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15-0414 (2)
COMMON COUNCIL CITY HALL ® BUFFALO April 14, 2015 AT 2:00 P.M. Present — Darius G. Pridgen, President of the Council and Councilmembers: Fontana, Franczyk, Qolombek, LoCurto, Rivera, Scanlon, Smith, Wyatt 9 Absent -None On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on March. 31, 2015 were approved. *AY T* NO FONTANA * * FRANCZYK GGLG FR * �/ [y® 5] [ 2/3 ® 6 [3/4- 7] * * * i April 14, 2015 FROM THE MAYOR ® EXECUTIVE DEPARTMENT I April 14, 2015 FROM THE BUFFALO ARTS COMMISSION April 18, 2015 DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 685 PASSED April 1, 2015 Arts Comm-Approval of Temporary Installation-Silent Poets Gerald A Chwalinski City Clerk C) (_q C.C. The Buffalo Arts Commission recommends that your Honorable Body approve the attached proposal for the temporary installation of " lient Poets" along Canalside. This proposal, from the Albright Knox Art Gallery, has been reviewed and deemed worthy of public display. SIGNATURE DEPARTMENT HEAD TITLE: Emerson Barr III ►, t W Albright -Knox Art Gallery, Public Art Initiative 1285 Elmwood Avenue, Buffalo, NY, 14222 Aaron Ott, Curator of Public Art (716) 270 -8246 aott@albrightknox.org Nature of Request Limited loan, installation of Jaume Plensa's Silent Poets at Canalside Details of the project please include the following information. Feel free to attach additional sheets as necessary 1. Description of proposed art /monument. Please include accurate technical drawings including measurements,' specific materials, photographs or renderings of the proposed work of art. Please indicate medium of creative work.. Please include multiple views of artwork as well as a rendering of concept shown in the proposed location (photoshop or oth IT method is the best way to accomplish this): See attached Albright- Knox Public Art Committee Proposal 2. Name of the artist: Jaume Plensa 3. Is it a plaque, sculpture, statue, decorative object, other? Two Sculptures Silent Poets (1) & ( 2), 2012 Polyester Resin, fiberglass, stainless steel, and light 314.96 x 60.24 x 51.57 inches (800 x 153 x 131 cm) each 4. Is the work temporary or permanent? Temporary, installation April 28 -May 1, 2015, deinstallation October 17 — 21, 2016 5. What is the significance of the proposed work? See attached Albright -Knox Public Art Committee Proposal 6. Specific site location of proposed donation by address. Please include a photograph and description of the proposed location as well as a map (Sanborn preferred) of the area. If there is more than 1 potential choice, please include all that are in consideration. Canalside at boardwalk. See attached images 7. Who is the owner of the site, e.g. City of Buffalo, New York State, BURA , private owner? City of Buffalo, contractual arrangements with Global Spectrum 8. Is the site in a park? no 9. is the site in a designated preservation district? no 10. Is the site in a park, public street, sidewalk or right -of -way? no 11. Will the project require lighting, water service or other utility connections? Electrical connections will need to be run to the footing. Engineering and electrical work will be provided by Watts Architecture and Engineering. Concrete footers will be provided by Thomann Asphalt Paving Corporation, Additional engineering specs will be provided by Peter Grace at Siracuse Engineers. Installation will be conducted by Mariano Brothers, Inc. Mariano Brothers installed these works previously and is familiar with how to manage the project. 12. Is there any text /copy associated with the project? If so please include exact wording and font. Identifying text will accompany the work. Exact specifications have not been reached. 13. Timetable for the execution of the project installation April 28 -May 1, 2015, deinstallation October 17 ® 21, 2016 14. An estimate of complete costs associated with the work, be sure to include monies for the ongoing maintenance of the proposed donation (10 %) Because this work is a temporary loan from a private collector to the Albright -Knox and will be contractually arranged with Canalside through Global Spectrum, all associated costs for delivery, installation, maintenance, deinstallation, and insurance are covered. The City of Buffalo nor the Buffalo Arts Commission are; responsible for ongoing maintenance or for damages to the work. 15. Source of funding: The Albright -Knox Public Art Initiative and Global Spectrum 16. How are the funds being raised ? (grant, donations) Foundational support from the Albright -Knox Public Art Initiative and Global Spectrum, loan from private collector Proposed Incoming Loan 8, Terms of loan: Works lent by Roberto Diaz Sesma for a period of 18 months (May 2015 - October 2016) and installed near Canalside Boardwalk (images and maps attached). Sesma is len in the works to the Albright-Knox for restri i ted installati i I Wi i i i i i 1-f(my Work: Two identical, internally-lit, resin figures symbolically converse by constantly chan lic 66" P i W.M 11-11 MIN family of totem works, the forms were inspired by holy ascetics and philosophers who contemplated humanity and preached to crowds seated atop pillars during the Byzantine Empire. Spirituality and the soul have long been areas of exploration in Plensa's artwork. Silent Poets presents a modern-day space for meditation and collective contemplations at Canalside. As Plensa explains, the "two silent figures are dreaming and talking with colors. They are sharing a silent conversation in the conversation from their hearts." Plensa is one of the world's foremost sculptors working in the public space, with more than 30 projects spanning the globe in such cities as Chicago, Dubai, London, Liverpool, Nice, Tokyo, Toronto, and Vancouver. Over the past 25 years, the artist has produced a rich body of work in the studio and the public realm. By combining conventional sculptural materials (glass, steel, bronze, aluminum) with more unconventional media (water, light, sound, video), Plensa creates hybrid works of intricate energy and psychology. Plensa's work takes many forms, from his delicately textured, intimate works on paper—like his 2005® 06 series of ethnographic portraits that resemble worn, 19th century photographs—to monumental outdoor sculptures like Nomade (2007) and a range of cityscape-altering public projects like the Crown Fountain in Chicago (2000-05). Plensa's work is invested in evoking emotion and stimulating intellectual engagement. By posing conceptual dualities in his work (inside/outside, front/back, light/dark), Plensa seeks to connect with his viewers on an intuitive level. Often, the C viewer participation, or the object /viewer relationship, is what completes Plensa's work. The winner of many national and international awards, Jaume Plensa has had solo exhibitions at the Yorkshire Sculpture Park, West Bretton, UK; Nasher Sculpture Cent a a dArt Modern #t Pi A France; the Arts Club of Chicago; Frederik Meijer Gardens and Sculpture Park, Grand Rap !. r. -• Reina Sofia -! • and Galerie National du J eu •• Par am ong many other He li an works in Barcel The Crown Fountain, which was unveiled in Chicago's Millennium Park in 2004, is one of Plensa's largest projects and, without doubt, one of the most brilliant. The w ork led to ommissio #! # to the list of # s ume Pb;myw�n s paces , right up to the most Roo 014 installed in the Toranomon district in Tokyo. The chosen location for the installation of the work is at Canalside near the boardwalks. This location will see even more traffic than it has in recent years due to the activation of a new pedestrian ferry this spring. The ferry will shuttle people from the inner harbor to Buffalo's outer harbor, a previously difficult location to access from downtown Buffalo. Silent Poets will be placed near this new point of access where it will act as great landmark for this vital civic space. Canalside is one of our region's most exciting, populated, and growing locations and is an ideal location for this artwork. This site is fast becoming one of our region's central public cultural spaces, hosting music, performances, and other events. The site is in close proximity to the First Niagara Center, HarborCenter and Buffalo's convention center, as well. The location sees well over a million visitors each year, and that number is growing. Our initiative saw great success last year with a small installation, and we are confident that Jaume Plensa's sculptures will only add to that growing attention. Electrical work for the installation will be provided by Watts Architecture and Engineering. Engineering specs will be provided by Peter Grace at Siracuse Engineers. Installation will be conducted by Mariano Brothers, Inc. Mariano Brothers installed these works previously and is familiar with how to manage the project. All costs for these services are being covered by Global Spectrum. Installation of the artwork is currently scheduled for April 28 ® May 1, 2015. Site preparations will begin in advance of these dates. See the attached images for more detailed location information. Can,l Sid, _ x Historic District lK E,w Canal barb.' D—I.pmc a Coq..''- eh-d,-- r k-,, & fiuhn Anhh— i Phase IA v M l i \ t\ 1 � t �I Wit TH �•�;��. - s is � Approval of Temporary Installation — Silent Poets (Arts) Mr. Smith moved: Than the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval That the Common Council hereby approves the proposal from the Albright Knox Art Gallery for the temporary installation of "Silent Poets" along Canalside for public display. PASSED AYES 9 NOES - 0 C:\ Users \clehneMppData\Local\Microsoft\Windows \Temporary Intemet Files\ Content.OmlookUSLILCIHS\Approval of Temporary Installation of artwork.docs * Y *CIO* FONTANA � T � MfflCZYK m �G LCD T * , * * _smm - WYAIT * [ ® 51 [/3 --61 - [3/4 - 7] U 0 FROM THE OFFICE OF CITIZEN SERVICES The Office of the Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for March 2015, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries requests and complaints received. RECEIVED Department Head Name: Oswaldo Mestre Jr. Title: Director, Citizen Serv ., Signature of Department Head: k j'� x 1 1i 2 t FROM THE OFFICE OF STRATEGIC PLANNING DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 687 Lease Portion of Hannah St(Fill) I Gerald A Chwalinski City Clerk # 2 MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: March 24, 2015 Lease Portion of Hannah Street �:illmore District The Office of Strategic Planning, Division of Real Estate, has received a request from Shari Tona, Administration Manager • Simrex Corporation located at 1223 William Street requesting to lease approximately 2,162 sq. ft. at the dead end portion of Hannah Street. Previously, 1175 William Street, LLC was leasing this portion of Hannah Street from the City. Simrex Corporation purchased 1223 William from 1175 William Street, LLC and wishes to continue to utilize the street. The parcel consists of approximately 2,162 square feet of land. The property will be used for parking, access to the back of their property and for security purposes. The Department of Public Works Parks treets as een contacted and they have no objections providing certain conditions are met suc as t e access to maintaining underground utilities, no permanent structures are to be built • the property, lessee is to maintain and keep property clean and clear of snow and debris and provide required liability insurance. Al 61; r - dl� C:LEASE;Hannah Street Lease Council Item for Simrex Corp. Lease a Portion of Hannah Street (Fill)(Strat Plan) Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated March 14, 2015, be received and filed; That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate, to enter into a lease agreement with Shari Tona, Administration Manager of Simrex Corporation, located at 1223 Williams Street, to lease approximately 2,162 sq. ft. of the dead end portion of Hannah Street to be used as a parking lot, access to the back of their property, and for security purposes. This portion of Hannah Street was previously leased by 1175 William Street, LLC. Simrex Corporation purchased 1223 William Street from 1175 Williams Street, LLC and wishes to continue to utilize the street. Ms. Tona, on behalf of Simrex Corporation, agrees to pay an annual rental of $250.00. The lease terms shall include, but not be limited to, the following conditions: 1. The lease terms shall be for a five (5) year period. 2. Simrex Corporation has the right to, subject to City's prior approval and further subject to Simrex Corporation's procurement of the required permitting, to install appropriate gated security fencing at the property at Simrex Corporation's sole expense. 3. The annual rental fee of $250.00 is payable on the 1 St of April of each year. 4. The lease is subject to cancellation at any time by the City upon 30 days written notice to Simrex Corporation. 5. Simrex Corporation agrees to maintain the property at their sole expense during the term of the lease, including keeping the property free and clear of all snow, ice and debris. 6. Simrex Corporation shall comply with all requests and instructions from the City concerning inspection, etc. 7. Simrex Corporation shall provide open access to the property to the City and to all utility companies, with the City and utility companies having the right to maintain, repair and/or replace the utilities that are in, on, under or near the leased property. 8. Simrex Corporation shall not build or construct any permanent structure on the property without prior written approval of the City. 9. Simrex Corporation agrees to hold the City harmless. Type and amount to be determined by the City's Law Department. That the Common Council hereby approves the lease agreement between the City of Buffalo and Simrex Corporation upon the above terms and conditions; and that the Common Council hereby authorizes the Corporation Counsel to prepare the necessary lease agreement; and that the Common Council hereby authorizes the Mayor to execute same. M !% :. Y , AYE* N U . . . LONTANA . . d \\\CZY 0LO /B£ƒ - . . LUCURTO° ' * * . LRI GEN ® * \ m RA . LC NLON . . A ® + ■ . [ ` ±] . . .. [l - 6] > . [4. 71 . - DEAR 1R: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 688 PASSED April 14, 2015 Renew Lease Agreement Btwn COB & Bflo Society of Natural Sciences for Use of 1020 Humboldt Pkwy e.. • " Chwa linski "-�iity Clerk FROM DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Renew Lease Agreement Between the City of Buffal and the Buffalo Society of Natural Sciences for use 1020 Humboldt Pkwy. (a.k.a. P No ortion • 175 rth Parade) I The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. Laurence Rubin Attornep on behalf of the Buffalo Museum of Science requesting to renew their lease agreement for use of 1020 Humboldt Parkway ( also known as a portion of 175 North Parade). The currently lease expires on April 30, 2015 and they are requesting to renew the lease for an additional 5 year period commencing on May 1, 2015 and expiring on April 30, 2020 all;other terms and conditions of the expired lease shall remain. The lease terms shall include but not limited to the following: ME MADE THIS day of 2015, by and between THE CITY OF the laws of the State of New York, having its principal office at 1020 Humboldt Parkway, Buffalo, New York 14211 (hereinafter referred to as the "Museum"). WITNESSETH: WHEREAS, the City, as landlord, and the Museum, as tenant, have entered into a series of lease agreements for the real property located at 1020 Humboldt Parkway, Buffalo, New York, and commonly known as the Buffalo Museum of Science, with the most recent lease agreement having been entered into for the period of May 1, 2000 through and including April 30, 2005 (the "Lease") and renewed for two subsequent terms through and including April 30, 2015; and WHEREAS, the City and the Museum desire to renew and extend the Lease for the period from May 1, 2015 through and including April 30, 2020; and WHEREAS, per Item No. of the Common Council of the City approved an extension and renewal of the Lease for an additional term commencing retroactively on May 1, 2015 and terminating on April 30, 2020 upon the terms and conditions as set forth herein. NOW, THEREFORE, upon the mutual promises and conditions contained herein, the parties mutually agree as follows: FIRST: That the Lease entered into by and between the City and the Museum for the improved property located at 1020 Humboldt Parkway, Buffalo, New York, a copy of which is attached hereto and incorporated herein, is hereby renewed for an additional term commencing retroactively on May 1, 2015 and terminating on April 30, 2020. SECOND: That all other terms and conditions contained in said Lease are continued in full force and effect. IN WITNESS WHEREOF, the respective parties hereby have caused this Lease Renewal to be signed by their respective officers the day and year first above written. THE CITY OF BUFFALO By: Byron W. Brown, Mayor M Mark Mortenson, President and CEO 0 STATE OF NEW YORK SS.: COUNTY OF ERIE On the day of in the year 2015, before me, the undersigned, personally appeared MARK D. MORTENSON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK )SS.' COUNTY OF ERIE On the day of in the year 2015, before me, the undersigned, personally appeared BYRON W. BROWN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 09107/31303/440752.1 0 'TT S'T ` STATE OF NEW YORK COUNTY OF ERR } S: Can the da of in the year 20 o, before one, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to nee that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument: k ME R t �. + r i i ,, t F,< a „! t� i.t. + � =S f�► lmm� �'� sm mWo s o ME Im SIM No Renew Lease Agreement between the City of Buffalo and the Buffalo Society of Natural Sciences for use of 1020 Humboldt Parkway a/k/a Portion of 175 North Parade (Masten)(Strat Plan) Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated March 24, 2015, be received and filed; That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate, to renew the lease agreement between the City of Buffalo and the Buffalo Society of Natural Sciences (the "Society") for use of 1020 Humboldt Parkway (also known as a portion of 175 North Parade). The current lease expires on April 30, 2015, and this request is being made to renew the lease for an additional five (5) year period commencing on May 1, 2015 and expiring on April 30, 2020. All other terms and conditions of the expired lease shall remain. The lease terms shall include, but not be limited to, the following: 1. The annual rental fee shall be $1.00 and no more. 2. The City shall be responsible for only those items which can be covered by a bond issue, including additions to the building and/or reconstruction, as defined by the New York State Finance Law, and any other capital improvements necessary to keep the building and the premises and grounds thereof and all facilities, equipment and appurtenances thereof in good, safe and sound condition and repair, including, but not limited to: a. Replacement of roofing, gutters, conductors, fences, sidewalks and sewers. b. Replacement of heating, ventilation and air conditioning equipment. c. Keeping the roadways, sidewalks, grounds and approaches in good condition and passable for use. 3. The Society shall perform all ordinary and minor repairs necessary to keep and maintain the building and the premises and grounds thereof and all the equipment, fixtures and appurtenances thereof in good, safe and sound condition and repair. Such maintenance by the Society shall include, but not be limited to, the following terms: a. Furnish and install light bulbs, tubes or fuses. b. Make minor repairs to plumbing, i.e., replace faucet bibs, adjust or replace closet valves, remove stoppages in sink traps and toilet bowls. c. Make adjustment and minor repairs to oil and gas burners, heating equipment and air conditioning. d. Do routine glazing. e. Adjust and repair door locks and door check. f. Do all interior painting. g. Provide housekeeping maintenance to keep the said premises in a clean and sanitary condition. 4. The Society shall not assign the lease nor sublet all or any part of the building without the prior written consent of the City, which consent shall not be unreasonably withheld. Notwithstanding the foregoing sentence, groups, societies or other entities which are affiliated with the Society may occupy portions of the building without the City's prior written consent. 5. The cost of utilities shall be governed pursuant to the provisions contained in a separate agreement between the Board of Education of the City of Buffalo and the Buffalo Society of Natural Sciences, Inc., such agreement made on January 28, 1998, and commonly known as "Phase 11 Agreement". 6. The Society shall provide liability insurance and hold the City harmless from any and all liability, in an amount determined by the City's Corporation Counsel's Office. 7. Subject to any other terms and conditions deemed necessary by the City of Buffalo's Corporation Counsel's Office. That the Common Council hereby authorizes the Corporation Counsel to prepare the necessary documents to renew said lease and that the Common Council hereby authorizes the Mayor to execute the same, PASSED TA%p60URP \COUNCIL\2015 Meetings104 -14 -15 meeting\Renew Lease Agreement - Science Museum.docx 'AYE* N 'TAN * m F CZY ERID RIYLRA yy Y [ ] // d 6 [3/4 7] DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 689 Report of Sale-1391 Genesee(Fill) City Clerk CO The Office of Strategic Planning, Division , °f :2 22 »3 - a< received a request from Mrs. Betty Walker, 101 Wasmuth, Buffalo, New York 14211 to purchase 30' portion of 1391 Genesee Street. Mrs. Walker intends to use the property or a dit onal green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. ,re no building code violations taxes or other liens owed to the Citwr of Buffalo b 'the purchaser. A market analysis performed by the Division of &eal Estate showing similar sales in the � ®= range from Forty © Cents ($.45) to One Dollar ($1.00) per square foot. Mrs. Walker has agreed and is prepared to pay One Thousand Nine Hundred Dollars ($1,900), Thirty Five Cents ($.35) per square foot for the subject property. I am recommending that Your Honorable Body approve the sale of 30 Portion of 1391 Genesee to Mrs. Walker in the amount of One Thousand Nine Hundred Dollars ($1,900). 0 Page #2 1391 Geneses Mare 24, 2015 1. Mrs. Walker agrees to pay for all closing costs associated with the transfer of titl&- DEPARTMENT y i NA CRN:plg C: inrem /privatesale30'portionl391 Genesee L� Report of Sale -- 1391 Genesee Street (Fill) (Strat Plan) Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated March 24, 2015, be received and filed That the offer from Mrs. Betty Walker of 101 Wasmuth, Buffalo New York 14211, in the amount of One Thousand Nine Hundred Dollars ($1,900;00) for the purchase of a 30` portion of 1391 Genesee Street be and hereby is accepted, That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser, and that the purchaser agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property; 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. PASSEL) k. C: \Usermmcin ski\ AppDat. NL..I\Microsofl\ \VindowstTempomry [ntemet Files \Content.Outbok\OX32QV W6U2eport of Sale -1391 Genesee.d— ° A' *; AYE* No EONTANA MANCZYK K F TT 11 LRIDGEN T RWERA j Y T T fi g $, d 9 Tr T /3 d j [ 3/4 - 7 ] DEAR SIR: . `. . . Pursuant t. the provisions of Section 19 of the Charter, I present herewith the Cached resolution 40m. &o. 690 2 . Report of Sale- 69 Hamilton(North) ■tssL+ §« :+ ;? 2f44*2 - »» City Clerk \/( / j 2 0 � �2? :., � . = 0 0 #1 (Rev. 1193) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: March 24, 2015 The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty Cents ($.60) to One Dollar Fifty Cents ($1.50) per square foot. Mr. Halimy has agreed and is prepared to pay Four Thousand Dollars ($4,000), 0 Dollar Forty Seven Cents ($1.47) per square foot for the subject property. I I am recommending that Your Honorable Body approve the sale of 69 Hamilton to Mr, HAlimy in the amount of Four Thousand Dollars ($4,000). O A I CRN:plg C:inrem/privatesale69 hamilton Report of Sale — 69 Hamilton (North) (Strat Plan ) ' Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated March 24, 2015, be received and filed; That the offer from Mr. Nairn Halimy of 184 East, Buffalo, New York 14207, in the amount of Four Thousand Dollars ($4,000.00) for the purchase of 69 Hamilton be and hereby is accepted; 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 C:\ Users \imcinskiWppDataU..ocai\Microsoft \Windows \Temporary Intemet Files \ContenlOudwk\OX32QV W6\Repon of Sale -69 Hamilton.docs ® 4Y\ * &U\ . . ; «... \ ° {ONTANk /:ANCZY *. . ` 9 O- / \ . < LOC RTO ! + * \ . . . /\ \ q N . WE . §C\ tON AT . \ -5] [2} 6 ] . [3/4 . 71 DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. A I Report of Sale-63 Harmonia(Fill) El City Clerk APR 2 3' '2015 U , Jk #2 (Rev. 1/93) Multiple Page Communication to the Common Council The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. March 24, 2015 Report of Sale 63 Harmenia Mr. Yousef has agreed and is prepared to pay Sixty Five Cents (.65) per square foot for a total of One Thousand Five Hundred Dollars ($1,500) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. . it , l i.-me' Report of Sale — 63 Harmonia (Fill) (Strat Plan) Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated March 24, 2415, be received and filed; That the offer from Mr. Tony R. Mojib of 57 Harmonia, Buffalo, New York 14211, in the amount of One Thousand Five Hundred Dollars ($1,500.00) for the purchase of 63 Harmonia be and hereby is accepted; That the transfer tax, recording fees and cost of legal' description shall be paid by the purchaser; and That the Office of Strategic Planning be <authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED i C:\ Users tlmcinsld\AppDala\Local\Micmwft \Windows \Temporary Intemet Ffls \Content.OWlook \OX32QVW6\Report of Sale -63 Har oniadoca ki * AYE O LTAN L K T L `w+. _ & ' Y B N RBIRA TT my SCANtON T T S L�� 1 [/ [3/4 m 7) April 18, 2015 DEAR SIR: Pursuant to the provisions of Section 3 ®1 of the Charter, I present herewith the attached resolution item. No. b Report of Sale-45 Mills(Fill) 31 WWWWWWMIMM". City Clerk APPROVED I A IMIR , 1 .3' say /� �� \ zee « of Strategic Planning Land Use Planni mmitte« Division of Permit and Inspection Services % an the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes orb her liens owed to the City of Buffalo by the purchaser. ma rk analysis performed by the Division of Real Estate showing similar sales in thm area range from Thirty Five Cents ($.35) to Seventy Five Cents ($35) »® square fool Mr. and Mrs. Karyczak h» < ». eed and is prepared to pay Fifty Three Cents ($.53) per square foot for a total of One Thousand Eight 2� # ®# Dollars ($1,800) for the above referenced property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am that Your 2on» approve e :<leof4 5 M ills re comm e nd i ng E m t u f ■ » »- # � Hundred Do f "k ■| 4 Mr an Mrs. < ».ykk w f urt h er recommend t /2fe o S P p e neces !■< «me < for the t ■t and .._ k . 4 <f »4.,� ■f authorized # !x! <.e . - ,» - f L*�M Report of Sale — 45 Mills (Fill) (StratPlan) Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated March 24, 2015, be received and filed; Than the offer from Mr. Walter Karyczak and Mrs. Rose Karyczak of 47 Mills, Buffalo, New York 14212, in the amount of One Thousand Eight Hundred Dollars ($1,$00.00) for the purchase of 45 Mills be and hereby is accepted; 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 C :\Users\lmcinski\AppBataV.ocaIMcro ft \Windows\Temporary Intemet FileXContent. OuUwkXOX32QVW6 Uieport of We=45 Mills.docx !AA / / * &q* i FONTANA \ \ \ \/Z \\ O O\\ /£. \® t ■ . . �\ LO-C � ! . . .\ . ƒ \\G / dLA . ©. &C /2\ON 2 * *2 ¥ \ .. .. i AJ-51 [ 21] - § ] . [314 - 7] t } DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. Report of Sale -186 Stanislaus(Fill) WO M.. WWI F RIT 7. MITI City Clerk -02 The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Atiqur Rahman, 178 Stanislaus, Buffalo, New York 14212 to purchase 186 Stanislaus Ave. Mr. Rahman intends to use the property for a new home. . Mr. Rah man has provided proof of financial ability to complete the purchase and construction. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. her are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. INFO For- r.mr.,p Mr. Rahman has agreed and is prepared to pay Three Thousand Two Hundred Dollars ($3,200), Fifty Cents ($.50) per square foot for the subject property. Am no LOU Kro I Lem STUOM It 111 Lf I rRom Ins] 1 r, 1 ust I 71imat "I I DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECTOR OF REAL ESTATE OFFICE OF.-STRATEGIC PLANNING CRN:plg C:inrem/privatesale186 stanislaus Report of Sale —186 Stanislaus (Fill) (Strat Plan) Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated March 24, 2015, be received and filed; That the offer from Mr. Atiqur Rahman of 178 Stanislaus, Buffalo, New York 14212, in the amount of Three Thousand Two Hundred Dollars ($3,200:00) for the purchase of 186 Stanislaus be and hereby is accepted; That the purchases agrees to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and recording fees, and that the purchaser agrees to provide a signed full release and indemnity to the City as to environmental and other matters regarding the property; 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 C:\ UsersUme Lisld\ AppDat a\Local\Micm.ft \WindowslTemporary Internet Files\Content.Otidwk \OX32QV W6lReport of Sale -186 Stanislaus.d— AYE* NO ONTAN . T m MMCZYK ETA � LV d V RRI T +t+ T RIURA g T y $ 4db WN f A T yy T ] T T C I [213 [314 - 7] The Office of Strategic Planning Land Use Planning Committee, Division of Permit an-# Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in t area range from Fifty Cents ($.50) to One Dollar ($1.00) per square foot. I ■ I am recommending ! orable Body approve for amount of Three Thousand One Hundred Dollars ($3,100) to Mr. Cisse. I am further recommending that the Office of Strategic Planning prepare t e necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRE :D TO THE COMMITTEE } DEEVELOP April 14, 2015 CERTIFICATE OF DETERMINATION BY THE COMPTROLLER DETERMINING THE TERMS, FORM AND DETAILS OF ISSUANCE OF $30,478,985 GENERAL IMPROVEMENT SERIAL BONDS -2015 OF THE CITY OF BUFFALO, NEW YORK, AND "PROVIDING FOR THE PUBLIC SALE THEREOF I, Mark J. F. Schroeder, Comptroller of the City of Buffalo (herein called the "City ") in the County of Erie, State of New York (the "Slate ") HEREBY CERTIFY AND REPORT that pursuant to the powers and duties delegated to me, the chief fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October, 1945, and pursuant to Resolution No. 160, duly adopted on the 1st day of November, 1994, which resolutions are in full force and effect and have not been modified, amended or revoked, and subject to the limitations prescribed in said resolutions, I have made the following determinations: (1) Authorization Principal Amount Maturi Schedule Issue Date and Designation (a) Bonds of the City (the "Bonds ") in the respective principal amounts as set forth in Appendix A (which is hereby made a part hereof), for each purpose as set forth in such Appendix shall be issued pursuant to the bond resolutions duly adopted by the Common Council on their respective dates as set forth in Appendix A, and shall mature, with substantially level or declining debt service, on April 1 in the aggregate principal amounts and in each of the years as detailed in the amortization schedules in Appendix A. The weighted average period of probable usefulness for said bonds is hereby determined to be 11.89 years as detailed in the attached schedules in Appendix A hereto. $6,356,089 of the proceeds of the Bonds, together with $1,011,310 current funds of the City, will be applied to redeem a $7,367,399 portion of the City's bond anticipation notes maturing on April 29, 2015 and $23,722,896 of the proceeds of the Bonds will be applied to provide new original financing for each of the respective purposes as set forth in Appendix A. 1 (b) All of said bonds hereinabove referred to in Appendix A, row I shall be combined, for the purpose of sale and issuance into a single issue of serial bonds in the aggregate principal amount of $30,078,985 and each of said Bonds shall be designated "General Improvement Serial Bonds-2015". (c) Such maturity schedules may be revised following the sale of the bonds, in accordance with the Notice of Sale referred to hereinafter, to meet the requirements of substantially level or declining debt service. Any such revised maturity schedule will be set forth in the Certificate of Award filed with the Common Council after the sale of the Bonds.. (2) Interest Rate. Dates and Medium of Payment. The Bonds shall bear interest from their date at a rate or rates per annum necessary for the City to sell said Bonds, the bidder to name a rate or rates of interest in multiples of one - hundredth of I% or multiples of one- eighth of I% which the Bonds are to bear, and said bidder may state different rates of interest for Bonds maturing in different calendar years; provided, however, that only one rate of interest may be bid for all Bonds maturing in any one calendar year and the highest rate of interest stated for any maturity may not exceed 5.5% per annum. In no event shall the true interest cost for the issue received by the City exceed 5.0 %. The exact rate or rates of interest shall be determined by the undersigned Comptroller upon the receipt of bids therefor, as hereinafter set forth, payable on April 1, 2016, October 1, 2016 and semi - annually thereafter on April 1 and October 1 in each year until maturity, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by wire transfer or in clearinghouse funds by Manufacturers & Traders Trust Company (the "Fiscal Agent ") to the person in whose name the bond is registered at his address shown upon the books of the City kept for the purpose at the offices of the Fiscal Agent, as of the close of business on the fifteenth day of the month preceding each such interest payment date. The Bonds are not subject to redemption prior to maturity. (3) Bond Insurance If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of a bidder, the purchase of any such insurance policy or the issuance of any such commitment therefor shall be at the sole option and expense of such bidder and any increased costs of issuance of the Bonds resulting by reason of the same, unless otherwise paid, shall be paid by such bidder. Any failure of the Bonds to be so insured or of any such policy of insurance to be issued, shall not constitute cause for a failure or refusal by the purchaser of the Bonds to accept delivery of and pay for said Bonds in accordance with the terms hereof. (4) Denominations, Numbers and Letters The Bonds maturing in each year shall be issued as fully registered bonds in denominations of $5,000 or any integral multiple thereof, except for one necessary odd denomination maturing in the year 2016, not exceeding the aggregate principal amount of Bonds maturing in such year. Purchasers will not receive certificates representing their interest in the Bonds. The 2015 Bonds shall be lettered R, and shall be numbered separately from one (1) consecutively upward in the order of their maturity. All of the Bonds shall be transferable and exchangeable as provided herein. (5) Book -Entry System The Bonds when issued shall be (i) registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ( "DTC "), and (ii) deposited with DTC to be held in trust until maturity. Only one Bond will be initially issued for each maturity in the aggregate principal amount of such maturity. DTC is an automated depository for securities and clearinghouse for securities transactions, and will be responsible for establishing and maintaining a book -entry system for recording the ownership interests of its participants, which include certain banks, trust companies and securities dealers, and the transfers of the interests among its participants. The DTC participants will be responsible for establishing and maintaining records with respect to the beneficial ownership interests of individual purchasers in the Bonds. Individual purchases of beneficial ownership interests in the Bonds may only be made through book entries (without certificates issued by the City) made on the books and records of DTC (or a successor depository) and its participants, in the denominations of $5,000 or any integral multiple thereof, except for one necessary odd denomination maturing in the year 2016. Beneficial owners of the Bonds will not receive certificates representing their respective interests in the Bonds. Principal of and interest on the Bonds will be payable by the Fiscal Agent by wire transfer or in clearinghouse funds to DTC or its nominee as registered owner of the Bonds pursuant to the Blanket Letter of Representations dated December 1, 1995 between the City and DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. (6) Discontinuance of Book Entry Syste In the event that (a) DTC determines to discontinue providing its service with respect to the Bonds by giving notice to the City and discharging its responsibilities with respect thereto under applicable law, and the City fails to appoint a successor securities depository for the Bonds, or (b) the City determines to discontinue the system of book-entry transfers through DTC (or a successor securities depository), then bond certificates shall be delivered to the beneficial owners upon registration of the Bonds held in the beneficial owners names. After such registration the beneficial owners t.! shall become the registered owners of the Bonds. In such event, the Comptroller of the City shall execute a Supplemental Certificate of Determination which will set forth the terms, form and details of issuance of such bond certificates. (7) Fiscal Agent Manufacturers & Traders Trust Company, Buffalo, New York is hereby appointed as Fiscal Agent for the Bonds pursuant to, and to act in accordance with, applicable provisions of the Law and the Enabling Resolution of the City of Buffalo, adopted by the Common Council on March 8, 1977. (8) Execution of Bonds The Bonds shall be executed in the name of the City by the manual signature of the Comptroller, and shall have the corporate seal of the City, or a facsimile thereof, affixed, imprinted, engraved or otherwise reproduced thereon. (9) Transfer of Bonds Each Bond shall be transferable only upon the books of the City, which shall be kept for such purpose at the office of the Fiscal Agent, by the registered owner thereof in person or by his attorney duly authorized in writing, upon surrender thereof together with a written instrument of transfer satisfactory to the Fiscal Agent duly executed by the registered owner or his duly authorized attorney. Upon transfer of any such Bond, the City shall issue in the name of the transferee a new Bond or Bonds of the same aggregate principal amount and maturity as the surrendered Bond. The City and the Fiscal Agent may deem and treat the person in whose name any Bond shall be registered upon the books of the City as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the Fiscal Agent shall be affected by any notice to the contrary. (10) Regulations With Res ect to Exchan es and Transfers In all cases in which the privilege of exchanging or transferring Bonds is exercised, the City shall execute and deliver Bonds in accordance with the provisions hereof. All Bonds surrendered in any such exchanges or transfers shall forthwith be cancelled by the Fiscal Agent. For every such exchange or transfer of bonds, the City or the Fiscal Agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, and may charge a sum sufficient to pay the cost of preparing each new bond issued upon such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The City shall not be obliged to make any such exchange or transfer of Bonds between the fifteenth day of the month preceding an interest payment date and such interest payment date. (11) Sale of Bonds The Bonds shall be sold upon sealed proposals to be received by the undersigned Comptroller on April 15, 2015 until 11:00 a.m. (local time), via iPreo's Parity Electronic Bid Submission System ( "Parity ") or by facsimile transmission, pursuant to the Notice of Sale in substantially the form as provided in Appendix B, which shall be published at least once in "The Bond Buyer " published in the City of New York, not less than five (5) nor more than thirty (30) days prior to the date of said sale. Award of the Bonds will be made by the City Comptroller. Delivery of the Bonds shall be effected on or about April 28, 2015, upon (i) receipt by the City of the purchase price of the Bonds in Federal Funds, and (ii) deposit of the Bonds with DTC to be held in trust until maturity (12) Form of Bonds Said Bonds shall be in substantially the form set forth in Appendix C hereto. (13) SEC Rule 15c2 -12 In order` to assist bidders in complying with Rule 15c2 -12 promulgated by the Securities and Exchange Commission and as part of the City's contractual obligation arising from its acceptance of the successful bidder's proposal for each series, at the time of the delivery of the Bonds the City will provide an executed copy of its "Undertaking to provide Continuing Disclosure" in substantially the form set forth in Appendix D hereto. Said Undertaking will constitute a written agreement or contract of the City for the benefit of holders of and owners of beneficial interests in the Bonds, to provide to the Electronic Municipal Market Access ( "EMMA ") System implemented by the Municipal Securities Rulemaking Board established pursuant to Section 1513(b)(1) of the Securities Exchange Act of 1934, or any successor thereto or to the functions of such Board contemplated by the Undertaking, the annual financial information and timely notice of the occurrence of certain events, as enumerated in said Rule 15c2 -12, RECEIVED AND FILED J A. APPENDIX A 2016 BOND SALE Objector Purpose 1 Fire Apparatus - Purchase -- 2 Kenmore Avenue Reconstruction (M.In-stad.) Fire Station Rehabilitation - Various 4 Hatch Restaurant Additions & Alterations 5 Library Improvements Various 6 Major Municipal Buildings Reconstruction/pienovar, on 7 a - Park Imp ants Various B I D. D I thori-fion Law Section JAMounial'Authorization - 2/19/13 fil 1.00 a 27 500,000 2/19t13 2119/13 11 �00 a 90 401) 01 1; 1 2719/13 1369 11.00 a go 347.750 ! ...... M9/13 00 a 12 a 2 400000 Poll. Prod- R .... U- - 2119113 2/19/13 11.00 a 90 11.00ali) c 400.000 1,823900 $ 364,084 $ 1,660,1 F. Authorized and Unissued (After Bonds Issued 0 979 p 0 0 0 0 0 G. Data. & -- 384.084 $ $ 1.660,130 /201 Ort ' al issue Date 4r281201 4/2812015 U 412812015 4/28/2015 4130/2013 412812015 4130/2013 H. Period of Probabte Usefulness 20 1 0 - 10 151 0 10 Remainin, PPU 20.00 10.00 10.00 15.00 G 10.00 13.01 Wei 10 ODD 000 $725000 000,000 .01 1 .97 057 .005 $3.477 5Q0 $4,208963 4,000,000 $19.191,809 Par Amount of Bonds to be Sold Bond Maturities 500,000 $ 500.000 1.711% 72,500 0.248% -..