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HomeMy WebLinkAbout16-0607 (2)CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO June 7, 2016 AT 2:00 P.M. Present — Darius G. Pridgen, President of the Council and Councilmembers: Feroleto, Fontana, Franczyk, Golombek, Jr, Rivera, Scanlon, Wingo, Sr, Wyatt - 9 Absent - None On a motion by Mr. Rivera, Seconded by Mr. Scanlon, the minutes of the stated meeting held on May 24, 2016 were approved. [MAJ - 5] [ 2/3 - 6] [3/4- 7] June 7, 2016 * A Y E* NO * * * * FEROLETO * / * * * 1* * FONTANA * V * * * FRANCZYK * / ** * * * * * GOLOMBEK * 1 * * * * * PRIDGEN * * -* . * * * RIVERA * * * * * SCANLON * * * * * WINGO * * * * 1* * WYATT * * * * * * * Felicitations/In Memoriam Attached hereto are In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitations for Freddie Jackson By all the Councilmembers In Memoriam for Larry Wroblewski By Councilmember Franczyk In Memoriam for Marlon Holt By Councilmember Franczyk In Memoriam for Frances Johnson By Councilmember Wyatt In Memoriam for John Chrosniak By Councilmember Fontana In Memoriam for Concetta Massio By Councilmember Fontana In Memoriam for Pastor Joe Butts, Prayer Tower COGIC By Rev. Warner In Memoriam for By Rev. Warner Pastor Daryl Largis, Executive Pastor The Chapel In Memoriam for All Service Men & Women and Civilians who gave their life fighting for the freedom of others By Councilmember Pridgen ADOPTED Whereas, Whereas, Whereas, Xbe eitp of buffalo rociamation Common Council music has the ability to unite a community and one individual who helps unite communities through music in The City of Buffalo is Freddie Jackson, a Grammy nominated singer; citizens of The City of Buffalo are honoring Freddie Jackson for his tireless and dedicated service at the University United Festival; after almost four decades in the music industry, Freddie Jackson is still upholding his popularity with diehard fans and promoters around the world with his most memorable music; and Whereas, The City of Buffalo appreciates the efforts of Freddie Jackson and recognizes his accomplishments, hard work, and his commitment to the community: Now, Therefore we members of The City of Buffalo Common Council proclaim June 12, 2016 to be "FREDDIE JACKSON DAY" in The City of Buffalo. IN WITNESS WHEREOF, we hereunto set our hands and cause the Seal of The City of Buffalo to be affixed. The Common Council adopted this proclamation and entered it into the official public record of The City of Buffalo Common Council on this day June 12, 2016. 1.4.44.1,1 Darius G. Pridge Council President ELLICOTT COUNCIL MEMBER David A. 'vera Majority Leader NIAGARA COUNCIL MENJAER oel P. Feroleto DE ARE COUNCIL MEMBER istop`frefr P. anion Council President Pro Tempore SOUTH COUNCIL MEMBER We- - Davi! A. Franczyk FILLMORE COUNCIL MEMBER Richard A. Fontana LOVEJOY COUNCIL MEMBER seph Golombek, Jr. NORTH COUNCIL MEMBER MASTEN. COUNCIL MEMBER Rasheed N.C. Wy UNIVERSITY COUNCIL MEMBER love 706 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1292 PASSED June 7, 2016 Proclaim Washington St From Clinton to Virginia as Washing St APPROVED JUN 1 5 2016 40 -it MAYOR Gerald A Chwalinski City Clerk 01 292 • City of Buffalo Executive Chamber Proclamation WHEREAS, The City of Buffalo has an extraordinary literary history and legacy, is home to one of the country's top literay centers, and has an active literary community; and WHEREAS, Along with both Mark Twain and F. Scott Fitzgerald having lived in Buffalo, this city has been home to many historically significant poets, novelists, and playwrights including Robert Creeley, Lucille Clifton, Ishmael Reed, Charles Olson, Emanuel Fried, Susan Howe, Charles Bernstein and Carl Dennis; and WHEREAS, In addition to being the home of preeminent writers, Buffalo has numerous literary events, educational programs, presses, archives, rare books and independent bookstores; and WHEREAS, The literary arts are an important vehicle to contribute toward efforts to rebuild the central part of the city, attract visitors, and further develop heritage and cultural assets; and WHEREAS, Washington Street has developed into a major hub of vibrant literary activity where residents and visitors to Buffalo can access, many resources that are a part of our literary scene; and WHEREAS, The City of Buffalo wishes to assist with the goal of bringing the literary arts into full visibility, alongside the region's other first-rate cultural institutions and arts disciplines, in order to foster the region's economic development and promote Buffalo's continued legacy as a world class literary city; and WHEREAS, The designation of a literary corridor would create a highly visible identity for a core area which contains central literary assets such as Just Buffalo Literary Center, Plur•al•ity Press, the Western New York Book Arts Center and the Buffalo and Erie County Public Library. NOW, THEREFORE, BE IT RESOLVED THAT I, BYRON W. BROWN, Mayor of the City of Buffalo, do hereby proclaim Washington Street, from Clinton Street to Virginia Street as the Washington Street Literary Corridor in the City of Buffalo, and encourage all citizens to participate in the vibrant literary scene. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Buffalo to be affixed this 7th .day of June, 2016 MAYOR City of Buffalo Executive Chamber Proclamation WHEREAS, The City of Buffalo has an extraordinary literary history and legacy, is home to one of the country's top literary centers, and has an active literary community; and WHEREAS, Along with both Mark Twain and F. Scott Fitzgerald having lived in Buffalo, this city has been home to many historically significant poets, novelists, and playwrights including Robert Creeley, Lucille Clifton, Ishmael Reed, Charles Olson, Emanuel Fried, Susan Howe, Charles Bernstein and Carl Dennis; and WHEREAS, In addition to being the home of preeminent writers, Buffalo has numerous literary events, educational programs, presses, archives, rare books and independent bookstores; and WHEREAS, The literary arts are an important vehicle to contribute toward efforts to rebuild the central part of the city, attract visitors, and further develop heritage and cultural assets; and WHEREAS, Washington Street has developed into a major hub of vibrant literary activity where residents and visitors to Buffalo can access . many resources that are a part of our literary scene; and WHEREAS, The City of Buffalo wishes to assist with the goal of bringing the literary arts into full visibility, alongside the region's other first-rate cultural institutions and arts disciplines, in order to foster the region's economic development and promote Buffalo's continued legacy as a world class literary city; and WHEREAS, The designation of a literary corridor would create a highly visible identity for a core area which contains central literary assets such as Just Buffalo Literary Center, Plur•al•ity Press, the Western New York Book Arts Center and the Buffalo and Erie County Public Library. NOW, THEREFORE, BE IT RESOLVED THAT I, BYRON W. BROWN, Mayor of the City of Buffalo, do hereby proclaim Washington Street, from Clinton Street to Virginia Street as the Washington Street Literary Corridor in the City of Buffalo, and encourage all citizens to participate in the vibrant literary scene. Proclaim Washington Street from Clinton to Virginia as Washington Street Literacy Corridor Mr. Rivera moved: That the above item be, and the above communication from the Office of Mayor, dated June 7, 2016, be received and filed; That the Common Council hereby approves the Proclamation from the Office of the Mayor proclaiming Washington Street from Clinton to Virginia Street as the Washington Street Literary Corridor. PASSED AYES 9, NOES 0 CAUserAtrucinski \AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content.Outiook\OX32QVW6Trociamation-Washington Street Literacy Corridor.docx et. * AYE* NO * FEROLETO * * * _ * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * _ * * * PRIDGEN * * * _ * * * RIVERA * * * * * * SCANLON * ** * * * WINGO * ** * * * WYATT * ** * * * [ ]* _ * _ * [ MAJ - 5]* 9 * 0 * [2/3 - 6] * * * [3/4 - 7] ������ ���u� SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 08/06B2016 FROM: DEPARTMENT: Mayor SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) [:Local 264 Contrac [: I am please to file with the Common Council, an agreement between the City of Buffalo and Local284(AFL-C|[).This is an eight year agreementhat runs from July 1.2011through June 3U.2U1Q.Kprovides 2%annual increases from July 1. 2011 through July 1, 2017 and a 3% increase in the final year effective July 1, 2018. The increase over the eight years is an average of 2.13% annually. It covers over 630 allocated positions throughout the City General Fund, the Water and Refuse Enterprise Funds New employees will contribute $172/year for single and for family health care coverage until they reach their top salary stepwhereupon they will contribute 10% of the annual premium. Employees hired after ratification will not receive health insurance coverage in retirement. This agreement provides an additional $140/year on benchmark longevity payments; an additional $0.55/hour increase for shift differential and one time upgrades of $1,500 for Motor Equipment Mechanics and Motor Mechanic Supervisors. This agreement was approved by the Buffalo FiscaStability Authority onJumoG'2O1G. SIGNATURE 61,43\4/11,DEPAR MEI1T HEAD TITLE: Mayor REFERRED TO THE COMMITTEE ON FINANCE. ( ti Collective Bargaining Negotiations. City of Buffalo - and the - American Federation of State, County, and Municipal Employees Local 264 (AFL-CIO) City Package Proposal January 25, 2016 The City of Buffalo ("City") Makes the following package proposal for a complete settlement of all unresolved issues to constitute a new collective bargaining agreement between the City and the American Federation of State, County, and Municipal Employees (AFL-CIO) ("Union"). This 'package must be accepted in its entirety or rejected in its entirety. In the event that this package ts not accepted in its entirety, then this proposal shall be deemed to be withdrawn in its entirety and the City shall revert back to its former position on all outstanding bargaining issues. 1. Duration July 1, 2011 through June 30, 2019. 2. ARTICLE IV Salary and Adjustments 7/1/11 — 2% Effective July 1, 2p11, the City agrees to pay all of the annual employees represented by the Uriion the rate of compensation as determined by the wage schedule annexed hereto and marked as Schedule (A). Schedule A represents a salary increase of two (2%) percent. 7/1/12 — -2% Effective July 1, 2012, the City agrees to pay all of the annual employees represented by the Union the rate of compensation as determined by the wage schedule annexed hereto and marked as Schedule (B). Schedule B represents a salary increase of two (2%) percent. 7/1/13 — 2% Effective July 1, 2013, the City agrees to pay all of the annual employees represented by the Union the rate of compensation as determined by the wage schedule annexed hereto and marked as Schedule (C). Schedule C represents a salary increase of two (2%) percent. 7/1/14 — 2% Effective July 1, 2014, the City agrees to pay all of the annual employees represented by the Union the rate of compensation as determined by the wage schedule annexed hereto and marked as Schedule (D). Schedule D represents a salary increase of two (2%) percent. 7/1/15 — 2% Effective July 1, 2015, the City agrees to pay all of the annual employees represented by the Union the rate of compensation as determined by the wage schedule annexed hereto and marked as Schedule (E). Schedule E represents a salary increase of two (2%) percent. 7/1/16 — 2% Effective July 1, 2016, the City agrees to pay all of the annual employees represented by the Union the rate of compensation as determined by the wage schedule annexed hereto and marked as Schedule (F). Schedule F represents a salary increase of two (2%) percent. 7/1/17 — 2% Effective July 1, 2017, the City agrees to pay all of the annual employees represented by the Union the rate of compensation as determined by the wage schedule annexed hereto and marked as Schedule (G). Schedule G represents a salary increase of two (2%) percent. 7/1/18 — 3% Effective July 1, 2018, the City agrees to pay all of the annual employees represented by the Union the rate of compensation as determined by the wage schedule annexed hereto and marked as Schedule (H). Schedule H represents a salary increase of three (3%) percent. 3. Modify Salary Schedule Paragraph (L) Effective July 1, 2016, all employees hired after 12/31/2008 reach top grade in seven steps. First year and second year 65% of top grade, third year 70% of top grade, fourth year 75% of top grade, fifth year 80% of top grade, sixth year 90% of top grade and thereafter 100% of top grade. 4. Upgrades Effective July 1, 2016, Motor Equipment Mechanics and Motor Mechanic Supervisors shall receive a $1500 salary upgrade. 2 5. Hours of Work 4.2 paragraph (a): The parties agree to add one position under provision 4.2 paragraph (a) as follows: The parties agree that the title Parking. Enforcement Officer shall be included in the Fle), Schedule provision. The parties agree that the Parking Department shall limit the new schedule to one opening, which shall be available when the Parking Department hires a new employee in the Parking Enforcement title. 4.2 paragraph (k): The City reserves the right to implement a timekeeping system. Members shall be required to use the system for signing in and out of work, lunch breaks, and any other current situation requiring signing in and/or out. 6. Shift Differential The parties agree to modify 4.4 under Article IV as follows: Effective July 1, 2016, in addition to the established wage rates, the City shall pay a night shift differential of fifty-five (.55) cents per hour in biweekly installments to all second and third shift employees for all hours worked on shifts beginning between 2:00 PM and 6:30 AM. Effective July 1, 2018, an additional five (.05) cents shall be added to the shift differential under Article N. 7. Article V Effective April 1, 2016, the parties agree to modify Column II under Paragraph (a) as follows: Longevity $400 - 5 YEARS $725 - 10 YEARS $1,050 - 15 YEARS $1,375 - 20 YEARS $1,700 - 25 YEARS 8. Contributions \?' Employees hired after ratification shall contribute 10% to their monthly medical and Rx premium; however this shall only apply after the employee reaches his or her final salary step. Moreover, the City shall reduce the employee's contribution levels if necessary to comply with the Affordable Care Act. Prior to the member's final salary step he or she shall be covered under 7.3 paragraph (B). 9. Article VII The parties agree to Modify 7.5 to read as follows: 7.5 Medical Insurance Coverage Bidding The Union recognizes and agrees that the City may be able to achieve more competitive health insurance rates by bidding out the contract, so long as the benefit levels are equal or better than those currently in place, with alternate health care carriers for alternate medical insurance. The issue of whether benefit levels are equal or better than the current coverage shall be subject to the grievance procedure of this contract. Upon request, annually, the City agrees it will meet and confer with the Union regarding proposals that have been received before making changes to the carrier. The parties agree that the City may self -fund its medical coverage. The City shall not be required to submit a cost-sharing proposal to implement a self-insured program. 10. RETIREES HEALTH The City shall not pay retiree healthcare coverage for employees hired after the ratification of this contract. This provision does not apply to employees with prior city service as defined under the contract. 4 11. Group Life Insurance Plan Effective July 1, 2016, the parties agree to modify the group life insurance as follows: (A) A $7,000 payment upon the death of the insured. (B) An additional $7,000 payment for the accidental death of the insured. (C) A $4,000 payment upon the death of the current spouse of the insured. (D) A $2,000 payment upon the death of each dependent child from age seven (7) days to nineteen (19) years. The parties agree that changes to group life insurance plans may be limited by the rules and/or laws of the insurance company. The parties agree to adjust the increase and/or contract language to comply with insurance company rules., regulations and/or laws. 12. Article VIII The parties agree to include a new provision under Article VIII as follows: 8.8 Vacation Buy Back The parties agree to finalize language to allow employees carrying a maximum bank to sell back one week of vacation time. 13. ARTICLE XXII The parties agree to modify paragraph (B) as follow: A fine not exceed "$250" to be deducted from salary or wages. 14. Outstanding Labor Matters The Parties desire to enter into the period of this new collective bargaining agreement without the cloud or ill will of on-going litigation between the parties, therefore, immediately upon ratification and execution of this agreement, the City and the Union hereby agree to withdraw with prejudice and without cost and/or 5 stipulate to discontinue any and all pending matters with prejudice and without cost in any forum: state, federal, or administrative. Such withdrawals shall include any and all Improper Practice Proceedings commenced before the New York State Public Employment Relations Board, and the Union hereby agrees to withdraw all pending grievances and demands for arbitration with prejudice. The parties agree to resolve the following previously settled matters: 1. CB -2013-231 2. Leave Time Reimbursement for Fire Dispatch personnel for snow storm. 3 Grievance involving November storm. The settlement shall reflect the 650 arbitration award covering the same issue. 4. In a separate MOU, the parties agree that members holding a temporary, or provisional status shall be entitled to longevity payment under the contractual rules. 15. No Outstanding Proposals This Agreement resolves all outstanding proposals of both parties for a new collective bargaining agreement. Any proposal not addressed or included herein shall be deemed to be withdrawn with prejudice. The parties agree to exclude the following matters: 1. CB -14-13 (Parks) 2. CB -15-13 (Weimer) The Union's Negotiating Committee will use its best efforts to secure ratification of this Agreement by the members of the bargaining unit. Following ratification by the bargaining unit, the City's Negotiating Committee will use its best efforts to secure approval of this Agreement by the Common Council. DATED: Buffalo, New York January 26, 2016 FOR THE CITY FOR LOCAL 264 6 E/75/46 DATE DATE DATE FOR THE CITY FOR THE CITY FOR THE CITY //2 6/ t'/ DATE APPROVED AS TO FORM ONLY Corporation Counsel By j 7 . G (20 16 DATE DATE DATE DATE FOR LOCAL 264 FOR LOCAL 264 FOR LOCAL 264 @� � � � ��x^�� SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 06/08/2016 FROM: DEPARTMENT: Mayor SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) [:Local 2651 Contrac [: [ |am please to file with the Common Council, an agreement between the City of Buffalo and Local 2651 ' Building lnspectors. This is an eight year agreement that runs from July 1, 2012 through June 30, 2020. It provides 2% annual increases from July 1, 2012 through July 1, 2016, a 3% increase for July 1, 2018 and a 2% incease in the final year effective July 1, 2019. The increase over the eight years is an average of 2.13% annually, It covers 57 allocated positions in the City General Fund. New employees will contribute 25% of annual premium cost for single and 15% of annual premium cost for family health ' care coverage . Employees hired after ratification will not receive health insurance coverage in retirement. This agreement provides an additional $100/year on benchmark longevity payments; an increase in Auto Allowance from $18/day to $22/day and the opportunity for the employee to sell back one week of vacation time annually. This agreement was approved by the Buffalo Fiscal Stability Authority on Jume 6, 2016. SIGNATURE (-N�� DE RTMENT HEAD TIT 2: Mayor REFERRED TO THE COMMITTEE ON FINANCE Collective Bargaining Negotiations City of Buffalo - and the - American Federation of State, County, and Municipal Employees Local 2651 (AFL-CIO) City Package Proposal February 01, 2016 The City of Buffalo ("City") makes the following package proposal for a complete settlement of all unresolved issues for a new collective bargaining agreement between the City and the American Federation of State, County, and Municipal Employees (AFL-CIO) ("Union"). This package must be accepted in its entirety or rejected in its entirety. Tn the event that this package is not accepted in its entirety, then this proposal shall be deemed to be withdrawn in its entirety and the City shall revert back to its former position on all outstanding issues. 1. Duration July 1, 2012 to June 30, 2020 2. ARTICLE II Salary and Adjustments 7/1/12 — 2% Effective July 1, 2012, the City agrees to pay all of the annual employees represented by the Union the rate of compensation as determined by the wage schedule annexed hereto and marked as Schedule ( ). Schedule represents a salary increase of two (2%) percent. 7/1/13 — 2% Effective July 1, 2013, the City agrees to pay all of the annual employees represented by the Union the rate of compensation as determined by the wage schedule annexed hereto and marked as Schedule 0. Schedule represents a salary increase of two (2%) percent. `c‘ 7/1/14 — 2% Effective July 1, 2014, the City agrees to pay all of the annual employees represented by the Union the rate of compensation as determined by the wage schedule annexed hereto and marked as Schedule 0. Schedule represents a salary increase of two (2%) percent. 7/1/15 — 2% Effective July 1, 2015, the City agrees to pay all of the annual employees represented by the Union the rate of compensation as determined by the wage schedule annexed hereto and marked as Schedule 0. Schedule represents a salary increase of two (2%) percent. 7/1/16 — 2% Effective July 1, 2016, the City agrees to pay all of the annual employees represented by the Union the rate of compensation as determined by the wage schedule annexed hereto and marked as Schedule ( ). Schedule represents a salary increase of two (2%) percent. 7/1/17 — 2% Effective July 1, 2017, the City agrees to pay all of the annual employees represented by the Union the rate of compensation as determined by the wage schedule annexed hereto and marked as Schedule 0. Schedule represents a salary increase of three (2%) percent. 7/1/18 — 3% Effective July 1, 2018, the City agrees to pay all of the annual employees represented by the Union the rate of compensation as determined by the wage schedule annexed hereto and marked as Schedule 0. Schedule represents a salary increase of two (3%) percent. 7/1/19 — 2% Effective July 1, 2019, the City agrees to pay all of the annual employees represented by the Union the rate of compensation as determined by the wage schedule annexed hereto and marked as Schedule 0. Schedule represents a salary increase of two (2%) percent. 3. Modify Salary Schedule Paragraph Effective July 1, 2016 all employees hired after March 10, 2009, reach top grade in seven steps. First year and second year 65%, third year 70%, fourth year 75%, fifth year 80%, sixth year 90% and thereafter 100%. 2 4. Timekeeping System 2.2 Paragraph (N): \CI\ The City reserves the right to implement a timekeeping system. Members shall be required to use the system for signing in and out of work, lunch breaks, and any other current sign in and out policy. 5. ARTICLE IV VACATION Parties agree to include a new provision under Article VIII as follow: 4.9 Vacation Buy Back The parties agree to finalize language to allow employees carrying a maximum bank to sell back one week of vacation time. 6. ARTICLE V SICK LEAVE Sick Leave donations are limited to bargaining unit members. 7. ARTICLE IX RETIREES HEALTH The City shall not pay retiree healthcare coverage for employees hired after the ratification of this contract. 8. ARTICLE XV AUTO ALLOWANCE After ratification of the contract the auto allowance shall increase to twenty two dollars ($22.00) per day. 9. Article XX The parties agree to Modify 20.2 paragraph (e) to read as follow: 20.2 Medical Insurance Coverage Bidding The Union recognizes and agrees that the city may be able to achieve more competitive health insurance rated by bidding out the contract, so long as the benefit levels are equal or better than those currently in place, with alternate health care carriers for alternate medical insurance. The issue of whether benefit levels are equal or better than the current coverage shall be subject to the grievance procedure of this contract. Upon request, annually, the city agrees that 3 --- it will meet and confer with the Union regarding proposals that have been received before making changes to the carrier. The parties agree that the City may self -fund the medical coverage. The City shall not be required to submit a cost-sharing proposal to implement a self-insured program. 20.7 DENTAL INSURANCE Parties agree to remove new hire provision requiring (5%) percent per month towards dental insurance. 10. ARTICLE XXI Longevity Parties agree to remove the new hire Longevity clause. 11. Outstanding Labor Matters The Parties desire to enter into the period of this new collective bargaining agreement without the cloud or ill will of on-going litigation between the parties, therefore, immediately upon ratification and execution of this agreement, the City and the Union hereby agree to withdraw with prejudice and without cost and/or stipulate to discontinue any and all pending matters with prejudice and without cost in any forum, state, federal, or administrative. Such withdrawals shall include any and all Improper Practice Proceedings commenced before the New York State Public Employment Relations Board, and the Union hereby agrees to withdraw all pending grievances and demands for arbitration with prejudice. Except: The parties agree to settle the November snowstorm grievance based on the 650 -arbitration award. The parties also agree to include the previously settled 105h settlement into the collective bargaining agreement. 12. No Outstanding Proposals This Agreement resolves all outstanding proposals of both parties for a new collective bargaining agreement. Any proposal not addressed or included herein shall be deemed to be withdrawn with prejudice. The Union's Negotiating Committee will use its best efforts to secure ratification of this Agreement by the members of the bargaining unit. Following ratification by the bargaining unit, the City's Negotiating Committee will use its best efforts to secure approval of this Agreement by the Common Council., DAI ED: Buffalo, New York February 01, 2016 DA E FO'RTHECITY FOR THE CITY FOR LOCAL 2651 DATE DATE DATE. FOR THE CITY FOR THE CITY ROVEri F 'NM ONLY Corporation Counsel By A--7 5 FOR LOCAL 2651 DATE FOR LOCAL 2651 FROM THE MAYOR - EXECUTIVE DEPARTMENT June 7, 2016 FROM THE OFFICE OF STRATEGIC PLANNING 01295 COMMUNICATION TO Tab COMMON COUNCIL To: Common Council From: Executive Date: June 7th, 2016 Re: 2016 Annual Action Plan Budget Prior Reference: Attached for your Honorable Body's consideration is the budget for the city's proposed 2016 Annual Action Plan, which distributes HUD funding through four entitlement programs: Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons With AIDS (HOPWA). The plan identifies projects that address critical needs in housing, community revitalization, and public services for low- and moderate -income households and neighborhoods. During the prior program year, which began on October 1, 2014 and ended September 30th, 2015, the following was accomplished with CDBG, HOME, ESG, and HOPWA funding: • 263 residential structures, with a total of 351 units, received emergency repairs and/or energy efficient improvements ■ 28 properties were weatherized ■ 255 properties were demolished (in conjunction with city general funds, capital funds, and state grants) • 6 community centers received improvements • 9 parks and playgrounds were upgraded • 39 streets received resurfacing • 19 sidewalks were replaced ■ 29,857 persons participated in youth and senior programs ■ 5,681 persons received legal counseling and fair housing services • 640 individuals and families received assistance to avoid foreclosure • 4,832 individuals and families were provided with emergency shelter or transitional housing ■ 147 individuals and families were moved out of shelters into apartments ■ 154 individuals and families living with HIV/AIDS were given housing and supportive services The city provides various opportunities for residents to participate in the Annual Action Plan process. The preparation and adoption schedule are posted on the city's website, and over 900 notices are distributed to block clubs and community groups. This year notification began with the City's first ever Community Roundtable March 9, 2016. The goal of the meeting was to create a more informal setting than typically allowed by HUD regulations for the community to provide input on the expenditure of HUD funds. The first official public hearing was held on March 31, 2016 to obtain input from residents on the city's community development needs. This was followed by an April 1st workshop to explain the availability and uses of public service funding. The final public hearing is scheduled for June 29, 2016. The city provides a 30 -day period after each public hearing to allow residents to submit additional written comments. Public service agency contracts under the CDBG, ESG, and HOPWA programs can be approved as part of this Council item based upon the amounts committed to the agencies in the Annual Action Plan budget. The remainder of the budgeted items will follow either the standard city contracting process, or be expended pursuant to the authority granted via sub -recipient agreements with the Buffalo Urban Renewal Agency (BURA). Four sub -recipient agreements between the City of Buffalo and BURA, for program administration and management of certain portions of CDBG, HOME, ESG, and HOPWA during the 2016 program year will be submitted to this Honorable Body for the next Council filing. BURA is the city's primary sub -recipient. BURA staff work to develop the required plans that direct HUD investments; provides management for housing, demolition, community facility, infrastructure, and crime prevention programs; and assists the Division of Community Services with processing the high volume of public service contracts and invoices. BURA's role as sub -recipient allows the city to ensure compliance with these highly regulated programs, which includes spending resources in conformance with an approved five-year Consolidated Plan. BURA's Division of Community Planning works with the Mayor's Office of Strategic Planning to develop strategies for HUD and other funding sources. I respectively request that your Honorable Body: (1) Approve the attached 2016 Annual Action Plan budget, which approval would include the authorization to contract with the public service agencies for the budgeted CDBG, ESG, and HOPWA funds; (2) Authorize the Mayor or his designee to execute all agreements and related documents required or useful in facilitating the city's receipt and utilization of the subject funding to carry out the projects identified in the 2016 Annual Action Plan, consistent with the rules and regulations governing the CDBG, HOME, ESG, and HOPWA programs; and (3) Authorize the Corporation Counsel and other appropriate city personnel to negotiate finalization of said agreements and other necessary documentation necessary for execution and implementation of the 2016 Annual Action Plan budget. SIGNATURE DEPARTMENT HEAD: Brendan R. Mehaffy, Esq. TITLE: 0,9 Executive Director, Mayor's Office of Strategic Planning REFERRED TO THE CONNTTEE ON COMMUNITY DEVELOPMENT., CITY OF BUFFALO PROPOSED ANNUAL ACTION PLAN October 1, 2016 to September 30, 2017 Community Development Block Grant HOME Investment Partnerships Emergency Solutions Grant Housing Opportunities for Persons With AIDS HUD requires the City of Buffalo to prepare an Annual Action Plan that outlines its proposed use of funds from four entitlement programs: CDBG, HOME, ESG, and HOPWA. The city will receive approximately $16.6 million in grant funding for the 2016 program year, which will be combined with $1.2 million in CDBG and HOME program income, generated largely from loan repayments. The allocations for CDBG and ESG both were slightly reduced, while HOME and HOPWA were both slightly increased. SUMMARY PY 2015 PY 2016 TOTAL $18,169,702 $17,873,088 CDBG grant $12,635,721 $12,543,125 CDBG program income $1,150,0001 $1,100,000 HOME grant $2,398,152 $2,414,585 HOME program income $280,000 $120,000 ESG grant $1,159,066 $1,137,467 1 HOPWA grant $546,763 $557,911 1 The PY 2015 CDBG program income amount represents the amount that was included in the PY 2015 budget approved by this Honorable Body. PY 2015 saw an unprecedented amount of program income due to the sale of real estate. Program income above historical amounts earned from regular activities, such as loans, have been budgeted in Annual Action Pian Amendments given the unpredictable timing of real estate closings. 1 COMMUNITY DEVELOPMENT BLOCK GRANT CDBG funding is used for a variety of activities, including emergency home repairs; demolition of abandoned city -owned structures; improvements to public facilities such as community centers, parks, streets, and sidewalks in HUD -eligible neighborhoods; and support for community groups serving youth and seniors. Funding for program delivery and administration covers the costs for community-based organizations, the Buffalo Urban Renewal Agency (BURA), and the city to provide these services. Approved Proposed TOTAL PY 2015 PY 2016 $13,785,721 $13,643,125* Housing $1,955,500 $2,700,000 Clearance $810,000 $705,000 Community facilities $1,950,000 $2,077,375 Parks and Pools $850,000 $800,000 Street resurfacing $1,250,000 $1,025,218 Sidewalk replacement $1,150,000 $1,325,000 Public services $1,895,000 $2,229,907 Section 108 loan repayment $1,168,296 $0 Program Delivery: NYBDC $72,000 Planning and administration $2,756,925 $2,708,625 2 Housing The Emergency Loan Program administered by BURA helps low- and moderate -income homeowners to replace roofs, furnaces, and hot water tanks; or to repair water, sewer, and electrical systems. Belmont Shelter and seven community-based organizations assist with this program by providing loan originations, work write-ups, and property inspections. BURA anticipates assisting approximately 260 homeowners during the 2016 program year. TOTAL $2,700,000 Rehab loans $2,139,000 Program delivery: CBOs $270,000 Program delivery: Belmont $0 Program delivery $291,000 Clearance Funding is used to demolish vacant and abandoned residential, commercial, and industrial properties that the city owns. This supplements other funding, such as the city's capital budget and general fund. If all funds were used for residential demolition, at an average cost of $20,000 per residence, 30 residential structures can be demolished during PY 2016. TOTAL $705,000 Demolitions $600,000 Program delivery $105,000 Community Facilities In 2014, the Department of Public Works (DPW) provided BURA with a list of $11.1 million in repairs and upgrades needed at 14 city -owned community centers: Asarese- Matters, Autumnwood, CRUCIAL, Dulski, Hennepin Park, JFK, Matt Urban Hope Center, North Buffalo, Northwest Buffalo, Old First Ward, Gloria Parks, Pratt-Willert, Edward Saunders, and Schiller Park. After confirming that these facilities serve HUD -eligible neighborhoods, BURA worked with DPW on preparing a six-year capital plan to address all repairs, starting with the most critical needs. The PY 2016 represents the third year of this plan, and repairs are proposed at the seven centers listed below. The amounts for capital improvements are estimated and subject to change depending upon bids received. TOTAL $2,077,375 Asarese-Matters $418,800 CRUCIAL $100,000 Gloria Parks $484,600 Edward Saunders $159,300 Polonia Hall $156,000 Pratt-Willert $65,500 T.J. Dulski $117,700. Contingency $150,190 Program Delivery $200,000 A & E $225,285 4 Parks DPW provides BURA with an annual list of improvements needed at city parks. After confirming that the parks serve HUD -eligible neighborhoods, BURA worked with DPW to address as many park needs as funding will allow. For PY 2016, improvements are proposed at the six parks listed below. The amounts for capital improvements are estimated and subject to change depending upon bids received. TOTAL $800,000 Lang Weber $40,000 Hillery $85,000 Manhattan $100,000 McCarthy $265,000 Glenny $75,000 Woodlawn $75,000 Contingency $64,000 A&E $96,000 5 Streets DPW provides BURA with an annual list of streets that require resurfacing. Based on HUD guidelines, BURA conducts a three-part review to determine eligibility. The first step is a check to ensure that each street segment is located within a HUD -eligible neighborhood. The second step requires counting the individual parcels on both sides of the street, and confirming that at least 51 percent are currently in residential use. The final step takes the estimated cost of resurfacing each segment and divides it by the number of residential parcels, to eliminate any segments that have an unusually high cost per unit. After conducting this analysis, the following 31 street segments were determined to be eligible for CDBG funding. Depending on bid amounts, DPW aims to do as many of the street segments identified below with the requested funding. TOTAL $1,025,218 Street resurfacing Street From Sage Seneca Armin Seneca Dartmouth Bailey Hewitt Bailey Minnesota Bailey Humber E. Delavan Fifteenth York Dewey Fillmore Hawley Forest Woltz Broadway Dart Forest Bradley Danforth Potomac Niagara 6 $1,025,218 East End Pawnee Orleans Orleans Orleans Sussex Vermont Castle Letchworth Sycamore Bradley Rees Grant To Street From Regina Florida Mohican Loepere Broadway Sycamore Pawnee Parkway Pomona Mineral Springs Boehm Bailey Warring Plymouth Pennsylvania York Plymouth York Vermont Potomac Niagara Grant Regina Florida Mohican Antwerp Bailey Warring Pansy_ Florida E. Delavan Mohican West End Humboldt Parkway Navaho: Parkway Roanoke Mineral Springs Carolina Niagara Tupper Antwerp Bailey Warring Pansy ° Florida E. Delavan Mohican West End Humboldt Parkway Navaho Parkway Roanoke Mineral Springs Carolina Niagara Tupper To 7 Sidewalks DPW provides BURA with an annual list of sidewalks in need of repair. Based on HUD guidelines, BURA conducts a three-part review to determine eligibility. The first step is a check to ensure that each street segment is located within a HUD -eligible neighborhood. The second step requires counting the individual parcels on both sides of the street, and confirming that at least 51 percent are currently in residential use. The final step takes the estimated cost of sidewalk replacement for each segment, and divides it by the number of residential parcels, to eliminate any segments that have an unusually high cost per unit. After conducting this analysis, the following 17 sidewalk segments were determined to be eligible for CDBG funding. Depending on bid amounts, DPW aims to do as many of the sidewalk segments identified below with the requested funding. TOTAL Sidewalk replacement $1,325,000 1,325,000 STREET Wyoming E. Delavan East Parish Dearborn Parish Langmeyer Olympic Dartmouth West -End Weston Bailey Brinkman Doat Rawlins Doat Dodge Masten Urban Fillmore Dartmouth Comstock Verplanck E. Utica Jersey Niagara W. Columbus Busti Colorado Genesee Farmer Niagara Weston Hazelwood 8 FROM TO Sussex Hertel Hertei Bailey Parkridge Suffolk Walden Genessee Michigan Kehr Bailey Woodlawn Prospect Niagara E. Ferry Dearborn Edison 43\ Public Services A total of 48 CDBG applications were submitted seeking CDBG funds to provide public services to low -to -moderate income residents of the City of Buffalo. All applications were rated on a HUD -approved evaluation form by a team of four reviewers. Applications were initially assessed for meeting a set of threshold requirements that address organizational strength. Once this review was passed, each application was rated based on the program's benefit to low and moderate -income populations, along with the need for the proposed activity, previous and current experience with CDBG funds and financial and program monitoring results. The city is able to direct up to 15 percent of its annual CDBG award to public service agencies and an additional 15 percent of the program income received in the prior program year. While the annual CDBG award decreased slightly this year in line with historical trends, the increased amount of program income allows the City to maintain prior year funding levels for public service agencies. This plan calls for the allocation of $330,000 in program income to public services to help fund new initiatives aimed at improving the delivery of public services and addressing the lead issue in the City. The additional program income also avoids having to reduce necessary funding for existingpublic service agencies. In line with last year, a total of approximately 1.9 million dollars in CDBG funds will be awarded to eligible public service providers. The Review Committee (monitors and staff from the Department of Community Services) made the following initial recommendations based on a ranking of the agencies that was determined by funding priorities: • Maintain the cap on individual program awards at $100,000; ▪ Maintain current funding levels for existing Youth, Crime, and Fair Housing Programs. The Senior Program at Hennepin Community Center will see an increase in funding, in order to fully implement programming at that site. Two underperforming senior programs will be closely monitored, with the possibility of a merger, or collaboration suggested for future funding. Nineteen youth serving agencies will provide critical programs at 26 sites throughout the City of Buffalo. • With a focus on providing high quality youth services, new funding is allocated for the Big Brother/Big Sisters program, a highly regarded national model for mentoring programs. Similarly, the Resource Council of WNY, to support youth program development at the site of the former East Ferry Street YMCA, where the Resource Council is renovating and returning the facility to community use. In 9 addition, the YWCA is recommended for funding to continue teen programming at the CRUCIAL community center, and develop a new teen program at the JFK Community Center. • Funds for the Salvation Army Golden Age Center will provide comprehensive services to the Senior Citizens located near the Main St. Salvation Army complex. The Salvation Army Golden Age Center provides comprehensive senior services to city residents. Salvation Army Go/den Age Center may be the consolidated home of other local (and underperforming) Senior Centers. In addition to 3 separately funded City Senior Centers, there would be 17 sites providing support, wellness and socialization opportunities to area seniors age 62 and over. • In efforts to combat lead-based paint hazards that are present throughout the City's aging property stock, the Consolidated Plan identified the City's commitment to educate communities with the highest likelihood of being affected. As a result, this program year $150,000 of program income will be allocated to support a new Lead -Based Paint Initiative to educate the community as well as landlords and tenants on the dangers of lead-based paint. • Begin implementation of a Results Based Accountability (RBA) program for all CDBG funded public services. RBA is a management tool designed to facilitate collaboration among public service agencies and will work to help assure the City that the expected results (goals, outcomes) of all funded public service programs are clearly defined and are purposeful. RBA will also aid efforts to ensure that reported data is regularly collected and answers the questions of whether results have been achieved in a more streamlined and efficient way. Currently, the ESG (and eventually HOPWA) program already adheres to a set of defined standards that are measured through the Homeless Management Information System (HMIS) and the City plans to continue its support of this data collection. • Hire an outside consultant to work with the Department of Community Services to develop a Strategic Plan aimed at developing performance standards and providing funding priorities for future CDBG funding and align the goals and outcomes of the Department's funded programs. As CDBG funds dwindle, it is imperative that as we develop results based evaluations and have a follow up system for determining funding priorities in our City's low income neighborhoods. The Strategic Planning process would be designed to help to clarify the role residents want community centers to play in their neighborhoods, how, and to what extent they should be funded, and develop some baseline funding and performance standards. This work will set the framework for determining community priorities in the City's Consolidated Planning Process to satisfy HUD requirements. 10 CDBG TOTAL $1,899,907 CDBG Youth $ 865,000 African American Cultural Center $54,700.00 Belle Center- AmeriCorps $58,000 Belle Center $60,000 Big Brother/Big Sister CAO/Pratt Willert $39,700 Computers for Children $39,200 CRUCIAL Delavan-Grider Community Center $49,100 Gloria Parks Community Center $59,300 King Urban Life Center $31,900 Matt Urban Center $77,300 North Buffalo CDC $36,700 Northwest Buffalo Community $100,000 Center Old First Ward $21,500 Police Athletic League $88,400 Resource Council Seneca -Babcock Community $20,700 Association West Side CS $78,500 YWCA (for CRUCIAL) $30,000 11 Program TOTAL Income $330,000 $2,229,907 Program TOTAL Income $925,000 $80,000 $20,000 $20,000 $20,000 20,000 $54,700.00 $58,000 $60,000 $20,000 $39,700 $39,200 $20,000 $49,100 $59,300 $31,900 $77,300 $36,700 $100,000 $21,500 $88,400 $20,000 $20,700 $78,500 $50,000 CDBG Seniors $743,207 ABLEY-Hennepin $65,000 Delavan-Grider Community Center $24,600 CAO -Pratt Willert $15,300 Friends $22,200 Gloria Parks Community Center $56,200 Hispanics United of Buffalo $19,100 Matt Urban Center $52,600 Northwest Buffalo Community $84,300 Center North Buffalo CDC $41,100 Old First Ward $22,200 Salvation Army Golden Age Schiller Park CS $80,000 Seneca Babcock Community $20,000 Association South Buffalo Community $100,000 Association Valley Community Association $19,100 West Side CS $69,807 William Emslie YMCA $31,700 Other services CDBG $311,700 Buffalo Urban League $30,000 Citizen Services $142,300 HOME $50,400 Lead Hazard Control Program- Pilot Legal Aid Bureau $46,900 12 Program TOTAL Income $763,207 $20,000 $20,000 $65,000 $24,600 $15,300 $22,200 $56,200 $19,100 $52,600 $84,300 $41,100 $22,200 $20,000 $80,000 $20,000 $100,000 $19,100 $69,807 $31,700 Program TOTAL Income $511,700 $230,000 $30,000 $ 42,300 $50,400 $150,000 $150,000 46,900 Other services (continued) Neighborhood Legal Services Results Based Accountability License & Training Strategic Plan for CDBG West Side Community Service Crime Prevention $23,700 $18,000 $23,700 $30,000 $30,000 $50,000 $50,000 $18,000 HOME INVESTMENT PARTNERSHIPS HOME funding is used to support new construction or the substantial rehabilitation of owner -occupied and rental housing for low- and moderate -income individuals and families; and to assist with the work of Community Housing Development Organizations (CHDOs). BURA administers the City's HOME funds via a HUD -approved subrecipient agreement. HUD requires that the city allocate at least 15 percent of its HOME grant to assist CHDOs with the acquisition and rehabilitation of housing, and up to five percent to cover their operating expenses. The city distributes the balance of its HOME funding through a request for proposals (RFP) process. Proposals to build, rehab, or convert structures for affordable housing are rated based on the development team's qualifications and experience, minority and women business enterprise (M/WBE) participation, the market analysis, and the amount of outside fundingbeing leveraged, and awards are then made. TOTAL $2,534,585 Construction/rehab (City) $1,369,444 Program delivery (City) $450,000 Construction/rehab (CHD0s) $363,300 Program delivery (CHDOs) $100,000 Administration $252,141 13 EMERGENCY SOLUTIONS GRANT ESG funding provides support for street outreach, prevention, emergency shelter, transitional housing, and rapid rehousing to assist the homeless and other special needs populations. Applications for ESG funding are reviewed and rated by the Continuum of Care Committee, which has been designated by HUD to coordinate homelessness efforts in the region. Outreach funding to locate homeless persons and secure appropriate services and case management for them will be provided to the Matt Urban Center. Prevention funding will be provided to Neighborhood Legal Services to assist tenants facing eviction to avoid homelessness. Funding will be directed to five emergency shelters (City Mission, Compass House, Hope House, Jericho Road/Vive, and Salvation Army); and four transitional housing providers (Gerard Place, Saving Grace Ministries, Teaching & Restoring Youth, and YWCA) for operating expenses and support services. Both Code Blue and Rapid Rehousing funds will be distributed via an RFP process once the program year begins; and the Homeless Alliance of WNY will receive funding to manage the HUD -mandated Homeless Management Information System that collects data on program participants. Additionally Project Homeless Connect (PHC), is an annual event to support outreach, education, and connect homeless individuals and families to services throughout Western New York. This event had over 400 attendants last year with a plethora of vendors available to meet the needs of those experiencing housing crisis. TOTAL $1,137,467 Street Outreach $255,000 Shelter $370,000 Prevention $60,000 HMIS $60,000 Rapid Rehousing (RFP) $252,157 Code Blue (RFP) $55,000 Administration $85,310 14 After careful consideration of the 20 ESG applications that were submitted to the City of Buffalo for federal funding, the following agencies were recommended for funding. Decisions made were evaluated based on previous performance measures, prior outcomes, eligibility according to HUD guidelines, possible community impact and overall implied, or proven success of the program as it relates to the purpose of ESG funding. This funding breakdown also took into consideration the need for 60% of ESG funding to support shelter and outreach. TOTAL Matt Urban- Outreach Matt Urban, Hope House Compass House Salvation Army -Shelter Salvation Army- Outreach Jericho Road (VINE) Saving Grace Ministries Buffalo:CityMission Gerard Place Teaching & Restoring;Youth YWCA of WNY PHC Outreach Restoration Society Code Blue RFP $680,000 $160,000 $40,000 $63,000 $60,000 $10,000 $30,000 $30,000 $60,000 $33,500 $33,500 $20,000 15 $80,000 $55,000 1\\ HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS HOPWA funding is used to assist individuals and families who are either HIV-positive or living with AIDS. As the only HOPWA grantee in the region, HUD requires that the city support providers who offer services to all residents of Erie and Niagara Counties. The city will provide HOPWA funds to Evergreen Health Services for delivering housing placement, housing assistance, and supportive services; and to the Homeless Alliance of WNY to manage the HUD -mandated Homeless Management Information System that collects data on program participants. TOTAL $557,911 TBRA Tenant Based Rental Assistance $216,000 STRMU Short Term Rent, Mortgage Utility $86,400 PHP Permanent Housing Placement $58,800 Supportive Services $72,000 Housing Services and Costs $75,950 Project Sponsor Admin $32,024 Administration $16,737 16 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1296 PASSED June 7, 2016 Strat Plan -Authorizing the Mayor Designed Member to Execute Agmt With COB & Broadway Market Vendors for Purpose of Doing Business Gerald A Chwalinski City Clerk APPROVED JUN 1 5 2016 01296 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 12, 2016 FROM: DEPARTMENT: Office of Strategic Planning SUBJECT: Authorizing the Mayor of the City of Buffalo, or a designated member of his staff or the Mayor's Office of Strategic Planning staff, to execute and deliver a signed lease agreement between the City of Buffalo and the following Broadway Market vendors for the purpose of doing business in the Broadway Market. The mission of the Broadway Market is to provide a venue where local farmers, merchants, crafters and artisans come together to provide a variety of locally made products directly to the community. The Broadway Market's environment promotes a greater sense of commtinity, fosters local business development, educates about the importance of buying local, and encourages social gathering. The City of Buffalo seeks to implement leases through the Mayor's Office of Strategic Planning to promote stability in the market, have indemnifications and insurances for the City effectuated, and establish an income stream necessary for the on-going growth and maintenance of the Broadway Market. The following Broadway Market vendor leases are contained in Attachment A: Vendors who have been at the Broadway Market for more than one year: Amber Gems & More — Jewelry & pottery, two year lease Audrey L Maurer Custom Designed Crafts — hand sewn items — two year lease Camellia Meats — two year lease Dexter's Hats, Caps & Things — two year lease Hands & Paws — Dog treats & assorted pet items — two year lease Lewandowski Produce — two year lease Lupus Meats - Meats — two year lease RWL Enterprises — hand painted ceramics & silver gemstone jewelry — two year lease Spices & mixes by Milly — Spices, blends & seasonings — two year lease New Vendors: Becky's Bakery — Bakery items — month to month lease Mazurek's Bakery — Bakery items — month to month lease The Office of Strategic Planning is requesting that Your Honorable Body: Authorize the Mayor of the City, or a designated member of his staff or the Mayor's Office of Strategic Planning Real Estate Division, to execute and deliver these leases and any other related documents and authorize the Mayor and other pertinent City personnel to take all steps and actions to work together in the spirit of co n and open communications, consistent with law, with the primary goal of meeting jYe needs f he City of Buffalo and the Broadway Market's small businesses in the City SIGNATURE: DEPARTMENT HEAD NAME: Christie Nelson TITLE: Director of Real Estate, Mayor's Office of Strategic Planning r -s* -¢s1 -"\L eAls-t-\ C_KP-os‘c--L CIPA cDrra.:Ao..Xy4 BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Amber Gems & More , with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 40 F, G, & H in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of July 1, 2016 ("Commencement Date") continuing through June 30, .2.018. Size of Premises Deemed to be 300 square feet on market floor rentable square feet. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Amber jewelry, Polish pottery, salt lamps, glassware, ornaments, soy candles, t -shirts, jackets/sweatshirts, hats/caps, aprons, German nutcrackers, magnetic jewelry, silver jewelry and wooden eggs. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. 1 Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $325 in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1/30`h of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, 2 reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $23 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant's operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. 3 ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including but not limited to attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, 4 Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured's general liability policy in connection with liability and damages arising out of the named insured's business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant's expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such 5 further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. 6 ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise 7 permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. 8 Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $ NA (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and 9 inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: By: Pauline Popiela Tenant Address 201 Stonehedge Drive Orchard Park, New York 14127 Contact Phone Number 716-480-8277 GUARANTEE (If Required) LANDLORD: CITY OF BUFFALO By: Its: The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 BROADWAY MARKET FLC►QR PLAN EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN 2015 Amber Gems & More Sq. Ft. $/Sq. Ft. Year 1 Monthly Retail Stand 300 $ 13.00 $ 3,900.00 $325.00. BASE $ 3,900.00 $325.00 RENT CAM $ 276.00 $ 23.00 (Retail) CAM 1(Storage) TOTAL $ 4,176.00 $348.00 LEASE Plus Monthly Electric when applicable EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. • MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. o OTHER: B. The Tenant may also sell such additional products as listed below: Polish pottery. Polish tee-shirts, amber and silver iewelrv, candles, healing stones and German Nutcrackers EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAF: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. o OTHER: B. The Tenant may also sell such additional products as listed below: Polish pottery, Polish tee-shirts, amber and silver jewelry, candles, healing stones and German Nutcrackers AC'ORD•. CERTIFICATE OF LIABILITY INSURANCE DATE o21�7/za16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Phone: (716) 662-5170 Fax (716) 662-1565 CC's/17'aa Terranova Insurance Services TERRANOVA INSURANCE SERVICEStI 6546 E QUAKER STREET y .Tait: (716) 662-5170, n,. (716) 662-1565 EMA4 ORCHARD PARK NY 14127 =HEW INSURED AMBER GEMS & MORE CIO PAULINE POPIELA 120 STONEHENGE DR ORCHARD PARK NY 14127 INSURERS) AFFORDING COVERAGE NAIC ii Agencyuc#: PC -1063251 I INSURERA : NewYork Central Mutual 14834 INSURER B : INSURER C : jI INSURER D: INSURER E : I INSURERF : COVERAGES CERTIFICATE NUMBER: 6900 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICI .S. LIMITS SHOWN MAY HAVE BEEN RED JCED BY PAIr+ CLAIMS. 1NS7RR POLICY EXP TYPE OF INSURANCE o y D POUCY NUMBER IMMMIDTU/ YYYI riewoo mn A X COMMERCIAL GENERAL UABIUTY X 6142504 10/24/15 10124/16 CLAIMS -MADE OCCUR GEHL AGGREGATE LIMIT APPLIES PER: POLICY JOT LOC OTHER AUTOMOBILE LIABILITY ANY AUTO — ALL OWNED _AUTOS HIRED AUTOS UMBRELLA LIAR EXCESS LfAD I DED I (RETENTION $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY MW PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below SCHEDULED AUTOS NON.OWNED AUTOS OCCUR CLAIMS -MADE YIN NIA LIMITS EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occaencel i MED. EXP (Any one person) $ 5,000 I PERSONAL & ADV INJURY $ 1,000,000 I GENERAL AGGREGATE $ 2,000,000 I PRODUCTS - COMP%OP,AGG S. 2,000,000 8 - COMBINED SIMSLE.LIMrT (Eaacoldonl) $ I BODILY INJURY (Per person) $ 1BODIINJURY.(Peracddenl) $ LY PROPERTY DAMAGE, ' .. $ (pe, sock/ere) $ EACH OCCURRENCE $ AGGREGATE I$ Is I STAME I I EOR I E.L EACH ACCIDENT I $ E.L DISEASE -EA EMPLOYEE $ E.L. DISEASE•POUCYLIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS !VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is requ red) CERTIFICATE HOLDER CANCELLATION CITY OF BUFFALO 920 CITY HALL BUFFALO, NY 14202 Attention: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014101) ©1988=ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours unless tenant is a Saturday only vendor. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 11 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning' of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside 12 only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs and Stall Coverings No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. Display cases, counters and stands, if covered, must be covered in black, red, green or white coverings. No sheets or floral prints allowed. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. 13 XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN Amber Gems & More 2015 Sq. Ft. $/Sq. Ft. Year 1 Monthly Retail Stand 300 $ 13.00 $ 3,900.00 $325.00 BASE $ 3,900.00 $325.00 RENT CAM $ 276.00 $ 23.00 (Retail) CAM (Storage) TOTAL $ 4,176.00 $348.00 LEASE Plus Monthly Electric when applicable BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Audrey & David Maurer, dba Audrey L. Maurer Custom Designed Crafts, with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 96D in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as. Exhibit A and made a part hereof. Term As of July 1, 2016 ("Commencement Date") continuing through June 30, 2018. Hours of Operation Saturday 8:00 — 5:00 pm plus Christmas and Easter Festivals Size of Premises Deemed to be 100 rentable square feet. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Handmade embroidered bibs, children and adult art smocks, infant bonnets, garters, embroidered towels and other handmade items. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole 1 discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $108.00 in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1/30th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord 2 retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $8.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant's operations, including, without limitation, telephone, internal, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. 3 ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured's general liability policy in connection with liability and damages arising out of the named insured's business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (0 Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant's expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of 6 inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. 7 (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. 8 Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $ na_ (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and 9 inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: Audrey & David Maurer LANDLORD: Dba: Audrey L. Maurer Custom Designed Crafts By: Audrey L. Maurer t. 5245 Berg Rodd Lackawanna, New York 14218 716-824-7325 GUARANTEE (If Required) CITY OF BUFFALO By: Its: The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 BROADWAY MARKET FLOOR PLAN o .s .