2009, Lessor determined, consistent with the legislative findings as to beneficial interests which accrue to the residents of the City related to the promotion of educational opportunities, that this Ground Sublease was proper and the proposed financing structure including this Ground Sublease was duly authorized. To help facilitate the accomplishment of the Project, the Lessee has agreed to execute this Ground Sublease with the Lessor whereby the Lessor is subleasing to Lessee the Lessor's right, title and interest in the real property and certain fixtures and equipment described in the Description of Ground Sublease Facility set forth in Exhibit "A" attached hereto and made a part hereof hereto and all rights or interests therein or appertaining_ thereto, together with all structures, buildings, foundations, related facilities, fixtures, equipment and other improvements now or at any time made, erected or situated thereon and all replacements, improvements, extensions, substitutions, restorations, repairs or additions thereto, together with all items of machinery, equipment, furniture, furnishings and fixtures located and used therein from time to time and also described in said Description of Ground Sublease Facility (the "Ground Sublease Facility "). One of the educational facilities to be reconstructed, improved and equipped as part of the Project (as defined in the Installment Sale Agreement referred to below), being the Erie County Health Center for Children #84 ( "SchooI #84 ") is the subject of a certain Lease Agreement, dated as of .tune 1, 2007, between the County, as landlord, and the Lessor, as tenant (as the same has been and may be amended, the "School #84 Prime Lease "). Concurrently herewith, and pursuant to a resolution adopted by the Board of Education of the Lessor on September 23, 2009, the Lessor will lease certain other educational facilities to the Lessee pursuant to a Ground Lease (Series 2009 Project), dated as of even date herewith, between the City and Lessor, as landlord, and the Lessee, as tenant (as the same may be amended or supplemented, the "Ground Lease "). To carry out the purpose of the Buffalo Schools Act, the Lessee proposes to (i) finance the Project through the issuance of a series of bonds to be entitled "Erie County Industrial Development Agency School Facility Revenue Bonds (City School District of the City of Buffalo Project), Series 2009A" in the original aggregate principal amount of $ (the "Series 2009A Bonds ") pursuant to an Indenture of Trust (Series 2009A Project) dated as of even date herewith (hereinafter, as the same may be amended or supplemented, the "Series 2009 Indenture ") between Lessee and Manufacturers and Traders Trust Company, as Trustee (the "Trustee "); (ii) undertake the Project for the benefit of the Lessor; and (iii) sell its subleasehold interest under this Ground Sublease in the Ground Sublease Facility, and its leasehold interest under the Ground Lease in the Ground Lease Facilities (as defined therein), in each case as improved by the Project, to the Lessor. 2 The Lessee has, contemporaneously with the execution of this Ground Sublease, entered into an Installment Sale Agreement (Series 2009 Project) dated as of even date herewith (hereinafter, as the same may be amended or supplemented, the "Installment Sale Agreement ") with Lessor. Such Installment Sale Agreement shall be made subject and subordinate to this Ground Sublease and the School #84 Prime Lease with respect to this Ground Sublease and the Ground Sublease Facility: NOW, THEREFORE, in consideration of the mutual covenants herein contained, and intending to be legally bound, Lessor and Lessee hereby agree with each other as follows: Section 1. GROUND SUBLEASE FACILITY. Lessor hereby subleases to Lessee, and Lessee hereby subleases from Lessor, the Ground Sublease Facility in its "as is," "where is" and "subject to all faults condition" upon and subject to the terms, conditions, covenants and provisions hereof. To the extent that any item of property, whether fixture, improvement or otherwise, shall be financed in whole or in part from the proceeds of the Series 2009A Bonds, such item of property shall be deemed subject to the subleasehold estate of this Ground Sublease or to the leasehold estate of the Ground Lease, notwithstanding that such item of property is located at an educational facility not otherwise constituting part of the Ground Sublease Facility. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Ground Sublease Facility to the general public or for any public purposes whatsoever. The Lessor hereby represents and warrants to the Lessee that it has vested in the Lessee a valid and marketable subleasehold estate in the Ground Sublease Facility. Section 2. TERM. The term of this Ground Sublease shall begin November_, 2009 (hereinafter referred to as the "Commencement Date ") and shall end on May 1, 2031, provided however, that, except as expressly provided in this Ground Sublease, the term of this Ground Sublease shall not end until the date that no Bonds (as defined in the Series 2009 Indenture) remain Outstanding and the lien of the Series 2009 Indenture has been discharged. At the end of this Ground Sublease, Lessee will immediately vacate the Ground Sublease Facility and all improvements thereon will automatically revert to Lessor. In the event payment of the principal or redemption price, if applicable, of, interest and all other amounts due or to become due on all the Bonds or in respect thereof has been made, this Ground Sublease shall automatically terminate. Upon a release of the Ground Sublease Facility pursuant to Section 7.15 of the Installment Sale Agreement, the Ground Sublease Facility shall automatically be deemed released from this Ground Sublease and the term of this Ground Sublease shall end. Section 3. RENT. As consideration for its use and occupancy under the terms of this Ground Sublease, Lessee has paid Lessor in advance a rental payment of One Dollar ($1.00) upon the signing of this Ground Sublease, the receipt of which is hereby acknowledged by Lessor. 3 Section 4. USE OF GROUND SUBLEASE FACILITY. The Ground Sublease Facility shall be used to fulfill the purposes of the Act and the Buffalo Schools Act. The Lessee shall enter into the Installment Sale Agreement, pursuant to which the Lessee will sell its subleasehold interest under this Ground Sublease, and its leasehold interest under the Ground Lease, in the Facilities (as defined in the Installment Sale Agreement) to Lessor. Lessor may enter into one or more sub - subleases with one or more qualified sub - sublessees. Prior to entering into any such sub - sublease, any qualified sub - sublessee shall certify to the Lessee and the Lessor that it is either: (i) (A) the State, or local unit of government or education corporation in the State, (B) sub - subleasing all or a portion of the Ground Sublease Facility so sub - subleased in furtherance of its purpose, (C) using all of the Ground Sublease Facility so sub- subleased consistent with the definition of "project" within the meaning of the Buffalo Schools Act and (D) providing educational activities ( "Educational Activities ") as such term is defined in the Buffalo Schools Act or (ii) (A) a not - for -profit corporation constituting an organization described under Section 501(c)(3) of the Internal Revenue Code of 1956, as amended (the "Code ") and is exempt from federal income taxation under Section 501(a) of the Code, (B) sub - subleasing all or a portion of the Ground Sublease Facility in furtherance of its Section 501(c)(3) purpose, (C) using the Ground Sublease Facility so sub - subleased consistent with the definition of "project" within the meaning of the Buffalo Schools Act and (D) providing Educational Activities. Section S. ACCESS TO GROUND SUBLEASE FACILITY. Lessor's agents and designees shall have the right, but not the obligation, to enter upon the Ground Sublease Facility at all reasonable times to examine the Ground. Sublease Facility. Section 6. ASSIGNMENT AND SUBLETTING. The Lessee may not assign to a successor lessee, nor mortgage, its subleasehold interest without the consent of Lessor, which consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, any assignee of Lessee must strictly comply with all requirements of Lessee under this Ground Sublease at all times. If such compliance is not clearly guaranteed prior to any requested assignment, or if any such compliance fails to occur at any time thereafter, Lessor may, in its absolute discretion, withhold or withdraw its consent to any requested assignment and any such assignment shall not be allowed to occur. Lessor acknowledges and consents to the sale of the Lessee's subleasehold interest in the Ground Sublease Facility under this Ground Sublease by the Lessee to Lessor pursuant to the Installment Sale Agreement. It is the intention of the Lessee and the Lessor that the sale by the Lessee under the Installment Sale Agreement of its subleasehold interest in the Ground Sublease Facility under this Ground Sublease to Lessor shall not result in (i) a merger of the subleasehold estates and interests of the Lessor and the Lessee under this Ground Sublease, (ii) a termination or any other impairment of this Ground Sublease on the basis of merger or any other grounds, or (iii) the granting to Lessor of any contractual rights of the Lessee under this Ground Sublease; and until the termination of this Ground Sublease in accordance with its terms or the expiration of the 4 Installment Sale Agreement, this Ground Sublease shall continue in full force and effect to the same extent as if the Lessee had not sold its subleasehold interest under this Ground Sublease in the Ground Sublease Facility to Lessor pursuant to the Installment Sale Agreement. Section 7. EMINENT DOMAIN, If any lawful authority shall condemn and acquire title to substantially the whole of the Ground Sublease Facility in or by condemnation proceedings or pursuant to any law, general, specific or otherwise, this Ground Sublease shall terminate, subject to the rights of Lessor to make claims against such lawful authority. In such event, the award or awards for the Ground Sublease Facility (the "Award ") shall be distributed to Lessor. It is understood that in any such proceeding Lessee shall have no claim in, and Lessor may make claims where applicable with respect to, (i) the moveable trade fixtures, equipment and personal property of Lessor located on the Ground Sublease Facility, (ii) any moving expenses incurred by Lessor as a result of such taking, and (iii) any consequential damages incurred by Lessor as a result of such taking. If only apart of the Ground Sublease Facility shall be so taken or condemned, the rights of the parties with respect to the Award shall be as the parties then agree to be just and equitable .under all the circumstances, the economics of operating any remaining portion of the Ground Sublease Facility, the cost of restoration, and the balance of the term remaining, among other relevant considerations. Section S. NO TRIAL BY JURY. The parties expressly waive any and all rights that they may hold to have a trial by jury with respect to any cause of action that directly or indirectly relates to the terms, covenants or conditions of this Ground Sublease or the Ground Sublease Facility, or any matters whatsoever arising out of or in any way connected to this Ground Sublease or the Ground Sublease Facility. The provision of this Ground Sublease relating to this waiver of a jury trial and any right of re -entry or re- possession shall survive the termination or expiration of this Ground Sublease. Section 9. (RESERVED). Section 10. QUIET ENJOYMENT. Lessee, upon paying the rent and additional rent and all other sums and charges to be paid by it as herein provided, and observing and keeping all covenants, warranties, agreements, terms and conditions of this Ground Sublease on its part to be kept, and subject to the rights reserved to Lessor herein, shall quietly have and enjoy the Ground Sublease Facility during the term of this Ground Sublease. Section 11. DEFAULTS. In the event of Lessee's failure to perform any of the terms, covenants, conditions and agreements herein contained on Lessee's part to be kept or performed and the continuance of such failure without the curing of same for a period of thirty (30) days after receipt by Lessee of notice in writing from Lessor specifying in detail the nature of such failure, and provided Lessee shall not cure said failure as provided in paragraph (b) of this Paragraph; then, Lessor shall notify the Trustee. The Trustee shall have the right to cure such default. If it cannot reasonably be cured within the time frames allowed under this Paragraph, then the Trustee shall have such additional time as it shall reasonably require, so long as it is proceeding with reasonable diligence. In the event the foregoing defaults are not cured by the Trustee or the Lessee as aforesaid, or if