--" -400,000 $ -- -- An. W. ----1.369% 470.467 $ 470 467 $ -34-_775-0 323,630 323,630 107 400,000 1,475.671 S 400,000 - $ 1A75.671 1.36n 5.049-A 2014 BAN Principal Payment 2015 BANS Principal Payment $ 35,916 $ 163,770 _ 2016 .1 z 20.1 20 9 ' 2020 1 2021 W og 20241 2 20251 2028 $ 43,380 13 3 L 541 .139 44,738 45.508 46 9 47 W 48,759 49.956 6,291 $ 6,251 $ 6,313 $ $ $ 6599 $ 6.896 $ 7 070 $ 7 34,706 $ 1 $ 34,832 35,311 $ 3_5 790 s 37,159 IK 38,049 $ _39 007 39 965 $ 40,818 $ 40.325 1 40,566 $ 40,969 41,532 42,096 $ 42,820 43,705 $ 44,752 $ 45,879 $ 47,005 $ 30,172 $ 29.806 $ 29985 30.282 30,699 31 1`15 $ 31651 A- 32305 $ 33079 $ 33,912 $", 34,744 $ 40,454 $ 28,079 $ 27.739 $ 27,905 $ 28.182 $ 28,570 28957 $ 29455 $ 30065 $ 30784 $ 31.559 32335 $ 1 B4,459 $ 34,706 $ 128,030 $ 34.285 $ 126.483 34490 $ 127.241 34.832 128,503 $ 35311 $ 130,270 $ 35790 $ 132037 $ 36406 134 390 $ 37.159 - i - 38049 $ 140,369 $ 39007 $ 143,903 39965 147438 Total 1 1 $ 500,000 $ 72500 $ 400.000 $ 470,467 $ 347 T 323,630 $ 400.000 1 $ 1,475,671 Check 1 50% Rule Proof 0 1.17 0 1.17 0 1.17 0 117 1.17 0 1.4 1.17 01 1 AS Page 9 of 5 Page 2 of 5 APPENDIX A 2016SONDSALE 9 - 10 11 12 -13 - 1 4 1516 17 is 19 20 A. B. C. D. Object or Purpose Data ofAthoriz-allon Local Finance Law Section Amount of Authoflzation Public - Alt Restoration[C nserva Van _7J, 9/13 ql 1.00 a 76 238,610 Tree Removah; & Plantin s - Cl wldc 2JI9113 §11.00 a 5 71 st 642.000 Buffalo and Erie County Historic Society Electrical Upgrade 8 91 10115113 - - 5 530,000 'paRce Vehicles - Purchase __T1_8_/14 --- al 100 a 77 1 070.000 Streets - Purchase - 2/18/14 00 a 28 900,000 Colvin -Est Estates Road Construction - Phase 11 2 11:00 a 20 500.000 Niagara Street Gateway 11.00 a 90 508,250 Rolls to Tralls (North Buffalo) 11/12/14 1 1.00 a 19 C) 428,000 Street Lighting Citywide 18/14 11.0085 400.000 . Traffic Building Signals Improvements Improvement (Environmental 2/i8114 2118114 TD' 112 11.00 a 12 a 2 00 0 535000 E _Qa_..n.Wa Lovejoy Pools Improvements 11.00 a go 482750 E. Amo unt �of Previous �Eoffowinir $ 217,185 __ S 63 1 �07 0000 .000 508,250 400000 , $ 200 C nnn 00 $ 482,750 F. Authorized and Unissued After Bonds Issued 0 0 0 0 0 0 0 G. Dates & Amis. of Previous Borrowings $ 530,000 -$ .1 _070-000 500, S 508,250 $ 400.000 200,000 $ 535.000 $ 482,750 412812015 Ore ilinal Issue 413012013 4/28/20 4!29/2014 :::! 4/29/2014 4/29/2014 4/28/2015 4129/2014 4129/2014 412912014 H. Period of Probable Usefulness 90 30 __ 1 5 i0 15 30 2U 10 Remain! PPU 8.01 5.00' 0l) 2 0 14.00 00 9.00 15.00 29.001 19-00 14. _1J00 193,054 193,054 0 .661% 642,000 642,000 1 2 - ---------------- 1.197 . - $13 477,000 477.000 .. ..... .. 1.632% J: 428 r '22 _S-14286221 713,334 1 713 .334 __V1.342.219_ $6301233 450,000 450.000 1,540%1 $4.118,078 457,425 $ 457.425 1.565%. $6,420.000 428,000 S 428,900 % 1,464 360,000 $ 360.000 1,232% $6.742 180,000 481,500 180,000 $ 481,500 0.616% 1 .648% $3911.465 434,475 $ 434.476 1.467% I. - Par Amou ofBondstobeSold 810,000 $ $10.000 Maturifies 2014 BAN Principal P tl-- Prind .IP. rn..�t i 21,425 iM ' 014.AN _0" 5 201 BAN Principal Payment BAN � 'ncrp., payment 2016 20171$ 2018 2019 2020 2021 2022 2023 2024 2025 2026 $ 24,131 $ 16,750 M547 $ 16,646 $ 16,811 $ 17,043 $ 17,274 $ 17,571 $ 17,934 $ 18,364 $ 18,826 $ 19.288 1 1 $ 55,701 $ 55,027 $ 55,357 $ 55.906 S 56,675 $ 57444 $ 58,M $ 59 $ 61,068 $ 62.606 1 $ 64.144 f 53000 . 1 $ 41,384 $ 40.885 $ 41,130 $ 4,,r,. $ 42,109 $42. $ 43,415 44,312 $ 45,373 S 46.516 $ 47.658 1 6"15 6 $ 56 66 56 $ 358,334 $ 355.000 $ 90'(10) $ 70,275 $ 69.427 1 , " I T":536 $ 71,506 $ 72,476 $ 73,723 75,247 $ 77,049 $ 78,989 $ 80,929 50,000 1 $ 39,042 $ 38,571 $ 38,802 $ 39.186 _ 39.725 . -L 40,264 40,957 $ 41,804 $ $ 43,883 $ $ 50, $ 39,686 $ 39,207 $ 39,442 39833 , 40,381 $ 40,929 $ 41.633 42,494 $ 43,511 44,607 02 $ 37,134 $ L 685 $ 36,905 $ 37,271 $ 37,783 _$38 296 $ 38.955 _�_39 760 Ji_ 40.712 $ 4 1 7 $ 4� 76 2 $ 31,236 $ 30,856 $ 31,041 $ 31,349 $ 31,780 $ 32.211 $ 32,766 $ 33,443 S 34,244 - 35,106 $ 35,968 NO O $ 15,616 $ 15428 J$ A 15521 15,875 15890 161 $ 16383 83 8 $ 1 67 $ 7122 $ 17553 $ 17984 _�_53,500 $ 41,775 1,271 $ 41,518 $ 41930 $ 42,508 43083 43.824 44730 $ 45.801 $ 46,954 $ 48108 _�_48,275 $ 37,695 $ 37,240 $ 37,463 $ 37.835 $ 39 50A $ 49328 $ 42.369 Total $ 193,054 $ 842,000 1 $ 477,000 _, 713.334 $ 810000 $ 450 $ 457 , 425 . $ 428,0 $ 360,000 $ 180 $ 481.500 1 $ 434,475 Check 50%. Rule Proof 0 1.46 0 9.17 0 0 0 0 1.30 0 0 0 0 6! 1.30 i 0 130 Page 2 of 5 Page 3 of 5 .... ,� te r.. �, ..� ip .�< „ gym ���.. ,.. .. .., .. ._ .,. ... .... Page 4 of 5 Page 5 of 5 ADD APPENDIX A 2016 BOND SALE A. Objector Purpose Demolitions - Emergency Conditions Citywide C.Minunity Center lmpm-..nts B. Date ofAuthorbatfor, C C. Local Finance Law Section a 891 §11,00.90 D Dm Amount of Authorization 2 5)0,000 10,000 I 34.246.271 E. Amount of Previous Bqmwln 7 367.399 — (After F. Authorized and Unissued Bonds-- Issued 0 0 ----------- G. Dates & Amts, of Previous Borro.1nqq $ 6A67.399 Q'ig final issue Date _4128/201 5 4128/2015 R Period of Probable Usefulness — S . 4/28/2015 0 Remaining PPU 10.00 -- Wei hied Average Par $12.500.000 $2,100,000 WAM I. Par Amount of Bonds to be Sold 2,500,000 210,,0,00 $30,078.985 11.891 years a 2.500 400 $ J. I Bond Maturities 8.554% 0.719% 100.000-YI. 2014 BAN Principal Payment —33r 2015 BAN Pdnclpel Payment 2016 20171 $ 216,901 $ 214.281 $ 18,212 $ 18.002 $ 2.535,651 $ 2.505.000 Projects $ 1,011,310 $403,334 $ 2,938,985 $400.000 2015 BAN Pmf $ 2018 $ 215564 , $ — 18107 1 $ 2 1 520,000 $ 50t000 $ 2,570.000 $ 2019 $ 217.703 $ 18287 $ 2.545.000 2.545,000 $ - 2020 220,697 18,544 $ 2,580,000 $ 2,580, $ 2021 $ 223,690 $ 18,792 $ 2,615,000 $ 2,615,0 $ 2022 $ 227, 19,113 2,660,000 $ 2.660.000 $ 2023 232,245 $ 19,510 $ 2,715.000 _ $ 2,715,000 $ 2024 _$237 805 $ 19,976 $ 2,780,000 _ $ 2025 $ 243,793 $ 20,476 $ 2,850,000 _L2.780.000 $ 2,850.000 $ 2026 $ 249,781 $ 20,981 $ 2,920,000 $ 2,920,000 $ Total 1 $ 2.500,000 $ 210,000 $29,225,651 1 .$853,334 : . .$30078985 Check 0 0 0 50% Rule Proof 1.17 1.17 1.46 Page 5 of 5 Amount Year of hj g Lurit y Amount Year of 10!�aturit $ 2,938,985 2016 $ 2,660,000 2022 2,905,000 2017 2,715,000 2023 2,570,000 2018 2,780,000 2024 2,545,000 2019 2,850,000 2025 2,580,000 2020 2,920,000 2026 2,615,000 2021 The Bonds will bear interest at the rate or rates per annum specified by the successful bidder therefor in accordance herewith, payable on April 1, 2016, October 1, 2016 and semi- annually thereafter on April 1 and October 1 in each year until maturity. Interest on the Bonds will be calculated on a 30 -day month and 360 -day year basis. The Bonds will be issued in the form of fully registered certificated Bonds, in denominations corresponding to the total principal amounts due in each year of maturity. As a condition to delivery of the Bonds, the successful bidder will be required to cause such Bond certificates to be (i) registered in the name of Cede & Co. as nominee of The Depository Trust Company, New York, New York ( "DTC "), and (ii) deposited with DTC to be held in trust until maturity. DTC is an automated depository for securities and clearinghouse for securities transactions, and will be responsible for establishing and maintaining a book -entry system for recording the ownership interests of its participants, which include certain banks, trust companies and securities dealers, and the transfers of the interests among its participants. The DTC participants will be responsible for establishing and maintaining records with respect to the beneficial ownership interests of individual purchasers in the Bonds. Individual purchases of beneficial ownership interests in the Bonds may only be made through book entries (without certificates issued by the City) made on the books and records of DTC (or a successor depository) and its participants, in the denominations of $5,000 or integral multiples thereof, except for one necessary odd denomination in the first maturity of the bonds. Principal of and interest on the Bonds will be payable by the City or its agent by wire transfer or in clearing house funds to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. The Bonds are not subject to redemption prior to maturity. Bidders may only bid to purchase all of the Bonds. No bid for less than 100% of par shall be considered. Bidders must name the rate or rates of interest per annum which the Bonds are to bear in multiples of one - hundredth or one - eighth of one per centum. All Bonds maturing on the same date must bear interest at the same rate. Any number of rates may be named provided that the highest rate of interest stated for any maturity may not exceed 5.5% per annum. In no event shall the true interest cost for the issue received by the City exceed 5.0 %. Bidders must provide the reoffering price for such Bonds to the City immediately upon award. The City reserves the right to reject any and all bids (regardless of the interest rate bid), to reject any bid not complying with this official Notice of Sale and, so far as permitted by law, to waive any irregularity or informality with respect to any bid or the bidding process. Bids may be submitted electronically via Parity or via facsimile transmission in accordance with this Notice of Sale, until the time specified herein. No other form of electronic bidding services nor telephone proposals will be accepted. No bid received after the time for receiving bids specified above will be considered. Bids may also be submitted by facsimile at (716) 662 -6684. Bidders submitting proposals via facsimile must use the bid form attached hereto. Once the bids are communicated via facsimile or electronically via Parity to the City, each bid will constitute an irrevocable offer to purchase the Bonds pursuant to the terms therein provided. Prospective bidders wishing to submit electronic bids must be contracted customers of Parity. Prospective bidders, who do not have a contract with Parity, must call (212) 849 -5021 to become a customer. By submitting an electronic bid for the Bonds, a bidder represents and warrants to the City that such bidder's bid for the purchase of the Bonds is submitted for and on behalf of such prospective bidder by an officer or agent who is duly authorized to bind the bidder to a legal, valid and enforceable contract for the purchase of the Bonds. If any provisions of this Notice of Sale shall conflict with information provided by Parity, as approved provider of electronic bidding services, this Notice of Sale shall control. Further information about Parity, including any fee charged, may be obtained from Parity at (212) 849- 5021. The time maintained by Parity shall constitute the official time with respect to all bids submitted through Parity. Disclaimer Each prospective bidder who wishes to submit electronic bids shall be solely responsible to register to bid via Parity. Each qualified prospective bidder shall be solely responsible to make necessary arrangements to access Parity for purposes of submitting its bid in a timely manner and in compliance with the requirements of this Notice of Sale. Neither the City nor Parity shall have any duty or obligation to undertake such registration to bid for any prospective bidder or to provide or assure such access to any qualified prospective bidder, and neither the City nor Parity shall be responsible for a bidder's failure to register to bid or for proper operation of; or have any liability for any delays or interruptions of, or any damages caused by Parity. The City is using Parity as a communications mechanism, and not as the City's agent, to conduct the electronic bidding for the City's Bonds. The City is not bound by any advice or determination of Parity as to whether any bid complies with the terms of this Notice of Sale. All costs and expenses incurred by prospective bidders in connection with their registration and submission of bids via Parity are the sole responsibility of the bidders, and the City is not responsible, directly or indirectly, for any such costs or expenses. If a prospective bidder encounters any difficulty in registering to bid, or submitting or modifying a bid for the Bonds, it should telephone Parity and notify the City's Financial Advisor, Capital Markets Advisors, LLC at 716 -662 -3910 (provided that the City shall have no obligation to take any action whatsoever upon receipt of such notice). A good faith deposit (the "Deposit ") in the amount of $300,789 in the form of (i) a cashier's check payable to the order of said City of Buffalo, New York, or (ii) a wire transfer in accordance with instructions herein, is required for each bid to be considered. If a check is used, it must be sent to the Comptroller at 1225 City Hall, Buffalo, New York 14202. Bidders are instructed to contact Gregg Szymanski, Cash and Debt Management Officer, at the above office address (Telephone No. 716- 851 -5269, Fax No. 716 -851- 4633), to obtain the City's wire instructions. The Deposit, whether by cashier's check or wire, should be received not later than 9:00 A.M. on the date of the sale, however, the City reserves the right to award the Bonds to a successful bidder whose wire transfer is initiated but not received by such time provided that such successful bidder's fed wire reference number has been received. Moreover, a Fed wire reference number must be provided at the time the bid is submitted. The City shall not incur any liabilities from delays of or interruptions in the receipt of the Deposit by fed wire or return of the Deposit to the unsuccessful bidders. No interest on the Deposit will accrue to the purchaser or any other bidder. The Bonds will be awarded and sold to the bidder complying with the terms of sale and offering to purchase the Bonds at the lowest true interest cost ( "TIC ") The TIC will be determined by doubling the semiannual interest rate, compounded semiannually, necessary to discount the semiannual debt service payments on the Bonds from the payment dates to the Dated Date of the Bonds and to the aggregate purchase price of the Bonds. If two or more such bidders offer the same lowest true interest cost, then one of such bidders will be selected by the Sale Officer by lot from among all such bidders. The successful bidder must also pay an amount equal to the interest on the Bonds accrued from their Dated Date to the date of payment of the purchase price, if any. When the successful bidder has been ascertained, the Sale Officer will promptly return all deposits made to the persons making the same except the deposit made by such successful bidder. Award of the Bonds to the successful bidder, or rejection of all bids, is expected to be made promptly after opening of the bids. The successful bidder will be notified of the award to him, and if he refuses or neglects to pay the agreed price of the Bonds less the amount deposited by him, the amount deposited by him shall be forfeited to and retained by the City as liquidated damages for such neglect or refusal. The successful bidder's deposit will be retained by the City and: (a) will be applied, without allowance for interest, against the purchase price when the Bonds actually are delivered to and paid for by such successful bidder; or (b) will be retained by the City as liquidated damages if the bidder defaults with respect to the bid; or (c) will be returned to the bidder if the Bonds are not issued by the City for any reason which does not constitute a default by the successful bidder. The Bonds will be delivered in book -entry form through the offices of DTC in Jersey City, New Jersey and shall be paid for in Federal Funds on or about April 28, 2015 in New York, New York, or on such business day and at such hour, as the Sale Officer shall fix on three business days' notice to the successful bidder, or at such other place and time as may be agreed upon with the successful bidder. The deposit of the Bonds with DTC under a book -entry system requires the assignment of CUSIP numbers prior to delivery. It shall be the responsibility of the successful bidder to obtain CUSIP numbers for the Bonds prior to delivery and the City will not be responsible for any delay occasioned by the inability to deposit the Bonds with DTC due to the failure of the successful bidder to obtain such numbers and to supply them to the City in a timely manner. All expenses in relation to the printing of CUSIP numbers on the Bonds shall be paid for by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of said number shall be the responsibility of and shall be paid for by the successful bidder. The City reserves the right to reject all bids. Any bid which fails to substantially comply with the terms of this notice will be rejected. tC� � If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of a bidder, the purchase of any such insurance policy or the issuance of any such commitment therefor shall be at the sole option and expense of such bidder and any increased costs of issuance of the Bonds resulting by reason of the same, unless otherwise paid, shall be paid by such bidder. Any failure of the Bonds to be so insured or of any such policy of insurance to be issued, shall not constitute cause for a failure or refusal by the purchaser of the Bonds to accept delivery of and pay for said Bonds in accordance with the terms hereof. *ther Information The proceeds of the Bonds will be applied to redeem a portion of the City's outstanding bond anticipation notes maturing on April 29, 2015 and to provide funds to finance the cost or part of the cost of various capital improvements in and for the City, as further described in the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds. The debt statement to be filed pursuant to §109.00 of the Local Finance Law in connection with the sale of the Bonds, prepared as of April 1, 2015, will show the average full valuation of real estate subject to taxation by the City to be $6,640,220,249, its debt limit to be $597,619,822 and its total net indebtedness subject to the debt limit (exclusive of the Bonds) to be $225,460,669. The issuance of the Bonds is expected to increase the total net indebtedness of the City by $23,722,896 The Bonds are general obligations of the City. The State Constitution requires the City to pledge its faith and credit for the payment of the principal of the Bonds and the interest thereon and to snake annual appropriations for the amounts required for the payment of such interest and the redemption of the Bonds. For the payment of such principal of and interest on the Bonds, the City has the power and statutory authorization to levy ad valorem taxes on all taxable real property in the City, subject to certain statutory limitations imposed by Chapter 97 of the New York Laws of 2011 (the "Tax Levy Limitation Law "). See "LEGAL MATTERS" and "PROPERTY TAXES ® Tax Levy Limitation Law" in the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds. The State Constitution requires the City to pledge its faith and credit for the payment of the principal of the Bonds and the interest thereon and to make annual appropriations for the amounts required for the payment of such interest and the redemption of the Bonds. The State Constitution also provides that if at any time the appropriating authorities fail to make the required appropriations for the annual debt service on the Bonds and certain other obligations of the City, a sufficient sum shall be set apart from the first revenues thereafter received and shall be applied for such purposes, and also that the chief fiscal officer of the City may be required to set apart and apply such revenues as aforesaid at the suit of any holder of such obligations. As a condition to the purchaser's obligation to accept delivery of and pay for the Bonds, such purchaser will be furnished, without cost, the following, dated as of the date of the delivery of and payment for the Bonds: (i) a certificate of the City Comptroller certifying, to the best of his or her knowledge after due inquiry, among other things, that (a) as of the date of the Official Statement furnished by the City in relation to the Bonds (the "Official Statement ") and at all times subsequent thereto, up to and including the time of delivery of the Bonds, the Official Statement did not and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, and (b) since date of the Official Statement to the time of delivery of the Bonds, there have been no material adverse change in the financial condition of the City as disclosed in the Official Statement; (ii) a Closing Certificate, evidencing due execution of the Bonds, including statements to the effect that (a) no litigation of any nature is now pending or, to the best of the knowledge of the signor, threatened against, restraining or enjoining the issuance and delivery of the Bonds, or the levy or collection of any taxes to pay the principal thereof or the interest thereon, or in any way questioning of affecting the validity of the Bonds or the proceedings or authority for the issuance thereof, (b) neither the corporate existence or boundaries of the City nor the title of any the officers thereof to their respective offices is being contested, and (c) no authority or proceedings for the issuance of the Bonds have been repealed, revoked or rescinded; (iii) an Attorney's Certificate of No Litigation signed by the Corporation Counsel or Assistant Corporation Counsel stating, to the effect, that (a) there is no controversy or litigation of any nature pending, or, to the best of the knowledge of the signor, threatened, restraining or enjoining the sale, execution, issuance or delivery of the Bonds, or in any way contesting or affecting the levy and collection of taxes to pay the principal thereof or the interest thereon, or in any manner questioning or affecting the validity of the Bonds or the authority or proceedings for the issuance to thereof, or contesting the corporate existence or boundaries of the City or the title of any of the officers of the City to their respective offices, and (b) there is no controversy or litigation of any nature now pending or, to the best of the signor's knowledge, threatened by or against the City, wherein an adverse judgment or ruling could have a material adverse impact on the financial condition of the City or adversely affect the power of the City to levy, collect and enforce the collection of taxes or other revenues for the payment of the Bonds which has not been disclosed in the Official Statement; (iv) a certificate of the City Comptroller evidencing the City's agreement as described in the section of the Preliminary Official Statement entitled "DISCLOSURE UNDERTAKING ® Disclosure Undertaking for the Bonds;" (v) an arbitrage and use of proceeds certificate executed by the City Comptroller, which will contain, among other things, covenants, relating to compliance with the Internal Revenue Code of 1986, as amended (the "Code "), that the City will, among other things, (a) take all actions on its part necessary to cause interest on the Bonds to be excluded from the gross income of the owners thereof for Federal income tax purposes, including without limitation, restricting, to the extent necessary, the yield on investments made with the proceeds of the Bonds and investment earnings thereon, making required payments to the Federal Government, if any, and maintaining books and records in a specified manner, where appropriate, and (b) refrain from taking any action which would cause interest on the Bonds to be includable in the gross income of the owners thereof for Federal income tax purposes, including, without limitation, refraining from spending the proceeds of the Bonds and investment earnings thereon on certain specified purposes; and (vi) the approving legal opinion as to the validity of the Bonds of Harris Beach PLLC, Bond Counsel, Buffalo, New York. Reference should be made to said Official Statement for a description of the scope of Bond Counsel's engagement in relation to the issuance of the Bonds and matters covered by such legal opinion. Furthermore, reference should be made to the information under the headings "TAX MATTERS" and "LEGAL MATTERS" in the Official Statement. In the event that prior to the delivery of the Bonds, the income received by private holders from bonds of the same type and character shall be includable in gross income for E Federal income tax purposes, the successful bidder may at its election, be relieved of its obligations under the contract to purchase the Bonds, and in such case, the deposit accompanying his bid will be returned, The Bonds will not be designated by the City as "qualified tax - exempt obligations" pursuant to the provisions of Section 265 of the Code. Reoffering Price Certificate of Successful Bidder The successful bidder also must submit to the City a certificate (the "Reoffering Price Certificate "), satisfactory to Bond Counsel, prior to the delivery of the Bonds, which states that: (a)(i) on the date of award, such successful bidder made a bona fide public offering of all Bonds of all maturities at initial offering prices corresponding to the prices or yields indicated in the information furnished in connection with the successful bid, and (ii) as of such date, the first price or yield at which an amount equal to at least ten percent of each maturity of the Bonds was sold to the public was, respectively, a price not higher or a yield not lower than indicated in the information furnished with the successful bid (the "first price rule "), with the exception of those maturities, if any, identified in such certificate, as to which such certificate shall explain the reasons why the first price rule was not satisfied, OR (b) such successful bidder has purchased the Bonds for its own account and not with a view to distribution or resale and not in the capacity of a bond house, broker or other intermediary, and the price or prices at which such purchase was made. For the purposes of the Reoffering Price Certificate, the "public" does not include bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers. In making such representations, the successful bidder must reflect the effect on the offering prices of any "derivative products" (e.g., a tender option) used by the bidder in connection with the initial sale of any of the Bonds. t� cmn= � The Preliminary Official Statement is in a form "deemed final" by the City for the purpose of Securities and Exchange Commission Rule 15c2 -12 but may be modified or supplemented as noted above. In order to assist bidders in complying with Rule 15c2 -12 and as part of the City's contractual obligation arising from its acceptance of each successful bidder's proposal, at the time of the delivery of the Bonds the City will provide an executed copy of its "Undertaking to Provide Continuing Disclosure." Said Undertaking will constitute a written agreement or contract of the City for the benefit of holders of and owners of beneficial interests in the Bonds, to provide to the Electronic Municipal Market Access ( "EMMA System implemented by the Municipal Securities Rulemaking Board established pursuant to Section 1513(b)(1) of the Securities Exchange Act of 1934, or any successor thereto or to the functions of such Board contemplated by such Undertaking, the annual financial information and timely notice of the occurrence of certain events, as enumerated in said Rule 15c2 -12 (see "DISCLOSURE UNDERTAKING in the Preliminary Official Statement). The City will provide a reasonable number of the final Official Statement with respect to the Bonds (the "Official Statement ") to the successful bidder within five (5) business days following receipt of a written request therefor made to the City and its financial advisor. Such request may specify the applicable (a) offering price(s), (b) selling compensation, (c) rating(s), (d) credit enhancement and (e) identity and complete name of such bidder and any participating underwriters, and if so, the Official Statement will be modified or supplemented by the information so specified. Neither the City nor its financial advisor 'shall be liable in any manner for any delay, inaccuracy, or omission on the part of the successful bidder with respect to such request, nor shall the County's failure, as a result thereof, to provide the Official Statement (whether or not modified or supplemented) within the above time period, constitute cause for a failure or refusal by such bidder to accept' delivery of and pay for the Bonds in accordance with the terms hereof. A copy of the Notice of Sale and the Preliminary Official Statement may be obtained upon request from the Office of the Comptroller of the City of Buffalo, Buffalo, New York, at (716) 851 -5258, or from the office of Capital Markets Advisors, LLC, (716) 662 -3910. This Notice of Sale, as well as the Preliminary Official Statement, is also available electronically on the Internet at www. munios.com. For more information, please contact either Gregg Szymanski, Cash and Debt Management Officer, at the City (716) 851 ®5269 or 'Rick Ganci at Capital Markets Advisors, LLC, (716) 662 ®3910. �t Dated: April 1, 2015 Hon. Mark J. F. Schroeder Comptroller and Chief Fiscal Officer To: Pion. Mark J. F. Schroeder Comptroller, City of Buffalo c/o Capital Markets Advisors, LLC 4211 North Buffalo Road, Suite 19 Orchard Park, New York 14127 Dear Comptroller Schroeder: Subject to the provisions and in accordance with the terms of the annexed Notice of Sale dated April 1, 2015, which is hereby made a part of this Proposal, we offer to purchase all of the $30,078,985 General Improvement Serial Bonds-2015 of the City of Buffalo, New York, described in said Notice of Sale, and to pay therefor the price of $30,078,985 plus $ , plus interest, if any, accrued on said Bonds from their date to the date of their delivery, provided that the Bonds maturing in the several years set forth below shall bear interest from their date until maturity at the respective rates per annum stated in the following table: Principal Maturity Amount Principal Rate Maturity Amount In 9 2016 $ 2,938,985 2017 2,905,000 2018 2,570,000 2019 2,545,000 2020 2,580 2021 2,615,000 Deposit Requirement 2022 $ 2,660,000 2023 2,715,000 2024 2,780,000 2025 2,850,000 2026 2,920,000 ❑ We enclose herewith a cashier's check in the sum of $300,789, made payable to the order of the City of Buffalo, New York. ❑ We sent a Fed wire transfer of $300,789 to the account of the City designated for such purpose in accordance with the Notice of Sale and instructions provided by the City. The fed wire confirmation number is at The Deposit will be returned to the undersigned if the bid is not accepted. If this bid is accepted said Deposit will be applied as part payment for the Bonds or retained by the City as and for liquidated damages in case the undersigned should not take up and pay for the Bonds in accordance with the terms of this offer. The following is our computation of the true interest cost, made as provided in the above - mentioned Notice of Sale, but not constituting any part of the foregoing Proposal for the purchase of $30,078,985 bonds under the foregoing Proposal:' Par Amount of the Bonds .............................. $ Add: $ $ Premium......................................................... $ Accrued Interest....... $ Target Value for Calculation $ True Interest Rate ......... (four decimals) Firm: By: Telephone ( ) - Facsimile ( ) Return of the good faith check or Fed wire transfer on April 15, 2015, in the amount of $300,789 from the City of Buffalo, New York, is hereby acknowledged: NO. R $ UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF ERIE CITY OF BUFFALO GENERAL IMPROVEMENT SERIAL BOND-2015 MATURITY DATE INTEREST RATE DATE OF ORIGINAL ISSUE CUSIP April 1, % April 28, 2015 119677 PRINCIPAL SUM: DOLLARS The CITY OF BUFFALO, in the County of Erie, a municipal corporation of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the REGISTERED OWNER named above, or registered assigns, on the MATURITY DATE (stated above), the PRINCIPAL SUM (stated above) upon presentation and surrender of this bond at Manufacturers & Traders Trust Company, Buffalo, New York, as fiscal agent (herein called "Fiscal Agent "), or any successor thereto, and to pay interest on such PRINCIPAL SUM from April 28, 2015 or from the most recent interest payment date to which interest has been paid at the INTEREST RATE (stated above), payable on April 1, 2016, October 1, 2016 and semiannually thereafter on April I and October 1 of each year until maturity or redemption prior to maturity as set forth herein. Interest hereon shall be payable by wire transfer or in clearinghouse funds by said Fiscal Agent on each interest payment date to the registered owner hereof at his address as it appears on the registration books of the City maintained by the Fiscal Agent or at such other address as may be furnished in writing by such registered owner to the Fiscal Agent at the close of business on the fifteenth day of the month preceding each interest payment date. The principal of and interest on this bond and applicable redemption premium, if any, are payable in any coin or currency of the United States of America which, at the date of payment, is legal tender for the payment of public and private debts, provided, however, that interest on this fully registered bond shall be paid by wire transfer or clearinghouse funds as set forth above. The faith and credit of such City of Buffalo are hereby irrevocably pledged to the punctual payment of the principal of and interest on this bond according to its terms. It is hereby certified and recited that all conditions, acts and thine required by the Constitution and statutes of the Mate of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the City of Buffalo, is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the CITY OF BUFFALO has caused this bond to be executed in its name by the manual signature of its Comptroller and a facsimile of its corporate seal to be reproduced hereon. CITY OF BUFFALO by: oil/ Comptroller M City of Buffalo, New York General Improvement Serial Bond - 2015 This bond is one of an authorized issue, the principal amount of which is $30,078,985, the bonds of which are of like tenor, except as to number, maturity, interest rate and denomination, and is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33 ®a of the Consolidatedd Laws of the State of New York (the "Law"), various bond resolutions duly adopted by the Common Council of the City on their respective dates, authorizing the issuance of bonds of the City to finance various improvements in the City, and a Certificate of Determination executed by the Comptroller as of April 15, 2015, determining the terms, form and details of issuance of said serial bonds (the "Bonds") and providing for the public sale thereof (the "Certificate of Determination"). The Bonds are issued subject to the provisions of the Capital Debt Service Act of the City of Buffalo, constituting Chapter 12 of the Laws of 1977 of the State of New York (the "Act"), and the Enabling Resolution adopted by the Common Council of the City of Buffalo on March 8, 1977 and approved by the Mayor on said date (the "Resolution"). A copy of the Resolution is on file at the office of the City Clerk and at the office of Manufacturers and Traders Trust Company (the "Trustee"), in Buffalo, New York. The Bonds are entitled to the benefits of the Act and the Resolution, including certain covenants of the City authorized by the Act and set forth in the Resolution. Reference to the Resolution, and any and all modifications thereto, and to the Act, is made for a description of the nature and extent of such covenants, the rights and remedies of the holders or registered owners of the Bonds with respect thereto, and a statement of the rights, duties and obligations of the City and of the Trustee. To the extent and in the respects permitted by the Resolution, the provisions of the Resolution may be modified or amended by action on behalf of the City taken in the manner and subject to the conditions and exceptions prescribed in the Resolution. The Bonds are issuable in the form of registered bonds without coupons in the denomination of $5,000 or any integral multiple thereof, except for one necessary odd denomination in the first maturity of the Bonds, not exceeding the aggregate principal amount of Bonds maturing in any year. This Bond is transferable or exchangeable, as provided in the Certificate of Determination, only upon the books of the City kept for that purpose at the corporate trust department of the Fiscal Agent, by the registered owner hereof in person, or by his attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer or exchange satisfactory to the Fiscal Agent duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new Bond or Bonds, in the same aggregate principal amount and of the same maturity, shall be issued to the transferee or the registered owner in exchange therefor as provided in the Certificate of Determination and upon the payment of the charges, if any, therein prescribed. The Bonds are not subject to redemption prior to maturity, ASSIGNMENT FOR VALUE RECEIVED the Undersigned hereby sells, assigns, and transfers unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE the within bond and does hereby irrevocably constitutes and appoint Attorney to transfer said Bond on the books kept for registration of said Bond, with full power of substitution in the premises. Signature Guaranteed: NOTICE: Signature(s) must be acknowledged or proved, or in the alternative, certified as to its genuineness by an officer of a bank or trust company located and authorized to do business in New York State. NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. "EMMA" shall mean Electronic Municipal Market Access System implemented by the MSRB. "GAAP" shall mean