�tsc-zw r EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN 2015 Audrey L. Maurer Custom Designed Crafts Sq. Ft. $/Sq. Ft. Year 1 Monthly Base Rent 100 $13.00 $ 1,296.00 $108.00 Storage/Production Area BASE $1,296.00 $108.00 RENT CAM $96.00 $8.00 TOTAL CAM TOTAL LEASE 1 $1,392.00 $116.00 EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selting clomestic fows (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand seIing fresh fruits and vegetabies. o SUNDRIES STAND: a stand selting many different or small things. X MERCANTILE: a stand selling a wide variety of small non -edible merchandise listed below. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAF: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usualy of a professional or skUled nature. o OTHER: Items for sale include adult clothing orotectors. short and Ion bibs, vouth, babv and regular bibs and holiday bibs. Personalized name bibs, cross-stitch bibs with savings on them & snowman ornaments. Baby bonnets, tooth fairy Pillows, prom garters and headpieces, appliance covers, art smocks, first communion items plus much more. •-ate..+ a r,uur-ru riaurer 71 CitUe4'/Se5 p.1 .- THIS POLICY IS ISSUED ON THE CO-OPERATIVE NON ASSESSABLE PLAN HOME BASED BUSINESS POLICY DECLARATIONS ONTARIO INSURANCE COMPANY 28 Canandaigua Street Shortsville, NY 14548 Policy Number: 172060848 ** RENEWAL CERTIFICATE ** Page 1 Location: 1 Building: 1 Policy Period: FROM 6/24/2015 TO 6/24/2016 12:01 AM Standard Time INSURED: AGENT: 53 AUDREY MAURER THE CHRISMAN AGENCY INC 5245 BERG RD 8689 MAIN ST PO BOX 147 LACKAWANNA NY 14218 HONEOYE NY 14471 PHONE: 585 229-2288 The Described Location;sl covered by this policy are as follows: 5245 BERG RD, LACKAWANNA, NY, 14218, ERIE COUNTY This replaces all previously issued policy Declarations, if any. This policy applies only to accidents, occurrences or which happen during the policy period shown above. This policy applies only to those coverages below for which a limit Insurance and/or a limit of liability or premium charge is shown. Our limit for each coverage shall not be more than the stated for such coverage, subject to all the terms of this policy. losses of amount COVERAGE COINSURANCE DEDUCTIBLE.., LIMIT OF LIABILITY PREMIUM A. Building B. Business Property L. Bodily Injury & Property Damage M. Premises Medical Payments N_ Products/Completed Work NONE NONE O. Fire Legal Liability P. Personal/Advertising Injury ** Any payments under Personal/Advertising Subject to the Following Forms and SF -20 * (1/88), SF -4 LS -59 (11/92), OY-13 LS -82 (7/96), LS -84 LS -92(5/97), LS -31(6 LS -93(5/97), SF -73 5/20/15 COUNTERSIGNATURE DATE $250 NONE $250 SF -4 $13,000 (Each Occurrence) (Aggregate) (Each Person) (Each Accident) (Each Occurrence) (Aggregate) (Each Occurrence) (Each (Aggregate) Injury reduces Coverage L Limits Occurrence) $1,000,000 $2,000,000 $1,000 $25,000 $1,000,000 $2,000,000 $50,000 $50,000 Included of Liability for the same Endorsements (* Basic Forms Included with this Policy) * (1/88) , SF -44 * (1/88) , LS -6 * 3 * (3/95), SF -18 (7/96), SF -99 (5 (10/97), LS -87 (7/88), LS -89 (5/97 /90), LS -78(8/98), LS -79(5/97), LS 5/10), NYSTAT-1 (11/08), LS -10 (1/ loon. 11 (1/88), /98), ) , LS -85(5/99), -88(5/97), 88) $180 $80 Keith A Fry ** INSURED'S COPY ** OUR AUTHORIZED REPRESENTATIVE 5/20/15 6/24/15 HBB-DEC (3/95) Continued On Page 2 For Location 1 Building. 1 (See.Reverse) 1.• CZ ....411 .ladiugwv ncouvwr 110d49.7j4t1 r 2 THIS POLICY IS ISSUED ON THE CO-OPERATIVE NON ASSESSABLE PLAN HOME BASED BUSINESS POLICY DECLARATIONS ONTARIO INSURANCE COMPANY 28 Canandaigua •Street Shortsville, NY 14548 Policy Number: 172060848 ** RENEWAL CERTIFICATE INSURED: AUDREY MAURER 5245 BERG RD LACKAWANNA NY 14218 OY-BPAP (8/94) TERR-COV (1/15) TERR-COV (1/15) LS -118 (12/08) LS -120 (12/08) LS -415 (7/98) * * Page 2 Location: 1 Building: 1 Policy Period: FROM 6/24/2015 TO 6/24/2016 12:01 AM Standard Time AGENT: 53 THE CHRISMAN AGENCY INC 8689 MAIN ST PO BOX 147 HONEOYE NY 14471 PHONE: 585 229-2288 BUSINESS PROP TEMP AWAY FROM INSURED TERRORISM DISCLOSURE ENDORSEMENT TERRORISM DISCLOSURE ENDORSEMENT SILICA EXCLUSION EXTERIOR INSULATION EXCLUSION ADDITIONAL INSURED (DESIGNATED PREMI INCEPTION PREMIUM NY STATE FIRE FEE Rating Information: Protection: PROTECTED Construction: Sprinklered: NO Premium Group: 1 Business Desc.: SEWING & FLOWER ARRANGEMENTS Form of Business: INDIVIDUAL )ROPERTY OPTIONAL COVERAGES: 1USINESS PROPERTY AWAY FROM PREMISES - LIMIT $6, 000 ortgagee: NONE FRAME PREMIUM $4 $4 i/20/15 6/24/15 33 -DEC (3/95) Continued On Page 3 For Location 1 Building 1 $2771 $.73 a•ova,a a 11l1 1'CJ' 1'1 uf'Cf' (1 bue.F JJem p.3 THIS POLICY IS ISSUED ON THE CO-OPERATIVE NON ASSESSABLE PLAN ,COME BASED BUSINESS POLICY DECLARATIONS ONTARIO INSURANCE COMPANY 28 Canandaigua Street Shortsville, NY 14548 Page 3 Location: 1 Building: 1 Policy Number: 172060848 Policy Period: FROM 6/24/2015 TO 6/24/2016 ** RENEWAL CERTIFICATE ** 12:01 AM Standard Time INSURED: AGENT: 53 AUDREY MAURER THE CHRISMAN AGENCY INC 5245 BERG RD 8689 MAIN ST PO BOX 147 LACKAWANNA NY 14218 HONEOYE NY 14471 PHONE: 585 229-2288 Additional Insured CITY OF BUFFALO 65 NIAGARA ST BUFFALO NY 14202 RENEWAL AGREEMENT IF THIS POLICY IS A RENEWAL CERTIFICATE AS STATED IN THE DECLARATIONS, THE FORMS WITH PROVISIONS AND AGREEMENTS ARE SHOWN ON THE DECLARATIONS. WE HAVE ENCLOSED ONLY THOSE FORMS WHICH HAVE CHANGED S_NCE THE PREVIOUS POLICY PERIOD OR APPLY FOR THE FIRST TIME. OTHER FORMS SHOWN WERE SENT WITH YOUR PREVIOUS POLICY(S) AND SHOULD BE RETAINED. A COMPLETE SET OF FORMS IS AVAILABLE UPON REQUEST. LIBERALIZATION CLAUSE IF ANY AUTHORIZED ENDORSEMENTS, FILED RULES OR REGULATIONS ARE APPROVED 45 DAYS PRIOR TO OR DURING THE POLICY PERIOD SHOWN ABOVE WHICH BROADEN OR EXTEND COVERAGE WITHOUT ADDIT_ONAL PRE•1IUM CHARGE, SUCH REVISION(S) WILL BE EFFECTIVE AS OF APPROVAL DATE BY APPROPRIATE REGULATORY AUTHORITY OR STATUTE. PROVISIONS REQUIRED BY LAW TO BE STATED IN THIS POLICY This Company is e: Advance Premium Cc-operatl•;e Fire insurance Como:iy, having R' -Lairs and special regulations relating tc meetings, elections of directors, rights and obligations of members as follows: By the acceptance of this policy, the named insured becomes a member of this Company and is entitled to vote in person at any and all meetings of the Company. The holder of this policy is not subject to any liability for assessment. The annual sleeting of members and election of directors is held at such place as may be designated by the Secretary on the second Wednesday of April at 10:OC A.M. In Witness Whereof, we have caused this policy to be executed and attested. 5/20/15 HBB-DEC (7/13) Paula M. Bartishevich Secretary Keith A. Fry ?resident End Of Declaration For,Location 1 Building 1 6/24/15 ..vv a. ...a as •uaaaau c,= 110.1 C1 1161 U GT /JGJ NOTICE OF TERRORISM INSURANCE COVERAGE Refer to Supplemental Declarations if information is not shown on this form. The portion of your annual premium that is attributable to coverage for acts of terrorism is $ TERR-COV Ed. 1/15 0.00 Coverage for acts of terrorism is included in your policy. The term act of terrorism as defined in Section 102(1) of the Terrorism Risk Insurance Act, as amended in 2015 (the Act), means any act that is certified by the Secretary of the Treasury—in consultation with the Secretary of Homeland Security, and the Attomey General of the United States—to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a Unitcd States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. To the extent coverage for such certified ucts of terrorism is provided by your policy, any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Act. Under the formula, the United States Government reimburses the following percentage of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage: 85% through 2015; 84% beginning on January 1, 2016; 83% beginning on January 1, 2017; 82% beginning on January 1, 2018; 81% beginning on January 1, 2019 and 80% beginning on January 1, 2020. The Act contains a $100 billion cap that limits U.S. Government reimbursement as well as insurers' liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds $100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed $100 billion, your coverage may be reduced. As such, if aggregate insured losses resulting from certified acts of terrorism exceed $100 billion dollars in any one calendar year beginning January 1 and ending December 31, the Treasury will not pay for any portion of the amount of those losses that exceed the 5100 billion cap. Should the Secretary of the Treasury make a determination that the aggregate amount of loss from certified acts of terrorism has exceeded the $100 billion cap in a calendar year beginning January 1 and ending December 31, and we have met our insurer deductible under the Act, then we will not pay for any portion of loss resulting from a certified act of terrorism that exceeds $100 billion. Should the loss resulting from certified acts of terrorism exceed $100 billion in any one calendar year beginning January 1 and ending December 31, any covered losses up to $100 billion are subject to pro rata allocation according to procedures established by the Secretary of the Treasury under the Act. Any coverage provided by your policy in compliance with the Act is limited by the terms, conditions, 'limits, exclusions and other provisions of your policy. The terms of this coverage are not intended to provide coverage for any loss or damage that would be otherwise excluded under this policy by any other exclusion(s) that address war, military action or nuclear hazards. No terrorism exclusion or limitation is permitted to the extent that coverage is otherwise required by law. Accordingly, no such exclusion or limitation is permissible for coverage with respect to the peril of fire that is subject to New York Insurance Law Section 3404 or for workers' compensation insurance. An insured cannot voluntarily waive this statutorily mandated coverage. All other terms and conditions remain unchanged. TERR-COV ED. 1/15 RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Saturday 8:00 a.m. - 5:00 p.m Sunday Closed All Tenants are expected to have their stalls open during hours highlighted in lease. Any non- compliance as to these hours of operation may cause for daily fines of $100.00 per day. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing `,.hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such 1 1 containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 12 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs and Stall Coverings No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. Display cases, counters and stands, if covered, must be covered in black, red, green or white coverings. No sheets or floral prints allowed. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations or assaults in the market or on market grounds this includes threats to vendors, employees, customers or other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. 4. Huckstering is not permitted in the market. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any 13 scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1 — WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2— INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3— SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4— FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Camellia Meats . with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Term Size of Premises Base Rent Rent Permitted Use Governmental Authority CAM Floor Space Number _101 & 103 in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. As of July 1, 2016 ("Commencement Date") continuing through June 30, 2018. Deemed to be 621 rentable square feet on market floor and 327 rentable square feet for storage area. As set forth in Exhibit B attached hereto and made a part thereof. Collectively, all Base Rent and Additional Rent. Sale of Meats and Poultry related dry good i.e. spices. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. The United States, the State of New York and any political subdivision thereof or any local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by 1 Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $949.00 plus common area charges and monthly electric in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1/30t of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. 2 Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $ 66.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant' s operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant' s sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, -omission or- negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant' s trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. 3 ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) - Infurtherance. of .the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, 4 Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured' s general liability policy in connection with liability and damages arising out of the named insured' s business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant' s expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made 'the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such 5 further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. 6 ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise 7 permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored. in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs' and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. 8 Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord' s agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $0.00 (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and 9 inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: 1 By: Peter Cichocki Mailing Address: 1333 Genesee Street Buffalo,New York 14211 By: ContacNumber4'r � �� CITY OF BUFFALO GUARANTEE (If Required) The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 1 BROADWAY MARKET FLOOR PL,4R! EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN Camellia Meats 2016-2018 Sq. Ft. $/Sq. Ft. Yearly Monthly Base Rent Main Stand 412 $ 13.75 $ 5,664.00 $472.00 Storage/Wholesale Rent 118 $ 6.90 $ 816.00 $68.00 Main Stand Base Rent 2nd area 209 $ 13.75 $ 2,868.00 $239.00 Storage/Wholesale Rent 209 $ 6.90 $1,440.00 $120.00 2nd Stand Cooler Rental $600.00 $50.00 BASE RENT $ 11,388.00 $949.00 CAM $ 797.00 $66.00 TOTAL I $ 12,185.00 I $1,015.00 LEASE Plus Monthly Electric EXHIBIT C (Product Line) A. The Tenant's main product category shall be: X BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. o OTHER: B. The Tenant may also sell such additional products as listed below: RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. - 5:00 p.m. Friday 8:00 a.m. - 5:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours. Any non-compliance as to these hours of operation may cause for daily fines of $100.00 per day. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above 11 five feet (5') from the market floor. III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. 12 V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 13 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 Client#: 13111 CAMEL ACORDTM CERTIFICATE OF LIABILITY INSURANCE IDATE (MM/DD/YYVY) 10/28/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)., PRODUCER Scott Danahy Naylon LLC 300 Spindrift Drive Williamsville, NY 14221 716 633-3400 INSURED Camellia General Provision Co. Inc. 1333 Genesee Street Buffalo, NY 14211 COVERAGES CONTACT NAME: PHONE (A/C, No. Ext): 716 633-3400 E-MAIL ADDRESS: FAX 716-633-4306 (acNo): INSURER(S) AFFORDING COVERAGE 1 INSURER A: Hartford Ins Co of the Midwest 1 INSURER B: Hartford Casualty Insurance Com INSURER c : Technology Insurance Company 1 INSURER D : 1 INSURER E : 1 INSURER F : CERTIFICATE NUMBER: REVISION NUMBER: NAIC # 37478 29424 42376 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY JECT OTHER: D AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS X HIRED AUTOS B x UMBRELLA LIAB EXCESS LIAB X LOC SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMS -MADE DED 1 X1 RETENT ON $10000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N ADDLSUBR INSR WVD POLICY NUMBER 01 UUQTI6252 N/A TPP106128601 01XHQWZ3617 TWC3511655 (MM/DD/YYY) (MM/DD//YYYY) 06/01/2015 06/01/201 EACH OCCURRENCE LIMITS pqqM�pp� Tpp $1,000,000 PREMISES (EaEocccurrence) $300,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 06/01/2015 06/01/2016 (Ea aociden SINGLE LIMIT 51,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident( 6/01/2015 06/01/20161 EACH OCCURRENCE (AGGREGATE 10/21/2015 10/21 /20161 x I STAT( LIF 1 E.L. EACH ACCIDENT 1 E.L. DISEASE - EA EMPLOYEE 1 E.L. DISEASE - POLICY LIMIT OTH- ER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) The Certificate Holder is listed as Additional Insured under the general liability with regard to premises leased by the insured at: 999 Broadway, Buffalo, New York 14212 CERTIFICATE HOLDER CANCELLATION The Broadway Market 999 Broadway Buffalo, NY 14212 $4,000,000 $4,000,000 $ $100,000 $100,000 $500,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ALAN. ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #3187919/10187918 JMD BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Dexter L. Shaw, Sr. dba Dexter's Hats, Caps & Things, with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 40 D in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of July 1, 2016 ("Commencement Date") continuing through June 30, 2018. Hours of Operation Saturdays 8:00 — 5:00 pm plus 16 day Easter Festival Size of Premises Deemed to be 100 rentable square feet. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Men's Hats and Caps, men's dress shirts and ties. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. 1 discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $108.00 in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1130th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord 2 retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $8.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant's operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and 'furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. 3 ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the mariner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to 4 this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured's general liability policy in connection with liability and damages arising out of the named insured's business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant's expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. 5 (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof', without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of 6 inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. 7 (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. 8 Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $ na (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and 9 inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: Dexter L. Shaw, Sr. LANDLORD: Dba: Dexter's — Hats, Caps & Things By: Dexter L. Shaw, Sr. 82 Wood Avenue Buffalo, New York 14211 716-4-34.46-2-6— r9z.-v9h/ GUARANTEE (If Required) CITY OF BUFFALO By: Its: The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 BROADWAY MARKET FLOOR PLAN t Ho3 ; 100 302 104 r z1© 9 1 Lt EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN 2016-2018 Dexter's - Hats, Caps & Things Sq. Ft. $/Sq. Ft. Year 1 Monthly Base Rent 100 $13.00 $ 1,296.00 $108.00 Storage/Production Area BASE $1,296.00 $108.00 RENT CAM $96.00 $8.00 TOTAL CAM TOTAL LEASE Plus Monthly Electric Charges $1,392.00 $116.00 EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. ➢ OTHER: Selling of hats, caps, men's dress shirts & ties B. The Tenant may also sell such additional products as listed below: '4'c9-1?'" CERTIFICATE OF LIABILITY INSURANCE OP ID: DS DATE (MM/DD/YYYY) 02/09/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME CT Debbie Schihl United Insurance Agency, Inc. PHONEFAX 90 Bryant Woods South L,vc, No. E,�):716-632-6118 I (A/c. No): 716-631-5045 Amherst, NY 14228 A unless: dschihl@uiai.com John F. Perna PRODUCER DEXTE-2 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Selective Ins. Co. of America 12572 INSURED Dexter Shaw DBA Dexter's Hats Caps & Things 82 Wood Ave Buffalo, NY 14211 INSURER B: INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSR wvn POLICY NUMBER IMMIDDWYYY) IMM/DD/YYYY1 GENERAL LIABILITY EACH OCCURRENCE ' A X COMMERCIAL GENERAL LIABILITY X S2138925 11/18/2015 11/18/2016 1 DAMAGE IU r=g PREMISES (Ea occurrence) CLAIMS -MADE X OCCUR 1 MED EXP (Any one person) 1 PERSONAL & ADV INJURY 1 GENERAL AGGREGATE 1 PRODUCTS - COMP/OP AGG LIMITS , $ 1,000,000 $ 300,000 $ 10,000 $ Included $ 3,000,000 s. 3,000,000 $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY Fl .7°-., 1 1 LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS A X HIRED AUTOS X NON -OWNED AUTOS UMBRELLA LIAB EXCESS LIAR DEDUCTIBLE OCCUR CLAIMS -MADE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) • BODILY INJURY (Per person) $ S2138925 11/18/2015 11/18/2016 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (PER ACCIDENT) DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) City of Buffalo is named as Additional Insured under General Liability as Lessor of Premises siturated at 999 Broadway, Buffalo, New York 14212 per the extent of the written contract not to exceed the limits shown above CERTIFICATE HOLDER CANCELLATION CITYBU6 City of Buffalo 920 City Hall Buffalo, NY 14202 $ 1 EACH OCCURRENCE I $ 1 AGGREGATE 1 $ 1$ Is 1 1TORY LIIMIT$ 1 IOER I 1 E.L. EACH ACCIDENT 1$ 1 E.L. DISEASE - EA EMPLOYEE' $ E.L. DISEASE - POLICY LIMIT 1 $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. - 5:00 p.m. Friday 8:00 a.m. - 5:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open during hours highlighted in lease. Any non- compliance as to these hours of operation may cause for daily fines of $100.00 per day. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 11 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 12 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations or assaults in the market or on market grounds this includes threats to vendors, employees, customers or other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. 13 XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Hands and Paws , with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 40 I, 40 H (retail) & 47 A, 47 B (production), in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of July 1, 2016 ("Commencement Date") continuing through June 30, 2018. Size of Premises Deemed to be 150 square feet on market floor rentable square feet and 270 sq. ft. off market floor. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Dog treats, pet collars, towels and assorted pet items. Retail stand and production area. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. 1 Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $ 297.50 in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1/30th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, 2 reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $2 1 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense; obtain other utility services required for Tenant's operations, including, without limitation, telephone, interne, cable and or gas, and shall pay all charges relating to the same. $50.00/month electric charge. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairsdeemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. ARTICLE 7 3 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all tunes during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including but not limited to attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of 4 insurance shall state "The City of Buffalo is named as an additional insured on the named insured's general liability policy in connection with liability and damages arising out of the named insured's business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant's expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such further time a Tenant occupies the Premises or any part thereof: 5 (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. 6 ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or 7 ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a 8 lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $ NA (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and 9 any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: CITY OF BUFFALO By: fifer C ojecki '' By: Its: Tenant Address: 17 Burdette Drive Cheektowaga, New York 14225 Contact Phone Number: 716-632-0881 GUARANTEE (If Required) The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 BROADWAY MARKET FLOOR PLAN EXIT c:. 12)1 1073 ;` ] 10) 302 iO3 • BROADWAY 1 1 EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN Hands and Paws 2016-2018 Sq. Ft. $/Sq. Ft. Year 1 Monthly Retail Stand 150 $ 13.00 $ 1,950.00 $ 162.50 Production A 160 $ 6.00 $ 960.00 $ 80.00 (Production B 110 $ 6.00 $ 660.00 $55.00 f BASE $ 3,570.00 $ 297.50 RENT (CAM $ 252.00 $ 21.00 Electric (Storage) TOTAL LEASE $ 900.00 $ 75.00 $ 4,722.00 $ 393.50 EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. ➢ OTHER: Production of dog treats, retail stand for selling of dog treats, dog and cat items, pet collars and pet towels. B. The Tenant may also sell such additional products as listed below: CERTIFICATE OF LIABILITY INSURANCE CHOJ-M3 OP ID: SP DATE (MM/DD/YYYY) 09/01/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ICONTACT Moses Insurance GroupPHONE FAX WWW.MOSESINSURANCE.COM I (A/C, No. ExtI:716-634-1212 (A/C, Ne); 716-634-1230 5475 Main Street I E-MAIL Williamsville, NY 14221-6790 ADDRESS: I INSURED Mark & Jennifer Chojecki Hands, Paws, Cookies & Treats 17 Burdette Dr Buffalo, NY 14225-1703 COVERAGES INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Preferred Mutual Ins. Co. 15024 INSURER B : IINSURER C : +INSURER D: I INSURER E : I 1 INSURER F : 1 CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH {yPP1OLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTYPE OF INSURANCE IINRI WV/1 DDL SUBR POLICY NUMBER IMM/DI POLICY EFF IMMIDDIYYYCY PY) LIMITS A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR X BOP0100707094 X Business Owners GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY ELOC OTHER: AUTOMOBILE LIABILITY ANY AUTO _ ALL OWNED _ AUTOS HIRED AUTOS UMBRELLA LIAB EXCESS LIAB DED 1 1 RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMS -MADE NIA 09/10/2015 09/10/2016 I DAMAGE TO REN FEU PREMISES (Ea occurrenoel 1 MED EXP (Any one person) 1 PERSONAL & ADV INJURY IGENERAL AGGREGATE 1 PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE I STATUTE I I ERH E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEEI $ E.L. DISEASE - POLICY LIMIT I $ DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) CERTIFICATE HOLDER City of Buffalo 920 City Hall Buffalo, NY 14202 ACORD 25 (2014/01) CANCELLATION 1,000,000 50,000 10,000 1,000,000 2,000,000 2,000,00C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE iL © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Permanent full-time tenants are expected to have their stalls open and operating during regular market hours. Part-time vendors are open on Saturdays throughout the year and during Christmas and Easter Festival dates. Seasonal vendors are open Saturdays October through Easter. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 11 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a 12 delivery, during market hours. There will be no deliveries prior to 5:00 a.rn. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. 13 XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and _Lewandowski Produce c/o Daria Parker _, with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Term Size of Premises Base Rent Rent Permitted Use Governmental Authority CAM Floor Space Number _98 & 99 in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. As of July 1, 2016 ("Commencement Date") continuing through June 30, 2108. Deemed to be 400 rentable square feet on market floor and _200 rentable square feet for storage area plus one cooler rental. As set forth in Exhibit B attached hereto and made a part thereof. Collectively, all Base Rent and Additional Rent. Sale of fresh fruits, vegetables, honey, jams and plants. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. The United States, the State of New York and any political subdivision thereof or any local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by 1 Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $ 583.00 plus common area charges and monthly electric in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1130th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $ 41.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant' s operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord ner meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant' s sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by - any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant' s trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. 3 ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant' s contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant' s use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In- furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen' s compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, 4 Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured' s general liability policy in connection with liability and damages arising out of the named insured' s business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant' s expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such 5 further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. 6 ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant' s assets located In the Premises or of Tenant' s interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant' s interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise 7 permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (1) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. 8 Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord' s right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord' s agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $_0.00 (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and 9 inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under jaw to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: By: Daria Parker Mailing Address: 999 Broadway Buffalo, New York 14212 Contact number: '7 ((o ._ (to -kat/ GUARANTEE (If Required) CITY OF BUFFALO By: Its: The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. Vendor Contact Information for Market Website: 10 BROADWAY MARKET FLOOR PLAN 471. 63. . e 6% A ,B 1 .3.3.0.6"3.33A 3 ..333A,3 t 3 0 Al 333333343 ; • 43 et Inatoreap.mai G J 4 119 K EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN 2016-2018 LEWANDOWSKI PRODUCE Sq. Ft. $/Sq. Ft. Yearly Monthly Retail Stand # 1 400 $ 13.00 $ 5,200.00 $433.00 Storage/Wholesale 200 $ 6.00 $ 1,200.00 $100.00 Stand #1 Cooler/Storage/ . $ 600.00 $50.00 Case Rental Outside Cooler BASE $ 7,000.00 $583.00 RENT CAM $ 490.00 $ 41.00 TOTAL $ 490.00 $41.00 CAM TOTAL $ 7,490.00 $624.00 LEASE Plus Monthly Electric EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. ➢ PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. o OTHER: B. The Tenant may also sell such additional products as listed below: RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. - 5:00 p.m. Friday 8:00 a.m. - 5:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours. Any non-compliance as to these hours of operation may cause for daily fines of $100.00 per day. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. 11 III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles; without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. 12 Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use 13 the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 �^�..-�■� LEWA-P1 OP ID: SP Aim C�ROA DD/YYYY) TE (MM/ `...- CERTIFICATE OF LIABILITY INSURANCE DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Moses Insurance Group PHONE WFAX WW.MOSESINSURANCE.COM (NS,No.an:716-634-1212 1 (A/C.No): 716-634-1230 5475 Main Street E-MAIL Williamsville, NY 14221-6790 ADDRESS: INSURED Daria M Parker dba Lewandowski Produce 999 Broadway Buffalo, NY 14212-1369 COVERAGES INSURER(S) AFFORDING COVERAGE INSURER A: National Grange Mutual INSURER B : INSURER C INSURER D : INSURER E: INSURER F: CERTIFICATE NUMBER: REVISION NUMBER: NAIC 14788 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT %NTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OFINSURANGE '9DDL>UBR POLICY EFF POUCY EXP OMITS LTRANMD WVD POLICY NUMBER IMD/Y M/DIVYYYY) IMWDYYYI A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X BPU6042K X Business Owners GENT_ AGGREGATE LIMIT APPLIES PER IPOLICY JECT LOC OTHER AUTOMOBILE LIABILITY ANY AUTO — ALL OWNED SCHEDULED _ AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS UMBRELLA UAB OCCUR EXCESS UAB + CLAIMS -MADE DED 1 1 RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) It yes. describe under DESCRIPTION OF OPERATIONS below YIN NIA 1 EACH OCCURRENCE 07/09/2015 07109/20161 DAhWGETORENIED PREMISES (Ea ooeurrencet MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS-COMP/OP AGG COMBINED SINGLE LIMIT /EaBODILY INJURY (Per person) BODILY INJURY (Peraccident) PROPERTY DAMAGE /Per accident) 5 500,000 S 500,000 $ 10,000 $ 500,000 $ 1,000,000 $ 1,000,000 S 5 $ S S $ EACH OCCURRENCE S AGGREGATE S $ 1 STATUTE 1 1 ERS EL EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE S EL DISEASE - POLICY MIT $ PROPERTY 5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddiUonat Remarks Schedule, may be attached If more space Is required) Certificate holder is listed as additional insured. CERTIFICATE HOLDER CANCELLATION City of Buffalo 920 City Hall Buffalo, NY 14202 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/011 The ACORD name and logo are registered marks of ACORD BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of S te ber 1, 2015 between THE CITY OF BUFFALO, a municipal corporation having offices a Halj, B ff lo, New York 14202 with a ("Landlord") and Lupus Meats c/o Petru Lupas , principal place of business at 999 Broadway, Buffalo MY ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 100 & 102 in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of September 1, 2015 ("Commencement Date") continuing through August 31, 2017. Size of Premises Deemed to be 954 rentable square feet on market floor and 492 rentable square feet for storage area. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Sale of Meats and Poultry related dry good i.e. spices. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. 1 /7 Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Tenn, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $ 1,477.00 plus common area charges and monthly electric in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1/30th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any 2 part thereof, including the Common Areas. Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $ 100.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant's operations, including, without limitation, telephone, interne, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. 3 ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, 4 Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured's general liability policy in connection with liability and damages arising out of the named insured's business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant's expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. , (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such 5 further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. 6 ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise 7 permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (0 Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. 8 Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $ 0.00 (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and 9 inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: x BY: /01 TA Ga G Gt s OGt/4; f f //Zjri2 a/I V Aifi%-kd ADDRESS / /' 3 PHO E NUMBER GUARANTEE (If Required) CITY OF BUFFALO By: Its: The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 BROADWAY -MARKET FLOOR PLAN iti 40:bloz '- 4 „,. 20 7,k -10 , ` .. '......,..........„... j--- . , ,. , WI! pgp4ipw4Y,f EXHIBIT B BROADWAY MARKET Lupas Meats Retail Stand # 1 Storage/Wholesale Stand #1 Retail Stand #2 Storage/Wholesale Stand #2 Frozen Food Area 1 TENANT RENT BREAK DOWN 2015-2017 Sq. Ft. S/Sq. Ft. 405 $ 13.75 120 $ 6.90 Year 1 Monthly $ 5,568.00 $464.00 $ 828.00 $69.00 429 $ 13.75 $ 5,904.00 $492.00 120 $ 6.90 $ 828.00 $69.00 120 Storage Frozen Food 120 Area Cooler/Storage/ Case Rental Outside Cooler Storage /Wholesale 132 Rent Storeroom East BASE RENT CAM (Retail) CAM (Storage) TOTAL CAM TOTAL LEASE 1 1 1 Plus Monthly Electric $13.751 $1,656.001 $138.00 $6.901 $828.001 $1,200.00 $100.00 $69.00 $6.90 $912.00 $76.00 1 I$ 18,92400 $1,577.00 $ 17,724.00 $1,477.00 1,200.00 I $ 100.00 $0.001 $0.00 1,200.00 $100.00 EXHIBIT C (Product Line) A. The Tenant's main product category shall be: X BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. 0 0 0 0 0 0 0 0 0 0 0 POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). FISH STAND: a stand selling fish. BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. PRODUCE STAND: a stand selling fresh fruits and vegetables. SUNDRIES STAND: a stand selling many different or small things. MERCANTILE: a stand selling a wide variety of small non -edible merchandise. RESTAURANT: a place serving food where people go to eat. COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. SERVICES: a stand selling services, usually of a professional or skilled nature. OTHER: B. The Tenant ay also sell such additional products as listed below: RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday — Fray 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours. Any non-compliance as to these hours of operation may cause for daily fines of $100.00 per day. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall 11 into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries 12 after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 13 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 A.C-0 R12, CERTIFICATE OF LIABILITY INSURANCE LUPAS-2 OP ID: DB I DATE (MM/DDIYYYY) 06/25/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 716-648-3230 CONTACT Benz Associates LLC Fax: 716-648-3589 PHONE FAX 36 Buffalo Street (AC. No. Ext): I (NC. No): Hamburg, NY 14076 E-MAIL Richard Benz ADDRESS: INSURED Lupas Meats dba Petru Lupas 999 Broadway Market Stand 34 Buffalo, NY 14212-1369 INSURER(S)AFFORDING COVERAGE NAIC # INSURERA:Erie Insurance Company 113 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY 'THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IaS)pprn POLICY NUMBER IMWDD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 — A COMMERCIAL GENERAL LIABILITY Q97-1120362 10/16/2016 10/16/2016 DAMAGE TO RENTED 1,000,00 PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR X Business Owners GEN'L AGGREGATE LIMITAPPLIES PER: 7 POLICY I I PRo- fl LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA LIAB SCHEDULED AUTOS NON -OWNED AUTOS EXCESS LIAB DED I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS helgw OCCUR CLAIMS -MADE Y/N N/A DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION City of Buffalo Buffalo, NY MED EXP (Any one person) $ 6,00 PERSONAL &ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 PRODUCTS - COMP/OP AGG $ 2,0000 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) EACH OCCURRENCE $ AGGREGATE $ $ TORY L MITS IER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ PROPERTY 16,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/06) The ACORD name and logo are registered marks of ACORD BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and RWL Enterprises , with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"), ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space 40 E& D in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of July 1, 2016 ("Commencement Date") through June 30, 2018. Size of Premises Deemed to be 144 square feet on market floor rentable square feet. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Ceramic hand painted items as well as silver jewelry with gem stones. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $156 in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1/30th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at 2 the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $11 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant's operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. ,Eiecfiic to be billed monthly by Landlordper meter rfPremises is metered ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, 3 including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, Toad unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the 4 Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including but not limited to attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured's general liability policy in connection with liability and damages arising out of the named insured's business operations at the Broadway Market, 999 Broadway, Buffalo, New York. 5 (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of Toss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenants sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant's expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free 6 of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically 7 powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the removed signs, lettering or inscription. ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the 8 adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any Toss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. 9 (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (1) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. 10 ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $_NA (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures 11 and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: 4°1= - By: Tenant Address CITY OF BUFFALO By: Its: /71ti,,krPifer'�/2 We. 7'3&fle 4 /0//440 Contact Phone Number 7/4 - 6 77- /� 1 12 $OP100804F1 Renewal of Number Policy No. BOP1008046 Named Insured and Mailing Address: Richard W Lehr DBA RWL Enterprises 176 Christopher West Seneca, NY 14224 RLI Insurance Company 9025 North Lindbergh Drive Peoria, IL 61615 HOME BUSINESS INSURANCE POLICY DECLARATIONS Administrator Name and Mailing LoVullo Associates,Inc/900000 6450 Transit Road Depew, NY 14043 Policy Period: Insured's Brokering Agent: From 03/12/16 to 03/12/17 at 12:01 A.M.* The Keller Group, Inc/900460 Standard Time at your mailing address shown above. *Exceptions: 12:00 noon in Michigan, North Carolina, and Puerto Rico. In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. BUSINESS DESCRIPTION Form of Business: ® Individual Form Applicable ❑ Standard ® Special Address: ❑ Joint Venture/Partnership ❑ LLC Business description: Ceramics; Floral Arrangement DESCRIBED PREMISES 176 Christopher West Seneca, NY 14224 PROPERTY Limits of Insurance for Buildings *Actual Cash Value - Buildings Option (Y/N) *Automatic Increase - Business Personal Property Limit (%) Business Personal Property Deductible $ 250 Minimum Earned Premium Additonal/Optional Coverages — Applicable only if an "X" is shown in the boxes below: 1. 0 Money and Securities (Special Form only) $ Inside the Premises 0 $ 2. 0 Jewelry and Watch Increased Theft Coverage 3. ® Other (specify) Additional Insured, Terrorism ADDITIONAL INTEREST 0 Organization (Any Other) PREM. NO. 11 BLDG. NO. PREM. NO. 2 BLDG. NO. $ N/A $ N/A 4 % % $ 7.113 $ Limits of Insurance $ 76 PREM. NO. 3 I BLDG. NO. $ N/A Outside the Premises LIABILITY AND MEDICAL PAYMENTS Each paid claim for the following coverages reduces the amount of insurance we provide during the applicable annual period. Please refer to Section II — Liability in the Businessowners Coverage Form and any attached endorsements. Limits of Insurance Liability and Medical Expenses $500,000 per occurrence Medical Expenses $ 5,000 per person Damage to Premises Rented to You $ 50,000 any one premises Other Than Products/Completed Operations Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 FORMS AND ENDORSEMENTS Forms and Endorsements made part of this policy at time of issue: Please see reverse side. PREMIUM Policy Florida Premium $ 304.00 HCF Surcharge $ 0.00 CPIC Surcharge $ 0.00 *C..nvaraca for (:artifiarl Artc of Tarrnricm 5g1 (1(1 Florida Total Annual Premium $304.00 Countersigned: By Authorized Representative THESE DECLARATIONS, TOGETHER WITH THE COVERAGE FORM(S), COMMON POLICY CONDITIONS AND FORMS, AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THERE OF, COMPLETE THE ABOVE NUMBERED POLICY. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1984, 1985 01/26/16 LoVullo Associates,Inc/900000/09623 The Keller Group, Inc/900460/88036 BOP 0001 (01/10) Policy Number: BOP1008046 RLI Insurance Company THIS ENDORSEMENT CHANGES YOUR COVERAGE. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS PERMITS RELATING TO PREMISES This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Paragraph C. Who Is An Insured in SECTION II — LIABILITY is amended to include as an insured any state or political subdivision shown in the Schedule, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations. (If no entry appears below, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) State Or Political Subdivision: City Of Buffalo 999 Broadway Buffalo, NY 14212 BOP 407 (07/02) SCHEDULE ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Contains copyrighted material of Insurance Services Office, Inc. Page 1 of 1 RLI City Of Buffalo 999 Broadway Buffalo, NY 14212 BROADWAY MARKET FLOOR PLAN EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN RWL Enterprises 2016-2018 Sq. Ft. $/Sq. Ft. Year 1 Monthly Retail Stand 144 $ 13.00 $ 1,872.00 $156.00 BASE $ 1,872.00 $156.00 RENT CAM $ 132.00 $ 11.00 (Retail) CAM (Storage) TOTAL $ 2,004.00 $167.00 LEASE Plus Monthly Electric when applicable EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. ➢ ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o ..SERVICES: a stand selling services, usually of a professional or skilled nature. o OTHER: B. The Tenant may also sell such additional products as listed below: GUARANTEE (If Required) The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market Hours unless tenant is a Saturday only vendor. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the 13 installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. 111. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 10Ib. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 14 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. 15 VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. 16 XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1 — WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2— INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3— SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4— FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 17 U:J/ L4/ LU10 1 J. JO ACO t10'—OIt-407:! r GLC./ urrj..0 Jo7o CERTIFICATE OF LIABILITY -INSURANCE r rlvc U I etas IMNIOs/YY/Y) DS/03/2'016 THIS CERTIFICATE IS ISSUI:D AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(3), AUTHORIZED REPRESENTATIVE.OR PROI+UCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certifies* holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed, If SUBROGATION I8 WAIVED, subject to the terms and conditions of I he policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of 94th endorsement(s). PRODuCER INSURED LoVullo Aseoclates. Inc. 6450 Transit Road Depew, NY 14043 Richard W. Lehr dba RWL Enterprise; 116 Christopher West Seneca, NY 14124 COVERAGES • THIS IS TO CERTIFY THAT THE INDICATED, NOTWITHSTANOIN CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONDITIONS IyR1 TYPe OF WBUMNCe A X COMMERCIAL OCNERAL UA IM$•MADC OPP 67,113 0 GUN I ALT IyAMFy sworn ,y; (7161 675.9075 AgessesR 5s:: The Keller Group Inc INSURISR(SI AFFORDING COVERAQe INQYRBR A:RLI INSURANCE COMPANY IN9uneR B INBURFR C: INeuRER o INBtRER E: INSURER F e 1 Iva. Nd.y; (716) 675-5079 RAID* 13056 CERTIFICATE NUMBER:, RBASION,NUMBER:_ _. POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THEPv CY PERIOD 3 ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 7R MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TI:RM9, 7F SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. LI G@N'L AGGREGATE LIMIT APPLie6 Ft 2R, „-� POI' L_i JJEEOT 9TNeR: AUTOMOBILE, LIABILITY ANY AUTO _ ALL OWNED A(1TOa MIRED AUTOS I UMBReI, A umi E*DEBB u,'* 1 OED l 1 peTENTION I WORIrdR5 COMPENSATION FANO EAIPLOYERB' LLOEerr7 !ANY FQDPRIETORP11RTNERImCWI'r IOFMandasory In NMmeo0ER EkC UOEDT 1u I Tea. Osgood. uncle.• OaSORIPT,ON OF OPPRATIONS agyn SCI! DI 1.00 AUTOS NONau •NED AVTO.e OCCUR CI:AI NS.MADE YIN AUUL butsN IND x N POLICY NUMBER BOP1008046 (frelp iw( jlinruo�o�vYYx, I LIMITS 03/1212016 031121,201.71 EACh OCCURRENCE UA11lair TO HpN I CO PREMISE$ (E4 acCvr,anC*L $ I MED E)IP (Any one person) 5 1 PERSONAL & ADV INJURY GENeRAUAGGEEGATE 5 S 5 S I PRODUOT$• COMP•OP AOC COMBINED gook E LIMN IEa acatlaall 0001LY INJURY (Per pampa) S 000iLY INJURY IPer acciasm) 5 PROPER(Y OAMAGB P act ens! IFACr.000CURRENCE IAGGREGATE 1 STATUTE I 1 arm- �- C.L.EACHACCIDENT 5 1 f:.L. O1SEASE • SA EMPLOYEE 5 E.L. EiSEAS5 • POUCY IJMIT 5 DESCRIPTION OF OPERATIONS LOCATION ➢/ VEHICLES (ACORO 101. AAdIUonst Remarim Oa/what, may O. attached U more apace Is rsgq.eo) City of Buffalo is also listed as ass Additional Insured CERTIFICATE HOLDER City of Buffalo 920 Ctty Hall Buffalo, NY 14202 ACORD 25 (2014101) CANCELLATION 600,000 50,000 5,000 1,000,000 1,000,000 SHOULD ANY OF THE ABOVE DESCR18ED POLICIES DE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, MATHDRILED REPR05evTATIVe PLA 4A. 01968-2014 ACORD CORPORATION. All illghts reserved. The ACORO name and logo ate registered marks otACORD BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of July 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Spices & Mixes by Milly , with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 84 in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of July 1, 2016 ("Commencement Date") continuing through June 30, 2018. Size of Premises Deemed to be 300 square feet on market floor rentable square feet. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Spices, blends & seasonings, dip mixes, loose teas, soup mixes and marinades. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by Landlord and or payable by Tenant hereunder. 1 Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $325.00 in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1/30th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. 2 Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $23.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant's operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord ver meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant's sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination ofthis Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. 3 ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including but not limited to attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. 4 The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing . address c/o City of Buffalo management office at _Broadway. Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured's general liability policy in connection with liability and damages arising out of the named insured's business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises - to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant's expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. 5 Section 7.2. Negative Covenants. Tenant covenantsat. alltimes during the Term and such.. further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the 6 removed signs, lettering or inscription. ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any_ law relating to bankruptcy;. the appointment of a. trustee or receiver to take possession of:...,, substantially all of Tenant's assets located In the Premises or of Tenant's interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or 7 ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior .notice and demand are hereby, expressly waived. Landlord may, .at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant, Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a 8 lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein- expressly -set -forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $ NA (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and 9 any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, .be required under law to perfect the security interest of Landlord and shall pay to Landlord all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: LANDLORD: Tenant Address 1455 South Park Avenue, Buffalo, New York 14220 Contact Phone Number 716-310-2321 GUARANTEE (If Required) CITY OF BUFFALO Its: By: The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 BROADWAY MARKET FLOOR PLAN 53' xc� x4z 1 45 = N 4 i 0: K • r Tit! /11 ;i 41 IsI EXHIBIT B BROADWAY MARKET TENANT RENT BREAK DOWN Millies Spices 2016-2018 Sq. Ft. $/Sq. Ft. Year 1 Monthly Retail Stand 300 $ 13.00 $ 3,900.00 $325.00 BASE $ 3,900.00 $325.00 RENT CAM $ 276.00 $ 23.00 (Retail) CAM (Storage) TOTAL $ 4,176.00 $348.00 LEASE Plus Monthly Electric when applicable EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. o BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. ;,➢ OTHER: Spices, Blends, Seasonings, Dips, Mixes, Loose Teas, Soup Mixes & Marinades B. The Tenant may also sell such additional products as listed below: ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/19/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION- ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I NAMEACT Cindy 'Solly Walsh -Jones Agency, Inc. PHO ye_ Ertl_ (716) 675-2100 I (ac. Not: (716) 675-2104 3638 Seneca Street ADDRESS: Weat Seneca NY 14224 INSURED Milagro Ferrer, DBA: Spices and Mixes by Milly 1455 South Park Avenue Buffalo COVERAGES csolly@walshjonea.com INSURER(S) AFFORDING COVERAGE IINSURER A:Erie & Niagara Insurance Co. I INSURER B I INSURER C : I INSURER D 1 INSURER E : NY 14220-1040 IINSURERF: CERTIFICATE NUMBER:CL1641900983 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE IADDL SUER In(,sn wvn X COMMERCIAL GENERAL LIABILITY NAIC # A CLAIMS -MADE X OCCUR II hGEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE DED l I RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) It yes, describe under DESRIPTION OF OPERATIONS below Y/N NIA POLICY NUMBER POLICY EFF POLICY EXP (MMIDD/YYYYI (MMIDD/YYYY) MP0003116 5/1/2016 5/1/2017 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident( EACH OCCURRENCE AGGREGATE $ STATUTE I I ERH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) CERTIFICATE HOLDER City of Buffalo 920 CIty Hall Buffalo, NY 14202 CANCELLATION 1,000,000 500 2,000,000 2,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Julius Aebly/JAD ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (2m4nn RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market Hours unless tenant is a Saturday only vendor. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 11 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the .aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a 12 delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside.._ only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations and/or assaults in the market or on market grounds. This Zero Tolerance Policy includes but is not limited to threats to vendors, employees, customers and/or any other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. 13 XIII. Code of Ethics 1... Overcharge or short weight will not. be tolerated. _It shall be. the responsibility of every,:. Tenant to ascertain that each and every customer receives full measure or weight of each product purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the city of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the,. _ ., product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of April 1, 2016 between THE CITY OF BUFFALO, a, municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and Rebecca Foote dba Becki's Bakery_, with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 47 D in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of April 1, 2016 ("Commencement Date") continuing on a month to month basis thereafter. Size of Premises Deemed to be 264 rentable square feet Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Bakery items including fruit breads, fruit cookies, muffins, jelly rolls and other assorted baked goods. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by 1 Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, is fully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $209.00 in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1130th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. 2 Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $18.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant' s operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant' s sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant' s trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. 3 ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. 4 The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured' s general liability policy in connection with liability and damages arising out of the named insured' s business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant' s expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. 5 Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the 6 removed signs, lettering or inscription. ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant' s assets located In the Premises or of Tenant' s interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant' s interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord.may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior 7 notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker's commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the 8 earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the'parties are incorporated in this Lease. Landlord or Landlord's agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $ (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord 9 all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: a1 Byj Rebecca Foote (Printed Name) R .60 Address: 25 Briggs Avenue Buffalo, New York 14207 Phone: 716 3354719 GUARANTEE (If Required) LANDLORD: CITY OF BUFFALO By Its: The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 BROADWAY MARKET FLOOR PLAN 2015 -2016 4 BROADWAY 1 EXHIBIT B BROADWAY MARKET RENT BREAKDOWN BECKI'S BAKERY Sq. Ft $ISq. Ft. Monthly Yearly Base Rent Retail 'Base Rent Production BASE RENT Cooler Rental Common Area Charge TOTAL LEASE Plus Monthly Electric 132 $13.00 132 $6.00 na na 2016 $143.00 $ 1,716.00 $66.00 $ 792.00 $ 2,508.00 $50.00 $ 600.00 $18.00 $ 216.00 $277.00 $ 3,324.00 $100.00 $1,200.00 EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese) o FISH STAND: a stand selling fish. ➢ BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o ..:SERVICES: a stand selling services, usually of a professional or skilled nature. o OTHER: B. The Tenant may also sell such additional products as listed below: 2127568 Beckis Bakery Certificate of Insurance (page 1 of 1) 11/16/2015 09:44:27 AM ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 11/16/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ICONTACT NAME: PHONE Insureon (BIN Insurance Holdings LLC.) Iran. Ext): 855-797-6786 1301 Central Expy. South, Suite 115 I ADDRESS: I Allen, TX 75013I PRODUCER CUSTOMER ID It: INSURED Beckis Bakery 25 Briggs Ave. Buffalo, NY 14207 FAX No): (877) 826-9067 INSURER(S) AFFORDING COVERAGE NAIC !/ INSURERA: United States Liability Insurance Group 25895 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 'OLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IA(,4R WVD POLICY NUMBER (MM/DDIYYYY1 IMM/DD/YYYY) GENERAL LIABILITY A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ✓ OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: GE ' POLICY 7IPRO- 1 I LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 1 UMBRELLA LIAB EXCESS LIAB DEDUCTIBLE OCCUR CLAIMS -MADE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN Yes N/A TBA 84 SBA 1436 11/25/2015 11/25/2016 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) The City of Buffalo is named as Additional Insured as their interests may appear in regards to general liability CERTIFICATE HOLDER The City of Buffalo 920 City Hall Buffalo, NY 14212. EACH OCCURRENCE IDAMAGE TO RENTED PREMISES (Ea occurrence) 1 MED EXP (Any one person) I PERSONAL & ADV INJURY 1 GENERAL AGGREGATE I PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE (AGGREGATE TORY LI ITS I I OER 1 E.L. EACH ACCIDENT $ 1,000,000 $ 100,000 $ 5,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. 5:00 p.m. Friday 8:00 a.m. - 5:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours. Any non-compliance as to these hours of operation may cause for daily fines of $100.00 per day. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 11 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries 12 after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations or assaults in the market or on market grounds this includes threats to vendors, employees, customers or other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product 13 purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. 'Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 BROADWAY MARKET LEASE AGREEMENT OF LEASE (hereinafter "Lease") dated as of April 1, 2016 between THE CITY OF BUFFALO, a municipal corporation having offices at 901 City Hall, Buffalo, New York 14202 ("Landlord") and TLR Property Development, LLC dba Mazurek's Bakery, Inc._, with a principal place of business at 999 Broadway, Buffalo NY ("Tenant"). ARTICLE 1 DEFINITIONS Whenever used in this Lease, the following terms shall have the meanings indicated below: Premises Floor Space Number 87 & 88 in the building locally known as The Broadway Market, 999 Broadway, Buffalo, New York ("Building") as shown outlined and cross -hatched on the floor plan of the Building attached hereto as Exhibit A and made a part hereof. Term As of April 1, 2016 ("Commencement Date") continuing on a month to month basis thereafter. Size of Premises Deemed to be 500 rentable square feet. Base Rent As set forth in Exhibit B attached hereto and made a part thereof. Rent Collectively, all Base Rent and Additional Rent. Permitted Use Bakery items including cakes, cookies, coffee cakes, pizza rolls, sugar waffles, pies and other assorted baked goods. Tenant's use of the Premises as aforesaid shall be non-exclusive and Landlord may lease spaces in the Building to other tenants for same or similar use. Notwithstanding the foregoing, Tenant shall only display, sell or offer for sale those products described on Exhibit C annexed hereto or as are otherwise directly associated with Tenant's Permitted Use. Governmental The United States, the State of New York and any political subdivision thereof or any Authority local public or quasi -public authority, agency, department, commission, board, bureau or instrumentality of any of them including, with respect to matters pertaining to insurance, boards of fire underwriters, rating bureaus and the like, to the extent they have power to. CAM Common Area Maintenance Charges as determined by Landlord in Landlord's sole discretion. Additional Rent CAM Charges, electric charges, storage charge and any other charges assessed by 1 Landlord and or payable by Tenant hereunder. ARTICLE 2 LEASE OF PREMISES Section 2.1 Lease of Premises. Landlord hereby leases to Tenant "as -is", and Tenant hereby hires and takes from Landlord "as -is", the Premises for the Term, commencing on the Commencement Date, subject to the terms, covenants, conditions and provisions of this Lease. Section 2.2 Reserved. Section 2.3 Affirmation of Condition. Tenant explicitly acknowledges and agrees that he, she or it has inspected the Premises, isfully familiar with the physical condition and state of repair thereof and shall accept the Premises in "as -is" condition. Tenant also acknowledges and agrees that Landlord has made no statement, representation or warranty to Tenant concerning the habitability or suitability of the Premises for the Permitted Use. ARTICLE 3 Rent Section 3.1 Base Rent. Starting on the Commencement Date, Tenant shall pay the Base Rent in equal monthly installments of $395.00 in advance on the first day of each calendar month included in the Term. Section 3.2 Base Rent for a Partial Month. For any portion of a calendar month included at the beginning or end of the Term, Tenant shall pay 1130th of each monthly installment of Base Rent for each day of such portion, payable in advance at the beginning of such portion. Section 3.3 Payment. All Rent shall be paid in lawful money of the United States which shall be legal tender for payment of all debts and dues, public and private, at the time of payment, at the address of Landlord set forth in this Lease or at such other place as Landlord in writing may designate, without any set-off, defense or deduction whatsoever and without any prior demand therefor. ARTICLE 4 Common Areas Section 4.1 Use of Common Areas. Landlord hereby grants to Tenant a non-exclusive license to use (a) those areas of the Building designated by Landlord from time to time for use in common by all Tenants of the Building; (b) the parking areas on the Property; and (c) the public conveniences of the Property, including the sidewalks. Said areas are hereinafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves a non-exclusive right to the use of the Common Areas and to increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of the Property or any part thereof, including the Common Areas. 2 Section 4.2. Starting on the Commencement Date, Tenant shall reimburse Landlord for its pro rata share of CAM Charges in equal monthly installments of $27.00 in advance on the first day of each calendar month included in the Term. CAM Charges for any partial month shall be calculated as provided in the same manner as such payments of Base Rent pursuant to Section 3.2. ARTICLE 5 Utilities Tenant shall (if applicable and in Landlord's sole discretion) purchase electricity consumed at the Premises from Landlord. The Premises shall be separately metered and Tenant shall timely pay for consumption of the same to the Landlord on a monthly basis. Alternatively and or in addition, if the Premises are not fully separately metered, the Landlord shall have the right to charge a flat electric fee on a monthly basis to the Tenant. Tenant shall, at its sole cost and expense, obtain other utility services required for Tenant' s operations, including, without limitation, telephone, internet, cable and or gas, and shall pay all charges relating to the same. Electric to be billed monthly by Landlord per meter if Premises is metered. ARTICLE 6 Additional Covenants Section 6.1 Repairs. Tenant, at Tenant' s sole expense, shall maintain the Premises and make all repairs deemed necessary by the Landlord to the Premises, including but not limited to, maintenance and repair of all plate glass of the Premises. Tenant shall also, at its sole cost and expense, keep the Premises and the surrounding Common Areas free of vermin. Notwithstanding any other provision of this Section 6.1, Tenant shall pay for all repairs resulting from any damage caused by any act, omission or negligence of Tenant or its invitees, licensees, their respective officers, agents and employees or their customers. Section 6.2 Ownership of Improvements. All installations, alterations or improvements upon the Premises made by Tenant and any replacement of the same or any part thereof, shall, unless Landlord otherwise elects by giving Tenant notice prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant' s trade fixtures and furniture. Section 6.3 Landlord's Right to Relocate Tenant. Landlord may, and at its sole cost and expense, relocate Tenant to other space within the Building; provided that such space is of comparable size and dimensions to the Premises provided such relocation is necessary to accommodate the expansion of any existing tenant or the entry of a new tenant in the Market or is otherwise deemed by Landlord in Landlord's sole discretion to be in the best interest of the Market. 3 ARTICLE 7 Tenant's Additional Covenants Section 7.1 Affirmative Covenants. Tenant covenants at all times during the Term: (a) To continuously and uninterruptedly use, occupy and operate the Premises for only the Permitted Use and for no other use or purpose. (b) To store all trash and refuse, including, without limiting the generality of the foregoing, all chemical and printing waste and by-product, in appropriate containers within the Premises and to attend to the disposal thereof in the manner approved by Landlord; to keep all drains inside the Premises open; and to receive, deliver, load unload goods, merchandise, supplies, fixtures, equipment, furniture and rubbish, through proper service docks as may be designated from time to time by Landlord in writing. (c) To pay promptly when due the entire cost of any work or repairs to the Premises, including equipment and facilities therein, undertaken by Tenant so that the Premises and all of Tenant's contents, personal property, equipment and inventory shall, at all times, be free of encumbrances of liens, including liens for labor and materials; to procure all Necessary Approvals before undertaking such work; to do all such work in a good and workmanlike manner and with materials acceptable to Landlord. (d) To defend and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage (including attorneys' fees and disbursements incurred by Landlord in conducting an investigation and preparing for and conducting a defense) to any Person or property, arising from, related to, or in any way connected with the Tenant's use or occupancy of the Premises or the conduct or operation of Tenant's business. (e) In furtherance of the foregoing indemnity, the Tenant must maintain with companies approved by Landlord (i) comprehensive general liability insurance against all claims, demands or actions for injury or death to persons or property of not less than $1,000,000.00 per occurrence, which insurance shall name Landlord, its agents, servants, employees, contractors, licensees and invitees as additional insured; (ii) fire and property damage insurance with extended coverage, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached as Landlord reasonably may, from time to time, approve or require, covering all fixtures and equipment, stock in trade, furniture, furnishings, improvements or betterments installed or made by Tenant in, on or about the Premises to the extent of at least 100% of their replacement value, without deduction for depreciation; (iii) workmen's compensation, disability and such other similar insurance (all on the New York form) covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises. All of said insurance shall be in a form and with deductibles satisfactory to Landlord and shall provide that it shall not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Each such general liability insurance policy or policies shall name Landlord as an additional insured and the property damage insurance policy shall provide that losses sustained by Landlord shall be adjusted by and payable to Landlord. Copies of all policies required pursuant to this Paragraph (e) (or certificates of insurance evidencing such coverage) shall be deposited with Landlord not less than 10 days prior to the commencement date of the term of such coverage. All such policies shall be delivered with satisfactory evidence of the payment of the premium therefore. The certificates of insurance shall each have the City of Buffalo designated as certificate holder, with a mailing address c/o City of Buffalo management office at Broadway Market, 999 Broadway, Buffalo, New York 14212. The description of operations box on the general liability certificate of insurance shall state "The City of Buffalo is named as an additional insured on the named insured' s general liability policy in connection with liability and damages arising out of the named insured' s business operations at the Broadway Market, 999 Broadway, Buffalo, New York. (f) Reserved. (g) To allow Landlord and Landlord's agents to enter on the Premises at all reasonable times to examine same and/or to make such repairs, alterations, improvements or additions to the Premises or to the Building as may be necessary, and Landlord shall be allowed to take all materials into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the Rent shall not abate while such repairs, alterations, improvements or additions are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such work. Towards this end, Tenant shall provide Landlord with duplicate keys to all locked areas so that Landlord shall have access at all times. Should Tenant fail to provide keys to Landlord, Landlord may engage the services of a locksmith or otherwise take reasonable measures to gain access to Tenant's premises, all at Tenant's sole cost and expense. Tenant shall reimburse Landlord within three (3) days of receipt of an invoice thereof. Landlord may also place on the Premises reasonably sized notices "To Let" or "For Rent", which notices Tenant shall permit to remain without molestation. (h) To pay on demand Landlord's expenses, including bona fide attorneys' fees, resulting from the breach by Tenant of, or incurred in enforcing any obligation of the Tenant under, this Lease or in curing any default by Tenant under this Lease, such fees to include cost of investigation, preparation and enforcement as well as the cost of collection. (i) Upon the expiration or other termination of the Term, to quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted, and at Tenant' s expense, to remove all property of Tenant, including trade fixtures and furniture, and each alteration, addition and improvement made by Tenant as to which Landlord shall have made the election provided for in Section 6.2 hereof, to repair all damage to the Premises caused by such removal and restore the Premises to the condition in which they were prior to the installation of the articles so removed. (j) To conform to all Governmental Requirements and obtain all necessary approvals. (k) To conform to all reasonable rules and regulations which Landlord may make for the management and use of the Property or any part thereof. Landlord shall have the right, in its sole discretion, to fine Tenant an amount not to exceed One Hundred Dollars ($100.00) per day for each day Tenant is in violation of said rules and regulations; provided, that Landlord shall first provide Tenant with prior written notice of such violation and forty-eight (48) hours to cure such violation. (1) To keep and maintain the Premises and the surrounding Common Areas free of all insects, pests, vermin, and noxious odors. (m) To comply with and observe all the Landlord's Rules and Regulations of the Broadway Market as from time to time established and or amended by Landlord in the Landlord's sole discretion. Section 7.2 Negative Covenants. Tenant covenants at all times during the Term and such further time a Tenant occupies the Premises or any part thereof: (a) Not to injure, overload, deface or otherwise harm the Property or any part thereof or any equipment or installation therein; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn anything within the Property; nor permit the collection of trash or refuse contrary to rules and regulations established by Landlord or by any Person not approved or designated by Landlord; nor install or cause to be installed any automatic garbage disposal equipment; nor make use of the Premises or of any part thereof or equipment therein which is improper, offensive or contrary to any Governmental Requirement or to reasonable rules and regulations of Landlord as such may be promulgated from time to time; nor use any advertising medium that may constitute a nuisance, such as loud speakers, sound amplifiers or phonographs in a manner to be heard outside the Premises; nor conduct any auction, fire, "going out of business" or bankruptcy sales except under conditions approved by Landlord in writing; nor do any act tending to injure the reputation of the Market; nor sell or display merchandise on, or otherwise obstruct, the Common Areas or anywhere else in the Property outside the confines of the Premises; nor carry on or permit any business conduct or practice, which, in Landlord's judgment, may harm, or tend to harm the business reputation of Landlord or reflect or tend to reflect unfavorably on the Property, Landlord or other Tenants. (b) Not to make any changes, repairs (except emergency repairs), installations, alterations or additions or improvements to the Premises without, on each occasion, obtaining prior written consent of the Landlord; nor attach interior or exterior signs, placards, or other printed material or other objects to the exterior or interior of the Building or the Premises without, on each occasion, obtaining prior written consent of the Landlord. Any work performed by the Tenant shall at all times be consistent with any Tenant design criteria adopted by Landlord from time to time and be subject to the Landlord's inspection and approval after completion to determine whether same complies with the requirements of the applicable provisions of this Lease. (c) Not to assign, sell, mortgage, hypothecate, encumber, pledge or in any manner transfer this Lease or any interest therein and or in Tenant, or further sublet the Premises or any part thereof, or grant any concession or license or otherwise permit occupancy of all or any part thereof by anyone with, through or under it. (d) Not to permit the use of any forklift truck, tow truck or any other mechanically powered machine or equipment for handling freight to the Premises or other portions of the property. All equipment and devices hauling freight to the Premises or portions of the Property shall be propelled by hand and shall be provided with rubber tired wheels. (e) Not to place or install or suffer to be placed or installed or maintain any sign upon the Property or any part hereof unless approved by Landlord in writing, nor any awning, canopy, banner, flag, pennant, aerial antenna or the like in or on the Property or any part thereof; nor shall Tenant place in the windows, if any, any sign, decoration, lettering, advertising matter, shade or blind or other thing of any kind, other than neatly lettered signs of reasonable size placed on the floor of the Premises identifying articles offered for sale and the price thereof, without first obtaining Landlord's written approval and consent in each instance. Any signs, lights, lettering, or other forms of inscription displayed without prior written approval of Landlord may be removed forthwith by Landlord. The cost of such removal shall be paid by Tenant and Tenant shall thereafter restore the Premises, Building or Property to the condition obtaining Immediately prior to the installation of the 6 removed signs, lettering or inscription. ARTICLE 8 Reserved ARTICLE 9 Defaults and Remedies Section 9.1 Default. The occurrence of any of the following shall constitute an event of default under this Lease by Tenant: (a) The vacation or abandonment of the Premises by Tenant; (b) A failure by Tenant to pay, when due, any installment of Rent hereunder or any other sum herein required to be paid by Tenant where such failure continues for five (5) calendar days after written notice thereof from Landlord to Tenant; (c) A failure by Tenant to observe and perform any other term or condition of this Lease; (d) Reserved; (e) The making by Tenant of any assignment for the benefit of creditors; the adjudication that Tenant is bankrupt, insolvent,, or unable to pay his debts; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; the appointment of a trustee or receiver to take possession of substantially all of Tenant' s assets located In the Premises or of Tenant' s interest in this Lease or the attachment, execution or levy against, or other judicial seizure of, substantially all of Tenant's assets located in the Premises or of Tenant' s interest in this Lease. Section 9.2 Remedies. Upon the occurrence of any event of default under this Lease by Tenant: (a) Landlord may terminate this Lease on ten (10) days notice to Tenant and this Lease shall terminate on the date specified therein and Tenant shall quit and surrender the Premises by said date and remain liable as set forth herein. (b) Landlord may, with or without termination of this Lease, at once re-enter the Premises or any part thereof, and, upon or without such entry, at its option, expel and remove from the Premises Tenant and any persons claiming under Tenant, and his and their property, without service of notice or resort to legal process or being deemed guilty of any trespass or becoming liable for any loss or damage occasioned thereby and without prejudice to any other right or remedy of action including summary proceedings, ejectment or otherwise, which Landlord may have for Rent or any other indebtedness owing by Tenant hereunder, whether theretofore or thereafter accruing or to accrue, or damages for any preceding or other breach of contract. (c) Whether or not Landlord shall have taken action provided for herein or otherwise permitted at law or equity, Landlord may bring an action or proceeding for summary possession or ejectment, or similar actions or proceedings, and in any such action or proceeding service, prior 7 notice and demand are hereby, expressly waived. Landlord may, at its option, assert its claim or unpaid Rent in such action or proceeding or may institute a separate action or proceeding for the recovery of Rent. (d) If Landlord resumes possession of the Premises, whether by summary proceedings or by any other means, Landlord, or any receiver appointed by a court having jurisdiction, may dispossess and remove all persons and property from the Premises, and any property so removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant, and Landlord shall not be responsible for the care or safekeeping thereof, and Tenant hereby waives any and all loss, destruction, and/or damages or injury which may be occasioned in the exercise of any of the aforesaid acts. (e) If this Lease is terminated in accordance with the provisions herein, or otherwise, Tenant shall be liable for, and shall pay to Landlord the Rent up to the time of termination. (f) Without waiving its right to terminate this Lease as herein provided or otherwise, Landlord may continue this Lease in effect for the remainder of the Term and, whether or not the Premises are relet Tenant, shall remain liable and obligated under all of the covenants and conditions herein during said period, and Tenant shall pay as and when due the Rent as if Tenant had not defaulted hereunder. (g) Tenant shall be liable for, and shall pay to Landlord upon demand, Landlord's Default Expenses. The phrase "Default Expenses" means any and all loss, damage, cost and expense directly or indirectly sustained by Landlord by reason of any event of default by Tenant. Default Expenses shall include, without limitation, repairing, cleaning, repainting, remodeling decorating, dividing, altering and adding to the Premises for the purpose of re -letting the same; broker' s commissions; advertising costs; removal and storage charges in moving Tenant's property and effects; and legal costs and reasonable attorneys fees in connection with, but not limited to, collecting any damages herein, obtaining possession of the Premises by summary process or otherwise, and re -letting the Premises. (h) Reserved. (i) Reserved. (j) No re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless termination thereof in decreed by a court of competent jurisdiction. Section 9.3 Non -waiver; Remedies Cumulative. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding broach by Tenant of any term, covenant or condition of this Lease. Each and all the remedies given to Landlord herein are cumulative, and the exercise of one right or remedy by Landlord shall not impair Landlord's right to any other remedy herein or any other remedy available to Landlord at law or equity. Section 9.4 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the 8 earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord' s right to recover the balance of such Rent or pursue any other remedy. ARTICLE 10 Miscellaneous Provisions Section 10.1 Reserved. Section 10.2 Notices from One Party to the Other. Any notice or demand from Landlord to Tenant or from Tenant to Landlord shall be in Writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if to Tenant, at the address of Tenant set forth herein, or to such other address as Tenant shall have last designated by notice in writing to Landlord, and if to Landlord, at the address of Landlord set forth herein (with a copy to Corporation Counsel for the City of Buffalo at 1100 City Hall, Buffalo, New York 14202) and to such other address as Landlord shall have last designated by notice in writing to Tenant. Notice shall be deemed served when mailed as aforesaid. Tenant hereby designates its shop manager (or any person or apparently operating the Premises for Tenant) at the Premises as agent for the service of any and all process. Section 10.3 Applicable Law and Construction. The laws of the State of New York shall govern the validity, performance, construction and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. All negotiations, considerations, representations and understandings between the parties are incorporated in this Lease. Landlord or Landlord' s agents have made no representations or promises with respect to the Property or any part thereof, except as herein expressly set forth. Section 10.4 No Oral Changes. Neither this Lease nor any provision hereof may be changed or modified orally, but only by an instrument in writing signed by the party against whom enforcement of the change or modification is sought. Section 10.5 Security Deposit. (a) Tenant has agreed to deposit with Landlord as security for the punctual performance by Tenant of the Security Deposit each and every obligation of him, her or it under this Lease a security deposit in the amount of $ (the "Security Deposit"). In the event of any default by Tenant, Landlord may apply or retain all or any part of the security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of the default. In the case of every such application or retention Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount. (b) Tenant hereby grants to Landlord a security interest in all of its fixtures and inventory from time to time located on the Premises, as security for the payment of rent and the performance of Tenant's other obligations under this Lease to the extent of the reasonable value of such fixtures and inventory; and Tenant shall on request furnish to Landlord an itemized list of such fixtures and inventory (with serial numbers), and shall execute upon request a standard financing statement and any further documents evidencing this assignment which may, in the reasonable judgment of Landlord, be required under law to perfect the security interest of Landlord and shall pay to Landlord 9 all costs and taxes for recording such financing statement. Upon any default by Tenant under this Lease, Landlord may foreclose on the security interest created by this subsection. Upon any such foreclosure, if Landlord elects to conduct a private sale of the collateral, then Landlord may (but shall be under no obligation to) purchase Tenant's interest in the collateralized fixtures and inventory for an amount equal to the original cost of such fixtures and inventory, less accumulated depreciation thereon from the date of installation (computed by the double declining balance method of depreciation over a life based upon applicable IRS Guidelines), and less any principal balance and interest due by Tenant to the holder of any prior lien upon such fixtures and inventory. Section 10.6 Landlord's Right to Assign. Landlord shall have the unilateral right to assign this Lease and or rents due hereunder at any time in part or in full. Landlord further has the unilateral right to engage any such manager or management or management model as Landlord in Landlord's sole discretion shall determine appropriate. IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the day and year first above written. TENANT: By yr('C 1. 12ey',fc f5. (Printed Name) Address: "Sq 3 5.. PA all< A/T g L,:CF A t,.c,, fUe Y Phone: Ji I q'et7 t - 11713 GUARANTEE (If Required) LANDLORD: CITY OF BUFFALO By Its: The undersigned, a principal and or an affiliate of the Tenant described in the within Lease, individually if one (and or jointly and severally if more than one) guarantee the faithful performance of all terms and conditions, including but not limited to the payment of rent by Tenant under said Lease from the Commencement Date to the date that the Tenant vacates the Premises. The undersigned acknowledge and agree that this guaranty constitutes a material inducement to Landlord in entering into this Lease. 10 BROADWAY MARKET FLOOR PLAN I X /a 103 40102 E 41t 4111 _ D. C 04 A 13 DC OS A B 104 s 9 A 4 110 9 110 [ 52 1 A c 39 4 I 4'1 34 tu 1ft _ EXHIBIT B BROADWAY MARKET RENT BREAKDOWN MAZUREK'S BAKERY Sq. Ft. $/Sq. Ft. Monthly Yearly Base Rent Retail 250 Base Rent Production 250 BASE RENT Common Area Charge (TOTAL LEASE Plus Monthly Electric $13.00 $6.00 2016 $270.00 $ 3,240.00 $125.00 $ 1,500.00 $395.00 $ 4,740.00 $27.00 $ 324.00 $422.00 $ 5,064.00 EXHIBIT C (Product Line) A. The Tenant's main product category shall be: o BUTCHER STAND: a stand in which meat, poultry and sometimes fish are sold. o POULTRY STAND: a stand selling domestic fowls (hens, turkey, ducks and geese). o FISH STAND: a stand selling fish. ➢ BAKERY STAND: a stand where breads and cakes are sold and sometimes baked. o CANDY STAND: a stand selling rich sweets made of flavored sugar, nuts or fruits. o PRODUCE STAND: a stand selling fresh fruits and vegetables. o SUNDRIES STAND: a stand selling many different or small things. o MERCANTILE: a stand selling a wide variety of small non -edible merchandise. o RESTAURANT: a place serving food where people go to eat. o COFFEE SHOP/CAFE: a small restaurant where drinks and snacks are sold. o ARTS/CRAFTS STAND: a stand selling handcrafted (non-mass produced) items. o SERVICES: a stand selling services, usually of a professional or skilled nature. o OTHER:. B. The Tenant may also sell such additional products as listed below: CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/18/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT _MVP' Robin Ebner PHONE 716 Fa No): (716) 648-2226 Overdorf Associates Agency (A/C, No FXty ) 648-2220 81 Buffalo Street Itn RFss: robin a overdorfinsurance.com Hamburg NY 14075 INSURER(S1 AFFORDING COVERAGE NAIC # INSURERA: Chautauqua Patrons Insurance Co. INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC -I POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE imsn win POLICY NUMBER IMMIDDIYYYYI (MMIDD/YYYY) EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE OCCUR DAMAGEPS TO(Pa NT RENTED AMAEfence) $ 50,000 9c 185156003 10/01/2015 10/01/2016 MED EXP (Any one person) $ 5,000 INSURED TLR Property Development LLC 543 South Park Ave Buffalo NY 14204 X COMMERCIAL GENERAL LIABILITY X GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA LIAB EXCESS LIAB DED I 1 RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE I ' N / A OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPFRATIONS below OCCUR CLAIMS -MADE PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGO $ 2,000,000 COMBINED SINGLE LIMIT rFa a ..i�la�n BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accidant1 $ EACH OCCURRENCE $ AGGREGATE $ I STATI ITP I I gr - El. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Location #2 - Broadway Market 999 Broadway, Buffalo NY 14212. The City of Buffalo is named as an additional insured on the named insured's general liability policy in connection with liability and damages arising out of the named insured's business operations at the Broadway Market, 999 Broadway, Buffalo NY. CERTIFICATE HOLDER CANCELLATION City of Buffalo Management Office at Broadway Market 999 Broadway Buffalo, NY 14212 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE <RLE> © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD RULES AND REGULATIONS OF THE BROADWAY MARKET I. Tenants shall comply with all city, state, and federal laws, rules and regulations now in effect or which shall be here in after enacted governing any and all of those directly, or indirectly connected with the sale, storage, or handling of food products. A. Market Hours 1. The market shall be open for the normal conduct of business as follows: Monday - Thursday 8:00 a.m. - 5:00 p.m. Friday 8:00 a.m. - 5:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. Sunday Closed All Tenants are expected to have their stalls open and operating during regular market hours. Any non-compliance as to these hours of operation may cause for daily fines of $100.00 per day. 2. Except by written permission, no Tenant or other person will be permitted in the market until two hours prior to market opening time and all Tenants, their employees, and their associates must be out of the market no later than one hour after the market closing time. 3. Any person desiring to enter the market before opening hours or remain after closing hours will be required to secure a permit from the Landlord. The Landlord reserves the right to refuse the issuance of a permit to cancel a permit previously issued to any person whose presence, in the opinion of the Landlord, would be prejudicial to the best interest of the market and/or the merchants. 4. No person under the age of sixteen (16) shall be employed or otherwise engaged to perform any work, task, duties in the market without having obtained written approval of the Landlord and proper permit from the Department of the City of State having jurisdiction over regulations governing the employment of minors. II. Construction and Maintenance of Stalls. 1. The construction of counters, enclosures, or any improvements, or the installation of cases or other equipment of any kind or type, or any additions, changes or remodeling of stalls or equipment of any kind or type therein shall not be undertaken until plans and specification for any or all of the preceding have been submitted to the Landlord, and written approval obtained. 2. All such work shall be performed by reputable and where required by law, licensed mechanics or contractors approved by the Landlord. 3. All stall and equipment shall be maintained in safe satisfactory conditions at all times. If after, Tenant has been notified of an unsafe or unsatisfactory condition, he has failed to remedy same, then and in that event, the Landlord shall have the right to enter upon the stall and make such repairs as in his sole judgment are necessary to restore the stall to safe and satisfactory condition. The Landlord will charge the Tenant for the cost of the same. 4. Identification signs above the stall must not be less than eight feet (8') nor more than ten feet (10') above the market floor. No other signs, displays, merchandise or other article (except scales and columns displays previously authorized) shall be placed as to obscure the view above five feet (5') from the market floor. III. Safety 1. Tenant shall not be permitted to use or keep in the building any explosives, kerosene, burning fluid, or any illuminating materials in excess of such amounts thereof and in such containers as may be permitted by the association of the fire underwriters or any applicable law, ordinance or regulation governing the same. 11 2. No Tenant shall permit seepage or leakage of water or fluids from any part of his stall into the aisle. 3. All Tenants selling vegetables, flowers or other products which require sprinkling or dipping in water will be required to equip their stalls with a waterproof pan or pans, such pan or pans to be placed as to prevent water from spilling onto the floor and to be fitted with a drain spout under which a pail, of sufficient size not to require emptying, except after market hours, must be placed to catch surplus or waste water. 4. No Tenant shall do or permit to be done by associates anything which creates a hazard to life or property or jeopardizes the safety of the market or its occupants. 5. All stands must have at least a 101b. A.B.C. dry chemical fire extinguisher. IV. Sanitation 1. Tenants shall keep the area in and about his stall in clean, orderly, safe, sanitary and attractive conditions at all times. This includes regular cleaning of all showcases, scales, counters, and other equipment at frequent intervals. Removable floors must be removed and subfloors (including area under elevated counters) scrubbed at least once a week. Hand basins and sinks must be kept spotlessly clean and in proper working condition at all times. 2. Personal cleanliness of market personnel handling food is the direct responsibility of the Tenants, and all City of Buffalo, Erie County and State Health Department rules applicable to the handling of food and food products must be complied with at all times. 3. Refuse must be kept in a container approved for the purpose by the Landlord and the Health Department. It shall be the Tenants responsibility to see that all refuse is taken to the disposal area. 4. All merchants, their associates, and their employees who have access to and use of private restrooms which time to time may be reserved for the exclusive use of the Tenants will use these facilities in a manner to avoid any unclean or unsanitary condition. 5. Tenant shall take all necessary precautions to prevent conditions causing or conditioning to abnormal or offensive odors in the market. 6. Copies of Department of Agriculture reports must be forwarded to the Landlords office. V. Aisles 1. In no case is it permissible to place and stand, boxes, crates, stools, or any other object in the aisles; nor is it permissible to extend counters, stalls, trays, or any other object or material beyond the stall line into the aisles or overhanging the aisles, without prior written approval from the Landlord. 2. No type of seating arrangement may be installed at any stall without the written approval of the Landlord. 3. At no time will any stock, merchandise, or other properties of the merchant be placed, stacked, stored, cleaned or proceeded upon unvented stalls or other areas of the market or in the basement, loading docks, service areas on stair landing or sidewalks. Any such articles found in these areas is a violation of the above and they will be considered as refuse and may be promptly removed and disposed of by the Landlord without notice. V. Loading and Unloading 1. Designated areas for receiving merchandise are to be used solely for that purpose. Loading docks are not to be occupied by Tenants except to deliver and receive products. 2. All carts used in the market must have rubber wheels. 3. All deliveries must be made from loading docks or parking lot. (Side doors for customers only). 4. Vendors will only be allowed in the loading dock area when they are to receive a delivery, during market hours. There will be no deliveries prior to 5:00 a.m. and NO deliveries 12 after 4:00 p.m. are permitted. Loading dock doors will be self locked, opened from the inside only, locked prior to 5:00 a.m. and after 4:00 p.m. VII. Employee and Tenant Parking. 1. Tenant and employee parking will be permitted only in those areas designated by the Landlord. 2. All loading and unloading zones so posted must be kept clear of parked vehicles at all times. VIII. Signs No person shall distribute, scatter about, or post on or about the market (including stall) any advertising pamphlet, card, handbill, signs, displays or other printed matter without the consent of the Landlord. Nor shall any present sign be altered or changed in a manner deemed unsatisfactory by the Landlord. IX. Conduct 1. Disorderly conduct, boisterous, profane, vulgar or obscene language in or about the market is prohibited. The Broadway Market has a Zero Tolerance Policy on physical altercations or assaults in the market or on market grounds this includes threats to vendors, employees, customers or other member of the public. The person or persons violating this rule will be banned from the market for no less than one year from date of offense. 2. Idlers, loungers, peddlers, or disorderly persons shall not be permitted to remain in or about the premises. 3. No person shall commit or maintain a public nuisance. A public nuisance consists of committing an act or omitting to perform a duty which act or commission annoys, injures, or endangers the comfort, repose, health, or safety of other persons, or offends public decency. X. Pets No dogs, cats, or other household animals or pets will be permitted within the market at any time. XI. Smoking Smoking is not permitted in any area of the building or parking ramps. XIII. Weights 1. No scales, weighing, or measuring devices may be used until they have been inspected and approved by the Bureau of Weights and Measures, and Tenant shall have all such scales, weighing or measuring devices checked or inspected as often as may be necessary to insure continuous accuracy. The Landlord reserves the right to inspect and test any merchant's scales and weighing or measuring device to verify their accuracy at anytime during normal business hours. 2. All scales must be placed in a position adjacent to the public aisle and in manner easily visible to the public. Should any Tenant have more than one scale, he then shall in all cases, use the scale nearest the customer whose purchase is being weighed at that time. Nothing whatsoever is to be placed within twenty four (24") inches of the front, back or either side of any scale in any manner which would obstruct the purchaser's view. 3. Copies of weights and measures reports must be forwarded to the office of the Landlord. XIII. Code of Ethics 1. Overcharge or short weight will not be tolerated. It shall be the responsibility of every Tenant to ascertain that each and every customer receives full measure or weight of each product 13 purchased, that the customer knows the price of the item and that the amount charged is correct. Tenant will also determine that the change given the customer is accurate. 2. Misrepresentation of the quality or grade of any product, or deceptive packing, such as putting inferior product in the bottom of a package or container or mixing several grades or qualities in a container or package indicating a single higher grade or quality is prohibited. 3. No product shall be offered for sale that is unwholesome, inedible or unusable. All products offered for sale in the Market are subject to inspection by properly designated representative of the Landlord and the Landlord reserves the right to enter upon the Premises and to remove and dispose of any deemed by it to be unwholesome, inedible or unusable. 4. Any fruit, produce or other products offered for sale to the public in a bruised damaged or imperfect condition (but specifically excluding those referred to in the preceding paragraph) shall be clearly marked as such. 5. Every merchant shall conduct his presence and his business in a manner submitting to the dignity and tradition of the Broadway Market. At no time shall any Tenant, his associates, or employee perform any discourteous, unethical, or other act which would bring discredit upon himself, his fellow -merchants, the Broadway Market, or City of Buffalo. XIV. Product Line All Broadway Market Tenants are obligated to adhere to the product line specifics outlined in their individual Lease agreement with the City of Buffalo. Any unapproved items are in direct violation of the Lease agreement, and the following steps will be immediately enforced. STEP 1— WRITTEN NOTICE. Management will give written notice to the Tenant regarding the item(s) in violation. The Tenant will have five business days to remove the product and any related signage. STEP 2 — INITIAL FINE. Management will give written notice to the Tenant regarding the imposition of a $100.00 fine. The Tenant will have an additional five business to remove the product and any related signage, and pay the fine. STEP 3 — SECONDARY FINE. Management will give written notice to the Tenant regarding the imposition of an additional $250.00 fine. The Tenant will have an additional three business to remove the product and any related signage, and pay the fine. STEP 4 — FINAL FINE AND NOTICE. Management will give written notice to the Tenant regarding the imposition of an additional $500.00 fine. The Tenant will have that day to remove the product and any related signage, and pay the fine. If the violation is not remedied at this time, management will have the option to begin eviction proceedings. 14 Authorization to Execute and Deliver a Signed Lease Agreements between the City of Buffalo and Broadway Market Vendors for the Purpose of Doing Business in the Broadway Market (Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated May 12, 2016, be received and filed; and That the Common Council hereby authorizes the Mayor, or a designated member of his staff or the Mayor's Office of Strategic Planning Division of Real Estate, to execute and deliver signed lease agreements and any other related documents between the City of Buffalo and the following Broadway Market vendors: • Amber Gems & More • Audrey L. Maurer Custom Designed Crafts • Camellia Meats • Dexter's Hats, Caps & Things • Hands & Paws • Lewandowski Produce • Lupus Meats • RWL Enterprises • Spices & Mixes by Milly • Becky's Bakery • Mazurek's Bakery That the Common Council hereby authorizes the Mayor and other pertinent City personnel to take all such steps and actions to work together in the spirit of cooperation and open communications, consistent with law, with the primary goal of meeting the needs of the City of Buffalo and the Broadway Market's small businesses in the City of Buffalo. PASSED AYES -9 NOES - 0 C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files \ContenLOutlookU5MLCIH5\Execute and Deliver a Signed Lease Agreement -Broadway Market Vendors.docx !i [ FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT * AYE* N O * * * * * * * * * * _ * * * * * * * * [ 1 _ _ _ . * [Dw��} - � l * � * � _ ' * * * [2/3 - 6] 01297 # 2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 2, 2016 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Permission to Designate Developer 201 Ellicott Street (the "Property") North Corner of Eagle Lot Size: 362.42 x 300 (to Oak Street) Assessed Value: Land: $1,667,600 Improvements: $491,100 Total: $2,158,700 Ellicott District The Office of Strategic Planning, Division of Real Estate issued a Request for Proposals (RFP) on May 8, 2015 for a mixed used development project that included a full line grocery store, significant residential element and a required parking ramp. The City replaced the RFP and issued a Request for Qualifications (RFQ) on June 16, 2015. The RFQ sought to designate a qualified developer for the site, rather than a specific project proposal. The City received three responses to the RFQ by the July 29, 2015 deadline. Respondents to the RFQ were asked to submit information related to qualifications and relevant experience/projects, demonstrate financial ability to undertake the project, and describe their approach to development issues. Ciminelli Real Estate Corporation (the "Developer") has best demonstrated their ability to be a partner in development and is therefore the Office of Strategic Planning's recommendation for designated developer for 201 Ellicott. The subject property consists of approximately 107,936 sq. ft. (2.54 acres) of surface parking lot, bounded by Ellicott, Clinton, Oak and Eagle Streets. The surface parking lot is currently managed by and will continue to be managed by the Buffalo Civic Auto Ramps (BCAR), a non-profit corporation, during the designation period. There is a National Fuel regulator substation located on the Property which is reserved through a permanent easement. Developer will comply with the requirement of the easement or alternative arrangements may be made with National Fuel, providing terms are agreed upon by both parties. The Office of Strategic Planning respectfully requests that Your Honorable Body designate Ciminelli Real Estate as Developer, and/or a corporation, partnership or other legal entity to be designated by Ciminelli Real Estate as Developer and approved by the Executive Director of the City of Buffalo, Office of Strategic Planning (hereinafter "Designee"), of the Property subject to but not limited to the following terms and conditions: 3 June 2, 2016 Re: 201 Ellicott Page 2 a. The designation will expire in six (6) months from the date the Common Council approves the designation, unless at the sole discretion of the Executive Director of the Office of Strategic Planning deems it necessary to extend the designation for one (1) additional, six (6) month term. b. Payment of a designation fee of Fifteen Thousand Dollars ($15,000.00) per month by Developer and/or Designee to the City, payable within five (5) days from the date of Common Council Approval of the designation and due thereafter the first day of every month. c. That the Developer and/or Designee has agreed to use its best efforts to pursue, a minority workforce goal of 25%, a woman workforce goal of 5%, a minority owned business enterprise (MBE) utilization goal of 25% and a women owned business enterprise (WBE) utilization goal of 5% of the project construction cost, to the extent that it is economically and technically feasible to do so. d. That the Developer and/or Designee has agreed, through business tenants of their project, to give preference to persons residing within the limits of the City of Buffalo when filling employment vacancies or hiring new employees, in accordance with the City's desire to promote development of business within the City of Buffalo and or increase employment opportunities for Buffalo residents. e. Developer and/or Designee agrees to schedule and meet bi-weekly with the City of Buffalo Project Team beginning one week from the date the designation letter is signed by the City.- — f. ity.-.._.rf. The Developer and/or Designee agrees to work with ECC during the designation period to identify space needs that could be incorporated in the project. In the event Developer and/or Designee shall exercise its option to acquire said property pursuant to the Contract of Sale said Designation Fee shall be applied as a credit towards the purchase price. In the event Developer and/or Designee shall not proceed with the acquistion of the Property within the designation period or in the event a mutually satisfactory LDA cannot be agreed upon, Developer and/or Designee shall forfeit all fees paid on account, the City shall retain all such fees and the Developer and/or Designee shall have no furhter rights with respect to the Property. h. That the Developer and/or Designee agrees to sign a full Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability, said documents to be in form and substance acceptable to the City in the City's sole discretion. g. June 2, 2016 Re: 201 Ellicott Page 3 i. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and/or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them will not be eligible for designation. The successful negotiation of a Land Dispostion Agreement (LDA) for approval by the Common Council no later than twelve (12) months from the date the Common Council approves the designation to include the following: 1. Upon signing of the contract for sale, there shall be a payment by the Developer and/or Designee to the City of Buffalo a non-refundable deposit, in the amount of ten percent (10%) of the agreed upon Purchase Price. The Purchase Price to be established in accordance with Article 27 of the City of Buffalo Charter 2. Submission by the Developer and/or Designee of a detailed site plan of the project for the property at 201 Ellicott Street for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimted total project costs, for review and approval by the City. 3. Said plans shall also be in accordance with Article )(XVIII of the Zoning Ordinance of the City of Buffalo 4. Submission of a colored rendering of the Project suitable for presentation to the -City of Buffalo Common Council which shall be submitted by the Developer-- and/or eveloper-and/or Designee to the Office of Strategic Planning, Division of Real Estate, prior to entering a contract of sale and prior to Common Council approval. 5. Submission by the Developer and/or Deisgnee to the Office of Strategic Planning, Division of Real Estate of evidence of equity capital and mortgage financing necessary for the completion of the Project which shall be submitted prior to closing. 6. That the contract of sale will require that the Developer and/or Designee agrees to provide the City of Buffalo and any other affected utility company with any easements, rights and access arrangements, that may be necessary, satisfactory to the City and any other affected utility company in their sole discretion J• k. That the Developer and/or Designee has agreed to be committed to fulfilling the policies of the City in regard to non-discrimination and affirmative action. June 2, 2016 Re: 201 Ellicott Page 4 I. Developer and/or Designee is responsible for performing any soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to execution and compliance with an Access, Indemnificaiton and Insurance Agreement, by each and every Contractor hired by Developer and/or Designee that will access the property, for the purpose of determining, to Developer's and/or Designee's satisfaction, the suitability of the Property for Developer's and/or Designee's intended use, and/or the presence or absence of hazardous substances as such terms used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by-law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all Contractor's accessing the Property. m. The designation and the contract of sale shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. n The City of Buffalo may terminate this designation should the Developer and/or Designee fail to meet any of the deadlines, terms and conditions set forth above. Should the City elect to terminate this designation on or before the end of the designation period. forfailure by the -Developer and/or Designee to comply.with.the above conditions, the City will give written notice to the Developer and/or Designee via certified mail and allow the Redeveloper two (2) weeks to cure. I am requesting that your Honorable Body approve the designation of Ciminelli Real Estate with a mailing address of 350 Essjay Road, #101, Buffalo, New York 14221, and/or a corporation, partnership, or other legal entity to be designated by Developer and approved by the City of Buffalo, Executive Director of the Office of Strategic Planning, as Developer of the above referenced Property on the above terms and conditions; authorize the Corporation Counsel's Office to prepare the necessary Contract of Sale/LDA and any other necessary agreements for the conveyance of the Property to the Developer and/or Designee for the development of the project on the Property; and that the Contract of Sale/LDA and purchase price be forwarded to the Common Council for final approval prior to the transfer of title. Christie R. Nelson Director of Real Estate Office of Strategic Planning; CRN:plg REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. t\ City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1298 PASSED June 7, 2016 Strat Plan -Report of Sale 463 Busti (Ell) APPROVED JUN 1 5 2016 tA Jp7,014.511(1 MAYOR Gerald A Chwalinski City Clerk 01298 #2...- (Rev: -1/93) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: June 2, 2016 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 463 Busti— Vacant Lot 100' NW Penn Lot Size: 25' x 132' Assessed Value: $2,600 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Habitat for Humanity of Buffalo, 1675 South Park Avenue, Buffalo, New York 14220 to purchase 463 Busti Avenue. Habitat for Humanity of Buffalo, would like to purchase the lot for the construction of two homes. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy Cents ($.70) to One Dollar Fifty Cents ($1.50) per square foot. Habitat for Humanity of Buffalo has agreed and is prepared to pay Eighty Cents ($.80) per square foot for the parcel for a total of Two Thousand Six Hundred Dollars ($2,600) for the above referenced properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 463Busti Avenue for the amount of Two Thousand Six Hundred Dollars ($2,600) to Habitat for Humanity of Buffalo. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC. PLANNING CRN:jdc Report of Sale — 463 Busti (Ell) (Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated June 2, 2016, be received and filed; That the offer from Habitat for Humanity of Buffalo, 1675 South Park Avenue, Buffalo, New York 14220 in the amount of Two Thousand Six Hundred Dollars ($2,600.00) for the purchase of 463 Busti be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES -0 C:\Users\clehner\AppData\Lo ai\Microsoft\Windows\Temporary Internet Files \ContentOmlookUSMLCIHS\Repon of Sale -463 Busti.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] * * * [MAJ- 5] *9 * 0 * [ 2/3 - 6 ] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1299 PASSED June 7, 2016 Strat Plan -Report of Sale 298 Dewitt (Nia) Gerald A Chwalinski City Clerk APPROVED JUN 1 5 2016 kta 0129 #2 (Rev: 1/93) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: June 1, 2016 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 298 Dewitt —Single Family Dwelling 247.50 S BIRD Lot Size: 29.50' x 147' Assessed Value: $18,000 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Claire Schneider and Jean -Michel Reed on behalf of R + SD, LLC, of 421 Norwood Avenue, Buffalo, New York 14222 to purchase 298 Dewitt St. Mr. Reed and Mrs. Schneider would like to purchase the property to rehab and rent. Mr. Reed and Mrs. Schneider have estimated the cost of the renovations to be Seventy Thousand Five Hundred Dollars ($70,500.00). The renovation proposal has been reviewed and approved by the Division of Real Estate. Mr. Reed and Mrs. Schneider have provided proof of financial ability to complete the purchase and repair to the property. 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. An appraisal was performed by KLW APPRAISAL GROUP, Inc., and subsequently approved by the Appraisal Review Board, which determined the value of the property to be at Eleven Thousand Five Hundred Dollars ($11,500.00). Mr. Reed and Mrs. Schneider have agreed and are prepared to pay Elleven Thousand Five Hundred Dollars ($11,500) for the above referenced property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 298 Dewitt St. for the amount of Eleven Thousand Five Hundred Dollars ($11,500) to R + SD, LLC. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. June 1,2016 Report of Sale 298 Dewitt St DEPARTMENT HEAD NAME: CHRISTIE R. NELSON TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING CRN:edr /»/ 6') Report of Sale — 298 Dewitt (Nia) (Strat Plan) Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated June 1, 2016, be received and filed; That the offer from Claire Schneider and Jean -Michel Reed on behalf of R + SD, LLC of 421 Norwood Avenue, Buffalo, New York 14222 in the amount of Eleven Thousand Five Hundred Dollars ($11,500.00) for the purchase of 298 Dewitt be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES - 0 C:\Users\clehner\AppData\Loca1\Microsoft\Windows\Temporary Internet Files\Content.OuttookU5MLCIH5\Report of Sale -298 Dewitt.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] * AYE* NO * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 0 * * * FROM THE COMPTROLLER June 7, 2016 POSITION ALLOCATION MAINTENANCE FORM 0 1 3 0 0 Title Departtnent/Division Original PR No. Title Code No. Salary Budget Function No. Reason for appointment (check one) Type of Status Change (check one) Type of Appointment: Supt( v s. (tic, ArcesGptov g 5 tA I o 44-5 o 0 1 B/Status Change 0 Reinstatement 0 Replacement 0 Extension 0 From Temporary to Provisional 0 From Temporary to Permanent 0 rom Provisional to Permanent From Contingent Permanent to Permanent 0 Other Classification 2/Permanent 0 gxempt 0 contingent Permanent Competitive Provisional 0 Non -Competitive 0 Temporary 0 Seasonal Comments: Employee Information: Name I3hri L Address 104 City SlAx„. Signature of Appointing Authority Signature of Director of Budget I State INy IIRY2f15 1053 1138CSil gs# • DOB Zip Code 14,-D 1.21— Date ` 41/2 Date A m. bum g, Civil Service 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 *Applicant appointed on or after this date 51 FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS June 7, 2016 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1301 PASSED June 7, 2016 Execute Website & CMS System Prof Svs Contract APPROVED JUN 1 5 2016 Gerald A Chwalinski City Clerk 01301 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 7, 2016 FROM DEPARTMENT: Management Information Systems SUBJECT: [: Execute Website and CMS System [: Professional Services Contract and [: License Agreement PRIOR COUNCIL REFERENCE (IF ANY): Item No. 631, CCP March 15,2016 Permission is hereby requested from Your Honorable Body to authorize the City of Buffalo, MIS department to execute an agreement with CivicLive to provide a new public website and Content Management System, subject only to such notes and clarifications as are recommended by the Corporation Counsel in finalizing the terms of the Agreement. GC/TM/MC RECOMMENDED DEPARTMENT HEAD NAME: Kenneth M. Barnes TITLE: Chief Information Officer SIGNATURE OF DEPARTMENT HEAD: 144 Daryl Springer, Supervisor of Operations, MIS Cc: Daryl Springer, Supervisor of Operations Peter Barone, Supervisor of Operations CIVICLIVE WEBSITE DEVELOPMENT AND CONTENT MANAGEMENT PROFESSIONAL SERVICES CONTRACT This contract, made as of the ("day of A tw" 2016 by and between the City of Buffalo, a municipal corporation organized under the laws of the State of New York with its principal office at 65 Niagara Square, Buffalo, New York 14202 (hereinafter the "City") through its Department of Management Information Systems, and Reliance Communications, LLC. a California limited liability company located at 100 Enterprise Way, Suite A-300, Scotts Valley, California 95066 (hereinafter the "Contractor"). WITNESSETH: WHEREAS, on J6, ,S' , 2015, the City issued a Request for Proposals for Public Website Development and Content Management System, the same being incorporated herein and made a part hereof as Exhibit A. WHEREAS, on 1 \ Z— , 2015, Contractor submitted a proposal to the City to perform the solicited services, and the proposal has been found generally acceptable by the City and is incorporated herein and made a part hereof as Exhibit B; and WHEREAS, . on ,3 I .' , 2015, the Common Council pursuant to its passage of Item No. .631 , dated 3 t.i . 2015 has authorized the award of the contract to the Contractor; and WHEREAS, on . 2016, the Common Council pursuant to its passage of Item No. , dated , 2016 has authorized the Chief information Officer to execute this contract for the performance of solicited services by the Contractor; and WHEREAS, the City deems that it is necessary and in the City's best interests to contract for such services and the Contractor has agreed to perform such services for the City; NOW, THEREFORE, in consideration of the mutual agreements set forth herein the parties agree as follows: 1. CONTRACT DOCUMENTS Section 1.1 Incorporations The agreement between the parties shall consist of this document and the following Exhibits which are attached hereto and made a part hereof, which together constitute the contract: a) Exhibit A: Request for Proposals b) Exhibit B: Contractor's Proposal c) Exhibit C: Scope of Work d) Exhibit D: License Agreement e) Exhibit E: Conflict of Interest Statement f) Exhibit F: Notice to Proceed Section 1.2 Conflicts and Priority of Documents In the event that a conflict is found between provisions in this contract and the Request for Proposals or the Contractor's proposal, the provisions in the following rank order shall take precedence: 1) Contract; 2) Request for Proposals; and 3) Contractor's Proposal, to the extent that its terms are not inconsistent with the Request for Proposals, and such terms have been specifically accepted by the City of Buffalo. 