Lessor gives notice of a default of such a nature that it can not reasonably be cured within the allowed cure period, then such default shall not be deemed to continue so long as Lessee or the Trustee, after receiving such notice, proceeds to cure the default as soon as reasonably possible and continues to take all steps necessary to complete the same within a period of time which, under all prevailing circumstances, shall be reasonable. No default shall be deemed to continue if and so long as Lessee or the Trustee shall be so proceeding to cure the same in good faith or be delayed in or prevented from curing the same by an event specified in Paragraph 15 hereof. Notwithstanding anything to the contrary contained in this Paragraph, in the event that any default(s) of Lessee shall be cured in any manner hereinabove provided, such default(s) shall be deemed never to have occurred and Lessee's right hereunder shall continue unaffected by such default(s). Upon any default hereunder by the Lessee, the Lessor may take whatever action at law or in equity may appear necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the Lessee hereunder, provided, that, no such action shall be taken which could result in the termination of this Ground Sublease. In case of such default Lessee's obligations under this Ground Sublease shall continue until cured or waived. In the event of any breach by Lessee of any of the covenants, agreements, terms or conditions contained in this Ground Sublease, Lessor shall be entitled to enjoin such breach and shall have the right to invoke any right and remedy allowed at law or in equity or by statute or otherwise other than any such right or remedy as may result in the termination of this Ground Sublease. ,Section 12. INDEMNIFICATION OF THE LESSEE. The Lessor shall, to the maximum extent permitted by law, at all times protect, defend and hold the Lessee and its officers, members, directors, employees and agents (collectively, the "Indemnified Party ") harmless of, from and against any and all claims (whether in tort, contract or otherwise), demands, expenses and liabilities for losses, damage, injury and liability of every kind and nature and however caused, and taxes (of any kind and by whomsoever imposed), other than losses arising from the gross negligence or willful misconduct of the Indemnified Party, arising upon or about the Ground Sublease Facility or resulting from, arising out of, or in any way connected with (i) the financing of the costs of the Buffalo Schools Reconstruction Project (as defined in the Installment Sale Agreement) and the marketing, 6 j � remarketing, issuance and sale of the Bonds from time to time for such purpose, (ii) the planning, design, acquisition, site preparation, construction, renovation, equipping, furnishing, installation or financing of the Ground Sublease Facility or any part thereof or the effecting of any work done in or about the Ground Sublease Facility, (iii) any defects (whether latent or patent) in the Ground Sublease Facility, (iv) the maintenance, repair, replacement, restoration, rebuilding, upkeep, use, occupancy, ownership, sale, leasing, subletting or operation of the Ground Sublease Facility or any portion thereof, or (v) this Ground Sublease, the Ground Lease, the Installment Sale Agreement, the Indenture or any other Project Document (as defined in the Installment Sale Agreement) or other document or instrument delivered in connection herewith or therewith or the enforcement of any of the terms or provisions hereof or thereof or the transactions contemplated hereby or thereby. Such indemnification set forth above shall be binding upon the Lessor for any and all claims, demands, expenses, liabilities and taxes set forth herein and shall survive the termination of this Ground Sublease. Except as provided above, the Indemnified Party shall not be liable for any damage or injury to the person or property of the Lessor or its directors, officers, employees, agents or servants or persons under the control or supervision of the Lessor, or any other Person who may be about the Ground Sublease Facility, due to any act or negligence of any Person other than for the gross negligence or willful misconduct of the Indemnified Party. The Lessor releases the Indemnified Party from, and to the maximum extent permitted by law, agrees that the Indemnified Party shall not be liable for and agrees to defend, indemnify and hold the Indemnified Party harmless against any expense, loss, damage, injury or liability incurred because of any lawsuit commenced as a result of action taken by the Indemnified Party with respect to any of the matters set forth in subdivision (i) through (v) of Section 12(a) hereof or at the direction of the Lessor with respect to any of such matters above referred to. The Indemnified Party shall promptly notify the Lessor in writing of any claim or action brought against the Indemnified Party in which indemnity may be sought against the Lessor pursuant to this Section 12; such notice shall be given in sufficient time to allow the Lessor to defend or participate in such claim or action, but the failure to give such notice in sufficient time shall not constitute a defense hereunder nor in any way impair the obligations of the Lessor under this Section I2, except that if (i) the Indemnified Party shall have had knowledge or notice of such claim or action but shall not have timely notified the Lessor of any such claim or action, (ii) the Lessor shall have had no knowledge or notice of such claim or action, and (iii) the Lessor's ability to defend or participate in such claim or action is materially impaired by reason of not having received timely notice thereof from the Indemnified Party, then the Lessor's obligation to so defend and indemnify the Indemnified Party shall be qualified to the extent (and only to the extent) of such material impairment. The indemnifications and protections set forth in this Section 12 shall be extended to the Indemnified Party's members, directors, officers, employees, agents and servants and persons under its control or supervision. Anything to the contrary in this Ground Sublease notwithstanding, the covenants of the Lessor contained in this Section 12 shall remain in full force and effect after the termination of this Ground Sublease until the later of (i) the expiration of the period stated in the applicable statute of limitations during which a claim or cause of action may be brought and (ii) payment in full or the satisfaction of such claim or cause of action and of all expenses and 7 charges incurred by the Indemnified Party relating to the enforcement of the provisions herein specified. For the purposes of this Section 12. neither the Lessor nor the Lessee shall be deemed an employee, agent or servant of the other party or a person under the other party's control or supervision. Section 13. WAIVERS. Failure of Lessor or Lessee to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. No waiver by Lessor or Lessee at any tune, express or implied, of any breach of any provision of this Ground Sublease shall be deemed a waiver of a breach of any other provision of this Ground Sublease or a consent to any subsequent breach of the same or any other provision. No acceptance by Lessor of any partial payment shall constitute an accord or satisfaction but shall only be deemed a part payment on account. Section 14. LIMITATION OF LIABILITY. All covenants, stipulations, promises, agreements and obligations of the Lessor contained in this Ground Sublease shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Lessor, and not of any member, director, officer, employee or agent of the Lessor in such person's individual capacity, and no recourse shall be had for any reason whatsoever hereunder against any member, director, officer, employee or agent of the Lessor or any natural person executing this Ground Sublease on behalf of the Lessor. In addition, in the performance of the agreements of the Lessor herein contained, any obligation the Lessor may incur for the payment of money shall not create a debt of the State or the City and neither the State nor the City shall be liable on any obligation so incurred. With respect to the representations, warranties, covenants, obligations, promises and agreements of the Lessee contained herein (collectively the "Ground Sublease Promises "), such Ground Sublease Promises have been delegated to and assumed by the Buffalo CSD, pursuant to the Installment Sale Agreement. The Lessor hereby consents and agrees to such delegation and assumption and further agrees that the Lessee shall have no responsibility or liability for the performance of or any compliance with the Ground Sublease Promises or for any noncompliance thereof by the Lessor or otherwise. It is agreed that the Lessee, its officers, members, employees, agents and directors shall have no personal liability hereunder, nor in their capacity as officers, members, employees, agents and directors. No provision, covenant or agreement contained in this Ground Sublease or any obligation herein imposed upon the Lessee or the breach thereof shall constitute or give rise to or impose upon the Lessee a pecuniary liability or a charge upon its general credit. The obligations and agreements of the Lessee contained herein and in any other instrument or document executed in connection therewith or herewith, and any other instrument or document supplemental thereto or hereto, shall be deemed the obligations and agreements of the Lessee, and not of any member, officer, agent or employee of the Lessee in his or her individual capacity, and the members, officers, directors, agents and employees of the Lessee shall not be liable personally hereon or thereon or be subject to any personal liability or accountability based upon or in respect hereof or thereof or of any transaction contemplated hereby or thereby. The obligations and agreements of the Lessee contained herein and therein shall not constitute or give rise to an obligation of the State of New York or Erie County, New York, and neither the State of New York or Erie County, New York, shall be liable hereon or thereon and, further, such obligations and agreements shall not constitute or give rise to a pecuniary obligation of the Lessee. No order or decree of specific performance with respect to any of the obligations of the Lessee hereunder or thereunder shall be sought or enforced against the Lessee unless (1) the party seeking such order or decree shall first have requested the Lessee in writing to take the action sought in such order or decree of specific performance, and ten (14) days shall have elapsed from the date of receipt of such request, and the Lessee shall have refused to comply with such request (or, if compliance therewith would reasonably be expected to take longer than ten days, shall have failed to institute and diligently pursue action to cause compliance with such request within such ten day period) or failed to respond within such notice period, (2) if the Lessee refuses to comply with such request and the Lessee's refusal to comply is based on its reasonable expectation that it will incur fees and expenses, the party seeking such order or decree shall have placed in an account with the Lessee an amount. or undertaking sufficient to cover such reasonable fees and expenses, and (3) if the Lessee refuses to comply with such request and the Lessee's refusal to comply is based on its reasonable expectation that it or any of its members, officers, directors, agents or employees shall be subject to potential liability, the party seeking such order or decree shall (a) agree to indemnify, defend and hold harmless the Lessee and its members, officers, directors, agents and employees against any liability incurred as a result of its compliance with such demand, and (b) if requested by the Lessee, furnish to the Lessee satisfactory security to protect the Lessee and its members, officers, directors, agents and employees against all liability expected to be incurred as result of compliance with such request. Section 15. FORCE MAJEURE. In the event that Lessor or Lessee shall be delayed, hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock -outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, the act, failure to act or default of the other party, war or other reason beyond their control, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Section 16. NOTICE. Every notice, approval, consent or other communication authorized or required by this Ground Sublease shall not be effective unless the same shall be in writing and sent postage prepaid by United States registered or certified snail, return receipt requested, directed to the other party at its address set forth on page I of this Ground Sublease, or such other address as either party may designate by notice given from time to time in accordance with this Paragraph. Any rent or additional rent, or any other payment required of Lessee hereunder, shall