generally accepted accounting principles as in effect from time to time in the United States. "Holder" shall mean any registered owner of the Securities and any beneficial owner of Securities within the meaning of Rule 13d -3 under the Securities Exchange Act of 1934. "Issuer" shall mean the City of Buffalo, a municipal corporation of the State of New Fork. "MSRB" shall mean the Municipal Securities Rulemaking Board established in accordance with the provisions of Section 1513(b)(1) of the Securities Exchange Act of 1934, or any successor thereto or to the functions of the MSRB contemplated by this Agreement. "Purchaser" shall mean the financial institution referred to in the Certificate of Award, executed by the Comptroller as of April 15, 2015. "Rule" shall mean Rule 15c2 -12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 CFR Part 240, §240.15c2 -12), as amended, as in effect on the date of this Undertaking, including any official interpretations thereof issued either before or after the effective date of this Undertaking which are applicable to this Undertaking. "Securities" shall mean the Issuer's $30,078,985 General Improvement Serial Bonds - 2015, maturing in various principal amounts on April 1 in each of the years 2016 to 2026, inclusive, and delivered on the date hereof. Section 2. Obligation to Provide Continuing Disclosure (a) The Issuer hereby undertakes, for the benefit of Holders of the Securities, to provide or cause to be provided to the EMMA System: (i) No later than 180 days after the end of each fiscal year, commencing with the fiscal year ending June 30, 2015, the Annual Information relating to such fiscal year, together with audited financial statements of the Issuer for such fiscal year if audited financial statements are then available; provided, however, that if audited financial statements are not then available, unaudited financial statements shall be provided with the Annual Information, and audited financial statements, if any, shall be delivered to the EMMA System within thirty (30) days after they become available and in no event later than 360 days after the end of each fiscal year; and (ii) in a timely manner, not in excess of ten (10) business days after the occurrence of such event, notice of any of the following events with respect to the Securities: (1) principal and interest payment delinquencies; (2) non-payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (b) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or - final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB) or other material notices of determinations with respect to the tax status of the Securities, or other material events affecting the tax status of the Securities; (7) modifications to rights of Securities holders, if material; (8) Bond calls, if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Securities, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the Issuer; Note to clause (12) For the purposes of the event identified in clause (12) above, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the Issuer in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or government authority has assumed jurisdiction over substantially all of the assets or business of the Issuer, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the Issuer; 'I ' (13) the consummation of a merger, consolidation, or acquisition involving the Issuer or the sale of all or substantially all of the assets of the Issuer, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a "successor or additional trustee or the change of name of a trustee, if material. (iii) in a timely manner, not in excess of ten (10) business days after the occurrence of such event, notice of a failure to provide by the date set forth in Section 2(a)(i) hereof any Annual Information required by Section 3 hereof. (b) Nothing herein shall be deemed to prevent the Issuer from disseminating any other information in addition to that required hereby in the manner set forth herein or in any other manner. If the Issuer disseminates any such additional information, the Issuer shall have no obligation to update such information or include it in any future materials disseminated hereunder, (c) Nothing herein shall be deemed to prevent the Issuer from providing notice of the occurrence of certain other events, in addition to those listed above, if the Issuer determines that any such other event is material with respect to the Securities; but the Issuer does not undertake to commit to provide any such notice of the occurrence of any event except those events listed above. Section 3. Annual Information (a) certain annual information, in a form generally consistent with the information contained in Appendix A of the Official Statement prepared by the Issuer in connection with the Securities. (b) All or any portion of the Annual Information may be incorporated in the Annual Information by cross reference to any other documents which are (i) available to the public on the EMMA System or (ii) filed with the SEC. If such a document is a final official statement, it also must be available from the EMMA System. (c) Annual Information for any fiscal year containing any modified operating data or financial information (as contemplated by Section 7(e) hereof) for such fiscal year shall explain, in narrative form, the reasons for such modification and the effect of such modification on the Annual Information being provided for such fiscal year. If a change in accounting principles is included in any such modification, such Annual Information shall present a comparison between the financial statements or information prepared on the basis of the modified accounting principles and those prepared on the basis of the former accounting principles. Section 4. Financial Statements The Issuer's annual financial statements for each fiscal year shall be prepared in accordance with GAAP as in effect from time to time. Such financial statements shall be audited by an independent accounting firm. Section 5. Remedies If the Issuer shall fail to comply with any provision of this Undertaking, then any Holder of Securities may enforce, for the equal benefit and protection of all Holders similarly situated, by mandamus or other suit or proceeding at law or in equity, this Undertaking against the Issuer and any of the officers, agents and employees of the Issuer, and may compel the Issuer or any such officers, agents or employees to perform and carry out their duties under this Undertaking; provided that the sole and exclusive remedy for breach of this Undertaking shall be an action to compel specific performance of the obligations of the Issuer hereunder and no person or entity shall be entitled to recover monetary damages hereunder under any circumstances. Failure to comply with any provision of this Undertaking shall not constitute an event of default on the Securities. Section 6. Parties in Interest. This Undertaking is executed to assist the Purchaser to comply with (b)(5) of the Rule and is delivered for the benefit of the Holders. No other person shall have any right to enforce the provisions hereof or any other rights hereunder. Section 7. Amendments. Without the consent of any holders of Securities, the Issuer at any time and from time to time may enter into any amendments of changes to this Undertaking for any of the following purposes: (a) to comply with or conform to any changes in Rule 15c2-12 (whether required or optional); (b) to add a dissemination agent for the information required to be provided hereby and to make any necessary or desirable provisions with respect thereto; (c) to evidence the succession of another person to the Issuer and the assumption of any such successor of the duties of the Issuer hereunder; (d) to add to the duties of the Issuer for the benefit of the Holders, or to surrender any right or power herein conferred upon the Issuer; . (e) to modify the contents, presentation and format of the Annual Information from time�to time to conform to changes in accounting or disclosure principles or practices and legal requirements followed by or applicable to the Issuer or to reflect changes in the identity, nature or status of the Issuer or in the business, structure or operations of the Issuer or any mergers, consolidations, acquisitions or dispositions made by or affecting any such person; provided that any such modifications shall comply with the requirements of Rule 15c2-12 or Rule 15c2-12 as in effect at the time of such modification; or (0 to cure any ambiguity, to correct or supplement any provision hereof which may be inconsistent with any other provision hereof, or to make any other provisions with respect to matters or questions arising under this Undertaking which, in each case, comply with Rule 15c2- 12 or Rule 15c2-12 as in effect at the time of such amendment or change; provided that no such action pursuant to this Section 7 shall adversely affect the interests of the Holders in any material respect. In making such determination, the Issuer shall rely upon an opinion of nationally recognized bond counsel. Section 8. Termination. This Undertaking shall remain in full force and effect until such time as all principal, redemption premiums, if any, and interest on the Securities shall have been paid in full or the Securities shall have otherwise been paid or legally defeased pursuant to the their terms. Upon any such legal defeasance, the Issuer shall provide notice of such defeasance to the EMMA System. Such notice shall state whether the Securities have been defeased to maturity or to redemption and the timing of such maturity or redemption. In addition, this Agreement, or any provision hereof, shall be null and void in the event that those portions of the Rule which require this Agreement, or such provision, as the case may be, do not or no longer apply to the Securities, whether because such portions of the Rule are invalid, have been repealed, or otherwise. Section 9. Undertaking to Constitute Written Areemont or ` Contraet This Undertaking shall constitute the written agreement or contract for the benefit of Folders of Securities, as contemplated under Rule 15c2 -12. Section 10. Governing Law This Undertaking shall be governed by the laws of the State of New York determined without regard to principles of conflict of law. IN WITNESS WHEREOF, the undersigned has duly authorized, executed and delivered this Undertaking as of April 28, 2015. CITY OF BUFFALO By Comptroller CLERK'S CERTIFICATE I, GERALD CHWALINSKI, City Clerk of the City of Buffalo, in the County of Erie, New York, HEREBY CERTIFY that I have compared the foregoing copy of the Certificate of Determination executed by the Comptroller and the same is a true and complete copy of the Certificate filed with said City in my office as City Clerk on or before April 28, 2015; and I FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties mentioned in said Certificate and delegated to the Comptroller of the City by Resolution No. 194, duly adopted on the 4th day of October, 1945, and Resolution No, 160, duly adopted on the 1 st day of November, 1994, referred to in said Certificate, has been adopted by said Common Council, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this 28th day of April, 2015. ff r% q r /I 1 p (SEAL) r1 v _ City Clerk COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: April 7, 2015 FROM: The Department of Audit & Control SUBJECT: Letters to Management from Independent Auditors Attached please find the letter to management from independent auditors Dresher & Malecki resulting from their audit of the basic financial statements of the City. Please contact me if you have any questions or concerns. `°f THEE COMMITTEE ON FINANCE. 4 November 18, 2014 To the Honorable Mayor, the Common Council and Honorable Comptroller of the City of Buffalo, New York: In planning and performing our audit of the basic financial statements of the City of Buffalo, New York (the "City") as of and for the year ended June 30, 2014, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, we considered the City's internal control over financial reporting ( "internal control " ) as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control over financial reporting. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. Our consideration of internal control was for the limited purpose described in the first paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Our audit was also not designed to identify deficiencies in internal control that might be significant deficiencies. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. We communicated a significant deficiency identified during our audit in a separate communication dated November 18, 2014. Additionally, we identified certain matters involving the internal control and other operational matters that are presented for your consideration. This letter does not affect our report dated November 18, 2014 on the financial statements of the City. Our comments and recommendations, all of which have been discussed with the appropriate members of management, are intended to improve the internal control or result in other operating efficiencies. Our comments are summarized in Exhibit 1. EXHIBIT I We Provide r . r, r ; i Federal Award Reporting Reports generated for Housing and Urban Development ( "HUD ") financial summary reports should be substantiated by reconciliations to the City's accounting records. In reviewing the PR03 and PR26 HUD financial summary reports, it was noted that a reconciliation of the HUD financial information to the City's accounting records within MUMS was not available. We recommend that HUD generated reports be reconciled directly to the City's accounting records. When necessary, reconciliations should outline how the information was generated. While performing testing of expenditures, it was noted that items have purchase orders that are dated subsequent to the dates of the invoices they related to. Purchase orders must be reviewed and approved by the Purchase or Audit Divisions prior to initiating the purchase from the vendor /service provider. Goods and services should not be ordered until a purchase requisition is created to ensure that the form is received, reviewed and approved by the Purchase or Audit Departments prior to initiating the purchase from the vendor /service provider. We recommend that the City adhere to its policy and ensure that there is approval of a purchase order before the actual purchase is made. While performing revenue control testing within the City Clerk's Office, it was noted that there is a lack of segregation of duties surrounding cash collections. Employees within the Clerk's office do not use separate cash drawers. Additionally, all employees in the office use the same MUNIS user account to process payments. As such, it is difficult to decipher which employee has collected and recorded the payment and cash being received. We recommend that the City use multiple cash drawers and unique MUNIS account access to process payments. Employees should not share a cash drawer; rather, each employee responsible for processing payments should be assigned a cash drawer in order to eliminate the opportunity for fraud. Alternatively, the City could consider the elimination of the receipt of cash in the City Clerk's Office and centralize this process in the Division of Treasury. 1° .• � • is c ,. While performing testing of delinquent taxes receivable, it was noted that the City was unable to generate a detailed report of delinquent taxes receivable as of June 30, 2014, by property, that agreed to the general ledger. The reporting system which maintains the delinquent taxes receivable detail cannot easily run detail for previous dates. Essentially, this detail report should be run on June 30`" and agree with the general ledger. We recommend that the City implement a process to generate a detailed report of delinquent taxes receivable, by property. This process should also ensure the report detail can be reviewed for the account balance of delinquent taxes receivable at any point in time. EXHTBIT I Terminated Employee Notification As noted in prior years, the City does not have a formal policy or process in place regarding the steps necessary to process an employee's termination. There is a risk that terminated employees might retain access to the City's facilities as well the City's computer network and applications. We recommend that the City's Human Resources Department devise, implement and enforce policies and procedures whereby immediately upon an employee's termination, the appropriate departments (e.g., Building Facilities and MIS) are notified and take appropriate steps to ensure access to the City's facilities as well the City's computer network and applications are accordingly restricted. Capital asset Policy As noted in prior years, the City does not currently have a complete and formalized capital asset policy. There are no written procedures to ensure that disposals of capital assets are reported to the accounting department as they occur. Additionally, with the exception of vehicle purchases, there are no guidelines which require City departments to notify the accounting department when a capital asset is acquired. It is currently the responsibility of the accounting department to perform a search of expenditures made throughout the year in order to identify those that qualify as a capital asset. Lastly, we noted that there has not been a physical inventory of capital assets performed in several years. We recommend that the City create and adopt a complete, formal policy covering topics including the disposal of capital assets to ensure the reporting of capital asset disposals is accurate and appropriately approved. Similarly, departments should inform the accounting department in a timely manner when new assets are acquired. A standardized form could be developed to provide adequate accounting documentation and to provide evidence of adherence to the City's policy. We also recommend that the City add to their Capital Asset Guide guidelines for items to capitalize and items to expense as repairs and maintenance. Lastly, we recommend that the City perform a physical inventory of their capital assets as soon as possible. Construction in Progress Tracking While performing testing of construction in progress, we noted that each year the City records deletions from construction in progress that equal the total ending balances of the prior year. However, this accounting treatment could be misleading as some projects may remain in progress for more than one year and should not be shown as a deletion from construction in progress. This often occurs because the City records the retained percent on contracts as construction in progress, even if portions of the contract have been completed and capitalized. As a result, portions of individual capital projects are being capitalized in different years, rather than as a whole when it is completed. We recommend that the City develop and formalize procedures surrounding construction in progress to better track the cost of the projects. This would include developing a reasonable basis for tracking the activity of each project on a yearly basis. All additions to projects during a year should be accounted for, and the total cost of the project should be removed from construction in progress and capitalized upon its completion. APPENDIX A New Reporting Requirements The Governmental Accounting Standards Board ("GASB ") has adopted several new pronouncements, which may have a future impact upon the City: GASB Statement No. 68 —The City is required to implement GASB Statement No. 68, Accounting and Financial Reporting for Pensions —an amendment of GASB ,Statement No. 27, effective for the fiscal year ending June 30, 2015. The primary objective of this Statement is to improve accounting and financial reporting by state and local governments for pensions. GASB Statement No. 69 —The City is required to implement GASB Statement loo. 69, Government Combinations and Disposals of Government Operations, effective for fiscal year ending June 30, 2015. This Statement establishes accounting and financial reporting standards related to government combinations and disposals of government operations. GASB Statement No. 71—The City is required to implement GASB Statement No. 71, Pension Transition for Contributions Made Subsequent to the Measurement Date —an amendment of GASB Statement No. 68. The provisions of this Statement should be applied simultaneously with the provisions of Statement No. 68. The objective of this Statement is to address an issue regarding application of the transition provisions of Statement No. 68, Accounting and Financial Reporting for Pensions. The issue relates to amounts associated with contributions, if any, made by a state or local government employer or nonemployer contributing entity to a defined benefit pension plan after the measurement date of the government's beginning net pension liability. As communicated in our engagement letter dated June 23, 2014, our responsibility, as described by professional standards, is to form and express an opinion about whether the financial statements that have been prepared by management with your oversight are presented fairly, in all material respects, in conformity with accounting principles generally accepted in the United States of America. Our audit of the financial statements does not relieve you or management of your respective responsibilities. Our responsibility, as prescribed by professional standards, is to plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free of material misstatement. An audit of financial statements includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control over financial reporting. Accordingly, as part of our audit, we considered the internal control of the City solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. We are also responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process. However, we are not required to design procedures for the purpose of identifying other matters to communicate to you. We have provided our comments regarding significant deficiencies over financial reporting and other matters noted during our audit in a separate letter to you dated November 18, 2014. Planned Scope and Timing of the Audit We conducted our audit consistent with the planned scope and timing we previously communicated to you. Significant Accounting Policies Management has the responsibility to select and use appropriate accounting policies. A summary of the significant accounting policies adopted by the City is included in Note 1 to the financial statements. There have been no initial selection of accounting policies and no changes in significant accounting policies or their application during the year ended June 30, 2014. However, as in prior years, management determined that due to the relationship between the Water Board, Water Authority and the Water Enterprise proprietary funds, the financial position of the water system is best represented by a single business -type activity proprietary fund. No matters have come to our attention that would require us, under professional standards, to inform you about (1) the methods used to account for significant unusual transactions and (2) the effect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus. During the year ended June 30, 2014, the City implemented GASB Statements No. 66, Technical Corrections- 2012 —an amendment of GASP Statements No. 10 and No. 62, No. 67, Financial Reporting for Pension Plans —an amendment of GASP Statement No. 25, and No. 70, Accounting and Financial Reporting for Nonexchange Financial Guarantees. The objective of GASB Statement No. 66 is to improve accounting and financial reporting for a governmental entity by resolving conflicting guidance that resulted from the issuance of GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, and No. 62, Codification of Accounting and Financial Reporting Guidance Contained in Pre - November 30, 1989 FASP and AICPA Pronouncements. The objective of GASB Statement No. 67 is to improve financial reporting by state and local governmental pension plans. This Statement replaces GASB Statement No. 25 and Statement No. 50. The objective of GASB Statement No. 70 is to improve financial reporting by state and local governments that extend and receive nonexchange financial guarantees. GASB Statements Nos. 66, 67 and 70 did not have a material impact on the City's financial position or results from operations. During the year ended June 30, 2014 the Buffalo Fiscal Stability Authority ( "BFSA ") adopted GASB Statement No. 65, Items Previously Reported as Assets and Liabilites. GASB Statement No. 65 establishes accounting and financial reporting standards that reclassify, as deferred outflows of resources or deferred inflows of resources, certain items that were previously reported as assets and liabilities and recognizes, as outflows of resources or inflows of resources, certain items that were previously reported as assets and liabilities. The City early implemented GASB Statement No. 65 during the year ended June 30, 2013, however BFSA did not. Other than discussed in Note 2 to the financial statements, GASB Statement No. 65 did not have a material impact on the City's current year financial position or results from operations. Significant Accounting Estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management's current judgments. Those judgments are normally based on knowledge and experience about past and current events and on assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ markedly from management's current judgments. The most sensitive accounting estimates affecting the financial statements for the year ended June 30, 2014 are the liabilities for compensated absences, other post - employment benefits obligation (" OPEB'), judgments and claims, workers' compensation and landfill post-closure monitoring costs; and the allowance for uncollectible receivables. Management's estimates of the allowances for uncollectible receivables, compensated absences liabilities, OPEB liabilities, judgments and claims liabilities, workers' compensation liabilities, and landfill post - closure monitoring costs are based past trends, estimates of specialist third parties, and actuarial valuations. We evaluated the key factors and assumptions used to develop the balances of these estimates and determined that they are reasonable in relation to the financial statements taken as a whole and in relation to the applicable opinion units. We encountered no significant difficulties in dealing with management relating to the performance of the audit. Uncorrected and Corrected Misstatements For purposes of this communication, professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that we believe are trivial, and communicate them to the appropriate level of management. Further, professional standards require us to also communicate the effect of uncorrected misstatements related to prior periods on the relevant classes of transactions, account balances or disclosures, and the financial statements as a whole and each applicable opinion unit. The following summarizes uncorrected financial statements whose effects in the current period and prior periods, as determined by management, are immaterial, both individually and in the aggregate, to the financial statements taken as a whole and each applicable opinion unit: During the year ended June 30, 2014, the timing of certain reconciling items caused current assets and fund balance /net position to be understated within the Special Revenue Fund and Water Board Fund by $153,740 and $127,291, respectively. These reconciling items are self- correcting in nature and management expects that the errors will be corrected in the year ending June 30, 2015. In addition, professional standards require us to communicate to you all material, corrected misstatements that were brought to the attention of management as a result of our audit procedures. None of the misstatements identified by us as a result of our audit procedures and corrected by management were material, either individually or in the aggregate, to the financial statements taken as a whole. Disagreements with Management For the purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, "concerning a financial accounting, reporting, or auditing matter, which could be significant to the City's financial statements or the auditor's report. No such disagreements arose during the course of the audit. U=Mtions Reque Manageme We have requested certain written representations from management, which are included in the attached letter dated November 18, 2014. is i; ` r a :1 I, In the normal course of our professional association with the City, we generally discuss a variety of matters, including the application of accounting principles and auditing standards, operating and regulatory conditions affecting the entity, and operational plans and strategies that may affect the risks of material misstatement. None of the matters discussed resulted in a condition to our retention as the City's auditors. This report is intended solely for the information and use of the Common Council and management of the City and is not intended to be and should not be used by anyone other than these specified parties. k� November 18, 2014 s _ ANNE FORTI- SCIARRINO, CPA FIRST DEPUTY COMPTROLLER GREGG SZYMANSKI, CPA DEPUTY COMPTROLLER - INVESTMENT & DEBT MANAGEMENT WILLIAM FERGUSON, CPA DEPUTY COMPTROLLER CITY ACCOUNTANT MARK J. F. SCHROEDER COMPTROLLER November 18, 2014 Drescher & Malecki LLP 3083 William St. Suite 5 Cheektowaga, NY 14227 KEVIN KAUFMAN, CPA DEPUTY COMPTROLLER CITY AUDITOR This representation letter is provided in connection with your audit of the financial statements of the governmental activities, the business-type activities, the discretely presented component units, each major fund, and the aggregate remaining fund information of the City of Buffalo, New fork (the "City ") as of June 30, 2014 and for the year then ended, and the related notes to the financial statements, for the purpose of expressing opinions on whether the basic financial statements present fairly, in all material respects, the financial position, results of operations, and cash flows, where applicable, of the various opinion units of the City in conformity with accounting principles generally accepted for governments in the United States of America ( "U.S G "). Certain representations in this letter are described as being limited to matters that are material. Items that are considered material, regardless of size, if they involve an omission or misstatement of accounting information that, in the light of surrounding circumstances, makes it probable that the judgment of a reasonable person relying on the information would be changed or influenced by the omission or misstatement. We confirm that, to the best of our knowledge and belief, having made such inquiries as we considered necessary for the purpose of appropriately informing ourselves as of November 18, 2014. Financial Statements 0 We have fulfilled our responsibilities, as set out in the terms of the audit engagement dated June 23, 2014, for the preparation and fair presentation of the financial statements of the various opinion units referred to above in accordance with U.S. GAAP. ® We acknowledge our responsibility for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. ® We acknowledge our responsibility for the design, implementation, and maintenance of internal control to prevent and detect fraud. ® We acknowledge our responsibility for compliance with the laws, regulations, and provisions of contracts and grant agreements. We have reviewed, approved, and taken responsibility for the financial statements and the related notes. ® We have a process to track the status of audit findings and recommendations. ® We have identified and communicated to you all previous audits, attestation engagements, and other studies related to the audit objectives and whether related recommendations have been implemented. * Significant assumptions used by us in making accounting estimates, including those measured at fair value, are reasonable. * Related -party relationships and transactions have been appropriately accounted for and disclosed in accordance with the requirements of U.S. GAAP. * All events subsequent to the date of the financial statements and for which U.S. GAAP requires adjustment or disclosure have been adjusted or disclosed. During the year ending June 30, 2014, the tinning of certain reconciling items caused current assets and fund balance /net position to be understated within the Special Revenue Fund and dater Board Fund by $153,740 and $127,291, respectively. These reconciling items are self-correcting in nature and management expects that the errors will be corrected in the year ended June 30, 2015, Management believes that the effects of the uncorrected misstatements as summarized above and aggregated by you during the current engagement are immaterial, both individually and in the aggregate, to the applicable opinion units and to the financial statements as a whole. • The effects of all known actual or possible litigation and claims have been accounted for and disclosed in accordance with U.S. GAAP. • All component units, as well as joint ventures with an equity interest, are included and other joint ventures and related organizations are properly disclosed. • All funds and activities are properly classified. • All funds that meet the quantitative criteria in GASB Statement No. 34, Basic Financial Statements —and Management's Discussion and Analysis—for State and Local Governments, GASB Statement No. 37, Basic Financial Statements —and Management's Discussion and Analysis for State and Local Governments: Omnibus as amended, and GASB Statement No. 65, Items Previously Reported as Assets and Liabilities, for presentation as major are identified and presented as such and all other funds that are presented as major are considered important to financial statement users. * All components of net position, nonspendable fund balance, and restricted, committed, assigned, and unassigned fund balance are properly classified and, if applicable, approved. * Our policy regarding whether to first apply restricted or unrestricted resources when an expense is incurred for purposes for which both restricted and unrestricted net position/fund balance are available is appropriately disclosed and net position/fund balance is properly recognized under the policy. * All revenues within the statement of activities have been properly classified as program revenues, general revenues, contributions to term or permanent endowments, or contributions to permanent fund principal. • All expenses have been properly classified in or allocated to functions and programs in the statement of activities, and allocations, if any, have been made on a reasonable basis. • All interfund and intra- equity transactions and balances have been properly classified and reported. • Special items and extraordinary items have been properly classified and reported. • Deposit and investment risks have been properly and fully disclosed. • Capital assets, including infrastructure assets, are properly capitalized, reported, and if applicable depreciated. • All required supplementary information is measured and presented within the.prescribed guidelines. • With regard to investments and other instruments reported at fair value: 0 • The underlying assumptions are reasonable and they appropriately reflect management's intent and abilit} l to carry out its stated courses of action. • The measurement methods and related assumptions used in determining fair value are appropriate in the circumstances and have been consistently applied. • The disclosures related to fair values are complete, adequate, and in conformity with U.S. GAAP. o There are no subsequent events that require adjustments to the fair value measurements and disclosures included in the financial statements; Information Provided ® We have provided you with: o .Access to all information, of which we are aware that is relevant to the preparation and fair presentation of the financial statements of the various opinion units referred to above, such as records, documentation, meeting minutes, and other matters; o Additional information that you have requested from us for the purpose of the audit; and o Unrestricted access to persons within the entity from whom you determined it necessary to obtain audit evidence. 0 All transactions have been recorded in the accounting records and are reflected in the financial statements. We have disclosed to you the results of our assessment of the risk that the financial statements may be materially misstated as a result of fraud. 