2. SCOPE OF WORK Contractor shall provide the services as more fully described in Exhibit C attached hereto and made a part hereof. The parties acknowledge and agree that changes in the Scope of Work may result in adjustments to the contract price described herein and in Appendix A: Licensed Software and Fees. Contractor hereby represents that it is qualified to perform the services described herein. Contractor agrees to perform the services described herein subject to all the terms and conditions set forth in this contract, including all exhibits, in a manner consistent with the highest level of care and skill and in accordance with the general directions given by the City of Buffalo Department of Management Information Systems and that such services shall be performed in a timely manner. 3. TERM/COMPENSATION The City has issued to the Contractor. a Notice to Proceed, the same being attached hereto and made apart hereof. as Exhibit F. In accordance therewith, the initial term of this contract shall be for five (5) years commencing on . Contractor shall be entitled to compensation for its first year of services in the amount of ninety five thousand dollars ($95,000) as more specifically set forth in Appendix A. Thereafter, the Contractor shall provide the City with four (4) years of SAAS. Hosting, Maintenance and Support services. Contractor shall be entitled to an annual fee of sixteen thousand five hundred dollars ($16,500) for compensation relative to its providing of SAAS Hosting, Maintenance and Support services as more specifically set forth in Appendix B. The parties acknowledge and agree that the SAAS Hosting, Maintenance and Support services pricing may be subject to an annual rate increase not to exceed 3% from the previous year's fees. The City reserves the right, in its sole discretion, and upon mutual agreement of the parties, to have Contractor complete, at no additional cost, a Year Four Website Redesign as set forth in Appendix A. The Year Four Redesign Plan shall consist of a full redesign for the City's website consisting of wireframes, mock-ups and redesigning of templates used on the website. The plan includes unlimited professional services hours to redesign one (1) homepage template, one (1) subpage template and one (1) landing page template to be used on the site and updating all required pages that use these templates. The City reserves the right to extend the terms of this contract, in its sole discretion, and upon mutual agreement of the parties, for additional terms of one (1) year each until such time as the City determines to terminate or not renew the contract. The terms of any such one (1) year renewal shall provide for Contractor's continued performance of SAAS Hosting, Maintenance and Support services. All renewals shall be in writing and the pricing terms shall remain unchanged, except where the price has been modified as a result of the City's election to have Contractor install additional features to the software as described in the Request for Proposals and Contractor' s proposal. Page 2 of 14 3.1 Travel Reimbursement Notwithstanding the annual costs related to the software services, the City may incur additional costs related to the Contractor's provision of these services. It is understood and agreed that under no circumstances shall travel costs related to Contractor's provision of services exceed the standard rates as published annually by the Internal Revenue Service and the Office of the New York State Comptroller. Further, such travel shall be subject to prior written approval of the City and shall not extend any longer than is reasonably necessary to complete the services. As of January 1, 2016, the standard mileage rate as published by the IRS for the use of a vehicle shall be fifty-four cents ($0.54) per mile for business miles driven. Such charge may only be assessed to the City when the Contractor is required to travel more than thirty-five (35) miles as calculated from its place of business to perform such services. In the event that Contractor requires travel by common carrier, Contractor must obtain the lowest cost coach accommodations available. The passenger's portion of the train/airline ticket or an e -ticket must be submitted with the expense report. Boarding passes are not acceptable. Overnight lodging and meal reimbursement expenses as published by the Office of the New York State Comptroller shall not exceed $176.00 Per Diem (Lodging: $112.00/Meals $64.00). Receipts of all travel expenses shall be submitted to the City together with any request for reimbursement. 4. APPROPRIATION The parties recognize, acknowledge and agree that the obligations of the City under this contract, or any renewals thereof are subject to annual appropriation by the Common Council. Therefore, this contract shall be deemed executory only to the extent of the monies have been appropriated and available. The City shall have no liability beyond monies available and appropriated for payment under this contract. Payment made under this contract constitutes the full and complete payment for all costs assumed by Contractor in performing the services described herein including, but not limited to, salaries, costs of materials and supplies, printing and reproduction, attendance at meetings, consultations and presentations, clerical costs, travel expenses, postage, telephone, and all similar expenses. No direct costs shall be reimbursed by the City without specific prior written approval of the City prior to their expenditure and, in any event, payment of such expenses may not exceed the maximum compensation amount set forth herein, except as provided herein. 5. TERMINATION The City reserves the unilateral right to terminate this contract at any time, with or without cause, by providing Contractor with thirty (30) days written notice of such termination. If termination shall be without cause, the City's liability shall be limited to paying for the services provided up to the point of termination. If the termination shall be for breach by the Contractor, then the City shall pay all compensation earned prior to the date of termination minus any damages and costs incurred by the City as a result of the breach. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of the contract. The City may, in such event, withhold payments due to the Contractor for the purpose of set-off until such time as the exact Page 3of14 amount of damages due to the City is determined. The rights or remedies provided for herein shall not limit the City, in case of any breach by the Contractor, from asserting any other right or remedy allowed by law or in equity. 6. NOTICES Any notice(s) required or peounitted under this contract, including notice of termination, shall be sent to the appropriate party by certified mail return with receipt requested, or by overnight carrier to the following addresses: To City: Kenneth Barnes Chief Information Officer Management Information Systems 65 Niagara Square Room 1201 City Hall Buffalo, New York 14202 To Contractor: Attn: Reliance Communications, LLC. 100 Enterprise Way, Suite 200A Scotts Valley, CA 95066 Either party may, from time to time designate, by written notice, pursuant to this section another address or representative to which such notice or communications should be sent. 7. INDEMNIFICATION Contractor shall indemnify, defend and hold harmless the City, its officers, agents, servants and employees, from and against any and all claims, demands, damages, suits, proceedings, liabilities, judgments, losses, costs of every name, nature, and description, including attorneys' fees, to which the City may be subjected by reason of any injury to the person or property of another, or the property of the City, resulting from the negligence or carelessness, active or passive, of the Contractor, its employees, agents or subcontractors, in the performance of any work under this contract. This provision shall include, all losses, costs, and damages, which the City may suffer as a result of any negligent supervision of services or by reason of injury to the person, or property of another, or the property of the City, resulting from the negligence or carelessness, active or passive, of the Contractor its or their employees, agents, or subcontractors, or the joint negligence, active or passive, of the Contractor and the City, in the performance under this contract, or in the delivery of materials and supplies. Furthermore, the whole or so such money to become due under this contract or as shall be considered necessary by the City, may be retained by it until all suits or claims for damages shall have been settled or otherwise disposed of and evidence to that effect furnished to the satisfaction of the City. The provisions of this section shall survive the expiration or termination of this contract. 8. LIABILITY LIMITATION. Section 10 of the CivicLive License Agreement; incorporated into this contract as Exhibit D, will govern as to limitation of liability under same. 9. INSURANCE Page 4 of 14 The City requires insurance coverage as listed below for this service. The term "Contractor" shall also include the contractor, their respective agents, representatives, employees or subcontractors; and the term "City of Buffalo" (hereinafter called the "City") shall include their respective officers, agents, officials, employees, volunteers, boards and commissions. The insurance required shall be written for not less than the scope and limits of insurance specified hereunder, or required by applicable federal, state and/or municipal law, regulation or requirement, whichever coverage requirement is greater. It is agreed and understood that the scope and limits of insurance specified hereunder are minimum requirements and shall in no way limit or exclude the City from additional limits and coverage provided. General Liability and Auto coverage shall be primary and non- contributory. All policies of insurance shall be provided by a company or companies admitted and authorized to do business in the State of New York. Before commencing the work, Contractor shall furnish to the City the certificates of insurance, and shall thereafter provide renewal certificates, as appropriate, evidencing such coverage written by a company or companies acceptable to the City. All certificates of insurance shall be subject to the approval of the Corporation Counsel of the City as to form and the City of Buffalo Comptroller as to sufficiency. With the exception of Professional Liability, such certificates and renewal certificates shall provide for a notice of cancellation, lapse or amendment of at least thirty (30) days. If such insurance is written on a "claims made" basis then such insurance shall be kept in full force and effect for two (2) years after final payment to the Contractor. For purposes of this contract, all insurance certificates required must be mailed to: Kenneth Barnes Chief Information Officer Management Information Systems 65 Niagara Square Room 1201 City Hall Buffalo, New York 14202 SECTION 8.1 MINIMUM SCOPE AND LIMITS OF INSURANCE i.) Worker's Compensation & Disability Insurance: With respect to all operations the Contractor performs the Contractor shall carry Worker's Compensation Insurance in accordance with the requirements of the laws of the State of New York. Evidence of Worker's Compensation on the New York form must be provided on the State approved form and is not acceptable on the Accord form. The Contractor shall also carry Disability Insurance and provide evidence thereof on the New York form. Certificates of insurance evidencing such coverage shall be submitted by the Contractor and must name the City of Buffalo as certificate holder. ii.) Commercial. General Liability: With respect to all operations the Contractor performs the Contractor shall carry Commercial General Liability insurance providing for a total limit of not less than one million dollars ($1,000,000) per occurrence for each job site or location for all damages arising out of bodily injury, personal injury, property damage, products/completed operations, and contractual liability coverage for the indemnification provided under this contract. Each annual aggregate Page5of14 kp'( limit shall not be less than $2,000,000. A certificate of insurance evidencing such coverage shall be submitted by the Contractor and must name the City of Buffalo additional insured and certificate holder. iii.) Commercial Automobile Liability: With respect to any owned, non -owned, or hired vehicles the Contractor shall carry Automobile Liability insurance providing at least one million dollars ($1,000,000) per accident for bodily injury and property damage. A certificate of insurance evidencing such coverage shall be submitted by the Contractor and must name the City of Buffalo additional insured and certificate holder. iv.) Professional Liability: Where applicable, as determined by a City department head, and with respect to any damage caused by an error, omission or any negligent acts of the Contractor performed under this contract the Contractor shall carry Professional Liability insurance providing at least one million dollars ($1,000,000) per claim for any wrongful act. A certificate of insurance evidencing such coverage shall be submitted by the Contractor and must name the City of Buffalo as certificate holder. v.) Performance Bond Contractor shall furnish a performance bond guaranteeing the faithful performance of the contract in the penal amount of the contract price, such bond to be executed by the Contractor as principal, and by a duly incorporated company authorized to guarantee the performance of the contract and to do business in the State of New York as surety. The performance bond shall run through the contract period, including any renewals or extensions thereof. Said bond to be approved by the Corporation Counsel as to form and by the Comptroller of the City of Buffalo as to sufficiency of the bond. vi.) "Tail" Coverage: If any of the required liability insurance is on a "claims made" basis, "tail" coverage will be required at the completion of this Contract for a duration of two (2) years, or the maximum time period reasonably available in the marketplace. Contractor shall furnish certification of "tail' coverage as described or continuous "claims made" liability coverage for two (2) years following contract completion. Continuous "claims made" coverage will be acceptable in lieu of "tail" coverage provided its retroactive date is on or before the effective date of the pertinent contract. If continuous "claims made" coverage is used, Contractor shall be required to keep the coverage in effect for the duration of not less than two (2) years from the end of the contract. SECTION 8.2 ACCEPTABILITY OF INSURERS All of Contractor's insurance policies shall be written by insurance companies licensed in the State of New York and admitted in the State of New York or otherwise acceptable to the City's Comptroller in his sole discretion. SECTION 8.3 SUBCONTRACTORS The Contractor shall require subcontractors to provide the same "minimum scope and limits of insurance" as required herein, with the exception of Errors and Omissions/Professional Liability insurance, unless Errors and Omissions/Professional Liability insurance is applicable to the work performed by the subcontractor. Page6of14 SECTION 8.4 AGGREGATE LIMITS Consistent with the provisions of the City of Buffalo Charter & Code, the requested policies of insurance shall be subject to approval as to sufficiency by the City Comptroller. It is agreed that the Contractor shall notify the City when fifty percent (50%) of the requested aggregate limits are eroded during the contract term. If the aggregate limit of any policy of insurance requested herein is eroded for the full limit, the Contractor agrees to reinstate or purchase additional limits to meet the minimum limit requirements stated herein. The premium shall be paid for by the Contractor. Deductibles and Self -Insured Retentions: Any deductible or self-insured retention must be declared to and approved as to sufficiency by the City Comptroller. All deductibles or self-insured retentions are the sole responsibility of the Contractor to pay and/or to indemnify. SECTION 8.5 NOTICE OF CANCELLATION OR NONRENEWAL With the exception of. Professional Liability, each insurance policy required shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City. Contractor shall provide City thirty (30) days' prior written notice of cancellation, suspension, or reduction of Professional Liability coverage or limits. SECTION 8.6 WAIVER OF GOVERNMENTAL IMMUNITY Unless requested otherwise by the City, the Contractor and his insurer shall waive governmental immunity as defense and shall not use the defense of governmental immunity in the adjustment of claims or in the defense of any suit brought against the City. 10. RELATIONSHIP OF THE PARTIES Contractor and the City agree that Contractor is an independent contractor, and not an employee of the City and that in accordance with such status as an independent contractor, Contractor covenants and agrees that it will not hold itself out as, nor claim to be, an officer or employee of the City, including but not limited to: worker compensation coverage, unemployment insurance benefits, social security coverage, medical, dental or health insurance coverage, or employee retirement membership or credit by reason of this contract. Contractor shall not have the authority to bind or contract for the City, or any Department agency or unit thereof, or to make or incur indebtedness, liability or obligation on behalf of the City, or any department,agency or unit thereof. This contract shall not be construed as creating an exclusive contract for services. The City retains the right to contract with others to provide like or similar services. Contractor retains the right to provide such services to parties other than the City in its sole discretion. 11. PRIME CONTRACTOR RESPONSIBILITY All subcontractors shall be subject to prior approval by the City. Prior to contract execution, the Contractor will be required to furnish the corporate or company name and the names of the officers and principals of all subcontractors. Notwithstanding any such approval by the City, the Contractor shall itself be solely responsible for the performance of all work set forth in this contract and for compliance with the price and other terms provided herein. The Contractor shall cause the appropriate provisions of its proposal and this contract to be inserted in all subcontracts. Page 7of14 The City's consent to or prior approval of any subcontract or subcontractor proposed by the Contractor shall not create or purport to create any obligation of the City to any such subcontractor, or any form of contractual relationship or relationship of privity between the City and the subcontractor. Upon approval or consent by the City, Contractor shall insert a clause so providing in all subcontracts. 12. PERFORMANCE MONITORING All work performed by Contractor shall be subject to the approval and acceptance by the City or its designee. The City will monitor the performance of the Contractor against goals and performance standards required herein. The City or its designee shall review each portion of the work when certified as complete and submitted by the Contractor and shall inform the Contractor of any apparent deficiencies, defects, or incomplete work, at any stage of the project. Substandard performance as determined by the City will constitute non-compliance under this contract. If action to correct such substandard performance is not taken by the Contractor within a reasonable period of time after being notified by the City, contract termination procedures will be initiated. 13. RECORDS/RETENTION/INSPECTION All information, data, design, plans and other materials provided to the Contractor by the City shall be the sole and exclusive property of the City. All reports and other documents produced by the Contractor for the City under this agreement shall be the sole and exclusive property of the City. All design, software, . and other material furnished to the City by the Contractor comprising derivative works from Contractor's pre-existing intellectual property shall remain the sole and exclusive property of the Contractor. All reports, including preliminary findings, interim reports, final recommendations and the work product thereof, shall be the exclusive property of the City of Buffalo; and any duplication, publishing or other use thereof by . any. person, including the Contractor, without the prior, expressed, written authorization of the City, is strictly prohibited. Contractor further agrees that all records arising from or relating to work performed for the City under this contract shall be maintained for a period not less than three (3) years after the expiration or termination of this contract. Section 12.1 Retention of Records Contractor shall retain all records, including records pertinent to expenditures incurred under this contract for a period of three years after the resolution of all audit findings. Records for non - expendable property acquired with funds under the contract shall be retained for three years after final disposition of such property. Section 12.2 Inspection of Records All records with respect to any matters covered by this contract shall be made available to the City or its designees at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 14. GENERAL MUNICIPAL LAW §109: ASSIGNMENT OF CONTRACTS Page 8of14 In accordance with General Municipal Law § 109 you are hereby prohibited from assigning, transferring, conveying, subletting' or otherwise disposing of this contract, or of any right, title, or interests herein, or the power to execute such contract, to any other person or corporation without the previous consent in writing of the City. If any contractor, to whom any contract is let, granted or awarded, as required by law, shall without the previous written consent of the City, assign, transfer, convey, sublet or otherwise dispose of this contract, or any right, title or interest therein, or the power to execute such contract, to any other person or corporation, the City shall have the unilateral right to revoke and annul such contract, and the City shall be relieved and discharged from any and all liability and obligations growing out of such contract to such contractor, and to the person or corporation to which such contract shall have. been assigned, transferred, conveyed, sublet or otherwise disposed of, and such contractor, and his assignees, transferees or sub -lessees shall forfeit and lose all moneys, theretofore earned under such contract, except so much as may be required to pay his employees. The provisions of this section shall not hinder, prevent, or affect an assignment by any such contractor for the benefit of his creditors made pursuant to the laws of the State of New York. 15. GENERAL MUNICIPAL LAW §103-D: NON -COLLUSION In accordance with General Municipal Law § 103-d, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that it was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, and authorized and responsible person executed and delivered to the City a non -collusive bidding certification on Contractor's behalf. In this connection, it should be noted that the fact that a bidder has published price lists, rates or tariffs covering items being procured or has informed prospective customers of the proposed or pending publication of new or revised price lists for such items, or has sold the same items to other customers at the same price as being bid, does not constitute, without more, a disclosure to any other bidder or to any competitor within the meaning of the non -collusive certification included in the form of proposal. 16. SECTION 220-E, LABOR LAW PROVISIONS IN CONTRACTS PROHIBITING DISCRIMINATION ON ACCOUNT OF RACE, CREED, COLOR OR NATIONAL ORIGIN IN EMPLOYMENT OF CITIZENS UPON PUBLIC WORKS. Every contract for or on behalf of the state or a municipality for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies shall contain provisions by which the contractor with the state or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, n� contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the state of New York who is qualified and available to perform the work to which the employment relates; Page 9of14 (b) That no contractor, subcontractor, nor any person on his/her behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color , disability, sex or national origin; (c) That there may be deducted from the amount payable to the contractor by the state or municipality under this contract a penalty of fifty dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; (d) That this contract may be canceled or terminated by the state or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract; and (e) The aforesaid provisions of this section covering every contract for or on behalf of the state or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the state of New York. 17. CITY OF BUFFALO LIVING WAGE Contractor shall comply with the Living Wage Ordinance of the City of Buffalo (Buffalo City Code § 96-19), if applicable. The ordinance applies to contracts in which the City pays or receives over $50,000 and the employer has at least ten (10) employees. It does not apply to contracts for professional services. Compliance includes: ✓ Paying all covered employees a living wage. Covered employees are all employees, full or part-time, employed in, on, or for the project or matter subject to the contract, except persons employed in construction work covered pursuant to federal or state prevailing wage laws. ✓ Submitting quarterly reports to the Living Wage Commission, including the name, address, classification, period of employment and wage rate of all employees covered by the ordinance. ✓ Posting two (2) copies of the Ordinance or a summary approved by the Living Wage Commission in conspicuous places where notices to employees and applicants for employment are customarily posted. Informing employees making less than $12 per hour of their possible right to the Federal Earned Income Credit and making available forms required to secure advance Earned Income Credit payments from Contractor. Contractor's violation of the ordinance will enable any aggrieved employee to file an action against the contractor for damages and/or a grievance with the City's Living Wage Commission. The City has the discretion to terminate the contract and pursue any other legal remedies if Contractor fails to comply with the ordinance. 18. CONFLICT OF INTEREST Contractor represents that none of its employees, officers, compensated members, or consultants benefiting from this contract are or for the duration of the term of this contract will be employees of Tage10of14 the City nor are their immediate family members employees of the City nor will their employees, officers, compensated members, or consultants obtain a financial interest under the terms of this contract, either for themselves .or those whom they have immediate family or business ties, during their tenure or for one year thereafter, unless such potential conflict is identified and waived by the City. Violation of the terms of this section of contract may warrant termination of this contract. Contractor shall report all conflicts of interest for review by the City by the submission of the report enclosed as Exhibit D. 19. CONFIDENTIALITY Contractor agrees that all records and information obtained either directly or indirectly by reason of this contract and the work performed thereto, shall not be sold, divulged, disclosed or communicated in any manner whatsoever to any third party without the prior written consent of the City. Contractor agrees to comply with all applicable Federal and State laws and regulations governing the use and rights of access to City records and information. These provisions shall remain in full force and effect for an indefinite period even after the termination of this contract. 20. APPLICABLE LAW Contractor shall comply with all laws, rules, regulations and ordinances of the U.S. Government, the State of New York, and the City of Buffalo, including but not limited to the City Living Wage ordinance; and any other political subdivision of regulatory body which may apply to its performance under this contract. This contract shall be governed by the laws of the State of New York. Prior to the commencement of any proceeding against the City related to this contract, the Contractor shall provide the City with written notice stating the general nature of each claim, dispute, or other matter within twenty (20) days of the event giving rise to the claim. For all purposes of this contract, the parties submit themselves to the jurisdiction of the Supreme Court of the State of New York, County of Erie, City of Buffalo and consents that any and all litigation shall be in such court. Further, all proceedings relating to any disputes, including but not limited to, arbitrations, motions, mediations, depositions, meetings, and trials shall be held in Buffalo, New York. 21. COPYRIGHT AND PATENT RIGHTS Contractor hereby warrants that it owns all right, title and interest to the materials, services, products and any work product it provides .to the City pursuant to this contract. Contractor further warrants that there are no existing claims of violation and that it has no knowledge of any potential claims of violation of copyrights or patent rights materials, services, products and any work product being provided under this contract. Contractor shall indemnify and defend the City of Buffalo in any claim or action brought against the City of Buffalo based upon a claim that the software, hardware, materials, services, products and any work product provided by the Contractor violated any copyright or patent rights. 22. PUBLICITY/MARKETING Page 11 of 14 -1� Any and all marketing, publicity (including, but not limited to, news releases, news conferences, and commercial advertising) relating to this contract and/or the services or products provided under this contract utilizing and/or referencing the City shall require the prior written approval of the City. 23. SEVERABILITY Each and every provision and clause required by law to be inserted in this contract shall be deemed to be inserted and the contract shall be read and enforced as though such provisions and clauses were included herein. If, through mistake or otherwise, any provision is not inserted or is not correctly inserted then, upon the written consent of the parties, this contract shall forthwith be physically amended to make such insertion. If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of the contract is invalid or unenforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 24. WAIVERS The failure of either party to enforce any provision of this contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this contract. 25. PRIOR APPROVALS The terms of this contract, including any and all extensions, modifications, or amendments thereto, shall be subject to the prior approval of the Buffalo Common Council, approval as to form by the Corporation Counsel, and appropriation by the City Comptroller. 26. AMENDMENT This contract may be modified or amended if the modification or amendment is made in writing and executed by both parties subject to all municipal approvals. 27. ENTIRE AGREEMENT This contract represents the entire agreement of the parties and there are no other promises or conditions in any other agreement either oral or written. This contract supersedes any prior written or oral agreement between the parties. Page 12of14 IN WITNESS WHEREOF,.the City and Contractor have caused this contract to be executed. THE CITY OF BUFFALO Barnes Chief Information Officer APPROVED AS TO CONTENT: Date Daryl Springer RELIANCE COMMUNICATIONS, LLC. Jt -(o rtto Date APPROVED AS TO FORM ONLY: Date Corporation Counsel Tage13 of14 (\\ ACKNOWLEDGMENTS State of County of ) ss On day of in • the year , before me the undersigned, personally appeared - , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me -that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public ********************************************* - State of New York) County of Erie) ss On day of in the year , before me the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public fPage14of14 civiclive0 room., 14.1 LICENSE AGREEMENT — TERMS & CONDITIONS Between: and: Reliance Communications. LLC Citv of Buffalo. NY 100 Enterprise Way,.Sulte 300-A Scotts Valley, CA 95066 United States (hereinafter referred to as "Provider") 65 Niagara Square, 1201 City Hall Buffalo, NY 14202 United States (hereinafter referred to as "Client") This Agreement sets out the terms pursuant to which Client may use the Licensed Materials (as that term Is hereinafter defined). The "PLATFORM SUITE License Agreement - Terms and Conditions" on the following pages of this document and the attached Appendices form an Integral part of this Agreement The parties by their authorized representatives and intending to be legally bound have entered Into this Agreement upon execution of same, as indicated below (the "Effective Date"). Reliance Communications, LLC Citv of Buffalo, NY Signature: r Name: V.la \•E' "kt-rear\ o r4r.F%; do (Nis, Date: oq-cip-am • Signature: Name: Title: OA \i‘l-Yozi,A61-1OWIfL Date: • A I 9-6 conclive 40MNI OE IIRVE These Terms for Services (as defined below) apply to sales made by Reliance Communications, LLC ("Provider") to the Client issuing a purchase order or similar instrument to Provider ("Client"), as of the date of such purchase order ("Effective Date"). These terms consist of these terms and conditions and any order forms, purchase orders or statements of work referencing these terms or issued by Client to Provider, and any quotes from Provider to Client on which a purchase order is based (each, an "Order") describing the Provider Services that Provider agrees to provide to Client. The parties hereby agree as follows: 1. Services and Orders. The services are the automated services, business process services or other related services agreed to in the applicable Order, as reflected in Appendices A & B, and provided by Provider (the "Services"). Orders may be executed by Client and Provider or by Client and a Provider Affiliate (as defined in Rule 405 of the Securities Act of 1933), must incorporate this Agreement by reference, shall govern and control in case of conflict with any other agreement, and in conjunction with this Agreement shall form a separate agreement between Client and Provider or between Client and the Provider Affiliate that executes the applicable Order. Client shall look only to the Provider Affiliate that executes the Order with respect to any right or obligation with respect to such Order. By executing an Order or using or accessing the Services, Client agrees to be bound by this Agreement. 2. Term and Termination. 2.1. Term. This Agreement will continue from the Effective Date until the expiration or termination of the latest -ending Order. Each Order will specify its duration (each an "Order Term"). The termination of any Order shall not otherwise effect this Agreement or any other Order. 2.2. Termination of an Order For Cause. Any Order may be terminated as follows: (a) by either, party upon the failure by the other party to perform any material obligation related to such Order that is not cured within thirty (30) days after receipt of written notice and demand for cure from the affected party; or (b) by either party upon the violation by the other party of any applicable state or federal law, statute, rule or regulation in relation to its performance of the Order; provided that such right to terminate shall only be available for 30 days from the time that the non -violating party is aware or should have been aware of such breach. 3. Charges. Client agrees to pay for the Services in accordance with the rates set forth in the applicable Order in addition to all applicable taxes, fees and surcharges set forth on Client's invoice. Any sum due Provider hereunder will be due and payable via electronic funds (ACH, EFT or wire) or check thirty (30) days from the date of invoice. In the event part of an invoice is in dispute, Client agrees to pay the undisputed portion of the invoice and make a note on the invoice regarding the disputed portion within forty-five (45) days from the date of invoice, otherwise Client will be deemed to agree to such charges and Provider will not be subject to making adjustments to charges or invoices. 4. Maintenance of Service. Provider agrees to provide and maintain the Services in a workmanlike manner customary for service providers in the industry. Client agrees to provide and maintain systems and materials reasonably required by Provider to perform the Services, including as applicable, but not limited to: Client or third party databases; Client or third party software, hardware, systems, routing, and network addresses and configurations; and key contacts for problem escalation (collectively the "Client Systems and Materials"). Provider shall not be liable hereunder relating to the Client Systems and Materials including Page 2 of 14 civiclive' t:f)NNp Ct •¢NGAGE.IIIIR. zsi the failure by Client to timely provide the Client Systems and Materials. 5. Representations And Warranties. 5.1. Each party represents and warrants to the other that: (a) its execution and performance of this Agreement and the applicable Order will not violate any provision of law, rule, regulation to which such party is subject; and (b) such party will comply with all laws, rules and regulations pursuant to which such party conducts its business. 5.2. Each party represents and warrants to the other that: (a) it has all requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement and the applicable Order; (b) the execution, delivery and performance of this Agreement and the applicable Order have been duly authorized by such party; (c) it will or has obtained all necessary approvals, authorizations or consents required by the governmental or regulatory authority in order for it to enter into and perform its obligations under this Agreement and the applicable Order; and (d) the signatory to this Agreement and the applicable Order possesses all necessary authority to enter into the Agreement and applicable Order. 5.3. Client represents and warrants that: (a) the Client Systems and Materials, all representations to be made by Provider as a part of Client's programs, and the content, timing, recipients and nature of all programs (including outbound communications and promotions and advertising to induce calls to Client's programs) will be in compliance with all laws, rules, regulations; and (b) Client is solely responsible for the content and rights to use the Client Systems and Materials and Provider's use of the Client Systems and Materials shall not violate the rights of any third party or any law, rule or regulation. Client specifically acknowledges and agrees that Provider has not and is not expected to provide Client with any • analysis, interpretation or advice regarding the compliance of any aspect of Client's Materials or programs with any third party rights or laws, rules, or regulations. Upon request, Client shall provide reasonable proof of compliance with the provisions set forth in this section and Provider shall have no obligation to provide Services where Provider reasonably believes that Client has not so complied. 5.4. Provider represents and warrants that Provider can grant the licenses, and privileges granted by this Agreement ("Licensed Materials"). Provider further represents and warrants that Provider has no actual knowledge of any infringement claims filed against Provider for practicing the Licensed Materials anywhere in the world.. 6. License and Content. 6.1. Subject to Client's compliance with the terms and conditions of this Agreement, Provider hereby grants Client a non-exclusive license during the applicable Order Term to use the Services set forth in the applicable Order. Except as specifically set forth herein, Provider or its suppliers retain all right, title, and interest, including all intellectual property rights, relating toor embodied in the Services, including without limitation all technology, telephone numbers, software, or systems relating to the Services. Client agrees not to reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any software related to the Services. Other than using the Services for Client's internal business purposes, Client may not resell the Services or otherwise generate income from the Services. The City retains all rights and ownership of all web addresses, domains and social media accounts created and used for the website. 6.2. Client is solely responsible for the information or content submitted, posted, transmitted or made available through its use of the Services ("Content"). Client may use the Page 3 of 14 civ.IclivO CT •1N6A6F• IIIiNVl. Services to transmit Content or direct Provider to make contacts via any channel (in either case "Messages") to, or with, recipients (the "Recipients"). Client is responsible for maintaining the confidentiality of its accounts and owner numbers and necessary codes, passwords and personal identification numbers used in conjunction with the Services and for all uses of the Services in association with its accounts whether or not authorized by it including unintended usage due to holidays, daylight savings, computer clock errors or similar circumstances. Client acknowledges and agrees that Provider does not control nor monitor the Content nor guarantee the accuracy, integrity, security or quality of such Content. Use of recording or taping any use of the Services may subject Client to laws or regulations and Client is solely responsible for and obligated to provide any required notification to those being recorded or taped. 6.3. Client represents and warrants that: (a) it has the legal right to use all Content and send all Messages to the Recipients (including obtaining any required consents from the Recipients) and the content, timing and purpose of all Messages, campaigns and programs are in compliance with all applicable laws, rules and regulations; (b) it is the transmitter of all Content and Messages and Provider is merely acting at Client's direction as a technology conduit for the transmission of the Content and the Messages; (c) Provider's use of the Content shall not violate the rights of any third party or any law, rule or regulation and (d) it will not transmit or allow to be transmitted any Content or Messages that: (i) it does not have a right to make available under any law or under contractual or fiduciary relationship; (ii) are false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; harmful to minors in any way; (iii) infringe any patent, trademark, trade secret, copyright, or other proprietary rights or rights of publicity or privacy of any party; (iv) utilize any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", or any other forms of solicitation; or (v) interfere with or disrupts the Services or servers or network operator networks. 6.4. Client further represents and warrants that: (a) it has obtained prior express consent to contact each wireless phone number delivered by Client to Provider in connection with the provision of any Services delivering a prerecorded message or text, ("Notification Services") and that the intended contact recipient is the current subscriber to, or the non -subscriber customary user of, the wireless phone number; (b) it (1) has incorporated an interactive opt - out mechanism as part of any program relating to any Notification Services or (2) the contacts that are the subject of such Notification Services are not initiated to induce the purchase of goods or services or to solicit a charitable contribution ("Solicitations"), and (c) it has obtained from the recipient of any Solicitation an express written agreement that meets the requirements set forth in Section 310.4(b)(1)(v)(A) of the FTC's Telemarketing Sales RuJe. 6.5. Client acknowledges and agrees that where Provider reasonably believes that Client may not have complied with all laws, rules and regulations applicable to the performance of Notification Services, Provider may, at its option: (i) scrub all numbers against any appropriate data base deemed necessary to remove all wireless phone numbers; (ii) insert an interactive opt -out mechanism and pass the resulting data to client, or (iii) not provide any Notification Services. 6.6. Client shall indemnify, defend and hold Provider, its affiliates and their officers, directors, employees and agents harmless from and against any and all claims of loss, Page 4 of 14 C!v!cIive Ci ENGAOf. SERVE damages, liability, costs, and expenses (including reasonable attorneys' fees and expenses) arising out of or resulting from Provider following Client's instructions in sending the Messages or Client's breach of any representation and warranty set forth in Sections 6.2 — 6.6. 7. Confidentiality and Proprietary Information. 7.1. Each party may disclose (the "Discloser") confidential and proprietary information ("Confidential Information") to the other party (the "Recipient"). In each such case, the Recipient shall hold such Confidential Information in confidence and shall not disclose such Confidential Information except to a party's Affiliates, employees or agents who have a need to know such Confidential Information in order to perform such party's obligations under this Agreement. Client's Confidential Information shall include all information relating to the trade secrets or business affairs of. Client including consumer data, merchandising plans, marketing plans and product design and information. Provider's Confidential Information shall include the computers, systems and software operating the Service and all documentation, development tools, phone numbers, know-how and data related thereto, and any derivative works thereof as well as physical property, analytical procedures, techniques, skills, ideas, models, research, development, trade secrets or business affairs of Provider, its Affiliates or their employees, suppliers or agents. Neither party shall have any rights in the other party's Confidential Information and shall return or destroy all such Confidential Information upon the termination of the applicable Order or the request of the Discloser. Notwithstanding the foregoing, the parties acknowledge that Recipient shall not be required to return to Discloser or destroy those copies of Confidential Information residing on Recipient's backup, disaster recovery, or business continuity systems and the obligations hereunder with respect to such Confidential Information shall survive until such Confidential Information is destroyed. 7.2. Notwithstanding any other term hereof, the term "Confidential Information" shall not include information that: (a) was already in the lawful possession of the Recipient prior to receipt thereof, directly or indirectly, from the Discloser; (b) lawfully becomes available to Recipient on a non -confidential basis from a source other than Discloser that is not under an obligation to keep such information confidential; (c) is generally available to the public other than as a result of a breach of this Agreement by Recipient or its representative(s); or (d) is subsequently and independently developed by employees, consultants or agents of the Recipient without reference to the Confidential Information disclosed hereunder. In addition, a party shall not be considered to have breached its obligations by disclosing Confidential Information of the other party as required by applicable state or federal law or to satisfy any request.of a competent governmental body provided that, promptly upon receiving any such request and to the extent practicable or that it may legally do so, such party advises the other party of the request prior to making such disclosure in order that the other party may interpose an objection to such disclosure, take action to assure confidential handling of the Confidential Information, or take such other action as it deems appropriate to protect the Confidential Information. 8. Indemnification. 8.1. General Indemnity. Provider shall indemnify, defend and hold Client, its Affiliates and their officers, directors, employees and agents harmless from and against any and all third party claims of loss, damages, liability, costs, and expenses (including reasonable attorneys' fees and expenses) arising out of or resulting from a breach by Provider of any Page 5 of 14 civucl ive term of this Agreement or an Order. Nothing herein shall require the Provider to indemnify the Client for any claim or any portion of any claim that arises from the Client's reckless, wanton, wrongful, or otherwise negligent acts of the Client. 8.2. Provider Intellectual Property Indemnity. Provider will have the obligation and right at the entire expense of Provider to defend any claim, suit or proceeding brought against Client its Affiliates or their officers, directors, employees or agents so far as it is based on a third party claim(s) that the Services supplied by Provider infringe a United States copyright or a United States patent issued as of the effective date of this agreement, provided, that Provider will have no indemnity obligation or other liability hereunder arising from: (1) Client's willful, reckless, wanton, wrongful, or otherwise negligent acts; (2) breach of the Agreement or an Order or alteration of the Services as provided by Provider and where such actions are directly related to the infringement claim, suit or proceeding; (3) the Client's Systems and Materials or Services that are directly related to the infringement claim, suit or proceeding are based upon the Client Systems and Materials, or information, design, specifications, directions, instruction, software, data, or materials that were not furnished by Provider; (4) that portion of the Services with the Client's Systems and Materials or any materials, products or services that were not provided by Provider; or any (5) third party products or services that were not provided by Provider. Notwithstanding the foregoing, in order to be indemnified to the extent stated, the Client must operate the Licensed Materials within the instructions and technical limits provided or approved by the Provider. If such a 'claim is or is likely to be made, Provider. will, at its own expense and sole discretion, exercise one or the following remedies: (1) obtain for Client the right to continue to use, the Services consistent with this Agreement; (2) modify the Services so they are non -infringing and in compliance with this Agreement; (3) terminate the applicable Services without liability for such termination other than the ongoing indemnity obligation hereunder. The foregoing states the entire obligation of Provider and its suppliers with respect to infringement of proprietary rights. 8.3. Indemnification Procedure. Provider understands and agrees that Client is a governmental entity for which certain statutory defenses to any cause of action arising from this agreement or the services provided hereunder may be available, but that such defenses may not also extend to Provider. Client and Provider agree to cooperate with each other to facilitate that settlement or defense of any third party claim(s) that the Services supplied by Provider infringe a United States copyright or a United States patent issued as of the effective date of this agreement. Upon its receipt of any such claim(s) that the Client seeks indemnification under this agreement, the Client agrees to: (a) provide prompt written notice to Provider of any claim in respect of which the indemnity may apply; (b) at its sole discretion, relinquish control of the defense of the claim to the indemnifying party; and (c) provide Provider with all assistance reasonably requested in defense of the claim. Provider shall be entitled to settle any claim without the written consent of Client so long as such settlement only involves the payment of money by Provider and in no way affects any rights of the Client. To the extent that the settlement of any such claim(s) imposes obligations on Client other than financial obligations for which Provider is responsible, then such settlement shall be subject to the final approval of the Client, including its Common Council, Comptroller and Corporation Counsel. The indemnities set forth herein shall not apply to the willfulness on the part of Client or negligence of the Client. 9. Miscellaneous. 9.1. Entire Agreement and Integration. This Agreement, in conjunction with the applicable Order constitutes the entire agreement between the parties to such Order with Page 6 of 14 CIVICIIVO ' respect to the subject matter of this Agreement and the applicable Order and supersede all prior agreements, discussions, proposals, representations or warranties, whether written or oral. The. Agreement and Orders may be executed by fax, and/or in any number of counterparts, all of which shall together be considered an original and may be evidenced by a fax or scanned electronic (e.g. .pdf, .tif) copy. 9.2. Notices. Any notice to be provided shall be in writing and shall be deemed given: (a) if by hand delivery, upon receipt thereof, (b) if mailed, three (3) days after deposit in the United States mail, postage prepaid, certified mail return receipt requested, or (c) if by next day delivery service, upon such delivery, or (d) if by facsimile transmission, upon receipt of such transmission, to the addresses or facsimile numbers set forth below the signature block or to such other addresses or facsimile numbers as either party may designate from time to time by written notice to the other party hereto. 9.3. Assignment. This Agreement and Orders may not be assigned or transferred by a party thereto without the prior written consent of the other party thereto, which consent shall not be unreasonably withheld. 9.4. Waiver. No course of dealing or failure of a party to enforce strictly any term or provision or to, exercise any right, obligation, or option provided, will waive such term, provision, right, obligation or option. 9.5. Independent Contractors. The Agreement and Orders are not a joint venture or partnership, and each party is entering the relationship as a principal and not as an agent of the other. The parties hereto agree that Provider is an independent contractor in performing the Services. 9.6. Choice of Law. This Agreement and Orders shall be governed under the laws of the State of New York without regard for its choice of law principles. Client agrees that any legal action involving this Agreement or Orders in any way will be instituted in a court of competent jurisdiction located in the State of New York, and Client consents to jurisdiction of the state or Federal courts in the State of New York over Client's person for purpose of such legal action. 9.7. Enforcement. All users of the Services must adhere to the terms of this Agreement. Provider has the right, but are not obligated, to strictly enforce this Agreement through self- help, active investigation, litigation and prosecution. Provider may also access and disclose any information (including transactional information) related to Client's access and use of our website or network for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with law, rule or regulation (e.g., a lawful subpoena); (3) protecting our rights or property and those of our Clients; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. 9.8. Recording. Client agrees that all calls may be recorded or monitored by Provider at • Provider's option. Such recording or monitoring shall not violate any state or federal law. 9.9. Taxes. Provider shall add to each invoice and Client shall pay any sales, use, excise, value-added, gross receipts, services, labor related, consumption and other similar taxes or surcharges , however designated, that are levied by any taxing authority in connection with the provision or use of Services under this Agreement or any Order. If at any time during the Term of this Agreement . or any Order, Provider believes that it is required by law to collect any new or additional taxes for which Client would be responsible for paying, Provider shall notify Client of such taxes, collect such taxes directly from Client Page 7 of 14 CIVIClive HIGi •LMGALLL•11 L.. and remit such taxes to the appropriate governmental authority. If any taxing authority determines at any time that Provider has incorrectly determined any tax liability regarding taxes for which Client is responsible pursuant to this Agreement or any Order, Provider shall have the right to invoice Client for such taxes determined by such taxing authority to be due and owing. If Client is exempt from taxes, Client shall provide a copy of any documentation evidencing such exemption before it begins to receive any of the Services. 9.10. Severability. If any provision of this Agreement or the applicable Order is held invalid or unenforceable at law, such provision shall be modified, rewritten or interpreted to include as. much of its nature and scope as •will render it enforceable and the remainder of this Agreement and the applicable Order will continue in effect and be valid and enforceable to the fullest extent. 9.11. No Third party Beneficiaries. This Agreement and Orders are for the sole benefit of the parties to such Order and are not intended to, nor shall it be construed to, create any right or confer any benefit on or against any third party. 9.12. Interpretation. "Including" means "including, without limitation", and "days" refers to calendar days. This Agreement and each Order is the joint work product of the parties thereto, and no inference may be drawn or rules of construction applied against either party to interpret ambiguities. If any terms of this Agreement and an Order conflict, the terms of the Order will govern for that Order only. No preprinted or form terms, including on any purchase order, will apply. 9.13. Force Maieure. Neither party shall be liable for delays and/or defaults in its performance (other than Client's obligation to pay fees for Services performed) due to causes beyond its reasonable control, including, but without limiting the generality of the foregoing: acts of god or of the public enemy; fire or explosion; flood; stability or availability of the Internet; the elements; telecommunication system failure; war; technology attacks, epidemic; acts of terrorism; riots; embargoes; quarantine; viruses; strikes; lockouts; disputes with workmen or other labor disturbances; total or partial failure of transportation, utilities, delivery facilities, or supplies; acts or requests of any governmental authority; or any other cause beyond its reasonable control, whether or not similar to the foregoing. 9.14. Amendments. Each amendment, change, waiver, or discharge shall only be valid if made in writing by authorized representatives of all applicable parties. 9.15. Survival. All provisions of this Agreement or any Orders which by their nature should survive termination shall survive termination including Sections 2, 3, 5, 6, 7, 8 and 9 of this Agreement. 10. Limited Warranty and Limitation of Liability. 10.1. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PROVIDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, AND PROVIDER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT. PROVIDER EXPRESSLY DENIES ANY REPRESENTATION OR WARRANTY ABOUT THE ACCURACY OR CONDITION OF DATA OR THAT THE SERVICES OR RELATED SYSTEMS WILL OPERATE UNINTERRUPTED OR ERROR -FREE. 10.2. EXCEPT WHERE PERMITTED BY A COURT ORDER, NO CAUSE OR ACTION WHICH ACCRUED MORE THAN TWO (2) YEARS PRIOR TO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED UNDER THIS AGREEMENT Page 8 of 14 caviclive 1MMIC1 • VI MS%: • Ii4MVti BY EITHER PARTY. 10.5. EXCEPT FOR THE PARTIES' PAYMENT OBLIGATIONS, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR LOSS OF GOODWILL, DATA OR PROFITS, OR COST OF COVER. THE TOTAL LIABILITY OF PROVIDER FOR ANY REASON, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO PROVIDER BY CLIENT UNDER THE ORDER APPLICABLE TO THE EVENT GIVING RISE TO SUCH ACTION DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE LIMITS ON LIABILITY IN THIS SECTION SHALL APPLY IN ALL' CASES INCLUDING IF THE APPLICABLE CLAIM ARISES OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT PRODUCT LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE OR FORESEEABLE. NOTWITHSTANDING THE FOREGOING, THIS LIMITATION OF LIABILITY SHALL NOT LIMIT THE EXTENT OF PROVIDER'S LIABILITY FOR BODILY INJURY, PERSONAL INJURY, PROPERTY DAMAGE OR DEATH. [INTENTIONALLY LEFT BLANK] Page 9 of 14 aviclive ...C1 • RV V. 6 • li IRAN APPENDIX A — LICENSED SOFTWARE AND FEES The Components which are the subject of the License, the Software Licenses granted to the Client and the fees payable to Provider hereunder are as follows: 1. Licensed Software The Components of the Platform Suite which are licensed to the City of Buffalo, NY hereunder are the following: • SitePublish Web Content Management System. 