be paid to Lessor at the same place where a notice to Lessor is herein required to be directed. Any notice to the Trustee shall be delivered at the address specified in the Indenture. s1 Section 17. CERTIFICATES. Each .party shall, without charge, at any time and from time to time hereafter, within twenty (20) days after written request of another, certify by written instrument duly executed and acknowledged to the Trustee or any other person, firm or corporation specified in such request: (a) as to whether this Ground Sublease has been supplemented or amended, and if so, the substance and manner of such supplement or amendment; (b) as to the validity and force and effect of this Ground Sublease, in accordance with its tenor as then constituted; (c) as to the existence of any default thereunder; (d) as to the existence of any offsets, counterclaims or defenses thereto on the part of such other party; (e) as to the commencement and expiration dates of the term of this Ground Sublease; and (f) as to any other matters as may reasonably be so requested. Any such certificate may be relied upon by the party requesting it and any other person, firm or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on the party executing same. Section 18. GOVERNING LAW. This Ground Sublease and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of New York. Section 19. PARTIAL INVALIDITY. If any term, covenant, condition or provision of this Ground Sublease or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Ground Sublease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition and provision of this Ground Sublease shall be valid and be enforced to the fullest extent permitted by law. Section 20. MEMORANDUM OF LEASE. The parties hereto will record this Ground Sublease or promptly execute duplicate originals of an instrument, in recordable form, which will constitute a short form memorandum of lease, setting forth a description of the Ground Sublease Facility and the term of this Ground Sublease, This Ground Sublease or a memorandum thereof will be recorded in the recording office of the Clerk of the County of Erie County, New York. Section 21. INTERPRETATION. Wherever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders, and vice versa, as the context shall require. The Paragraph headings used herein are for reference and convenience only, and shall not enter into the interpretation hereof. This Ground Sublease may be executed in several counterparts,. each of which shall be an original, but all of which shall constitute one and the same instrument. The terms "Lessor" and "Lessee" whenever used herein shall mean only the owner at the time of Lessor's or Lessee's interest herein, and upon any sale or assignment of the interest of either Lessor or Lessee herein, their respective successors in interest and /or assigns shall, during the term of their ownership of their respective estates herein, be deemed to 10 be Lessor or Lessee, as the case may be; provided that the parties understand and agree that notwithstanding the sale by the Lessee under the Installment Sale Agreement of its subleasehold interest in the Ground Sublease Facility under this Ground Sublease to Lessor, the Lessee (Erie County Industrial Development Agency) has retained all of the contractual rights of the Lessee under this Ground Sublease. Section 22. ENTIRE AGREEMENT. With the exception of the Installment Sale Agreement and the Ground Lease, this Ground Sublease shall completely and fully supersede all other prior understandings or agreements, both written and oral, between the Lessor and the Lessee relating to the terms hereof. Section 23. PARTIES. Except as herein otherwise expressly provided, the covenants, conditions and agreements contained in this Ground Sublease shall bind and inure to the benefit of Lessor and Lessee and their respective successors and assigns. Section 24. CONSENTS. Whenever Lessor or Lessee has a right of approval or consent under any of the terms hereof, and the conditions thereto have been met, such consent shall not be unreasonably withheld or delayed. The party having the right of approval or consent shall request in writing whatever additional information it shall need to make an informed decision. The party having the right to consent shall be entitled to reimbursement for reasonable out-of-pocket expenses, including attorneys' fees, but shall not otherwise impose a charge or fee for its consent. Any disapproval shall be in writing and shall state the reasons therefor. The party may refuse its consent or approval to protect its legal rights and the economic benefit of this Ground Sublease, but not for the purpose of enhancing its economic benefit in the Agreement at the expense of another party. The failure of the party having the right of consent to consent or disapprove within sixty (50) days shall be deemed an approval. Section 25. COUNTERPARTS. This Ground Sublease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 26. (RESERVED). Section 27. HOLDING OVER. This Ground Sublease shall automatically terminate and be of no further force or effect upon the expiration of its term, and any holding over by Lessee after such expiration shall not constitute a renewal hereof or provide Lessee with any rights hereunder. 11 Section 28. COVENANTS RUNNING WITH THE LAND. This Ground Sublease and each and every covenant, agreement, condition and undertaking shall be deemed to be running with the land during the term hereof and shall be binding upon and inure to the benefit of the respective parties hereto, their legal representatives, successors or assigns. Section 29. NOT A PARTNERSHIP. Nothing in this Ground Sublease shall be construed to create a partnership, joint venture, or any other relationship between Lessor and Lessee, other than that of sublessor and sublessee. Section 30. MISCELLANEOUS. If this Ground Sublease and any other lease related to all or a part of the Ground Sublease Facility are commonly held, they shall remain separate and distinct estates. Lessor and Lessee agree that the facts and terms set forth in the Recital section of this Ground Sublease are true and correct as of the date of this Ground Sublease and that they are bound by all such representations. Capitalized terms used herein but not otherwise herein defined shall have the same meaning as defined in the Installment Sale Agreement. 12 1N WITNESS WHEREOF, the parties hereto have caused this Ground Sublease to be executed as of the day and year first above written. CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO, Lessor WITNESS WITNESS By: — Name: Title: President, Board of Education ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY, Lessee By: Name: David W. Kerchoff Title: Assistant Treasurer 13 Exhibit A Le al Description of Ground Sublease Facili A certain school .building of approximately 106,769 square feet, owned by the County of Erie, located on the Erie County Medical Center Corporation campus at 462 Grider Street, Buffalo, New York 14215, together with all easements for ingress and egress and non- exclusive use of parking spaces adjacent to such real property, commonly known as Erie County Health Center for Children - School #84, and excluding therefrom the land underlying such school building. Exhibit B List of Plans and Specifications for Ground Sublease Facility p repared by entitled: MEMORANDUM OF GROUND SUBLEASE (SERIES 2009 PROJECT) CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO, Lessor with ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY, Lessee City: Buffalo County: Erie Block & Lots: See Exhibit A Record and Return to: HAWKINS DELAFIELD & WOOD LLP One Chase Manhattan Plaza New York, New York 10005 Attention: Arthur M. Cohen, Esq. MEMORANDUM OF GROUND SUBLEASE DATE OF LEASE: As of November 1, 2009. LESSOR: City Sebool District of the City of Buffalo with offices at 1225 City Hall, Buffalo, New York 14202. LESSEE: Erie County Industrial Development Agency, a body corporate and politic of the State of New York with offices at 225 Oak Street, Buffalo, New York 14203. DESCRIPTION OF PROPERTY: That certain real property located in the City of Buffalo, New York, as more particularly described on Exhibit "A" attached hereto and made a part hereof. TERM: The Term of the Ground Sublease commences on November_, 2009 and expires May 1, 2031, or such later date as set forth in said Ground Sublease. There are no options to renew or options to purchase. It is contemplated that the Lessee's subleasehold interest under the Ground Sublease will be sold to the City School District of the City of Buffalo pursuant to an Installment Sale Agreement, dated as of November 1, 2009, between such parties.. THIS INSTRUMENT is intended to be memorandum of the sublease described above and has been prepared solely for the purpose of recording. It is not intended to set forth the terms and provisions of the sublease for purpose of construing the same, reference being made to the sublease itself for that purpose. . CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO, Lessor By: Name: Title: President, Board of Education ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY, Lessee By: _ Name: Title: David W. Kerchoff Assistant Treasurer STATE OF NEW YORK COUNTY OF } } ss.. On the day of November, 2009, before me, the undersigned, personally appeared , 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 (he) (she) (they) acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ics) described thereon, and that by (his) (her) (their) signature(s) upon the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK. ) COUNTY OF ) On the day of November, 2009, before me, the undersigned, personally appeared , 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 (he) (she) (they) acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies) described thereon, and that by (his) (her) {their) signature(s) upon the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public Exhibit A LEGAL DESCRIPTION OF GROUND SUBLEASE FACILITY A certain school building of approximately 106,769 square feet, owned by the County of Erie, located on the Erie County Medical Center Corporation campus at 462 Grider Street, Buffalo, New York 14215, together with all easements for ingress and egress and non - exclusive use of parking spaces adjacent to such real property, commonly known as Erie County Health Center for Children - School #84, and excluding therefrom the land underlying such school building. APPENDIX D AMENDED AND RESTATED STATE AID TRUST ACREENTFNT 036176100001 Litigation 70006370 CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO F&W CITY OF BUFFALO AND MANUFACTURERS TRADERS TRUST COMPANY, as Depository Bank AND - NIA NUFACTURERS AND TRADERS TRUST COMTANY, is Series Trustee AMENDED AND RESTATED STATE AID TRUST AGREEMENT Dated as of December 1, 2004 462077.5 027014 AOMT TABLE OF CONTENTS Page ARTICLE I DEFUIRTIONS AND INTERPRETATIONS Section 101. Definitions .....:............ .:.............. ............... ...................... ................... ........ 2 Section 102. Interpretations .......... ............. .............:.......:............:......:....... ............................... Section 103. Parties Interested Herein ......I .................... ..... ............................... 5 Section 104. Severability of Invalid Provisions--: ............... ........5 .ARTICLE II ESTABLISHIVIENT AND OPERATION OF THE FUND Section 201. Establishment of State Aid Depository Fund .......................... ...... ..............:.....:....5 Section 202. Operation of the-Fund .................................---•--..............:........ ......:............... ........ 6 Section 203. Procedure for Collection and Deposit of State Aid Revenues . ........ .. .....................8 Section 204. Accounts, Reports and Certificates ..........:.............................. ...:..........................8 ARTICLE M THE DEPOSITORY BANK Section 301.- Appointment of Successor Depository Bank ....,.. .................... ...........:..................9 . Section 302.: Money's on Deposit with the Depository Bank in the Fund ..... ..............................9 Section 303. Investment of State Aid _Depository Fund..........:: ................... .....:........................9 Section 304. Moneys held in Trust ................:.....:........................................ ....................... . ....9 Section 305. Responsibilities of the Depository Bank ................................. ..............................9 Section 300. Evidence on Which the Depository Bank May Act. ...... 1-11 ......................... I ........ . J Section 307. Compensation and Expenses ............... Section 308. Resignation of the Depository Bank ................... Section 309. Removal of Depository Bank......, ......................................... ........-- •--- ....:..........14 Section 310. Regulations Regarding Investment of Fund ........................... .::..........................10 Section 311. Enforcement -------------•----.......................