0 We have no knowledge of any fraud or suspected fraud that affects the entity and involves: o Management; o Employees who have significant roles in internal control; or o Others where the fraud could have a material effect on the financial statements. • We have no knowledge of any allegations of fraud, or suspected fraud, affecting the entity's financial statements communicated by employees, former employees, vendors, regulators, or others. • We have disclosed to you all known actual or possible litigation and clairns whose effects should be considered when preparing the financial statements. • We have disclosed to you the identity of the entity's related parties and all the related party relationships and transactions of which we are aware. • There have been no communications from regulatory agencies concerning material noncompliance with or deficiencies in accounting, internal control, or financial reporting practices. • The City has no plans or intentions that may materially affect the carrying value or classification of its assets and liabilities. • We have disclosed to you all guarantees, whether written or oral, under which the City is contingently liable. ® We have disclosed to you all significant estimates and material concentrations known to management that are required to be disclosed in accordance with GASB Statement No. 62 (GASB -62), Codification of Accounting and .Financial Reporting Guidance Contained in Pre- November 30, 1989 PASB and t1ICPA Pronouncements. Significant estimates are estimates at the balance sheet date that could change materially within the next year. Concentrations refer to volumes of business, revenues, available sources of supply, or markets or geographic areas for which events could occur that would significantly disrupt normal finances within the next year. We have identified and disclosed to you the laws, regulations, and provisions of contracts and grant agreements that could have a direct and material effect on the financial statement amounts, including legal and contractual provisions for reporting specific activities in separate funds. There are no: • Violations or possible violations of laws or regulations, or provisions of contracts or grant agreements whose effects should be considered for disclosure in the financial statements or as a basis for recording a loss contingency including applicable budget laws and regulations. • Unasserted claims or assessments that our lawyer has advised are probable of assertion and must be disclosed in accordance with GASB`62. o Other liabilities or gain or loss contingencies that are required to be accrued or disclosed by GASB 62. The City has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets nor has any asset or future revenue been pledged as collateral, except as disclosed to you. ® We have complied with all aspects of grant agreements and other contractual agreements that would have a material effect on the financial statements in the event of noncompliance. With respect to federal and state awards, we represent the following to you: We are responsible for understanding and complying with and have complied with the requirements of OMB Circular A -133, Audits of States, focal Governments, and Non -Profit Organizations, including requirements relating to preparation of the schedule of expenditures of federal awards. We acknowledge our responsibility for presenting the schedule of expenditures of federal awards ( "SEFA') in accordance with the requirements of OMB Circular A -133 Section 31 O.b, and we believe the SEFA, including its form and content, is fairly presented in accordance with OMB Circular A-133 Section 31.O.b. The methods of measurement or presentation of the SEFA have not changed from those used in the prior period and we have disclosed to you any significant assumptions and interpretations underlying the measurement or presentation of the SEFA. We have identified and disclosed to you all of our government programs and related activities subject to OMB Circular A -133 and included in the SEFA made during the audit period for all awards provided by federal agencies in the form of grants, federal cost - reimbursement contracts, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, and other direct assistance. We are responsible for understanding and complying with, and have complied with, the requirements of laws, regulations, and the provisions of contracts and grant agreements related to each of our federal programs and have identified and disclosed to you the requirements of laws, regulations, and the provisions of contracts and grant agreements that are considered to have a direct and material effect on each major program. ® We are responsible for establishing and maintaining, and have established and maintained, effective internal control over compliance requirements applicable to federal programs that provides reasonable assurance that we are managing our federal awards in compliance with laws, regulations, and the provisions of contracts and grant agreements that could have a material effect on our federal programs. We believe the internal control system is adequate and is functioning as intended. M ® We have made available to you all contracts and grant agreements (including amendments, if any) and any other I" correspondence with federal agencies or pass - through entities relevant to federal programs and related activities. We have received no requests from a federal agency to audit one more specific programs as a major program. We have complied with the direct and material compliance requirements, including when applicable, those set forth in the OMB Circular A -133 Compliance Supplement, relating to federal awards and have identified and disclosed to you all amounts questioned and all known: noncompliance with the requirements of federal awards. ® We have disclosed any communications from grantors and pass- through entities concerning possible noncompliance with the direct and material compliance requirements, including communications received from the end of the period covered by the compliance audit to the date of the auditor's report. * We have disclosed to you the findings received and related corrective actions taken for previous audits, attestation engagements, and internal or external monitoring that directly relate to the objectives of the compliance audit, including findings received and corrective actions taken from the end of the period covered by the compliance audit to the date of the auditor's report. ® Amounts claimed or used for matching were determined in accordance with relevant guidelines in OMB Circular A- 87, Cost Principles for State, Local, and Indian Tribal Governments, and OMB's Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. We have disclosed to you our interpretations of compliance requirements that may have varying interpretations. We have made available. to you all documentation related to compliance with the direct material compliance requirements, including information related to the federal program financial reports and claims for advances and reimbursements. ® We have disclosed to you the nature of any subsequent events that provide additional evidence about conditions that existed at the end of the reporting period affecting noncompliance during the reporting period. ® There are no such known instances of noncompliance with direct and material compliance requirements that occurred subsequent to the period covered by the auditor's report. No changes have been made in internal control over compliance or other factors that might significantly affect internal control, including any corrective action we have taken regarding significant deficiencies in internal control over compliance (including material weaknesses in internal control over compliance), subsequent to the date as of which compliance was audited. ® Federal program financial reports and claims for advances and reimbursements are supported by the books and records from which the financial statements have been prepared. The copies of federal program financial reports provided you are true copies of the reports submitted, or electronically transmitted, to the respective federal agency or pass - through entity, as applicable. ® We have monitored subrecipients to determine that they have expended pass - through assistance in accordance with applicable laws and regulations and have met the requirements of OMB Circular A -133. ® We have taken appropriate action, including issuing management decisions, on a timely basis after receipt of subrecipient's auditor's reports that identified noncompliance with laws, regulations, or the provisions of contracts or grant agreements and have ensured that subrecipients have taken the appropriate and timely corrective action on findings. ® We have considered the results of subrecipient audits and have made any necessary adjustments to our books and records. ® We have charged costs to federal awards in accordance with applicable cost principles. We are responsible for and have accurately prepared the summary schedule of prior audit findings to include all findings required to be included by OMB Circular A -133 and we have provided you with all information on the status of the follow-up on prior audit findings by federal awarding agencies and pass-through entities, including all management decisions. • We are responsible for and have accurately prepared the auditee section of the Data Collection Form as required by 010 Circular A -133. • We are responsible for preparing and implementing a corrective action plan for each audit finding. • The Schedule of Expenditures of New York Department of Transportation Assistance was prepared in accordance with the requirements of Draft Part 43 of the "New York State Codification of Rules and Regulations." Other Specific Representations ® The City is responsible for determining and maintaining the adequacy of the allowance for doubtful notes, loans, interfund receivables, and accounts receivables, as well as estimates used to determine such amounts. Management believes the allowances are adequate to absorb currently estimated bad debts in the account balances. ® No department or agency of the City has reported a material instance of noncompliance to us. * The City has analyzed, justified and provided recommendations relating to all sole, source and professional services contracts for the appropriate approval. ® The City's labor agreements provide for sick leave, vacations, and miscellaneous other paid absences. The City's policy is to pay employees for unused vacation, compensatory time, and sick time based on the union agreements when there is separation from service. For governmental activities, the amount is accrued in the government-wide statement of net position as long-term liabilities. For business-type activities, the full liability is recognized in both the government -wide statement of net position and the proprietary fund financial statements. Estimated sick leave and compensatory time accumulated by governmental fund type employees has been recorded. Payment of sick leave and compensatory time is dependent upon many factors; therefore, timing of future payments is not readily determinable. The value recorded in the government-wide financial statements at June 30, 2014, for government- wide activities is $31,057,337 of which $29,583,948 has been recorded within governmental activities as a non- current liability, and $1,473,389 for business-type activities. Management believes that sufficient resources will be made available for the payments of sick leave and compensatory time when such payments become due. • Judgments and claims liability, which totals $9,700,000 at June 30, 2014, represents estimated amounts due for various outstanding claims. Payment of these estimated amounts are dependent upon many factors (including outstanding litigation). The City has estimated that $2,800,000 will be paid in the next fiscal year. • in accordance with the Environmental Conservation Law of the State of New York, the City is complying with post- closure monitoring of Squaw Island. The cost of post-closure is based on the percentage of the landfill's total capacity used to date, which is 100%. The City is still required to monitor the site for another 14 years, with an estimated annual cost of $70,000 each of the remaining years. The estimate, which is subject to various changes resulting from inflation, deflation, technology or changes in the applicable laws or regulations, for the outstanding liability at June 30, 2014 was $980,000. • The City considers encumbrances to be significant for amounts that are encumbered in excess of $500,000. • Management determined that BFSA Special Revenue Fund nonexchange transactions, in which the BFSA receives value directly without giving equal value in exchange, include State aid and sales taxes and are recognized in the fiscal year for which stated aid and taxes are earned or designated. At June 30, 2014, $243,427 of fund balance was restricted for state aid that did not meet the BFSA Special Revenue Fund revenue recognition criteria. • The City's investment policy limits investment maturities as a means of managing its exposure to fair value losses arising from increasing interest rates. Although permitted investments are limited to a maximum of two years, the 0 City generally limits these to under twelve months. Additionally, for reporting purposes, the City considers certificates of deposits and revenue anticipation notes as investments. With regard to the fair value measurements and disclosure' of certain assets, liabilities, and specific components of equity, such as investments, we believe that: ® The measurement methods, including the related assumptions, used in determining the fair value were appropriate and were consistently applied. * The completeness and adequacy of the disclosures related to fair values are in conformity with accounting principles generally accepted in the United States of America. Management determined that due to the relationship between the Water Board, the Water Authority and the Water Enterprise proprietary funds, the financial position of the Water System is best represented by a single business-type activity proprietary fund. Management has classified $16,987,032 of its General Fund fund balance as nonspendable in regards to a long-term receivable to the Solid Waste and Recycling Fund for operating losses incurred in the fund since its inception. The Solid Waste and Recycling Fund has a total net position deficit of $30,428,944 at June 30, 2014. The City does not budget for depreciation, other post-employment benefits and other noncash expenditures. Although the City anticipates the deficit to be remedied by future rate increases or through General Fund subsidies, no formal plan exists. Management has evaluated subsequent events through November 18, 2014, which is the date the financial statements are available for issuance, and have determined that there are no subsequent events that require disclosure under generally accepted accounting principles. In addition to the audit services, Drescher & Malecki LLP has assisted the City in compiling the federal financial assistance schedules for the year ended June 30, 2014. In conjunction with the compilation of the financial statements the City has performed the following functions: * Made all management decisions and perform all management functions. ® Designated William Ferguson, CPA, City Accountant, whom we believe has suitable skill, knowledge and/or experience who has overseen this service. ® Evaluated the adequacy and results of the services performed. * Accepted responsibility for the results of the services. City management understands that Drescher & Malecki LLP has not performed any management functions or made management decisions on behalf of the City. Any nonattest services were performed in accordance with applicable professional standards issued by the American Institute of Certified Public Accountants. rro . Brown, ' 4a or r , W. Brown, �M or (M J.F. Schroeder, Comptroller fitn6thy A. Ball, bofpbration Counsel N COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: April 7, 2015 FROM: The Department of Audit & Control SUBJECT: Single Audit Attached is the "single audit" of federal financial assistance programs received by the City of Buffalo, New York for the fiscal year ending June 30, 2014. This document is comprised of separate reports for the City of Buffalo Primary Government, the Buffalo Urban Renewal Agency Component Unit, and the Buffalo Board of Education Component Unit. Management of each component unit is responsible for establishing and maintaining the internal control structure necessary to facilitate accurate reporting and compliance with applicable laws and regulations. The reports of the independent auditors include, where applicable, their findings and recommendations and management's response. The reports were prepared in accordance with generally accepted auditing standards, as required by the U.S. Office of Management and Budget's Circular A -133, Audits of States, Local Governments and Non- Profit Organizations. I respectfully acknowledge the continuing efforts of the staff of each component unit, their independent auditors, the Mayor, and your Honorable Body for assistance in compiling this report. Please contact me if you have any questions or concerns. DEPARTMENT BEAD: Mark J. F. Schroeder TITLE: Comptroller SIGNATURE: REFERRED TO THE COMMITTEE ON FINANCE. W 17303002-423002 General City Police & Fire Pension $1,202,000 m 12136006-443303 Fire Fleet Maintenance — Vehicle Drive Train Repair $ 100,000 13296006-443200 Public Works - Buildings Repairs $ 202,000 15050006-443303 Public Works-Streets-Vehicle Drive Train Repairs $ 350,000 15050006-443302 Public Works-Streets-Vehicle Body Repairs $ 50,000 15030005-461106 Public Works — Street Cleaning — Salt & Sand $ 500,000 JYRON W. BRO AfA YOR FROM THE COMMISSIONER OF PUBLIC WORDS PARKS AND STREETS April 14, 2015 0 0 6 PRIOR COUNCIL REFERENCE: (IF ANY) I hereby submit to your Honorable Body the following Agreement Modification between City of Buffalo and Smith Boys Buffalo Harbor, Inc. for the Erie Basin Marina Nautical Operations. As per terms of current management agreement, the annual business plan for the Erie Basin Marina Nautical Operations has been submitted by Smith Boys, Inc. and reviewed by the Department of Public Works, Parks and Streets. Please find attached to this communication a copy of the Agreement Modification necessary to maximize services in, and efficient operation of, the Erie Basin Marina Nautical Operations. Authorization is hereby requested from Your Honorable Body for this no cost Agreement Modification subject only to such clarification as may be recommended by Corporation Counsel in finalizing the Agreement modification. Thank you for your consideration. TYPE DEPARTMENT HEAD NAME: TYPE TITLE: Steven J. Stepniak Commissioner AGREEMENT MODIFICATION This Agreement Modification, effective , 2015 is between the City of Buffalo ( "City ") a municipal corporation, with its principal office at 502 City Hall, Buffalo, New York and Smith Boys Buffalo Harbor, Inc. ( "Operator") a New York corporation with offices located at 280 Michigan Street, North Tonawanda, New York 14220 modifies the Agreement between the City and the Operator dated and effective April 26, 2014 ( "Agreement "). The Agreement is hereby amended as follows: 1. References in the Agreement to the Deputy Commissioner of Public Works, Parks and Streets for Parks and Recreation shall be deemed to refer to the "Commissioner of Public Works, Parks and Streets or his designee." 2. In Paragraph numbered 9 the following shall be deemed added to the end thereof: "Losses that are related to the Operator's means and methods for winterizing the Marina will be repaired or replaced by the Operator at no cost to the City, during the term of the Agreement ". The City acknowledges that any loss caused by the operator's means and methods for winterizing, if any, may not be covered by the operator's insurance. 3. Paragraph 11, is revised to read "Any proposed Operator driven operational changes and /or any proposed Operator driven changes to the Erie Basin Marina shall be subject to approval by the City DPW Commissioner and the formal approval of the Common Council of the City of Buffalo before any effectuation thereof is undertaken. Slip contracts will be mailed or sent out on or before December 1st of the year preceding the season with 35% non - refundable deposit due on or before December 31 of said year. Payment in full shall be made on or before March 1St for the 2015 season and February 1St for the 2016 season. Payment in full shall be due on or before December 31 for the 2017 and 2018 seasons and the provision for deposit shall not apply. Notwithstanding the foregoing, the Operator will send slip contracts out for the 2014 season within ten (10) days of the contract signing with payment due before April 30, 2014." 4. Add Paragraph 18 to the Agreement to read "The City and Operator agree that expenses reported on the financial statements provided to the City are limited to direct expenses of the Erie Basin Marina. For personnel, this is defined as time spent for work at the Erie Basin Marina property or work performed for Erie Basin Marina / Smith Boys Buffalo Harbor, Inc. The exception is accounting expenses incurred at Operator's home office site that are related to the management of the Erie Basin Marina. Those expenses shall be limited to $60,000 annually, adjusted for the inflation percentage as set forth in the Agreement, and shall be reported on the monthly financial report as 'Home Office Accounting Services. "' t 5. ,odd Paragraph 19 to the Agreement to read "The City and Operator agree that outside vendors may be charged a fee by the Operator, not to exceed 20% of the non- taxable amount invoiced to the slip holder in consideration for usage of the Marina property and utilities. The City and Operator further agree that outside vendors shall be allowed by Operator on the property to provide in -water services for slip holders provided that they provide evidence of insurance as specified elsewhere in the contract which lists the City of Buffalo and Smith Boys Buffalo Harbor, Inc. as additional insured." 6. Add Paragraph 20 to the Agreement to read "The City and Operator agree that the Marina shall be fully winterized by November 15 of each year. Failure to meet this deadline shall subject the Operator to a fine not to exceed $100 per calendar day payable to the City of Buffalo. The Operator may request an extension from the Commissioner of Public Works, Parks and Streets in the event that conditions outside of the Operator's control prevent winterization prior to this deadline." 7. Add Paragraph 21 to the Agreement to read "The City and Operator agree that slip - holders in good standing shall be exempt from paying the launch ramp fee, once, between October 1 and October 15. Operator approved vendors and/or commercial operators will be charged $ 25.00 for each use of the launch ramp. Commercial operators are defined as persons hauling or launching vessels that are not legally registered or owned by them. B. Add Paragraph 22 to the Agreement to read "The City and Operator agree that dry dock space is limited to 1 vessel on 1 trailer or 2 personal water craft on 1 personal water craft trailer. Spaces shall additionally be governed by the requirement that the combinations above shall fit within the delineated space as defined by operator." 9. Add Paragraph 23 to the Agreement to read "The City and Operator agree that the Operator shall be allowed to charge for parking at any time that the operator of the parking lots at 20 Wilkenson Way and or 20 Lakefront Blvd is charging for parking. Parking charges shall be limited to a maximum of $5 per space. Vehicles displaying the current year Operator's slip - holder parking tag, "Erie Basin Marina Staff" tag and guest tags for slip - holders shall be exempt from payment for event parking. The Operator shall report all revenue generated as event parking revenue and maintain records of revenue as required by the Agreement. Further, the vendor shall provide documentation acceptable to the City of the dates and times when the parking lots at 20 Wilkenson Way and or 20 Lakefront Blvd are charging for parking." 10. Add Paragraph 24 to the Agreement to read "The Operator shall maintain the beach area in good condition, free of debris, throughout the entire Marina operation season. This shall include the employment of heavy equipment to remove large debris. The beach shall be cleaned within 15 calendar days of major storms that deposit debris on the beach. The City will continue to dispose of the debris that is placed on the curbside by the Operator. Failure to comply with the requirement above shall subject the Operator to a fine not to exceed $100 per calendar day � outside payable to the City of Buffalo. The Operator may request an extension from the Commissioner of Public Works, Parks and Streets in the event that conditions 11. Add Paragraph � that the � the year-end financial report which shall be provided no later than November ' annually, ,nm � in the context of the original 5-year business plan which is attached hereto as Exhibit E. Future rates may be subject to change (increase or decrease) by mutual agreement of ' Buffalo! 12. Add Paragraph 26 to the Agreement to read "The Operator shall maintain a waiting list of potential slip holders - (applicants) that � not c"./cuwy available.� time that they apply for addition to the waiting list. The list may be kept bv slip size, ` dip type (floating or fixed) or for a specific slip at the Operator's discretion, The � Operator shall submit the waiting list to the City as part of its monthly report as � specified in Exhibit A, Paragraph U|.d. � a. Applicants shall be added to the bottom of the current list at the time that they express interest in being added to the list. Open slips shall be rented by canvassing the current list from top tnbottom. Canvassing is defined as a telephone call, if no answer, a message left on a message machine (if � applicable) or an email if provided by applicant. Choice of communication is � at the operator's discretion. � b. Applicants shall be responsible for providing and maintaining the Operator with current contact information and have no greater than 48 hours to respond verbally to a canvasing and no greater than 10 business days tn provide payment after responding verbally. Applicants that do not respond to o canvasing, failure to make payment asspecified above or state that they are not interested in the current opening shall be removed from the waiting list. Applicants that are removed from the |iu1 may request to be added to the bottom of the |bt." 13. Add Paragraph 27 to the Agreement to read "Reserved for Personal Water Craft Dock Provisions" 14. Add Paragraph 28 to the Agreement to read "a1 the Operator's discretion, the Operator may offer the fu||ovvinK discounts for partial season slip rental and dry docking. The dates below reference the time of the season that the rental starts. The discount amount for the time periods below must be provided to the City and posted in the Marina Manager's office no later than 5 days prior to the start of the discount period. a. July5—]uly31 Uptoa3O% discount on the season rate b. August 1 —August ]1 Uptoa4U% discount on the season rate c. September 1—Close UptoaSO% discount on the season rate" ' ` 15. Add Paragraph 29 to the Agreement to read "The Operator is prohibited from displaying boats for sale directly on the eriebasinmarina.org website or the property, unless the boats are on display as part of an event permitted through the City of Buffalo Special Events office. The Operator may post a link to boat sales on 16. Add Paragraph 30 to the Agreement to read "The City reserves the right to make the final decision on termination of a slip holder contract." 17. Exhibit A, Paragraph III.d: add: L The vendor shall include item ization_Df _all repairs that were undertaken each month in excess of_�1000.00. The vendor shall include a schedule of depreciable assets that it is c1giMi[I�s financial reports, in excess of those listed in the or�g�� method at the operator's discretion. 18. Exhibit A, Paragraph Ill.h.ii: substitute "The normal hours of operation for the Ship's store and Gas Dock shall be from 6:00 AM to 10:00 PM. This was adjusted in the approved budget to 8:30 a.m. to 9:00 p.m., In addition, the following line will be added: "The Operator can propose aohange to the general Ship Store hours and Gas Dock Hours for approval bv the City ofBuffalo Commissioner uf Public Works orhis designee. The approved general Ship Store hours and Gas Dock hours shall be posted on the Operator'svxebsite, at the store and shall be communicated to the slip holders in writing at least once per year. The Operator, at his discretion, may elect to alter the Ship Stove hours and Gas Dock hours on a daily basis based on weather conditions." $85/1-F. 2018, $95/1-F. City residents will be afforded a 10% discount on the rate above with the slip rent rounded up to the nearest dollar per linear foot." 20. Exhibit B-1, Paragraph 1, add "...clue on April V of each year unless the City and Operator mutually agree to a revised rate schedule. The amount due shall be reduced by the amount of revenue generated by fees for parking. " 21. Exhibit 8-1, Paragraph 3, revise to read "20% Transient slips is defined as 28 dips. Further, for the purpose of this calculation, the wall can be considered ay1y�2 yUos-" 22. Exhibit B,1, Paragraph 11, revise toread a. "Transient Fee $2.00 per foot 4%, See Note 1, 2 b. "Note 2: The Operator may propose promotional pricing for transient boating ona seasonal basis. Promotional pricing must be submitted tothe Commissioner of Public Works, Parks and Streets for approval as part of the Operator's annual business plan. The approved promotional pricing must be posted in the Marina manager's office." \~ � � ` am Its: I STATE OF NEW YORK) ERIE COUNTY ) oo� � CITY OF BUFFALO On _ day of in the year 2015, before me the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public, Buffalo, New York My Commission expires: ` STATE OF NEW YORK) ` ERIE COUNTY ) mu: CITY OF BUFFALO On ______ day of_jn the year 2015 before me the undersigned, personally appeared , personally known turneor proved tomemn the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public, Buffalo, New York My Commission expires: Authorization for Management Agreement Modification for Erie Basin Marina Nautical Operations between the City of Buffalo and Smith Boys Buffalo Harbor, Inc, (DPW) Mr: Smith moved: That the above item be, and the above communication from the Commissioner; of the Department of Public Works, Parks and Streets, dated April 9, 201.5, be received and filed; and That the Common Council hereby approves the Agreement Modifications between the City of Buffalo and Smith Boys Buffalo Harbor, Inc. for the Erie Basin Marina Nautical Operations, PASSED C:\ Users\ lmcinski \AppData\Locat\Microsoft \Windows \Temporary Internet Fites\ Content .Outlook \OX32QV W6\Management Agreement Modification -Erie Basin Marina.docx , AYE* NO LTA m * m MANCZYK m b sy O * T L RED G EN T T RIMRA Tq y g�(p�g N M yyR R [ 4 51 T [ 2/3 ] ° t [314 m 7] t I" C� f"� A -'I U -Al #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL CA TO: THE COMMON COUNCIL DATE: April 8, 201 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT Change In Contract Cars on Main Street ® 600 Block Contract #93001014 ® DiDonato Associates PIN #5822.12 Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) Contract Summary Contract Amount: $1,794,715.00 + Amount of Change Order: $ 4�44226.02 Revised Contract Amount: $2,278,941.02 City ti Change Order - $0.00 — Shift of funds from Construction to Construction Administration and Inspection I hereby submit to your Honorable Body the following change for this contract. DiDonato Associates is t Engineering Consultant for the Cars on Main Street — 600 Block project for the City of Buffalo. I This referenced contract provided for the Construction Administration and Inspection of the ♦00 Block project, whiR was a collaborative effort between the City and NFTA. In addition, this is a federally funded project and the fundirre breakdown is 80% Federal, 15% NYSDOT and 5% City. I ........... :'' M��� TYPE TITLE: Acting City Enginell SIGNATURE OF DEPARTMENT HEAD: (MainSt-600B1ock-changeorder-040715.doc) Change in Contract— Cars on Main Street — 600 Block (Ell)(DPW) Mr. Smith moved. That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated April 8, 2015, be received and filed; and That the Common 'Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $484,226.02 (Contract Amount $1,794,715.00'+ Change Order $484,226.02 for a Devised Contract Amount of $2,278,941.02) for the Cars on Main Street — 600 Block — Project, to DiDonato Associates; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to transfer $484,226.02 to the Construction Administration Contract. The funds are available in Capital Projects account #31910006-445100. PASSED C:\ Users\lrucinski \AppData\Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \OX32QV W6 \Change in Contract- DiDonato -600 Block of Main.docx f t [ ] [ [2/ ] [314 d 7 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 3, 2015 available I respectfully request that your Honorable Body approve the subject deduct change order and authorize the.- Commissioner of Public Works, Parks and Streets to issue said deduct of $484,226.02 from the Construction contract. Funds are • ital Projects Account: ` 141+ , ! i TYPE TITLE: Acting City Engineer 1 14 SIGNATURE OF DEPARTMENT HEAD: (MainSt- 600Block- changeorder- 040715. doc) 1 Change in Contract — Cars on Main Street — 600 Block (Ell)(DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated April 8, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $484,226.02 (Contract Amount $6,070,440.90 + Change Order $484,226.02 for a Revised Contract Amount of $5,586,214.88) for the Cars on Main Street - 600 Block Project, to Mark Cerrone, Inc. The funds are available in Capital Projects Account #31910006 - 445100. PASSED C:\ Users\ irucinski \AppData\Local\Microsoft \Windows \Temporary Internet Files\Content.Outlook \OX32QV W6 \Change in Contract - Cerrone -600 Block of Main.docx TA �7 g(v .t' :L''7 S ANA FRANC L- FK yT y Cg 8 V m T LRIDG EN RF% ERA w. SC O WYATT [WJ _ [213 m6] [314 - 7] Professional Design Services — Supplemental Environmental Testing Add $5,150.00 Summary: Original Contract Approved Amount $28,700.00 Amount of This Change Order $5,150.00 Revised Contract Amount $33,850.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and cquitable. Funds for this work will be available in account 37321306-445 100 Buildings. i ter* Change in Contract - Cazenovia Pool Steel and Roof Reconstruction (South)(DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated April 2, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $5,150.00 (Contract Amount $28,700.00 + Change Order $5,150.00 for a Revised Contract Amount of $33,850.00) for the Cazenovia Pool Steel and Roof Replacement, to DiDonato Associates, C #93001460. The funds are available in Account #37321306- 445100 - Buildings. PASSED C:\ Users\ lrucinski\ AppData\ Loca l\Microsoft\Windows\Temporary Internet Files \Content.Outlook \OX32QVW6 \Change in Contract -Caz Pool steel and roof replacement.docx \ "` TAY * NO � '''qqpp ��'jj}9'� �jj�{jj{ L ANA bb FRAN T .LT LO V LRID T T T RTVE y A d..ti °p +5 S 4 ] [3/4 7 l v PRIOR COUNCIL REFERENCE: (IF ANY) I hereby submit to Your Honorable Body the following changes for the City Court, Women's Holding Center, Sicoli Construction., contract#93001425. Various changes to scope of work Summary: Original Contract Amount Amount of This Change Order Revised Contract Amount Costs have been reviewed by the consultant Kideney Architects PC and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in account # 13296007® 473020. TYPE TITLE: Deputy Commissioner of Buildings & Energy Management IGNATURE OF DEPARTMENT HEAD: SJS:RS:PS:cmg Cc: Comptroller Change in Contract Women's Holding Area (Ell)(DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated April 4, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $16,035.40 (Contract .Amount $591,000.00 + Change Order $16,035.40 for a Revised Contract Amount of $607,035.40) for the City Court, Women's Holding Center, to Sicoli Construction, C #93001425. The funds are available in Account #13296007 ®473020. PASSED C:\ Users\ lmcinski \AppData\Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \OX32QVW6 \Change in Contract - Womens Holding Area.docx � �\ 1 \ A E N o * . dkƒANA .. « FRANCZYK U\O EK LOCURTO \ \ ^& a \� \RRI / / \ \\ \* * * . . . \RIV � . \SC NtON . WAIT( , * [.WW- 51 [213 - 6] . . [3/4 - 7] . t �\ 1 I hereby submit to Your Honorable Body the following changes for Numarco Inc., Contract #93001422. 1. To increase the sizing of the floor drains and sanitary lines Add $12,648.00 Summary: Original Contract Amount $136,000.00 Amount of This Change Order $129648.00 Revised Contract Amount $148,648.00 Costs have been reviewed by the consultant Kideney Architects PC and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in account No. 13296007-473020 Buildings. TYPE TITLE- Deputy Commissioner of Buildings & Energy Management �IGNATURE OF DEPARTMENT HEAD: SJS:RS:PS:cmg Cc: Comptroller AZ% R Change in Contract — Women's Holding Area City Court Basement {Ell }(DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated April 2, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets' to execute a Change Order in the `amount of $12,648.00 (Contract Amount $136,000.00 + Change Order $12,648.00 for a Revised Contract Amount of $148,648.00) for the City Court, Women's Holding Center, to Sicoli Construction, C #93001425: The funds are available in Account #13296007 - 473020. PASSED C: \Users\lrucinski \AppData\ Local \1alicrosoft \Windows\Temporary Internet Files \Content.Outtook\OX32QV W6 \Change in Contract- Womens Holding Area- 12k.docx T ' AYE* O � 'ppk7# LOTANA FRAN $ fyll � f f fp wbd T T Q-L T T yy ``99$$ 3d O T T L G T SCANLON * ' smilu WYAIT [ A [ 3 1 `H� q io e 5 d [3/4 v 7 - U 9; #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: April 6, 2015 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Streets SUBJECT: Notice of Emergency Contracting 2014 November to Remember Snow Removal Effort Amendment for Additional Contractor PRIOR COUNCIL REFERENCE: (IF ANY) Item 306 of 2117/15 Pursuant to Chapter 16-3 of the City Charter and Chapter 103 [4] of Now York State General Municipal Law, the Department of Public Works, Parks and Streets entered into agreements with several contractors to perform snow removal services. Your Honorable Body approved the standard agreement and list of contractors in the subject prior Council reference. My office is requesting approval of the following addition to the approved contractor list: Yarussi Construction Inc. 5650 Simmons Ave Niagara Falls, NY 14304 SJS:MJF:kem cc. Jason Shell TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Steven J. Stepniak Commissione NMI' orks,--Park§ & Streets Notice of Emergency Contracting — 2014 November Snow Removal Effort— Amendment (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated April 6, 2015, be received and filed, That the Common Council, pursuant to Chapter 16 -3 of the City Charter, and Chapter 103[4] of the New York State General Municipal Law, hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to amend the approved contractor list to include Yarussi Contracting, Inc. for emergency snow removal services. PASSED C:\ UsersVm6nski4AppData\LomIMcrowftkWindowsXTemporary Intemet Files \Content.Oagwk1OX32QV\V6\Notice of Emergency Contracting -snow mmoval.docx y\ . � ^ 'AYE NO < \ UN\ANA . % NC - � \ \ 90\Q EK O \O \ \! ^ * < ^.\ G d \ wRDIRA . . . ../C / \SON : \J URR- YA « \ « A . .