2. Software Licenses The utilization rights of the Client are as follows: (a) Client is granted an Unlimited -User Software License; (b) The Territory is the State of New York. 3. Professional Services Fees The following one-time Professional Services costs are included as part of the implementation: Website Design, Development & Implementation* $95,000 25 days of additional Professional Services Included 3 Subsites** Included On -Site Training*** Included Collaborative Content Migration Included Year Four Website Redesign Plan (if desired)**** Included Total Professional Services Fees: $95.000 *See separately provided proposal documents, hereby incorporated as part of Appendix D of this Agreement for cost, phase and line item detail per project timeline. **Subsites will utilize the same wireframe as the main site, plus additional colours and minor design changes (to be discussed in advance), and including all CMS modules and capabilities. ***Travel expenses to be charged separately and in addition. ****provided that Client has paid the annual fee for contract year four. Page 10of14 aviclive LmNec 4c,Aapumn 4. Payment Schedule re: Professional Services Fees INEMERIMMIKESTONESIMESSIEN Milestone 1- Kick -Off Meeting Completion Milestone 2- Designing Phase Deliverables Milestone 3- Configuring Phase Deliverables 1 Milestone 4- Training Phase Deliverables Milestone 5- Migrating Phase Deliverables Milestone 6- Stabilizing Phase Deliverables Milestone 7- Deploying Phase Deliverables intgOWONVPDXMOPtilaMaRta 25% ($23,750) 10% ($9,500) 25% ($23,750) 5% ($4,750) 5% ($4,750) 5% ($4,750) 25% ($23,750) [INTENTIONALLY LEFT BLANK] APPENDIX B — SAAS: HOSTING. MAINTENANCE AND SUPPORT 1. Software -as -a -Service (SAAS) The following are included as part of the Software -as -a -Service (SAAS): a) Enterprise -grade Data Protection and Unlimited -Bandwidth Website Hosting Services b) CMS Software Version Upgrades & Maintenance c) Unlimited Access to Technical Support Client will pay Provider each year (each such term is referred to here as an "Annual Hosting, Maintenance & Support Term"*) an annual fee of $16,500** due to Provider hereunder and is payable annually in advance. This annual fee may be increased annually by no more than 3% by Provider by providing Client with notice of not less than thirty (30) days prior to the end of any given annual term. *The initial Annual Hosting, Maintenance & Support Term is effective as of the contract execution date, and will remain in force for twelve (12) months ("Contract Year V). Page 11 of 14 Civiclive n 1:0.1C1 4 V4A4[ • RV. **This annual fee will not be charaedrnvoiced until twelve (12) months following contract execution. upon exolration of the initial Annual Hostina. Maintenance & yeort Term ("Contract Year 2"1_ 2. Technical Su000rt & Maintenance (a) Support: Provider will provide unlimited access to our Technical Support team once the Client's website has gone live. (b) Availabilitv:CivicLive Support will be available through Provider's Bug Tracking System and CivicLive's Support Email account (support@civiclive.com) to Client between the hours of 8:00 a.m. and 7:00 p.m. (Eastern timezone), during any day, other than a Saturday, Sunday, statutory or civic holiday in Toronto, Ontario or the client's local jurisdiction ("Normal Service Hours"). (c) Response Time: During Normal Service Hours, CivicLive Support will respond to Client's Support requests within twenty four (24) hours of the initial request; The time to solve, identify, diagnose, and correct errors (if necessary) will depend on the complexity of each problem. (d) Emeraencv Support & Resoonse Time: Provider will provide an emergency pager number for emergency support requests made outside of Normal Service Hours. Provider will guarantee a maximum four (4) hour response time, 24 hours a day, seven (7) days a week. 3. Client's Obliaations (a) Access: During each Hosting, Maintenance & Support Term, Client will provide Provider with reasonable access (via remote telecommunications or on-site access at Client's premises, as applicable) to Client's copies of the Licensed Software to the extent necessary, in Provider's discretion, to enable Provider to meet its support obligations as set forth in this Agreement. • (b) Communications Link: During this Agreement, Client may, at its sole expense, provide access via the Internet. Provider may be entitled to use this Internet connection in discharging its responsibilities under this Agreement. Provider shall have no liability to Client if Provider's ability to render support is impaired by Client's inability to provide telecommunications functionality required for remote support. (c) Maintenance: Client shall designate two (2) individuals to be generally available to confer with Provider regarding Maintenance Services ("Maintenance Contacts"). Provider will provide Maintenance Services only to Client's Maintenance Contacts. 4. Fees for Other Services Page 12 of 14 aviclive ...mot. It fiV. Client shall reimburse Provider for reasonable travel expenses, and reasonable incidental expenses relating to Maintenance Service at Provider's then current prices then in effect. Provider shall bill such fees and expenses on a monthly basis, attaching time sheets normally used by Provider. Client shall not be liable for the aforesaid expenses unless Client has given Provider prior written approval to incur them. [INTENTIONALLY LEFT BLANK] APPENDIX C — MARKETING 1. Client permits Provider to include an example of the Client's home page and a link to the Client's website on the Provider's corporate website(s). 1. Client agrees to allow Provider to display a "Powered by CivicLive" insignia and web link at the bottom of their web pages. 3. Client understands that the pricing and any related discount structure provided under this Agreement assumes such perpetual permission. APPENDIX D — CIVICLIVE PROPOSAL The separately provided project proposal and pricing documents submitted by Provider / CivicLive in response to Client's Request for Proposals (RFP) for the project that forms the subject of this Agreement are hereby incorporated as Appendix D of same. Page 13 of 14 ciMMclive :CINICi-,NOTO[• II„YF APPENDIX SIGNATURE BLOCK Reliance Communications, LLC CustomerCity of Buffalo. NY Signature: c -�”/�' _ . Signature: ,K4,4..rt)-14--- Name: 3 € `•R`CW1 Name: 1J p. 1l'l , aR Title: 1\' N \ se.st,t�E t Title: ,'-ear ' 1. OLnM1,� � a�lk- (3 j A Date: N n - Cit (N -c 1t.D Date: ,T .to c__ 2_0 I L - Page 14 of 14 Permission to Enter into an Agreement — CMS System — Professional Services Contract and License Agreement (MIS) Mr. Rivera moved: That the above item be, and the above communication from the Chief Information Officer of the Department of Management Information Systems, dated June 7, 2016, be received and filed; and That the Common Council hereby authorizes the Chief Information Officer of the Department of Management Information Systems to execute an agreement with CivicLive to provide a new public website and Content Management System, subject only to such notes and clarifications as are recommended by the Corporation Counsel in finalizing the terms of the agreement. PASSED - AYES 9, NOES 0 C:\UsersVmcinsldWppData\l.ocal\Microsoft\Windows\Temporary Internet Files \ContentOutlook\OX32QV W6\pemdssion to Enter Into Agreement -CMS System.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6] [3/4 - 7] *AYE* NO * * * * * * * * * * * gA FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS June 7, 2016 01302 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 2, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10963 [: No Standing - Repeal [: on Virginia Street, south side [: between Ellicott Street [: and Michigan Avenue [: ( Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx/xx/xxl NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Virginia Street, south side between Ellicott Street and Michigan Avenue At all times SJS/MJF/EDS/RWS Cc: Kevin Helfer TYPE DEPARTMENT HEAD NAME: Michael J. Finn, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (10963.doc) #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 2, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10964 [: Install Metered Parking [: on Virginia Street, south side [: between Ellicott Street [: and Michigan Avenue [: (except No Standing and No Parking areas) [: ( Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xxl METERED PARKING - INSTALL [: In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING Virginia Street, south side between Ellicott Street and Michigan Avenue (except No Standing and No Parking areas) 10 Hour Maximum 7 a.m. to 5 p.m. Monday - Friday SJS/MJF/EDS/RWS Cc: Kevin Helfer TYPE DEPARTMENT HEAD NAME: Michael J. Finn, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (10964.dac) Rate E $3.00 per day #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 2, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10965 [: Permissive Parking - Repeal [: on Washington Street, west side [: between Goodell Street [: and High Street [: ( Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx/xx/xx) PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY Washington Street, west side between Goodell Street and High Street 2 hour parking 7 a.m. to 7 p.m. Except Sunday SJS/MJF/EDS/RWS Cc: Kevin Helfer TYPE DEPARTMENT HEAD NAME: Michael J. Finn, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (10965.doc) #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 2, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10966 [: Install Metered Parking [: on Washington Street, west side [: between Goodell Street [: and High Street [: (except No Standing and No Parking areas) [: ( Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xxl METERED PARKING - INSTALL [: QO In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING Washington Street, west side between Goodell Street and High Street (except No Standing and No Parking areas) 4 Hour Maximum 8 a.m. to 5 p.m. Monday - Friday SJS/MJF/EDS/RWS Cc: Kevin Helfer TYPE DEPARTMENT HEAD NAME: Michael J. Finn, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (10966.doc) Rate C $1.00 per hour #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 2, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10967 [: No Standing - Repeal [: on Carlton Street, north side [: between Ellicott Street [: and Michigan Avenue [: ( Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xx) NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Carlton Street, north side between Ellicott Street and Michigan Avenue At all times SJS/MJF/EDS/RWS Cc: Kevin Helfer TYPE DEPARTMENT HEAD NAME: Michael J. Finn, P.E. TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: (10967.dw) City Engineer #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 2, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10968 [: Install Metered Parking [: on Carlton Street, north side [: between Ellicott Street [: and Elm Street [: (except No Standing and No Parking areas) [: ( Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx. C.C.P. xx/xx/xxl METERED PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING Carlton Street, north side between Ellicott Street and Elm Street (except No Standing and No Parking areas) 4 Hour Maximum 8 a.m. to 5 p.m. Monday - Friday SJS/MJF/EDS/RWS Cc: Kevin Helfer TYPE DEPARTMENT HEAD NAME: Michael J. Finn, P.E. TYPE TITLE: City Engineer (10968.doc) SIGNATURE OF DEPARTMENT HEAD: Rate C $1.00 per hour #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 11,1) TO: THE COMMON COUNCIL DATE: June 2, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: • [: Notification Serial #10969 [: Install No Standing [: on Carlton Street, north side [: between Elm Street [: and Michigan Avenue [: ( Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx. C.C.P. xx/xx/xx) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Carlton Street, north side between Elm Street and Michigan Avenue SJS/MJF/EDS/RWS Cc: Kevin Helfer, Parking TYPE DEPARTMENT HEAD NAME: Michael J. Finn, P.E. TYPE TITLE: City Engineer (10969.doc) At all times RECEIVED AND FILED SIGNATURE OF DEPARTMENT HEAD: nm HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: City Clerk's Department BUFFALO June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1303 PASSED June 7, 2016 Change in Contract — Erie Basin Marina The Hatch Phase II -Electric (Fill) • APPROVED JUN 1 5 2016 MAYOR Gerald A Chwalinski City Clerk r s) #1 (F;ev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 28, 2016 FROM: DEPARTMENT: Public Works. Parks & Streets DIVISION: Buildings 01 303 SUBJECT: [: Change in Contract [: Erie Basin Marina — The Hatch Phase II [: Electric [: Fillmore District PRIOR COUNCIL REFERENCE: (IF ANY) [: #705 of 3/29/16 TEXT: I hereby submit to Your Honorable Body the following change for Erie Basin Marina — The Hatch Phase II, Electrical, Goodwin Electric, Contract #93001501. 1) Revised Kitchen Layout Add $ 2,797.30 2) Install circuit for Exterior Sign Add $ 296.77 The foregoing change results in a net increase in the contract of Three Thousand Ninety Four Dollars and 07/100 ($3,094.07). Summary: Previous Amount Approved Amount of this Change Order Revised Contract Amount $ 88, 945.49 $ 3,094.07 $ 92,039.56 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38328206 - 445100— Buildings. JL SJS/RTS/PS/jlj RECOMMENDED Rishawn T. Sonubi Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, Parks and reets SIGNATURE OF DEPARTMENT HEAD: 8 Change in Contract — Erie Basin Marina — The Hatch Phase II — Electric (Fill)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated May 28, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $3,094.07 (Previously Amount Approved $88,945.49 + Change Order #1 $3,094.07 for a Revised Contract Amount $92,039.56) for the Erie Basin Marina — The Hatch Phase II, Electrical, with Goodwin Electric, C#93001501. Funds for this work are available in Account #38328206 — 445100 — Buildings. PASSED AYES —9 NOES -0 CAUsers clehner AppData \Local \ Microsoft \Windows \Temporary Internet Files\ ContentOutlookU5MLCIH5Thange in Contract -The Hatch Ph 2.doex qt, * AYE* NO * FEROLETO * * * * * * FONTANA * * * FRANCZYK * * * * * GOLOMBEK * * * * PRIDGEN * * * RIVERA * * * * * * SCANLON * ** * WINGO * ** * * WYATT * ** * * * [ ] * * * [MAJ- 5] *9 * 0 * [2/3 - 6] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1304 PASSED June 7, 2016 Change in Contract — Historical Society -Electrical (Del) APPROVED JUN 1 5 2016 (-1/4 1/3 MAYOR Gerald A Chwalinski City Clerk 01304 Q/\ #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 28, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Historical Society [: Electrical Renovations [: Job $1283 [: Delaware District PRIOR COUNCIL REFERENCE: (IF ANY) [: #176 of 2/2/16 EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following changes for Historical Society, Electrical Renovations, Frey Electrical Construction Co., C #93001325. 1) modifications of the existing stairs in the auditorium Add $ 2,125.20 to install stair lights The foregoing changes result in a net increase in the contract of Two Thousand One Hundred Twenty Five Dollars and 20 Cents ($2,125.20). Summary: Previous Amount Approved Amount of This Change Order Total Approved Amount to Date $923,744.88 $ 2,125.20 $925,870.08 Costs have been reviewed and the Department of Public Works, Parks & Streets and were found to be fail and equitable. Funds for this work will be available in accounts #37329406 - 445100 and 13296006 — 443200 - Buildings. SJS/RTS/PS/jlj RECOMMENDED Buildings Rishawn T. Sonubi, Deputy Commissioner of TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, Parte. • Z -Streets SIGNATURE OF DEPARTMENT HEAD: Change in Contract — Historical Society Electrical Renovations (Del)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated May 28, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $2,125.20 (Previously Amount Approved $923,774.88 + Change Order #1 $2,125.20 for a Total Approved Amount to Date $925,870.08) for the Historical Society, Electrical Renovations, with Frey Electrical Construction Co., C#93001325. Funds for this work are available in Accounts #37329406 — 445100 and 13296006 — 443200 — Buildings. PASSED AYES — 9 NOES - 0 C9Users\ clehner\AppData\LocaDMicrosoft\Windows\Temporary Internet Files\Content OutlookUSMLCIH5\Change in Contract Historical Society.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] *AYE* NO * * * 0 * * * City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1305 PASSED June 7, 2016 Change in Contract — MLK Park Casino Phase Il -Plumbing (Masten) Gerald A Chwalinski City Clerk APPROVED JUN 1 5 2016 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO:' THE COMMON COUNCIL DATE: June 2, 2016 FROM: DEPARTMENT: Public Works. Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: MLK Park Casino [: Phase II Reconstruction - Plumbing [: Fillmore District 0/305 PRIOR COUNCIL REFERENCE: (IF ANY) [: #705 of 3/29/16 TEXT: I hereby submit to Your Honorable Body the following change for MLK Park Casino — Phase II Reconstruction, Plumbing, Leo J. Roth, Contract #93001689. This change is for the installation of an extension to the existing sump pump pit, installation of sump pump and required electrical supply. Add $ 4,608.14 The foregoing change results in a net increase in the contract of Four Thousand Six Hundred Eight Dollars and 14/100 ($4,608.14). Summary: Previous Amount Approved Amount of this Change Order Revised Contract Amount $ 90,860.00 $ 377.38 $ 91,237.38 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38324406 — 445100 — Buildings. :IL 1 SJS/RTS/BTS/jlj RECOMMENDED Rishawn T. Sonubi Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, Prkrif.Streets SIGNATURE OF DEPARTMENT HEAD: 1� Change in Contract — MLK Park Casino Phase 11 Reconstruction — Plumbing (Fill)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 2, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $377.38 (Previously Amount Approved $90,860.00 + Change Order #1 $377.38 for a Revised Contract Amount $91,237.38) for the MLK Park Casino — Phase 11 Reconstruction, Plumbing, with Leo J. Roth, C#93001689. Funds for this work are available in Account #38324406 — 445100 — Buildings. PASSED AYES — 9 NOES - 0 CAUsers clehner AppData \Local \Microsoft \Windows \Temporary Internet Files \ Content.OutlookU5MLCIHMChange in Contract-MLK Park Casino Ph 2.docx * AYE* NO * FEROLETO * * _ * * * FONTANA * * * * * * FRANCZYK * * _ * * * * GOLOMBEK * * * _ * * * PRIDGEN * * * _ * * * RIVERA * * * _ * * * SCANLON * * * * * * WING() * ** * * * WYATT * * * * * [ 1* * * [ MAJ - 5 ] * 9 *0 * - [2/3 - 6] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1306 PASSED June 7, 2016 Permission to Amend ROW Agmt N Bflo Rails -to -Trails Project (Univ) APPROVED JUN 1 5 2016 MAYOR (3-.)21-7/‘ni Gerald A Chwalinski City Clerk #1 (Rev. 1/93) 01306 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 2, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [Permission to Amend [Right of Way Agreement [North Buffalo Rails- To -Trails Project [FHWA/NYSDOT PIN # 5756.83 [University District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. 19. CCP 10/01/13) Permission is requested from Your Honorable Body to authorize the Commissioner of Public Works, Parks and Streets to amend the existing right-of-way agreement with Niagara Frontier Transportation Authority (NFTA) related to the subject project. City has existing agreement with NFTA for the original location of the project and an amendment is required for an additional parcel of land on which will allow the City to extend the multi-purpose recreational trail into Shoshone Park with construction of an ADA Ramp. The construction of the Ramp will be added to the ongoing project due to additional funding being provided in the grant for the project. This is a federal funded project and City's share is 20% of the total costs. The funds are available in our Capital Accounts. I am therefore requesting that Your Honorable Body hereby authorize the Mayor, the Commissioner of Public Works, Parks and Streets and or such other pertinent City personnel to execute such documents and take such actions as shall facilitate and complete the acquisition of the additional parcel. The amendment will be subject to approval as- to- form by corporation Counsel. MJF: sag J Recommended: ifi — evi Title: Michael J. Finn, P.E., City Engineer DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: Steven J Stepniak Commissioner Permission to Amend Right -of -Way Agreement — North Buffalo Rails to Trails Project (Univ)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 2, 2016, be received and filed; That the Common Council hereby authorizes the Mayor, the Commissioner of the Department of Public Works, Parks and Streets and/or such other pertinent City personnel to amend and execute the existing right-of-way agreement with the Niagara Frontier Transportation Authority (NFTA) and take all such actions as shall facilitate and complete the acquisition for an additional parcel of land on which the City will extend a multi-purpose recreational trail into Shoshone Park with construction of an ADA ramp. The amendment will be subject to approval as to form by the Corporation Counsel. The construction of the ramp will be added to the ongoing project due to the additional funding being provided in the grant for the project. This is a federal funded project and the City's share is 20% of the total costs. Funds are available in Capital Accounts. PASSED AYES — 9 NOES - CAUscrs\clehneMppDntaU.ocaMticrosoR\WindowslTem porary Internet Files \ContentOwlookU5MLCIHS\Pemsission to Amend ROW -Rails to Trailadeca FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] * AYE* NO * * * * * * * * 9 * 0 * City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1307 PASSED June 7, 2016 Permission to Enter Agmt Army Corps of Eng of Erie Bflo River Habitat Restoration (Fill, Lov, South) Gerald A Chwalinski City Clerk APPROVED JUN 1 5 2016 2116/01 01307 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL ' TO: Common Council DATE: June 2, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Permission to Enter into Agreement f: Army Corps of Engineers and County of Erie [: Buffalo River Habitat Restoration [: Fillmore, Lovejoy and South Districts PRIOR COUNCIL REFERENCE: (IF ANY) [: None The United States Army Corps of Engineers (ACOE) and County of Erie have received Federal funding to perform habitat restoration at various locations along the Buffalo River. I hereby request that Your Honorable Body authorize the Commissioner of the Department of Public Works, Parks and Streets to enter into agreement with the ACOE and County of Erie to facilitate the work. All work will be undertaken by ACOE and the County of Erie or its contractors and there will be no cost to the City. Further the City will not be responsible for maintenance of any habitat. The agreement with be subject to approval as -to -form by Corporation Counsel. SJS:MJF:kem Recommended: Michael J. Finn, P.E., Cit ngineer TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Corrunissione f- Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: Permission to Enter into an Agreement — Army Corps of Engineers and County of Erie — Buffalo River Habitat Restoration (Fill, Lov and South)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 2, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement with the United States Army Corps of Engineers (ACOE) and the County of Erie or its contractors to perform habitat restoration at various locations along the Buffalo River. All work will be undertaken by the ACOE and the County of Erie or its contractors, and there will be no cost to the City. The City will not be responsible for maintenance of any habitat. The agreement will be subject to approval as to form by the Corporation Counsel. PASSED AYES — 9 NOES - 0 CAUsers \ clehner AppDataILocal I Microsoft \ WindowslTemporary Internet FilesTontentOutlookUROLCIH5Termission to Enter Into Agreement-Bflo River Habitadoex FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] *AYE* NO-* * * * * * * 9 * * * 0 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1308 PASSED June 7, 2016 Permission to Enter Agmt NFTA Bus Shelter Purchase (Masten) APPROVED JUN 1 5 2016 / k)1 MAYOR Gerald A Chwalinski City Clerk #1 (Rev. 1/93) �1U SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL - TO Common Council DATE: June 2; 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Permission to Enter into Agreement [: Niagara Frontier Transportation Authority [: Bus Shelter Purchase {: Masten District PRIOR COUNCIL REI~'hRENCE: (IF ANY) [: None The recently completed Participatory Budget process awarded up to $19,400 for two bus shelters. One shelter is proposed for the corner of East Ferry and Fillmore and one is proposed for the corner of Humboldt and East Delavan. I hereby request that Your Honorable Body authorize the Commissioner of the Department of Public Works, Parks and Streets to enter into agreement with the Niagara Frontier Transportation Authority (NFTA) to facilitate the transfer of funds such that NFTA will cause the shelters to be procured and installed. The agreement with be subject to approval as -to -form by Corporation Counsel. Final locations will be determined by the NFTA with a proposal being submitted to the DPW for review which will be sent to Your Honorable Body for final approval pursuant to Chapter 413-67 of City Ordinance. SJS:MJF:kem Recommended: � Michael J. Finn, P.E., City Engineer TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TUT E: Commissioner .-°tllilic Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: Permission to Enter into an Agreement — Niagara Frontier Transportation Authority Bus Shelter Purchase (Masten)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 2, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement with the Niagara Frontier Transportation Authority ("NFTA") for the purchase and installation of bus shelters. Funding is available in the recently completed Participatory Budget process. The agreement will be subject to approval as to form by the Corporation Counsel. PASSED AYES 9, NOES 0 C:\Usersgmcinsld\AppData\Local\MicrosoR\Windows\Temporary Internet Files\ContentOotlook\OX32QV W6\permission to Enter Into Agreement-NFTA bus shelter.docz FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT *AYE* NO * * * * [ ] * * * [MAJ- 5] *9 * 0 * [ 2/3 - 6 ] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1309 PASSED June 7, 2016 Permission to Enter Agmt ReddyBike Bike Share 2016 Pilot Program Gerald A Chwalinski City Clerk APPROVED JUN I 5 2016 01309 #1 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: June 2, 2016 PROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Permission to Enter into Agreement [: ReddyBike Bike Share [: 2016 Pilot Program [: City-wide PRIOR COUNCIL REFERENCE: (IF ANY) [: None Mr. Anders Gunderson of the Shared Mobility Inc. has approached the Department of Public Works, Parks and Streets (DPW) with a proposal to install bike racks in the public right-of-way throughout the City for the purpose of operating a bike share program. The DPW has reviewed the initial proposal and respectfully requests the Your Honorable Body grant permission for the Commissioner of DPW to enter into a Revocable License with Shared Mobility Inc. for permission to utilize the public right-of-way for bicycle share facilities, subject to approval as -to -form by Corporation Counsel, based on the following conditions: 1. That the license is non-exclusive 2. That fees for occupancy of the right-of-way be waived on the condition that the licensee is and remains a registered 501c(3) not-for-profit agency. The City may request financial statements. 3. That fees for administration of the license be charged as follows: a. Inspection of locations prior to installation and as needed for the duration of the agreement: $120/hr per Chapter 175 of City Ordinance 4. That the licensee will submit all locations for bike share facilities to the DPW for review and approval. The Commissioner of DPW shall have sole discretion over the final location of facilities. 5. That the licensee will submit a letter of support from the abutting property owner of each location a. The licensee has requested occupancy of the right-of-way abutting City Hall and DPW is recommending approval of that with the final location to be determined by the DPW. b. The license has requested occupancy of Delaware Park and DPW recommends approval of that with the final location to be determined by DPW. DPW will also seek concurrence of the Buffalo Olmsted Parks Conservancy. c. The licensee has requested occupancy of the area in the vicinity of the Buffalo Museum of Science and DPW recommends approval of that with the final location to be determined by DPW. DPW will also seek concurrence of the Buffalo Olmsted Parks Conservancy and the Buffalo Museum of Science. d. The licensee has required occupancy of the area in the vicinity of Canalside and DPW recommends approval of that with the final location to be determined by DPW. DPW will also seek concurrence of the Erie Canal Harbor Development Corporation e. The licensee has requested occupancy of the area in the vicinity of Lafayette Square and DPW recommends approval of that with the final location to be determined by DPW. DPW will also seek concurrence with Buffalo Place. 6. That the licensee be responsible for all maintenance/repair/replacement of the facilities as needed for the duration of the license. 7. That the licensee indemnify the City and provide insurance as required by Corporation Counsel. 8. That the license comply with all rules and regulation of the Commissioner of DPW pursuant to Section 413- 67 of City Ordinances. 9. That the license is limited to the time of execution of the license through November 15, 2016 at which time all facilities must be removed. The licensee shall report to the DPW who shall forward to the Common Counsel a report of the utilization of the bike share facilities along with recommendation for modifications for the 2017 season. SJS:MJF:kem Recommended: Michael J. Finn, P.E., City Engineer TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak •;;;,..•" ... , _ TYPE TITLE: Commissioner. s, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: Permission to Enter into an Agreement — ReddyBike Bike Share 2016 Pilot Program (City-wide)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 2, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into Revocable License with Shared Mobility Inc. for permission to utilize public rights-of-way to install bike racks throughout the City for the purpose of operating a bike share program, subject to approval as to form by the Corporation Counsel, based on the following conditions: 1. That the license is non-exclusive 2. That fees for occupancy of the right-of-way be waived on the condition that the license is and remains a registered 501c(3) not-for-profit agency. The City may request financial statements. 3 That fees for administration of the license be charged as follows: a. Inspection of locations prior to installation and as needed for the duration of the agreement: $120/hr. per Chapter 175 of the City Ordinance 4. That the licensee will submit all locations for bike share facilities with the Department of Public Works for review and approval. The Commissioner of the Department of Public Works shall have sole discretion over the final location of facilities. 5. That the licensee will submit a letter of support from the abutting property owner of each location. a. The licensee has requested occupancy of the right-of-way abutting City Hall and the Department of Public Works is recommending approval of that with the final location to be deteimined by the Department of Public Works. b. The licensee has requested occupancy of Delaware Park and the Department of Public Works recommends approval of that with the location to be determined by the Department of Public Works. The Department of Public Works will also seek concurrence of the Buffalo Olmsted Parks Conservancy. c. The licensee has requested occupancy of the area in the vicinity of the Buffalo Museum of Science and the Department of Public Works recommends approval of that with the final location to be determined by the Department of Public Works. The Department of Public Works will also seek concurrence of the Buffalo Olmsted Parks Conservancy and the Buffalo Museum of Science. d. The licensee has requested occupancy of the area in the vicinity of Canalside and the Department of Public Works recommends approval of that with the final location to be determined by the Department of Public 1� \. Works. The Department of Public Works will also seek concurrence of the Erie Canal Harbor Development Corporation. e. The licensee has requested occupancy of the area in the vicinity of Lafayette Square and the Department of Public Works recommends approval of that with the final location to be determined by the Department of Public Works. The Department of Public Works will also seek concurrence with Buffalo Place. 6. That the licensee be responsible for all maintenance/repair/replacement of the facilities as needed for the duration of the license. 7. That the licensee indemnify the City and provide insurance as required by the Corporation Counsel. 8. That the licensee comply with all rules and regulations of the Commissioner of Public Works, Parks and Streets pursuant to Section 413-67 of the City Ordinances. 9. That the licensee is limited to the time of execution of the license through November 15, 2016, at which time all facilities must be removed. The licensee shall report to the Department of Public Works who shall forward to the Common Council a report of the utilization of the bike share facilities along with recommendation for modifications for the 2017 season. PASSED AYES -9 NOES - 0 TAwp6OURF4COUNCIIA2016 Meetings,64-16mectingTavassion to Enter Into Agreament-ReddyBike.da. * AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * * * SCANLON * ** * * WINGO * ** * * WYATT * ** * * [ ] * * [MAJ- 5] *9 * [ 2/3 - 6 ] * * [3/4 - 7] 0 \O' City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1310 PASSED June 7, 2016 Permission to Enter Grant in Aid Agmt-Cat Trap Neuter, Vaccinate & Return Gerald A Chwalinski City Clerk APPROVED #1 (Rev. 1/93) 01310 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 23, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Streets SUBJECT: [: Permission to Enter Into A Grant In Aid [: Agreement For A Cat -Trap, Neuter, [: Vaccinate and Return Pilot Program PRIOR COUNCIL REFERENCE: (IF ANY) Permission is hereby requested from Your Honorable Body to enter into a Grant in Aid agreement with Operation Pets, Inc., on behalf of the Buffalo Cat Task Force to implement a pilot program to trap, neuter, vaccinate, and return (TNRV) feral cats to their colony. TNRV sevices to be provided by Operation Pets, Inc., in this program included: Spay/Nueter, Left Ear Tip, Rabies and Distemper Vaccination, Flea Treatments, Pain Medication and reporting of vital statistic relating to the Pilot Program. Operation Pets, Inc. $40,000.00 I recommend that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into these agreements. Funds for this agreement are available in 17112006- 435205-11479 GRANTS IN AID — OPERATION PETS. JS/JCS cc: P. Sullivan K. McCartney C. Bucino TYPE DEPARTMENT HEAD NAME:Steven J. Stepniak TYPE TITLE:Commissioner, Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: Peiniission to Enter into a Grant In Aid Agreement for a Cat -Trap, Neuter, Vaccinate and Return Pilot Program (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated May 23, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a Grant in Aid Agreement with Operation Pets, Inc., on behalf of the Buffalo Cat Task Force to implement to implement a pilot program to trap, neuter, vaccinate and return (TNRV) feral cats to their colony. TNRV services to be provided by Operation Pets, Inc. in this program include: Spay/Neuter, Left Ear Tip, Rabies and Distemper Vaccination, Flea Treatments, Pain Medication and reporting of vital statistics relating to the pilot program. Funds for this agreement are available in Account #17112006-435206-11479 Grants In Aid — Operation Pets. PASSED AYES 9 NOES -0 ClUsers clehnerkAppDatalLocallMicrosoft \ Windows \ Temporary Internet Files \ Content.OuttooW5MLCIH5Termission to Enter Into AgreemenoCat-Trap.dorn FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT *AYE* NO * * * * [ ] * * * [MAJ- 5] *9 * 0 * [2/3 - 6] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1311 PASSED June 7, 2016 Permission to Hire Consultant -Outdoor Sculptures -Conserve & Restore Gerald A Chwalinski City Clerk APPROVED JUN 1 5 2016 " #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 1, 2016 0 1 311 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Permission to Hire Consultant [: Outdoor Sculptures [: Conservation and Restoration [: Job #1504 [: City-wide PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire Jensen Conservation Services, Inc. to provide Restoration and Conservation services for six Outdoor Monuments, Sculptures and Plaques: • General Kazimierz Pulaski • Bronze Bison • Samuel Manning Welsh • Sandor Petofi Memorial • Lincoln the Emancipator • Grover Cleveland Bust The cost for the Restoration and Conservation services is estimated not to exceed $63,000 and funds are available in account #36403606-445100. The consultant was chosen through a Request for Proposals (RFP) process. SJS/RTS/BTS/jIj RECOMMENDED Rishawn T. Sonubi Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, Partsj3ets SIGNATURE OF DEPARTMENT HEAD: Permission to Hire Consultant — Outdoor Sculptures — Conservation and Restoration (DPW) Mr. Rivera moved: That the above item be, and'the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 1, 2016, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Jensen Conservation Services, Inc. to provide restoration and conservation services for six outdoor monuments, sculptures and plaques: • General Kazimierz Pulaski • Bronze Bison • Samuel Manning Welsh • Sandor Petofi Memorial • Lincoln the Emancipator • Grover Cleveland Bust The consultant was chosen through a Request for Proposals (RFP) process. Funds are available in Account #36403606-445100. PASSED AYES — 9 NOES - 0 C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files \ContentOutlookU5MLCIH5\Permission to Hire Consultant -Outdoor sculptures.docx taP FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT *AYE* NO * * * * [ ] * * * [MAJ- 5] *9 * 0 * [ 2/3 - 6 ] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1312 PASSED June 7, 2016 Permission to Increase Contract — CATCO-Ohio Street and Inner Harbor Infrastructure Improv (Fill) Gerald A Chwalinski City Clerk APPROVED JUN 1 5 2016 C,) #1 (Rev. 1/93) 01312 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 2, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [Permission to Increase Contract [Concrete Applied Technologies Corp. - CATCO [Ohio Street and Inner Harbor [Infrastructure Improvements [Contract # 93001280 [Fillmore District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. 11, CCP 11/12/13) I hereby submit to your Honorable Body the following change for this contract. CATCO is the contractor for Ohio Street and Inner Harbor Infrastructure Improvements Project. This increase is necessary for additional work for a wood fence installation mandated by CSX to be installed by the contractor on the project as well as other miscellaneous overrun in the estimated project quantities. Previously Approved Contract Amount: $ 9,532,752.38 This Cost increase: $ 124,788.89 Total: $ 9,657,541.27 I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $ 124,788.89. This cost increase is funded by 80% federal and 20% ECHDC and funds are available in the grant account 32190006-445100 and an account to be named at a later date. PJM: sag Recommended: Title: Micheal J. Finn, P.E., City Engineer DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: Permission to Increase Contract — Concrete Applied Technologies Corp. — Ohio Street and Inner Harbor Infrastructure Improvements (Fill)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 2, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $124,788.89 (Previously Approved Contract Amount $9,532,752.38 + Change Order #1 $124,788.89 for a Total Contract Amount of $9,657,541.27) for the Ohio Street and Inner Harbor Infrastructure Improvements Project, with Concrete Applied Technologies Corp. (CATCO), C#93001280. This cost increase is funded by 80% federal and 20% ECHDC. Funds are available in the Grant Account #32190006-445100, and an account to be named at a later date. PASSED AYES 9 NOES - 0 CAUsettclehner AppDatatLocaltAticrosoft WindowslTemporary Internet FilestContenrOutlook I5MLCIH5lChange m Contract-CATCO.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT *AYE* NO * * * * [ ] ** * [MAJ- 5] *9 * 0 [ 2/3 - 6 ] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1313 PASSED June 7, 2016 Permission to Increase Consultant Contract -Watts Arch & Eng -,N Bflo Rails -to - Trails Project (Univ) APPROVED JUN 1 5 2016 MAYOR Gerald A Chwalinski City Clerk #1 (Rev. 1/93) 01313 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 1, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: ,Engineering SUBJECT: [Permission to Increase Consultant Contract [Watts Architecture & Engineering Contract - 92011000 [North Buffalo Rails to Trails Project [University District PRIOR COUNCIL REFERENCE: (Item 915 CCP 4/26/20161 I hereby submit to your Honorable Body the following change order for this contract. Watts Architecture & Engineering has been hired for the construction Administration and construction inspection of the North Buffalo Rails to Trails Project. This increase is necessary for additional services by the consultant for the design, construction administration and inspection of new ADA Ramp to connect the new trail to the Shoshone Park due to additional funding being provided in the grant. Previously approved contract amount: $ 572,934.00 This Change Order: $ 17230.00 Total: $ 590,164.00 The contract is funded with Federal and City funds .This change order will be funded from grant account 31450006-445500 and or an account to be named at a later date. MJF: sag Recommended: Title: Micheal J. Finn, P.E., City Engineer DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public Works, Parrs& Streets SIGNATURE OF DEPARTMENT HEAD: 1`� Permission to Increase Consultant Contract — Watts Architecture & Engineering Contract — North Buffalo Rails to Trails Project (Univ)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 1, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $17,230.00 (Previously Approved Contract Amount $572,934.00 + Change Order #1 $17,230.00 for a Total Contract Amount of $590,164.00) for the construction administration and construction inspection of the North Buffalo Rails to Trails Project, with Watts Architecture & Engineering, C#92011000. Funds for this change order will be funded from Grant Account #31450006- 445500, and/or an account to be named at a later date. PASSED AYES — 9 NOES - 0 \` CAUsers clehnerlAppDatakLocal \Microsoft \ Windows \Temporary Internet Files \Content Oullook\l5MLCIH5 \Change In Contract -Rails to Trails.clecx * AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * _ * * * * GOLOMBEK * * * _ * * * PRIDGEN * * * _ * * * RIVERA * * * * * * SCANLON * ** * * * WINGO * ** * * * WYATT * ** * * * { ]* * * [ MAJ - 5 ] * 9 * 0 * [ 2/3 - 6 ] * * * [ 3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1314 PASSED June 7, 2016 Report to Bids -City Hall Imp -Roof Replacement (Ell) Gerald A Chwalinski City Clerk PPROVED JUN 1 5 2016 r\) (Hey. 1/93) 0 I 3 1 4 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL DATE: 5/31/16 TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works DIVISION: Buildings SUBJECT: [: Report of Bids [:City Hall Improvements [:Roof Replacement [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: I requested on April 19th, 2016 and received the following formal bids for the City Hall Roof Replacement Project on May 9th, 2016. Contractor Jameson Roofing Company Weaver Metal & Roofing Inc. Base Bid $572,782.00 Alt #1 $321,312.00 Alt #2 $216,000.00 $740,000.00 $475,000.00 $325,000.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Jameson Roofing Company, with a Base Bid of $572,782.00 + Alt #1 for $321,312.00 + Alt #2 for $216,000.00 + 10% contingency of $111,009.40 for a total amount of One Million Two Hundred Twenty One Thousand One Hundred Three Dollars & 40/100 ($1,221,103.40), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available in account #33233376 — 445100 — Buildings. .77L3 SJS/RTS/PS/JLJ/dmr RECOMMENDED Rishawn T. Sonubi, Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, Parksjindr SIGNATURE OF DEPARTMENT HEAD: STATEMENT OF COMPLIANCE TO REQUIREMENTS FOR THE CITY OF BUFFALO APPRENTICESHIP TRAINING PROGRAM Pursuant to. New York State Labor Law 816-b, the City of Buffalo hereby requires all contractors and subcontractors entering into any construction contracts with the City of Buffalo to have established apprenticeship agreements appropriate for the type and scope of work to be performed under the contract, that have been approved by the NYS Commissioner of Labor. "Construction contract" shall mean any contract which involves construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, or physical structure of any kind with a value in excess of $100,000. Any contractor or subcontractor entering into a construction contract with the City of Buffalo shall have in place at the time of bid a NYS Department of Labor apprenticeship training program, which must be appropriate for the type and scope of work to be performed, and may be either internal or through an organization servicing several contractors or subcontractors Any contractor or subcontractor entering a construction contract with the City of Buffalo shall make every effort to employ apprentices who reside in the City of Buffalo. Any contractor or subcontractor entering a' construction contract with the City of Buffalo shall work toward meeting the minimal workforce diversification goals required by City ordinances in a manner consistent with said ordinances. All bidders shall, with their bid, submit a statement committing to providing apprenticeship training opportunities to workers, and details of diversification recruiting programs directed at attracting candidates to fill positions to meet such requirements. Any bid received without this statement may be deemed non-responsive and rejected. Violation of any provision of this ordinance may constitute cause, grounds, or .'other legal justificationfor termination of any contractual agreement with any contractor or subcontractor engaged in a construction contract or construction subcontract with the City of Buffalo, in accordance with the city, county, and state laws, rules, and regulations governing the termination of such contractual agreements. , Jameson Roofing Co., Inc. (Company Name) will comply with the Laws and Ordinances for the City of Buffalo, including the Apprenticeship Training Progr 4 By Anthony N. Schunk Report of Bids — City Hall Improvements — Roof Replacement (Ell) (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated May 31, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the City Hall Roof Replacement Project, with Jameson Roofing Company, with a total bid amount of $1,221,103.40 (Base Bid of $572,782.00 + Alt. #1 of $321,312.00 + Alt. #2 of $216,000.00 + a 10% contingency of $111,009.40 for a total bid amount of $1,221,103.40). Funding for this project is available in Account #33233376-445100 — Buildings. PASSED AYES — 9 NOES -0 CAUsers\ clehneMppData Locarnylicrosoft \ Windows \Temporary Internet FilesTontent.Outlook 1J5MLCII-15 \Report of Bids -CH roof replacement.docx 1 * AYE* NO * FEROLETO *. * * _ * * * FONTANA * * * * * * FRANCZYK * * _ * * * * GOLOMBEK * * * _ * * * PRIDGEN * * * _ * * * RIVERA * * * * * * SCANLON * ** * * * WINGO * ** * * * WYATT * * * * * * 11 1 [ MAJ - 5] [2/3 - 6] [ 3/4 - 7] * * * * 9 * 0 * * * * City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1315 PASSED June 7, 2016 Report to Bids -City Hall Imp -Toilet Room Renovation Gerald A Chwalinski City Clerk APPROVED JUN 1 5 2016 MAYOR #1 (Kev. 1/93) 01315 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL DATE: 5/26/16 TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works DIVISION: Buildings SUBJECT: [: Report of Bids [: City Hall Improvements [: Toilet Room Renovations [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) I requested on May 4th, 2016 and received the following formal bids for the City Hall Toilet Room Renovations project on May 23rd, 2016. Contractor Base Bid Alt #1 *Lakeside Contracting Company LTD. $243,200.00 $11,560.00 *Sicoli Construction Services, Inc. $269,600.00 $13,700.00 Miller Enterprises, Inc. $281,000.00 $8,700.00 *Javen Construction Company, Inc. $295,000.00 $8,500.00 *Nichter Construction Corp. $340,000.00 $6,300.00 *Deemed non-responsive I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, Inc, with a Base Bid of $281,000.00 + Alt #1 for $8,700.00 + 10% contingency of $28,970.00 for a total amount of Three Hundred Eighteen Thousand Six Hundred Seventy Dollars & 00/100 ($318,670.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available in account #. ii SJS/RTS/JLJ/dr RECOMMENDED Rishawn T. Sonubi, Deputy Commissioner of Buildings TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak Commissioner of Public Works, Park TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: STATEMENT OF COMPLIANCE TO REQUIREMENTS FOR THE CITY OF BUFFALO APPRENTICESHIP TRAINING PROGRAM Pursuant to New York State Labor Law 816-b, the City of Buffalo hereby requires all contractors and subcontractors entering into any construction contracts with the City of Buffalo to have established apprenticeship agreements appropriate for the type and scope of work to be performed under the contract, that have been approved by the NYS Commissioner of Labor. "Construction contract" shall mean any contract which involves construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, or physical structure of any kind with a value in excess of $100,000. Any contractor or subcontractor entering into a construction contract with the City of Buffalo shall have in place at the time of bid a NYS Department of Labor apprenticeship training program, which must be appropriate for the type and scope of work to be performed, and may be either internal or through an organization servicing several contractors or subcontractors Any'contractor or subcontractor entering a construction contract with the City of Buffalo shall make every effort to employ apprentices who reside in the City of Buffalo. Any contractor or subcontractor entering a construction contract with the City of Buffalo shall work toward meeting the minimal workforce diversification goals required by City ordinances in a manner consistent with said ordinances. AU bidders shall, with their bid, submit a statement committing to providingapprenticeship training opportunities to workers, and details of diversification recruiting programs directed at attracting candidates- to fill positions to meet such requirements. Any bid received without this statement may be deemed non-responsive and rejected. Violation of any provision of this ordinance may constitute cause, grounds, or .other legal justificationfor termination of any contractual agreement with any contractor or subcontractor engaged in a construction contract or construction subcontract with the City of Buffalo, in accordance with the city, county, and state laws, rules, and regulations governing the termination of such contractual agreements. ; /ICA. -rf.2v will comply with the Laws and Ordinances for the City (Company Name) of Buffalo, including the Apprenticeship Training Program Ordinance. ncnance. By VALE YY1itlor Report of Bids — City Hall Improvements — Toilet Room Renovations (Ell) (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated May 26, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the City Hall Toilet Room Renovations Project, with Miller Enterprises, Inc., with a total bid amount of $318,670.00 (Base Bid of $281,000.00 + Alt. #1 of $8,700.00 + a 10% contingency of $28,970.00 for a total bid amount of $318,670.00). Funding for this project is available in an account to be named at a later date. PASSED AYES -9 NOES -0 CAUserklehnerk AppData \ Local \Microsoft \ Windows \ Temporary Internet Files \ Content.Outlook \J5MLCIHAReport of Bids -CH toilet room.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] *AYE* NO * * * * * * * 9 * * * 0 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1316 PASSED June 7, 2016 Report to Bids -City Wide Curb & Sidewalk Replacement Group 837A APPROVED JUN 1 5 2016 1) ;j MAYOR Gerald A Chwalinski City Clerk r\) C) Lptri (iNCV. 1/Y..1) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Coun01316cil DATE: June 2, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids [: City -Wide Curb & Sidewalk Replacement 2016 [: Bond Specific Locations [: DPW Group 873A 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: Contractor Roman Construction 7279 Lakeview Ct. Pendleton, NY 14120 Campobello Construction 23 Stratford Rd. Buffalo, NY 14216 Millennium Construction 3024 Niagara Falls Blvd. N. Tonawanda, NY 14120 P&J Construction 709 Pleasantview Lancaster, NY 14086 Base Bid Alternate $615,035.00 $63,650.00 $722,245.00 $72,929.50* $733,249.00* $73,887.00* $745,055.00 $72,989.59* I hereby certify that the low bidder for the above project is Roman Construction. I respectfully recommend a contract award in the amount not to exceed $ 870,000.00. This project was procured on the basis that the budget is $ 870,000.00, and that the City reserves the right to increase, or decrease quantities to the project budget. Funds for this contract are available in #33133326-445100 and/or an account to be named at a later date. The engineer's estimate for this work is $870,000.00 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 July 16, 2016. Individual bid submissions are available in our office for inspection and copies are available upon request. Please find attached a copy of the statement of compliance for the requirements for the City of Buffalo Apprenticeship Training Program signed by the low bidder. *Adjusted amount to correct for mathematical errors in the calculation of the bid. SJS:MJF:SMB:kem Reccommended: Ld 7' Michael J. Finn, P.E., City Engineer TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissione SIGNATURE OF DEPARTMENT HEAD: _-- s, Parks & Streets 1 STATEMENT OF COMPLIANCE TO REQUIREMENTS FOR THE CITY OF BUFFALO sr - APPRENTICESHIP TRAINING PROGRAM • Pursuant to New York State Labor Law 816-b, the City of Buffalo hereby requires all contractors and subcontractors entering into any construction contracts with the City of Buffalo to have established apprenticeship agreements appropriate for the type and scope of work to be performed under the contract, that have been approved by the NYS Commissioner of Labor. "Construction contract" shall mean any contract which involves construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for • any building, facility, or physical structure of any kind with a value in excess of $100,000. Any contractor or subcontractor entering into a construction contract with the City of Buffalo shall have in place at the time of bid (or in any event no later than the time of award of contract) a NYS Department of • Labor apprenticeship training program, which must be appropriate for the type and scope of work to be performed, and may be either internal. or through an organization servicing several contractors or subcontractors Any contractor or subcontractor entering a construction contract with the City of Buffalo shall make every effort to employ apprentices who reside in the City of Buffalo. Any contractor or subcontractor entering a construction contract with the City of Buffalo shall work toward meeting the minimal workforce diversification goals required by City ordinances in a manner consistent with said ordinances. All bidders shall, with their bid, submit a statement committing to providing apprenticeship training opportunities to workers. Any bid received without this statement may be deemed non-responsive and rejected. rejected. Violation of any provision of this ordinance may. constitute cause, grounds, or other legal justification for termination of any contractual agreement with any contractor or subcontractor engaged in a construction contract or construction subcontract with the City of Buffalo, in accordance with the city, county, and state laws, rules, and regulations governing the termination of such contractual agreements. (Company Name) comply with the Laws and Ordinances for the City of Buffalo, including the Apprenticeship Training Program Ordinance. By ibr CTOX'e- itne ATP -1 . Report of Bids — City -Wide Curb and Sidewalk Replacement 2016 — Bond Specific Locations — Group 873A (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 2, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the City-wide Curb and Sidewalk Replacement 2016, Bond Specific Locations, Group 873A, with Roman Construction, with a base bid of $615,035.00. Funding for this project is available in Account #33133326-445100 and/or an account to be named at a later date. PASSED AYES — 9 NOES -0 C:\Usersklelmer1AppData\LocalUdicrosoMinflows\Temporary Intemet Files\ContentOudooklI5MLCIBAReport of Bids -curb and sidewalk replacement Gr il73Adocx * AYE* NO *, FEROLETO * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * PRIDGEN * * * * * * RIVERA * * * * * * SCANLON * * * * * * WINGO * *_ * * * WYATT * * * * * * [ ] * * * [MAJ- 5 *- 9 * 0 * [2/3 - 6] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1317 PASSED June 7, 2016 Report to Bids -City Wide Curb & Sidewalk Replacement Group 837B Gerald A Chwalinski City Clerk PROVED JUN 1 5 2016 $#1 (Rev. 1/93) TO: Common Council • FROM SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 01317 DEPARTMENT: Public Works, Parks &Streets • DIVISION: Engineering DATE: June 2, 2016 ' SUBJECT: [: Report of Bids [: City -Wide Curb & Sidewalk Replacement 2016 [: Bond Specific Locations [: DPW Group 873B 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: Contractor Base Bid P&J Construction Co. Inc. 709 Pleasantview Lancaster, NY 14086 Roman Construction 7279 Lakeview Ct. Pendleton, NY 14120 Campobello Construction 23 Stratford Rd. Buffalo, NY 14216 $847,759.53 $890,317.00 $1,132,470.00 I hereby certify that the low bidder for the above project is P & J Construction Co. Inc. I respectfully recommend a contract award in the amount not to exceed $ 1,120,000.00. This project was precured on the basis that the budget is $ 1,120,000.00, and that the City reserves the right to increase, or decrease quantities to the project budget. Funds for this contract are available in #33133326-445100 and/or an account to be named at a later date. The engineer's estimate for this work is $1,120,000.00 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 July 16, 2016. Individual bid submissions are available in our office for inspection and copies are available upon request. Please find attached a copy of the statement of compliance for the requirements for the City of Buffalo Apprenticeship Training Program signed by the low bidder. SJS:MJF:SMB:kem Reccommended: TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Michael J. Finn, P.E., City Engineer Steven J. Stepniak Commissioner o orks, Parks & Streets ��t 1 STATEMENT OF COMPLIANCE • TO REQUIREMENTS FOR THE CITY OF BUFFALO APPRENTICESHIP TRAINIaNG PROGRAM Pursuant to New York State Labor Law 816-b, the City of Buffalo hereby requires all contractors and subcontractors entering into any construction contracts with the City of Buffalo to have established apprenticeship agreements appropriate for the type and scope of work to be performed under the contract, that have been approved by the NYS Commissioner of Labor. "Construction contract" shall mean any contract which involves construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, or physical structure of any kind with a value in excess of $100,000. Any contractor or subcontractor entering into a construction contract with the City of Buffalo shall have in place at the time of bid (or in any event no later than the time of award of contract) a NYS Department of Labor apprenticeship training program, which must be appropriate for the type and scope of work to be performed, and may be either internal or through an organization servicing several contractors or subcontractors Any contractor or subcontractor entering a construction contract with the City of Buffalo shall make every effort to employ apprentices who reside in the City of Buffalo. Any contractor or subcontractor entering a construction contract with the City of Buffalo shall work toward meeting the minimal workforce diversification goals required by City ordinances in a manner consistent with said. ordinances. All bidders shall, with their bid, submit .a statement committing to providing apprenticeship training opportunities to workers. Any bid received without this statement may by deemed non-responsive and rejected. Violation of any provision of this ordinance may constitute cause, grounds, or other legal justification for termination of any contractual agreement with any contractor or subcontractor engaged in a construction contract or construction subcontract with the City of Buffalo, in accordance with the city, county, and state laws, rules, and regulations governing the termination of such contractual agreements. ? J Co,)src2Tio.) Co . Lu-' . will comply with the Laws arid Ordinances for the City (Company Name) of Buffalo, including the Apprenticeship Training Progr Ordinance. By Pe"..4;t49-1." P/1.541Thh'5/DCAJ7* ATP -1 Report of Bids — City -Wide Curb and Sidewalk Replacement 2016 — Bond Specific Locations — Group 873B (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 2, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the City-wide Curb and Sidewalk Replacement 2016, Bond Specific Locations, Group 873B, with P & J Construction Co. Inc., with a base bid of $847,759.53. Funding for this contract is available in Account #33133326- 445100 and/or an account to be named at a later date. PASSED AYES — 9 NOES - 0 C:\Users\ clelmerWppData\Local\Microsoft \ Windows \Temporary Internet Files\ContentOudookU5MLC1H5\R port of Bids -curb and sidewalk replacement Or 873B.docx (Y� v FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT * *AYE* �� O * * * * * * \ l _ _ _ ` ~ [Dv&�J ' l 9 0 * � **_ - * * * [2/3 ' 6] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1318 PASSED June 7, 2016 Report of Bids-Wtr Distribution System Improv Locations #2 Gerald A Chwalinski City Clerk APPROVED JUN 1 5 2016 gl (Rev: 1/93) 01318 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 3, 2016 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Water SUBJECT: [Report of Bids [Water Distribution System Improvements [Locations #2 PRIOR COUNCIL REFERENCE: None I hereby submit to your Honorable Body the following bids which were received on 05/25/2016 for the City of Buffalo Water Distribution System Improvements Locations #2. Contractor Yarussi Construction Inc. Kandey Company, Inc. Visone Construction, Inc. Mark Cerrone, Inc. Destro & Bros Concrete Co., Inc. Total Bid $ 2,525,000.00 $ 2,626,260.60 $ 2,770.627.63 $ 2,897,173.95 $ 2,936,951.50 I respectfully recommend that your Honorable Body authorize a contract award in the amount of $2,525,000.00 to Yarussi Construction, Inc. The funds are available in a Division of Water account to be named at a later date. Please find attached a copy of the statement of compliance for the requirements for the City of Buffalo Apprenticeship Training Program signed by the low bidder. Recommended: Title: Michael J. Finn, P.E., City Engineer of Public Works, Parks & Streets DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public Works, Parks & S SIGNATURE OF DEPARTMENT HEAD: STATEMENT OF COMPLIANCE TO REQUIREMENTS FOR THE CITY OF BUFFALO APPRENTICESHIP TRAINING PROGRAM Pursuant to New York State Labor Law 816-b, the City of Buffalo hereby requires all contractors and subcontractors entering into any , construction contracts with the City of Buffalo to have established apprenticeship agreements appropriate for the type and scope of work to be performed under the contract, that have been approved by the NYS Commissioner of Labor. "Construction contract" shall mean any contract which involves construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, or physical structure of any kind with a value in excess of $100,00. Any contractor or subcontractor entering into a construction contract with the City of Buffalo shall have in place at the time of bid (or in any event no later than the time of award of contract) a NYS Department of Labor apprenticeship training program, which must be appropriate for the type and scope of work to be performed, and may be either internal or through an organization servicing several contractors or subcontractors Any contractor or subcontractor entering a construction contract with the City of Buffalo shall make every effort to employ apprentices who reside in the City of Buffalo. Any contractor or subcontractor entering a construction contract with the City of Buffalo shall work toward meeting the minimal workforce diversification goals required by City ordinances in a manner consistent with said ordinances. All bidders shall, with their bid, submit a statement committing to providing apprenticeship training opportunities to workers. Any bid received without this statement may be deemed non- responsive and rejected. Violation of any provision of this ordinance may constitute cause, grounds, or other legal justification for termination of any contractual agreement with any contractor or subcontractor engaged in a construction contract or construction subcontract with the City of Buffalo, in accordance with the city, county, and state laws, rules, and regulations governing the termination of such contractual agreements. will comply with the Laws and Ordinances for the City (Company Name) of Buffalo, including the Apprenticeship Training Program Ordinance. By 41-3-6 1 ATP -1 1 Report of Bids — Water Distribution System Improvements (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 3, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the City of Buffalo Water Distribution System Improvements Locations #2, with Yarussi Construction, Inc., with a total bid amount of $2,525,000.00. Funds are available in a Division of Water account to be named at a later date. PASSED AYES 9, NOES 0 C:\UsersUmcinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOutlook\OX32QV W6\Report of Bids -water dist system.