------•--:......_......---...... .....................:.......10 Section312. Execution ........ ................................ . .............................................. ... ... 10 Section '313. Notices ............... Section 314. Amendment and Restatement ................................................ .............................11 AMENDED AND RESTATED STATE AID TRUST AGREEMENT THIS AMENDED "AND RESTATED STATE AID TRUST AGREEMENT, made as of December 1, 2004 (this "Agreement'), by.and among CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO (the "School District "), CITY OF BUFFALO (the "City'), MANUFACTURERS AND TRADERS TRUST COMPANY, as Depository Bank (the "Depository Bank'), and MANUFACTURERS AND TRADERS TRUST COMPANY, as Series Trustee (the "Series Trustee ") under each indenture of trust pursuant to which a Series of Project Bonds (as defined below) shall be issued and outstanding, amending and restating, a certain State Aid Trust Agreement, dated as of September 1, 2003 (the "Original State Aid Trust Agreement "), by and among the School District, the City, the Depository Bank and the Series Trustee (capitalized terms used but not defined in the recitals to this Agreement shall have.the meanings set forth in Section 101 hereof). . WHEREAS, the Legislature of the State of New York,. pursuant to Chapter 545- of the Laws of 2000, as amended, has enacted legislation authorizing the Erie County Industrial Development Agency ( "ECIDA') to finance, own or lease educational facilities of the City and the School District renovated, reconstructed or constructed pursuant to State law; and VV the City and the School District have entered into negotiations with officials of the ECIDA to finance various public school facilities and to assist in the acquisition, renovation, construction, reconstruction, improvement, equipping and furnishing of such public school facilities (collectively, the "Facilities "). within the City in order to implement the comprehensive redevelopment of the City's public schools (the "Project "); and WHEREAS, in order to finance a portion of the cost of the Project,. the ECIDA intends to issue- from time to time in various Series its School Facility Revenue Bonds (City School District of the City of Buffalo Project), ,all pursuant to Chapter 505 of the Laws of 2040 of the State of New York, as amended, and other applicable legislation, and an indenture of trust for each such Series of Project Bonds, and to secure the Project Bonds with payments to be paid by the School District to the'ECIDA pursuant to a Series Facilities Agreement (as hereinafter defined) pursuant to which the ECIDA shall lease, sublease or sell its leasehold interest in Facilities to the District; - and WHEREAS, the School District's obligation to make such payments to the ECIDA will be subject to annual appropriation by the School District and will be payable solely from the total amount of annual aid to education appropriated by the State Legislature and paid by the State to the School District or intercepted by the Comptroller. of the State of New York and paid to the ECIDA or the related Series Trustee (acting on behalf of the ECIDA) pursuant to Chapter 59 of the Laws of 2003 of the State of New York,_ as amended and earnings on the investment thereof while in the custody of the Depository Bank hereunder ( "State Aid Revenues "); and WHEREAS, pursuant to the State Education Law (1) the disbursement of State. Aid Revenues is solely the prerogative and responsibility of the Buffalo Board of Education so . a Iong as such revenue is spent for the educational purposes appropriated and within the limits of 462077.5 0270I4 AGMT ` 1 V the appropriation, (2) the Buffalo Board of Education shall make such classification of the funds under its management and control and the disbursements thereof as the Comptroller of the City (the "Comptroller ") shall require, and (3) the Buffalo Board of Education shall furnish such data in relation to such funds and their disbursements as the Comptroller shall require; and WIIEREAS, the Comptroller periodically authorizes the issuance of City revenue anticipation notes in anticipation of the receipt of State Aid Revenues and the Comptroller is . required.by State law to provide for the set.aside of.State Aid Revenues to provide for repayment of such notes; and WHEREAS, the establishment and maintenance of a State Aid Trust Agreement . into which the State Aid Revenues are to be deposited for periodic disbursement in the respective amounts necessary for payment of debt service and other payments to be made by the School District due under such Series Facilities Agreements and City revenue anticipation notes issued in anticipation of State Aid Revenues will facilitate the marketing and sale of the Project Bonds secured by such payments; and WHEREAS, pursuant to instructions delivered to the New York State Comptroller dated September 10, 2003, the Comptroller and the Superintendent of the School District have directed the New York State Comptroller's Office to forward all _State Aid Revenues to the State Aid Depository Fund as herein described; and WHEREAS, in connection with the issuance by the ECIDA of its first Series of Project Bonds (the "Series 2003 Bonds' ), the parties hereto entered into the Original State Aid Trust Agreement; and WHEREAS, at the time of issuance of the Series 2003 Bonds, the parties hereto contemplated that the ECIDA and the School District would enter into facilities lease agreements - to provide for, among other things, the payment of debt service due on the Project Bonds; and WHEREAS, the parties hereto desire to amend and restate the Original State Aid Trust Agreement to modify certain definitions in order to facilitate the use by the ECIDA and the School District of installment sale agreements or other comparable agreements in addition; to facilities lease agreements with respect to Project Bonds; 'NOW .TIB;REFORE, in consideration of the respective representations and agreements hereinafter contained, the parties hereto agree as follows: ARTICLE I DEFINITIONS AND INTERPRETATIONS Section 101. Definitions In this Agreement, unless a different meaning clearly appears from the context: {1) "Agreement" means this State Aid Trust Agreement as the same may from time to time be amended or supplemented; -2_ 452077.5 027014 AGMT =1 f (2) "Aggregate" means, when used to qualify any other term in this Agreement, the aggregate, of the relevant term, with respect to all then existing Project Bonds, and then existing Series Facilities Agreements; (3) "Buffalo Schools Act" means the act of the Legislature of the State entitled: "AN ACT - in relation to the construction of new educational facilities, the financing of such facilities, and the financing of the rehabilitation. and reconstruction of existing facilities in the City of Buffalo ", constituting Chapter 605 of the Laws of 2000 of the State, as amended by Chapter 59 of the Laws of 2003 of the State and by Chapter 421 of the Laws of 2004 of the State, and -as the same may be further amended; (4) "Chief Fiscal- Officer" means the comptroller of the City or such other officer of the City who may hereafter be designated chief fiscal officer of the City; (5) "City" means the City of Buffalo; (6) "Collection Percentage" means, with respect to each month of a Collection Period, the ratio, expressed as .a percentage, of the amount of State Aid Revenues expected to be received during such month of such Collection Period to the total amount of State Aid Revenues expected to be received during such Collection Period, (7) " Collection Period" means the four month period from and including December I of a Fiscal Year through and including March 31 of such Fiscal Year; , (8) "Collecting Officer" means the Superintendent of the School District and any other official empowered to demand, collect and receive State Aid Revenues; (9) "Debt Service Reserve Fund" means, with respect to a Series of Project Bonds, the Debt Service Reserve Fund established for such Series ofProject.Bonds under the related Series Indenture; (10) "Depository Bank" means Manufacturers and Traders Trust Company or any trust company or bank having the powers of a trust company in the State, having reported capital and surplus of not less than $100,000;0 ©Q and rated not lower than investment grade by any Rating Agency appointed by the School District in the manner set forth herein, and any successor trust company or bank having the'powers of a trust company in the State which may be substituted in its place pursuant to the pkovisions hereof The Depository Bank shall be the same financial institution as each Series Trustee; (11) "EC1DA" means Erie County Industrial Development Agency; (12) "Facilities Payment Obligations" means with respect to any Facilities. Agreement, the Lease Payments, Installment Purchase Payments or other like payment obligations as so defined in such Series Facilities Agreement; (13) "Fiscal 'Fear" means the fiscal year of the City and the School District; r- - -3- 462077.5 027014 AGMt {14) "General Fund" means the bank account designated by the Chief Fiscal Officer in written instructions delivered to the Depository Bank on the date of issuance_ of the first Series of Project Bonds, as the same may be re- designated; (15) "Investment Securities" means &ny investments that the City would .be permitted to invest in under the provisions of Section 17 of the General Municipal Law of the State, as amended from time to time; (16) "Net Base. Facilities Agreement Payments" means, with respect to any Facilities Agreement, the Net Base Rental Payments or other net base payment obligations for principal and interest on the related Project Bonds (net of amounts available in the Bond Fund established under the Series Indenture for such Project Bonds) as so defined in such Series Facilities Agreement, (17) "Project Bonds" means bonds issued by the ECIDA or some other public entity pursuant to Series Indentures and the Buffalo Schools Act; (18) "Ratable Basis" means, ratably based on the ratio of the amount, at issue,. owing to a Series Trustee to the Aggregate of such amounts,. at issue, owing to all Series Trustees; (19) "Rating. Agency" means any nationally recognized credit rating agency then rating any Series of the Project Bonds; (20) "Reserve Payment" means, with respect to any Facilities Agreement, the. . reserve payment obligation in respect of a deficiency in the amount on deposit in the Debt Service Reserve'Fund established under a Series indenture for a Series of Project Bonds. (21) ."Series Facilities Agreement" means the Facilities Lease Agreement (Series 2003 Project), dated as of September 1, 2003, by and between the ECIDA and the, School District, the Installment Sale Agreement (Series 2004. Project), dated as of December 1,. 2004, between the ECIDA and the School District, and each other facilities. lease agreement, facilities installment sale agreement- or other facilities agreement,' pursuant. to which the ECIDA or some otlxer public entity shall lease, sublease or sell its leasehold interest in facilities to the District, in connection with the issuance of Project Bonds, as the same may be amended or supplemented; (22) "Series Indenture" means the Indenture of Trust (Series 2003 Project) by and between the ECIDA and ' Manufacturers and Traders ' Trust Company, as Trustee; dated as of September 1, 2003, the Indenture of Trust (Series 2004 Project) by and. between the ECIDA and Manufacturers and Traders Trust Company, as Trustee, dated as of December 1, 2004, and each other indenture of trust or bond_ resolution pursuant to which a series of Project Bonds shall be issued by ECIDA or some other public entity to finance all or a portion of the Project, as the same may be amended or supplemented; .