{ K -5 ] . [21] - 6] / \ [3/4 - 7] y\ . � ^ r #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 9, 2015 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: ENGINEERING SUBJECT: j: ;Permission to engage services of Consulting Engineer [: for Procurement and Construction Management Services for [: repair and Replacement of Infrastructure Damaged by the [: 2014 November to Remember Storm [ South and Lovejoy Council Districts PRIOR COUNCIL REFERENCE: (IF ANY) [: None TEXT: (TYPE SINGLE SPACE BELOW) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide procurement and construction management services for multiple construction contracts that are required to repair or replace infrastructure that was damaged during the 2014 November to Remember Storm. The costs for consulting services are estimated not to exceed 10% of total the construction cost in accordance with FEMA guidelines for reimbursement. The funds are available in Grant account(s) 25125006 434000 and/or an account(s) to be named at a later date. The consultant will be chosen through a Request for Qualifications (RFQ) process. fI Recommended: zwz 4y " TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak Michael J. Finn, P.E., Acting City Engineer TYPE TITLE: Commissioner of Public Works, Parks & Streets �- SIGNATURE OF DEPARTMENT HEAD � � Permission to Engage Services of Consulting Engineer for Procurement and Construction Management Services for Repair and Replacement of Infrastructure Damaged by the 2014 November to Remember Storm (South and Lov) (DPW) Mr. Smith moved; That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated April 9, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide consulting procurement and construction management services for multiple construction contracts that are required to repair or replace infrastructure that was damaged during the 2014 November to Remember Storm. The consultant will be chosen through a Request for Qualifications (RFQ) process. The costs for consulting services are estimated not to exceed 10% of the total construction cost in accordance with FEMA guidelines for reimbursement. The funds are available in Grant Account(s) #25125006 434000 and /or an account(s) to be named at a later date. PASSED C:\ Users \lrucinski\AppData\Local \Microsoft \Windows \Temporary Intemet Files\Content .Outlook \OX32QV W6\Permission to engage srvcs- infrastructure repair -Nov Storm.docx YO I N 'AYE* N � ETA E 9 EK g' fi y P L O T PRIDGEN m RIVERA S4,r i''t [ W] [ ® 6] _ [3/4 - 7] N PRIOR COUNCIL REFERENCE: (IF ANY) I hereby submit to your Honorable Body the attached license agreement between the City of Buffalo and M&T Bank for the installation and operation of a free to the public WiFi system proposed to be installed by M&T at no cost to the City along Main Street, the Inner Harbor area and into the Erie Basin Marina property. The license agreement has been reviewed by the Department of Public Works, Parks and Streets in cooperation with the Corporation Counsel's office and the Management Information Systems Department and was determined to be acceptable. Authorization is hereby requested from Your Honorable Body for the Commissioner of Public Works, Parks and Streets to enter into this License Agreement subject only to such clarifications as are recommended by the Corporation Counsel in finalizing the License Agreement. Thank you for your consideration. TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner WHEREAS, « «« desires to erect, use and maintain certain components of publicly « p system within the o and property described «b ove (the foregoing proposed - il'i system compo encroachments and improvements are hereinafter collectively referred to as the "Facilities"); WHEREAS, Licensor desires to conditionally accommodate the Licensee by licensing to Licensee access to the public rights-of-way and property listed above for the Licensee to erect, install, use and maintain the Facilities after plans and specifications setting forth the Facilities installation methodology and Facilities maintenance, repair and operations have been provided to Licensor by Licensee and approved by Licensor in Licensor's sole discretion, said Facilities to be erected, installed, used and maintained by Licensee substantially as shown on the Engineering Drawings and Specifications to be attached hereto and made a part hereof as Exhibit A but pursuant to the more detailed plans and specifications underlying the permits yet to be obtained by Licensee (said detailed plans and specifications are to be submitted to Licensor by Licensee and shall be subject to Licensor's review/comment/modification and approval in Licensor's sole discretion) and; WHEREAS, the City of Buffalo Common Council authorized this Revocable License Agreement as Item number of the Common Council Proceedings. NOW, THEREFORE, in consideration of $1.00 and more paid, receipt of which is hereby acknowledged, the mutual covenants and agreements made herein, and other good and valuable consideration given by each party to the other, the receipt and sufficiency of which is hereby acknowledged, it is hereby mutually agreed by and between Licensee and Licensor as follows: 1. Revocable License Licensor hereby grants to Licensee, for use by Licensee and its contractors and agents (which have been approved by the City in the City's sole discretion), a non - exclusive revocable license (the "Revocable License ") to attach its Facilities to certain City owned street light poles listed in Exhibit B, which may be amended by the Commissioner (defined below) upon request of Licensee to facilitate a change in field conditions. The purpose of this Revocable License is to allow Licensee to erect, install, use and maintain the Facilities to provide the benefit of a publicly accessible Wifi system around and near the Facilities. In connection therewith, Licensee may, at no cost to Licensor, attach its Facilities to the City owned street light poles listed on Exhibit B, subject to Licensee first obtaining the required pertinent building permits listed on Exhibit C, and any other permits that may reasonably be required and necessary to erect, install, use and maintain the Facilities ( "Permits "), all in accordance with plans and specifications duly approved by pertinent permitting authorities and any other pertinent government authorities 1 including, but not limited to, the Services ("Authorities"). Further, said plans and specifications are to be submitted to Licensor and the Commissioner of the City of Buffalo Department of Public Works, Parks and Streets (the "Commissioner") and shall be subject to Licensor's and the Commissioner's review/comment/modification and approval in their sole respective discretion. All plans and specifications, construction and maintenance shall be paid for by Licensee. Other permits required may include temporary sidewalk closure permits for installation. Licensor, at no cost to Licensor, shall provide commercially reasonable assistance to assist Licensee in obtaining Permits from the 2. This Revocable License shall be subject to all utility lines, rights and/or easements and urrights of others, whether or not of record, now existing and orinthe future granted bvUcensororothers,foranypurposes including but not limited to utilities located or to be located in, under, within, adjacent to, upon and/or aboye1heFadUties,andUcenSorhepebvresen/es easements and all rights of access for said utilities and any other uses, including but not limited to the right to enter, or permit the applicable utility companies or others to enter, in, under, within, adjacent to, upon and/or above the Facilities without notice to the Licensee for purposes ofinstalling, inspecting, maintaining, replacing, improving, removing and/or relocating such lines, utilities and or facilities within or near the Facilities. Licensor is not obligated to restore (or cause any disrupting entity which accesses the Facilities or areas near the Revocable License area) Licensee's impoovements/Fari|itiey. However, Licensor shall endeavor tn provide or cause Licensee to be provided with reasonable advance notice whenever commercially possible if Licensor's, utilities, or any other person or entity's access to the Surroundings (defined below) may affect the Facilities or Licensee's quiet enjoyment of the Revocable License provided hereunder. To the extent possible, Licensor shall provide Licensee with reasonable advance notice before Licensor accesses or authorizes others (including but not limited to the Department of Public Works, Parks and Streets) to access the Facilities. Notwithstanding the foregoing, the City may itself, or authorize others to, access the Facilities in case of emergency without providing Licensee with advance notice. The City will cause commercially reasonable care to be used to prevent damage to the Facilities under such circumstances. 3. Licensee shall be solely responsible for obtaining, at its sole cost and expense, all applicable permits and approvals for all improvements to be made to in connection with installing the Facilities. 4. Licensee shall, at no cost to Licensor, keep the Facilities in good condition and repair and also in such condition ao may be required bvlaw. Licensee's obligation 0o keep the Facilities in good condition and repair only applies 10 the Facilities themselves. Licensee does not have any responsibility, financial or otherwise, to keep any material, area, structure, pole, device, land, easement, right-of-way, property, or location that supports, leads to, surrounds, is connected to, or is in near proximity to the Facilities or the Revocable License area ("Surroundings") in good condition or repair to the extent that Licensee has not caused any damage to such Surroundings. For the purpose of clarity, the Surroundings do not include the Facilities. Within thirty (30) days of the effective date of termination of this Revocable License, Licensee shall disable the Facilities and remove the Facilities and all other related improvements as soon as commercially possible, and shall otherwise deliver City property to Licensor free of encroachments and improvements, all to the satisfaction of Licensor inLicenso/s sole reasonable discretion. (jam j� 5. Licensee shall use the Facilities solely at Licensee's own risk. Licensor shall not be liable to Licensee or Licensee's employees, agents, visitors, patrons, invitees or any other person whomsoever for any injury to person or damage to property in, near and/or under the Facilities caused by the negligence or misconduct of Licensee, its agents, servants or employees, or of any other person near the Facilities whether or not under the express or implied invitation of Licensee, or due to any other cause whatsoever, except to the extent that any of the foregoing are due to Licensor's negligence. 6. Licensor shall keep and maintain the street light poles listed in Exhibit Bin good condition and repair and shall promptly (and in no event more than seventy -two (72) hours) respond to requests for service and maintenance of the same to restore the street light poles to a condition of good repair for so long as the Revocable License granted to Licensee hereunder is in effect. 7. Licensee shall not be liable to Licensor or Licensee's employees, agents, visitors, patrons, invitees, other licensees or any other entity or person whomsoever for any injury to person or damage to property in, near and/or under the Surroundings caused by the negligence or misconduct of Licensor, its agents, servants or employees, or of any other entity or person near the Surroundings whether or not under the express or implied invitation of Licensor, or due to any other cause whatsoever, except to the extent that any of the foregoing are due to Licensee's negligence. B. Notwithstanding anything to the contrary in this Agreement, in no event shall either party be liable for indirect, incidental, consequential, special, punitive, or exemplary damages (even if such party has been advised of the possibility of such damages) in connection with this Agreement. 9. In furtherance of the foregoing, Licensee shall provide evidence of general liability insurance and excess liability insurance (with aggregate coverage limits in the amount of at least $5,000,000) and automobile liability insurance (any auto) in the amount of at least $1,000,000. Licensor shall be named as additional insured. Each such policy shall be issued by an insurance company licensed in New York State. Coverage limits can be adjusted in the City of Buffalo Corporation Counsel's discretion. 10. The Licensee shall have all obligations of Facility construction, erection, maintenance, repair and responsible use and operation (and ultimately pay for the costs of Facilities removal). 11. Notwithstanding anything in this Revocable License Agreement to the contrary, the Commissioner shall have the unilateral right to direct Licensee to remove the Facilities at any time. The Commissioner's directive for Facilities removal can be issued with or without cause, it being expressly understood by Licensee that this Revocable License Agreement is revocable by Licensor at any time with or without cause. In furtherance of the foregoing, if Licensee does not timely remove the Facilities within thirty (30) days of a written request of removal by Licensor, then Licensor shall have the unilateral right to remove the Facilities at any time and Licensor shall use reasonable efforts to salvage the component parts for Licensee. Subject to the foregoing notice requirement, if Licensor removes Facilities, Licensee shall reimburse the Licensoe's reasonable removal and storage costs. 12. Licensee will require its installation contractors to execute an access agreement that is acceptable to the City before such contractors are permitted to use this Revocable License. No access for construction 3 ' � \ r purposes by Licensee shall be deemed granted by Licensor unless and until the Commissioner gives the ` final ' approval in writing. 13. Licensee shall not have the right to assign and or sublet Licensee's rights, in part or in full, under this Revocable License Agreement. Only Facilities actually approved by the Licensor shall be permitted to be installed. ` 14. Licensee's and Licensor' obligations'' ` in ho 5, 7, 8,11,14, 20,21,22, and 23, together with all provisions of this Agreement which are by their nature intended to survive expiration or termination of this Agreement shall survive termination of this Revocable License Agreement. 15. The Licensee shall obtain written permission from National Grid in advance of the installation of any Facilities on City owned street light poles where National Grid provides power. Such poles are identified in Exhibit B. 16. The Licensee shall obtain written permission of the Niagara Frontier Transportation Authorky/NFTA\phor to installing any Facilities along Main Street. D. The Licensee's permission to broadcast signals is limited to those that are necessary for the publicly accessible VWFisystem. The signals that the Licensee broadcasts shall not interfere with any City or other entities' communication facilities, including, but not limited to, the Buffalo Police cameras and WiFi system. Should any such interference occur, the Parties will work together in good faith to resolve the cause of the 18. The Licensee shall directly connect the power for its Facilities on street lights where the power is provided by the City in accordance with details and specifications approved by the Commissioner. The City agrees not to charge for providing power to any of the Facilities' locations where the power is provided by the City 19. This Agreement grants Licensee a Revocable License pursuant to the terms and conditions set forth herein Nothing contained in this Agreement requires Licensee to install any Facilities or to keep any Facilities in place for any specific length oftime. Licensee may remove the Facilities at any time and for any reason. 20. This Agreement constitutes the entire agreement nf the Parties with respect to the subject matter hereof, and there are no representations, understandings, or agreements relative hereto, written or oral, which are not fully expressed herein. This Agreement supersedes any and all agreements, either oral or written, between the Parties hereto with respect to the subject matter hereof. Any modification of this Agreement will be effective only if it is in writing signed by a duly authorized representative of the Party to be charged. 21. This ��me�dn�n���a�m�n�bed�m����ana�m����r���an�i� employment relationship orjoint venture between the parties, or their personnel, agents, or 22. Each Party agrees to not issue any press release or make any public announcement concerning the relationship contemplated under this Agreement without the prior written consent of the other Party, 1 � except as required by law. Licensor shall be prohibited from using Licensee's name, logo, or other trademarks in any advertising, press release, promotional materials or in any other manner without Licensee's prior consent, which may be withheld in Licensee's sole discretion. 23. Licensor and Licensee intend that this Agreement will not benefit or create any right or cause of action in or on behalf of any person or entity besides the Parties. 24. Licensor agrees to waive permitting fees for Licensee or Licensee's contractors for work directly related to operations of this Agreement. 0 IN WITNESS WHEREOF, the Licensor and Licensee have executed this instrument as of the day and year first written above. LICENSOR: LICENSEE: City of Buffalo M & T Bank By: Steven J. Stepniak, Commissioner ( name a individual signing Of the City's Department of Public ( title of individual signing Works, Parks &. Streets said state, personally a personally known \omeor proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public IAF Permission to Enter Into Agreement with M &T Bank for Installation and Operation of Buffalo Connect Downtown Public Wi -Fi System (Ell and Fill) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated April 9, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into lease agreement with the with M &T Bank for the installation and operation of a free to the public Wi -Fi system proposed to be installed by M &T Bank, at no cost to the City, along Main Street, the Inner Harbor area and into the Erie Basin Marina property, subject only to such clarifications as are recommended by the City's Corporation Counsel's Office in finalizing the license, agreement. The license agreement has been reviewed by the Department of Public Works, Parks and Streets and the Management Information Systems Department and was determined to be acceptable. PASSED C:\UsemVmcinski\AppDataULo IMcmwft\Windows\Temporary Internet Files\ Content .Oudwk \OX32QVM6\Permission to Enter into Agreement- wiP.doex t vs 'l L b d, yyT .. FRA *✓ E yy 'Mf C . .1 L,J RRIDGEN m RIVERA 4 SC ANtON . SMITH WYAW [ ®] [213 ® 6] t vs 'l #1 (Rev. 1/93) TO: THE COMMON COUNCIL DATE: April 10, 2015 1 .4 W. No W 1, .91 wool IS wo, w6W 1 , 1 "1 am, I I �Mckr"WT� , �i � I � I , � � '' P I �? - f © � � I � l � m= Permission to Amend Agreement for Recycling Education and Marketing Campaign Services (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated April 10, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to amend the existing agreement with Block Club, Inc. for Recycling Education and Marketing Campaign Services, for additional costs for consulting services and media purchasing not to exceed $30,000.00, for a total contract cost of $80,000.00 for Fiscal Year 2014 ®2015, upon the following condition: 1. They must appear before the Community Development Committee. The contractor was chosen through a Request for Qualifications and Proposal Services (RFQ /RFP) process. The funds are available in Account #52002606- 454000 and/or an account(s) to be named at a later date. PASSED AYES — 9 NOES- 0 N C: \Usens elchaoMppDataV- =I\Microsoft\Windosys \Temporary Intemet Files \Conten40utlwkU51,LCIHS\Amend Agmzment- Recycling Humfion ad 6larketlng,dwx [ ®3 [2/ ] [3/4 7] VAYE* No LONT FRANCZYK -LO 1 Ltd , TM * kRID R -ER y T C Lys .* M MA TT [ ®3 [2/ ] [3/4 7] PRIOR COUNCIL Ex. (Item No. xxx, C.C.P. xx/xx/xx) I requested on March 23, 2015 and received the following bids for the Autumnwood Community Center Public Improvements, which, were read on April 6, 2015: BASE BID ALT. #1 ALT #2 TOTAL *Nichter Construction, Inc. $104,000.00 $ 67,000.00 $ 5,000.00 $176,000.00 Grove Roofing Services, Inc. $146,900.00 $ 75,000.00 $ 4,800.00 $226,700.00 Progressive Roofing Inc. $204,600.00 $124,000.00 $15,000.00 $343,600.00 *Bid withdrawn by contractor I hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing Services Inc. is the lowest responsible bidder in accordance with the plans and specifications for a total bid of $226,700.00, and a 10% contingency of $22,670.00 for a total of Two Hundred Forty Nine Thousand Three Hundred Seventy Dollars and 00/100 ($249,370.00). I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available account number DJ9132037- 470000. TYPE DEPARTMENT HEAD NAME: Rishawn T. Sonubi TYPE TITLE: Deputy Commissioner of Buildings & Energy Management SIGNATURE OF DEPARTMENT HEAD: - SJS:RS:FG:cmg Report of Bids — Autumnwood Community Center Public Improvements Project (Lov) (DPW) Mr. Smith moved. That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 7, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the Autumnwood Community Center Public Improvements, with Grove Roofing Services Inc., with a total bid of $226,700.00 (Base Bid of $146,900.00 + Alt. #1 $75,000.00 + Alt. #2 $4,800.00 + 10% Contingency of $22,670.00 for a Total Bid of $146,900.00). Funding for this project is available in Account #DJ9B2037- 470000. PASSED C:\ UsenVmcinski\ AppDataU .ocal\Microsoft \LVindows\Temporazp Internet Files \Content.Oudook \OX32QV W6 \Report of Bid- Autumm ood CC.docx {\\ [ -5 ] ® *0 \ [2/] - 6] [ 4 . 7 ] . \\ / / +# \ dkƒANA \ \ \ C ` ® *. \ 90 EK ^. O \ O © a . .»fRI\0� * a * . < \ \\ . . LCA9LON\ MA \ » * * [ -5 ] ® *0 \ [2/] - 6] [ 4 . 7 ] . #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 6,2015 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: Report of Bids Bearing Rehabilitation/Replacement at Three Bridges and Approach Wall Rehabilitation at one Bridge in the City of Buffalo PRIOR COUNCIL REFERENCE: (IF ANY) This is to advise Your Honorable Body that I have advertised and received bids on March 31, 2015. The lowest three bids received were:, Contractor BVR Construction Company, Inc. 8 King Road Churchville, NY 14228 L.C. Whitford Co., Inc. 164 North Main Street Wellsville, NY 14895 Nichols Long & Moore Const. Co. 149 Gunnville Rd. Lancaster, NY 14086 Base Bid Alternate A $764,618.00* $43,600.00 Base + Alt. Total Bid $808,218.00 $889.039.80 $765,639.00* $42,900.00 $808,539.00 $889,392.90 $815,870.00 $33,424.00 $849,294.00 $934,223.40 I hereby certify that the lowest responsible bidder for the above project is BVR Construction Company, Inc, and I respectifially recommend that Your Honorable Body authorize a contract award to BVR Construction Company, Inc. in the amount of$889,039.80. (Base Bid of $764,618.00 + [Alternate A] $43,600.00 + [10% unit price increases] $80,821.80equals [Total Award] $889,039.80). The engineer's estimate for this work including Alternate A is $647,120.00. This project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in our Capital Account #32240006 - 445100 and an account to be named at a later date. MJF/DJP/dab SIGNATURE OF DEPARTMENT HEAD Michael J. Finn, P.E. Acting City Engineer ` 502.92 SEALING TRANSVERSE JOINTS LF 64 M15 $20.W $1,280.00 $80.00 1 $5.120.00 $16.63 $1,90022 $11.00 1 $704.00 i55.26010010 GROUTING BAGS 12 $100.00 $1,200.00 $650.00 $7,800.00 $50.00 $600.00 $664.00 $7.968.00 i59.16960118 PROTECTIVE SEALING OF STRUCTURAL CONCRETE !T64.51WO1 STRUCTURALSTEEL US 518 $1000 $5,180.00 $6.00 $3,108.00 $18.72 $9,696S6 $10.00 $5,180.00 565.2033 TYPE E.B. EXPANSION BEARING (1 12 TO 168K) 7 EA 8 $2.000.00 $16,000.00 $2,500.00 $20,000.00 $1,619.45 $12,956.60 $2,630.00 $21,040.00 i65.43020015 BRIDGE BEARING RESTORATION EA 14 $2,50000 $35,000.00 $2,500.00 $35,00000 $639.26 $8,94R64 $4,320.00 $60A80.00 58Z06 REMOVAL OF STRUCTURAL CONCRETE - REPLACEMENT WITH CLASS D CONERETE SF7340 $200.00 1 $68,000.00 $250.00 $85,000.00 $100.00 $34,000,00 $220.00 $74,800.00 585.01 STRUCTURAL LIFTING OPERATIONS, TYPE A EA - T24 - .36096 850.00 $38,800.00 585.02 STRUCTURAL LIFTING OPERATIONS, TYPE 8 EA 586.02 DRILLING AND GROUTING BOLTS OR REINFORCEMENT BARS EA 56 $50.00 $2,800.00 $550.00 1 $30,800.00 $18.06 $1.011.36 1 $700.00 $39,200.00 588.010201 REHABILITATION OF BRIDGE JOINT SYSTEMS, JOINT WIDTH, 2-41N., REPLACE SEALINIG ELEMENT LF 140 $100.00 $14,000.00 $105.00 $14,700.00 $25.00 $3,500.OG $11&D0 $16,100.00 !T89520001 REMOVAL OF EXISTING STEEL EA 8 $800.00 $6,400.00 $500.00 $4,00040 $629.67 $5,037.38 1,320.00 $10,560.00 619.0101 BASIC WORK ZONE TRAFFIC CONTROL (DAILY OPERATIONS) LS I $24MOO $24,0=00 $20,000.00 $20.000.00 $49,994.00 $49,994.00 $80,000.00 $80,000,00 619.04 TYPE III CONSTRUCTION BARRICADE EA 62 $50.00 $310000 F75.99000011 RAILROAD WORK PERMIT AND COST REIMBURSEMENT DC 120000 $1 $26.000.00 $1.00 $26.00000 699Z40001 MOBILIZATION Rim= 0,900.00 $30,000.00 RESETTING OF EXISTING BEARING$ EA 2 0,000.00 K000.00 �ii mn nn $4,339.70 MENEM 585.03 STRUCTURAL LIFTING OPERATIONS, TYPE C 619.0101 1BASIC WORK ZONE TRAFFIC CONTROL (DAILY OPERATIONS) LS $1,000.00 $1 W 0 '. "�2 - 625.01 ISURVEY OPERATIONS I LS $400.00 60 0 $2.250.00 $2,250k0 ,75 WORK PERMITAND COST REIMBURSEMENT I bc $1. $15 1 $1 bO $75 $15.000.00 $1.00 627 3 ELD CHANGE PAYMENT DC $2,000.00 MOBILIZATION LS 11 J70.00 1 17.A0 $1600.00 600.00 $1.625.02 1 $1.625.02 _ $1 24000 $t24000 in the proposal ($217.000.00)was in the proposal ($288,946.00)ww Noted incorrect The correct value is incorrect. The correct value is LC Whitford NOTED EXCEPTIONS FROM BID DOCUMENTS $232,500.00, increasing the Base $309.585.00, increasing the Base BVR CONSTRUCTION COMPANY, INC.: EXCEPTIONS NOTED, SEE ABOVE Bid total to $764,618.00. This is Bid total to $765,639.00. LCWHITFORD: EXCEPTIONS NOTED, SEE ABOVE lower than the adjusted total or NICHOLS LONG AND MOORE CONSTRUCTION CORP.: NONE NOTED L.C. Whitford (Original apparent I low bidder) I HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THIS CONTRACT WAS BID IN ACCORDANCE WITH STANDARD COMPETITIVE BIDDING PROCEDURES AND FEDERAL AND STATE REQUIREMENTS�AND THIS TABULATION INCLUDES ALL BIDS RECEIVED AT A PUBLIC BID OPENING HELD AT THE CITY OF BUFFALO, CITY HALL ON MARCH 31, 2015 FOR A CONTRACT IN ERIE COUNTY KNOWN AS NYSDOT PIN NO. 5760.50, BEARING REHABILITATIONIREPLACEMENT AT THREE BRIDGES AND APPROACH WALL REHABILITATION AT ONE BRIDGE IN THE CITY OF BUFFALO, AND THAT THE MATHEMATICAL EXTENSION OF UNIT PRICES TO ITEM COSTS AND RESULTING COMPUTED TOTALS IS ACCURATE AND AS SUBMITTED BY EACH BIDDER AS SHOWN EXCEPT AS NOTED. ` s Report of Bids — Bearing Rehabilitation/Replacement at Three Bridges and .Approach Wall Rehabilitation at One Bridge in the City of Buffalo (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 6, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the bearing rehabilitation/replacement at three bridges and approach wall rehabilitation at one bridge in the City of Buffalo, with BVR Construction Company, Inc., with a total bid of $889,039.80 (Base Bid of $764 + Alt. A of $46,600.00 + 10 % unit price increase of $80,821.80 for a Total Bid of $889,039.80). This project is 95 % reimbursed Federal Aid Highway Project, and funds for this project are available in Capital Account #322400006 - 445100, and an account to be named at a later date. PASSED C: \Users\lmciadd\AppData\Loral\ Microsoft \Windons \Temporary Intemet FileslContentOudwk\OX32QV W6\Repon of Sid - bearing rebab.dmx ' b * AYE * No` \ \ \ fUkƒANA R CZ 9\OMEK � � � . � © � § ?2 ° \� � � � � :� \ ■� / ! . � } . §\ O TO \ ! * f } . . . . . . /� . _.! .. : :f\ DGEN a . §� \� d� \ \ \ \\ ■ \. ! . ( : \ \ . : \ \C\ \\ON . . ..§ \\ . .. ■ ! i . . WAIT T ry [RAJ- 5 1 \ \ . [ 21] - ¥ ] Z� P 9 '4 $ #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: April 8, 2015 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids [: City -Wide Mill and Overlay 2015 [: CDBG YR -40 [: DPW Group 818A PRIOR COUNCIL REFERENCE: (IF ANY) [: None In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Amherst Paving, Inc 330 Meyer Rd. Amherst, NY 14226 Destro & Brothers Concrete Co. Inc. 411 Ludington St. Buffalo, NY 14206 Base Bid Base Bid Plus Alternate 1 $927,169.80 $1,371,409.24 $942,232.00 $1,394,481.00 I hereby certify that the low bidder for the above project is Amherst Paving, Inc. I respectfully recommend a contract award in the amount $1,508,550.17 ($927,169.80 -Base Bid + $444,239.44 — Alternate Bid +$137,140.93 - 10% unit price increase = $1,508,550.17 — Total Contract Amount) . Funds for this contract are available in #DJ9B2027- 470000. The engineer's estimate for this work is $1,400,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by May 23, 2015. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:MJF: SMB:kem TYPE DEPARTMENT HEAD NAME: Michael L Finn, P.E. TYPE TITLE: Acting City Engineer of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: - A � 1 �r : Report of Bids — City -Wide Mill and Overlay — 2015 CDBG YR -40 (DPW) Mr. Smith moved; That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 8, 2015, be received and fled; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the City-wide mill and overlay, 2015 CDBG YR ®40 with Amherst Paving, Inc., with a total bid of $1,508,550.17 (Base Bid of $927,169.80 + Alt. #1 of $444,239.44 + 10% unit price increase of $137,140.93 for a Total Bid of $1,508;550.17). Funds for this project are available in Account #DJ9B2027- 470000, PASSED C:\Usem)dmcinski\AppDataVLo l \Microsoft \Windoms\Temporary Intemet Files \ContentOnQooMOX32QVW6 \Report of Hid -hill and merlay.docx i lr d1 ' AYE* No � Lt 7y � d !. ANA T ry T 7 �e q' [� �? SJ L E ' L { may { F ®�� LB 8, b/ T T PRID RIWRA i � V W T ti WY R � W [MAJ _ y [213 - 6] * * F [314 e ?] $ #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: April 10, 2015 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids {; City -Wide Curb & Sidewalk Replacement 2015 [; CDBG YR -40 [: DPW Group 818E PRIOR COUNCIL REFERENCE: (IF ANY) [; None In obtaining these bids for the above mentioned. - project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Base Bid Plus Alternate I Titan Development, Inc. 8534 Seaman Rd. Gasport, NY 14067 P &J Construction Co. 709 Pleasantview Lancaster, NY 14086 Campobello Construction Co. Inc. 23 Stratford Rd, Buffalo, NY 14216 $414,042.49* $686,343.59* $462,414.00* $768,195.00* $482,170.00 $800,000.00 I hereby certify that the low bidder for the above project is Titan Development, Inc. I respectfully recommend a contract award in the amount $754,977.95 ($414,042.49 Base Bid + $272,301. 10 — Alternate Bid +$68,634.36 - 10% unit price increase = $754,977-95 — Total Contract Amount) . Funds for this contract are available in #DJ9B2027- 470000. The engineer's estimate for this work is $630,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by May 25, 2015. Individual bid submissions are available in our office for inspection and copies are available upon request. *Adjusted amount to correct for mathematical errors in the calculation of the bid. SJS:MJF:SMB:FG:kem TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Steven J. Stepniak Commissioner of icorP & Struts P/--- Report of Bids — City -Wide Curb and Sidewalk Replacement 2015 CDBG YR -40 - Group 818B (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated April 10, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the City -wide curb sidewalk replacement, 2015 CDBG YR -409 with Titan Development, Inc., with a total bid of $754,977.95 (Base Bid of $414,042.49 + Alternate Bid of $272,301.10 + 10 % unit price increase of $68,634.36 for a Total Bid of $754,977.95). Funds for this project are available in Account #DJ9B2027- 470000. PASSED C: \Users\imcinsld\AppDataVL caIMcmwt \NindovslTemporary Internet Files \Content.Outlmk \OX32QVW6\Report dBidscw'b find sidewalk replacement- 818B.dwc t 'AYE* NO LONT A Z " r T `G 'F $;��qy ® ¢ y §�i }��g � 0 4J FK y � T T g/°}p L V g p T T PRIDGER SCANtON smrm WY [213 ° 6] [314 m 7] 0 4 0 1 $ #I (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: April 10, 2015 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [; Report of Bids [: City -Wide Curb & Sidewalk Replacement 2015 [: CDBGYR -40 [: DPW Group 8180 PRIOR COUNCIL REFERENCE: (IF ANY) [: None In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Base Bid Plus Alternate I Sunshine Concrete Co. Inc. 3461 Stevenson Ct. N. Tonawanda, NY 14120 P &J Construction Co, 709 Pieasantview Lancaster, NY 14086 Campobello Construction Co. Inc. 23 Stratford Rd. Buffalo, NY 14216 $467,635.00 $778,340.00 $473,464.00 $779,357.50* $482,170.00 $800,000.00 I hereby certify that the low bidder for the above project is Sunshine Concrete Co., Inc. I respectfully recommend a contract award in the amount $856,174.00 ($467,635. 00 -Base Bid + $310,705. 00 — Alternate Bid +$77,834. 00 -10% unit price increase = $856,174.00 —Total Contract Amount) . Funds for this contract are available in #DJ9B2027- 470000. The engineer's estimate for this work is $630,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by May 25, 2015. Individual bid submissions are available in our office for inspection and copies are available upon request. *Adjusted amount to correct for mathematical errors in the calculation of the bid. SJS:MJF:SMB:FG:kem TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Commissioner of Pub '� d6fs ii Report of Bids -City -Wide Curb and Sidewalk Replacement — 2015 CDBG YR -40 - Group 818C (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated April 10, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the City-wide curb sidewalk replacement, 2015 CDBG YR ®40, Group 818C with Sunshine Concrete Co., Inc., with a total bid of $856,174.00 (Base Bid of $467,635.00 +`Alternate Bid of $310,705.00 + 10% unit price increase of $77,834.00 for a Total Bid of $856,174.00). Funds for this project are available in Account #DJ9B2027- 470000. PASSED C\ Users 'd— insid\AppData\LocallNic..ft \Windows \Temporary Internet Files\Content.Outtook1OX32QV W6Uieport of Bids -curb and sidewalk replacement-818C.doex ' *AYE* N LJ 7 { 9 58 }p�� \ {(ry!9 J{� S 4..f.1 4 .4. & L r T FR ANCZYK EIS � { f� $ , v @ gam ® � °y V J tiJ y r 9 RWERA [314 7] *Bidder deemed non - responsive. I hereby certify that the foregoing is a true and correct statement of all bids received and that Metro Contracting & Environmental, Inc., with a base bid of $109,600.00, plus Alternate 41 of $8,400.00, plus a 10% contingency of $11,800.00 for a total bid price of One Hundred Twenty Nine Thousand Eight Hundred & 00/100 Dollars ($129,800), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order on the basis of the lowest responsible bid. Funding for this project is available in account #38323206® 445100. SJS /RTS /BTS /CMG TYPE DEPARTMENT HEAD NAME: Rishawn T. Sonubi TYPE TITLE: Deputy Commissioner of Buildings & Energy Management SIGNATURE OF DEPARTMENT HEAD: 0t Report of Bids MLK, Jr. Park Casino Environmental Abatement (Masten) (DPW) Mr. Smith moved; Than the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 8, 2015, be received and fled; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the MLK, Jr. Park Casino Environmental .Abatement, with Metro Contracting & Environmental, Inc., with ',a total bid of $129,800.00 (Base Bid of $109,600.00 + Alternate #1 of $8,400.00 + 10% contingency of $11,800.00 for a Total Bid of $129,800.00). Funds for this project are available in Account #38323206 - 445100. PASSED C:\UwnXImcinsid\AppDataU. mINicrosoft \Windows \Temporary Intemet Files\ Content. Oiigwk \OX32QVN6\Repor(ofBids -MI.K Jr Park Casino.d— - t-- - V TALE * N o � 7�i { /�] p j� {{ S NTANA ¢ T il. Y - x.10 K ' s � � LO T LRID G EN �' m C SY [ ®] [2/3 [314 e 7] I hereby certify that the foregoing is a true and correct statement of all bids received and that Titan Development is the lowest responsible bidder in accordance with the plans and specifications for a base bid of $15,500.00, add alt. no.l of $ 3,350.00 plus a 10 % contingency of $1,885.00 for a total of Twenty Thousand Seven Hundred Thirty Five Dollars and 00 /100 ($20,735.00). I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available account number DJ9132007- 470000. TYPE DEPARTMENT HEAD NAME: Steven Stepniak TYPE TITLE: Commissioner ��- -- SIGNATURE OF DEPARTMENT HEAD: A SJS:FG Report of Bids — Onondaga Park Reconstruction (DPW) Mr. Smith moved; That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated April 7, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Onondaga Park Reconstruction Public Improvements, with Titan Development, with a total bid of $20,735.00 (Base Bid of $15,500.00 +Alternate #1 of $3,350.00 + 10% contingency of $1,885.00 for a Total Bid of $20,735.00 ). Funds for this project are available in Account #DJ9B2007- 470000. PASSED 4 C: \Usems Imcins ld\AppDataU.ocallMicrosoft\W indoor rar s \Tempoy Intemet Files \Content.Oudwk \OX32QV W6\Report of Bids - Onondaga Parkdm.x T t 1 Y 1J * 1 Y L{ (j�7 !C m K ' LO - CU R TO L RIDGEN RTVERA r a . O . m C 1 ] [213 - ] Ex. (Item No. xxx, C.C.P. xx/xx/xx) I advertised for bids on March 23, 2015 and received the following formal bids for the North West Buffalo Community Center Public Improvements, which, were publicly opened and read on April 6, 2015: BASE BID ALT. #10 ALT. #11 ALT. #12 ALT. #14 Jameson Roofing, Inc. $833,180.00 $9,945.00 $12,375.00 $11,250.00 $9,800.00 Progressive Roofing Inc $93o,420.00 $5,265.00 $13,750.00 $12,500.00 $5,900.00 J.A. Sanders Roofing Inc. $1,021,408.39 $8,096.40 $11,140.25 $11,397.50 $11,574.011, I hereby certify that the foregoing is a true and correct statement of all bids received and that Jameson Roofing, Inc. is the lowest responsible bidder in accordance with the plans and specifications with a base bid of $833,180.00,, Add Alt. No. 10 for $9,945.00, Add Alt. No. 11 for $12,375.00, Add Alt. No. 12 for $11,250.00, Add Alt. No. 14 for $9,800.00, plus 10% Contingency of $87,655.00 for a total of Nine Hundred Sixty Four Thousand Two Hundred Five Dollars and 00/100 ($964,205.00). I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available in account number DJ9132037-470000. Report of Bids North `Jest Buffalo Community Center Public Improvements (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 7, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the North West Buffalo Community Center Public Improvements, with Jameson Roofing, Inc., with a total bid of $964,205.00 (Base Bid of $833,180.00 + Alt. #10 of $9,945.00 + Alt. #11 of $12,375.00 +Alt. #12 of $11,250.00 + Alt. #14 of $9,800.00 + 10% contingency of $87,655.00 for a Total Bid of $964,205.00). Funds for this project are available in Account #DJ9B2037- 470000: PASSED C:\ Users Vmcinsld\AppDataU.ocat\Microsoft \Windows \Temporary Internet Filcs\ContenLOuUook\OX32QV W6\Report of Bids- MVBCC.docx �1 0 A #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL ` TO: THE COMMON COUNCIL DATE: April 9, 2015 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids [: Rehabilitation of South Park [: Over CSX RR [: PIN #5760.49` [: 'City of Buffalo PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise Your Honorable Body that I have advertised and received bids on March 31, 2015. The two bids received were: Contractor Base Bid Total Bid Price Huntington Valley Construction, Inc. $225,912.00 $248,503.20 P.O Box 26 Bowmansville, NY 14026 Nichols Long & Moore Const. Corp. $250,966.50 $276,063.15 149 Gunnville Rd. Lancaster, NY 14086 I hereby certify that the lowest responsible bidder for the above project is Huntington Valley Construction, Inc. and I respectifully recommend that Your Honorable Body authorize a contract award to Huntington Valley Construction, Inc. in the amount of $248,503.20. (Base Bid of $225,912.00+ [10% unit price increases] $22,591.20 equals [Total Award] $248,503.20). The engineer's estimate for this work is $198,980.00. This project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in our Capital Account #32210006 - 445100 and an account to be named at a later date.. MJF /DJP /dab TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Michael J. Finn, P.E. Acting City Engineer r` i - 1 DIDONATO - ENGINEERING & ARCHITECTURAL PROFESSIONALS' BID TAB FOR BIDS RECIEVED TUESDAY, MARCH 31, 2015 AT 11:00 AM, 582.07 don Valley Construct REHABILITATION OF SOUTH PARK AVENUE OVER CSX RR BIN P NYS DOT 1 March 31, t '*OM 501 HALL . O NEW YO �S�M LF 325 - ,$35.00 $tt,375:00: 0 $5850.00' $25.00 ME $8125100 d Bar Reinforcement for Structures LB 400" $9.00 $3 600.00 $3,800.00 $5.15 $2 06DA0 tali ° of Structural Concrete - SF 1100 $2,00 $2 200 $1,100.00' $1.75 $1,925:00 am resslon Seal For Exisfi Bnd a Joints LF B7 $125.00 $8 375:00 0 $6,700.00; $142.00 $9,514:00 at Ground Protection LS 1 $500.00 $500.00 " .00 7 )6 $1,004A0? $110.00 $110.00 Bon- Hazardous Industrial Solid Paint Removal Waste LS 550 $1.04 $550.00 - $550.00 - 2:25 $1,237150 sei:Painti Field' tied -Total Removal'. " LS t :$27;004.00 : $27 DOD:DO. .OQ : $39,400:04 $38000.DO $38,000:00 Structural Concrete -Replacement with Class A Concrete CY 2 $8000.00 $12400 ' .00 $18,4DO:OD $t5 500.00 $31,D00:00 Structural Concrete -Replacement with Class D Concrete SF 385. $150.00 $57,750 00 $89,300:00 $198.00 $76.230.00 Structural Concrete - Replacement w tFi Vert cal and atcttin Material SF 150 $300.00 $45,000 00 $40,500,00 $200X0 $30,000.00 'lactic Barrier Fence LF 100 $4.00 $400 0 $600.00 ; $7.65 $765= lance and Protection of Traffic LS 1 $10.000.00 $10000 $19:212,00 1 $19,212.00 $30X00.00 1 $30,000.00 ations LS 1 1 2 %Total Cost $3.580 $3'000.00 $3,000.00 $3,500.00 $3 5001D0 I Payment ent . 1:. DC 1 5 °/- Tote .1 $9 000 $1::.00 : $9,004.00.: $1.;:00 $9.000.00 Total Cost 7650 $8;500.00 $8,500.40 9OD.00 1 $9,500.00 N o written or Mathematical Errors No written or Mathematical Errors Noted Noted NOTED EXCEPTIONS FROM BID DOCUMENTS HUNTINGTON VALLEY CONSTRUCTION, INC.: NONE NOTED NICHOLS LONG AND MOORE CONSTRUCTION CORP.: NONE NOTED ERTIFY THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THIS CONTRACT WAS BBD IN ACCORDANCE WITH STANDARD COMPETITIVE BIDDING PROCEDURES AND NO STATE REQUIREMENTS AND THIS TABULATION INCLUDES ALL BIDS RECEIVED AT A PUBLIC BID OPENING HELD AT THE CITY OF BUFFALO, CITY HALL ON MARCH 31, CONTRACT IN ERIE COUNTY. KNOWN AS NYSDOT PIN NO. 5760.49, REHABILITATION OF SOUTH PARK AVENUE OVER CSX RR AND THAT THE MATHEMATICAL OF UNIT PRICES TO ITEM COSTS AND RESULTING COMPUTED TOTALS IS ACCURATE AND AS SUBMITTED BY EACH BIDDER AS SHOWN: EXCEPT AS NOTED. 3/3112015 :E. Date Report of Bids — Rehabilitation of South Park over CSX RR (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 9, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the Rehabilitation of South Park over CSX RR, with Valley Construction, Inc., with a total bid of $248,503.20 (Base Bid of $225,912.00+ 10% unit price increase of $22,591.20 for a Total Bid of $248,503.20 ). Funds for this project are available in Capital Account #32210006 - 445100, and an account to be named at a later date. PASSED C:\ Usersllrucinski \AppDafa\LocalVNicrosoftlWindmcs \Temporary Internet Files \ContenCOutlook10X32QVN6\Iieport of Bids -Rehab of South Parkdocs * A YE* O! .. \ UNƒANA �. � -' . . .. .. � . . ^+ } < < \ \ 20-L EK O \O \G \\ * .. \ SC\ LOON *. i \ . # 2 \ y \ . \ ( ■ a . ` « f - 51 i \ {21] -k) . [3/4 - 7] . : } a R!M ��� 05 Pawnee P�M. DOB Buffalo Depart PP _ -water Start Date Original PR No. 2013-180 °� a ; V `Title Code No. 4410 . Salary F3 '15 43 272 ate B udget Function No. 300371 x411001 Reason for appointment {check one} ;Status Change 11 Reinstatement El Replacement [] Extension Type Of Status Change (check one) El From Temporary to provisional From Temporary to Perm From Provisional to Permanent El From Contingent Permanent to Permanent El other A,a_ in m n_: I Classification ►1 Pe rm a nent El C onti n gent P El P r o vis ion al T empora ry Seas Exem Compe i i I. Name Joseph D€necke SS# Address 143 .Densmore St. DOB Ci Buffalo State Ne�v Yark Zi Code E 14220 EEEE ] Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy When a roved ccr py is returned, send a copy to Audit along with pp ale maintenance form, City Clerk and Budget F� IN 40 J�Lforfflajjojr :..: .............:...............-, ... ............ :........... ;'N ..:.....:......._ ....._. _ . taf�...._.. Folk, .......... ° . ....... ~+......