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] *AYE* NO-* * * * * * City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1319 PASSED June 7, 2016 Request Authorization to Accept EPF Grant -Funding Awarded to Bflo Navel Park Committee, Inc APPROVED JUN 1 5 2016 1) cp74YkS-11 MAYOR Gerald A Chwalinski City Clerk r 01319 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 2, 2016 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks & Recreation SUBJECT: [: Request Authorization [: to Accept EPF Grant 13W101 [: Funding Awarded to [: Buffalo Naval Park Committee, Inc. PRIOR COUNCIL REFERENCE: (IF ANY)[ Buffalo Naval Park Committee, Inc. (Naval Park) has been awarded by the New York State Office of Parks Recreation and Historic Preservation (OPRHP) a grant under the Environmental Protection Fund for a park project to be located in the Buffalo Military and Naval Park, a site located within the territorial jurisdiction of this City of Buffalo. As a requirement under the rules of these programs, the Naval Park must obtain the approval/endorsement of the governing body of the municipality in which the project will be located. Authorization is hereby requested from Your Honorable Body to approve grant under the Environmental Protection Fund for a park project known as "13W101 — USS Little Rock Redecking and Hangar Building Renovation" and located within this community. And further, should the Naval Park be unable to do so, said property shall be maintained by the City of Buffalo consistent with the rules promulgated by OPRHP Preservation Covenant. Grant Name Amount Description EPF #13W101 $375,000 USS Little Rock Redecking and Hangar Building Renovation Your consideration toward this request is greatly appreciated. Recommended by: Department Head Name: Steven J. Stepniak Title: Commissioner SIGNATURE OF DEPARTMENT HEAD: cc: Mike Finn, P.E., City Engineer Andrew Rabb, Parks & Rec Andrew R. Rabb, Dep. Com. Parks & Rec �3 Request Authorization to Accept EPF Grant 13W101 — Funding Awarded to Buffalo Naval Park Committee, Inc. (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 2, 2016, be received and filed; and That the Common Council hereby approves the grant awarded to the Buffalo Naval Park Committee, Inc. ("Naval Park") by the New York State Office of Parks Recreation and Historic Preservation ("OPRHP") under the Environmental Protection Fund for a park project known as "13W101 — USS Little Rock Redecking and Hangar Building Renovation" in the amount of $375,000.00 to be located in the Buffalo Military and Naval Park, a site located within the territorial jurisdiction of the City of Buffalo. As a requirement under the rules of these programs, the Naval Park must obtain the approval/endorsement of the governing body of the municipality in which the project will be located. Should the Naval Park be unable to do so, said property shall be maintained by the City of Buffalo consistent with the rules promulgated by OPRHP Preservation Covenant. PASSED AYES — 9 NOES - 0 C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outtook\J5MLCIU5\Accept grant Bflo Naval Park.docx rao FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT *AYE* NO *, * * * [ ] * _ [ MAJ - 5] * _ [ 2/3 - 6 ] * [3/4 - 7] * * City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1320 PASSED June 7, 2016 Request Authorization to Implement Pesticide Control Plan Schiller Pk (Lov) Gerald A Chwalinski City Clerk APPROVED JUN 1 5 2016 (NO $#1 (Rev. 1/93) MULTI- PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council FROM: 01320 DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks & Recreation DATE: June 1, 2016 SUBJECT: [: Request for authorization to [: Implement Pesticide Control Plan [: for Invasive Species Removal [: in Schiller Park [: DPW Group 840 PRIOR COUNCIL REFERENCE: (IF ANY) [: None Permission is hereby requested fromYour Honorable Body to authorize the Department of Public Works, Parks, and Streets (DPW) to permit implementation of invasive species pesticide control plan in Schiller Park. A copy of the plan is attached, the DPW project selected Professional Services Design Consultant recommends that the plan be followed to adequately control invasive herbaceous growth around the pond in Schiller Park. Thank you for your consideration. SJS:ARR:MJF:SMB Recommended: TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE:Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: Andrew R. Rabb, Dep. Commissioner Parks & Rec ()4 1 STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE STATE AGENCY (Name & Address): New York State Office of Parks, Recreation and Historic Preservation Albany, New York 12238 (For USPS Mail) 625 Broadway Albany, New York 12207 (For Physical Delivery) CONTRACTOR SFS PAYEE NAME: Buffalo Naval Park Committee, Inc. CONTRACTOR DOS INCORPORA 1ED NAME: Buffalo Naval Park Committee, Inc. CONTRACTOR IDENTIFICATION NUMBERS: NYS Vendor ID Number: 1100001143 Federal Tax ID Number: 161133535 DUNS Number (if applicable): CONTRACTOR PRIMARY MAILING ADDRESS: 1 Naval Park Cove Buffalo, NY 14202 CONTRACTOR PAYMENT ADDRESS: El Check if same as primary mailing address CONTRACT MAILING ADDRESS: EI Check if same as primary mailing address Contract Number #C13W101 Page 1 of 2 - Master Grant Contract Face Page BUSINESS UNIT/DEPT. ID: 1290000 CONTRACT NUMBER: C13W101 CONTRACT TYPE: O Multi -Year Agreement O Simplified Renewal Agreement El Fixed Term Agreement TRANSACTION TYPE: El New 0 Renewal 0 Amendment PROJECT NAME: USS Little Rock Re -decking and Hanger Building Renovation AGENCY IDENTIFIER: Environmental Protection Fund - NIA EPF-13W101 CFDA NUMBER (Federally Funded Grants Only): CONTRACTOR STATUS: O For Profit El Municipality, Code: 0 Tribal Nation O Individual El Not -for -Profit Charities Registration Number: 04-70-62 Exemption Status/Code: ID Sectarian Entity STATE OF NEW YO CURRENT CONTRACT TERM: From: 11/04/2013 To: 11/03/2018 CURRENT CONTRACT PERIOD: From: 11/04/2013 To: 11/03/2018 AMENDED ''ERM: From: To: AMENDED PERIOD: From: To: 1 2 3 4 5 ASTER CONTRACT FOR GRANTS FACE PAGE CONTRACT FUNDING AMOUNT (Multi-year - enter total projected amount of the contract; Fixed Term/Simplified Renewal - enter current period amount): CURRENT: $375,000.00 AMENDED: FUNDING SOURCE(S) © State ❑ Federal ❑ Other FOR MULTI-YEAR AGREEMENTS ONLY - CONTRACT PERIOD AND FUNDING AMOUNT: (Out years represent projected funding amounts) CURRENT PERIOD " CURRENT AMOUNT AMENDED PERIOD AMENDED AMOUNT ATTACHMENTS PART OF THIS AGREEMENT: ❑ Attachment A: El A-1 Program Specific Terms and Conditions ❑ A-2 Federally Funded Grants and Requirements Mandated by Federal Laws ❑ Attachment B: ❑ B-1 Expenditure Based Budget ❑ B-2 Performance Based Budget ® B-3 Capital Budget ❑ B-4 Net Deficit Budget ❑ B -1(A) Expenditure Based Budget (Amendment) ❑ B -2(A) Performance Based Budget (Amendment) ❑ B -3(A) Capital Budget (Amendment) ❑ B -4(A) Net Deficit Budget (Amendment) © Attachment C: Work Plan LTJ Attachment D: Payment and Reporting Schedule © Attachment E: Special Conditions and Requirements Contract Number #C13 W 101 Page 2 of 2 - Master Grant Contract Face Page STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE IN WITNESS THEREOF, the parties hereto have executed or approved this Master Contract on the dates below their signatures. CONTRACTOR: Buffalo Military Naval Park By: Printed Name Title: Date: Buffalo Military Naval Park STATE OF NEW YORK County of STATE AGENCY: New York State Office of Parks, Recreation and Historic Preservation By: James Del Belso Printed Name Title: Director, Financial Administration Date: On the day of in the year before me personally appeared to me known, who being by me duly sworn, did depose and say that he/she resides at that he/she is the of the , the contractor described herein which executed the foregoing instrument; and that he/she signed his/her name thereto as authorized by the contractor named on the face page of this Master Contract. (Notary) ATTORNEY GENERAL'S SIGNATURE STATE COMPTROLLER'S SIGNATURE Printed Name Printed Name Title: Title: Date: Date: Contract Number #C13 W101 Page 1 of 2, Master Contract for Grants — Signature Page GUARANTOR: City of Buffalo 65 Niagara Square City Hall Buffalo, NY, 14202 By: Title: Date: Printed Name City of Buffalo STATE OF NEW YORK County of On the day of in the year before me personally appeared being by me duly sworn, did depose and say that he/she resides at the of the which executed the foregoing instrument; and that he/she signed his/her name thereto face page of this Master Contract. (Notary) Contract Number #C 13 W101 Page 2 of 2, Master Contract for Grants — Signature Page , to me known, who . that he/she is . the guarantor/owner described herein as authorized by the guarantor/owner named on the STATE OF NEW YORK MASTER CONTRACT FOR GRANTS This State of New York Master Contract for Grants (Master Contract) is hereby made by and between the State of New York acting by and through the applicable State Agency (State) and the public or private entity (Contractor) identified on the face page hereof (Face Page). WITNESSETH: WHEREAS, the State has the authority to regulate and provide funding for the establishment and operation of program services, design or the execution and performance of construction projects, as applicable and desires to contract with skilled parties possessing the necessary resources to provide such services or work, as applicable; and WHEREAS, the Contractor is ready, willing and able to provide such program services or the execution and performance of construction projects and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services or work, as applicable, required pursuant to the terms of the Master Contract; NOW THEREFORE, in consideration of the promises, responsibilities, and covenants herein, the State and the Contractor agree as follows: STANDARD TERMS AND CONDITIONS . GENERAL PROVISIONS A. Executory Clause: In accordance with Section 41 of the State Finance Law, the State shall have no liability under the Master Contract to the Contractor, or to anyone else, beyond funds appropriated and available for the Master Contract. B. Required Approvals: In accordance with Section 112 of the State Finance Law (or, if the Master Contract is with the State University of New York (SUNY) or City University of New York (CONY), Section 355 or Section 6218 of the Education Law), if the Master Contract exceeds $50,000 (or $85,000 for contracts let by the Office of General Services, or the minimum thresholds agreed to by the Office of the State Comptroller (OSC) for certain SUNY and CUNY contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount including, but not limited to, changes in amount, consideration, scope or contract term identified on the Face Page (Contract Term), it shall not be valid, effective or binding upon the State until it has been approved by, and filed with, the New York Attorney General Contract Approval Unit (AG) and OSC. If, by the Master Contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by, and filed with, the AG and OSC. Budget Changes: An amendment that would result in a transfer of funds among program activities or budget cost categories that does not affect the amount, consideration, scope or other terms of such contract may be subject to the approval of the AG and OSC where the amount of such modification is, as a portion of the total value of the contract, equal to or greater than ten percent for contracts of less than five million dollars, or five percent for contracts of more than Contract Number: # C 13 W 101 Page 1 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) 6' five million dollars; and, in addition, such amendment may be subject to prior approval by the applicable State Agency as detailed in Attachment D (Payment and Reporting Schedule). C. Order of Precedence In the event of a conflict among (i) the terms of the Master Contract (including any and all attachments and amendments) or (ii) between the terms of the Master Contract and the original request for proposal, the program application or other attachment that was completed and executed by the Contractor in connection with the Master Contract, the order of precedence is as follows: 1. Standard Terms and Conditions 2. Modifications to the Face Page 3. Modifications to Attachment A-21, Attachment B, Attachment C and Attachment D 4. The Face Page 5. Attachment A-22, Attachment B, Attachment C and Attachment D 6. Modification to Attachment A-1 7. Attachment A-1 8. Other attachments, including, but not limited to, the request for proposal or program application D. Funding: Funding for the term of the Master Contract shall not exceed the amount specified as "Contract Funding Amount" on the Face Page or as subsequently revised to reflect an approved renewal or cost amendment. Funding for the initial and subsequent periods of the Master Contract shall not exceed the applicable amounts specified in the applicable Attachment B form (Budget). E. Contract Performance: The Contractor shall perform all services or work, as applicable, and comply with all provisions of the Master Contract to the satisfaction of the State. The Contractor shall provide services or work, as applicable, and meet the program objectives summarized in Attachment C (Work Plan) in accordance with the provisions of the Master Contract, relevant laws, rules and regulations, administrative, program'and fiscal guidelines, and where applicable, operating certificate for facilities or licenses for an activity or program. F. Modifications: To modify the Attachments or Face Page, the parties mutually agree to record, in 1 To the extent that the modifications to Attachment A-2 are required by Federal requirements and conflict with other provisions of the Master Contract, the modifications to Attachment A-2 shall supersede all other provisions of this Master Contract. See Section I(V). 2 To the extent that the terms of Attachment A-2 are required by Federal requirements and conflict with other provisions of the Master Contract, the Federal requirements of Attachment A-2 shall supersede all other provisions of this Master Contract. See Section I(V). Contract Number: # CI3W101 Page 2 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) writing, the terms of such modification and to revise or complete the Face Page and all the appropriate attachments in conjunction therewith. In addition, to the extent that such modification meets the criteria set forth in Section I.B herein, it shall be subject to the approval of the AG and OSC before it shall become valid, effective and binding upon the State. Modifications that are not subject to the AG and OSC approval shall be processed in accordance with the guidelines stated in the Master Contract. G. Governing Law: The Master Contract shall be governed by the laws of the State of New York except where the Federal Supremacy Clause requires otherwise. H. Severability: Any provision of the Master Contract that is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, shall be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof; provided, however, that the parties to the Master Contract shall attempt in good faith to reform the Master Contract in a manner consistent with the intent of any such ineffective provision for the purpose of carrying out such intent. If any provision is held void, invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. I. Interpretation: The headings in the Master Contract are inserted for convenience and reference only and do not modify or restrict any of the provisions herein. All personal pronouns used herein shall be considered to be gender neutral. The Master Contract has been made under the laws of the State of New York, and the venue for resolving any disputes hereunder shall be in a court of competent jurisdiction of the State of New York. J. Notice: 1. All notices, except for notices of termination, shall be in writing and shall be transmitted either: a) by certified or registered United States mail, return receipt requested; b) by facsimile transmission; c) by personal delivery; d) by expedited delivery service; or e) by e-mail. 2. Notices to the State shall be addressed to the Program Office designated in Attachment A-1 (Program Specific Terms and Conditions). 3. Notices to the Contractor shall be addressed to the Contractor's designee as designated in Attachment A-1 (Program Specific Terms and Conditions). 4. Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or e-mail, upon receipt. Contract Number: # C 13 W 101 Page 3 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) 5. The parties may, from time to time, specify any new or different e-mail address, facsimile number or address in the United States as their address for purpose of receiving notice under the Master Contract by giving fifteen (15) calendar days prior written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under the Master Contract. Additional individuals may be designated in writing by the parties for purposes of implementation, administration, billing and resolving issues and/or disputes. K. Service of Process: In addition to the methods of service allowed by the State Civil Practice Law & Rules (CPLR), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. The Contractor shall have thirty (30) calendar days after service hereunder is complete in which to respond. L. Set -Off Rights: The State shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold, for the purposes of set-off, any moneys due to the Contractor under the Master Contract up to any amounts due and owing to the State with regard to the Master Contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of the Master Contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies, or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set- off pursuant to an audit, the finalization of such audit by the State Agency, its representatives, or OSC. M. Indemnification: The Contractor shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Contractor or its subcontractors pursuant to this Master Contract. The Contractor shall indemnify and hold harmless the State and its officers and employees from claims, suits, actions, damages and cost of every nature arising out of the provision of services pursuant to the Master Contract. N. Non -Assignment Clause: In accordance with Section 138 of the State Finance Law, the Master Contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet, or otherwise disposed of without the State's previous written consent, and attempts to do so shall be considered to be null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract, let pursuant to Article XI of the State Finance Law, may be waived at the discretion of the State Agency and with the concurrence of OSC, where the original contract was subject to OSC's approval, where the assignment is due to a reorganization, merger, or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that the merged contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless the Master Contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. Contract Number: # C13W101 Page 4 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) 0. Legal Action: No litigation or regulatory action shall be brought against the State of New York, the State Agency, or against any county or other local government entity with funds provided under the Master Contract. The term "litigation" shall include commencing or threatening to commence a lawsuit, joining or threatening to join as a party to ongoing litigation, or requesting any relief from any of the State of New York, the State Agency, or any county, or other local government entity. The term "regulatory action" shall include commencing or threatening to commence a regulatory proceeding, or requesting any regulatory relief from any of the State of New York, the State Agency, or any county, or other local government entity. P. No Arbitration: Disputes involving the Master Contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. Q. Secular Purpose: Services performed pursuant to the Master Contract are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. R. Partisan Political Activity and Lobbying: Funds provided pursuant to the Master Contract shall not be used for any partisan political activity, or for activities that attempt to influence legislation or election or defeat of any candidate for public office. S. Reciprocity and Sanctions Provisions: The Contractor is hereby notified that if its principal place of business is located in a country, nation, province, state, or political subdivision that penalizes New York State vendors, and if the goods or services it offers shall be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that it be denied contracts which it would otherwise obtain.3 T. Reporting Fraud and Abuse: Contractor acknowledges that it has reviewed information on how to prevent, detect, and report fraud, waste and abuse of public funds, including information about the Federal False Claims Act, the New York State False Claims Act, and whistleblower protections. U. Non -Collusive Bidding: By submission of this bid, the Contractor and each person signing on behalf of the Contractor certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his or her knowledge and belief that its bid was arrived at independently and without collusion aimed at restricting competition. The Contractor further affirms that, at the time the Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non -collusive binding certification on the Contractor' s behalf. V. Federally Funded Grants and Requirements Mandated by Federal Laws: All of the Specific Federal requirements that are applicable to the Master Contract are identified in Attachment A-2 (Federally Funded Grants and Requirements Mandated by Federal Laws) hereto. To the extent 3 As of October 9, 2012, the list of discriminatory jurisdictions subject to this provision includes the states of Alaska, Hawaii, Louisiana, South Carolina, West Virginia and Wyoming. Contact NYS Department of Economic Development for the most current list of jurisdictions subject to this provision. Contract Number: # C 13 W 101 Page 5 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) that the Master Contract is funded, in whole or part, with Federal funds or mandated by Federal laws, (i) the provisions of the Master Contract that conflict with Federal rules, Federal regulations, or Federal program specific requirements shall not apply and (ii) the Contractor agrees to comply with all applicable Federal rules, regulations and program specific requirements including, but not limited to, those provisions that are set forth in Attachment A-2 (Federally Funded Grants and Requirements Mandated by Federal Laws) hereto. II. TERM, TERMINATION AND SUSPENSION A. Term: The term of the Master Contract shall be as specified on the Face Page, unless terminated sooner as provided herein. B. Renewal: 1. General Renewal: The Master Contract may consist of successive periods on the same terms and conditions, as specified within the Master Contract (a "Simplified Renewal Contract"). Each additional or superseding period shall be on the forms specified by the State and shall be incorporated in the Master Contract. 2. Renewal Notice to Not -for -Profit Contractors: a) Pursuant to State Finance Law §179-t, if the Master Contract is with a not-for-profit Contractor and provides for a renewal option, the State shall notify the Contractor of the State's intent to renew or not to renew the Master Contract no later than ninety (90) calendar days prior to the end of the term of the Master Contract, unless funding for the renewal is contingent upon enactment of an appropriation. If funding for the renewal is contingent upon enactment of an appropriation, the State shall notify the Contractor of the State's intent to renew or not to renew the Master Contract the later of: (1) ninety (90) calendar days prior to the end of the term of the Master Contract, and (2) thirty (30) calendar days after the necessary appropriation becomes law. Notwithstanding the foregoing, in the event that the State is unable to comply with the time frames set forth in this paragraph due to unusual circumstances beyond the control of the State ("Unusual Circumstances"), no payment of interest shall be due to the not-for-profit Contractor. For purposes of State Finance Law §179-t, "Unusual Circumstances" shall not mean the failure by the State to (i) plan for implementation of a program, (ii) assign sufficient staff resources to implement a program, (iii) establish a schedule for the implementation of a program or (iv) anticipate any other reasonably foreseeable circumstance. b) Notification to the not-for-profit Contractor of the State's intent to not renew the Master Contract must be in writing in the form of a letter, with the reason(s) for the non -renewal included. If the State does not provide notice to the not-for-profit Contractor of its intent not to renew the Master Contract as required in this Section and State Finance Law § 179-t, the Master Contract shall be deemed continued until the date the State provides the necessary notice to the Contractor, in accordance with State Finance Law § 179-t. Expenses incurred by the not-for-profit Contractor during such extension shall be reimbursable under the terms of the Master Contract. Contract Number: # C13W101 Page 6 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) C. Termination: 1. Grounds: a) Mutual Consent: The Master Contract may be terminated at any time upon mutual written consent of the State and the Contractor. b) Cause: The State may terminate the Master Contract immediately, upon written notice of termination to the Contractor, if the Contractor fails to comply with any of the terms and conditions of the Master Contract and/or with any laws, rules, regulations, policies, or procedures that are applicable to the Master Contract. c) Non-Resoonsibility: In accordance with the provisions of Sections IV(N)(6) and (7) herein, the State may make a final determination that the Contractor is non -responsible (Determination of Non -Responsibility). In such event, the State may terminate the Master Contract at the Contractor's expense, complete the contractual requirements in any manner the State deems advisable and pursue available legal or equitable remedies for breach. d) Convenience: The State may terminate the Master Contract in its sole discretion upon thirty (30) calendar days prior written notice. e) Lack of Funds: If for any reason the State or the Federal government terminates or reduces its appropriation to the applicable State Agency entering into the Master Contract or fails to pay the full amount of the allocation for the operation of one or more programs funded under this Master Contract, the Master Contract may be terminated or reduced at the State Agency's discretion, provided that no such reduction or termination shall apply to allowable costs already incurred by the Contractor where funds are available to the State Agency for payment of such costs. Upon termination or reduction of the Master Contract, all remaining funds paid to the Contractor that are not subject to allowable costs already incurred by the Contractor shall be returned to the State Agency. In any event, no liability shall be incurred by the State (including the State Agency) beyond monies available for the purposes of the Master Contract. The Contractor acknowledges that any funds due to the State Agency or the State of New York because of disallowed expenditures after audit shall be the Contractor's responsibility. f) Force Maieure: The State may terminate or suspend its performance under the Master Contract immediately upon the occurrence of a "force majeure." For purposes of the Master Contract, "Force majeure" shall include, but not be limited to, natural disasters, war, rebellion, insurrection, riot, strikes, lockout and any unforeseen circumstances and acts beyond the control of the State which render the performance of its obligations impossible. 2. Notice of Termination: a) Service of notice: Written notice of termination shall be sent by: (i) personal messenger service; or Contract Number: # C 13 W 101 Page 7 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) (ii) certified mail, return receipt requested and first class mail. b) Effective date of termination: The effective date of the termination shall be the later of (i) the date indicated in the notice and (ii) the date the notice is received by the Contractor, and shall be established as follows: (i) if the notice is delivered by hand, the date of receipt shall be established by the receipt given to the Contractor or by affidavit of the individual making such hand delivery attesting to the date of delivery; or (ii) if the notice is delivered by registered or certified mail, by the receipt returned from the United States Postal Service, or if no receipt is returned, five (5) business days from the date of mailing of the first class letter, postage prepaid, in a depository under the care and control of the United States Postal Service. 3. Effect of Notice and Termination on State's Payment Obligations: a) Upon receipt of notice of termination, the Contractor agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations after receipt of the notice without approval by the State. b) The State shall be responsible for payment on claims for services or work provided and costs incurred pursuant to the terms of the Master Contract. In no event shall the State be liable for expenses and obligations arising from the requirements of the Master Contract after its termination date. 4. Effect of Termination Based on Misuse or Conversion of State or Federal Property: Where the Master Contract is terminated for cause based on Contractor's failure to use some or all of the real property or equipment purchased pursuant to the Master Contract for the purposes set forth herein, the State may, at its option, require: a) the repayment to the State of any monies previously paid to the Contractor; or b) the return of any real property or equipment purchased under the terms of the Master Contract; or c) an appropriate combination of clauses (a) and (b) of Section II(C)(4) herein. Nothing herein shall be intended to limit the State's ability to pursue such other legal or equitable remedies as may be available. Suspension: The State may, in its discretion, order the Contractor to suspend performance for a reasonable period of time. In the event of such suspension, the Contractor shall be given a formal written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor shall comply with the particulars of the notice. The State shall have no obligation to reimburse Contractor's expenses during such suspension period. Activities may resume at such time Contract Number: # C13W101 Page 8 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) \sc as the State issues formal written notice authorizing a resumption of performance under the Master Contract. III. PAYMENT AND REPORTING A. Terms and Conditions: 1. In full consideration of contract services to be performed, the State Agency agrees to pay and the Contractor agrees to accept a sum not to exceed the amount noted on the Face Page. 2. The State has no obligation to make payment until all required approvals, including the approval of the AG and OSC, if required, have been obtained. Contractor obligations or expenditures that precede the start date of the Master Contract shall not be reimbursed. 3. Contractor must provide complete and accurate billing invoices to the State in order to receive payment. Provided, however, the State may, at its discretion, automatically generate a voucher in accordance with an approved contract payment schedule. Billing invoices submitted to the State must contain all information and supporting documentation required by Attachment D (Payment and Reporting Schedule) and Section III(C) herein. The State may require the Contractor to submit billing invoices electronically. 4. Payment for rendered electronically invoices submitted by the Contractor shall only be unless payment by paper check is expressly authorized by the head of the State Agency, in the sole discretion of the head of such State Agency, due to extenuating circumstances. Such electronic payment shall be made in accordance with OSC's procedures and practices to authorize electronic payments. 5. If travel expenses are an approved expenditure under the Master Contract, travel expenses shall be reimbursed at the lesser of the rates set forth in the written standard travel policy of the Contractor, the OSC guidelines, or United States General Services Administration rates. No out- of-state travel costs shall be permitted unless specifically detailed and pre -approved by the State. 6. Timeliness of advance payments or other claims for reimbursement, and any interest to be paid to Contractor for late payment, shall be governed by Article 11-A of the State Finance Law to the extent required by law. 7. Article 11-B of the State Finance Law sets forth certain time frames for the Full Execution of contracts or renewal contracts with not-for-profit organizations and the implementation of any program plan associated with such contract. For purposes of this section, "Full Execution" shall mean that the contract has been signed by all parties thereto and has obtained the approval of the AG and OSC. Any interest to be paid on a missed payment to the Contractor based on a delay in the Full Execution of the Master Contract shall be governed by Article 1 1 -B of the State Finance Law. Contract Number: # C13W101 Page 9 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) to B. Advance Payment and Recoupment: 1. Advance payments, which the State in its sole discretion may make to not-for-profit grant recipients, shall be made and recouped in accordance with State Finance Law Section 179(u), this Section and the provisions of Attachment D (Payment and Reporting Schedule). 2. Initial advance payments made by the State to not-for-profit grant recipients shall be due no later than thirty (30) calendar days, excluding legal holidays, after the first day of the Contract Term or, if renewed, in the period identified on the Face Page. Subsequent advance payments made by the State to not-for-profit grant recipients shall be due no later than thirty (30) calendar days, excluding legal holidays, after the dates specified in Attachment D (Payment and Reporting Schedule). 3. For subsequent contract years in multi-year contracts, Contractor will be notified of the scheduled advance payments for the upcoming contract year no later than 90 days prior to the commencement of the contract year. For simplified renewals, the payment schedule (Attachment D) will be modified as part of the renewal process. 4. Recoupment of any advance payment(s) shall be recovered by crediting the percentage of subsequent claims listed in Attachment D (Payment and Reporting Schedule) and Section III(C) herein and such claims shall be reduced until the advance is fully recovered within the Contract Term. Any unexpended advance balance at the end of the Contract Term shall be refunded by the Contractor to the State. 5. If for any reason the amount of any claim is not sufficient to cover the proportionate advance amount to be recovered, then subsequent claims may be reduced until the advance is fully recovered. C. Claims for Reimbursement: 1. The Contractor shall submit claims for the reimbursement of expenses incurred on behalf of the State under the Master Contract in accordance with this Section and the applicable claiming schedule in Attachment D (Payment and Reporting Schedule). Vouchers submitted for payment shall be deemed to be a certification that the payments requested are for project expenditures made in accordance with the items as contained in the applicable Attachment B form (Budget) and during the Contract Term. When submitting a voucher, such voucher shall also be deemed to certify that: (i) the payments requested do not duplicate reimbursement from other sources of funding; and (ii) the funds provided herein do not replace funds that, in the absence of this grant, would have been made available by the Contractor for this program. Requirement (ii) does not apply to grants funded pursuant to a Community Projects Fund appropriation. 2. Consistent with the selected reimbursement claiming schedule in Attachment D (Payment and Reporting Schedule), the Contractor shall comply with the appropriate following provisions: a) Quarterly Reimbursement: The Contractor shall be entitled to receive payments for work, projects, and services rendered as detailed and described in Attachment C (Work Plan). Contract Number: # C13W101 Page 10 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) t4Q The Contractor shall submit to the State Agency quarterly voucher claims and supporting documentation. The Contractor shall submit vouchers to the State Agency in accordance with the procedures set forth in Section III(A)(3) herein. b) Monthly Reimbursement: The Contractor shall be entitled to receive payments for work, projects, and services rendered as detailed and described in Attachment C (Work Plan). The Contractor shall submit to the State Agency monthly voucher claims and supporting documentation. The Contractor shall submit vouchers to the State Agency in accordance with the procedures set forth in Section III(A)(3) herein. c) Biannual Reimbursement: The Contractor shall be entitled to receive payments for work, projects, and services rendered as detailed and described in Attachment C (Work Plan). The Contractor shall submit to the State Agency biannually voucher claims and supporting documentation. The Contractor shall submit vouchers to the State Agency in accordance with the procedures set forth in Section III(A)(3) herein. d) Milestone/Performance Reimbursement:4 Requests for payment based upon an event or milestone may be either severable or cumulative. A severable event/milestone is independent of accomplishment of any other event. If the event is cumulative, the successful completion of an event or milestone is dependent on the previous completion of another event. Milestone payments shall be made to the Contractor when requested in a form approved by the State, and at frequencies and in amounts stated in Attachment D (Payment and Reporting Schedule). The State Agency shall make milestone payments subject to the Contractor's satisfactory performance. 5 e) Fee for Service Reimbursement: Payment shall be limited to only those fees specifically agreed upon in the Master Contract and shall be payable no more frequently than monthly upon submission of a voucher by the contractor. f) Rate Based Reimbursement:6 Payment shall be limited to rate(s) established in the Master Contract. Payment may be requested no more frequently than monthly. g) Scheduled Reimbursement:7 The State Agency shall generate vouchers at the frequencies and amounts as set forth in Attachment D (Payment and Reporting Schedule), and service 4 A milestone/ performance payment schedule identifies mutually agreed -to payment amounts based on meeting contract events or milestones. Events or milestones must represent integral and meaningful aspects of contract performance and should signify true progress in completing the Master Contract effort. 5 Fee for Service is a rate established by the Contractor for a service or services rendered. ' Rate based agreements are those agreements in which payment is premised upon a specific established rate per unit. " Scheduled Reimbursement agreements provide for payments that occur at defined and regular intervals that provide for a specified dollar amount to be paid to the Contractor at the beginning of each payment period (i.e. quarterly, monthly or bi-annually). While these payments are related to the particular services and outcomes defined in the Master Contract, they are not dependent upon particular services or expenses in any one payment period and provide the Contractor with a defined and regular payment over the life of the contract. Contract Number: # C13 W 101 Page 11 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) reports shall be used to determine funding levels appropriate to the next annual contract period. h) Interim Reimbursement: The State Agency shall generate vouchers on an interim basis and at the amounts requested by the Contractor as set forth in Attachment D (Payment and Reporting Schedule). i) Fifth Quarter Pavinents:8 Fifth quarter payment shall be paid to the Contractor at the conclusion of the final scheduled payment period of the preceding contract period. The State Agency shall use a written directive for fifth quarter financing. The State Agency shall generate a voucher in the fourth quarter of the current contract year to pay the scheduled payment for the next contract year. 3. The Contractor shall also submit supporting fiscal documentation for the expenses claimed. 4. The State reserves the right to withhold up to fifteen percent (15%) of the total amount of the Master Contract as security for the faithful completion of services or work, as applicable, under the Master Contract. This amount may be withheld in whole or in part from any single payment or combination of payments otherwise due under the Master Contract. In the event that such withheld funds are insufficient to satisfy Contractor's obligations to the State, the State may pursue all available remedies, including the right of setoff and recoupment. 5. The State shall not be liable for payments on the Master Contract if it is made pursuant to a Community Projects Fund appropriation if insufficient monies are available pursuant to Section 99-d of the State Finance Law. 6. All vouchers submitted by the Contractor pursuant to the Master Contract shall be submitted to the State Agency no later than thirty (30) calendar days after the end date of the period for which reimbursement is claimed. In no event shall the amount received by the Contractor exceed the budget amount approved by the State Agency, and, if actual expenditures by the Contractor are less than such sum, the amount payable by the State Agency to the Contractor shall not exceed the amount of actual expenditures. 7. All obligations must be incurred prior to the end date of the contract. Notwithstanding the provisions of Section III(C)(6) above, with respect to the final period for which reimbursement is claimed, so long as the obligations were incurred prior to the end date of the contract, the Contractor shall have up to ninety (90) calendar days after the contract end date to make expenditures; provided, however, that if the Master Contract is funded, in whole or in part, with Federal funds, the Contractor shall have up to sixty (60) calendar days after the contract end date to make expenditures. D. Identifying Information and Privacy Notification: $ Fifth Quarter Payments occurs where there are scheduled payments and where there is an expectation that services will be continued through renewals or subsequent contracts. Fifth Quarter Payments allow for the continuation of scheduled payments to a Contractor for the first payment period quarter of an anticipated renewal or new contract. Contract Number: # C 13 W 101 Page 12 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) (0'2 1. Every voucher or New York State Claim for Payment submitted to a State Agency by the Contractor, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property, must include the Contractor's Vendor Identification Number assigned by the Statewide Financial System, and any or all of the following identification numbers: (i) the Contractor's Federal employer identification number, (ii) the Contractor's Federal social security number, and/or (iii) DUNS number. Failure to include such identification number or numbers may delay payment by the State to the Contractor. Where the Contractor does not have such number or numbers, the Contractor, on its voucher or Claim for Payment, must provide the reason or reasons for why the Contractor does not have such number or numbers. 2. The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principle purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. The personal information is requested by the purchasing unit of the State Agency contracting to purchase the goods or services or lease the real or personal property covered by the Master Contract. This information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York, 12236. E. Refunds: 1. In the event that the Contractor must make a refund to the State for Master Contract -related activities, including repayment of an advance or an audit disallowance, payment must be made payable as set forth in Attachment A-1 (Program Specific Terms and Conditions). The Contractor must reference the contract number with its payment and include a brief explanation of why the refund is being made. Refund payments must be submitted to the Designated Refund Office at the address specified in Attachment A-1 (Program Specific Terms and Conditions). 2. If at the end or termination of the Master Contract, there remains any unexpended balance of the monies advanced under the Master Contract in the possession of the Contractor, the Contractor shall make payment within forty-five (45) calendar days of the end or termination of the Master Contract. In the event that the Contractor fails to refund such balance the State may pursue all available remedies. F. Outstanding Amounts Owed to the State: Prior period overpayments (including, but not limited to, contract advances in excess of actual expenditures) and/or audit recoveries associated with the Contractor may be recouped against future payments made under this Master Contract to Contractor. The recoupment generally begins with the first payment made to the Contractor following identification of the overpayment and/or audit recovery amount. In the event that there are no payments to apply recoveries against, the Contractor shall make payment as provided in Section III(E) (Refunds) herein. G. Program and Fiscal Reporting Requirements: Contract Number: # C13W101 Page 13 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) 1. The Contractor shall submit required periodic reports in accordance with the applicable schedule provided in Attachment D (Payment and Reporting Schedule). All required reports or other work products developed pursuant to the Master Contract must be completed as provided by the agreed upon work schedule in a manner satisfactory and acceptable to the State Agency in order for the Contractor to be eligible for payment. 2. Consistent with the selected reporting options in Attachment D (Payment and Reporting Schedule), the Contractor shall comply with the following applicable provisions: a) If the Expenditure Based Reports option is indicated in Attachment D (Payment and Reporting Schedule), the Contractor shall provide the State Agency with one or more of the following reports as required by the following provisions and Attachment D (Payment and Reporting Schedule) as applicable: (i) Narrative/Qualitative Report: The Contractor shall submit, on a quarterly basis, not later than the time period listed in Attachment D (Payment and Reporting Schedule), a report, in narrative form, summarizing the services rendered during the quarter. This report shall detail how the Contractor has progressed toward attaining the qualitative goals enumerated in Attachment C (Work Plan). This report should address all goals and objectives of the project and include a discussion of problems encountered and steps taken to solve them. (ii) Statistical/Quantitative Report: The Contractor shall submit, on a quarterly basis, not later than the time period listed in Attachment D (Payment and Reporting Schedule), a detailed report analyzing the quantitative aspects of the program plan, as appropriate (e.g., number of meals served, clients transported, patient/client encounters, procedures performed, training sessions conducted, etc.) (iii) Expenditure Report: The Contractor shall submit, on a quarterly basis, not later than the time period listed in Attachment D (Payment and Reporting Schedule), a detailed expenditure report, by object of expense. This report shall accompany the voucher submitted for such period. (iv) Final Report: The Contractor shall submit a final report as required by the Master Contract, not later than the time period listed in Attachment D (Payment and Reporting Schedule) which reports on all aspects of the program and detailing how the use of funds were utilized in achieving the goals set forth in Attachment C (Work Plan). (v) Consolidated Fiscal Report (CFR): The Contractor shall submit a CFR, which includes a year-end cost report and final claim not later than the time period listed in Attachment D (Payment and Reporting Schedule). b) If the Performance -Based Reports option is indicated in Attachment D (Payment and Reporting Schedule), the Contractor shall provide the State Agency with the following reports as required by the following provisions and Attachment D (Payment and Reporting Schedule) as applicable: Contract Number: # C13W101 Page 14 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) (i) Progress Report: The Contractor shall provide the State Agency with a written progress report using the forms and formats as provided by the State Agency, summarizing the work performed during the period. These reports shall detail the Contractor's progress toward attaining the specific goals enumerated in Attachment C (Work Plan). Progress reports shall be submitted in a format prescribed in the Master Contract. (ii) Final Progress Report: Final scheduled payment is due during the time period set forth in Attachment D (Payment and Reporting Schedule). The deadline for submission of the final report shall be the date set forth in Attachment D (Payment and Reporting Schedule). The State Agency shall complete its audit and notify the Contractor of the results no later than the date set forth in Attachment D (Payment and Reporting Schedule). Payment shall be adjusted by the State Agency to reflect only those services/expenditures that were made in accordance with the Master Contract. The Contractor shall submit a detailed comprehensive final progress report not later than the date set forth in Attachment D (Payment and Reporting Schedule), summarizing the work performed during the entire Contract Term (i.e., a cumulative report), in the forms and formats required. 3. In addition to the periodic reports stated above, the Contractor may be required (a) to submit such other reports as are required in Table 1 of Attachment D (Payment and Reporting Schedule), and (b) prior to receipt of final payment under the Master Contract, to submit one or more final reports in accordance with the form, content, and schedule stated in Table 1 of Attachment D (Payment and Reporting Schedule). H. Notification of Significant Occurrences: 1. If any specific event or conjunction of circumstances threatens the successful completion of this project, in whole or in part, including where relevant, timely completion of milestones or other program requirements, the Contractor agrees to submit to the State Agency within three (3) calendar days of becoming aware of the occurrence or of such problem, a written description thereof together with a recommended solution thereto. 2. The Contractor shall immediately notify in writing the program manager assigned to the Master Contract of any unusual incident, occurrence, or event that involves the staff, volunteers, directors or officers of the Contractor, any subcontractor or program participant funded through the Master Contract, including but not limited to the following: death or serious injury; an arrest or possible criminal activity that could impact the successful completion of this project; any destruction of property; significant damage to the physical plant of the Contractor; or other matters of a similarly serious nature. IV. ADDITIONAL CONTRACTOR OBLIGATIONS, REPRESENTATIONS AND WARRANTIES A. Contractor as an Independent Contractor/Employees: 1. The State and the Contractor agree that the Contractor is an independent contractor, and not an employee of the State and may neither hold itself out nor claim to be an officer, employee, or subdivision of the State nor make any claim, demand, or application to or for any right based upon any different status. Notwithstanding the foregoing, the State and the Contractor Contract Number: # C13W101 Page 15 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) agree that if the Contractor is a New York State municipality, the Contractor shall be permitted to hold itself out, and claim, to be a subdivision of the State. The Contractor shall be solely responsible for the recruitment, hiring, provision of employment benefits, payment of salaries and management of its project personnel. These functions shall be carried out in accordance with the provisions of the Master Contract, and all applicable Federal and State laws and regulations. 2. The Contractor warrants that it, its staff, and any and all subcontractors have all the necessary licenses, approvals, and certifications currently required by the laws of any applicable local, state, or Federal government to perform the services or work, as applicable, pursuant to the Master Contract and/or any subcontract entered into under the Master Contract. The Contractor further agrees that such required licenses, approvals, and certificates shall be kept in full force and effect during the term of the Master Contract, or any extension thereof, and to secure any new licenses, approvals, or certificates within the required time frames and/or to require its staff and subcontractors to obtain the requisite licenses, approvals, or certificates. In the event the Contractor, its staff, and/or subcontractors are notified of a denial or revocation of any license, approval, or certification to perform the services or work, as applicable, under the Master Contract, Contractor shall immediately notify the State. B. Subcontractors: 1. If the Contractor enters into subcontracts for the performance of work pursuant to the Master Contract, the Contractor shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the State under the Master Contract. No contractual relationship shall be deemed to exist between the subcontractor and the State. 2. If requested by the State, the Contractor agrees not to enter into any subcontracts, or revisions to subcontracts, that are in excess of $100,000 for the performance of the obligations contained herein until it has received the prior written permission of the State, which shall have the right to review and approve each and every subcontract in excess of $100,000 prior to giving written permission to the Contractor to enter into the subcontract. All agreements between the Contractor and subcontractors shall be by written contract, signed by individuals authorized to bind the parties. All such subcontracts shall contain provisions for specifying (1) that the work performed by the subcontractor must be in accordance with the terms of the Master Contract, (2) that nothing contained in the subcontract shall impair the rights of the State under the Master Contract, and (3) that nothing contained in the subcontract, nor under the Master Contract, shall be deemed to create any contractual relationship between the subcontractor and the State. In addition, subcontracts shall contain any other provisions which are required to be included in subcontracts pursuant to the terms herein. 3. If requested by the State, prior to executing a subcontract, the Contractor agrees to require the subcontractor to provide to the State the information the State needs to determine whether a proposed subcontractor is a responsible vendor. 4. If requested by the State, when a subcontract equals or exceeds $100,000, the subcontractor shall submit a Vendor Responsibility Questionnaire (Questionnaire). Contract Number: # C13W101 Page 16 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) 5. If requested by the State, upon the execution of a subcontract, the Contractor shall provide detailed subcontract information (a copy of subcontract will suffice) to the State within fifteen (15) calendar days after execution. The State may request from the Contractor copies of subcontracts between a subcontractor and its subcontractor. 6. The Contractor shall require any and all subcontractors to submit to the Contractor all financial claims for Services or work to the State agency, as applicable, rendered and required supporting documentation and reports as necessary to permit Contractor to meet claim deadlines and documentation requirements as established in Attachment D (Payment and Reporting Schedule) and Section III. Subcontractors shall be paid by the Contractor on a timely basis after submitting the required reports and vouchers for reimbursement of services or work, as applicable. Subcontractors shall be informed by the Contractor of the possibility of non-payment or rejection by the Contractor of claims that do not contain the required information, and/or are not received by the Contractor by said due date. C. Use Of Material, Equipment, Or Personnel: 1. The Contractor shall not use materials, equipment, or personnel paid for under the Master Contract for any activity other than those provided for under the Master Contract, except with the State's prior written permission. 2. Any interest accrued on funds paid to the Contractor by the State shall be deemed to be the property of the State and shall either be credited to the State at the close-out of the Master Contract or, upon the written permission of the State, shall be expended on additional services or work, as applicable, provided for under the Master Contract. D. Property: 1. Property is real property, equipment, or tangible personal property having a useful life of more than one year and an acquisition cost of $1,000 or more per unit. a) If an item of Property required by the Contractor is available as surplus to the State, the State at its sole discretion, may arrange to provide such Property to the Contractor in lieu of the purchase of such Property. b) If the State consents in writing, the Contractor may retain possession of Property owned by the State, as provided herein, after the termination of the Master Contract to use for similar purposes. Otherwise, the Contractor shall return such Property to the State at the Contractor's cost and expense upon the expiration of the Master Contract. c) In addition, the Contractor agrees to permit the State to inspect the Property and to monitor its use at reasonable intervals during the Contractor's regular business hours. d) The Contractor shall be responsible for maintaining and repairing Property purchased or procured under the Master Contract at its own cost and expense. The Contractor shall procure and maintain insurance at its own cost and expense in an amount satisfactory to the State Agency, naming the State Agency as an additional insured, covering the loss, theft or destruction of such equipment. Contract Number: # C13 W 101 Page 17 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) e) A rental charge to the Master Contract for a piece of Property owned by the Contractor shall not be allowed. f) The State has the right to review and approve in writing any new contract for the purchase of or lease for rental of Property (Purchase/Lease Contract) operated in connection with the provision of the services or work, as applicable, as specified in the Master Contract, if applicable, and any modifications, amendments, or extensions of an existing lease or purchase prior to its execution. If, in its discretion, the State disapproves of any Purchase/Lease Contract, then the State shall not be obligated to make any payments for such Property. g) No member, officer, director or employee of the Contractor shall retain or acquire any interest, direct or indirect, in any Property, paid for with funds under the Master Contract, nor retain any interest, direct or indirect, in such, without full and complete prior disclosure of such interest and the date of acquisition thereof, in writing to the Contractor and the State. 