(23) "Series Trustee" means Manufacturers and Traders Trust Company, as ' Trustee under the Indenture' of Trust (Series 2003 Bonds) and under the Indenture of i -4- 462677.9 027014 AGW J Trust (Series 2004 Bonds) and each financial institution acting as trustee under another Series Indenture, and its respective successors, if any, appointed pursuant to such Series Indenture; (24) "State" means the State of New York; (25) "State Aid Depository Fund ".or "Fund" means the fund so entitled which is held.by the Depository Bank and is described and provided for in this Agreement; (26) - "State Aid Revenues" means the total amount of State aid to education annually appropriated by the New York State Legislature and paid to the School District or the City or any officer thereof, for the provision of public educational instruction in the City together with earnings on the investment thereof while in the custody of the Depository Bank; and (27) "Superintendent?' means the Superintendent of the City .School District' of the City of Buffalo. Section 102. Inteipretations Words importing the masculine gender include every other gender. Words importing persons include firms, limited liability companies partnerships, associations and corporations. Words. importing the singular number include the plural, and vice - versa;' (b) the terms "herein "hereunder", "hereby", "hereof', "hereto ", and -tither similar terms refer to this Agreement; and (c) the term "hereafter" means after the effective date of the Agreement, which shall be. the date of issuance of the first Series of Project Bonds. Section' 103. Parties Interested Herein Nothing in this Agreement expressed or .implied is intended or shall be construed to confer upon, or give to, any person, other than the City,. the Depository I3a* the School District and each Series Trustee any right, remedy or claim under or by reason of this Agreement. or any stipulation, obligation, agreement or condition. therein. All the stipulations promises and agreements in this Agreement shall be for the sole and exclusive benefit of the City, the Depository Bank, the School District and each Series Trustee. Section 1.04. Severability of Invalid Provisions If.- any one or more of the: provisions or agreements in this Agreement on the part of the City, the School District, the Depository . Bank or a Series Trustee to be performed should be contrary to law, . then such . provision or provisions, agreement or agreements shall be deemed separable from the 'remaining provisions and agreements, and shall in no way affect the validity of the other provisions of this- Agreement. ARTICLE H ESTABLISHMENT AND OPERATION OF THE FUND Section 201. Establishment of State Aid Depository Fund In order to facilitate the.. purposes of the Buffalo. Schools Act and the payment of the Aggregate Facilities Payment Obligations, there .is hereby established a special fund which shall be known, and is referred to, as the State Aid Depository Fund. The Fund shall be held by and maintained with the Depository Bank, and the School District hereby agrees with the City, the. Depository Bank and each Series -5- 462077.5 027014 AGMT t Trustee that it will duly and punctually pay or cause to be paid the Aggregate Facilities Payment Obligations from amounts received from the Fund, and that it will maintain the Fund with the Depository Bank, and will operate the Fund in the manner set forth herein. Section 202. O eration of the Fund. (a) Pursuant to written instructions to the New York State Comptroller dated September 10, 2003, the Chief Fiscal. Officer and the Collecting Officer have directed the New York State Comptroller's Office to deposit all State Aid Revenues into the Fund except for any amount of State Aid Revenues withheld from the City -or School District in accordance with the provisions of Chapter 59 of the Laws of 2003 of the State, as the same may be amended. (b) Notwithstanding the following provisions of this Section 202, if the Depository Bank receives written instructions from the Chief Fiscal Officer with an accompanying monthly payment schedule from the Chief Fiscal Officer indicating that, pursuant to applicable state law and if applicable any credit enhancement agreement to which the City is a party, State Aid- Revenues - must be set aside in a special bank account designated in such instructions to be used only for the payment in accordance with such payment schedule of outstanding revenue anticipation notes issued by the City (the "RAN. Repayment Requirement" ); then, each month, the Depository Bank shall immediately withdraw from the Fund all State Aid Revenues that are received and cause the amounts so withdrawn:to. be immediately paid, before any further withdrawal or payment under this Section 202, to such special bank account, until the total amount of such withdrawals is equal to the portion of such RAN Repayment Requirement required, in accordance with such payment schedule, to be withdrawn and paid such special. Bank account for such month or any prior month to the extent not yet paid. (c) Commencing on September 16, 2003 through and including November 30, 2003, the Depository Bank shall immediately upon receipt of any payment of State Aid Revenues pay over to the General Fund all such State Aid Revenues. (d). - On or before October 15, 2003 for the Fiscal Year ending June 30 2004, and on or before July 15 of each subsequent Fiscal Year, the Collecting Officer and the. Chief Fiscal Officer shall prepare and deliver to the Depository Bank.a certificate, substantially in the form of Exhibit A -1 hereto (the "State Aid Payment Certificate "), setting ,forth (i) a statement that the District has appropriated an amount of State Aid Revenues necessary to fund the District's Aggregate Facilities Payment Obligations_ for such Fiscal Year and (ii) total amount of State Aid Revenues expected to be received during the next Collection Period and the Collection Percentage applicable to each month of such Collection Period. - However, in the event that the District shall not have appropriated such amount of State Aid Revenues in its adopted budget for such Fiscal Year the State Aid Payment Certificate for such Fiscal Year shall set forth a statement to such effect, shall not include any information regarding the collection of State Aid Revenues during the Collection Period. and shall be substantially in the form of — Exhibit A -2 hereto. Thereafter and not later than the end of the third business day immediately preceding March 31 of such Fiscal Year, if circumstances, warrant, the Collecting Officer and the Chief Fiscal Officer shall from time to time prepare and deliver to the Depository Bank a revised State Aid Payment Certificate setting forth, as appropriate (i) a statement that the District has, subsequent to adoption of its budget for such Fiscal Year, appropriated an amount of State Aid Revenues necessary to fund the District's Aggregate Facilities Payment Obligations for such -6 -- 462077.5 0270I4 AGMT Fiscal Year, or (ii) a revised total amount of State Aid Revenues expected to be received during the Collection Period for such Fiscal Year and, ' in either case, if applicable, Collection Percentages or revised Collection Percentages applicable to the remainder of such Collection Period, (e) On or before November 10 of each Fiscal Year, commencing November 10, 2003, each Series Trustee shall prepare and deliver to the Collecting .Officer, the Chief Fiscal Officer and the Depository Bank a' certif cate (the "Base Facilities Agreement Payment Certificate") setting forth the Net Base Facilities Agreement Payment (computed as of the. immediately preceding last business day of October of such Fiscal Year) portion of the Facilities Payment Obligations due on the following April 1_ (f) On or before - November 10 of each Fiscal Year, commencing November 10, 2003, each Series Trustee shall, in accordance with the provisions of the Series Indenture pursuant to which such Series Trustee has been appointed, ,prepare and deliver to the Collecting Officer, the Chief Fiscal Officer and the Depository Bank a certificate (the "Reserve Payment Certificate ") setting forth the Reserve Payment (as defined in each Series Facilities Agreement and computed as of the immediately preceding last business day of October of such Fiscal Year) .portion of the facilities Payment Obligations due- and the amount of the Debt Service Reserve Deficiency as of the date of such certificate. (g) During each Collection Period beginning after November 30, 2003, if the Depository Bank has received 'a State Aid Payment Certificate with respect to such . Period that sets forth the statements required by clauses (i) 'and (ii) of the first sentence of Section 202'(d), the Depository Bank shall, immediately upon receipt of any payment of State Aid Revenues, withdraw such State Aid Revenues from the Fund and cause the amounts so withdrawn to be immediately paid in the following order of priority: (i) first, to -each Series Trustee for deposit in the Bond p'und established pursuant to the related Series Indenture until the total amount of such withdrawals during each 'month of such Collection Period shall equal the sum of (A) the product of the Collection Percentage for such month.multiplied by the Net Base Facilities Agreement Payment "due the immediately following April 1 as set forth in the Base Facilities Agreement Payment Certificate most recently received by the Depository Bank, plus (B) during the months of January, February. and March, the excess of the amount that should have been. deposited in, the Bond Fund in the immediately preceding month of the Collection Period pursuant to the provisions of this paragraph, over the amount in fact so deposited; (ii) second, thereafter during each month of such Collection Period, to each Series Trustee for deposit in the Debt Service Reserve Fund established pursuant to.the related Series Indenture until the total amount of such withdrawals is equal to the Reserve Payment due, if any, as set forth in the Reserve Payment Certificate most recently received by the Depository Bank, and (iii) third, thereafter during each month of such Collection Period, to r. the General Fund. 462477.5 027014 AGMs' In the event that any amount on deposit in the Fund in any month of the Collection Period, at any time, shall be less than the amount required to be paid to a Series Trustee under clauses (i) or (ii) above, the Depository Bank shall make payment to each Series Trustee on a Ratable Basis, in the priority indicated above. For purposes of the preceding sentence, "Ratable Basis" shall be first computed based on amounts payable to each Series Trustee under clause (i) above if there is not enough in the Fund to pay to each Series Trustee what is payable under clause (i) above; and, if the amounts payable under clause (i) have been paid in full, then computed based on the amount payable to.each Series Trustee under clause (ii); Thereafter from April I until the commencement of the next Collection Period, immediately upon receipt of any payment of State Aid Revenues, the Depository Bank shall withdraw such State Aid Revenues from the Fund and cause the amounts so withdrawn to. be immediately paid to the General Fund. If the Depository Bank has not received with respect to a Collection Period for any reason a State. Aid Payment Certificate that includes the statements required by_ clauses (i) and (ii) of the first sentence of Section 242(d), the Depository Bank, both during and after such Collection Period until the next Collection Period, shall withdraw any State Aid Revenues :from the Fund and cause the amounts so withdrawn to be. immediately paid to the General Fund. .Section 243. Procedure for Collection and Deposit of State Aid Revenues The procedure set forth in this Article for the operation of the Fund is related to the School District's current procedure for the collection, deposit and disbursement of State Aid Revenues. Nothing herein contained shall prevent the .City, the Depository Bank, the School District .or the Series Trustees from effecting any change by amendment hereto, modifying the procedures for the collection, deposit and disbursement of State .Aid Revenues, without the consent of any other party; provided, however, that the School District hereby agrees with the City, the Depository. Bank and each Series Trustee that (i) prior to making any such change, the School District shall notify each Rating Agency of such change and that prior to. any such change there. shall be delivered to the Depository Bank a rating confirmation of each Rating Agency that the- then current unenhanced rating of the Project Bonds will not be withdrawn or reduced as a result of such charige and (ii) the School District will not change or alter.the procedure for the collection and. deposit of State Aid Revenues which in any manner would result in insufficient State Aid Revenues being available to timely pay Facilities Payment Obligations in accordance with the terms of this Agreement. Section 2 ©4. Accounts, Reports and Certificates The Depository Bank, agrees that it will keep, or cause to be kept, proper books of record in which complete and accurate entries shall be made of all transactions relating to the Fund. The School District at its sole cost and expense shall cause such books of record relating to the Fund to be audited annually by one or more certified public accountants duly licensed by the State, and such audit shall be filed by the School District with the Chief Fiscal Officer, the Depository Bank and each Series Trustee. f. 462077.5 027014 AGMT 1 _ 1• ARTICLE III THE DEPOSITORY BANK Section 301. Appointment , of Successor Depository Bank The Collecting Officer may take any and all necessary action, subject to approval by the Chief Fiscal Officer, in connection with the removal of the Depository Bank and the designation of a successor Depository Bank. Each successor Depository Hank shall be a trust company or bank having the powers of a trust company in the State with a reported capital. and surplus of not less than $100,000,000 and rated not less than investment grade by any Rating Agency. Any successor Depository Bank so designated shall be deemed to be the successor Depository Bank appointed by the Board of Education unless and until said Board shall take action to the contrary. The Collecting Officer shall give notice to the Board of Education of any action with respect to the Depository Bank in accordance with this Article by filing or causing to be filed a signed statement of such action in the office of the Clerk to the Board ofEducation on the: date such action is taken Section 302. Moneys on Deposit with the DeVository Bank in the Fund The Depository Bank shall hold all moneys, deposited in-the Fund in trust for the benefit of the School District and the City, and shall withdraw such moneys as provided in this Agreement. Section 303. Investment of State Aid D6t)ository Fund. Pending the. withdrawals : provided for in Section 202, moneys in the Fund shall be invested in Investment Securities maturing at such times and in such amounts as shalt provide available moneys to make such withdrawals and payments from'the Fund when required. Such investments shall be made for and on behalf of the School District by the Depository Bank upon written instructions from. the Chief Fiscal Officer or his authorized deputy. Section 304, Moneys held in Trust All moneys held by the Depository Bank, as such, at any .time pursuant to the terms of this Agreement shall be and hereby are assigned, transibrked and set over unto such Depository Bank in trust for the.purposes and under the terms and conditions of this Agreement. Section 305: Res onsibilities of the Depository Sank. The recital of facts herein contained shall be taken as the statements of the School District and the Depository Bank . shall assume no responsibility for the correctness of same, The, Depository Bank shall not be. - liable in connection with the performance of its duties hereunder except for its own negligence, misconduct or failure to perform its express obligations under this Agreement. Section 306.. Evidence on Which the Depositary - Bank May Act The Depository Bank shall be protected. in acting upon any 'notice, resolution, . ordinance, request, consent, order, certificate, opinion or other paper or document believed by it to be genuine, and to have been signed or presented by the proper party, or parties. The Depository Bank shall be permitted to rely on any document transmitted to the Depository Bank by facsimile as if it were an original. The Depository 'Bank may consult with counsel, who mayor may not be counsel to the School District or the City, and the opinion of such counsel shall be full and complete M91 462077.5 027014 AGMT . M f authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. Section 307, Compensation and Expenses Unless otherwise. provided by contract with the Depository Banl�, the School District shall pay to the Depository Bank from time to time reasonable. compensation for all services rendered by it hereunder, and also reimbursement for all its reasonable expenses, charges, counsel fees and other disbursements and those of its attorneys, agents and employees, incurred io and about the performance of its powers and duties hereunder_ Section 308. Re i nation f the De osito Bank. Subject to the applicable requirements for a successor depository bank set forth in Section 301 hereof, the Depository. Bank may at any time resign and be discharged of the duties created by this Agreement by giving not less than 60 days' written notice to the School District, the Chief Fiscal Officer, the State Comptroller and each Series Trustee, and such resignation shall not take effect until a successor shall have -been appointed by the Collecting Officer as provided in Section 301. - Section 309. Removal of Depository Bank Subject to the appointment 'of a successor Depository Bank in, accordance with the provisions of Section 301 hereof, the Depository Bank may be removed at any time by the School District by notice in writing filed with the Depository Bank, each Series Trustee and the State Comptroller. Section 310. Regulations Regarding Investment of Fund Investment Securities purchased as an investment of moneys in the Fund established under this Agreement shall be deemed at all times to be a part of.the Fund, and the interest thereon and any profit arising on the sale thereof shall be credited-to the Fund,, and any loss resulting on the sale thereof shall .be charged to the Fund. In computing the amount in the Fund for any purpose hereunder, - such Investment Securities shall be valued at the lower of cost or market price thereof, exclusive, of accrued interest, such valuation to be . completed by a valuation service selected • by the Depository Bank. . Section 3.11. Bnforceme t. The construction and enforcement of this Agreement shall be governed by the laws '6f the State of New York. The parties hereto consent to the jurisdiction of any state or federal court located in the State of New York for the resolution of any claim or controversy arising directly or indirectly from this Agreement. .Section 312. Execution- This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall. constitute but one and the same instrument. Section 313. Notices- All notices, requests, demands and formal actions hereunder will be in writing, mailed, faxed or delivered to: -ta 952077.5 027014 AGMr (a) School District: City School District of the City of Buffalo 712 City Hall Buffalo, New York 14202 Attention: Superintendent Fax No.: (716) 851 -3575 (b) City: City of Buffalo 1225 City Hall Buffalo, New York 14202 Attention: Comptroller Fax No.: (716) 851 -4031 (c) Depository Bank: Manufacturers and Traders Trust Company One M &T Plaza, 7` Floor Buffalo, New. York 14203 Attention: Corporate Trust Department Fax No.: (716) (d). Series Trustee: Manufacturers and Traders Trust Company One M &T Plaza, 7` Floor Buffalo, New York 14203 Attention: Corporate Trust Department Fax No.: (716) 842 -4474 Section 314. Amendment and Restatement This Agreement amends and restates in its entirety the Original State Aid Trust Agreement.. - " IN VVrfNESS WHEREOF, the parties hereto have caused this Amended and Restated State Aid Trust Agreement to be executed as of the day and year first above written. CITY OF BUFFALO Bj ew A. Sanl�iEi Comptroller CITY SCHOOL DISTRICT OF THE MY OF BUFFALO Florence Yohnson, Pr a ent Board of Education - MANUFACTURERS ANI1 TRADERS TRUST COMPANY, as Depository3ank By Russell T. Wbitley Assistant Vice President MANUFACTURERS AND TRADERS. TKYST COMPANY, as Series Trustee By Russell T. Whitley Assistant Vice President 462077.5 (127014 ACMr CI Exhibit A -1 State Aid. Payment Certificate . (Appropriation) (Dom) Via Facsimile (716.842 -44 4� Manufacturers and Traders Trust Company, as Depository Bank One.M &T Plaza Buffalo, New York 14203 Attention: Corporate Trust Department Russell Whitley Ladies and Gentlemen: Re: State Aid Payment Certificate Reference is made to the. Amended and Restated State Aid Trust Agreement, dated as of December 1, 2004 (the "State-Aid Tnrst Agreement" ), among the City School District of the - City of Buffalo (the "District ") and the City- of Buffalo and Manufacturers and Traders Trust Company, as Depository Bank, and Manufacturers and Traders Trust Company, as Series Trustee (the "State Aid Trust Agreement "). All capitalized terms not otherwise defined herein have the meanings attributed to them in the State Aid Trust Agreement. The District is delivering this letter as the State Aid Payment. Certificate required by the State Aid Trust Agreement. The District has appropriated 'an .'amount of State Aid Revenues necessary to Rind the District's Aggregate Facilities Payment Obligations for Fiscal Year ending June 30, 2 . The total amount of State. Aid Revenues expected to. be received during the period from December 1, 3 .through and including .March. 31, 4 (the For the first certificate after closing of Phase. 11, this letter should be delivered to the Depositary Bank on or before July. 15, 2005. 2 For the first certificate after closing of Phase I1, this date would be June 30, 2005. A State Aid Payment Certificate has already been delivered for the year ending June 30, 2005. In the .first certificate after closing of Phase 11, this date would be December 1, 2005 (always the December 1, immediately preceding the FYE). 4 In this first. certificate after closing a_ f Phase Ii, this date would. be March 2006 (arrays the March 31, immediately preceding the FYI;). 462077.5 027014 AGMT I I i` u "Collection Period') is $ and the Collection Percentage for each month during the Collection Period is set forth-below: 1. December a Very truly yours, Superintendent Comptroller s Compute by dividing the State Aid Revenues expected to be received in the particular month by the total amount of State Aid Revenues expected to be received during the Collection Period, and then expressing the resalt as a percentage. A revised State Aid Certificate can be delivered for a fiscal year, no later than the 3rd business day preceding March 31 of that fiscal year. 452077.5 027014 AGMT A. 2. January 3, Pebrivary ON 4. March Very truly yours, Superintendent Comptroller s Compute by dividing the State Aid Revenues expected to be received in the particular month by the total amount of State Aid Revenues expected to be received during the Collection Period, and then expressing the resalt as a percentage. A revised State Aid Certificate can be delivered for a fiscal year, no later than the 3rd business day preceding March 31 of that fiscal year. 452077.5 027014 AGMT A. G Exhibit A -2 State Aid Payment Certificate (Non- Appropriation) {Dee Via Facsimile 716- 842 -44741 Manufacturers and Traders Trust Company, as Depository Bank One M &T Plaza Buffalo, New York 14203 Attention: Corporate Trust Department Russell Whitley Ladies and Gentlemen: Re: State Aid Payment Certificate Reference is made to the Amended and Restated State Aid Trust Agreement, dated as of December 1, 2004 (the "State Aid Trust Agreement "), among the City School District of the City of Buffalo (the "District ') and the City of Buffalo' and. Manufacturers and Traders Trust Company, as Depository Bank, and Manufacturers and Traders Trust Company, as Series Trustee (the "State Aid Trust Agreement "). All capitalized terms not otherwise defined herein have the meanings attributed to theirs in the State Aid Trust Agreement. The District is delivering this letter as the State Aid Payment Certificate required by the State Aid Trust Agreement. The District has not yet appropriated an amount of State Aid Revenues in its adopted budged for Fiscal Year ending June 30, for the payment - of the Aggregate Facilities Payment Obligations for such Fiscal Year.. .[Insert -the following sentence,. if appropriate. It is anticipated that the budget will be revised and an updated State Aid Payment Certificate will be provided.] Very truly yours, — , Superintendent Comptroller 96207.7.5 027014 AGW FIRST AMENDMENT TO ,AMENDED AND RESTATED STATE AID TRUST AGREEMENT THIS FIRST AMENDMENT TO AMENDED AND RESTATED STATE AID TRUST AGREEMENT, made as of June :28,,2005 and being effective on June 28 2005 (the "Effective Date') (this " First Amendment to Agreement" ), by and a morig CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO (the "School District" ), CITY OF BUFFALO' (the "City "), MANUFACTURERS AND TRADERS TRUST COMPANY, as Depositbry Bank (the "Depository Bank "), and- .MANUFACTURERS AND TRADERS TRUST COMPANY, as Series Trustee (the "Series Trustee ') under each indenture of trust pursuant to .which a Series of Project Bonds (as defined below) shall be issued and outstanding, amending a certain Amended and Restated State Aid Trust Agreement, dated as of December 1, 2004 (the .. "Original State Aid Trust Agreement," and, together-with this First Amendment to Agreement, . being collectively referred to as the "Agreement' ), by and among the School District,- the City, the Depository Bank and the Series Trustee (capitalized terms used but not defined in the recitals . to Us•Tirst Amendment to Agreement shall have the meanings set forth in Section 101 heicof). WHEREAS the Legislature of the State of New York, pursuant to Chapter 605 -of the haws of 2000, as amended, enacted legislation authorizing the Erie County Industrial Development Agency ( "ECIDA") to finance, own or lease educational facilities of the City'and . the School District renovated, reconstructed or constructed pursuant to State law; and WHEREAS, the City and the School District entered into negotiations with officials of the ECIDA to finance various public school facilities and to assist in the acquisition, . V.enova6on, construction, reconstruction, improvement, equipping and furnishing of suuch:public . school facilities (collectively, the "Facilities.") within the City in order to implement the 'comprehensive redevelopment of the City's public schools (the "Project'); and WHEREAS, in