` .......:- - STIM __.... _ .............._............,.................-..,,.-............._..............._....__ ....._..._............:.... :.., :•a r _®._...._...._._ __..._` r ®__.._....._.._°__ _- _.__.__..... _ ... .- .......... � _......Dge i ._....._ ....... ........ _ _..._.v.._,.- - - _........_.......- _..._. . _ .......... ..... ...... .._....— : .. v _ ...... ......:...._..:....._. ._._...__........._._..__{ f .... ..t f P ? - � e r Date by MpL flea ! to Budget h i r e cep }Y -as r wri€e . send a copy to Audit filong with fitc n4: iw1 ° 1:8i#Ca° €ortn, City letk € n is g'e€ ATION 1M NC-fEN N 1' � s '� ��#i���t€*d�t�t��131�i2 �Y��r�.4��fr'�t�la • _ Al rigi € €i€1 P o. p � a r Title Code No. 441 . 1 . fidget 111)et# Da Reason for tippgiMment (theck one) Cx� Tv Ye orslatus ChAuge (check 911Q) � F Tow1vorary to PwIi onatt _. Fro"] 1'efullarary to Pe € matumt F rom P rovistofial to fulaneftt From ContiggRid Pernmunt to Permanent j O mer TV �• �tltrt €€ats t€31ir1�€ El�� Ej C ontinent Pomallem s a ' P rovisional El a �4Eklpmaary EJJ �fll? F� IN 40 J�Lforfflajjojr :..: .............:...............-, ... ............ :........... ;'N ..:.....:......._ ....._. _ . taf�...._.. Folk, .......... ° . ....... ~+......` .......:- - STIM __.... _ .............._............,.................-..,,.-............._..............._....__ ....._..._............:.... :.., :•a r _®._...._...._._ __..._` r ®__.._....._.._°__ _- _.__.__..... _ ... .- .......... � _......Dge i ._....._ ....... ........ _ _..._.v.._,.- - - _........_.......- _..._. . _ .......... ..... ...... .._....— : .. v _ ...... ......:...._..:....._. ._._...__........._._..__{ f .... ..t f P ? - � e r Date by MpL flea ! to Budget h i r e cep }Y -as r wri€e . send a copy to Audit filong with fitc n4: iw1 ° 1:8i#Ca° €ortn, City letk € n is g'e€ MM I, Type of Status Change (check one) T ype of A ointment: XT IM Provisional Temporary Seasonal EMEI- —Informatiow. rr Exempt Competitive El Non-Competitive Name Eric Machin SS Address 14 Rosedale St. DOB_ C Lt Buffalo State New York ode 14207_ Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy q I\ When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget ') ___ RR 2'15 U - .34 ME Salary 42976 (Step 5} Budget Function No. 52002801-411001 Reason for appointment (eheck one) Staters Change E] Reinstatement ❑ Replacement E] Extension Type of Staters Change (check one) From Temporary to Provisional El From Temporary to Permanent El From Provisional to Permanent El From Contingent Permanent to Permanent El Miter Tyeie ofARPointrrmnt ■ Permanent El ContinW—Permaneat 01 E] Temporary ■ M. EznAM Information- �a El Exempt Competitive El Non - Competitive e Michael Herbert SS# ress k 45 Good Ave. DOB Buffalo State Neer York _ Zi p Code 14220 Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget E u6oyee Information- Name Patrick Martin SS# Address 34 Greeley St. DOB Ci Buffalo State , New York r/i Code 1427 Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget __ _. Department/Division DPW - Water {� � Start Hate Address 49 Standish Rd. Original No. , 2013 91 city � -1 , 14216 Title Code No. 4520 t' � i attire f i� d`tir:` Dzrector o 0 ervi02 tlkS E ° h. 'S i Salary Budget Function No. 53003711 ®411001 Reason for appointment (check one) ® Status Change ❑ Reinstatement [] Replacement El Extension Type of Status Change (check one) Q From Temporary to provisional El From Temporary to Permanent From Provisional to Permanent From Contingent Permanent to Permanent El Other Type of A� oint�taent M permanent El Contingent Permanent F] Provisional n Temporary ❑ Seasonal Comments Mnloyee Information: El .Exempt Competitive E Non- Competitive Name Victor Bur io SS# Date Address 49 Standish Rd. DOB city Buffalo State New York Zi Code 14216 Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget qt attire of Date Signature of Director of Budget Date f w t' � i attire f i� d`tir:` Dzrector o 0 ervi02 Date Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget to the Position of Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) TEMPORARYPERMANENT Open-Competitive, Promotional, Non-Competitive, (Insert one) OPEN-COMPETITIVE 0P4N_G0MPE4tTw_E Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $64,301 (To be updated upon implemetation of settled collective bargaining agreement.) LAST JOB TITLE Principal Engineer LAST DEPARTMENT Water LAST SALARY $72,587 NAME John McMahon DATE 3/23/2015 ADDRESS 19 Burke Drive CITY & ZIP Buffalo, 14215 LAST 4.01GITS OF SSN. XXX-XX-6179 LAST JOB TITLE I& FAI FAI _ 'A' - NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX-)(X- BUDGET ORG. CODE 53003621 TITLE CODE NO 4040 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2014-182 SALARY RANGE OF POSITION $55,885 - $64,301 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Employee has a PE license and is leaving a positon paying a higher salary. NAME OF APPOINTING AUTHORITY: STEVEN J. STEPNIAK TITLE OF APPOINTING. AUTHORITY: COMMISSION E DATE: 3-23-15 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: ITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES) Employee Informations Name Nicholas Pu liese SS# Address 882 West St. DCl3 City Buffalo State New York Zi Code 14213 f i store of A ointin Authori Date ' `ignat�are of Director of Budget Date i atone of dm. N ' ter of C' ervice Date Send original copy signed by Dept. Head to Budget Send or email Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget FROM THE COMMISSIONER OF POLICE April 14, 2015 A s5 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: March 25 2015 FROM: DEPARTMENT:. POLICE DIVISION: SUBJECT: : Acceptance of Donation PRIOR COUNCIL REFERENCE: (IF ANY) ; Ex. ( Item No. xxx C.C.P. xx/xx/xx TEXT: ( TYPE SINGLE SPACE BELOW The Buffalo Police Department recently received one (1) $500.00 check from the MCDONALD'S CORPORATION as a donation to the A District as a token of appreciation for their participation and attendance at the McDonald's Community Safety Day held this past summer.. Tile Buffalo Police Department hereby requests approval and permission from your Honorable Body to accept this donation. If approved, the funds will be deposited and then utilized to purchase several items, i.e. table, chairs, 10 X 10 pop up tent, and a banner, that will be used to create a Community Policing Booth to be used at several of the outdoor events held throughout the year in the A District. DD /jws _ o August 30, 2014 J McDonald's Restaurants 136 Ellicott Creep Road (heekJowa a, NY 14225 716/633-0144 Fax: 71 6/633 -014 The McDonald's Community Safety Day held Friday, June 13, 2014, was an event enjoyed by all! We are grateful for your time and efforts in uniting the many participating City and State Agencies. I art always in awe of your skills and ability to pull off such a grand event, especially the Air One Helicopter Unit show. Thank you for your commitment to Community Police; the McDonald's Family sincerely appreciates everything you do. I am sending a $500.00 check donation to be used as you see fit. We look forward to hearing from you next year for another community celebration. We thank you and all -n and o of the Bu Police Department for your many contributions to our communities, for keeping us safe... SYDIL, INC., D3A MC DONALD'S i Perla L. Gonzalez cc: Commissioner Daniel Derencla Chief Patrick Pascall Buffalo Police Department Buffalo Police Department /. Franklin St 1847 So Park Avenu Buffalo, NY 14202 Buffalo, Officer David , Community Police 1847 Park Avenue Buffalo, 14220 Sir On June 13, 2014 the A-list in partnership with the McDonalds on Mckinley Pkwy, held a Community Safety Day. It was an extremely successful event which was well attended by all age groups in the community. McDonalds has sent us a check to be used for Community Policing needs in the A-Dist. There are several items we are looking to purchase from these funds including: table, chairs, 1 0'x1 0' pop up tent, a Conmmunity Policing Banner. These items would be used to create a Community Policing Booth at several of the out door events throughout the year in the district. Respectfull i d I w LeBron to�olice Officer A-Dist Respectfull itted Thomas J Mor� Chief A-Dist f - Acceptance of Donation (Police) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department dated March 25, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept a donation from the McDonald's Corporation in the amount of $500.00 to the A District as a token of appreciation and attendance at the McDonald's Community Safety Day. The funds will be deposited and then utilized to purchase items for a Community Policing Booth to be used at several outdoor events held' throughout' the year in the A District. PASSED C:\ Users\lrucinski\AppData\Local\Microsoft \Windows \Temporary Intemet FileslContent.Outlook \OX32QV W6\Acceptance of➢onation.docx P a% \ §\ ® f t / * N o ONTANk FRANCZYK \ \� 90LO \ // ! LO ! * a : . . \ / Ol . \ \ E * . * JC \. *. * . WYATT * + , [ }21} -6] . [3/4 . 7] a% \ §\ SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: March 31 2015 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: j : Drug Asset Forfeiture Wire Transfers PRIOR COUNCIL REFERENCE: (IF ANY) :Item No. 104, C.C.P. 2/2188 Ex. ( Item No. xxx C.C.P. xx/xx/xx TEXT: ( TYPE SINGLE SPACE BELOW 14- DEA- 595301 C2 -14 -0077 2,042.40 11- FBI - 004425 281P -BF -40945 1,889.98 13- FBI - 002929 245D -BF- 2439798 240.00 14 -DEA- 603413 C2 -14 -0176 267.69 14- DEA - 602845 C2 -14 -0164 3,92125 13- FBI - 002970 245D ®BF- 2439798 2,240.60 14 -DEA- 604224 C2 -14 -0181 1,564.08 14- DEA - 603841 C2 -14 -0177 1,251.60 14- FBI - 002045 245D -BF- 2910975 1,000.44 15- DEA - 604767 C2 -15 -0003 548.80 10- FBI - 006078 245D -BF -40747 236.00 14- DEA - 604234 C2 -14 -0164 506.33 14- DEA - 604147 C2 -14 -0179 1,503.00 12- DEA - 566121 C2 -12 -0025 3,109.27 DEA TOTAL r The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. These funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. DJR /jws TYPE DEPARTMENT HEAD NAME: CHIEF DENNIS J. RICHARDS TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD 3/20, 3/24, & 3/25/15 the BUFFALO POLICE DEPARTMENT (Date) (Agency) recei 11 � VV "ir\jz TRANSFERS having an estimate present value of $ 20,322.44 (check, vehicle, personal property, etc,) pursuant to chapter thirteen of Food and Drug Laws (21 U.S.C, 1 801 et seq.) of the United StateE (Amount) �znd/or chapter four of the Customs Duties Laws (19 U.S.C. 1 1301 et seq.) of the United States and/: chapter 96 of the Crimes and Criminal Procedure Laws (18 U.S.C. 1 1961 et seq.) of the United Statefl Signature DATE. 03/3112015 CHIEF OF INVESTIGATIVE SERVICES Title 10 ;1 1 5, p FROM THE CORPORATION COUNSEL April 14, 2015 01 10 'q MLL-TIPLEPAGE COMMUNICATION TO THE COHMON COUNCIL DATE: April 13, 2015 Law Abandonment and Sale of a Portion of Carroll Street (16,8 18 ft. and Hydraulic Street (24,564 ft. Rights of Way to LCo Budding, LLC for Continuity and Tariff Purposes Fillmore District The Office of Strategic Planning (Hereinafter, "OSP "), Division of Real Estate, received a request from Kavinoky Cook, LLP, Laurence Rubin, Esq., of counsel, representing LCo Building, LLC (Hereinafter, "LCo "), asking that the City abandon and sell portions of Carroll Street and Hydraulic Street Rights of Way. The property proposed to be purchased is in an MI -Light Industrial Zoning District, and includes a portion of Carroll Street between Griffin Street and running westward to Hydraulic Street, comprising an area of approximately sixteen - thousand, eight-hundred-eighteen square feet (16,818 ft. , and a section of Hydraulic Street extending northward from the north side of Exchange Street to the south side of Seneca Street, comprising an area of approximately twenty -four thousand, five- hundred sixty -four square feet (24,564 ft. The total combined area involved is forty -one thousand, three - hundred eighty -two square feet (41,382 ft. or ninety five one hundredths of an acre (0.95 acres). Through this purchase, LCo desires to maintain the continuity of properties in which it already has an interest in the immediate vicinity of 726 Exchange Street, 111 Hydraulic Street, and 749 Seneca Street for purposes of receiving favorable electric tariffs. The Department of Public Works, Parks and Streets has indicated that they have no objections to the abandonment and sale of the above described Rights of Way pursuant to the conditions hereinafter described. The City will retain easements on this property for existing and prospective underground utility services (e.g., sewer and water), and surface rights to allow repair and maintenance of these same services [Agreement, T 6 (a); 17 (d) and (e)]. LCo cannot construct any permanent improvement on the'property without the approval of the Commissioner of the Department of Public Works, Parks and Streets and the Executive Director of the Office of Strategic Planning [Agreement, T7 (h)]. LCo will perform infrastructure improvements as required by the Commissioner of the Department of Public Works, Parks and Streets [Agreement, T 7 (b)], and maintain continued emergency access to the property and maximize pedestrian access to the property [Agreement, $ 7 (i), 0) and (1)]. Any changes in traffic control signals or striping, or changes in traffic devices will be subject to the approval of the Commissioner of the Department of Public Works, Parks, and Streets [Agreement, 17 (h)], The Agreement also provides that LCo will indemnify the City for any damages alleged by abutting property owners to have occurred as a result of the sale of this property and as concerns utilities [Agreement, T 7 (g)]. LCo will also require any contractors it retains to indemnify and hold the City harmless, and name the City as an insured on its insurance policies [Agreement, 17 (b)]. In accordance with Article 27 -5 of the City Charter, LCo commissioned Klauk, Lloyd and Wilhelm, Incorporated, to appraise the property. The Appraisal Review Board recommended acceptance of this property's appraisal value of fifty- seven - thousand dollars ($57,000). As compensation for the transfer of the property deed to LCo, the City would receive a total of fifty -seven thousand dollars ($57,000), with a deposit amount of five - thousand, seven - hundred dollars ($5,700) being provided to the City at the time the Agreement is fully executed [Agreement, 11(m)]. In accordance with the City Charter, the abandonment and closing of a street or right of way is a matter that is referable to the City of Buffalo Planning Board for its review and recommendation. The total acreage of property proposed to be sold is less than one acre. Pursuant to Chapter 168 -5 (B) (8) of the Code of the City of Buffalo, the sale of City property, under fifty (50) acres is exempted from State Environmental Quality Review (SEAR) by designating such sales a Type 2 Action. Since approval of this property's sale would reduce the City's maintenance and liability burdens while maintaining the City's and public's access to the thoroughfares on the property, OSP, Division of Real Estate, the Law Department, and the Department of Public Works, Parks, and Streets, has determined that the proposed land disposition agreement, as negotiated, is favorable. Accordingly, the Law Department respectfully hereby recommends that Your Honorable Body approve the abandonment and sale of the subject portions of Carroll Street and Hydraulic Street Rights of Way for the amount of fifty -seven thousand dollars ($57,000) to LCo, or a corporation, partnership, or other legal entity designated by LCo and approved by OSP, providing the following conditions are satisfied: 1. Your Honorable Body refers this matter to the City of Buffalo Planning Board and the Planning Board makes a recommendation as to the abandonment and sale of the subject portion of the Carroll Street and Hydraulic Street Rights of Way; and 2. Your Honorable Body sets a date for a public hearing, and directs the publication of a five day notice of said hearing to be marked "Notice of hearing," in accordance with street abandonment procedures. (In the interest of time, and anticipating that Your Honorable Body is willing to expedite this matter, the Law Department includes a Resolution together with a Notice of Public Hearing for your action. Forwarded separately but attached hereto are the following documents: Resolution Setting a Public Hearing, Notice of Public Hearing, and Resolution Approving Proposed Property's Abandonment, Sale, and Transfer); and 3. LCo and/or a corporation, partnership, or other legal entity to be designated by LCo and approved by the Office of Strategic Planning, agrees not to compromise the City's utility lines or any other utility lines and/or easements near and within the area to be sold; and 4. LCo and/or a corporation, partnership, or other legal entity to be designated by LCo, and approved by the Office of Strategic Planning, agrees to grant easements near and within the area to be sold, as the Corporation Counsel's Office determines to be necessary, including but not limited to, easements for Water, Gas, and Cable; and 5. LCo and/or a corporation, partnership, or other legal entity to be designated by LCo and approved by the Office of Strategic Planning shall submit said easements to the City of Buffalo and any affected utility company and other interested persons/entities for review. 6. The terms and conditions of the proposed easement agreements shall be negotiated to finalization and subject to the review and approval of the Department of Public Works, the Corporation Counsel's Office, and any Utility Company or other interested persons/entities that may be affected or impacted; and 7. LCo and/or a corporation, partnership, or other legal entity to be designated by LCo and approved by the Office of Strategic Planning agrees to address any utility concerns or issues, if and when they should arise, to the satisfaction of the Department of Public Works and the Corporation Counsel's Office; and 8. The official granting of the easement interests over, under and near the public rights of way being abandoned and sold will generally not become effective until the deed reserving easements rights and/or easement agreements creating and conveying the easement interests are filed in the Erie County Clerk's Office; and 9. The official closing/abandonment of the right of way to be sold will not become effective until the deed conveying title to the property is filed in the Erie County Clerk's Office. This office is farther recommending that Your Honorable Body authorize the following after all - prerequisites have been satisfied: I X I \ , 1. Authorize the Mayor to execute all the necessary docurnents, including but not .7 1 limited to the deed, in order to effectuate transfer of title of the above described portions of Carroll Street and Hydraulic Street Rights of Way, such deed to include AGREEMENT EMEN`T' THIS AGREEMENT is made and entered into on the — day of , 2015 (the "Effective Date ") by and between the City of Buffalo, New York (the "City ") and LCo Building, LLC, a New York limited liability company, with an office at 726 Exchange Street, Suite 825, Buffalo, New York 14210 (hereinafter called the "Company ") RECITALS. WHEREAS, the City is a municipal corporation of the State of New York (the "State "), possessing all rights and powers pertaining thereto, WHEREAS, this Agreement and the underlying transaction is subject to the formal approval of the Common Council of the City of Buffalo, WHEREAS, the Company is undertaking or has already undertaken the acquisition of properties and the construction of certain improvements located in an area of the City in and around 726 Exchange Street, 111 Hydraulic Street and 799 Seneca Street (the "Larkin Properties ") and in and or near, adjacent or around certain portions of Carroll and Hydraulic Streets (the "Project Site "); and WHEREAS, the Company has requested and the City has agreed, subject to the approvals and the satisfaction of the conditions more fully described herein, that the City abandon certain portions of dedicated streets known as Carroll Street and Hydraulic Street located as shown on the map attached hereto as ApEndix A and contiguous to a portion of the Project Site and that the City sell such abandoned street beds and title, right and interest thereto to the Company for the consideration and on the terms set forth herein. NOW, THEREFORE, in consideration of the mutual premises and for other good and valuable consideration, the Parties hereby agree as follows. 1. Definitions For purposes of this Agreement, including the Appendices, terms defined in the preamble, recitals and other sections of this Agreement shall have the meanings set forth therein and the following terms shall have the meanings set forth below: (a) " Agreement " means this Agreement and all Appendices attached hereto, as it may be amended from time to time in accordance with its terms. (b) " Appendix " means an appendix to this Agreement, each of which is incorporated into this Agreement by reference and made a part hereof. "Appendices" means more than one Appendix. (c) Reserved � (d) " Certified Mail means certified or registered marl, Federal Express, United Parcel Service, Express Mail or any similar mail delivery service generating a return receipt or a signature of the recipient, confirming delivery of that mail. Certified Mail does not include electronic mail: (e) "C_ qty" has the meaning set forth in the preamble to this Agreement. (f) " Closin g- Date " has the meaning set forth in Section 5 to this Agreement. (g) "Commissioner" shall mean the Commissioner of the City of Buffalo's Department of Public Works, Parks & Streets (h) " Conditions Precedent has the meaning set forth in Section 2 to this Agreement. (i) " Conti ency Date has the meaning set forth in Section 2 to this Agreement. (�) " Com any has the meaning set forth in the preamble to this Agreement. (k) " Deed " has the meaning set forth in Section 6(a) of this Agreement. (1) " Effective Date has the meaning set forth in the preamble to this Agreement, (m) " Carroll & Hydraulic Street Payment means a payment from the Company to the City, in immediately availabld funds, in the amount of Fifty Seven Thousand Dollars ($57,000.00), which is the purchase price for the Carroll & hydraulic Street Section. A refundable (but applicable towards the purchase price) deposit of $5,700.00 (the "Deposit ") is required at the time this Agreement is fully executed. (n) " Carroll & Hydraulic Street Section means those sections of Carroll & Hydraulic Streets as are shown and set forth on AyDendix A hereto; (o) " Governmental Authority means any government, state, county, municipality or other political subdivision and any entity, whether federal, State, local or otherwise, exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government. (p) " Infrastructure IpVMyements has the meaning set forth in Section 6(b) to this Agreement. (q) "Larkin Properties has the meaning set forth in the preamble to this (r) " Party " means any signatory to this Agreement. (s) " Parties " mean all the signatories to this Agreement unless the context specifically requires otherwise. 0 (t) " Permitted Exceiatio " shall mean those exceptions set forth in the fee title insurance policy (or title report or commitment for title policy) obtained by the Company as are acceptable to the Company. {u) " Person " means an individual, corporation, partnership, trust, limited liability company, limited liability partnership, unincorporated organization, Governmental Authority, any agency or political subdivision of any government, or any other form of entity. (v) " Project Site has the meaning set forth in the recitals of this Agreement. (w) " State " means the State of New York. 2. Conditions Precedent This Agreement and the parties' obligations hereunder shall be contingent upon the occurrence of each of the following no later than January 31, 2015 (the "Contingency Date "): (i) inspection and testing of the Carroll and Hydraulic Street Section by the Company, to such extent as it may choose to'do(ii) the Company's agreement to undertake such infrastructure improvements required by the City or the Commissioner pursuant to Section 7(b) of this Agreement; (iii) the Company obtaining such third party approval and agreements as may be required by the City's Commissioner of Public Works related to utility matters, said agreements to be in form and substance acceptable to the Commissioner in his sole discretion. If the Company wishes to inspect or test the property consisting of the Carroll & Hydraulic Street Section, the Company must first fill out (or cause to be filled out) the access agreement attached hereto as Appendix B and provide (or cause to be provided) the required insurance coverage. The scope of the proposed access and the testing/inspection objectives /methodologies are subject to approval of the Commissioner in his sole discretion and no access shall be permitted absent a specific written notice to proceed from the Commissioner. 3. Term of Agreement (a) Termination Date Notwithstanding anything contained in this Agreement which could be construed to the contrary, in the event that the Conditions Precedent have not been satisfied by the Contingency Date or the closing has for any reason not occurred by January 31, 2016, either and or both the City or the Company shall have the unilateral right to terminate this Agreement upon written notice to the Company or to the City, as applicable. If it is the City that initiates the termination of this Agreement, the Company's sole recourse and sole remedy shall be the right to a return of the Deposit. (b) Effect of Termination Termination or expiration of this Agreement shall not serve as the basis for a Party to seek repayment of any consideration paid or undoing of any obligation fulfilled as of the date of such termination or expiration. 4. Title (a) The Company shall be responsible for obtaining any title and suri7ey documents at the Company's sole cost and expense. After receipt, the Company will promptly furnish to the City's attorneys a copy thereof together with a specification in writing of any objection to title set forth in such title report that the Company believes it is not required to take title subject to in accordance with the provisions of this Agreement other than the Permitted Exceptions. The Company k3 (only with the prior written consent of the City and at the Company's sole cost and expense) shall bring any actions or proceedings or take such other action as may be appropriate to render title to the Carroll & Hydraulic Street Section marketable or insurable. Notwithstanding anything in this Agreement which could be construed to the contrary, the City shall have the right to jointly direct and control the substance, strategy and course of any such proceedings and or actions taken by the Company. (b) If the City is unable to convey a good and marketable title to the Carroll & Hydraulic Street Section, subject to the Permitted Exceptions and in accordance with the provisions of this Agreement, then, except as hereinafter provided, the Company may elect in its sole discretion, by written notice to the City, to: (i) terminate this Agreement by notice, in the manner hereinafter provided, delivered to the City, and this Agreement shall wholly cease and terminate and neither party shall have any further claim against the other by reason of this Agreement; or (ii) proceed with the purchase, provided the Company is able to obtain a commitment for title insurance in the amount of the Carroll & Hydraulic Street Payment at standard rates and the Company pays the premium for said insurance; or (iii) accept such title as the City may be able to convey, without reduction of the Carroll & Hydraulic Street Payment or any credit or allowance against the same and without any other liability on the part of the City. Notwithstanding anything contained in this Agreement which could be construed to the contrary, City shall not be obligated to spend more than $100.00 in the aggregate on title matters, curative measures and or utility related and or utility relocation related measures under this Agreement and or related to the objectives of this Agreement. 5. Closin g Date. Upon satisfaction of the Conditions Precedent and the Company's completion of the matters regarding title set forth in Section 4 above, the parties shall close the purchase and sale of the Carroll & Hydraulic Street section at 10:00 a.m. in the Eric County Clerk's Office on the fourteenth (10) day following the satisfaction of the last Condition Precedent or at such other time and date as the parties shall agree (the "Closing Date"). Notwithstanding the foregoing in the event that the closing has for any reason whatsoever not closed by January 31, 2016, then either and/or both the City and the Company shall have the unilateral right to terminate this Agreement and the Company's sole recourse and sole remedy shall be the right to a return of the Deposit. 6. Covenants of the City. In exchange for the commitments of the Company in this Agreement and upon satisfaction of the Conditions Precedent, the City shall: (a) Carroll & Hydraulic Street Section. (i) Promptly take such steps as are necessary under applicable law to abandon and sell to the Company the Carroll & Hydraulic Street Section on the Closing Date, and (ii) deliver to the Company, upon receipt of the Carroll & Hydraulic Street Payment, a duly executed quitclaim deed in the form of AQRtqdix C hereto (the "Deed"), together with an RP-5217 form executed by the City, and a TP-584 form, both completed with respect to the City to the extent required. The sale of the Carroll & Hydraulic Street Section shall consist of the state of title as is found by a title search ordered and paid for by the Company from a title company acceptable to the Company. Notwithstanding anything contained in this Agreement which could be construed to the contrary, the City shall not be obligated to spend more than $100.00 in the aggregate on title matters, curative measures and/or utility related and/or utility relocation related measures under this Agreement. The Deed shall contain a reservation of permanent easement rights over, across and under the entire Carroll & Hydraulic Street Section F. for the unrestricted access to the deeded property for the inspection, maintenance, repair, upgrade, improvement, alteration and /or replacement of any and all existing utility lines and /or other lines and /or facilities as may exist on or under the deeded property (including but not limited to all equipment related thereto), and for all rights related thereto, and there is also to be reserved to the City the right to construct, install, maintain, repair, upgrade, improve, alter and/or replace any and all types of above ground or underground utility lines and /or sanitary and /or storm sewer lines and/or waterlines and/or any and all equipment related to the foregoing. These reserved easement rights shall, if and when from time to time deemed appropriate by the City, be freely assignable in whole or in part(s) by the City to any one or more person, entity, utility company or utility companies and /or other utility authority or other person, entity or authority as is (are) deemed appropriate by the City. Upon written request made by the City, the Company shall agree to execute from time to time recordable non-exclusive easement or easements to the appropriate utility company or companies or other person(s) or entity(ies) or authority(ies) to more fully effectuate the intent of the reservations and such interests. Said reserved, easements shall also include access rights to and over other lands of the Company as are necessary to facilitate the rights reserved. Said reserved easements shall also include the right of the City, but not the obligation, to remove trees, shrubs and /or any other materials or improvements as Ware in the sole opinion of the City interfering with (or likely to interfere with) the rights of the City or others in the reserved easement(s). (b) Infrastructure Improvements Cooperate in good faith with the Company in any reasonable manner requested by the Company to assist in the expeditious completion of utility related or infrastructure related measures necessary to be undertaken by the Company in connection with the sale of the Carroll & Hydraulic Street Section. The City will hold regular meetings with the Company for the purposes set forth in this Section 7(b) of this Agreement and will reasonably consider execution and delivery of any reasonable instrument or document necessary to responsibly address utility concerns. The City is not obligated under this Agreement to make expenditures regarding utility concerns or to undertake obligations in connection with utility concerns. Further, the cooperation of the City is subject in each case to the prior written approval of the Commissioner in his sole discretion. 7. Covenants of the Company In exchange for the commitments of the City in this Agreement, the Company shall: (a) Carroll & Hydraulic Street Payment At the Closing Date, pay the Carroll & Hydraulic Street Payment (less the Deposit) to the City in immediately available U.S. funds upon receipt of the Deed. (b) Infrastructure Improvements At its expense, undertake and complete in a timely and expeditious manner such infrastructure improvements that the Commissioner may reasonably require. The City and the Company acknowledge that the City and or the Commissioner may in their sole respective but reasonable discretion require the Company to cause and pay for improvements to streets and rights of way impacted by such abandonment and sale. Such improvements shall be made and constructed in accordance with all applicable laws and ordinances (including also, without limitation, a requirement that the Company require its contractors to indemnify and hold the City and such other authorities as are designated by the City harmless and to provide primary insurance coverage naming the City and its relevant affiliated entities and other 0 authorities as additional insureds to the satisfaction of the City), The City and the Company will hold regular meetings to review progress on the infrastructure irnprovements. Said infrastructure improvements are expected to be in the nature of street sign changes, traffic management changes, possible utility changes and all other measures necessitated by the sale of the Carroll & Hydraulic Street Section in the City's reasonable discretion. The Company's obligations to complete these improvements shall survive the closing, but only with respect to such improvements as are identified and agreed to prior to closing. The Company shall, at its sole cost and expense, within ten (10) business days after delivery of the Deed by the City to the Company, (i) remove any City parking signs on the Carroll & Hydraulic Street Section and return them to the Commissioner, (ii) install appropriate signage on the Carroll &Hydraulic Street Section to manage parking and traffic. (c) Accept the Carroll & Hydraulic Street Section in an "as-is" condition. Further, the Company shall provide the City with an environmental release to be contained in the Deed in the form of the Release as is attached hereto as AZendix D. (d) At closing, if and to the extent required by the Commissioner, provide City, Buffalo Water Board and the Buffalo Municipal Water Finance Authority with a recorded easement(s) for the water line section or sections now within of to be placed or built within and near the Carroll & Hydraulic Street Section . Such easement must be in form and substance acceptable to the City and must be given to the City and or Buffalo Water Board by the pertinent title holder and subject only to such title matters or encumbrances as are acceptable to the Commissioner in his sole discretion. City has the right to reserve easement rights in the Deed in furtherance of the intent of the foregoing provisions. (e) If and to the extent required by the Commissioner or Buffalo Sewer Authority ("BSA"), take such steps and make such improvements and execute such documents and or grant such easements (or agree to reservations/creations thereof) as are necessary to satisfactorily address all of City's and BSA's concerns with respect to impacts that the abandonment and sale of the Carroll & Hydraulic Street Section as provided for in this Agreement shall have on BSA storm and sanitary sewer lines lying in the right of way of the Carroll & Hydraulic Street Section. All documentation relative to the sewer line arrangements shall be subject in each case to the prior written approval of the Commissioner in his sole discretion. Further, the City has the right to reserve easement rights in the Deed in furtherance of the intent of the foregoing provisions. (f) If and to the extent required the Commissioner, as to street lighting matters impacted by the sale of the Carroll & Hydraulic Street Section, it is agreed that, subject to the approval of the pertinent utility company, any new lighting will be purchased or procured and installed, operated, maintained, repaired and or replaced by the Company at the sole cost and expense of the Company. As to existing street lighting impacted by the sale of the Carroll & Hydraulic Street Section, it is agreed that, subject to the approval of the Commissioner and further subject to the approval of the pertinent utility company, existing street lighting will be taken over by the Company which shall thereafter at its sole cost and expense upgrade, operate, maintain, repair, replace and/or remove said street lighting. The City shall not have any responsibility with respect to the street lighting. It is agreed that the Company shall pay the cost of electricity for the street lighting and shall pay all costs and fees associated with trallsitioning and/or abandoning the street lighting operations. r% ,L (g) As to utility matters and rights of abutting property owners and /or third parties impacted generally in connection with or related to or which are derived from, impacted by or in any way otherwise created by or arising from or in connection with the sale of the Carr oll & Hydraulic Street Section, it is agreed that the Company shall and does hereby indemnify and hold harmless the City from and against all expenses, liabilities and any related costs associated with the sale of the Carroll & Hydraulic Street Section as derive from or are in anyway related to such utility and other related concerns. This indemnity shall survive closing and shall be placed in the Deed. Further, prior to closing, the Company shall obtain from each utility company (and abutting property owners and/or other impacted third parties) affected by the sale of the Carroll & Hydraulic Street Section such releases of the City as shall be in form and substance acceptable to the Commissioner. All agreements and arrangements reached and Made as between the Company and the affected utility companies (and abutting property owners and /or other impacted third parties) shall be subject to the prior written approval of the Commissioner. Elements and certain criteria for the discretion to be exercised by the Commissioner in the administration of this Agreement shall be informed by the concerns or issues and questions that may be raised by the City Fire Department, the City Police Department, the City Office of Strategic Planning, the City Law Department and the comments and concerns of other City personnel as well as impacted utilities and impacted third parties. (h) The Company shall not construct any permanent improvements of any kind, including but not limited to obstruction(s), gate(s), barrier(s), structures) and/or building(s) within the Carroll & Hydraulic Street Section without prior written consent of the Commissioner and Executive Director of the City's Office of Strategic Planning (the "Executive Director "). Such consent shall only be deemed to have been given upon recordation at the Erie County Clerk's Office of a recordable certificate giving such consent and executed by the Commissioner and the Executive Director and approved to form by the City Law Department. In addition to the certificate, the Company shall be obligated to obtain at the Company's sole cost and expense all permits and approvals required for the matter consented to. Non-permanent improvements, including, but not limited to, street striping, traffic signage, benches, landscaping, bus shelters and lighting, shall be subject to the approval of the Commissioner, which approval shall not be unreasonably withheld or delayed. (i) The Company shall keep the entire Carroll & Hydraulic Street Section open to all emergency, utility and /or governmental vehicle traffic free of charge on a 24-hour basis, 7 days per week into perpetuity (gates and /or other obstructions are not permitted at any time). This access shall not be deemed to give rise to a public right - of-way over and across the Carroll & Hydraulic Street Section. 