2. For non -Federally -funded contracts, unless otherwise provided herein, the State shall have the following rights to Property purchased with funds provided under the Master Contract: a) For cost -reimbursable contracts, all right, title and interest in such Property shall belong to the State. b) For performance-based contracts, all right, title and interest in such Property shall belong to the Contractor. 3. For Federally funded contracts, title to Property whose requisition cost is borne in whole or in part by monies provided under the Master Contract shall be governed by the terms and conditions of Attachment A-2 (Federally Funded Grants and Requirements Mandated by Federal Laws). 4. Upon written direction by the State, the Contractor shall maintain an inventory of all Property that is owned by the State as provided herein. 5. The Contractor shall execute any documents which the State may reasonably require to effectuate the provisions of this section. E. Records and Audits: 1. General: a) The Contractor shall establish and maintain, in paper or electronic format, complete and accurate books, records, documents, receipts, accounts, and other evidence directly pertinent to its performance under the Master Contract (collectively, Records). b) The Contractor agrees to produce and retain for the balance of the term of the Master Contract, and for a period of six years from the later of the date of (i) the Master Contract and (ii) the most recent renewal of the Master Contract, any and all Records necessary to substantiate upon audit, the proper deposit and expenditure of funds received under the Master Contract. Such Records may include, but not be limited to, original books of entry Contract Number: # C13 W 101 Page 18 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) (e.g., cash disbursements and cash receipts journal), and the following specific records (as applicable) to substantiate the types of expenditures noted: (i) personal service expenditures: cancelled checks and the related bank statements, time and attendance records, payroll journals, cash and check disbursement records including copies of money orders and the like, vouchers and invoices, records of contract labor, any and all records listing payroll and the money value of non-cash advantages provided to employees, time cards, work schedules and logs, employee personal history folders, detailed and general ledgers, sales records, miscellaneous reports and returns (tax and otherwise), and cost allocation plans, if applicable. (ii) payroll taxes and fringe benefits: cancelled checks, copies of related bank statements, cash and check disbursement records including copies of money orders and the like, invoices for fringe benefit expenses, miscellaneous reports and returns (tax and otherwise), and cost allocation plans, if applicable. (iii) non -personal services expenditures: original invoices/receipts, cancelled checks and related bank statements, consultant agreements, leases, and cost allocation plans, if applicable. (iv) receipt and deposit of advance and reimbursements: itemized bank stamped deposit slips, and a copy of the related bank statements. c) The OSC, AG and any other person or entity authorized to conduct an examination, as well as the State Agency or State Agencies involved in the Master Contract that provided funding, shall have access to the Records during the hours of 9:00 a.m. until 5:00 p.m., Monday through Friday (excluding State recognized holidays), at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. d) The State shall protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records, as exempt under Section 87 of the Public Officers Law, is reasonable. e) Nothing contained herein shall diminish, or in any way adversely affect, the State's rights in connection with its audit and investigatory authority or the State's rights in connection with discovery in any pending or future litigation. 2. Cost Allocation: a) For non-performance based contracts, the proper allocation of the Contractor's costs must be made according to a cost allocation plan that meets the requirements of OMB Circulars A- 87, A-122, and/or A-21. Methods used to determine and assign costs shall conform to generally accepted accounting practices and shall be consistent with the method(s) used by the Contractor to determine costs for other operations or programs. Such accounting standards and practices shall be subject to approval of the State. Contract Number: # C13W 101 Page 19 of 26, Master Contract for Grants - Standard Terns and Conditions (August 2014) b) For performance based milestone contracts, or for the portion of the contract amount paid on a performance basis, the Contractor shall maintain documentation demonstrating that milestones were attained. 3. Federal Funds: For records and audit provisions governing Federal funds, please see Attachment A-2 (Federally Funded Grants and Requirements Mandated by Federal Laws). F. Confidentiality: The Contractor agrees that it shall use and maintain personally identifiable information relating to individuals who may receive services, and their families pursuant to the Master Contract, or any other information, data or records marked as, or reasonably deemed, confidential by the State (Confidential Information) only for the limited purposes of the Master Contract and in conformity with applicable provisions of State and Federal law. The Contractor (i) has an affirmative obligation to safeguard any such Confidential Information from unnecessary or unauthorized disclosure and (ii) must comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899 -aa; State Technology Law Section 208). G. Publicity: 1. Publicity includes, but is not limited to: news conferences; news releases; public announcements; advertising; brochures; reports; discussions or presentations at conferences or meetings; and/or the inclusion of State materials, the State's name or other such references to the State in any document or forum. Publicity regarding this project may not be released without prior written approval from the State. 2. Any publications, presentations or announcements of conferences, meetings or trainings which are funded in whole or in part through any activity supported under the Master Contract may not be published, presented or announced without prior approval of the State. Any such publication, presentation or announcement shall: a) Acknowledge the support of the State of New York and, if funded with Federal funds, the applicable Federal funding agency; and b) State that the opinions, results, findings and/or interpretations of data contained therein are the responsibility of the Contractor and do not necessarily represent the opinions, interpretations or policy of the State or if funded with Federal funds, the applicable Federal funding agency. 3. Notwithstanding the above, (i) if the Contractor is an educational research institution, the Contractor may, for scholarly or academic purposes, use, present, discuss, report or publish any material, data or analyses, other than Confidential Information, that derives from activity under the Master Contract and the Contractor agrees to use best efforts to provide copies of any manuscripts arising from Contractor's performance under this Master Contract, or if requested by the State, the Contractor shall provide the State with a thirty (30) day period in which to review each manuscript for compliance with Confidential Information requirements; or (ii) if the Contractor is not an educational research institution, the Contractor may submit for publication, scholarly or academic publications that derive from activity under the Master Contract (but are not deliverable under the Master Contract), provided that the Contractor first Contract Number: # C13W101 Page 20 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) submits such manuscripts to the State forty-five (45) calendar days prior to submission for consideration by a publisher in order for the State to review the manuscript for compliance with confidentiality requirements and restrictions and to make such other comments as the State deems appropriate. All derivative publications shall follow the same acknowledgments and disclaimer as described in Section IV(G)(2) (Publicity) hereof. H. Web -Based Applications -Accessibility: Any web -based intranet and Internet information and applications development, or programming delivered pursuant to the Master Contract or procurement shall comply with New York State Enterprise IT Policy NYS-P08-005, Accessibility Web -Based Information and Applications, and New York State Enterprise IT Standard NYS-S08- 005, Accessibility of Web -Based Information Applications, as such policy or standard may be amended, modified or superseded, which requires that State Agency web -based intranet and Internet information and applications are accessible to person with disabilities. Web content must conform to New York State Enterprise IT Standards NYS-S08-005, as determined by quality assurance testing. Such quality assurance testing shall be conducted by the State Agency and the results of such testing must be satisfactory to the State Agency before web content shall be considered a qualified deliverable under the Master Contract or procurement. I. Non -Discrimination Requirements: Pursuant to Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non- discrimination provisions, the Contractor and sub -contractors will not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex (including gender expression), national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that the Master Contract shall be performed within the State of New York, the Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under the Master Contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, the Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under the Master Contract. The Contractor shall be subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 of the Labor Law. J. Equal Opportunities for Minorities and Women; Minority and Women Owned Business Enterprises: In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if the Master Contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting State Agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting State Agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting State Agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of Contract Number: # C13W101 Page 21 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the Contractor certifies and affirms that (i) it is subject to Article 15-A of the Executive Law which includes, but is not limited to, those provisions concerning the maximizing of opportunities for the participation of minority and women - owned business enterprises and (ii) the following provisions shall apply and it is Contractor's equal employment opportunity policy that: 1. The Contractor shall not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status; 2. The Contractor shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts; 3. The Contractor shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; 4. At the request of the State, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative shall not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative shall affirmatively cooperate in the implementation of the Contractor's obligations herein; and 5. The Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants shall be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. The Contractor shall include the provisions of subclauses 1 — 5 of this Section (IV)(J), in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (Work) except where the Work is for the beneficial use of the Contractor. Section 312 of the Executive Law does not apply to: (i) work, goods or services unrelated to the Master Contract; or (ii) employment outside New York State. The State shall consider compliance by the Contractor or a subcontractor with the requirements of any Federal law concerning equal employment opportunity which effectuates the purpose of this section. The State shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such Federal law and if such duplication or conflict exists, the State shall waive the applicability of Section 312 of the Executive Law to the extent of such duplication or conflict. The Contractor shall comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. K. Omnibus Procurement Act of 1992: It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and Contract Number: # C13W101 Page 22 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) 149 women -owned business enterprises, as bidders, subcontractors and suppliers on its procurement contracts. 1. If the total dollar amount of the Master Contract is greater than $1 million, the Omnibus Procurement Act of 1992 requires that by signing the Master Contract, the Contractor certifies the following: a) The Contractor has . made reasonable efforts to encourage the participation of State business enterprises as suppliers and subcontractors, including certified minority and women owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92- 261), as amended; c) The Contractor agrees to make reasonable efforts to provide notification to State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of the Master Contract and agrees to cooperate with the State in these efforts. L. Workers' Compensation Benefits: 1. In accordance with Section 142 of the State Finance Law, the Master Contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of the Master Contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 2. If a Contractor believes they are exempt from the Workers Compensation insurance requirement they must apply for an exemption. M. Unemployment Insurance Compliance: The Contractor shall remain current in both its quarterly reporting and payment of contributions or payments in lieu of contributions, as applicable, to the State Unemployment Insurance system as a condition of maintaining this grant. The Contractor hereby authorizes the State Department of Labor to disclose to the State Agency staff only such information as is necessary to determine the Contractor's compliance with the State Unemployment Insurance Law. This includes, but is not limited to, the following: 1. any records of unemployment insurance (UI) contributions, interest, and/or penalty payment arrears or reporting delinquency; 2. any debts owed for UI contributions, interest, and/or penalties; Contract Number: # C 13 W 101 Page 23 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) 11� 3. the history and results of any audit or investigation; and 4. copies of wage reporting information. Such disclosures are protected under Section 537 of the State Labor Law, which makes it a misdemeanor for the recipient of such information to use or disclose the information for any purpose other than the performing due diligence as a part of the approval process for the Master Contract. N. Vendor Responsibility: 1. If a Contractor is required to complete a Questionnaire, the Contractor covenants and represents that it has, to the best of its knowledge, truthfully, accurately and thoroughly completed such Questionnaire. Although electronic filing is preferred, the Contractor may obtain a paper form from the OSC prior to execution of the Master Contract. The Contractor further covenants and represents that as of the date of execution of the Master Contract, there are no material events, omissions, changes or corrections to such document requiring an amendment to the Questionnaire. 2. The Contractor shall provide to the State updates to the Questionnaire if any material event(s) occurs requiring an amendment or as new information material to such Questionnaire becomes available. 3. The Contractor shall, in addition, promptly report to the State the initiation of any investigation or audit by a governmental entity with enforcement authority with respect to any alleged violation of Federal or state law by the Contractor, its employees, its officers and/or directors in connection with matters involving, relating to or arising out of the Contractor's business. Such report shall be made within five (5) business days following the Contractor becoming aware of such event, investigation, or audit. Such report may be considered by the State in making a Determination of Vendor Non -Responsibility pursuant to this section. 4. The State reserves the right, in its sole discretion, at any time during the term of the Master Contract: a) to require updates or clarifications to the Questionnaire upon written request; b) to inquire about information included in or required information omitted from the Questionnaire; c) to require the Contractor to provide such information to the State within a reasonable timeframe; and d) to require as a condition precedent to entering into the Master Contract that the Contractor agree to such additional conditions as shall be necessary to satisfy the State that the Contractor is, and shall remain, a responsible vendor; and e) to require the Contractor to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. By signing the Master Contract, the Contractor agrees Contract Number: # C13W101 Page 24 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) to comply with any such additional conditions that have been made a part of the Master Contract. 5. The State, in its sole discretion, reserves the right to suspend any or all activities under the Master Contract, at any time, when it discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor shall be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the State issues a written notice authorizing a resumption of performance under the Master Contract. 6. The State, in its sole discretion, reserves the right to make a final Determination of Non - Responsibility at any time during the term of the Master Contract based on: a) any information provided in the Questionnaire and/or in any updates, clarifications or amendments thereof; or b) the State's discovery of any material information which pertains to the Contractor's responsibility. 7. Prior to making a final Determination of Non -Responsibility, the State shall provide written notice to the Contractor that it has made a preliminary determination of non- responsibility. The State shall detail the reason(s) for the preliminary determination, and shall provide the Contractor with an opportunity to be heard. 0. Charities Registration: If applicable, the Contractor agrees to (i) obtain not-for-profit status, a Federal identification number, and a charitable registration number (or a declaration of exemption) and to furnish the State Agency with this information as soon as it is available, (ii) be in compliance with the OAG charities registration requirements at the time of the awarding of this Master Contract by the State and (iii) remain in compliance with the OAG charities registration requirements throughout the term of the Master Contract. 9 P. Consultant Disclosure Law: If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal, or similar services, then in accordance with Section 163 (4-g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State Comptroller. Wage and Hours Provisions: If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the Not applicable to not-for-profit entities. Contract Number: # C13W101 Page 25 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) 1/1) prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. Contract Number: # C13W101 Page 26 of 26, Master Contract for Grants - Standard Terms and Conditions (August 2014) ATTACHMENT A-1 PROGRAM SPECIFIC TERMS AND CONDITIONS ENVIRONMENTAL PROTECTION FUND I. Agency Specific Terms and Conditions A. The Program Office, Designated Payment Office and Designated Refund Office shall be the STATE AGENCY identified on the face page. Document submission and inquiries should be directed to the Regional Grant Administrator for the Contractor's county of operations. B. For purposes of notice, the Contractor's designee shall be the CONTRACTOR DOS INCORPORATED NAME at the CONTRACTOR PRIMARY MAILING ADDRESS, as identified on the face page. C. Payment shall be made to CONTRACTOR SFS PAYEE NAME at the CONTRACTOR PAYMENT ADDRESS identified on the Face Page. D. Special Conditions and Requirements specific to the project, including the timeline for submission of required documents and reports, are contained in Attachment E (Special Conditions and Requirements) E. Changes to Budget and Program Work Plan. Changes shall not be made in the work described in Attachment C (Work Plan) or the proposed expenditure of funds as shown in Attachment B (Budget), without the prior written approval of the State. Such approval will be granted if the changes are not substantive and do not alter the scope, intent or basic elements of the contract. Changes in the Work Plan or Budget that are substantive or alter the scope, intent or basic elements of the contract, if agreed to by the State, will be implemented by an amendment that may require approval and filing with the New York Attorney General Contract Approval Unit (AG) and the Office of the State Comptroller (OSC or State Comptroller), per Section 1(B) of this Master Contract. F. Procurement. All goods and services required for this project must be procured in a manner so as to assure the prudent and economical use of grant moneys, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against nepotism, favoritism, improvidence, extravagance, fraud and corruption. 1. If the Contractor is subject to General Municipal Law, documentation of the Contractor's compliance with the procurement and bidding requirements of General Municipal Law shall be included with the applicable request for reimbursement. 2.1f the total amount of the goods or services is less than the dollar threshold for competitive bidding, or if the Contractor is not subject to General Municipal Law, the Contractor must follow procurement procedures designed to achieve the purpose of this clause. Such procedures may include, but are not limited to, competitive bidding, the solicitation of three price quotes, written requests for proposals, etc. When submitting a request for reimbursement, the Contractor must include a copy of the organizational procurement policy applicable to the relevant expenditures and/or documentation of the specific procurement process used for those expenditures. G. The Contractor and all users of this contract are strongly encouraged, to the maximum extent practicable and consistent with legal requirements, to use responsible and responsive New York State businesses as subcontractors, suppliers, and in other supporting roles. The Contractor will be required to identify and describe New York State businesses used and the value of subcontracts and supply contracts. H. New York State Executive Law Article 15-A and 5 NYCRR Parts 142-144 ("MWBE Regulations") Participation.. Providing equal employment opportunities for minority group members and women (EEO) Contract Number: # C13W101 Page 1 of 6, Attachment A -1-- Program Specific Terms and Conditions and contracting opportunities for certified minority and women- owned business enterprises (MWBEs) are a priority of the State of New York. In addition to the requirements set forth in Section IV(J) of this Master Contract, outreach to New York State certified MWBE firms and demonstration of "good faith efforts" shall be required under this Master Contract. 1. For purposes of this Master Contract, MWBE shall mean any business certified as a minority- or women -owned business enterprise pursuant to section 314 of the Executive Law. Information about the certification program and a directory of MWBEs are available at ESD Division of MWBD Albany, NY 12245 (518) 292-5250 httns://nv.newnvcontracts.com/ 2. The Contractor shall submit, and shall require subcontractors to submit, reports showing the participation of all business enterprises on this contract, including minority and women- owned business enterprises, on forms and at intervals to be established by the State. Reports not submitted at such times as shall be required by the State shall be cause for the State to delay implementing scheduled payments to the Contractor. 3. The State has established a goal for MWBE participation of MBE 13% and WBE 17%. 4. The MWBE Participation goal assignment applies to projects with NYS Grant Awards (State Funds) in excess of $100,000. Grant awards of $100,000 or less are subject to good faith efforts for all discretionary purchases. 5. The Contractor is expected to make good faith efforts to achieve MWBE participation. Failure to achieve MWBE participation goals and/or to demonstrate sufficient effort to achieve MWBE participation goals may be grounds for termination of this Master Contract. 6.If any federal funds are involved in the project, the applicable federal program for contracting with small and minority firms, women's business enterprise and labor surplus area firms and/or federal Disadvantaged Business Enterprises (DBEs) will supersede the state MWBE program outlined above. I. Non -Discrimination: 1. If the project involves development or acquisition of public facilities, the Contractor shall not limit access or discriminate in the operation of the facilities on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status. 2. The Contractor agrees to comply with all applicable Federal, State, and local Civil Rights and Human Rights laws with reference to equal employment opportunities and the provisions of service. J. Termination. In addition to the options available to the State in the Master Contract, in the event the Contractor fails to comply with its terms and conditions regarding completion of the project, the State at its option may require the Contractor to bring the project to a point of educational/interpretive, historical, recreational or conservation usefulness as determined by the State. K. Documents submitted to the State may be subject to disclosure under the Freedom of Information Law. L. Non -Sectarian Purposes. The Contractor agrees that funds made available as shown in Attachment B will Contract Number: # C13W101 Page 2 of 6, Attachment A -1— Program Specific Terms and Conditions �16 only be used to achieve the intended public benefit and will not be used for any sectarian purposes. M. International Boycott Prohibition. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4). N. Prohibition on Purchase of Tropical Hardwoods. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law §165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in § 165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 0. MacBride Fair Employment Principles. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. P. Procurement Lobbying. To the extent this agreement is a "procurement contract" as defined by State Finance Law Sections 139-j and 139-k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance with State Finance Law Sections 139-j and 139-k are complete, true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement. Q. Certification of Registration to Collect Sales and Compensating Use Tax by Certain State Contractors, Affiliates and Subcontractors. To the extent this agreement is a contract as defined by Tax Law Section 5-a, if the contractor fails to make the certification required by Tax Law Section 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered agency, as defined by Tax Law 5-a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. Contract Number: # C13W101 Page 3 of 6, Attachment A -1— Program Specific Terms and Conditions R. Iran Divestment Act. By entering into this Agreement, Contractor certifies in accordance with State Finance Law § 165-a that it is not on the "Entities Determined to be Non -Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012" ("Prohibited Entities List") posted at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. During the term of the Contract, should the state agency receive information that a person (as defined in State Finance Law § 165-a) is in violation of the above -referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. The state agency reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award. I. Program Specific Terms and Conditions A. Funding for this project is provided pursuant to the terms of the Environmental Protection Act, Title 9 of Article 54 of the Environmental Conservation Law, and governed by the Rules and Regulations set forth in 9 NYCRR Sections 439-443. B. Retroactive funding. Notwithstanding the provisions of Section III(A)(2) of this Master Contract, program regulations set forth in 9 NYCRR 440.5 (Project sponsor's match) permit retroactive reimbursement of certain expenses, when those expenses are included in the project Budget. C. Notwithstanding the provisions of Section III(C)(4) of this Master Contract, the State will withhold ten percent (10%) of the Contract Funding Amount identified on the face page of this Master Contract as security until all terms and conditions of this Master Contract have been satisfied by the Contractor to the satisfaction of the State. D. Project Sign. At the commencement of the work described in the Work Plan, the Contractor shall erect a sign at the project site noting the State's assistance to the project. The project sign specifications and term length for this requirement are set forth in Attachment E (Special Conditions and Requirements). E. Public Benefit Requirements. 1. In order to ensure a public benefit accrues from a capital project that is being funded the Contractor shall: a) Afford the public reasonable access to or use of the project as specified by the State; b) Not impose a fee for use of or access to the project without the prior written approval of the State; ContractNumber: # C13W101 Page 4 of 6, Attachment A -1— Program Specific Terms and Conditions c) Own or hold by lease or maintain and operate the project as specified by the State; d) Not allow operation of the project, or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, license or other arrangement without first obtaining the written approval of the State; e) Not alter, demolish, sell, lease or otherwise convey the project, in whole or in part, or permit a change in use of the project, without the prior written approval of the State; and f) Submit all plans in writing for restoration, rehabilitation, improvement, demolition or other physical change to the completed project for State approval before work commences. 2. Additional public benefit requirements specific to this project, including the term length and legal mechanism for enforcing any restriction, are set forth in Attachment E. 3. Parkland acquired or improved by a municipality shall not be sold, leased, exchanged or otherwise disposed of (collectively, "disposed of') or converted to other than public park purposes without the express authority of an act of the Legislature, which shall provide for the substitution of other land of equal fair market value and reasonably equivalent usefulness and location to that being disposed of or converted, and such other requirements as shall be approved by the State. 4. Land acquired for recreation or conservation purposes by a not-for-profit organization shall be subject to a conservation easement to be held by the State and shall not be disposed of except to the State, a local government unit or another qualifying tax exempt not-for-profit organization that shall be required to use it for recreation or conservation purposes. Disposal to any other entity of land acquired for recreation or conservation purposes by a not-for-profit corporation shall require the express authority of an act of the Legislature. F. It is the Contractor's responsibility, pursuant to Sections 57 and 220(8) of the Workers' Compensation Law, to maintain for State audit and review either proof that they have Workers' Compensation and Disability Benefits Insurance coverage for any employees, or proof of exemption from the New York State Workers' Compensation Board. The Contractor must also obtain from any contractor or subcontractor hired to provide a service pursuant to this Master Contract, similar proof or waivers from the contractor or subcontractor, and must maintain such documentation on file for audit. G. Archeology. In the event of any unanticipated archeological discoveries, the Contractor shall stop all work and notify the State immediately. Work shall not resume until the State determines how any previously undiscovered archeological remains will be treated. Special attention shall be given to any discovery of burials, graves, or human remains. H. Preservation of Historic Properties. It is the public policy and in the public interest of the State to preserve New York's historical, archeological, architectural and cultural heritage. All activities under this Master Contract shall be reviewed under either Section 106 of the National Historic Preservation Act or Section 14.09 of the New York State Parks, Recreation and Historic Preservation Law to ensure that adverse effects or impacts on significant properties are avoided or mitigated. Any work that affects historic properties shall conform to The Secretary of the Interior's Standards for the Treatment of Historic Properties 1995, The Secretary of the Interior's Standards and Guidelines for Archeological Documentation or any other applicable Secretary of the Interior's Standards (collectively referenced as STANDARDS), which are available from the State. I. Planning Requirements. Contract Number: # C13W101 Page 5 of 6, Attachment A -1— Program Specific Terms and Conditions ‘‘' 1. All planning documents, plans and specifications must be accepted by the State before the Contractor awards contracts for the project or the subject property. These must be prepared by a qualified professional accepted by the State. 2. Any documents developed under this Master Contract shall include recognition of funding through the Environmental Protection Fund from the Office of Parks, Recreation and Historic Preservation. J. Construction Requirements. If the Project described in this Master Contract includes construction, the following shall apply: 1. Contract plans, specifications, and cost estimates shall be submitted to the State for review prior to the letting of any construction contract by the Contractor. The State shall verify that the plans, specifications and cost estimates are in conformance with the work described in Attachment B and shall so notify the Contractor in writing; the State shall further verify that appropriate documents have been prepared by a professional licensed to practice in the State of New York. All plans and specifications as reviewed shall become part of this Master Contract, and no change or revision may be made to such plans and specifications without the express written consent of the State. 2. The Contractor shall be responsible for assuring that the project is designed and constructed in conformance with the Uniform Federal Accessibility Standards (UFAS -- Appendix A to 41 CFR part 101- 19.6), the Americans with Disabilities Act Accessibility Guidelines (ADAAG -- Appendix A to 28 CFR part 36) and the New York State Uniform Fire Prevention and Building (I)(Code (parts 1219-1228 of Title 19 NYCRR). Where there are discrepancies among the sets of standards with regard to a particular design/construction requirement, the one providing for the greatest degree of accommodation for the disabled shall apply. 3. It is the Contractor's responsibility to assure that all work on the project complies with the State Environmental Quality Review Act, receives all required permits in advance, and complies with all applicable Federal, State and/or local laws including, but not limited to, zoning ordinances and building codes. K. Post -Completion Requirements. Following completion of the project, the Contractor shall be responsible for maintaining project records. Where the project involves acquisition of equipment or acquisition of or improvement of real property, the Contractor shall be responsible for maintaining and operating the equipment, property, and/or improvements; providing public access; maintaining public signage related to the project; and seeking any required State approvals. The State shall have the right and responsibility to audit records and inspect the project and property for compliance. ContractNumber: # C13W101 Page 6 of 6, Attachment A -1— Program Specific Terms and Conditions ATTACHMENT B-3 CAPITAL BASED BUDGET PROJECT NAME: USS Little Rock Re -decking and Hanger Building Renovation CONTRACTOR/SFS PAYEE NAME: Buffalo Military Naval Park CONTRACT PERIOD: From: 11/04/2013 To: 11/03/2018 CATEGORY OF EXPENSE TOTAL GRANT FUNDS Development/Construction to include: Re -decking of the USS Little Rock in three areas (1) port side deck, (2) midship's breezeway and (3) a small portion of the bow. $375,000.00 MATCH OTHER FUNDS FUNDS TOTAL $375,000.00 $375,000.00 $0.00 Grant funds will reimburse up to 100% of total eligible project costs, or $375,000.00, whichever is less. Contract Number: #C 13 W 101 Page 1 of 1, Attachment B — Budget ko ATTACHMENT C — WORK PLAN PROJECT NAME: USS Little Rock Re -decking and Hanger Building Renovation CONTRACTOR/SFS PAYEE NAME: Buffalo Military Naval Park CONTRACT PERIOD: From: 11/04/2013 To: 11/03/2018 PROJECT DESCRIPTION: Re -decking of the USS Little Rock in three areas (1) port side deck, (2) midship's breezeway and (3) a small portion of the bow. Contract Number: # C13W101 Page 1 of 1, Attachment C — Work Plan ATTACHMENT D PAYMENT AND REPORTING SCHEDULE I. PAYMENT PROVISIONS In full consideration of contract services to be performed the State Agency agrees to pay and the Contractor agrees to accept a sum not to exceed the amount noted on the Face Page hereof. All payments shall be in accordance with the budget contained in the applicable Attachment B form (Budget), which is attached hereto. A. Advance Payment, Initial Payment and Recoupment Language (if applicable): 1. The State Agency will make an advance payment to the Contractor, during the initial period, in the amount of _ percent ( %) the budget as set forth in the most recently approved applicable Attachment B form (Budget). 2. The State Agency will make an initial payment to the Contractor in the amount of percent (_%) of the annual budget as set forth in the most recently approved applicable Attachment B form (Budget). This payment will be no later than _ days from the beginning of the budget period. 3. Scheduled advance payments shall be due in accordance with an approved payment schedule as follows: Period Amount Due Date Period Amount Due Date Period Amount Due Date Period Amount Due Date 4. Recoupment of any advance payment(s) or initial payment(s) shall be recovered by crediting ( %) of subsequent claims and such claims will be reduced until the advance is fully recovered within the contract period. B. Interim and/or Final Claims for Reimbursement Claiming Schedule (select applicable frequency): ❑ Quarterly Reimbursement Due date ❑ Monthly Reimbursement Due date ❑ Biannual Reimbursement Due date ❑ Fee for Service Reimbursement Due date Contract Number: # C13W101 Page 1 of 3, Attachment D — Payment and Reporting Schedule ❑ Rate Based Reimbursement Due date ❑ Fifth Quarter Reimbursement Due date ❑ Milestone/Performance Reimbursement Due date/Frequency ❑ Scheduled Reimbursement Due date/Frequency O Interim Reimbursement as Requested by Contractor; up to 90% of grant award. Final 10% upon approval of final report. For each payment submission, an expense summary that details the eligible project costs by type of work/materials/services, contractor/vendor/employee, invoice/bill number and date, check number and date, should be submitted for review and approval to the satisfaction of the STATE. II. REPORTING PROVISIONS A. Expenditure -Based Reports (select the applicable report type): 0 Narrative/Qualitative Report The Contractor will submit, ar: a quarterly basic, F. on dates indicated in Table I, interim reports as the -repel -t described in Section III(G)(2)(a)(i) of the Master Contract ❑ Statistical/Ouantitative Report • The Contractor will submit, on a quarterly basis, not later than days from the end of the quarter, the report described in Section III(G)(2)(a)(ii) of the Master Contract. ❑ Expenditure Report The Contractor will submit, on a quarterly basis, not later than days after the end date for which reimbursement is being claimed, the report described in Section III(G)(2)(a)(iii) of the Master Contract. 0 Final Report The Contractor will submit the final report as described in Section III(G)(2)(a)(iv) of the Master Contract, no later than ninety (90) days after the end of the contract period. O Consolidated Fiscal Report (CFR110 10 The Consolidated Fiscal Reporting System is a standardized electronic reporting method accepted by Office of Alcoholism & Substance Services, Office of Mental Health, Office of Persons with Developmental Disabilities and the State Education Department, consisting of schedules which, in different combinations, capture financial information for budgets, quarterly and/or mid -year claims, an annual cost report, and a final claim. The CFR, which must be submitted annually, is both a year-end cost report and a year-end claiming document. Contract Number: # C13W101 Page 2 of 3, Attachment D — Payment and Reporting Schedule The Contractor will submit the CFR on an annual basis, in accordance with the time frames designated in the CFR manual. For New York City contractors, the due date shall be May 1 of each year; for Upstate and Long Island contractors, the due date shall be November 1 of each year. B. Progress -Based Reports 1. Progress Reports El The Contractor shall provide the report described in Section III(G)(2)(b)(i) of the Master Contract in accordance with the forms and in the format provided by the State Agency, summarizing the work performed during the contract period (see Table 1 below for the annual schedule). 2. Final Progress Report Final scheduled payment will not be due until days after completion of agency's audit of the final expenditures report/documentation showing total grant expenses submitted by vendor with its final invoice. Deadline for submission of the final report is _ . The agency shall complete its audit and notify vendor of the results no later than . The Contractor shall submit the report not later than days from the end of the contract. C. Other Reports The Contractor shall provide reports in accordance with the form, content and schedule as set forth in Table 1. Progress Reports Monitoring Reports Interim/Performance Expenditure Quarterly, upon Contract Approval Current Contract Term Current Contract Term Reports Final Report — Closeout Documentation Current Contract Term Contract Number: # C13W101 Page 3 of 3, Attachment D — Payment and Reporting Schedule January 1, April 1, July 1, October 1, until completion See "II. Schedule" in Attachment E for Milestones As expenditures accrue 90 days after the end date of the contract period ATTACHMENT E SPECIAL CONDITIONS AND REQUIREMENTS Project Specific Requirements A. Since the CONTRACTOR is not the sole owner of the unencumbered fee of land identified under this AGREEMENT, the OWNER has executed this Master Contract, and will assume and abide by all terms and conditions of this Master Contract. B. With the execution of this Master Contract, the CONTRACTOR shall erect a 28"x20" project sign at the project site noting the State's assistance to the project. The project sign specifications are available from the STATE. The project sign shall remain in place for the useful life of the vessel. Photographic documentation that the project sign has been erected at the project site will be required prior to submission of the first Interim/Performance Expenditure Report. C. The CONTRACTOR will consult with the STATE's Historic Preservation Office (SHPO) before finalizing any plans for and/or designs of development of existing features at the involved properties. Such features include buildings, structures, topography (the height, depth or shape of natural or man- made ground features), vegetation (hedges, fields, wood lots), circulation components (roads, paths, trails, parking areas), natural and man-made water features, and site furnishings and objects. Materials describing existing conditions (photographs and written narratives) will be submitted for SHPO review; subsequently, information regarding proposed work (drawings, written narratives, technical materials) a 1 s o might be required. SHPO approval must be on file with the STATE prior to commencement of work on the project or the submission of an Interim/Performance Expenditure Report. D. In order to assure the preservation of the historic resource, the CONTRACTOR and the OWNER agree to execute, record, and keep in effect an agreement conveying a Preservation Covenant to the STA 11, or such others as the STATE deems appropriate. The entity acquiring the Preservation Covenant and the form of the document shall be subject to the approval of the STATE. The Preservation Covenant must not be subordinate to any other security interest in the property including, but not limited to, purchase money mortgages. The agreement shall be binding upon the CONTRACTOR and the OWNER for a minimum of 25 years from the date of the filing of the Preservation Covenant. A copy of the recorded Preservation Covenant must be on file with the STATE prior to submission of an Interim/Performance Expenditure Report. E. At the discretion of the State, an Agreed Upon Procedure Review may be required of the grant performed by a representative of the STATE or a certified public accountant procured by the STATE or the CONTRACTOR currently licensed by the NYS Board of Public Accountancy, in accordance with attestation standards established by the American Institute of Certified Public Accountants and in accordance with Government Auditing Standards issued by the Comptroller General of the United States of America to the satisfaction of the STATE. II. Schedule A. The following Schedule is a recommended timeframe for monitoring major thresholds which will result in completion of the grant by the scheduled ending date as specified on the Face Page. This does NOT describe all the required steps involved in meeting these thresholds, nor is it intended to be a precise calendar. Nevertheless, not only is the schedule to be used as a monitoring tool by the CONTRACTOR and by the STATE, non -adherence to these timeframes without acceptable justification will be used as criteria in determining grant cancellation. The project documentation listed below should Contract Number: # «ContractNumber» Page 1 of 2, Attachment E — Special Conditions and Requirements be submitted for approval/acceptance by the STATE as follows: Progress Reports Proof of filing of Restriction with the National Vessel Documentation Center. A copy of the Solicitation/RFP for Design Services Review of plans and specifications by the State Historic Preservation Office (SHPO) and/or the Regional Grants Administrator (RGA) Construction Bidding Process Commences Bid Award M/WBE Utilization Plan Start of Construction M/WBE Required Reports: Cumulative Payment Statements Reimbursements Project Completion Final Report —Closeout Documentation Final Reimbursement (10% withholding) Quarterly (January 1, April 1, July 1, October 1) from contract approval to project completion Prior to, or as part of, the 1 st Payment/Interim/Performance Expenditure Report Prior to starting the Bidding Process Prior to starting the Bidding Process Upon notice of Approval by the STATE Upon notice of Approval by the STATE Upon notice of Approval by the STATE Upon notice of Approval by the STATE ONGOING — To accompany Interim/Performance Expenditure Reports ONGOING — As expenditures accrue for costs incurred for the project as outlined in the related Attachments, and satisfaction of all program requirements Current Contract End Date 90 days after the Current Contract End Date Upon approval of Final Report -Closeout documentation and Final Interim/Performance Expenditure Report Contract Number: # «ContractNumber» Page 2 of 2, Attachment E — Special Conditions and Requirements Environmental Protection Fund Buffalo Military Naval Park - USS Little Rock Re -decking and Hanger Building Renovation EPF-13 W 101 / 12N075 15PR06989 PRESERVATION COVENANT THIS INDENTURE, made this day of in the year of , by and between THE PEOPLE OF THE STATE OF NEW YORK, acting by and through their Commissioner of Parks, Recreation and Historic Preservation (hereinafter referred to as the "STATE") having an address at Albany, New York 12238 (For USPS Mail) and 625 Broadway, Albany, New York 12207 (For Physical Delivery) and the Buffalo Military Naval Park (hereinafter referred to as the "CONTRACTOR") having an address at 1 Naval Park, Buffalo, NY 14202 and the City of Buffalo, (hereinafter referred to as the "OWNER") with offices at 65 Niagara Square, City Hall, Buffalo, NY 14202. WITNESSETH: WHEREAS, pursuant to the Environmental Protection Act, Title 9 of Article 54 of the Environmental Conservation Law, the STATE administers a program providing grants to municipalities and not-for-profit corporations to restore and develop historic properties which are listed on the National or State Register of Historic Places; and WHEREAS, the OWNER has title to certain historic real property along with the improvements located thereon, a vessel known as the USS Little Rock, which is more particularly described in a Contract for Donation from the U.S. Department of Navy to the OWNER dated 11/4/1988, hereinafter referred to as the SUBJECT PROPERTY; and WHEREAS, the CONTRACTOR has an interest in the SUBJECT PROPERTY more particularly described in a lease agreement between the OWNER to the CONTRACTOR dated 12/1/2008. WHEREAS, the CONTRACTOR has been awarded $375,000.00 in state funds under the Environmental Protection Fund for the restoration of the USS Little Rock, such award being conditioned on the satisfaction of certain duties and obligations. NOW, THEREFORE, in consideration of the receipt of the state funds mentioned above, the CONTRACTOR and the OWNER do hereby covenant and agree to the following restrictions in relation to the SUBJECT PROPERTY. 1. Scope of Covenant. This restriction shall be binding on the CONTRACTOR and the OWNER in relation to the SUBJECT PROPERTY that was aided with Hurricane Environmental Protection Fund, i.e., the USS Little Rock. The covenant includes the entire property (interior and exterior of the vessel) as bounded and described in the National Register designation. 2. Covenant Running with the Vessel. This restriction constitutes a covenant running with the vessel, and all successive future owners shall have the same obligations as the CONTRACTOR and the OWNER for as long as the restriction is in effect. 3. Purpose. The purpose is to restrict the management and improvement of the SUBJECT PROPERTY to secure the preservation of the historic resource and to ensure that a public benefit is derived from the expenditure of public funds. 1 4. Public Access. The CONTRACTOR and the OWNER agree to permit the public to have access to the SUBJECT PROPERTY as follows: Since the SUBJECT PROPERTY is visible from a public right-of-way, no additional public access is required. 5. Term of Restriction. This restriction shall be binding upon the CONTRACTOR and the OWNER for a minimum of 25 years from the date of the recording of this instrument. 6. Maintenance Required. The SUBJECT PROPERTY shall be kept and maintained in reasonably good order, condition and repair and in accordance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992, the Secretary of the Interior's Standards and Guidelines for Archeological Documentation or any other applicable Secretary of the Interior's Standards (collectively referenced as STANDARDS). 7. Alterations to SUBJECT PROPERTY. (a) Before plans for any proposed construction, alteration or demolition affecting the SUBJECT PROPERTY are finalized, the CONTRACTOR and the OWNER will provide such information to the STATE as will reasonably inform the STATE as to the work to be performed, the scope of the work, details of the treatment and materials and application, along with any other documentation requested by the STATE that is reasonably needed to define the nature and character of the work to be performed and the anticipated period of time in which the work is estimated to be completed. The provisions of this paragraph, as well as those of paragraph eight, shall not apply if the changes are (1) clearly of a minor nature and not affecting architectural, archeological or historic values or (2) immediate actions required by casualty or other emergency to stabilize or prevent the loss of the SUBJECT PROPERTY and promptly reported to the STATE pursuant to paragraph eight of this covenant (the scope of this covenant hereinafter referred to as the "AGREEMENT"). (b) Secretary of the Interior's Standards. No work affecting the SUBJECT PROPERTY shall commence until the CONTRACTOR and the OWNER have received written certification from the STATE that all work is anticipated to be in substantial conformance with the STANDARDS. 8. Damage or Destruction to SUBJECT PROPERTY. (a) As early as practicable after damage or destruction to the SUBJECT PROPERTY, whether caused by the CONTRACTOR, the OWNER or through a cause beyond the CONTRACTOR's or OWNER'S control, the CONTRACTOR or the OWNER will notify the STATE in writing of such damage or destruction. The notice will include (1) an assessment of the nature and extent of the damage; (2) an estimate of the restoration/reconstruction work necessary to return the SUBJECT PROPERTY to the condition existing at the time of completion of the State -funded work, along with any plans and specifications prepared for the work required; and (3) a description of any emergency work already completed. The CONTRACTOR or the OWNER shall restore/reconstruct the SUBJECT PROPERTY according to paragraph seven of this AGREEMENT, if in the opinion of the STATE the purpose and intent of this restriction will thereby be served. (b) If restoration/ reconstruction is not feasible and the SUBJECT PROPERTY has been so damaged that the qualities that resulted in its being listed on the National or State Register of Historic Places have been lost, the STATE will take steps to remove the SUBJECT PROPERTY from the National or State Register. If the SUBJECT PROPERTY is removed, the STATE will notify the CONTRACTOR and the OWNER in writing that the restriction is null and void. In no case will the required cost of any restoration/reconstruction be more than the amount of State funds expended on the SUBJECT PROPERTY. (c) If destruction is determined to be due to a deliberate act of the CONTRACTOR or the OWNER or caused by the gross negligence of the CONTRACTOR or the OWNER, the lat CONTRACTOR or the OWNER may be required to repay to the STATE an amount equal to one and one-half times the Federal funds expended on the SUBJECT PROPERTY. 9. Restrictions on activities that would affect archeological resources. The CONTRACTOR and the OWNER agree that no activity shall be undertaken or permitted to be undertaken on the SUBJECT PROPERTY which would affect historically significant archeological resources without prior written permission of the STATE affirming that such work will meet the applicable STANDARDS. 10. Maintenance of recovered materials. The CONTRACTOR and the OWNER agree to ensure that any data and material recovered from the SUBJECT PROPERTY will be placed in a repository that will care for the data in the manner prescribed in the applicable STANDARDS or will comply with the requirements of the Native American Graves Protection and Repatriation Act and with 36 CFR 79 and 43 CFR 10. 11. Right to Inspect. The CONTRACTOR and the OWNER agrees that the STATE, its employees, agents and designees shall have the right to inspect the SUBJECT PROPERTY at all reasonable times, with twenty-four hours written notice, in order to ascertain whether the conditions of this AGREEMENT are being observed. However, in the case of any natural or man- made disaster or imminent endangerment to the SUBJECT PROPERTY the STATE shall be granted access to the SUBJECT PROPERTY with no prior notice required. 12. Violations. In the event of a violation of any provision of this covenant the STATE may, at its option, and following reasonable notice to the CONTRACTOR and the OWNER, exercise any or all of the following remedies: a. declare the grant forfeited and demand the return of all funds disbursed under this AGREEMENT. b. declare the grant forfeited and demand the return of all funds disbursed under this AGREEMENT plus a penalty equal to 1/2 of the amount of the grant. c. enter the SUBJECT PROPERTY, correct any violation of the terms of this AGREEMENT, restore the SUBJECT PROPERTY to its prior condition, and hold the owner or any successor in interest responsible for the cost thereof. d. institute suit to enjoin such violations and, if appropriate, require the restoration of the SUBJECT PROPERTY to its prior condition. In addition to the remedies set forth above, the STATE shall have all legal and equitable remedies to enforce the CONTRACTOR's and the OWNER's obligations under this AGREEMENT, and in the event the CONTRACTOR or the OWNER or any successor in interest is found to have violated such obligations, the CONTRACTOR or such successor shall reimburse the STATE for any costs and expenses it may incur in connection with the enforcement of this AGREEMENT, including court costs and attorney's fees. 1 3 . Approvals. The CONTRACTOR, the OWNER or any successor in interest may at any time request the approvals required under paragraphs seven and eight above, or request temporary or permanent relief from any of the restrictions contained in this AGREEMENT, by delivering such request in writing to the STATE, addressed to the Commissioner of the Office of Parks, Recreation and Historic Preservation. Approval of such requests shall not be unreasonably withheld, and the CONTRACTOR, the OWNER or its successor may cause the reasonableness of any such denial to be reviewed by an appropriate proceeding instituted in the Supreme Court of the county where the 3 property is located. 14. OWNER'S Rights to Use. Except as provided in paragraph four of this AGREEMENT, nothing in this covenant shall be construed to convey to the public a right of access or use of the property and the OWNER, its heirs, successors and assigns shall retain the exclusive right to such access and use. 15. The CONTRACTOR and the OWNER agrees to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000 (d)), the Americans with Disabilities Act (42 U.S.C. 12204), and with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). These laws prohibit discrimination on the basis of race,religion, national origin, or disability. In implementing public access, reasonable accommodation to qualified disabled persons shall be made in consultation with the STATE and its STATE HISTORIC PRESERVATON OFFICE ("SHPO"). 16. Waivers. A waiver of any breach of any covenant, term, condition or limitation of this AGREEMENT shall not constitute a waiver of any other or any later breach of any covenant, term, condition or limitation, nor shall it otherwise prevent the enforcement of such breach. 17. Severability. The parties to this AGREEMENT agree that all covenants, easements and restrictions in this AGREEMENT shall be severable, and that should any covenant, easement or restriction in this AGREEMENT be declared invalid or unenforceable, the remaining covenants, easements and restrictions shall not terminate. 18. Binding Upon Successors. The foregoing representation, covenants, terms and conditions are expressly understood as being binding upon the CONTRACTOR, the OWNER, all heirs, executors, administrators, assigns and successors of the CONTRACTOR or OWNER and all other persons whatsoever, real or artificial, having or claiming any interest in the SUBJECT PROPERTY and, together with this paragraph, shall be inserted in all instruments which dispose of any interest in the SUBJECT PROPERTY, but whether or not so inserted, shall be deemed by all persons to have been inserted. 19. Recording of covenant. The STATE shall file this instrument with the National Vessel Documentation Center and shall provide the CONTRACTOR and the OWNER with proof of such filing. 20. The CONTRACTOR and the OWNER shall not alter, demolish, sell, lease or otherwise convey the project, in whole or in part, unless it shall have first received the written approval of the STATE. IN WITNESS WHEREOF, the CONTRACTOR and the STATE have hereunto set their hands the day and year first above written. Buffalo Military Naval Park By Print Name Title 4 City of Buffalo By Print Name Title The People of the State of New York through the Commissioner of Parks, Recreation and Historic Preservation By By: Ruth L. Pierpont Its: Deputy Commissioner for Historic Preservation Whenever the CONTRACTOR does not have clear title to the property, all persons having or claiming interest in the property, including but not limited to joint owners and mortgagees, must execute this AGREEMENT. Additional pages may be affixed as necessary, including additional acknowledgement blocks. Signed Signed By Title Title Waterfront Museum STATE OF NEW YORK )SS.: County of ) On the day of in the year 20 , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument an d acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/ their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public, State of New York 5 �a5 \G� The People of the State of New York through the Commissioner of Parks, Recreation and Historic Preservation STATE OF NEW YORK County of Albany On the day of in the year 20 , before me, the undersigned, personally appeared Ruth Pierpont, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. City of Buffalo STATE OF NEW YORK County of Notary Public, State of New York ) ) SS.: ) On the day of in the year 20 , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument an d acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/ their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public, State of New York 6 June 1, 2016 Andrew R. Rabb Deputy Commissioner for Parks and Recreation 505 City Hall 65 Niagara Square Buffalo, NY 14202 Re: Schiller Park and Pond Improvements Project Invasive Species Eradication Dear Mr. Rabb: Clark Patterson Lee DESIGN PROFESSIONALS In order to most effectively eradicate the invasive plant species that have established within the pond at Schiller Park, a chemical herbicide along with mechanical removal is highly recommended. It is our professional opinion that the most effective herbicide for this task is Glyphosate 41%. We therefore recommend that this herbicide be applied to the invasive plant species at Schiller Park. Should you have any questions or require additional information, please do not hesitate to contact me. Very truly yours, Clark Patterson Lee Jennifer L. Michniewicz, P.E., PTOE Principal Associate Phone: 852-2100 ext. 3012 Email: JMichniewiczna,ClarkPatterson.com Electronic Submission Only cc: Stephen M. Buccilli — City of Buffalo David H. Johnson, Jason L. Havens — Clark Patterson Lee 26 Mississippi Street Suite 300 Buffalo, NY 14203 clarkpatterson.com 716.852.2100 TEL 716.852.2120 FAX l�� O ©©©©o 423 Gf © .. 