order to finance a portion of the cost of the Project, the ECIDA has issued and intends to issue fmm time to time in various Series its School Faciwy Revenue Bonds (City School District of the City of Buffalo Project), all pursuant to Chapter 605 of the ' laws of 2000 of the State of New York, as,amended, and other applicable legislation, and an .'indenture of bust for each such Series of Project Bonds, and to secure the Project Bonds with - payments to be paid by the School District to the ECIDA pursuant to a Series Facilities Agreement (as hereinafter defined_) pursuant to which the ECIDA shall lease, sublease or sell its Ieaschold interest in the Facilities to the District; and WHEREAS, the School District's obligation to make such payments to the ECIDA will be subject to annual appropriation by the School District and will be payable solely -from the total amount of annual aid to education appropriated by.the State Legislature and paid by the State to the School District or intercepted by the Comptroller of the State of New York .and paid to the ECIDA or the related Series Trustee (acting on behalf of the ECIDA) pursuat to Chapter 59 of the Laws of 2003 of the State of New York, as amended, and earnings on the investment thereof while in the custody . of the Depository Bank hereunder ("State Aid Revenues "); and 472534.3 029256 AMT) U` 1, WHEREAS, pursuant to the State Education Lain (1) the disbursement of State Aid Revenues is solely the prerogative and responsibility of the Buffalo Board of Education so long as such revenue is spent for the educational purposes appropriated and within the limits of the appropriation, (2) the Buffalo Board of Education shall make such. classification of the fiords under its management and control and the disbursements thereof as the Comptroller of the City . (the "Comptroller') shall require, and (3) the Buffalo Board of Education shall furnish such data' in relation to such funds and their disbursements as the Comptroller shall require; and. . WBMREAS, the Comptroller periodically authorizes the issuance of City revenue anticipation notes in anticipation of the receipt of State Aid Revenues and the Comptroller is required by State taw to provide for the set aside of State Aid Revenues to'provide for repayment of such notes; and WHEREAS, the establishment and maintenance of a State Aid Trust. Agreement into which the State Aid Revenues are to be deposited for periodic disbursement in the respective . amounts necessary for payment of debt service 'and other payments to be. trade by the School. District due under such Series Facilities Agreements and City revenue anticipation -notes issued. in anticipation of State Aid Revenues will facilitate the marketing and sale of the Project -Bonds secured by such payments; and WHEREAS, pursuant to instructions delivered to the New York State Comptroller dated September 10, 2003, the Comptroller and the Superintendent of the School District Have - directed the New 'York State Comptialler's Office to forward all State Aid Revenues to the State Aid Depository Fund as herein described; and WHEREAS, in connection with the .issuance by the ECIDA of its first series of bonds (the "Series 2003 Bonds "), - the ECIDA and the School District entered into a facilities lease agreement to provide for, among other things payment of debt service due on the, Series 2003 Bonds as ]case rental payments, and, in order to achieve certain cost savings through me elimination of the necessity for liability insurance, the ECIDA and the School District are; • . concurrently herewith, amending said facilities lease agreement to become instead an installment sale agreement with installment purchase payments to be made by the School District; and WHEREAS, concurrently herewith, and at the request of the School District, each of the Series Facilities Agreements and Series Indentures in effect as of the Effective Date are being amended to provide for the crediting and redirection of investment earnings from the Debt Service Reserve Fund established under the related Series Indenture upon the-terms set forth therein;. and WHEREAS, the parties hereto desire to amend the Original State Aid Trust Agreement to conform. the terms and provisions thereof to the above - referred to amendments to the Series Facilities Agreements and Series Indenture; NOW THEREFORE, in consideration of the respective representations and agreements hereinafter contained, the parties hereto agree as follows: s - -2- 472534.3 028256 AMD f} ; Section L Except as hereby ekpressly amended, the Original Agreement is in all respects ratified and confirmed, and all the terms; provisions and conditions thereof shall be and remain in :full force and effect, and this First Amendment to Agreement and all of its terms, provisions and conditions shall be deemed to be a part of the Original Agreement. Section 2. All terms not otherwise defined in this First Amendment to 'Agreement shall have the same meanings in this First Amendment to Agreement as those terms are given in the Original Agreement.' Section 3. Unless the context .otherwise requires, the following terms defined in Section 101 of the Original Agreement are hereby amended to have the following meanings in the Indenture (and where not so defined, Section 101 of the Original Agreement is amended to include such new terms defined below in appropriate alphabetical and numerical order) ... (additional language is underscored and deleted language is bracketed): "(1) "Agreement" means this Amended and Restated State Aid Trust Agreement as 'the same may from time. to time be amended or . supplemented, (2) "Aggregate" means, when, used to qualify any other term in this. Agreement, the aggregate, of the relevant term, with respect to all then existing Project Bonds, and then existing Series Facilities Agreements; (3) "Base Facilities Agreement Payment" means, with respect . to an .Series Facilities A eemenf the Base Lease Pa Brit the Base Installment Purchase Pa ent or other like payment obligations as so defined in such Series .Facilities A Bement . [(3)] 04} "D alo Schools Act" means the act of the Legislature of the State entitled_ "AN ACT in. relation to the construction, of new educational .facilities,, the financing of such facilities, and the financing of the rehabilitation and reconstruction of existing facilities in the City of Buffalo", constituting Chapter 605 of the Latins of 2000. of the State, as amended by Chapter 59 of the Laws of 2003 of the State and by Chapter 421 of the Laws of 2004 of the" State, and as the same may be further amended; [(4)) 05) "Chief Fiscal Officer" means the comptroller of the City -or such other officer of the City who may-hereafter be designated chief fiscal officer of the City, C(5)1(6) "City . weans the City of Buffalo; [(6 )j 0 "Collection. Percentage" means; with respect to each month of a' Collection Period, the ratio, expressed as a percentage, of the amount of State Aid Revenues expected to be received during such month of such Collection Period to the total amount of State Aid Revenues expected to be received during such Collection Period;. -3 4725343 028256 AMD , 1 V� t' Purchase Payments or other net base payment obligations for principal and interest on the related Project Bonds (net of an Scheduled Debt Service Reserve Fund Eamin s to the extent that 4gy such Scheduled Debt Service Reserye Earnings s MI not first be re uired when received under the related Series'Indenture to satis an -deficiency in the Debt Service Reserve Fund established for such Pro Bonds and (z )an amounts available in the Bond Fund established under the Series Indenture for such Project Bonds) as so defined -in such Series Facilities Agreement; [(17)] 19 - "Project Bonds". means bonds issued by the E.CIDA or some other public entity pursuarit to Series Indentures and the Buffalo Schools Act; 20) _ q alif - -_ Debt ......- ...Service Reserve Fund Investment A eement" means with re t to a Serie of the Pro ect Bonds that investment -a eement entered into .... the Series Trustee with r ect to the Debt Service Reserve F und._as.._such .AgreerVment is so defined in the. related Series Facilities . Agreement or Series Indenture: [(18)] fnl "Ratable Basis" means, ratably based on the ratio of the amount, at issue, owing to a Series Trustee to the Aggregate of such amounts, at issue, owing to all Series Trustees; [(19)] • (22l "Rating Agency". means any nationally recognized credit rating agency then rating any Series of the Project Bonds; j(2 ©)j (231 "Reserve Payment" means, with ' respect to any Facilities Agreement, the reserve payment obligation in respect of a deficiency in the amount on deposit in the Debt Service Reserve Fund established under a Series Indenture for a Series of Project Bonds. k24) "Scheduled Debt Service Reserve Fund Earnings" means . with respect to Base Facilities Agreement Pa ent those earnings gch6duled to be received under a Series Indenture from a Qqalified Debt Service Reserve Fund Inv t;nent A eement based on the amount on dqposit in the related Debt D4L then on the next recedin Business Da rovided tha such earrrzin s are Muired the related Series Indenture to be dpposited into the Bond ynd er such Series Indenture after receipt by „the Series Trustee under such Series Indenture of a 1'ro cct Fund Sutl`icienc Certificate as defiined in such Series Indenture - _ -5- 472534.3 028256 AMD Agoement Pa ent under the related Series Facilities A eement for the period [(2I)] kZ5 "Series Facilities Agreement" means the Facilities Lease Agreement (Series 2003 Project), dated as of September 1, 2003, as alnended by an AmendatqjjInstalhxuent Sale A eement Series 2003 Project dated as of June 2$ 2005 by and between the ECIDA and the School District, the installment Sale Agreement (Series 2004 Project), dated as of December 1, 2004, between the ECIDA, and. the School District, and each other facilities lease agreement, facilities installment sale agreement or other facilities agreement, pursuant to which the ECIDA or some .other public entity shall Iease, sublease or sell its leaschold interest in facilities to the District, ' in connection with the issuance of Project Bonds, as the same may be amended or supplemented; [(22)] Q6J "Series Indenture" means the Indenture of Trust (Series 2003 Project) by and between the ECIDA and Manufacturers and Traders Trust Company, as Trustee, dated as of September I, 2003, the Indenture - of Trust (Series 2004 Piaject) by and between the ECIDA and Manufacturers and Traders Trust Company, as Trustee, dated as of December l, 2004, and each other. indenture of trust or bond resolution piursuant to which a series of Project Bonds shall be by ECIDA or some other public entity to finance all or a portion of the Project, as the same may be amended or supplemented; [(23)] fM " Series Trustee" means Manufacturers and Traders Trust Company, as Trustee under the Indenture of Trust (Series 2003 Bonds) and under the.Indenture of Trust 2004 Bonds) and each financial institution acting as trustee under another Series Indenture;, and its respective successors, if any, appointed pursuant .to such Series Indenture; [(24)] 2g "State" means the State of New York; [(25)] 29 "State Aid Depository Fund" or "Fund" means the fund so entitled which is held by the Depository Bank and - is' described and provided for in this Agreement [.