0) The Company shall design and maintain the Carroll & Hydraulic Street Section to maximize pedestrian access over and across the Carroll & Hydraulic Street Section by its tenants, guests and invitees, subject to the Company's reasonable security, construction, repair and special event needs. This access shall not be deemed to give rise to a public right-of-way over and across the Carroll & Hydraulic Street Section. (k) The Company shall provide routine snow plowing with respect to the easterly -most 50 feet length and width of Carroll Street (not being conveyed to the Company), it 7 being understood that the sale of the Carroll & Hydraulic Street Section otherwise renders City's continued snow plowing of that remaining section of Carroll Street impractical. Further, in the event the Company within five (5) years of the Company's acquisition of the Carroll & Hydraulic Street Section repaves the Carroll & Hydraulic Street Section or portion(s) thereof, the Company shall likewise repave the easterly-most 50 feet length of Carroll Street. (1) The Company shall maintain the Carroll & Hydraulic Street Section in a manner satisfactory to the City so as to be safe for all permitted pedestrian and vehicular traffic. (in) Without limiting the City's rights, the Deed shall incorporate the covenants of subsections (h) through and including (1) of this Section 7 as covenants running with the land, and shall contain a provision setting forth that the City shall, in the event the Company fails to meet the covenants set forth in this Section 7 of this Agreement, have the right to unilaterally exercise a right of reverter, or to in the City's sole discretion and at the City's sole option, commence an action to enforce the provisions contained in this Section 7 of this Agreement. The effectuation of the reverter, if the City elects to exercise the reverter right, shall be implemented by the City unilaterally filing a certificate with the Erie County Clerk's Office stating that the Carroll & Hydraulic Street Section reverter has been effectuated and stating the reasons therefore. 8. Miscellaneous. (a) Official notices and communications. All notices and Communications required or authorized to be served in accordance with this Agreement shall be served by Certified Mail at each of the following addresses: LCo Building, LLC Larkin Development Group 726 Exchange Street, Suite 825 Buffalo, New York 14210 Attn.: President With a copy to: Kavinoky Cook LLP 726 Exchange Street, Suite 800 Buffalo, New York 14210 Attn.: David A. LoTempio, Esq. and Laurence K. Rubin, Esq. City of Buffalo, New York Mayor City of Buffalo Room 201 City Hall Buffalo, New York 14202 With a copy to: M Corporation Counsel City of Buffalo Room 1100 City Hall Buffalo, New York 14202 Attn: Corp. Counsel Timothy A. Ball With a copy also to: Commissioner of Public Works, Parks &Streets City of Buffalo Room 502 City Hall Buffalo, New York 14202 With a copy to the Executive Director of the City's Office of Strategic Planning in Room 920 City Hall, Buffalo, N.Y. 14202. (b) Further Assurances. The Parties shall execute and deliver all further instruments and documents and take any further action that may be reasonably necessary to implement the intent and the terms and conditions of this Agreement. Without limitation of the foregoing, the Parties will each seek, in a timely manner, any further ratification of this Agreement that may be required. (c) Successors and Assigns. All covenants and agreements herein contained by or on behalf of the Parties shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns and shall survive delivery and recordation of the Deed. Notwithstanding the foregoing, the Company shall not have the right to assign this agreement in full or in part without the prior written consent of the City, such consent to be granted or withheld in the City's sole discretion. (d) No Third Party Beneficiaries. All provisions herein are imposed solely and exclusively for the benefit of the Parties hereto. No other Person shall have any right, benefit, priority, or interest hereunder or as a result hereof or have standing to require satisfaction of provisions hereof in accordance with their terms. (e) Governing Law. Solely and exclusively for the limited purposes of this Agreement, this Agreement shall be governed by, and construed in accordance with, the laws of the State of New York. Venue for any and all disputes and any proceedings related thereto shall be in Erie County, New York. (f) Sey!,- ,rability. In the event any one or more of the p contained provisions co- tain d in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or enforceability shall not affect any other provision of this Agreement. 0 (g) Modifications and Amendments This Agreement may be amended only by an agreement in writing executed by all of the Parties hereto, with any approval which may be required by applicable law. (h) References References in this Agreement to Section or Appendix numbers or letters shall be to Sections of or Appendices to this Agreement, unless expressly stated to the contrary. References in this Agreement to " hereby, " herein, " hereinafter, " "hereof 99 GG , .: hereunder " and words of similar import shall be to this Agreement in its entirety and not only to the particular Section or Appendix in which such reference appears. (i) Counterparts For the convenience of the Parties, this Agreement may be executed in multiple counterparts, each of which for all purposes shall be deemed to be an original, and all such counterparts shall together constitute but one and the same Agreement. 0) City reserves the right to place any or all provisions of this Agreement in the Deed which such provisions shall then run with the land and be binding upon subsequent owners. [NEXT PAGE IS SIGNATURE PAGE] 10 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. CITY OF BUFFALO LCo Building LLC By: By: Dame: Name: Title: Title: 11 6 Appendix A Description of Carroll & �Iydraulic Street Section /lust be prepared by Company and approved by City in City's and or Commissioner's sole respective discretion: 12 13 .Appendix C Form of Teed To be drafted by the Company and Subject to the comment /revision by the City and or the Commissioner to their sole respective discretion. I Mendix D Form of Release LG Release This Release is given by LCo Building, LLC (hereinafter referred to as "Grantee ") to the City of Buffalo (the "City ") as a condition to the delivery of the quitclaim deed to which this Release is attached by the City to the Grantee for the certain roar property commonly known as a section of Carroll & hydraulic Streets in the City of Buffalo (the "Property "). 1. RELEASE PROVISION: Grantee hereby releases City and its officers, employees, directors, agents and representatives (collectively, "City ") and the Buffalo Sewer Authority ( "BSA ") from any and all claims (whether direct claims, cross-claims, third -party claims, defenses, counter-claims or other types of claims) against City and shall be precluded from asserting any such claim, other than those arising out of actions by the City or the BSA after delivery of the Deed by the City to the Company, related to damages, losses, charges, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, actions, proceedings, costs, disbursements, and /or expenses, including without limitation, all attorneys' and experts' fees, costs of investigation, monitoring, remedial response, removal, restoration or permanent acquisition of any kind whatsoever, which may now or in the future be undertaken, suffered, paid, awarded, assessed, imposed, asserted or otherwise incurred by Grantee, individually or collectively, at any time resulting from or arising out of the following, including but not limited to such of the foregoing as may arise under the Resource Conservation and Recovery Act, the Oil Pollution Act, the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act, the New York State Environmental Conservation Law, and or the New Fork State Navigation Law.: (a) the past, present or future presence, Release or threatened Release of any Hazardous Substances, including but not limited to petroleum or any petroleum based substances, in, on, above or under the Property or migrating to parcels now or hereafter owned by Grantee; (b) any personal injury, wrongful death, or property or other damages arising under any statutory, common law or tort law theory, arising out of, or related to, the remediation of the Property or parcels now or hereafter owned by Grantee; (c) Grantee's failure to promptly undertake and/or diligently pursue to completion all necessary, appropriate and legally authorized investigative, containment, removal, cleanup and /or other remedial actions with respect to a release or threat of release of any hazardous substance, including but not limited to petroleum or petroleum based products, on, at or from the Property or migrating off the Property to any and all other locations off -site; (d) human exposure to any hazardous substance, including but not limited to petroleum or petroleum based products, noises, noxious fumes, vibrations, or nuisances of whatever kind from any condition on the Property resulting from hazardous Substance, or the ownership, use, operation, sale, transfer or conveyance thereof, (e) a violation of any applicable state or federal statute or regulation with respect to any environmental or other condition now or hereafter existing on the Property; (t) any investigation, prosecution, enforcement, action, suit, request to negotiate or consent order or other action by any governmental body or office relating to environmental conditions at 16 the Property, including but not limited to the New York Department of Environmental Conservation. ( "DEC ") or the Environmental Protection Agency ( "EPA "); (g) any and all costs in connection with any clean-up, removal and/or investigation of environmental contamination, deposited on or into the Property or migrating therefrom, whether from on or off site, for which legal requirements mandate be cleaned up at, or removed from, the Property or any other property contaminated from the migration of Hazardous Substance off-site. The release of City hereunder shall in no way be limited, abridged, unpaired or otherwise affected by the following, (i) the release of Grantee, the City and or any other person from the performance or observance of this agreement by operation of law, City's voluntary acts or otherwise; (ii) the invalidity or unenforceability of any of the terms or provisions of any of the Property purchase documents and or related documents; (iii) any applicable statute of limitations; (iv) any investigation or inquiry conducted by or on behalf of the City or any other releasee or any information which City or any other releasee may have or obtain with respect to the environmental or ecological condition of the Property; (v) the sale, transfer or conveyance of all or part of the Property; (vi) the release or discharge in whole or in part of Grantee in any bankruptcy, insolvency, reorganization, arraignment, readjustment, composition, liquidation or similar proceeding, or (vii) any other circumstances which might otherwise constitute a legal or equitable release or discharge, in whole or in part, of Grantee. II. REPRESENTATIONS AND WARRANTIES: City makes no representations or warranties with respect to the past, present or future presence, Release or threatened Release of any Hazardous Substance, including but not limited to petroleum or any petroleum based substances, in, on, above or under the Property, and/or migrating off the Property to any and all other locations off-site. City makes no representations or warranties as to any past, present or threatened non-compliance or violations of any Environmental Laves (or permits issued pursuant to any Environmental Law) in connection with the Property or operations thereon. WA merchantability, use, operation value, marketability, adequacy or physical condition of the Property or any aspect or portion thereof, including, without limitation, structural elements, appurtenances, access, landscaping, parking, plumbing, sewage, and utility systems, facilities and appliances, soils, geology and/or groundwater, (ii) the dimensions or lot size of the Property, (iii) the development or income potential, or rights of or relating to, the Property, or the Property's use, habitability, merchantability, or fitness, or the suitability, value, or adequacy of the Property for any particular purpose, (iv) the zoning or other legal status of the Property or any other public or private restrictions on the use of the Property, (v) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any Governmental Authority or of any other person or entity (including, without limitation, the Americans with Disabilities Act), (vi) the ability of Grantee to obtain any necessary governmental approvals, licenses or permits for Grantee's intended use or development of the Property, (vii) the presence or absence of Hazardous Materials on, in, under, above or about the Property, (viii) the quality of any labor or materials used in any improvements, (ix) the condition of title to the Property, (x) City's ownership of the Property or any portion thereof, or (xi) the economics of or the income and expenses, revenue or expense projections or other financial matters, relating to, the operation of the Property. Without limiting the generality of the foregoing, Grantee expressly acknowledges and agrees that Grantee is not relying upon any representation or warranty of City, nor any officer, employee, attorney, agent or broker of City, whether implied, presumed or expressly provided at law or otherwise, arising by virtue of any statute, common law or other legally binding right or remedy in favor of Grantee. Grantee further acknowledges and agrees that City is under no duty to make any inquiry regarding any matter that may not be readily known by City and or by any officer, employee, attorney, agent or broker of City. This section and all provisions of this Release shall survive the delivery, acceptance and or recordation of the deed to which this Release is attached. Any reports, repairs or work required by Grantee are the sole responsibility of Grantee, and Grantee agrees that there is no obligation on the part of City to make any changes, alterations or repairs to the Property or to cure any violations of law or to comply with the requirements of any insurer. Grantee, at Grantee's sole cost and expense, shall be responsible for obtaining any permits necessary for use of the Property and shall also be responsible for any repairs or alterations necessary for same, all at Grantee's sole cost and expense. Grantee acknowledges that Grantee has had the right and a full opportunity to conduct any testing or other investigation of the Property and has fully availed itself of such right or has otherwise waived such right and opportunity. IV. DEFINITIONS: As used in this Release, the following terms shall have the following meanings: "Hazardous Substance" means, without limitation, any flammable explosives, radon, radioactive materials, asbestos, urea formaldehyde foam insulation, polychlorinated bifennels, petroleum and petroleum products, methane, hazardous materials, hazardous waste, hazardous or toxic substances and any other material defined as a hazardous substance in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq.; The Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1801 et seq,; The Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6901 et seq.; Articles 15 and 27 of the IN, New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy, guidance procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. " Environmental Law means any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. The term "Environmental Law" includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right -to -Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (including but not limited to Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act, the Clean Water Act; the Clean Air Act, the Toxic Substances Control Act; the Safe Drinking Water Act; the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the National Environmental Policy Act; and the River and Harbors Appropriation Act. The term "Environmental Law" also includes, but is not limited to, any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law; conditioning transfer of property upon a negative declaration or other approval of a governmental authority of the environmental condition of the property; requiring notification or disclosure of Releases of Hazardous Substances or other environmental condition of the Property to any governmental authority or other person or entity, whether or not iii connection with transfer of title to or interest in property; imposing conditions or requirements in connection with permits or other authorization for lawful activity; relating to nuisance, trespass or other causes of action related to the Property; and relating to wrongful death, personal injury, or property or other damage in connection with any physical condition or use of the Property. " Release " with respect to any Hazardous Substance includes but is not limited to any release, deposit, discharge, emission, leaking, leaching, spilling, seeping, migrating, injecting, pumping, pouring, emptying, escaping, dumping, disposing or other movement of Hazardous Substances. Releases shall also have the same meaning as given to that term in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq., and the regulations promulgated thereunder and Articles 15 and 27 of the New York State Environmental Conservation Law, and the regulations promulgated thereunder. " Remediation " includes but is not limited to any response, remedial, removal, or corrective action, any activity to clean up, detoxify, decontaminate, contain or otherwise remediate any Hazardous Substance; any actions to prevent, cure or mitigate any Release of any Hazardous Substance; any action to comply with any Environmental Laws or with any permits issued pursuant thereto; any inspection, investigation, study, monitoring, assessment, audit, sampling and testing, laboratory or other analysis, or evaluation relating to any Hazardous Substances or to anything referred to herein. " Legal Action means any claim, suit or proceeding, whether administrative or judicial in nature. 19 " Loss or Losses includes any losses, damages, costs, fees, expenses, claims, suits, judgments, awards, liabilities (including but not limited to strict liabilities), obligations, debts, diminution in value, fines, penalties, charges, costs of Remediation (whether or not performed voluntarily), amounts paid in settlement, foreseeable and unforeseeable consequential damages, litigation costs, attorneys' fees, engineers' fees, environmental consultants' fees, and investigation costs (including but not limited to costs for sampling, testing and analysis of soil, water, air, building materials and other materials and substances -whether solid, liquid or gas), of whatever kind or nature, and whether or not incurred in connection with any judicial or administrative proceedings, actions, claims, suits, judgments or awards to the extent recoverable at law or in equity. " Fines" or "Penalties means any levy imposed by a governrncatal body or office, including but not limited to the DEC or EPA, authorized by statute or regulation, that is not, directly or indirectly, compensation for, or reimbursement of, any actual cost incurred, liability unposed, or loss sustained by said governmental body or office or any other party. It is specifically understood that "fines" or "penalties" are levies imposed as a punitive or deterrent measure and do not include any other type of loss, except as otherwise defined' by statute or regulation. V. THESE PROVISIONS TO RUN WITH THE LAND AND IMPROVEMENTS. All of the provisions contained in this Release shall run with the land and also with the improvements constituting the Property and shall be binding upon Grantee and all its successors and assigns as well as upon all subsequent purchasers or owners of the Property following the date of recording of the deed to which this Release is attached. Notwithstanding the foregoing and by way of clarification, it is expressly agreed that the provisions contained in this Release shall be forever binding upon all owners of the Property taking title or an interest therein. I Name: Title: 06805/30669/4306363 A Rol In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the LAST R TITLE j P4 LAST SALARY NAME Jessica Lazarin DATE ADDRESS 160 Hamilton Dr. CITY & ZIP Amherst, NY 14226 LAST 4 DIGITS OF SSN. X)(X-XX- LAST TITLE If . - LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX-XX- TITLE OF APPOINTING. AUTHORITY Corporation Counsel Apr °s9 2, 2095 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) e April 14, 2015 Prior Council Reference: (If Any) Ext. Item No. xxx, C.C.P. xx/xx/xx): Text Type Single Space Below): Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 140 Abbott (Bhupinder Singh/Ajay Amherst Inc) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE I ON LEGISLATION. , Type Department Head Name: T Title: Signature of Department Head: JC:PS.jd M Director P it & Inspection Services Date COMMON COUNCIL REQUIRED fee fee fee 0 Restaurant 1 ®200 seats $174.04 ❑ Restaurant Dance 13 Restaurant fake Out $ 88.00 13 201 -400 seats $250.00 ® Floor Show $367.50 ® 1115 employees $157.00 ® 400+ seats $350.00 ® Live Music $210.00 ''�' ood Store $115.00 ® Yes 0 No Selling alcoholic beverages? 13 Mechanical $131.25 " OMrION COUNCIL REQUIRED Business Phone ( �) Business Name (dba) COMMON COUNCIL REQUMEID 13 Meat Fish Poultry $150.00 ® Certificate of Inspection $56.00 j NYS Tax ID # L � 6' _ 6.�Business Website Public Assembly) Restaurant 50+ ( Y seats 0 Public Dance {based on sq ft } 0 Caterer $ 88.00 COMMON COUNCIL REQUIRED O oCo Dancing $131.25 ® Coin Control Amusement COMMON COUNCIL REQUIRED 11 Bakery # games ® per game $47.25 ® Skating Rink $210.00 ®0 °2 employees $ 63.00 COMMON COUNCIL REQUIRED Arcade # games _ per game $47.25 O Bowling Alley per lade $31.50 COMMON COUNCIL REQUIRED ® 3 ®10 employees $105.00 # lanes ® Music mechanical $52.50 ® 1115 employees $157.00 13 Music live, no dancing $52.50 ® Billiard Parlor per table $31. 50 1126-50 employees $315.00 ® News Stand $63.00 #tables COMMON COUNCIL RE QUME D ❑ 51 -200 employees $525.00 Corporation attZe `` / tip Business Phone ( �) Business Name (dba) Business Fax ( } Business Address (no PO Box) r r %� t j '� Mailing Address (if different) ?g j NYS Tax ID # L � 6' _ 6.�Business Website E ®Mail Owner(s)/ Principal Partner . Applicant (last, first) / "' I Home Phone Home Address, PO Box not acceptable) Date of birth 1 , Place of Birth l Co-Applicant (last, first) Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and /or civic responsibility for the timely.fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. Initial App No As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief Si nature Date Applicant must be present at thus of all insgectios ,. .. ..: .. . .� :.. . .. . «<\+ ° � } \\\v :< ,- L-1- :. ,: : z . 2)} »% , \1 ", E TS21$±.K, Smith City : „ : © « . 41 C t Ha 1502 City Hall \ I . Christopher 2,52yfl+f 401 C y Hal ! T-k N W yatt fy»«: « :e, � ° ° - � 1508 \ \i1 ^© Applicant Signature Prior Council Reference: (If Any) [; Ext. ( Item No. xxx C.C.P. xx/xx/xx Text ( Type Single Space Below Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a load Stare License located 1069 E Ferry St (Hail Ali Barman/New City Market) and find that as to forth is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. LEGISLATION. REFERRED TO THE COMMITTEE ON Tyne Department Head Name: Type Title: Signature of Department Head: 1C:PS:jd Collection Office Fire Prevention Police Department Zoning Office Permit & Inspection Services Date CITY OF BUFFALO - LICENSE APPLICATION 61 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone ( 716) 851_4078 Fax (71 6) 851.4952 Type of Entity 0 Sole Proprietor 0 Corporation 0 Partnership El Limited Liability Company fee fee fee 13 Restaurant 1200 seats $174 .00 ® Restaurant Dance ® :Restaurant Take Out $ 88.00 11201-400 seats $250.00 0 Floor Shaw $367.50 0 400+ seats $350.00 0 Live Music $210.00 Food Store $115.00 Yes No Sellinu alcoholic bevera es 0 Mechanical $131,25 er r Ica e o ® e ,� Milt 150:00 (Public Assembly Restaurant 50 seats 0 pudic Dance (based on sq f1) 0 Caterer $ 88.00 11 Coin Control Amusement 0 GoGo Dancing $131.25 IJ Bakery # games ® per game $47.25 13 Skating Rink $210.00 13 0 -2 employees $ 63.00 ® .Arcade # games _ per game $47.25 13 Bowliing Alley per lane $31.50 0 3 -10 employees $105.00 Music mechanical $52.50 # lanes 0 11 -15 employees $157.00 Music live, no dancing $52.50 11 Billiard parlor per table $31.50 0 26 -50 employees $315.00 11 News Stand $63.00 # tables 0 51 -200 employees $525.00 _ f- Print Name tt C nissionee s -- City of Buffalo Signature Date ; 0 1 App No Allicant st a ��°eset at t a o all i�s�eeti ®ns Magi A, Awass Nola q/ Public State of New York County of Erie june 26, 20 I � i 1 SEP Svrrtame BARMAN 2" x ' eOt �'�a➢r yE3at�gf St&&F7 . Sex X27 ffiE�94 �1 ? Card Expires' 091051 Y Buffalo, NY 14202 (716) 851-4078 LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 1069 FERRY EAST LOCATED AT: COUNCIL DISTRICT: Fillmore District APPLICANT NAME: HAILAH BARMAN APPLICANT PHONE: (716)866-9090 APPLICATION NO: FST14-10026657 REFS RRALDATE: 03/31/2015 ------------- ------------ -- --- --------- ...... - - I - -- -- --- -- ----------- ------ -------- ---------- -------- - - - - -- -- --------- ------- -------- (TO BE COMPLETED BYAGENCY/DEPARTMENT REFS TO) APPROVED : DATE: DISAPPROVED: DATE: 31SAPPROVAL DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** Out 1 -3 INSPECTOR: 6+" 1 — RM# — EXT I, FOODSTORE 1069 FERRY EAST FILLMORE COUNCIL DISTRICT HAIL AH BARMAN (716)866-9090 FST14-10026657 -------------- --------- ------- --- --------------- ---- --------------------- (TO BE COMPLETED BYAGENCYADEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: If z - �> INSPECTOR: RMN EXT PLEASE COMPLETE AND RETURN THIS REFERRAL 1-7, THE OFFICE OF LICENSES. THANK YOU. I INSPECTION TYPE: POLICE REFERRED TO: MARGARET OVERDORF APPLICATION FOR: NEW CITY MARKET FOOD STORE 03 1069 FERRY EAST FILLMORE COUNCIL DISTRICT HAIL AH BARMAN (716)866-9090 FST14-10026657 REMARKS: FIJLXTJIZITIIX � : `, vi October 31, 2014 ..................... -- -- ---- ---- ---- -- -- — --------- ------------- --- --- .................. (TO BE COMPLETED BYAGENCY/DEPARTMENT REFERRED TO) DATE. 7 DISAPPROVED: DATE: F.V24 4TH "I DISAPPROVED: DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW *** COMMISSIONER OF POLICE:_ _DATE, To: The Common Council: Date; April 2, 2015 Text ( Type Sin lle_Snace Below Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 209 Massachusetts alga 477 Plymouth ( onzurul Islam/LESS PRICE GROCERY) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: JC:PS:jd Per City of Buffalo Ordinance Chapter 194, the following is a check list of requirements for Food Store application to the Common Council: Director Pe, nt & Inspection Services ?'D ate no M -1 9 - 11 HMWEIUH�� Type of Entity 0 Sole Proprietor Corporation 0, Partnership fee $47.25 fee 11 Restaurant 1-200 seats $174.00 IJ Restaurant Dance $52.50 11 201-400 seats $250.00 0 Floor Show $367,50 0 400+ seats $350.00 0 Live Music $210.00 0 Yes 0 No Selling alcoholic es2 0 Mechanical $131.25 _bever Certificate 01 inspection :W56.00 (Public Assembly) Restaurant 50+ seats 71MR-TWO."t ffl#94�1 11 W. # games _ per game $47.25 0 Arcade # games _ per game $47.25 13 Music mechanical $52.50 0 Music live, no dancing $52.50 11 News Stand $63.00 13 Public Dance (based on sq R) 0 GoGo Dancing $131.25 Business Website 0 Limited Liability Company Business Phone ( IN Co-Applicant (last, first) / /MT" — Home Phone q/7--/ Home Address: (PQ B M 3 � �C- A / � - 1 / �12_ < TES AY6 i YM 0 / V' Date of bi lace of Birth - b "ZA L,'�A4 66,&1) Describe your specific business activity in detail. t. I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. Initial — App No T /W710 Applicant malust be present at time of all inspections. fee 0 Restaurant Take Out $ 88.00 A Food Store $115.00 * - eat Fish Poultry $150.00 Caterer $ 88.00 0 Bakery 0 0-2 employees $ 63.00 0 3-10 employees $105.00 0 11-15 employees $157.00 0 26-50 employees $315.00 0 51-200 employees $525-00 Business Phone ( IN Co-Applicant (last, first) / /MT" — Home Phone q/7--/ Home Address: (PQ B M 3 � �C- A / � - 1 / �12_ < TES AY6 i YM 0 / V' Date of bi lace of Birth - b "ZA L,'�A4 66,&1) Describe your specific business activity in detail. t. I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. Initial — App No T /W710 Applicant malust be present at time of all inspections. I F' 8 1UNG PERIoD PACE I of 4 ACCi3tS3a T tVUMBER �* _ o s;r�aatrr��aszaau�acca ? o ..., " tv'uJ'v-/URUL ISLAM EE g y g^-�^p- .sir- 4 ° 3(�U"Y �eA1tOc+x.�.:. •-�L' c dS AV p L fit_ 13 13-25—'15 08:21 FROM—COB—LICENZ r MAR GARET oVmw Less Price Grocery FOOD STOU bl ........................... ................................. ........... (TO BE COMPLETED BYAGENCV/DEPARTMENT UFERUD TO) y DA t 4 _ ' �J DISAPPROVED: DISTRICT CAPTAIN: APPROVED: ,.: D ISAPPROVED: DAT e DArF-: ***UASON FOR i PP V ST BE ST ATED BELOW MAIIJA is ' REFERRED ,.,' A FOR: Less Price Grocery FOOD STORE 209 MASSACHUSETTS 477 Plymouth NIAGARA COUNCIL DISTRICT Monzurul Islam (716)544 -2046 FST14- 10026567 F:. %fm.f (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) DATE: APPIt ®VEI): �' DISAPPROVED: DATE: DISAPPR D ATE: ***REASON FOR DISAPPROVAL MU BE STATED BELOW * ** REMARKS: INSPECTOR: � 1 � � # r� � EXT FLEASE COMPLETE AND RETURN THIS REFERRAL TU T YE OFFICE OF O Food Store License (New) — 209 Massachusetts a/k/a 477 Plymouth (Nia)(DPIS) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated April 2, 2015, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Stare License to Monzurul Islam d /b /a Less Price Grocery located at 209 Massachusetts a/k/a 477 Plymouth. PASSER C:\ Users\lrucinski\AppData\Local\Microsoft \Windows \Temporary Intemet Files \Content.Outlook \OX32QVW6 \food store license -new -209 Massachusetts.docx T 8 E No L ON T ANA m m FRMCZ m 0L m LO T m m r rc OAT m [I�W- 51 q*c) y [314 n 7] Prior Council Reference: (If Any) [: Ext. ( Item No. xxx C.C.P. xx/xx/xx Text { Type Single Space Below Pursuant to Chapter 265 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Property Management License for Julia Spitz/Savarino Properties LLC and find that as to form is correct. I will cause an investigation into the applicant for which said application for a Property Management License is being sought and no License will be issued until all required approvals from the Police Department and Law Department are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Julia Spits d /b /a Savarino Properties LLC, the attached: thereto for. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: JC:PS:jp Rafe` SWORN BEFORE, ME T141S :, �...s ., r I "x au UaK r. IMIiz - v GENPRAL LIABILITY EACH OCCURRENCE $ 1,000, X COMMERCIAL GENERAL LIABILITY 1 R $ 1 00,0()0 A CLAiMSxvIADF OCCUR PAS170009 1 12OS4 MEO EXP (Any one person) $ 5, 000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE 5 2,000,00 GEN'L AGGREGATE: LIMIT APPLIES PER: PRODUCTS ;- COMPIOP NGG S 2,000,000 PRO - POLICY LOG S AUTOMOBILE LIABILITY a i, I 1, LEI IT 1 L 000 00 a ANY AUTO BODILY INJURY (Per person) $ AllTOS PD A58 70007 f �f Q14 f 1 5 BODILY INJURY IParacoldenty OS AUTNO�4NNE#7 P ' I DAMA j LIAS X OCCUR EACH OCCURRENCE $ 5 p, AR CL4IMS -MAOF AGGREGATE $ 5, 000, 000 RETENTION 10,00 vAS370QQ9 1�I�410 16l�2615 WORKERS COMPENSATIOAI WCSTATUs t?TH- AND EMPLOYERS` LIABIk t tY YIN ANY PROPRIETORlPARTNER/EXEGUTIVE E,L, EACH ACCIDENT ER GLUDt U1 � NIA (Mandaory Its (M In NH} E L DISEASE - EA EMPLOYE $ If ea, describe Under DESCRIPTION OF OPERATIONS below E.L, DISEASE - POLICY LIMIT a OESGRIPTION OF OPERATIONS] LOCATIONS/ VEHICLES (Attach ACORD 10i, Additional Remarks Schedule, If more,space lsrequfted} CA C LLI TION CERTIFICATE MOLDER s SHOULD ANY OF TIIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 301 City Hall B uffalo 14Y 14202 ACCORDANCE WITH HE POLICY PROVISIONS, City of Buffalo 301 City Hall AUTHORIZED REPRESENTAnVE B uffalo, NY 14202' r ACORD 25 (2010105) 01088 -2014 ACR D CORPORATION. All rights reserved.' IN18625r?nirnm nl Tha Af".olm mama s*nrl lnrirs ssrA ranlafaararf marRa n€ A jtnPn , Va In. regal Alcoa Illd 95 ferry Buffalo, Pvlici} 2. Name and Address of the Entity Requesting Proof of Coverage entity Being Listed as the Certificate fender) Buffalo, NY 14202 r .. s€teaul Security Number .o of Insurance Carrier ilrielo tasuraatceCompany Nvmlaer of entity listed in box 'I a" oyeltective period II [li�l to 01/01/ 201 Proprietor, Partners or Executive Officers are iaachtdeds (only check box if all partnerstofficers included) excluded 'or certain partners/officers excluded. This certifies that the insurance carrier indicated above in box "3" insures the busittess referenced above; in box " "la for workers' compensaation under the New York State Workers' Compensation Law. (To use this form NewYork 'Y) must be listed under Item 3A can the INFORMATION PAGE of the workers' compensation insurance policy). The asurance Carrier or its licensed agent will send this Certificate of insurance to the entity listed above as the certificate holder in box "T', Please Notes; Upon the cancellation of the workers' compensation policy indicated on this form, if the business continues to be named on a permit, license or contract issued by a certificate holder, the business must provide that certificate holder with a new Certificate of Workers' Compensation Coverage or other authorized proof that the business is complying with the mandatory coverage requirements of the New York State Workers' Compensation Law, Under penalty of perjury, I certify that I am an authorized representative or licensed :agent of the insurance carrier referenced above and that the named insured has the coverage us depicted on this form. Approved by: lnailas loaaes (Print name of authorized representative or licensed agentofinsurance carrier) Approved by. 1012912014 (signature) (bate) Title: ice rc ide .t Telephone Dumber of authorized representative or licensed agent of insurance carrier: 4A€1 5`l -r117 7 Please lVole, .Only insurance carriers and their licensed agents are authorized to issue Fortt, C -105.. Insurance brokers are NOT authorized to issue it: C-105.2 (9 -07) www.wcb.state.ny.us k 30 Mississippi Street; FZ LLC & Samuel J Savarine 1 retail establishment 95 Perry Street Michigan Street Development LL apartments, 2 retail esta blishments & 4 commercial offices 430 Jersey Street West Side Neighborhood Mousing Services, Inc, 14 apartments LOCATED AT: APPLICANT NAME: APPLICATION NO: REFERRAL DATE: I PROPERTY MANAGER 95 PERRY FILLMORE COUNCIL DISTRICT JULIA SPITZ (716)361-5012 PMA14-10026679 I ---------- ..... I -------- ----------------------- -------------- -- .............. (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) Tolvi"I ac, DATE: ao DATE: RMH EX T -S- M Property Management License — 95 Perry Street (Fill)(DPIS) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated April 2, 2015, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 265 of the City of Buffalo Ordinance to issue a Property Management License to Julia Spitz d/b /a Savarino Properties LLC located at 94 Perry Street. PASSED Q\ Users\ lmcinski \AppData\Local\Microsoft \Windows \Temporary Internet Files\ Content .Outlook \OX32QVW6\Property Management License 95 Perry.docx / \� \ �k / / *NO* \ FRANCZ \ \ < \ 90ALO kK \�\® LOCURTO \ ~ k ! } } �f I \ \ . .SC : dN . . 2: { r A . ■ � }W - §] * .+ \ [21) - 6] .. [314 - 7] . : } LJ Fire Inspection Ll Police Department - 4,Police Record Check - Zoning Direct Permit Inspection Services Dite �F TI" e r , P� I 00;;, 031 fee fee ® Used Car Dealer $262.50 ® Tire Handier I $118.00 Tire Storage Information COMMON COUNCIL REQUIRED 10 -1000 tires Inside Storage yes no ® Second Land Dealer $118.00 ® Tire Handier II $262.50 Outside Storage _ yes COMMON COUNCIL REQUIRE D Include NYS Environmental Conservation Law _no ® Scrap Processor $ 78.75 Part 360; Storage plan and General Liability Insurance at least $50,000 both for personal ® Flee Market fee COMMON COUNCIL I E(jlllltlEll injury and property damage, must contain 10 1 -10 tables $ 78.75 ® W Junk healer $262.50 day cancellation clause with the certificate 11 -25 tables $155.00 COMMON COUNCIL REQUIRED holder as City of Buffalo, Office of Licenses +26 tables $210.00 C®MAAnr.T CnIIrtCI Room 301, Butrato NY 14202 L 1%r'%z j1nnI& Corporation a a- .Business Phone (1�) -�-�° r °1, Business dame (dba) — L a l- Business Fax ( } Business Address (no PO Box) - -' Mailing Address (if different) NY S Tax ID # Yl r , Business ebsite E -Mail Home Address; (P4 Box not acceptable) Date of birth Place of Birth Describe ypur specific business activity in I Sub nd s orn t befog this 0 y of Co ssioner of Deeds in and for the ty of Buffalo, New York I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. Signature - ]date a i i ME Demone A. Smith 1414 City Hall J o se ph G 1 1 1 ° 15 02 C ity Hall C hristopher P. Sca 1 401 . City Ha �AA�icattt Signature ------------------ ------------- ------- --------------------------- _ - - - -- -- -------- (TO BE COMPLETED BYAGENCY/DEPARTMENT REFERRED TO) ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** RMN r r EXT CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 REVIEW TYPE: ZONING REVIEW REFERRED TO: DAVID DRUG APPLICATION FOR. CASH 4 GOODS LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 959 BROADWAY LOCATED AT: COUNCIL DISTRICT: FILLMORE COUNCIL DISTRICT APPLICANT NAME: MOHAMMADf*HATTY APPLICANT PHONE: (347)935-7902 APPLICATION NO: SHDIS-10026937 REFERRAL DATE: REMARKS: ------------------ ------------- ------- --------------------------- _ - - - -- -- -------- (TO BE COMPLETED BYAGENCY/DEPARTMENT REFERRED TO) ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** RMN r r EXT P -14 V.3/96) PLICATION RELEASE FORM TO DE MAILED TO: Buffalo Police Department a Identification Section 2015 VAR 23 PM 74 Franklin Street Buffalo, New York 14202 There is a $10.00 fee to process this data. By mall, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police (Department. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Comm issioner of Deeds, as listed on the bottom of his application. Without total compliance to these instructions, you WILL NOT receive the requested information. M DATE OF BIRTH: SOCIAL SECURITY NUMBER: RE ASON FOR REQUEST: k Vt{ � SIGNATURE OF APPLICANT: BUFFALO POT MMIE •_. i". -, i' , i _.,. _- � c �! � 1 _ i ice. / i. , -. �„ . i 1 � h i• � .may i �•_ i. 1 p } i 9 _ i y r M ENT C AN N O T R - ASE A R R A O ERIE COUNTY POLICE AGENCY. Second Hand Dealer — 959 Broadway (Fill)(DPIS) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permit and Inspection Services, dated April 2, 2015, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Muhammad Bhatty dlbla`Cash 4 Goods located at 959 Broadway is hereby approved. PASSED C: \UsemXlmcinsld\AppDataUL cal\Miomwft \Windows\Temporary Intemet Files\Content.Omlook1OX32QVW6 \Second Hand Dealer 959 Broadway.docx [213 [3/4 7) g ` #4 (Rev. 1/93) Sin leg _Pap-e Communication to the Common Council To: The Common Council: Date: March 31 2015 From: Type in Upper and [: Lower Case Only [: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx C.C.P. xx/xx/xx Text ( Type Sin lg e Space Below Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand healer License located at 1344 East Delavan and find that as to form is correct. I will cause an investigation into the premises for which said application for a second hand dealer license is being sought and no License will be obtained until reports from the Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Javed Akhtar The attached thereto for Javed Akhtar d/b /a/ Dash Time LLC. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: 7C:PS:jd F / UP �t [AMPS CO OORD COSSI(NER 1 17 t l� j l � k � 3° Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Second Hand Dealer application to the Common Council: Direct Permit & Inspection Services Date _ OF BL 5 1 iagara Sq. Ci!-y Hall Room 301 udad NN Y 14"02 '-4952 3) _t 851 -40 78 Fax ('71 A'd hafe i-runation, on, this fomrm is PUbliff, record M2_ BUSINESS LICETNTSE AFT JL 3, s�nesS Phone (20i) ct Name g�ot T e Business Fxc Less Name (dba) KCLSII ac, Mal,lingAddyess NYS Tax ID # E-MaH Owner(s)/PliRciPal Pfft .1 me P- !one -tay- ' Apph- --.a3qt (last _R-sQ Akh Home Addres Place of B CL1 Date of bi-Ab Co-Applicant (last, M'st) Home Address: (PO Box not accePT&Oie) T Date of birffi 'A"Lace O i 3,:i D escri 'be your specific, blisiLcss Home Phone IM S e'ewe e th d and s-.wornto b -a e 0 P' s % ay of Commissioner of Dee Rr the, City of Buffalo, New Yonk i :» t.1- ZOIZACK N ry b 1 j:-, State of New York -, d in Erie County R Rog, OIZO6298127 h "O 1 0, 2018 ar c;. ligation to provi ely nge in required :1T,7are of - i_`t �e ob 1 j r- j etime noficeofanycha briorniall 'o Ew ja ve inf or-Pned all ers managers, or other principals of their 1 ity f -e timely I If e of s d fu 111m nt restriction an vic rosponsibi' orth conditions to Iffit HCOI-Ise or timely ECbeiemcnt of any nuisance activity at or associated V 'tL n tn�i15 ?mow 3, an authorizz"I , o f t:h rLS e evifty ideat fied above. I certify the information on this complete Bald curr to the best of my knowledge and belief ?Tiffllk Na""', I E Date fee fe4a 0 Used C2Y. Dealer $262.50 0, T L -- e F I a u, li -.- I Tire Storage aformati"D Y Ha_ud Deak" $118,H v trn,- Ai l 0 Tlh lElaaaller H 5262.50 h, si Storage — yes Outside Storage —DO yes __ PO h NP YS EnvirommenW Coasenix-OL Law Pa. 5 60; &c_rag,- plan and Generd Lial0mv I ft I 't 0 $ 7 3. 7 5 On -;' i pa b.suraaee at least $50,000 bol El Flee Mar et fee arid moperty dam-ap - -,- ;au vir p , Y Lables $ 7835 01 VTbolessRe Junk Y)f,�ailer $2 6 2 0,'8.Y 11,i an Clause Hae 1 -25 tables $155.00 s Cr Bffalo, Offfice of Licensas a C iy of uf +26 tables $210-00 Room 301, Buffalo N. 14202 3, s�nesS Phone (20i) ct Name g�ot T e Business Fxc Less Name (dba) KCLSII ac, Mal,lingAddyess NYS Tax ID # E-MaH Owner(s)/PliRciPal Pfft .1 me P- !one -tay- ' Apph- --.a3qt (last _R-sQ Akh Home Addres Place of B CL1 Date of bi-Ab Co-Applicant (last, M'st) Home Address: (PO Box not accePT&Oie) T Date of birffi 'A"Lace O i 3,:i D escri 'be your specific, blisiLcss Home Phone IM S e'ewe e th d and s-.wornto b -a e 0 P' s % ay of Commissioner of Dee Rr the, City of Buffalo, New Yonk i :» t.1- ZOIZACK N ry b 1 j:-, State of New York -, d in Erie County R Rog, OIZO6298127 h "O 1 0, 2018 ar c;. ligation to provi ely nge in required :1T,7are of - i_`t �e ob 1 j r- j etime noficeofanycha briorniall 'o Ew ja ve inf or-Pned all ers managers, or other principals of their 1 ity f -e timely I If e of s d fu 111m nt restriction an vic rosponsibi' orth conditions to Iffit HCOI-Ise or timely ECbeiemcnt of any nuisance activity at or associated V 'tL n tn�i15 ?mow 3, an authorizz"I , o f t:h rLS e evifty ideat fied above. I certify the information on this complete Bald curr to the best of my knowledge and belief ?Tiffllk Na""', I E Date Second Land Dealer — 1344 East Delavan (Univ)(DPIS) Mr. Smith :moved; That the above item be, and the above communication from the Commissioner of the Department of Permit and Inspection Services,; dated March 31, 2015, be received and filed, and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Javed Akhtar d /b /a Kash Time LLC located at 1344 East Delavan is hereby approved. PASSED C:\ UsemUmcinsldWppDataU.ocal\Micros ft \Nindotks\Temporary Internet Filer \Content.Omlook\OX32QVW6 \Second Hand Dealer 1344 Fast DelavanAm J\, it Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second hand Realer License located at 125 Elmwood Ave and find that as to form is correct. I will cause an investigation into the premises for which said application for a second hand dealer license is being sought and no License will be obtained until: reports from the Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Grace & Hulan Lyons The attached thereto for Grace & Hulan Lyons d /b /a/ Lavender & Sage Sundries. This request is submitted for your approval or whatever action you deem appropriate. Tyne Department Head Name: Type Title: Signature of Department Head: JC:PS:jd JADES C *A 1 RFORD COISIONER r $f . V .d/ - � Direct Permit &Inspection Services \«o CITY OF BUFFA Q Scrap Processor Corporation Name Business Name (dba) 65 Niagara Sq. City Hall doom 301 Buffalo, NY 14202 Phone (715) 8514078 Fax (716) 851®4952 All information on this form is public record BUSINESS LICENSE APPLICATION ` 1 - I fee fee $262.50 0 Tire Handler I $118.00 'Tire Storage Information 10 41000 tires Inside Storage yes no $118.00 ® Tire Handler II $262.50 Outside Storage yes no Include NYS Environmental Conservation Law Part 360; Storage plan and Ge $ 78.75 Insurance at least $50,000 bath for personal 0 Flee Market fee injury and property damage, must contain 10 1 -10 tables $ 78.75 $262.50 day cancellation clause with the certificate 11 -25 tables $155.00 holder as City of Buffalo, Office of Licenses +26 tables $210.00 Room 301, Buffalo NY 14202 Business Address (no Po Box) Mailing Address (if different) NYS 'Tax ID # A N Business Website Business Phone { ) Business Fax { } fn Y\ ,r l Lj ac E -Mail Owner Principal Partners , / / 0n a I l .Applicant {last, first} �t l ' � ? 5 Home Phone Home Addres • . O B acceptable) ' t q Bate of birth 1� , 'i�� Place of Birth Co- Applicant (last, first) Home Address: (PO Box not acceptable) Bate of birth Place of Birth Subs 'bed and swo to bef r we this` da o 20 C si o Deeds in and fo City of Buffalo, New York ?`Tome Phone I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. DELAWARE DISTRICT ® Michael J. LoCurto 1405 City Hall ELLICOTT DISTRICT - Darius G. r en 1315 City Hall DISTRICT FILLMORE - David A. Franczyk City Hall LOVEJOY DISTRICT - Richard A. Fontana 1316-A all MASTEN DISTRICT - Demone A. Smith 1414 t all DISTRICT NIAGARA - David A. Rivera 1504 City Hall DISTRICT NORTH - Joseph Golombek Jr. 1502 City Hall UNIVERSITY SOUTH DISTRICT - - Christopher P. 1401 City �� q j iii j ��� g ll � 00,461,119.1 1 11FAME 1 1 IN l R 1 fiFff'r NAV OL-10 Bi� PAG E: 1 Second Hand Dealer -125 Elmwood Avenue (Fill)(DPIS) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permit and Inspection Services, dated March 31, 2015, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection iServices be, and he hereby is authorized to grant. a Second Eland Dealer License to Grace and Plulan Lyons d/b /a Lavender & Sage Sundries located at 125 Elmwood Avenue is hereby approved, PASSED C:\ UsemVmcinsld \AppDataUkcal\Microwft \W indosys \Temporan• Internet Files \Conten[Oudook \OX32QV W6 \Second Hand Dexter 125 El— ood.d— *AYE* NO F ON T ANA MARCZYK r m * rJoLoNow r � LOCURT . R _ _ * . -SCAN [MAJ- 51 9*0 [213 - [3I ® 7] �t April 14, 2015 - A Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) Rff C-N120kv, Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) EXEMPT (Enter Starting Salary) Starting Salary of $60,888 LAST JOB TITLE Director of Personnel NAME Douglas Fabian LAST DEPARTMENT HR DATE ADDRESS 11 Berkley PI LAST SALARY $60,888 CITY & ZIP Buffalo 14209 LAST 4 DIGITS OF SSN. XXX-XX-5190 1 i � W= 074 - P71-ITZTI M3 , M, NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. BUDGET ORG. CODE 12557001 TITLE CODE NO 1320 BUDGET ACCT. OBJ. 41101 PROJ. ID PERSONNELREQ.NO 2014-190 SALARY RANGE OF POSITION $60,888 PER YEAR DAY HOUR YEAR W - 117 k il greA ! Gladys G. Herndon-Hill Commissioner of Human Resources April 2, 2015 PROM THE ZONING BOARD OF APPEAL April 14, 2015 Very truly yours, 1 /2 James A. Lewis 111, Chairman ZONING BOARD OF APPEALS RECEIVED AND FILED -C- 1 1,11 M VN77 3 7�� - NEW YORK BYRON W. BROWN MAYOR Therefore, unless you file any req - uired plans and pay the balance owed on the ,vermit application prior to 9118/15, an extension can be requested or the Board's -. will expire and a new application will have to be made. 'James A. Lewis III, Chairman ZONING BOARD OF APPEALS MICHAEL J. LoCURTO DELAWARE DISTRICT COUNCIL MEMBER A-2 IAGARA SQUARE, 1405 CITY HALL BUFFALO, NY 14202-3318 PHONE: (716) 851-5155 � FAX: (716) 851-4553 E-mail: mlocurto@city-buffalo.com jCHIEF OF STAFF ALYSSA K. WEISS LEGISLATIVE ASSISTANT SARAH BISHOP Zoning Board of Appeals 901 City Hall 65 Niagara Square Buffalo, NY 14202 R_M.M] I UT��077 NEW YORK Josh Hanzlian 490 Rhode Island F-Aakt A, -W IF "I wmilal - The Zoning Board of Appeals t a its meeting of 3/18115 approved ©o petition for t variance to allow "Live Music" in a restaurant without dancing at premises 492 RHODE ISLAND. AS A RESULT OF THIS FAVORABLE ACTION BY HER ARD, YOU MUST AOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -41 AND PAY ANY FEES THAT ARE REQUIRED. Therefore, unless you file any required plans and pay the balance owed on the �yermit application prior to 9/18/15, an extension can be requested or the Board's 7pproval will expire and a new application will have to be made. Very truly yours, j6mes A. Lewis 111, Chairman ZONING BOARD OF APPEALS o CITY OF BUFFALO NEW YORK Karl Frizien 257 Lafayette Ave. Buffalo, New York 14213 RE: 500 PARKER APPLICATION #218992 The Zoning Board of Appeals at its meeting of 3/18/15 approved your petition for a variance to convert and use the former St. Rose of Lima School to 20 market-rate apartment lofts with parking at premises 500 PARKER. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4111 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 9/18/15, an extension can be requested or the Board's approval will expire and a new application will have to be made. The Zoning Board of Appeals at Its meeting of 3/18115 approved your petition for a variance to convert and use the former St. Teresa School to 35 market-rate apartment lofts with parking at premises 17 MINERAL SPRING$. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851-4111 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless; before the expiration • said permit the applicant files the revised • final plans with the Commissioner of Inspections and Licenses in accordance with said decision," Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 9/18/15, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, F. Ytimes A. Lewis III, Chairman ZONING BOARD OF APPEALS Romp U=kF ;Mffi NEW YORK Kathy Kinan 289 Lexington Ave. Buffalo, New York 14222 1`0 f �, 11 The Zoning Board of Appeals at its meeting of 3/18/15 approved your petition f0t a variance to convert and use a 1 0-unit apartment complex with I st floor retail space at premises 451 VERMONT. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -41 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a �teri*jfl of V said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 9/18/15, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, A 16 Jwmes A. Lewis III, Chairman ZONING BOARD OF APPEALS A r-wggk�;�Xpw, NEW YORK Kyle Skritchfield P.O. Box 281 ` The Zoning Board of Appeals at its meeting of 3/18/15 approved your petition for a variance to install and use a two full use "LED accessory signs to a two-story factory building at premises 42 BRECKENRIDGE. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 85141 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on ffit permit application prior to 9/18/15, an extension can be requested or the Board's pire and a new application will have to be made. v will ex MN � NEW YORK Jesus Santiago 53 Condon RE' 976 WEST BYRON W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 3/18/16 approved your petition for a variance tore-establish a non-conforming Use as a tire shop in a residential district at premises 975 WEST. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, M S NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 861-4111 AND PAY ANY FEES THAT ARE REQUIRED. I Section 511-1 17(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 9/18/15, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, A6---(,F- --); - J'ames A. Lewis III, Chairman rkojfl f Ul I Niagara District Conditions on Non- Conforming Use Consideration by City of Buffalo Zoning Board of Appeals Re: 975 West Avenue "iota? Mufflers & Tires" 1. No outside storage of any objects, including but not limited to cars, tires, waste materials, auto parts, etc. All items must be stored inside the building outside of the hours of operation. 2. Hours of Operation are limited to Monday - Friday 9 -5pm', 3. Remove asphalt near curb and install curbs (between sidewalk and property) and landscaping to limit space for cars to enter /exit property. 4. All business related work will be done inside the building, no repairs or work related to the business for customers can be done on the outside portion of the property. 5. Proper permitting & licensing must be received before any work can begin. 6. No sidewalk signs or banners. 7. No sub - leasing of space. B. Conditions are tied to property and remain with the property through any transferring or sale of the property. As the business owner, I agree to all the above conditions and will act appropriately to ensure my business fits the character and nature of a residential neighborhood. 74 N, -W March 19, 2015 RE: 31 VANDALIA APPLICATION: #219713 The Zoning Board of Appeals at its meeting of 3/18/15 approved your petition r a variance to erect a one family dwelling in an industrial district at premises 31 VANDALIA. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851-4111 AND PAY ANY FEES THAT ARE REQUIRED. Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 9/18/15, an extension can be requested or the Board's approval will expire and a new application will have to be made. Vames A. Lewis III, Chairman ZONING BOARD OF APPEALS CITY OF BUFFALO NEW YORK David DeBoy 443 Delaware Ave. Buffalo, New York 14202 '412 W ZJIFE; Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 9/18/15, an extension can be requested or the Board's approval will expire and a new application will have to be made. 4ames A. Lewis 111, Chairman ZONING BOARD OF APPEALS CITY OF BUFFAL NEW YORK Bart Adams 16 Faahs Drive. *rct -.nO P2r�, New York 141 FITIUK �T- y The Zoning Board of Appeals at its meeting of 3/18/15 approved your petition for a variance toWter and use a distribution warehouse with offices to include two apartments at premises 1825 SENECA. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 861 -41 AND PAY ANY FEES THAT ARE REQUIRED. W N "I 11IN-WN perioa oT six to) monins Trot i i Me itaLe I 5M IMUMUSWI 1 1111 c*aid permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 9/18/15, an extension can be requested or the Board 'S approval will expire and a new application will have to be made. Very truly yours, 5 �/' ' am�es A. Lewis III, Chairman ZONING BOARD OF APPEALS NEW YORK 65 Niagara Square, 901 Phone: (716) 851- A Jeri Wright 2140 Eggert Road Amherst, New York 14226 01 �7, • The Zoning Board of Appeals at its meeting of 3/18/15 approved your petition for a variance to'convert a restaurant into a daycar- f -. I AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 861 -41 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 9/18/15, an extension can be requested • the Board's 2pproval will expire and a new application will have to be made. M • James A. Lewis I11, Chairman ZONING BOARD OF APPEALS RE: 2649 BAILEY APPLICATION: #219390 Dear Mr, Shafie: The Zoning Board of Appeals at its meeting of 3/18/15 approved your petition for a variance to install and use an illuminated sign to the front and move an existing sign to the side of the store at premises 2649 BAILEY. AS A RESULT OF THIS FAVORABLE ACTION BY TH BOARD, Y U MU NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 861-4111 AND PAY ANY FEES THAT ARE REQUIRED. Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 9/18/15, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, James A. Lewis III, Chairman ZONING BOARD OF APPEALS March 19, 2015 The Zoning Board of Appeals at its meeting of 3/18/16 approved your petition for a variance to convert and use the Church and Rectory as an events center at premises 2315 SENECA. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD ' YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 8614111 AND PAY ANY FEES THAT ARE REQUIRED. perioa oT six ko) inuffffiGIT4411 tile IM04-1 5WI—It bw-- eTfreFur i said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 9/18/15, an extension can be requested or the Board's approval will expire and a new application will have to be made. Very truly yours, 4ames A. Lewis III, Chairman ZONING BOARD OF APPEALS FROM THE CITY CLERK April 14, 2015 Restricted Use Permit — 69 W. Chippewa (Ell) (City Clk) Mr. Smith moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo be received and fled, and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on April 23, 2015 is hereby approved. PASSED C:\Uwm\lmcinsld\AppDataxLocaiMcrosoft\WindoivsNTemporary in(emet Files\ Content :0ulloak\OX32QVlV6\Restricted Use P—ut 69 W Chippetsa 443 -15 eventdocx � ® k /\ * /U* . . . <. \\ ƒd\\ANA « - + 4 \ \\ d \ \ ao-L ffl ƒO/ \RƒU� \. LRIDGIW . S C MOM . . . s rfH .\ A : A . . [M \5] } ;C) / . [213 - &] # ■ \ . \ [3 - 7 ) . t ['10-4. Ur J City Clerk Item Returned to City Clerk by Mayor Without Approval or Disapproval I hereby inform you that the following Item which was passed by the Common Council on March 17, 2015 No. 568 Club 49'er Annual Easter Egg Hunt-Waive Fees No. 570 Waive Permit Fees-Olmsted School Foundation's Walk No. 572 Waiver of Permit Fees for Child Abuse Awareness Rally No. 575 Waiver of Fees for Taste of Diversity No. 582 Waive Special Event Fees/Permit Fees for Two-Day University United Festival Was presented to the Mayor on March 20, 2015, and returned to the City Clerk on April 1, 2015 without approval or disapproval Respectfully submitted, Gerald A. Chwalinski City Clerk RECEIVED AI D FILED II 1 1 HON. BYRON W. BROWN MAYOR OF BUFFALO 12 �,_ ifill Club 49'er Annual Easter Egg Hunt® Waive Fees PASSED March 17, 2015 City Clerk U RESOLUTION By: Mr. Golombek Date: March 17,2015 Re: Club 49 e Annual Easter Egg Hunt ®- Waive Fees Whereas: The Club 49'ers are a social group that meets in the Riverside section of the City of Buffalo and Whereas: Since their founding, the Club 49'ers have had a commitment to community service; and Whereas: The Club 49'ers have conducted an annual Easter Egg Hunt for the children and families of the Riverside and Black Rock communities for many years; and Whereas: This year the annual Club 49'ers Easter Egg Hunt will take place on Saturday, April 4, 2015 in Riverside Park; and Whereas: The annual Easter Egg Hunt is a free event and all activities are free for the community; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo does hereby approve waiving all fees associated with the Club 49'ers annual Easter Egg Hunt for Saturday, April 4, 2015, at Riverside Park; and Be it Further Resolved: That copies of this resolution be sent to the Department of Public Works Parks & Streets and the Corporation Counsel. Jo ph dof'oinbek, Jr. U �1 ® k YE *k O . \0NƒANA \ \ F /C.Z \ 2 . O K \ ` ■ * , O ■ , a . ƒ OY \\ * * . . � RIVERA ... . .. aC \ ? N.. . . � Nm ® f * YATr � } . [^ .5 . . . [2/3 -.§] [ - 7 ] . . PASSED March 17, 2015 Waive Permit Fees- Olmsted School Foundation's Walk rfm7fiff"W-4 City Clerk Be It Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation and the Department of Special Events. MICHAELL Delaware District Councilmember * AYE * N O ON\ANA \\ ® * F / NCZ . ° . .. .� . :� � . \ GOLOMEK \ ■* * .\ OCU TO\ ° . » < \DG . * * \ ■ .ƒ * - }C \ Ok � » � \ \ §«\ <��� * < * ■ \ YAT * * * ' . [ -5] [2/3 - 61 . ¥ ■ * . [314 - 71 . HON. BYRON W. BROWN MAYOR OF BUFFALO Waiver of Permit Fees for Child Abuse Awareness Rally V-77ETTINAWSMIM, City Clerk I Whereas: The family of Jay-J Bolvin has formed the organization, United Against Child Abuse as a result of the abuse Jay-J suffered. Due to the short sentence Jay'J's abuser faced, Jay-J's law has been passed to address repeat child abuse offenders; and Whereas: United Against Child Abuse will be holding a rally on April 24, 2015 in Niagara Square to raise awareness about child abuse; and Now, Therefore, Be It Resolved. That the Common Council wishes United Against Child Abuse much success in spreading awareness and educating the citizens of The City of Buffalo about child abuse and Jay-Js law; and Ellicott District Council Member City of Buffalo, Common Council President 'AYE* NO p �' NTAN 4. FRANCZ - GOLONM E K O TO m P RIDGEN r w � � RIVERA 4 ** yy - L �[ fY T T T [ - yjq j(/yy [2/3 m y � N y T z [314 - 7] Waiver of Fees for Taste of Diversity ro M-TWOMMI City Clerk 7, -1 >` Resolution Sponsored by: David A. Rivera, Niagara District Council Member Re: Waiver of Fees for Taste of Diversity sm rs, U'r f� i 4 'AYE* NO FONTANA F A MZ S T m T ¢ gp+�p b3VL K P LOC O s WY [ d 51 Q [ 2 /3 ®6 *(f / e 7] Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. ON= PASSED March 17, 2015 Waiver of Special Event Fees/Permit Fees for Two- Day University United Festival City Clerk Ma, 1@690 f oil 11 } By: Rasheed N.C. Wyatt University District Councilmember Re: Waive Special Event Fees/ Permit Fees for Two® Day University United Festival June 27, 2015 and June 28, 2015 on Bailey Ave in the University District Date: Tuesday, March 10, 2015 Whereas: Pen shall assume complete responsibility for conducting the festival in compliance with all o e Lit r t �rgWivrcs-ftariouscitg d - a ments includine Police.._Lir-Q, Streel .?nd Sanitation, Transportation, and Public Works; Whereas: Permission is hereby granted for the above under such terms and conditions so as to protect the interest of the City of Buffalo, as set forth by the Special Events Committee; That the Common Council approves waiving all permit fees associated with this event; and 'AYE* N10 9QLONM T O TV y � T ERED T m T T SCANL , y i A @ q =S [ m1* [2/3 m 6] [3/4 e 71 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851-4845 Item Returned to City Clerk by Mayor Without Approval or Disapproval I hereby inform you that the following Item which was passed by the Common Council on March 31, 2015 No. 677 Waive Special Event and Tent Permit Fees for the 7 th Annual BB Q and Blues Bash No. 678 Waive Fees For Family Fishing Day Was presented to the Mayor on April 2, 2015, and returned to the City Clerk on April 7, 2015 without approval or disapproval N®® 677 PASSED March 31, 2415 Waive Special Event and Tent Permit Fees f` ©r the 7' Annual BBQ and Blues Bash If =-, 1#7 WA'W$U'WFJM3!- ,T City Clerk MAYOR MIT11 -=� �OM91114-EMOKEM =1 That the Common Council hereby requests that the Special Event and Tent Permit fee be waive for the June 19, 2015 " "BB Q and Blues Bash" located on Illinois Street ; and That a copy of this Resolution be sent to the Department of Special Events, Fir.- Prevention and the Department of Public Works, Parks and Streets. David A. Franczyk Fillmore District Council Member Fit. , N1 1=�� \K f \ U * . \ \ fON \ANAL � C \YI / `* 9QL - O N MEK O /\O\ \ * � * RRI DO EN s \C Nt -ON > M�\.\ ¥ \ + § ' . [ -5] [ 21) - 6 ] [3/4 - 71 : : ,, Waive Fees For Family Fishing Day City Clerk By® Mr. Golombek Date: March 31, 2105 Re: Waive Tote Fees for Family Fishing Day Whereas: Family Fishing Day started out in 2008 as a way to teach kids about fishing; and Whereas: Sponsored by the Buffalo United Front, Family Fishing Day has grown from the 50 Whereas: The Buffalo United Front has requested waiver of the fee for 15 garbage totes from the City of Buffalo; Now, Therefore Be It Resolved: That the Common Council hereby directs the Department Public Works, Parks and Street to waive all tote fees for Family Fishing Day at Broderick Park on June 27 and 28,2015;and , r0jammill�- That the City Clerk is directed to send certified copies of this resolution to the Department of Public Works, Parks and Streets and to the Buffalo United Front. Joseph Golombek, Jr. V � n; .. \� ^ A y / *#O* \ \� \ \ ƒONTANA . \\CZ \\LOMB kk� \ >\ 3 \ LO \ O \ ® * * } . ^ \ f \ \ \O /, \ * * * } . § \ RTV � 2C \ tON � . ` »�: ^ k���� � * ■� + . . ( � \ . �� ( �* �■ � } ^ `5] ° ƒ [21] - 6 ] . [3/4 - 7] . } 0074 No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 512 Pearl St Road Less traveled Prod Scott Behrend 3268 main St Sato Ramer Joshua Smith 1116 Elmwood India Gate Restaurant Manuit Bath 88 W. Chippewa Vocal Kitchen & Beer Justin Anderson 1343 Jefferson Ave The Old Arthurs Pub 'Thomas Flucker Applicant/Licensee Information MAN- 14�4i JjEFFiRSON AVE INC For New applicants, provide description below using all information known to date. For Alteration applicants, attach complete description and .jam proposed alteration(s). For Current Licensees, set forth approved Method of Operation only. Do Not Use This Form to Change Your Method of Operation. E] Beer only [] Wine & Beer Only Liquor, Wine Beer 1, Tavern/Cocktail Lounge/Adult Venue/Bar 1 it Restaurant (Sale of food primarily, Full 13. Extent of F o Se * food menu, Kitchen run by chef) sales primarily; Meets legal minimum foot iwwwwwm , availability requirements 14. Type of Establishment ("X" all that apply) Recorded Music n Live Music E] Disc Jockey N Juke Box E] Karaoke Bar [:] Stage Shows E] Patron Dancing (small scale) n Cabaret, Night Club (Large Scale Dance Club) [] Catering Facility Capacity of 600 or more patrons [] Topless Entertainnent E] Restaurant F] Ho IM ("X" all that apply) OM A 49 Votice to a rIUMV35".41. kate Liquor Authority P ; # "_ 2 1f. of FQLM_1 M Is the premises located with 500 feet of three or more on-premises liquor establishments? 11 Yes 4 MQ 19. Will the license holder or a manger be physically present within the establishment during all hours of operation7 H Yes EJ No 20. Does the applicant or licensee own the building in which the establishment is located? ("X" One) E] Yes (if Yes SVJP 21-24) X No A X , 7p - 7 7 7 V 7 Establish Identifled In this Notice 111W 1100 i 1 11 N may result in disapproval of the application or revocation of the license. By my signature, I affirm - under Penalty of Perjury ® that the representations made in this form are true. 30. Printed Name. Title Signature- X M WWROXIOUIN JIMMIE LARKE Fly . A-MITSIXIIAMIN 716-553-0255 If such waiver is granted, please fax, e-mail or forward it to: Robert Heil Liquor License Consultant FAX: 866-910-5025 E-MAIL: myteambob@gmail.com l i plif i llillilil I 4. License Serial Number, if not a New Application: E:��� Expiration Date, if not a New Application:E== 5. Appl icant 6. Trade , Stree Address o. E^.b.^...`..^ – C T own ~ V ^ ' om» /9/ Code 9. Business Telephone Number ofAppkont/Lkansee lO. Business Fax Number ofAppicant/Licensee ll. Business E-mail ofApdioant/Lkenseo � For New applicants, provide description below using all information known to date. For Current Licensees, set forth approved Method of Operation only. Do Not Use This Form to Change Your Method of Operation. l2.Type(s)of Alcoho sold or tobesold: ("X" One) Tavern/Cocktail l3. ��n nfF�d5em��[X. Restaurant (Sale ���|s�hmah�Lvmgrmn o�nueu�m�� One –|��fvodmen�Kbchenmnbyche� �~ Meets legal minimum food availability requirements ������������Di����]�B���mo��r �� �--�— �� �� �� �� �� S Shows l4. Type cfEstablishment- [l Patron Dancing (small scale) 0 Cabaret, Night Club (Large Scale Dance Club) E� �[merinDFacUity ��Capacityof60Ourmorepatrons ��Top|eoEntertainmen� ��Restaurant ��(^X^aU�hatapp|y) �� ^~ �� �� Hotel E] Recreational Facility (Sports Facility/Vessel) [j Club (e.g. Golf Club/Fraternal Org.) F] Bed Breakfast Seasonal Establishment l5. Licensed Outdoor Area: ��None 0 Patio «rDeck [_1 Rooftop 0Ga«|e»/G«wnds E] Freestanding Covered �----' ("X" all that apply) Sidewalk Cafe n Other (specify): ME A opla -rev 11/13/2013 OFFICE USE ONLY State of New York Original 0 Amended Date 49 . Executive Department Standardized NOTICE FOR for Providing to Division of Alcoholic Beverage Control ��al 1�t9���i�alit� � r +��rnunit� yard State Liquor Authority (Page 2 of 2 of Form) 16. List the floor(s) of the building that the establishment is located on:` first; second & mezzanine 17. List the room number(s) the establishment is located in within the building, if appropriate: 18. Is the premises located with 500 feet of three or more on- premises liquor establishments? ® Yes No 19. Will the license holder or a manger be physically present within the establishment during all hours of operation? ® Yes [] No 20. Does the applicant or licensee own the building in which the establishment is located? ( "X" One) [] "Yes (If Yes SKIP 21-24) ® No Owner f' sei! �. 21. Building Owner's Full Name: JPearl Group LLC (Ellicott Development Co.) 22. Building Owner's Street Address: 1295 Main Street, Suite 210 25. Attorney's Full Name: 26. Attorney's Street Address: 27. City, Town or Village: State E== Zip Code :== 28. Business Telephone Number of Attorney: 29. Business Email Address of Attorney: I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license, Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license, I understand that representations made in this form will also be relied upon, and that false representations may result in disapproval of the application or revocation of the license. By my signature, I affirm under Penalty of Perjury - that the representations made in this form are true. 30. Printed Name: Scott C. Behrend Title Executive /Artistic Director Signature: X . , ZZ Ro ad less Traveled PRODUCTIONS Executive /Artistic Director April 2"d, 2015 Scott Behrend Managing Director Gina Gandolfo -Lopez Gerald Chwalinski LrterdryDirector City of Buffalo Jon Elston 1308 City Hall BDardof Dlrect0r5 Buffalo, NY 14202 Ellen Hassett Cahill - Chairman Sarah Tanbakuchi- Vice -Chair Dr. William Reynolds - Treasurer Dear Mr. Chwalinski; Brenda Weber- Miller- Secretary Monish Bhattacharyya Donna Hutchis Cicero please find enclosed, Road Less Traveled Productions' 30 -Day Advance Notice to apply for a Dr. Gary DiNezzo Robert Hairston wine and beer license for 512 Pearl Street, Buffalo NY 14202 (Forbes Theatre). Bernhard J. Huber Jennifer Koch Joan Rice Please contact me to confirm your receipt of this notice and if you have any questions. Hank Sokol Lamont Williams Thank you and have a wonderful day! NationalAdvisory Board Alec Baldwin ; Eric Bogosian Scott Ellis A.R. Gurney GiXandolf -L pez Stephen McKinley Henderson James Rebhorn(1948 -2024) Managing Director Road Less Traveled Productions MailinaAddress PO Box 54Z Buffalo, NY 14205 ph (716)903 - 9936 www. roadlesst rave led p rod uctions.0rg Road Less Traveled Theater 639 Main St, Buffalo, NY 14203 Box Office & Subscriber Line (716) 629 -3069 Website rocidlesstraveledprod uctions. org Twitter [@RLTPPLAYS Facebook Rood Less Traveled Productions Associate Member of No GRAND ISLAND, NY 14072 yj ESE= i Ill! illizill � I i Ill!! 1. Date Notice was Sent: (mm/dd/yyyy) 2. Select the type of Application that will be filed with the Authority for an On-Premises Alcoholic Beverage License Ej New Application E] Renewal 0 Alteration [—] Corporate Change This 30-Day Advance Notice is Being Provided to the Clerk of the following Local Municipality or Community Board 3. Name of Municipality or Community Board Rt1FFAL Applicant/Licensee Information GRAND ISLAND SERENE GARDENS LLC For New applicants, provide description below using all information known to date. F%:F eratilil5L_n y For Current Licensees, set forth approved Method of Operation only. Do Not Use This Form to Change Your Method of Operation. El Beer Only Z Wine Bee 14. Type of Establishment: ("X" all that apply) Restaurant (Sale of food primarily, Full Tavern/Cocktail Lounge/Adult Venue/Bar (Alcohol A. luou Menu; Kitchen run by chef) sales primarily; Meets legal minimum food availability requirements Recorded Music n Live Music [] Disc Jockey F1 Juke Box E] Karaoke Bar [:] Stage Shows El Patron Dancing (small scale) [ — ] Cabaret, Night Club (Large Scale Dance Club) Ej Catering Facility [] Recreational Facility (Sports Facility/Vessel) Ej" Club (eg. Golf Club/Fraternal org.) 0 Bed & Breakfast A . 15. Licensed Outdoor Area: ("X" all that apply) ZZ-1 18. Is the premises located with 500 feet of three or more on-premises liquor establishments? El Yes Z 1 1 111111 111 Will 1111 1111 illi�illi 11 gill 11111 20. Does the applicant or licensee own the building in which the establishment is located? ('T' One) C] Yes (if Yes SKIP 21-24) (K No Nicholas P. Amigone, Ill PARTNER P (716) 852-1300 F (716) 852-1344 namigone@amigonesanchez.com RE: India Gate Restaurant 1116 Elmwood Avenue, Buffalo, New York, Dear Sir/ Madam: On behalf of Bath Restaurant Corp. d/ b/ a India Gate Restaurant, located at 1116 Elmwood Avenue, Buffalo, New York, we provide you with the thirty (30) day statutory advanced notice of the licensee's application to modify its ABC license from Wine/ Beer to Liquor, Wine and Beer. Very truly yours, R NPA/cas Enclosure cc: Bath Restaurant Corp, d/ b/ a India Gate 1300 Main Place Tower 350 Main Street Buffalo, New York 14202 www.amigonesanchez.com re , 10/23/13 OFFICE USE ONLY 0 Original 0 Amended Date State of New York Standardized NOTICE F Executive Department Division of Alcoholic Beverage Control State Liquor Authority ApplicandWcenseeKnformation 4. License Serial Number, if not New Application: Expiration Date, if not New Application: E== I Applicant or Licensee Name 6, Trade Name (if any): 7. Street Address ofEstablishment: O. City, Town nrV1U ��� Zip , p Uocl e: 9. Business Telephone Number ofApplicant/Licensee 10. Business Fax Number ofAppUcant/Liceosee: 11. Buisness E-mail ofApp|icamt/Licensee: For New applicants, provide description below using all information known to date. For Alteration applicants, attach complete description and diagram of proposed alteration( For Current Licensees, set forth approved Method of Operation only. Do Not Use This Form to Change Your Method of Operation. 12, Type(s) of Alcohol sold orto be sold: ("X" One) F[]BeerOnly Elwine&BeerOnly X Liquor, Wine Beer 13. Extent of Food Service: ("X" One) 14. Typ Tavn�[oc�ai/Lounge/AdukVenue/Bar KUcoho| R����8a�of��phmah� ' �� F��aksphmahh��e�s��|minimum�o ��Fo||fuodmenu;K�chenmnbyche0 �� - availability requirements) Recorded Music [g Live Music [:] Disc Jockey 0 Juke Box E] Karaoke Bar [] Stage Shows Patron Dancing (small scale) E] Cabaret, Night Club (Large Scale Dance Club) E] Catering Facility E] Capacity of 600 or more patrons [:] Topless Entertainment [g Restaurant El Hotel Recreational Facility (Sports Facility/Vessel) E Club (e.g, Golf Club/Fraternal Org.) E] Bed & Breakfast L] Seasonal Establishment 15. Licensed Outdoor Area: N ' None E] Patio or Deck E] Rooftop E] Garden/Grounds [] Freestanding Covered Structure nj ::] Sidewalk Cafe [:] Other (specify): Page I 49 4. License Serial Number, if not New Application: Expiration Date, if not New Application: E== I Applicant or Licensee Name 6, Trade Name (if any): 7. Street Address ofEstablishment: O. City, Town nrV1U ��� Zip , p Uocl e: 9. Business Telephone Number ofApplicant/Licensee 10. Business Fax Number ofAppUcant/Liceosee: 11. Buisness E-mail ofApp|icamt/Licensee: For New applicants, provide description below using all information known to date. For Alteration applicants, attach complete description and diagram of proposed alteration( For Current Licensees, set forth approved Method of Operation only. Do Not Use This Form to Change Your Method of Operation. 12, Type(s) of Alcohol sold orto be sold: ("X" One) F[]BeerOnly Elwine&BeerOnly X Liquor, Wine Beer 13. Extent of Food Service: ("X" One) 14. Typ Tavn�[oc�ai/Lounge/AdukVenue/Bar KUcoho| R����8a�of��phmah� ' �� F��aksphmahh��e�s��|minimum�o ��Fo||fuodmenu;K�chenmnbyche0 �� - availability requirements) Recorded Music [g Live Music [:] Disc Jockey 0 Juke Box E] Karaoke Bar [] Stage Shows Patron Dancing (small scale) E] Cabaret, Night Club (Large Scale Dance Club) E] Catering Facility E] Capacity of 600 or more patrons [:] Topless Entertainment [g Restaurant El Hotel Recreational Facility (Sports Facility/Vessel) E Club (e.g, Golf Club/Fraternal Org.) E] Bed & Breakfast L] Seasonal Establishment 15. Licensed Outdoor Area: N ' None E] Patio or Deck E] Rooftop E] Garden/Grounds [] Freestanding Covered Structure nj ::] Sidewalk Cafe [:] Other (specify): Page I rev 10/23/13 OFFICE USE ONLY 49 0 Original 0 Amended Date State of New York Standardized - N O TICE FORM for Providing to a Executive Department Local unici all or Community Board Division of Alcoholic Beverage Control (Page 2 of 2 of Form) State Liquor Authority 16. List the floor(s) of the building that the establishment is located on: first 17. List the room number(s) the establishment is located in within the four building, if appropriate: 18. Is the premises located with 500 feet of three or more on- premises liquor establishments? [] Yes XX No 19. Will the license holder or a manger be physically present within the establishment during all hours of operation? ® Yes [] No 20. Does the applicant or licensee own the building in which the establishment is located? ( "V One) ❑ Yes (if Yes SKIP 21 -24) [g No Attorney Representing the Applicant in Connection with the Applicant's License Application doted as Above for the Establishment Identified in this Notice 29. Business Email Address of Attorney: namigone @amigonesanchez.com I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon, and that false representations may result in disapproval of the application or revocation of the license. By my signature, I affirm - under Penalty of perjury - that the representations made in this form are true. 30. Printed Name: MANJIT BATH Title President Signature: 49 Lice to a Applicant/Licensee Information 4. License Serial Number, if not New Application: =:=== Expiration Date, if not New Application: E= 5. Applicant or Licensee Name: G 14 vc - U�' jZ' 6. Trade Name if any): 1 4 i 7. Street Address of Establishment: For New applicants, provide description below using all information known to date. For Current Licensees, set forth approved Method of Operation only. Do Not Use This Form to Change Your Method of Operation. 12. Type(s) of Alcohol sold or to be sold: ("X" One) Ej Beer Only [-] Wine & Beer Only Liquor, Wine Bee7r 13. Extent of Food Service: ("X" One) 14. Type of Establishment: ("X" all that apply) Restaurant (Sale of food primarily; Tavern/Cocktail Lounge/Adult Venue/Bar (Alcohol Full food menu; Kitchen run by chef) 0 sales primarily, Meets legal minimum food availability requirements) 15. Licensed Outdoor Area: JE] None N] Patio or Deck E] Rooftop Garden/Grounds E] Freestanding Covered Structure ("X" all that apply) Sidewalk Cafe E] Other (specify): 02 -Providing 30-Dav Advanced _Notice to a (Page 2 of 2 of Form) 18. Is the premises located with 500 feet of three or more on-premises liquor establishments? M Yes ❑ No 19. Will the license holder or a manger be physically present within the establishment during all hours of operation? [R Yes [:] No 20. Does the applicant or licensee own the building in which the establishment is located? ("X" One) ❑ Yes (If Yes SKIP 21-24) E] No Establishment Identified in this Notice 49 -Providing 30-Dav Advanced _Notice to a (Page 2 of 2 of Form) 18. Is the premises located with 500 feet of three or more on-premises liquor establishments? M Yes ❑ No 19. Will the license holder or a manger be physically present within the establishment during all hours of operation? [R Yes [:] No 20. Does the applicant or licensee own the building in which the establishment is located? ("X" One) ❑ Yes (If Yes SKIP 21-24) E] No Establishment Identified in this Notice 0 0 7 "1 No. Leaves of Absence Without Pay I 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- 0 Assessment and Taxation- Public Works, Streets & Parks- Police Paul Delano . April Nicastro Fire- Corporation Counsel- Community Services- Economic Development & Permit and Inspection Services- Management Information Systems Administration, Finance & Urban Affairs- Civil Service Commission- �t DD/tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Comuussioner of Police SIGNATURE OF DEPARTMENT HEAD: P ®IZe (1012) ME EULANATIQN OF cc: ORIGINAL ® ADMINISTRATION AND FINANCE (PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE AO STRATTON PAYROLL o t fi [t7 TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police f NYC . SIGNATURE OF DEPARTMENT HEAD. — " &!% (10/12) � : \ \\ ..* "R#<! / t »t! yyt« CO NDITIONED UPON S ttu«y:§<EQU f � .i.. �� \ \ \\