(26)] MO "State Aid Revenues" means the total amount of State aid to education annually appropriated by the New York State Legislature and paid to the School District or the City or any officer thereof, for the provision of public educational . instruction in the City together with earnings - on the investment thereof while in the custody of the Depository Bank; and [(27)] Q) "Superintendent'.' - means the Superintendent of the City- ,School District of the City of Buffalo." ,Section 4. Section 202(d) of the Original Agreement is hereby amended to read as follows language is underscored and deleted language is bracketed): "(d) . On or before - OctoberTS, 2003 for the Fiscal Year ending June 30; 2004, and on or .before July 15 of each subsequent. Fiscal 'Y'ear, the i Collecting Officer and the Chief Fiscal Officer shall prepare and deliver to the. -6- 472534.3 028256 AMD r r•r -� C' Depository Bank and each Series Trustee a certificate, substantially in the force of Exhibit A -I hereto (the "State Aid Payment Certificate' ), setting; forth (i) a . statement that the District has appropriated . an amount of State Aid Revenues necessary to fluid the District's Aggregate Facilities Payment Obligations for such. Fiscal Year,, [and] (ii) the total amount of State Aid Revenues expected to be received during the next Collection Period -and the Collection Percentage applicable to each month of such Collection Period and (iiDi a statement, developg4 with the assistance of #Ic District's Financial Advisor or a nationally - reco ized municipal securities underwriting firm settin forth the long-term debt rating of each Provider of a qualified Debt Service Reserve Fund Investment AgMement by each of Fitck Inc. Mood 's .Investors Service. Inc, and Standard & .. Door's Ratings Services, a division of The McGraw—Hill Companies Inc. However, in the event that the District shall not have appropriated such amount of State Aid_ Revenues in its adopted budget for such Fiscal Year the State Aid ' Payment Certificate for such Fiscal Year shall set forth a statement to such effect, ' shall not include any information regarding the collection of State Aid Revenues during. the Collection Period and shall be. substantially in the form of -= Exhibit A- 2 hereto. The&,after and not later than the end of the third business day immediately preceding March 31 of such Fiscal Year,, if circumstances warrant, the Collecting Officer and the Chief Fiscal Officer shall from time to time prepare and deliver to the Depository Batik a revised State Aid Payment Certificate setting forth, as appropriate (i) a statement that the District has, subsequent to adoption of its budget for such Fiscal Year, appropriated an amount of State Aid Revenues necessary to fund the District's Aggregate Facilities Payment Obligations for such Fiscal Year, or (ii) a revised total amount of State Aid Revenues expected to be ' received during the Collection Period for such Fiscal Year and, in either case, if applicable, Collection Percentages or revised Collection Percentages applicable to the remainder of such Collection Period." Section 5. Exhibits . A -i and A?2 of the Original Agreement are hereby amended to read as follows (additional language ' is underscored and deleted language is bracketed): - 7- 472534.3 028256 AMD " E:rh'bit A= State Aid Payment Certificate (Appropriation) ViaFai- ,4mile 716- 842 -4474 Manufacturers and Traders Trust Company, as Depository Bank and Series Trustee One M &T Plaza Buffalo, New York 14203 Attention: Corporate Trust Department Russell Whitley Ladies and Gentlemen: Re: State Aid Pavrnent Certificate Reference is made to the Amended and Restated State Aid Trust Agreement, dated as of December 1,.2004 (the "State Aid Trust Agreement'), among the City School District of the City of Buffalo (the "District ') and the City of BuffAo'and Manufacturers and Traders Trust Company, as Depository Bank, and Manufacturers and Traders Trust Company as Series Trustee (the "State Aid Trust Agreement"). All eapitalized terms not otherwise defined herein have the meanings attributed to them in the State Aid Trust Agreement. The District is delivering this letter as the State Aid Payment Certificate required by'the State Aid Trust Agreement, The District has appropriated an amount of Stato Aid Revenues- necessary to.fund the District's Aggregate Facilities Payment Obligations for Fiscal Year ending June 30, The total amount of State Aid Revenues expected to be received during the period from December 1, a through and including March 31,. 4' (the For the first certificate after closing of Phase 11, this letter should be delivered to the Depositary Bank on or . before July 15, 2005. ? For the first certificate after closing of Phase 11, this date would be June 30, 2406. A State Aid -Payment Certificate has already been delivered for the year ending June 30, 2005. 3 In the fast certificate after closing of Phase 11, this date would be December 1, 2005 (always the December 1, immediately preceding the FYE). -8- 472534.3 028256 AMD 1. 1 >Cj "Collection Period ") ss $ and the Collection Pereentage� for each month during the Collection Period is set forth below: 1. December 6 You are further advised that in consultation with f the District's Financial Advisor . a nationally reco zed - municipal securities underwriting I"um the Ion -tern. debt ratin of each rovider the "Provider" of a Q ualified Debt Service Reserve Fund Investment A ement by cacti of Fitch Inc. -Fitch' . Mood 's Investors Service Inc. "Mood 's" and Standard & Poor's Ratings Services a divi ion of The McGraw -Hill Com anies Inc. "S &P" is set forth below_ Name of Pro vider Fitch Rahn& Moody's Ratinr< S&P Rating s Compute by dividing the State Aid Revenues expected to be received in die particular month by the total amount of State Aid Revenues expected to , be. received during the Collection Period, and then expressing the result as a percentage. b A revised State Aid Certificate can he delivered for a fiscal year, no later than the 3rd business day preceding March 31 of that fiscal year. -9 4725343 028256 AMD 2. January 3. February % 4. March % 1 f - 4725343 028256 AMD 0 Exhibit A -2 State Aid Payment Certificate (Non - Appropriation) (Date) Via _Facsimilc (716- 842 - •4474) Manufacturers and Traders Trust Company, as Depository Bank One M &T Plaza Buffalo, New York 14203 Attention: Corporate Trust Department Russell Whitley - Ladies and Gentlemen: Re: State Aid Payment Certificate Reference is made to the Amended and Restated State Aid Trust Agreement, dated as of December 1, 2004 (the "`State Aid Trust Agreemenf), among the City School District of the City of Buffalo (the "District ") and the City of Buffalo and. Manufacturers and Traders Trust Company, as'Depository Bank, and Manufacturers and Traders Trost Company, as Series -Trustee (the "State Aid Trust Agreement"). All capitalized - terms not otherwise defined herein have file meanings attributed to them in the State Aid Trust Agreement. The District is delivering this'letter as the State Aid Payment Certificate required 'by the State Aid Trust Agreement. The District has not yet appropriated an amount of State Aid Revenues in its adopted budget for Fiscal Year ending June 30, for the payment of the Aggregate Facilities Payment Obligations for such Fiscal Year. � [Insert the following sentence, if appropriate. It is anticipated that the budget will be revised and an updated State Aid Payment Certificate will be provided.] You are further advised that in consultation with the MoQd 's Investors Service Inc. "Mood 's" and Standard & Poor's Ratin s Services a'division of 'Me McGraw -Hill Companies Inc. ("S &P ") is set forth below: _10- 472534.3 028256 AND 1. Name v Pr ovide r Fitch Rating Moody's Rating S&P Rating Very truly yours, Superintendent Section 6: " All references in the Original Agreement to "thus Agreemene' or words of similar import, and the terms "hereby ", "hereof', "hereto ", `therein ", "hereunder" anal any similar terms, as used in the Original.Agreernent, shall- be deemed to refer to Abe.original Agreement , as amended by this First Amendment to Agreement . Section 7. This First Amendment to Agreement may be simultaneously executed in several counterparts, each of which shall be an original and - all of which shall constitute one and the same instrument. Section S: The date of this First Amendment to Agreement shall be for reference purposes only and shall not be construed to imply that this First Amendment to Agreement was executed on the - date first above written. This First Amendment to Agreement was delivered and made effective on the Effective Date. 4725343 628256 AMD IN WI I'NESS WHEREOF, the parties hereto have caused this First Amendment to Agreement to be executed as of the day and year first above written. CITY 4F BUFFALO Andrew A. SanFi1' po Comptroller CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO By Florence Johnson, Press ent Board of Education MANUFACTURERS AND TRADERS TRUST COMPANY, as Depository Bank By Russell T. Whitley Assistant Vice President MANUFACTURERS AND TRADERS TRUST COMPANY, as Series Trustee By Russell T. Whitley . Assistant Vice President , -12- 472534.3 028256 AMD [ ------------- ] [MAJ- 51 [2/3 - 61 [3/4- 7] DAVIS FONTANA FRANCZYK GOLOMSEK KEARNS LOCUR.TO RIVERA RUSSELL SMITH *AYE* NO * * * * * * * * * * * * * fi * * * * * * * * * * * * * 9 * * * * * * fi * * * * * * * * 0006 i2l BY. MR. FRANCZYK Re: NYS EPF Grant Application 2009 for the Buffalo Scholastic Rowing Association's Community Rowing Center on the Buffalo River City of Buffalo, Erie County WHEREAS, the Buffalo Scholastic Rowing Association, Inc is applying to the New York State Office of Parks, Recreation and Historic Preservation (ORRHP) for a grant under the Environmental Protection Fund for a Community Rowing Center project to be located on the Buffalo River along Ohio Street, a site located within the territorial jurisdiction of this Common Council; and WHEREAS, As a requirement under the rules of these programs, said not - far - profit corporation must obtain the "approval /endorsement of the governing body of the municipality in which the project will be located": NOW, THEREFORE, be it resolved by this august body that the Common Council of the City of Buffalo hereby does approve and endorse the application of Buffalo Scholastic Rowing Association, Inc. for a grant under the Environmental Protection Fund for a water access recreational project known as Buffalo Community Rowing Center and located within this community. /17 David Franczyk 4 00063 BY: MR. FRANCZYK RE: REWARD FUND FOR EAST SIDE FIREBOMBING WHEREAS: Earlier this month the home at 28 Barthel was firebombed in the middle of the night presumably by criminals attempting to retaliate against activists of the Eastside Redevelopment Task Force, which is fighting to get crime and drugs out of their neighborhood, as well as clean up the wider community; and, WHEREAS: The firebomb perpetrators have apparently targeted well -known activist Darnell Jackson, who is doing all he can to revitalize his East Side community; and, WHEREAS: If verified, it is unconscionable that criminal urban terrorists can be so bold as to attempt to undo all the positive work which has been done to make the Barthel Street community a safe, clean, desirable place to live, which it largely is, and, WHEREAS: The firebomb did terrible damage to the house owned by Darnell Jackson, reportedly as a vicious "message" for Mr. Jackson and his neighbors to "back off" from fighting for their neighborhood; and, WHEREAS: Although there was no one living in the house Mr. Jackson was renovating, it very easily could have had people living in it, which could have greatly endangered human life and safety; and, WHEREAS: The City of Buffalo can and never will tolerate good people being targeted by criminal thugs, and the Common Council urges the Police Department and Fire Department do continue to do all in its power to capture these perpetrators and bring them to justice; and, WHEREAS: The City will not allow criminals to intimidate anyone from saving their streets, and invites the Police and Fire Departments to report to the Common Council on this and /or other retaliatory crimes they may be investigating ; and, WHEREAS: Additionally, the City currently has a reward leading to the conviction of individuals who illegally dump in Buffalo, as well as the recent gun buy back program; NOW THEREFORE BE IT RESOLVED: That the Common Council explore the possibility of creating a Reward Fund for person(s) giving information leading to the arrest and conviction of the Barthel Street fire bombers, as well as considering such a fund for certain violent crimes as they relate to intimidating or retaliating against block club organizers or organizations. BE IT FINALLY RESOLVED: That the suggestion to set such a reward fund be directed to the Law Department, Police Department, Administration and f=inance, Comptroller's Office, or any other germane city department. ,DKvid A Franczyk REFERRED TO THE COMMITTZE ON :LEGISLATION, . THE COMMISSIONER OF ADMINISTRATION AND FIN THE CORPORATION COUNSEL, THE COMMISSIONER OF DOLICE AND THE COMPTROLLER The COMMISSIONER OF FIRE AND THE DEPT OF EWNOKIC DEV> LOPNIE1s T, PERMIT`S AND INSPECTIONS � �r L- � BY: DEMONS A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Stacey Masullo Thomas Olejniczak Bernadette L_ Alessi Valerie A_ Young Catherine Hagner Melissa A. Kilcoyne Shauna Marrero Lynn Milligan Robyn M. Napierala Margaret Overdorf Elizabeth Scheer Jessica C. Smith Kim M. Sturm TOTAL 13 ADOPTED 9 00065 BY_ DEMONS A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: • Christine Jewitt TOTAL 1 ADOPTED ®0®66 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 "' floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev Committee on Legislation Tuesday, September 22, 2009 at 9:45 o'clock A.M. Tuesday, September 22, 2009 at 10.00 o'clock A.M. Tuesday, September 22, 2009 at 1:00 o'clock P.M. Tuesday, September 22, 2009 at 2:00 o'clock P.M. CPublic Disclaimer All meetings are subject to change and cancellation b the res eetive Chairmen of Council Committees. In the event that there is sufficient time iven for notification it will be provided. In addition there ma be meetings set a where6 the Cit Clerk's Office is not made aware therefore unless we receive notice from the res ective Chairmen we can onl snake notification of what we are made aware. ®000 ■ No. � F �3 Adjournment On a motion by Mr. Fontana, Seconded by Mr.�Kcaffts; the Council adjourned at 2 ' 0 / GERALD CHWALINSKI CITY CLERK Sept 15, 2009