4C0 423493 © 640.. H /398 =641.40 INV 8'00PE =640.57 15068111ZEO CONSTRUCTION #'ENTRANCE DEWATERING STOCKPILE (RESTORE WITH TOPSOIL.'.SEED & FERTILIZER) DEWATERING STOCKPILE (RESTORE WITH TOPSOIL. SEED & FERTILIZER) /NV 10'HOPE =637.73.. _ _ ", Tom' 54MN /556 9I0=642.41 S1MH /555. r ST HIM=342.:3 . 'T I e SAW /i6B RIM=¢40.90 ............... INV 15`HDPE =637.04 SAW /314 �p1W T RIN=641.93 r AT CLARK PATTESOASEE DESIGN PROFESSIONALS IST.. SURE 28 MIK PSON LEE BUFFALO. NEW YORK 14203 TEL (800) 274-8000 FAX(71R 852-2120 www.clarkpallerson.com Iarkpa04raeo.cam POND RESTORATION PLAN CITY OF BUFFALO CITY OF BUFFALO ERIE COUNTY NEW YORK DATE: 3/4/16 I 'DRAWN: FAM I0151GNED: DHJ 'CHECKED: JLH I ISCALE: 1" = 50'1 SEDILE51 IIA EROSION CONTROL NOTES: 1. ALL EROSION/SEDIMENT CONTROL MEASURES SHALL COMPLY WITH ALL REQUIREMENTS OF NEW YORK STATE DEPARTMENT 1:10 ENVIRONMENTAL CONSERVATION (445DEC1 STANDARDS AND SPECIFICATIONS FOR EROSION AND SEDIMENT CONTROL. 2. ALL EROSION/SEDIMENT CONTROL MEASURES ARE TO BE PLACED PRIOR TO STRIPPING AND GRUBBING AND APPROVED BY QUALIFIED INSPECTOR. 3. CONTRACTOR IS RESPONSIBLE FOR MAINTAINING ALL SEDIMENT ANO.ER0510N CONTROL MEASURES UNTIL DISTURBED AREAS ARE ST(81LIZED AND APPROVED BY QUALIFIED INSPECTOR. 4. FOLLOWING INITIAL SOIL DISTURBANCE. PERMANENT OR TEMPORARY STABILIZATION SHALL BE COMPLETED WITHIN SEVEN CALENDAR OATS AS TO THE SURFACE OF ALL PERIMETER 00610015. DIKES. SWALES. DITCHES. PERIMETER SLOPES. AND ALL SLOPES GREATER THAN 3 HORIZONTAL TO I VERTICAL D: I1, AND FOURTEEN DAYS A5 TO ALL OTHER DISTURBED OR GRADED AREAS ON THE PROJECT SITE. THIS DOES NOT APPLY TO THOSE AREAS CURRENTLY BEING USED FOR MATERIAL STORAGE OR FOR THOSE AREAS ON WHICH ACTUAL CONSTRUCTION ACTIVITIES ARE CURRENTLY BEING PERFORMED. MAINTENANCE SHALL BE PERFORMED AS NECESSARY TO ENSURE THAT STABILIZED AREAS CONTINUOUSLY MEET THE APPROPRIATE REQUIREMENTS OF 11550E0 STANDARDS AND SPECIFICATIONS. N—N— CONSTRUCTION FENCE/TREE PROTECTION 8000(0) t SILT FENCE SEEDING AND FERTILIZER SAFTEY/660ATIC BENCH (6FT WIDE( STABILIZED CONSTRUCTION ENTRANCE NOTES: I. SEE 850-01 FOR SECTIONS NOTED ON MIS SHEET SCHILLER PARK AND POND IMPROVEMENTS EROSION AND SEDIMENT CONTROL PLAN DRAWING NUMBER ' ESC -01 1 SHEET NUMBER 2 OF 11 I SEQUENCE OF CONSTRUCTION. 1.UPON APPROXIMATELY 2' EMERGENCE OF AQUATIC VEGETATION. BEGIN 0(837(RIN6 THE POND. 2.ONCE POND IS 0(861(8(0. WA1T 7 DAYS BEFORE SPRAYING VEGETATION 8716 6LTPH05A7E HERBICIDE. 3. ALLOW VEGETATION TO 51T WITH HERBICIDE APPLICATION FOR 14 OATS 4. C0WJENCE POND DREDGING ACCORDING 10 PLAN. 0.7807000 DREDGE 5P01L5 WITH SILT FENCE AS SHOWN 6. ALLOW SPOILS TO 0(807(R WITH STOCKPILES. COVER TO PROTECT FROM WEATHER AS NECESSARY. 7.HM6 DREDGE MATERIALS OFFSITE VIA THE PROPOSED HAUL ROAD. 8. INSTALL PLANTINGS ACCORDING TO PLAN. TOPSOIL AND SEED A5 SHOWN ON PLAN. A.0.0.E. 9. REMOVE EROSION CONTROLS. 10.0710E DREDGE MATERIAL 15 REMOVED, RESTORE AREA AND HAUL ROAO5. 11.5701 SPRAT HERBICIDE ON VEGETATION IN FALL. 12.5701 SPRAT HERBICIDE ON VEGETATION THE SUBSEQUENT TEAR [SPRING 6 FALL/. •OESCR1P710N rCLARK PATTERSON LEE DESIGN PROFESSIONALS 16 MIRI93NP1 57., SURE 300 6OFFAL°, NEW YORK 14103 10. (600 274-9000 FAX (716) 852-2120 www.410r4ollonan.cam CITY OF BUFFALO CITY OF BUFFALO ERIE COUNTY NEW YORK 1 FGEND EXISTING — — — — — COUNTY JURISDICTION BUILDING EDGE. CURB. ASPHALT WALK. STONE. VEGETATION LINE WATER LINE WATER EDGE MINOR CONTOUR MAJOR CONTOUR FENCE LINE LIGHTING POLE ELECTRICAL PULL BOX FATE: 4/74/16 I 'DRAWN: FAM I DESIGNED: 0111 I 'CHECKED: JLH I 1 SCALE:1" = 1001 PROPOSED —57—Y — STORM SEWER STORM SEWER DRAINAGE STRUCTURE SILT FENCE ' — — — — MINOR CONTOUR MAJOR CONTOUR .. .. FENCE LINE SCHILLER PARK AND POND IMPROVEMENTS SHEET LAYOUT NEW TREE DRAWING NUMBER I SHT-01 1 SHEET NUMBER Schiller Park 2057 Genesse St. Buffalo ny 14211 RE: Article 33 Environmental Conservation Law To Whom it May Concern: As part of the Department of Environmental Conservation Laws, we are required to supply you with the product labels and material safety data sheets (MSDS) for products listed on the attached page. This list represents the products that we use. Please note that the information contained on the labels and the MSDS is for concentrated product. These chemicals will be properly diluted prior to application . Our application Certification ID number is #C9820341 and our Business Registration number is #09755. Estimated cost for the season for vegetation control is $4500.00. This cost is included in the current contract price; the cost listed is Approximate dates of the first application will be between 6/15/16_to_6/30/16. If applications will not fall within these dates, we will notify you. Please sign one copy of this form and return it to indicate you have received the above mentioned information. Authorized Signature: Sincerely, John G. Napier John G. Napier President Napier and Sons, Inc. 517 Brighton Road Tonawanda, NY 14150 Ph: (716) 832-9000 Fax: (716) 832-2030 Date: Material Safety Data Sheet Section 1. Product and Company Identification Product Name: Product Code: Manufactured For: LESCO SPREADER STICKER LES/SPREADER 5001 I Hazardous Material Information System: LESCO, Inc. 1385 East 36th Street Cleveland, OH 44114-4114 Information Phone: (216) 333-9250 Emergency Phone: Chemtrec (800) 424-9300 Section 2. Hazards Identification Emergency Overview: May cause respiratory tract, eye, and skin irritation. Flarininablity Personal Protection 2 1 0 X Potential Acute Health Effects: Eyes: Irritation may develop causing itching, redness, pain, and swelling. Prolonged or repeated eye contact may cause eye damage. Skin: Skin irritation may develop causing itching and redness. Inhalation: Exposure to vapors or mist may cause coughing or wheezing when inhaled. Ingestion: Not an intended route of exposure. Short term harmful effects are not expected. However, may upset the gastrointestinal tract and cause diarrhea. Section 3. Composition/Information on Ingredients Hazardous Components Component CAS Number Weight Percent Nonionic surfactants Proprietary <90% Fatty Acids Proprietary <20% Isopropanol 67-63-0 3% The composition of this material is a trade secret. Contains no other components or impurities which will influence the classification with regard to human and environmental risk assessment. Section 4. First Aid Measures Eye Contact: Immediately flush eyes with water for at least 15 minutes. Prolonged or repeated contact may result in mechanical irritation. Skin Contact: Wash with soap and water. Inhalation: Move to fresh air. Seek medical attention if irritation develops. Ingestion: Seek medical attention. Unless advised otherwise, dilute with water and induce vomiting. Section 5. Fire Fighting Measures Flash Point: Fire Fighting Media: Protective Clothing: >250°F Product must be preheated before ignition will occur. Foam, alcohol foam, CO2, dry chemical, water fog. If evaporated to dryness, the solid residue may pose a moderate fire hazard. No special procedures required besides standard fire fighting procedures. LESCO SPREADER STICKER LESCO Material Safety Data Sheet Page 1 of 4 Section 6. Accidental Release Measures Clean -Up Procedures: Spills and Leaks: Handling: Storage: 15001 1 Collect spilled material with an inert absorbent such as sand or vermiculite. If possible, the product should be dried before disposal. Place in properly labeled and closed container. Dispose of collected material according to federal, state/provincial and local environmental regulations. Contain the spill or leak to prevent discharges to surface streams or storm sewers. Product may be toxic to fish or aquatic life. Section 7. Handling and Storage Avoid breathing fumes. General mechanical ventilation can be expected to effectively remove and prevent build up of any vapor or mist generated from handling this product in a closed environment. Protect eyes to prevent contact. Avoid prolonged or repeated exposure to skin. Keep container in a dry place inaccessible to children and pets at temperatures above freezing. Keep containers sealed until ready for use. Section 8. Exposure Control/Personal Protection Component Nonionic surfactants Fatty Acids Isopropanol Engineering controls: Personal Protection: Eyes: Body: Hands: Respiratory: Other: CAS Number Proprietary Proprietary 67-63-0 Occupational Exposure Limits OSHA STEL none established none established 500 ppm ACGIH TLV none established none established 400 ppm Weight Percent <90% <20% 3% General mechanical ventilation can be expected to effectively remove and prevent build up of any vapor or mist generated from handling this product in a closed environment. Wear safety glasses with side shields. Wear additional eye protection such as chemical goggles or face shield if splashing or spraying hazard -exists. Have an eyewash station available. To prevent skin contact wear coveralls, apron, boots, or lab coat. Avoid skin contact by using chemically resistant gloves. If exposure limits are exceeded, use a NIOSH/MSHA respirator approved for your conditions of exposure. Traces of ethylene oxide and/or propylene oxide could accumulate in headspace of drums, storage/transport vessels or in enclosed areas where the product is being handled or used. If the product is handled according to the recommendations set forth in the Material Safety Data Sheet, the presence of trace amounts is not expected to result in any short or long term hazard. Open wounds or skin surface disruptions should be covered with a chemical resistant patch to minimize absorption risks. Clean clothing should be worn daily to avoid possible long-term build up of the product leading to chronic overexposure. Section 9. Physical and Chemical Properties Odor Color Physical state Solvent odor Colorless Liquid pH not available Melting/Freezing Point not available Vapor Density Evaporation Rate Specific Gravity (H,0=1) Solubility in water 10% Flashpoint > 1.000 Slower than ether 1.0-1.1 g/mL > 250°F LESCO SPREADER STICKER LESCO Material Safety Data Sheet Page 2 of 4 A 15001 Section 10. Stability and Reactivity Chemical Stability: Hazardous Decomposition: Hazardous Polymerization: Incompatibility (Materials to Avoid): This material is chemically stable under normal storage and handling conditions. When involved in a fire, burning may evolve noxious fumes which may include carbon monoxide, carbon dioxide, nitrous oxides, acetic acid, or other toxic compounds depending on the chemical composition and combustion conditions. Is not known to occur. Bleaching agents (oxidizers). Avoid contact with bleaching agents and oxidizers which include chlorine, oxygen, permanganates, perchlorates, percarbonates, peroxides, chromates, hypochlorites, nitric acid, and sulfuric acid. Section 11. Toxicological Information Chronic Toxicity: Mutagenic Effects: Teratogenic Effects: Developmental Toxicity: Acute Effects on Humans: Sensitization: Carcinogenic Effects: Existing Medical Conditions Aggravated By Exposure: None known None known None known None known May cause skin, eye, and respiratory irritation. Repeated or prolonged exposure to the substance at concentration above the exposure limits may cause respiratory tract and lung sensitization. None known May provoke asthmatic response in persons with asthma who are sensitive to airway irritants. Section 12. Ecological Information Ecotoxicity: No data available, however the material is not expected to have any deleterious toxic effect. Environmental Fate: No data available regarding the environmental fate or biodegradation. Section 13. Disposal Considerations EPA Waste Number: Treatment: Non -hazardous waste Dispose of according to all federal, state/provincial and local environmental regulations. Section 14. Transport Information D.O.T. Classification: IMO/IMDG Classification: IATA Classification: Not regulated Not regulated Not regulated LESCO SPREADER STICKER LESCO Material Safety Data Sheet Page 3 of 4 Section 15. Regulatory Information Hazardous Material Information System III: TSCA Toxic Substances Control Act SARA Superfund Amendment and Reauthorization Act EPCRA Emergency Planning & Community Right -to -1(n Section 302 Extremely Hazardous Substances Acute: Chronic: Section 311 and 312 Hazards Fire: Pressure: Reactive: 15001 I 1 All ingredients are listed or exempt from the requirement. Section 313 Toxic Chemical Release Inventory CERCLA Hazardous substances Clean Air Act Clean Water Act California Proposition 65 Carcinogens & Reproductive Toxicity (CRT) List: OSHA Regulatory Status: Section 16. Other_ Information Hazardous Material Information System: ow Act None of the chemicals in this product are listed. Yes No No No No There are no ingredients subject to the reporting requirements of Section 313 of SARA Title III and of 40 CFR 372 contained in this product. None of the chemicals in this product have an RQ. This material does not contain any hazardous air vollutants, nor any Class 1, 2 ozone depletors. None of the chemicals in this product are listed as Hazardous Substances, Priority or Toxic Pollutants under the CWA. This product contains ingredients known to the State of California to cause cancer or birth defects: Less than 0.1% Ethylene Oxide — CAS# 75-21-8, Cancer hazard > 10 ppm This product is considered hazardous under the OSHA Hazard Communication Standard (29CFR 1910.1200). Fla inn Personal Protection 1 Revision: 1 Effective Date: 1 Supersedes: 1 Created By: 2 1 0 X Original 1 April 16, 2012 1 N/A GF The information is furnished without warranty, representation, inducement or license of any kind, except that it is accurate to the best of LESCO, Inc.'s knowledge. Because use conditions and applicable laws may differ from one location to another and may change with time, Recipient is responsible for determining whether the information is appropriate for recipient's use. Since LESCO, Inc. has no control over how this information may be ultimately used, all liability is expressly disclaimed and LESCO, Inc. assumes no liability. LESCO SPREADER STICKER LESCO Material Safety Data Sheet Page 4 of 4 Page: 1 / 9 LESCO® PROSECUTOR® PRO Herbicide Version: 0.0 Effective date: 06/11/2015 LESCO, Inc. Safety Data Sheet #4038 Commercial Product PRODUCT AND COMPANY IDENTIFICATION 1.1. Product identifier LESCO® PROSECUTOR® PRO Herbicide 1.1.1. Chemical name Not applicable. 1.1.2. Synonyms None. 1.1.3. EPA Reg. No. 524-536-10404 1.2. Product use Herbicide 1.3. Company LESCO, Inc., 1385 East 36th Street, Cleveland, OH, 44114 Telephone: 800-347-4272 Website: www.lesco.com 1.4. Emergency numbers FOR CHEMICAL EMERGENCY, SPILL LEAK, FIRE, EXPOSURE, OR ACCIDENT Call CHEMTREC - Day or Night: 1-800-424-9300 toll free in the continental U.S., Puerto Rico, Canada, or Virgin Islands. For calls originating elsewhere: 703-527-3887 (collect calls accepted). FOR MEDICAL EMERGENCY - Day or Night: +1 (314) 694-4000 (collect calls accepted). 2. HAZARDS IDENTIFICATION 2.1. Classification OSHA Hazard Communication Standard, 29 CFR 1910.1200 (2012) Acute toxicity, inhalation - Category 4 2.2. Label elements 2.2.1. Signal word WARNING! 2.2.2. Hazard ictogram/pictograms 2.2.3. Hazard statement/statements Harmful if inhaled. 2.2.4. Precautionary statement/statements Do not breathe mist/vapours/spray. Use only outdoors or in a well -ventilated area. IF INHALED: Remove victim to fresh air and keep at rest in a position comfortable for breathing. Call a POISON CENTER or doctor/physician if you feel unwell. Page: 2 / 9 LESCO® PROSECUTOR® PRO Herbicide Version: 0.0 Effective date: 06/11/2015 2.3. Appearance and odour (colour/form/odour) Amber /Liquid / Sweet 2.4. OSHA Status This product is hazardous according to the OSHA Hazard Communication Standard, 29 CFR 1910.1200. Refer to section 11 for toxicological and section 12 for environmental information. 3. COMPOSITION/INFORMATION ON INGREDIENTS Active ingredient Isopropylamine salt of N-(phosphonomethyl)glycine; {Isopropylamine salt of glyphosate} Composition COMPONENT Isopropylamine salt of glyphosate Other ingredients Trade secret composition. 4. FIRST AID MEASURES Use personal protection recommended in section 8. 1I CAS No. 1 % by weight (approximate) 1 38641-94-0 1 41 1 159 4.1. Description of first aid measures 4.1.1. Eye contact: If in eyes, hold eye open and rinse slowly and gently for 15-20 minutes. Remove contact lenses, if present, after first 5 minutes, then continue rinsing. Call a poison control center or doctor for treatment advice. 4.1.2. Skin contact: Take off contaminated clothing, wristwatch, jewellery. Wash affected skin with plenty of water. Wash clothes and clean shoes before re -use. 4.1.3. Inhalation: Remove to fresh air. 4.1.4. Ingestion: Immediately offer water to drink. Do NOT induce vomiting unless directed by medical personnel. If symptoms occur, get medical attention. 4.2. Most important symptoms and effects, both acute and delayed 4.2.1. Eye contact, short term: May cause temporary eye irritation. 4.2.2. Skin contact, short term: Not expected to produce significant adverse effects when recommended use instructions are followed. 4.2.3. Inhalation, short term: Not expected to produce significant adverse effects when recommended use instructions are followed. 4.3. Indication of any immediate medical attention and special treatment needed 4.3.1. Advice to doctors: This product is not an inhibitor of cholinesterase. 4.3.2. Antidote: Treatment with atropine and oximes is not indicated. 5. FIRE -FIGHTING MEASURES 5.1. Extinguishing media 5.1.1. Recommended: Water, foam, dry chemical, carbon dioxide (CO2) 5.2. Special hazards 5.2.1. Unusual fire and explosion hazards Minimise use of water to prevent environmental contamination. Environmental precautions: see section 6. 5.2.2. Hazardous products of combustion Carbon monoxide (CO), phosphorus oxides (PxOy), nitrogen oxides (NOx) Page: 3 / 9 LESCO® PROSECUTOR® PRO Herbicide Version: 0.0 Effective date: 06/11/2015 5.3. Fire fighting equipment: Self-contained breathing apparatus. Equipment should be thoroughly decontaminated after use. 5.4. Flash point None. 6. ACCIDENTAL RELEASE MEASURES 6.1. Personal precautions Use personal protection recommended in section 8. 6.2. Environmental precautions SMALL QUANTITIES: Low environmental hazard. LARGE QUANTITIES: Minimize spread. Keep out of drains, sewers, ditches and water ways. Notify authorities. 6.3. Methods for cleaning up SMALL QUANTITIES: Flush spill area with water. LARGE QUANTITIES: Absorb in earth, sand or absorbent material. Dig up heavily contaminated soil. Collect in containers for disposal. Refer to section 7 for types of containers. Flush residues with small quantities of water. Minimise use of water to prevent environmental contamination. Refer to section 13 for disposal of spilled material. Use handling recommendations in Section 7 and personal protection recommendations in Section 8. 7. HANDLING AND STORAGE Good industrial practice in housekeeping and personal hygiene should be followed. 7.1. Precautions for safe handling When using do not eat, drink or smoke. Wash hands thoroughly after handling or contact. Thoroughly clean equipment after use. Do not contaminate drains, sewers and water ways when disposing of equipment rinse water. Emptied containers retain vapour and product residue. Refer to section 13 of the safety data sheet for disposal of rinse water. Observe all labeled safeguards until container is cleaned, reconditioned or destroyed. 7.2. Conditions for safe storage Minimum storage temperature: -15 °C Maximum storage temperature: 50 °C Compatible materials for storage: stainless steel, aluminium, fiberglass, plastic, glass lining Incompatible materials for storage: galvanized steel, unlined mild steel, see section 10. Keep out of reach of children. Keep away from food, drink and animal feed. Keep only in the original container. Partial crystallization may occur on prolonged storage below the minimum storage temperature. If frozen, place in warm room and shake frequently to put back into solution. Minimum shelf life: 5 years. Page: 4 / 9 LESCO® PROSECUTOR® PRO Herbicide Version: 0.0 Effective date: 06/11/2015 8. EXPOSURE CONTROLS/PERSONAL PROTECTION 8.1. Airborne exposure limits Components Isopropylamine salt of glyphosate Other ingredients Exposure Guidelines No specific occupational exposure limit has been established. No specific occupational exposure limit has been established. 8.2. Engineering controls: No special requirement when used as recommended. 8.3. Recommendations for personal protective equipment 8.3.1. Eye protection: If there is significant potential for contact: Wear chemical goggles. 8.3.2. Skin protection: No special requirement when used as recommended. If repeated or prolonged contact: Wear chemical resistant gloves. 8.3.3. Respiratory protection: No special requirement when used as recommended. When recommended, consult manufacturer of personal protective equipment for the appropriate type of equipment for a given application. 9. PHYSICAL AND CHEMICAL PROPERTIES These physical data are typical values based on material tested but may vary from sample to sample. Typical values should not be construed as a guaranteed analysis of any specific lot or as specifications for the product. Colour/colour range: Odour: Form: Amber Sweet Liquid Physical form chanes (melting, boiling, etc.): Melting point: Not applicable. Boiling point: No data. Flash point: None. Explosive properties: No explosive properties Auto ignition temperature: 452 °C Self -accelerating decomposition No data. temperature (SADT): Oxidizing properties: Specific gravity: Vapour pressure: Vapour density: Evaporation rate: Dynamic viscosity: Kinematic viscosity: 1 Density: Solubility: 1 pH: 1 Partition coefficient: 1 No data. 1.169(x,20°C/15.6°C 25 mmHg 24 °C 1 Not applicable. 1 No data. 1 73.2 cP Not applicable. 1.17g/cm3@20°C Water: Completely miscible. 4.4 - 5.0 log Pow: < 0.00 (active ingredient) 10. STABILITY AND REACTIVITY 10.1. Reactivity LESCO® PROSECUTOR PRO Herbicide Version: 0.0 Page: 5 / 9 Effective date: 06/11/2015 Reacts with galvanised steel or unlined mild steel to produce hydrogen, a highly flammable gas that could explode. 10.2. Stability Stable under normal conditions of handling and storage. 10.3. Possibility of hazardous reactions Reacts with galvanised steel or unlined mild steel to produce hydrogen, a highly flammable gas that could explode. 10.4. Incompatible materials galvanised steel;unlined mild steel;see section 10.; Compatible materials for storage: see section 7.2. 10.5/ Hazardous decomposition Thermal decomposition: Hazardous products of combustion: see section 5. 11. TOXICOLOGICAL INFORMATION This section is intended for use by toxicologists and other health professionals. Likely routes of exposure: Skin contact, eye contact Potential health effects Eye contact, short term: May cause temporary eye irritation. Skin contact, short term: Not expected to produce significant adverse effects when recommended use instructions are followed. Inhalation, short term: Not expected to produce significant adverse effects when recommended use instructions are followed. Data obtained on similar products and on components are summarized below. Siinflaiion ala ion Acute oral toxicity Rat, LD50: 5,108 mg/kg body weight Practically non-toxic. Acute dermal toxicity Rat, LD50 (limit test): > 5,000 mg/kg body weight Practically non-toxic. No mortality. Skin irritation Rabbit, 6 animals, OECD 404 test: Days to heal: 3 Primary Irritation Index (PII): 0.5/8.0 Essentially non irritating. Eve irritation Rabbit, 6 animals, OECD 405 test: Days to heal: 3 Slight irritation. Acute inhalation toxicity Rat, LC50, 4 hours, aerosol: 2.9 mg/L Other effects: weight loss, breathing difficulty Practically non-toxic. Skin sensitization Guinea pig, 3 -induction Buehler test: Positive incidence: 0 % Page: 6 / 9 LESCO® PROSECUTOR® PRO Herbicide Version: 0.0 Effective date: 06/11/2015 N-1phosphonomethvllglvcine: tglvnhosate acidl Genotoxicity Not genotoxic. Carcinogenicity Not carcinogenic in rats or mice. Reproductive/Developmental Toxicity Developmental effects in rats and rabbits only in the presence of significant maternal toxicity. Reproductive effects in rats only in the presence of significant maternal toxicity. 12. ECOLOGICAL INFORMATION This section is intended for use by ecotoxicologists and other environmental specialists. Data obtained on product and components are summarized below. Aquatic toxicity. fish Rainbow trout (Oncorhynchus mykiss): Acute toxicity, 96 hours, static, LC50: 5.4 mg/L Moderately toxic. Bluegill sunfish (Lepomis macrochirus): Acute toxicity, 96 hours, static, LC50: 7.3 mg/L Moderately toxic. Aquatic toxicity. invertebrates Water flea (Daphnia magna): Acute toxicity, 48 hours2, static, EC50: 11 mg/L Slightly toxic. Avian toxicity Mallard duck (Anas platyrhynchos): Dietary toxicity, 5 days, LC50: > 5,620 mg/kg diet Practically non-toxic. _ Bobwhite quail (Colinus virginianus): Dietary toxicity, 5 days, LC50: > 5,620 mg/kg diet Practically non-toxic. Arthropod toxicity Honey bee (Apis mellifera): Oral/contact, 48 hours, LD50: > 100 µg/bee Practically non-toxic. Soil organism toxicity. invertebrates Earthworm (Eisenia foetida): Acute toxicity, 14 days, LC50: > 1,250 mg/kg soil Practically non-toxic. N-lohosnhonomethvllglycine: lglynhosate acid} Bioaccumulation Bluegill sunfish (Lepomis macrochirus): Whole fish: BCF: < 1 No significant bioaccumulation is expected. Dissipation Soil, field: Half life: 2 - 174 days Koc: 884 - 60,000 L/kg Adsorbs strongly to soil. Water, aerobic: LESCO® PROSECUTOR® PRO Herbicide Half life: < 7 days 13. DISPOSAL CONSIDERATIONS Page: 7 / 9 Version: 0.0 Effective date: 06/11/2015 13.1. Waste treatment methods 13.1.1. Product Keep out of drains, sewers, ditches and water ways. Recycle if appropriate facilities/equipment available. Burn in proper incinerator. Follow all local/regional/national/international regulations. 13.1.2. Container See the individual container label for disposal information. Emptied containers retain vapour and product residue. Observe all labeled safeguards until container is cleaned, reconditioned or destroyed. Empty packaging completely. Triple or pressure rinse empty containers. Do NOT contaminate water when disposing of rinse waters. Ensure packaging cannot be reused. Do NOT re- use containers. Store for collection by approved waste disposal service. Recycle if appropriate facilities/equipment available. Follow all local/regional/national/international regulations. Use handling recommendations in Section 7 and personal protection recommendations in Section 8. 14. TRANSPORT INFORMATION The data provided in this section is for information only. Please apply the appropriate regulations to properly classify your shipment for transportation. 14.1. US Dept. of Transportation (DOT) Hazardous Materials Regulations (49 CFR Parts 105-180) Proper Shipping Name Not regulated for domestic ground transportation. (Technical Name if required): 14.2. IMDG Code Proper Shipping Name (Technical Name if required): Not regulated for transport under IMO Regulations 14.3. IATA/ICAO IProper Shipping Name Not regulated for transport under IATA/ICAO Regulations (Technical Name if required): 15. REGULATORY INFORMATION 15.1. Environmental Protection Agency 15.1.1. TSCA Inventory All components are on the US EPA's TSCA Inventory 15.1.2. SARA Title III Rules Section 311/312 Hazard Categories: Immediate Section 302 Extremely Hazardous Substances: Not applicable. Section 313 Toxic Chemical(s): Not applicable. 15.1.3. CERCLA Reportable quantity Not applicable. 15.1.4. Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) Page: 8 / 9 LESCO® PROSECUTOR® PRO Herbicide Version: 0.0 Effective date: 06/11/2015 This chemical is a pesticide product registered by the United States Environmental Protection Agency and is subject to certain labeling requirements under federal pesticide law. These requirements differ from the classification criteria and hazard information required for safety data sheets (SDS), and for workplace labels of non -pesticide chemicals. The hazard information required on the pesticide label is reproduced below. The pesticide label also includes other important information, including directions for use. CAUTION! CAUSES EYE IRRITATION Acute oral toxicity: FIFRA category IV. Acute dermal toxicity: FIFRA category IV. Acute inhalation toxicity: FIFRA category IV. Skin irritation: FIFRA category IV. Eye irritation: FIFRA category III. 16. OTHER INFORMATION The information given here is not necessarily exhaustive but is representative of relevant, reliable data. Follow all local/regional/national/international regulations. Please consult supplier if further information is needed. In this document the British spelling was applied. Health Flammability Instability Additional Markings NFPA 2 1 1 o = Minimal hazard, 1 = Slight hazard, 2 = Moderate hazard, 3 = Severe hazard, 4 = Extreme hazard Full denomination of most frequently used acronyms. BCF (Bioconcentration Factor), BOD (Biochemical Oxygen Demand), COD (Chemical Oxygen Demand), EC50 (50% effect concentration), ED50 (50% effect dose), I.M. (intramuscular), I.P. (intraperitoneal), I.V. (intravenous), Koc (Soil adsorption coefficient), LC50 (50% lethality concentration), LD50 (50% lethality dose), LDLo (Lower limit of lethal dosage), LEL (Lower Explosion Limit), LOAEC (Lowest Observed Adverse Effect Concentration), LOAEL (Lowest Observed Adverse Effect Level), LOEC (Lowest Observed Effect Concentration), LOEL (Lowest Observed Effect Level), MEL (Maximum Exposure limit), MTD (Maximum Tolerated Dose), NOAEC (No Observed Adverse Effect Concentration), NOAEL (No Observed Adverse Effect Level), NOEC (No Observed Effect . . Concentration), NOEL (No Observed Effect Level), OEL (Occupational Exposure Limit), PEL (Permissible Exposure Limit), PII (Primacy Irritation Index), Pow (Partition coefficient n-octanol/water), S.C. (subcutaneous), STEL (Short -Term Exposure Limit), TLV -C (Threshold Limit Value -Ceiling), TLV -TWA (Threshold Limit Value - Time Weighted Average), UEL (Upper Explosion Limit) This Material Safety Data Sheet (MSDS) serves different purposes than and DOES NOT REPLACE OR MODIFY THE EPA -APPROVED PRODUCT LABELING (attached to and accompanying the product container). This MSDS provides important health, safety, and environmental information for employers, employees, emergency responders and others handling large quantities of the product in activities generally other than product use, while the labeling provides that information specifically for product use in the ordinary course. Use, storage and disposal of pesticide products are regulated by the EPA under the authority of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) through the product labeling, and all necessary and appropriate precautionary, use, storage, and disposal information is set forth on that labeling. It is a violation of federal law to use a pesticide product in any manner not prescribed on the EPA -approved label. Although the information and recommendations set forth herein (hereinafter "Information") are presented in good faith and believed to be correct as of the date hereof, LESCO, Inc. or any of its subsidiaries makes no representations as to the completeness or accuracy thereof. Information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for the purposes prior to use. In no event will LESCO, Inc. or any of its subsidiaries be responsible for damages of any nature whatsoever resulting from the use of or reliance upon information. NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OF ANY OTHER NATURE ARE MADE HEREUNDER WITH RESPECT TO INFORMATION OR TO THE LESCO® PROSECUTOR® PRO Herbicide H PRODUCT TO WHICH INFORMATION REFERS. 000000008913 Page: 9 / 9 Version: 0.0 Effective date: 06/11/2015 11 End of document Request for Authorization to Implement Pesticide Control Plan for Invasive Species Removal in Schiller Park (Lov)(DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 1, 2016, be received and filed; That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to implement an invasive species pesticide control plan in Schiller Park in order to control invasive herbaceous growth around the pond in Schiller Park. PASSED AYES -9 NOES -0 C:IUsers elehner AppDataLocallMicrosoftrWindows1Temporary Internet FilcslConleniOullookU5MLCII-15kImplement Pesticide Control Plan -Schiller Parkdocz FEROLETO FONTANA FRANCZYK GOLOMBFK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6] [3/4 - 7] * AYE* NO * * * * * * * * 9 * 0 * FROM THE COMMISSIONER OF POLICE June 7, 2016 9-t' SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 19, 2016 FROM: DEPARTMENT: DIVISION: SUBJECT: POLICE 01321 1: Drug Asset Forfeiture Wire Transfers PRIOR COUNCIL REFERENCE: (IF ANY) 1:Item No. 104, C.C.P. 2/2/88 Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW 15 -DEA -615031 M -16 -A44 -P-800297 $ 448.50 15 -DEA -614469 M -16 -A44 -P-903829 $ 1,098.05 15 -DEA -608376 M -16 -A44 -P-804026 $ 3,589.77 15 -DEA -614859 M -16 -A44 -P-804033 $ 1,916.90 15 -DEA -615461 M -16 -A44 -P-804023 $ 257.64 15 -DEA -614858 M -16 -A44 -P-804029 $ 156.88 DEAJFBUUS CUSTOMS TOTAL $7,467.74 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 lf 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: CHIEF OF INVESTIGATIVE SERVICES SIGNATURE OF DEPARTMENT HEAD: RECEIVED AND FILED STATE OF NEW YORK New York State Division Of Criminal Justice Services ASSETS FORFEITURE REPORTING PROGRAM ) ss: COUNTY OF ERIE AFFIDAVIT pursuant to Civil Practice Law and Rules 1311(11)(c) CHIEF DENNIS RICHARDS , as (claiming agent) (claiming authority), being duly (Name) sworn, depose and state that on 04/15, 4/21, & 4/27/16 , the BUFFALO POLICE DEPARTMENT received (Date) (Agency) WIRE TRANSFERS having an estimated present value of $ 7,467.74 (Amount) (check, vehicle, personal property, etc.) pursuant to chapter thirteen of Food and Drug Laws (21 U.S.C. 801 et seq.) of the United States and/or chapter four of the Customs Duties Laws (19 U.S.C. 1301 et seq.) of the United States and/or chapter 96 of the Crimes and Criminal Procedure Laws (18 U.S.C. '1961 et sec') of the United States. On the CHIEF OF INVESTIGATIVE SERVICES that s s employed by the (Month) Title DATE: 05/19/2016 in the year ac) U5 , before me personally came (Year) to me known, who, being by me duly sworn, depose and say `P LC) CO L \ V) 1- and tha ME) (Agency) was authorized by and did execute the above affidavit at the direction of said entity and that /fie signed herthiame thereto. A - Notary Public Mail to: NYS Division of Criminal Justice Services Assets Forfeiture Reporting Program Office of Public Safety 80 South Swan Street Albany, NY 12210 EN A OAKLEY lo, State of Nevelt* ad In Ede a Myeam talon Expires COPYRIGHT 8 1995 NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES (July 2005) 05/19/2016 11:18 jstanchak CITY OF BUFFALO SCHEDULE OF DEPARTMENT PAYMENTS TO TREASURER RECEIPT DESCRIPTION/REFERENCE ACCOUNT REF #: DEPT/LOC: POLICE DATE: May. 19, 2016 2676826 DRUG ASSET FORFEITURE 20010000 389001 200.10000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 **** RECEIPT TOTAL TOTAL COLLECTED/TURNED OVER: REPRESENTING COLLECTION FROM: 05/19/2016 TO 05/19/2016 REF #: SIGNATURE: ACCOUNT 20010000 389001 DESCRIPTION 7,467.74 7,467.74 DATE: May. 1r9 , 2016 TITLE: �(�< ; �(� V b LCT DEPARTMENT SUMMARY P 1 ardptpmt AMOUNT 448.50 1,098.05 3,589.77 1,916.90 257.64 156.88 AMOUNT DEA PROP MISC REVENUE 7,467.74 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1322 PASSED June 7, 2016 2016 Justice Assistance Grant Program Renewel/Yr 12 APPROVED JUN 1 5 2016 MAYOR Gerald A Chwalinski City Clerk Li #2'(Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 26, 2016 FROM: DEPARTMENT: Buffalo Police Department DIVISION: Grants Section 01322 SUBJECT: 2016 Justice Assistance Grant Program Renewal/Yr 12 ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Item #1145, C.C.P. #12, 06/09/2015 TEXT: (TYPE SINGLE SPACE BELOW) The US Department of Justice initiated funding under the Justice Assistance Grant (JAG) Program, which combined the Byrne Formula Grants and Local Law Enforcement Block Grant Programs (LLEBG). JAG has served as the single funding mechanism for the administration of these grants over the last eleven (11) years. This year is the twelfth (12th) year of the JAG grant funding, and under this year's grant, the City must partner with the County of Erie and Town of Cheektowaga Police as described below. Regarding the 2016 funding, the Bureau of Justice has certified that the City of Buffalo is in a funding disparity with the County of Erie and therefore, we have to submit a JOINT application for the aggregate of funds allocated to this area. With regard to this year's 2016 JAG Award, the U.S. Department of Justice's Bureau of Justice Assistance is'reinforcing the fact that this grant is a critical source of funding for local law enforcement agencies to maximize its resources for improving police services, especially during these challenging times when police departments across the nation have been placed under intense scrutiny, in addition to, the significant financial pressures on local government. The grant funding for this year that Your Honorable Body is being asked to formally accept totals $285,004 to each participating entity as follows: City of Buffalo: $270,230 Cheektowaga Police: $14,774 Under the 2016 grant fiscal year, the County of Erie once again did not receive a direct allocation of funds. The City and the County of Erie must agree on this criminal justice effort or no one gets the funding. To ensure an equitable resolution for all partners, we propose to retain minimal funds for the continued and partial reimbursement of a juvenile prosecutor in the District Attorney's Office ($31,500), andfor Central Police Services' Security Infrastructure Project ($6,000), which will increase security by adding encryption to all data accessed at the application software level and utilized by all area law enforcement, including Buffalo. The City's allocation of $270,230 will be split: $220,730 will be utilized to augment dedicated overtime activities, especially geared toward gun violence, a federal priority under this year' grant, along with directed law enforcement patrols at large City events, especially along Buffalo's waterfront, quality of life selected enforcement details in Buffalo's neighborhoods, and targeted homeland security activities. In addition, $50,000 will boost funding for IPAD equipment, a police priority for the City of Buffalo as they provide state-of- the-art equipment to patrol officers. This budget is a guide and since this grant does not begin until October 1, 2018, the City has the flexibility at that time to revise the budget should the need arise at the time of implementation. 2A9 As.\ #2- Page 2 (Rev. 1/93) Page # 2 TEXT CONTINUATION: (TYPE SINGLE SPACE BELOW) Accordingly, I am requesting that Your Honorable Body: 1. Approve the routine steps that must be taken to prepare the grant funding application for JAG Year 12 for 2016; 2. Authorize the City of Buffalo's acceptance of the $285,004 in grant funding($14,774 allocated by the Bureau of Justice and must be turned over to the Cheektowaga Police, along with additional funds to be allocated to the County of Erie to partially fund the Juvenile Prosecutor in the Erie County District Attorney's Office ($31,500), and enhance security encryption for law enforcement systems ($6,000); 3. Authorize City of Buffalo and Police Department personnel to take such other steps and to enter into such agreements as are necessary or useful in facilitating the acceptance and utilization of the JAG Year 12 2016 grant funding; and 4. Authorize the City of Buffalo to act as fiscal agent for the grant funding for fiscal management, reporting and compliance purposes. This year's application must be submitted by June 24, 2016. The Feds require a governmental review from the "fiscal" agent, which is the City of Buffalo, prior to the submission of this application. We were just recently notified about the submission of this renewal grant application, and in addition, we had to negotiate and come to terms with other partners as part of this complex grant process before we could present this information to your Honorable Body. Again, we must have your approval as we prepare for the acceptance and spending of these funds and respectfully request your approval at the June 7, 2016 Council Meeting, which then gives us time to prepare the required submission documents with regard to JAG's mandatory government review. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851-4475. DD:mao TYPE: DEPARTMENT HEAD NAME: DANIEL DERENDA TYPE: DEPARTMENT HEAD TITLE POLICE COMMISSIONER SIGNATURE OF DEPARTMENT HEAD: 2016 Justice Assistance Grant Program Renewal — Year 12 (Police) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated May 16, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept grant funding on behalf of the City of Buffalo totaling $285,004.00 from the Justice Assistance Grant (JAG) Program, Year 12 for 2016 ($14,774.00 allocated by the Bureau of Justice must be turned over to the Cheektowaga Police, along with additional funds in the amount of $31,500.00 to be allocated to the County of Erie to partially fund the Juvenile Prosecutor in the Erie County District Attorneys' Office , and $6,000.00 to enhance security encryption for law enforcement systems); and that the Common Council hereby authorizes the City of Buffalo and the Buffalo Police Department personnel to take such other steps and to enter into such agreements as are necessary or useful in facilitating the acceptance and utilization of the JAG Year 12 2016 grant funding; and that the Common Council hereby authorizes the City of Buffalo to act as fiscal agent for the grant funding for fiscal management, reporting and compliance purposes. PASSED AYES 9 NOES -0 CAUsers \clelmeMppData\Local\Microsoft\Windows \Temporary Internet Files \Content.Outlook‘J5MLCIB5lIAG Grant-Police.doc FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT * AYE* NO * * * * * * * * * * * * * * * * [ ] ** [MAJ- 5] *9 * 0 [ 2/3 - 6 ] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1323 PASSED June 7, 2016 Permission to Enter Into Shot Gun Training Agreement Gerald.A Chwalinski City Clerk APPROVED J U N 1 5 2016 01323 ��.4 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 2. 2016 FROM: DEPARTMENT: Buffalo Police Department DIVISION: Administration SUBJECT: [Permission to Enter Into Shot Gun Training Agreement] ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Example: (Item No, C.C.P.) TEXT: (TYPE SINGLE SPACE BELOW) The Buffalo Police Department is attaching an Agreement between the City of Buffalo and its Police Department with the Hamburg Rod and Gun Club for allowing Buffalo Police to utilize this outdoor facility for shotgun training to its police officers. Buffalo Police cannot utilize its indoor range for this type of police firearms training. This document has been reviewed and approved as to form by the City's Law Department and is necessary for the execution of secure training methods and techniques in the appropriate and professional use of law enforcement firearms for officer safety and for yielding properly trained and responsible shotgun shooters. We are requesting that your Honorable Body consent to the following: Authorize the Buffalo Police Department to enter into this Agreement and provide $4.00 per officer as compensation for use of this range which will be charged to the operating training budget within the Buffalo Police Department. The indemnity and release provisions are being provided by the City, which are contained in this Agreement. If you should have any questions, please feel free to contact Captain Patrick Mann from the Buffalo Police Training Academy at (716) 851-4529 or the Training Lieutenant, James Curtin, at (716) 851-6552. Your immediate attention to this matter is appreciated. DD:mao TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: /c/ Ad OUTDOOR RANGE AGREENT BETWEEN THE CITY OF BUFFALO POLICE DEPARTMENT AND THE URG ROD AND GUN CLUB OUTDOOR RANGE EXCHANGE AGREEMENT BETWEEN THE CITY OF BUFFALO POLICE DEPARTMENT AND THE HAMBURG ROD AND GUN CLUB This Agreement is entered into between the City of Buffalo Police Department (hereinafter "BPD") and the Hamburg Rod and Gun Club. Pursuant to this Agreement, the Hamburg Rod and Gun Club hereby agrees to allow BPD the use of their outdoor shooting range, located at 3434 Hickox Road in Hamburg, New York, on the following terms: The use of the outdoor range by BPD will be for the purpose of the qualifying BPD Officers to carry and utilize firearms while on duty. Said firearms will include both shotguns and handguns. The use of the outdoor range by BPD shall commence on or about /I /VA C_ / ' c:20/5— ) and will continue for a period of one (1) year. • Prior to using the outdoor range, BPD must request the use of the range in writing, at least ten (10) calendar days prior to the date that BPD wishes to use the range. The President of the Hamburg Rod and Gun Club, or his designee, will advise BPD whether the range is available on the requested date; or offer and alternate date(s). The. Hamburg Rod and Gun Club will send BPD a written confirmation of all dates that BPD may use the range. It isanticipated that BPD may request to use the range approximately once every fifteen (15) days. On the dates that BPD uses the range, the BPD will be permitted the use of the range for a period of ten (10) hours between the hours of 0900 and 2100. • For every day that BPD utiliz se range, BPD will compensate the Hamburg Rod and Gun Club the sum of $ per officer that uses the range. Said fee 'will be due to the Hamburg Rod and Gun Club within thirty (30) days of each date that BPD uses the range. Further, BPD agrees to replace the wood panel backstops when said backstops become unserviceable during the course of the utilization of the range by BPD. The wood panel backstops will be replaced with the same or similar backdrops as currently utilized by the Hamburg Rod and Gun Club. BPD agrees that the President of the Hamburg Rod and Gun Club will have the final authorityto require BPD to replace a backstop(s). This agreement may be renewed by mutual agreement of BPD and the Hamburg Rod and Gun Club on a yearly basis,a period of twelve (12) .months. Said renewal would commence on ../sok-44/ s and any successive years following that date. , p. The City of Buffalo agrees to indemnify and hold harmless the Hamburg Rod and Gun Club, and their employees, .officers, and agents from any and all claims, demands, suits, causes of action, and demands whatsoever, personal and/or property in law or in equity in connection with the use of their outdoor range by BPD personnel pursuant to this Agreement. The City of Buffalo is a self-insured entity.. This Agreement shall be construed under and in accordance with the laws of the State of New York. Date: Date: x''9//3' / Date: Daniel Derenda, Commissioner of Police Buffalo Police Department FI t, Hambur Rod d Gun Club BPD Legal Counsel Permission to Enter Into Shotgun Training Agreement (Police) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated June 2, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to enter into a Shotgun Training Agreement with the Hamburg Rod and Gun Club allowing Buffalo Police to utilize their outdoor facility for shotgun training as the Buffalo Police cannot utilizes its indoor range for this type of police firearms training; and that the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to provide $4.00 per officer as compensation for the use of this range which will be charged to the Operating Training Budget within the Buffalo Police Department. PASSED AYES — 9 NOES -0 CAUsers\ clehner \ AppDaMEocahMierosoft \Windows \Temporary Internet FilesTontentOutlookUSNILCIH5Temlission to Enter Into Agreement -Shotgun Training.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ 1* * * [ MAJ - 5 ] * 9 * 0 [ 2/3 - 6 ] * * * [3/4 - 7] 43 (Rev 08-15) 01324 Certificate of Appointment In compliance with provisions of Section 24.2 0l the Charter and Chapter 35.1 of the Ordlnancee of the City of Buffalo, I tranemit this certllicallon of appolntmenl(s) or promollon(a). I funh'ercertify That the person(a) named In Schedule' A' have been certified or approved by the Human Resources /CIvl1 Service Administration for the following: Appointment Effective: In the Department of: Division of: to the position of: (Insert One): (insert One): (Insert One) at the: Starting Salary: Schedule "A" May 23, 2010 Police Patrol Police Captain Temporary Promotion Flat $ 92,271 LAST JOB TITLE Permanent Lieutenant LAST DEPARTMENT Police DATE 1014 LAST SALARY $81,343 LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ LAST 4 DIGITS OF SSN#: 7103 DATE LAST 4 DIGITS OF SSN#: DATE LAST 4 DIGITS OF SSN#: NAME Alphonso Wright ADDRESS ' 75 Courtland Ave - Lwr CITY & ZIP Buffalo, NY 14215 NAME ADDRESS CITY & Z(P NAME ADDRESS CITY & ZIP LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ DATE LAST 4 DIGITS OF SSN#: DATE LAST 4 DIGITS OF SSN#: NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE: 120059014110Q1 TITLE CODE NO.: KO BUDGET ACCT. OBJ : 12005001411001 PROJ. ID. PERSONNEL REQ. NO.: 15-285 SALARY RANGE OF POSITION; $92,271.00 • $92,271.00 REASON FOR APPT. ABOVE THE MINIMUM; NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Daniel Derenda Commissioner of Police Mia X1'6201.6 PER: YEARLY ORIGINAL +3 COPIES TO; CITY CLERIC'S OFFICE (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: 1 COPY TO: COMPTROLLER; 1 COPY T0: HUMAN RESOURCES/CIVIL SERVICE ADMINISTRATION; 1 COPY TO: BUDGET OFFICE; 1 COPY TO: DEPARTMENTAL PAYROLL OFFICE; 1 COPY TO: DIVISION; 1 COPY TOr EMPLOYEE(S) #3 (Rev 08-15) 01325 eioNev6 OF .�Ta�� ,44704 Certificate of Appointment. In compliance with provialene of Section 24.2 of the Charter and Chapter 36.1 of the Ordinances of the City of Buffalo, 1 transmit thla cenlficatlon of appointment(e) or p'romotlon(e). I further certify that the pereon(a) named In Schedule' A' have been certified or approved by the Humen Reaourcea /Civil Service Adminletratioh for the lollowIng: Appolnlment Effective: May 23, 2016 in the Department of: Police Division of: Patrol to the position of: Police Lieutenant (Insert One): Permanent (Insert One): Promotion (Insert One) at the: Flat Starting Salary: $ 81,343 Schedule "A" LAST JOB TITLE Contingent Perm. Lt. LAST DEPARTMENT Police DATE 1/28/18 LAST SALARY $81,343 LAST 4 DIGITS OF SSN#: 6676 LAST JOB TITLE . Contingent Perm. Lt. LAST DEPARTMENT Police LAST SALARY $81,343 LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ DATE 1128/18 LAST 4 DIGITS OF SSN#: 3392 DATE LAST 4 DIGITS OF SSN#: DATE LAST 4 DIGITS OF SSN#: NAME Vickie L. Smith ADDRESS 326 Flame Avenue CITY & ZIP Buffalo, NY 14216 NAME Peter C. Nigrelii ADDRESS 180 Bloomfield Avenue CITY & ZIP Buffalo, NY 14220 NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY $ CITY & ZIP LAST 4 DIGITS OF SSN#: REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE: 1200601411QQ1 BUDGET ACCT. OBJ : 12005001411001 PROJ, ID. SALARY RANGE OF POSITION: $81.3 3.00 - $81,343.00 REASON FOR APPT. ABOVE.THE MINIMUM: TITLE CODE NO.: Q PERSONNEL REQ. NO.: 15-26Q PER: YEARLY NAME OF APPOINTING AUTHORITY: Daniel Derende TITLE OF APPOINTING AUTHORITY: Commissioner of Police DATE: May 1f312016 �-�- SIGNATURE OF APPOINTING AUTHORITY:-c-- ORIGINAL+3 COPIES T0: CITY CLERK'S OFFICE (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: 1 COPY TO; COMPTROLLER; 1 COPY T0: HUMAN RESOURCES/CIVIL SERVICE ADMINISTRATION; 1 COPY T0: BUDGET OFFICE; 1 COPY TO: DEPARTMENTAL PAYROLL OFFICE; 1 COPY TO: DIVISION; 1 COPY TO: EMPLOYEE(S) #3 (Rev 08-16) 01326 Certificate of Appointment in compliance with provisions of Suction 24.2 of the Charter and Chapter 38.1 of the Ordinances of the City oI Buffalo, I Iransmll ells certification oI eppofntmenl(e) or. promotion(s), I further certify that the person(e) named In Schedule `A` have been certified or approved by the Human Resources / CMI Service Adminletrallon for the following Appointment Effective: May 23, 2018 In the Department of: Police Division of: Patrol to the position of: Police Lieutenant (Insert One): Contingent Permanent (Insert One): Promotion (Insert One) at the: Flat Starting Salary: $ 81,343 Schedule "A" LAST J013 TITLE Pollce Officer NAME David J. Barczak LAST DEPARTMENT Police DATE 1/25/01 ADDRESS 12 Daley Lane. LAST SALARY . $71,117 CITY & ZIP Orchard Park, NY 14127 LAST 4 DIGITS OF SSN#: 0549 LAST JOB TITLE Detective LAST DEPARTMENT Police LAST SALARY $73,485 DATE 1/6114 LAST 4 DIGITS OF SSN#: 1072 NAME Valerie Stover -Kelly ADDRESS 68 Allenhurst Road CITY & ZIP Buffalo, NY 14214 LAST JOB TITLE Police Officer NAME Michael R. Sullivan LAST DEPARTMENT Police DATE 1/25/01 ADDRESS 3338 Countryside Lane LAST SALARY $71,117 CITY & ZIP Hamburg, NY 14075 LAST 4 DIGITS OF SSN#: 5422 LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ DATE LAST 4 DIGITS OF SSN#: NAME ADDRESS CITY & ZIP LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY $ CITY & ZIP ' LAST 4 DIGITS OF SSN#: REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE: 1294§QQ1411Q01 TITLE CODE NO.: VA BUDGET ACCT. OBJ : 12008001411001. PROJ. ID. PERSONNEL REQ. NO.: 15-208 SALARY RANGE OF POSITION: $$1.343.00 - $01.343.00 PER; YEARLY REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Derenda TITLE OF APPOINTING AUTHORITY: Commissioner of Police DATE: Mav 16. 016 SIGNATURE OF APPOINTING AUTHORITY: ( _ —`� ORIGINAL +3 COPIES TO: OflY CLERK'S OFFICE (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: 1 COPY TO: COMPTROLLER; 1 COPY TO: HUMAN RESOURCES/CIVIL SERVICE ADMINISTRATION; 1 COPY T0: BUDGET OFFICE; 1 COPY TO: DEPARTMENTAL PAYROLL OFFICE; 1 COPY TO: DIVISION; 1 COPY TO: EMPLOYEES) #3 (Rev 08-15) 01327 Certificate of Appointment In compliance with provisions of Seaton 24.2 of the Charter and Chapter 36.1 of the Ordinances of the City of Buffalo, I transmit this cerllgaallon of appalnlinonl(s) or prometion(s): I further certify That the pbrson(s) named In Schedule "A" have been certified or approved by the Human Resources / Civil Service Admlrilstratlon for the following: Appointment Effective: May 23, 2016 In the Department of: Police Division of: Detective Bureau to the position of: Detective (Insert One): Permanent (Insert One): Promotion (Insert One) at the: Flat Starting Salary: $ 73,485. Schedule „A" LAST JOB TITLE Police Officer NAME Eric J. Kross LAST DEPARTMENT Police DATE 1/18/08 ADDRESS 102 Krakow Street LAST SALARY $71,117 CITY & ZIP Buffalo, NY 14206 LAST 4 DIGITS OF SSN#; 0858 LAST JOB TITLE Police Officer LAST DEPARTMENT Police LAST SALARY $71,117 DATE 1/26/01 LAST 4 DIGITS OF SSN#: 6690 LAST JOB TITLE Police Officer LAST DEPARTMENT Police , LAST SALARY $71,117 LAST JOB TITLE Police Officer LAST DEPARTMENT Police LAST SALARY $71,117 DATE 1/18/08 LAST 4 DIGITS OF SSN#: 2800 DATE 1/18/08 LAST 4 DIGITS OF SSN#: 2289 NAME Jeffrey T. Banes ADDRESS 3 Indlan Orchard Place CITY & ZIP Buffalo, NY 14210 NAME Joseph E Pas'zkiawicz ADDRESS 304 Okell Street CITY & ZIP Buffalo, NY 14220 NAME Christopher M. Mordlno ADDRESS 128 Dale Drive CITY & ZIP Tonawanda, NY 14160 LAST JOB TITLE NAME LAST DEPARTMENT . DATE ADDRESS LAST SALARY $ CITY & ZIP LAST 4 DIGITS OF SSN#: REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGETORG, CODE: 120Q5§001411QQ'( BUDGET ACCT. OBJ : 12006001411001 TITLE CODE NO.: 213 PROJ, ID. PERSONNEL REQ. NO.: 16.26 SALARY RANGE OF POSITION: $73.485.00 - $73.485.oD PER: YEARLY REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Derenda TITLE OF APPOINTING AUTHORITY: Commissioner of Police DATE: Mav .16:2016 SIGNATURE OF APPOINTING AUTHORITY: _.... 1 ORIGINAL +3 COPIES TO: CITY CLERK'S OFFICE (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: 1 COPY TO: COMPTROLLER; 1 COPY TO: HUMAN RESOURCES/CIVIL SERVICE ADMINISTRATION; 1 COPY T0: BUDGET OFFICE; 1 COPY TO: DEPARTMENTAL PAYROLL OFFICE;1 COPY TO: DIVISION; 1 COPY 10 EMPLOYEE(S) 9 #3 (Rev 08-15) (.,. NOM/61e DX ....4771-7Z1.5 Certificate of Appointment In compliance wllh provislone of Section 24.2 of the Charter end Chepter 35.1 of the Ordinances of the City of Buffalo, 1 transmit This certification of appointment(e) or promolion(s). I further certify That the person(e) named In Schedule 'A" have been cer111ied or approved by the Human Resources / CMI Service Administration for the following: Appointment Effective: May 23, 2018 In the Department of: Police Division of: Detective Bureau to the position of: Detective (Insert One): Permanent (Insert One): Promotion (Insert One) at the: Flat Starting Salary: $ 73,485 Schedule "A" LAST JOB TITLE Contingent Perm. Det. NAME Anthony O. Shea LAST DEPARTMENT Police DATE 1/28/18 ADDRESS 19 Susan Lane LAST SALARY $73,485 CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN#; 8825 LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ DATE LAST 4 DIGITS OF SSN#: DATE LAST 4 DIGITS OF SSN#: DATE • LAST 4 DIGITS OF SSN#: DATE LAST 4 DIGITS OF SSN#: NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP ' NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET OR13, CODE: 1202?44)411991 TITLE CODE NO.: 2137 BUDGET ACCT. OBJ : 12005001411001 PROJ. ID. PERSONNEL REQ. NO.: 15.28 'J .A.?) SALARY RANGE OF POSITION: $73,485.00 - $73.485.00 PER: YEARLY REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Derenda TITLE OF APPOINTING AUTHORITY: Commissioner. of Police DATE: Mav-1 .20)1.6 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL +3 COPIES TOr CITY CLERK'S OFFICE (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: 1 COPY TO: COMPTROLLER; 1 COPY TO: HUMAN RESOURCES/CIVIL SERVICE ADMINISTRATION; 1 COPY TO: BUDGET OFFICE; 1 COPY TO: DEPARTMENTAL PAYROLL OFFICE: 1 COPY TO: DIVISION; 1 COPY TO: EMPLOYEE(S) #3 (Rev 08-15) 01.328 Certificate of Appointment In compliance with provisions of Soden 24-2 of the Charter and Chapter 35-1 of the Ordinances of the Oily of Buffalo, I trenemll this cerlllicallon of appalntmenl(s) or promotlon(s). I further certify Ilial the poreon(e) named In Schedule W have been certified or approved by the Human Resources 1 CAI Service Administration for the following: Appointment Effective: In the Department of: Division of: to the position of: (Insert One): (Insert One): (Insert One) at the: Starting Salary: Schedule "A" LAST.JOB TITLE LAST DEPARTMENT LAST SALARY $ LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ May 31, 2016 Police Building Maintenance Laborer 11 Permanent Appointment Second Step (of 7 Step) $ 23,663.00 DATE LAST 4 DIGITS OF SSN#: DATE LAST 4 DIGITS OF SSN#: DATE LAST 4 DIGITS OF SSN#: DATE LAST 4 DIGITS OF SSN#: DATE LAST 4 DIGITS OF SSN#: REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE: 12024001411401 TITLE CODE NO.: 9622 BUDGET ACCT. OBJ : 12024001411001 PROJ. ID. PERSONNEL REQ. NO,: 15-230 NAME Felice Gordon -Reed ADDRESS 36 Freeman Street CITY & ZIP Buffalo, NY 14216 NAME ,ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP SALARY RANGE OF POSITION: $23,653.00 - $34,139,00 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING AUTHORITY: DATE: • SIGNATURE OF APPOINTING AUTHORITY: PER: YEARLY Daniel Derenda Commissioner of Police May 31. 2016 rc/ 1 _- ORIGINAL +3 COPIES TO: CITY CLERK'S OFFICE (ON/BEFORE APPOINTMENT DATE) OTHER COPIES 70: 1 COPY TO: COMPTROLLER; 1 COPY TO: HUMAN RESOURCES/CIVIL SERVICE ADMINISTRATION; 1 COPY TO: BUDGET OFFICE; 1 COPY 70: DEPARTMENTAL PAYROLL OFFICE: 1 COPY T0: DIVISION; 1 COPY 70: EMPLOYEE(S) 1 1 .I FROM THE CORPORATION COUNSEL. June 7, 2016 01329 CLAIMS COMMITTEE AGENDA June 15, 2016 Council Chambers Hon. Joel P. Feroleto, Chairman Personal Injury A. I. Cornell, Jasmine $ 3,000.00 A. 2. , Oviedo, Abel $ 42,000.00 A. 3. Tripi, Anthony $ 2,500.00 A. 4. Williams, Carl $ 6,250.00 A. 5. Wilson, Lori $ 70,000.00 Property Damaee B. 1. Coyle, John J. $ 1,500.00 B. 2. Hayden, Brian $ 250.00 B. 3. Makula, Dorothy and Stephan $ 791.70 B. 4. Travelers Home and Marine Insurance Company $ 21,745.20 Prior Fiscal Year Invoices C. 1. ACR of WNY $ 744.00 C. 2. Bison Elevator $ 6,613.35 C. 3. Buffalo Civic Auto Ramps, Inc. $ 41,484.48 C. 4. Buffalo Small Animal Hospital $ 5,250.00 C 5. Colgate Industries $ 252,751.21 C. 6. Connors & Vilardo, LLP $ 7,341.30 C. 7. Deborah Delelys $ 200.00 C. 8. D.V. Brown & Associates $ 4,504.82 C. 9. Douglas J. Bantle $ 805.68 C. 10. Esquire Solutions $ 1,248.92 C. 11. HealthPort $ 23.03 C. 12. International Institute of Buffalo $ 100.00 C. 13. Jack W. Hunt & Associates $ 1,268.80 C. 14. Krista Gottlieb, Esq. $ 910.00 C. 15. Kurk Fuel Company $ 406.30 C. 16. Michael Menard, Esq. $ 150.00 C. 17. Riccelli Enterprises $ 27,500.00 C. 18. Riverside Towing $ 8,575.00 C. 19. Safety Kleen Systems, Inc. $ 3,693.00 C. 20. Simplex Grinnell $ 3,846.35 C. 21. Streamhoster $ 1,200.00 C. 22. Law Offices of Thomas H. Burton $ 820.00 C. 23. UB Neurosurgery $ 197.94 C. 24. U & S Services Inc. $ 1,080.00 C. 25. Verizon Wireless $ 120.02 C. 26. Watts Architecture & Engineering $ 2,163.75 5\ D. 1. Dig Safely NY D. 2. Large Kar Leasing, LLC I D. 3. Luciano, Nelson Miscellaneous For Discussion 7,910.00 15,891.60 1,300.00 E. 1. Byrd, Demetrius 188.75 E. 2. Heitzhaus, Paul 750.00 E. 3. Senger, Martin 364.47 REFERRED TO THE COMMITTEE ON CLAIMS. City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1330 PASSED June 7, 2016 Immediate Consideration of Two Prior Fiscal Year Matters Gerald A Chwalinski City Clerk PPROVED JUN 1 5 2016 Z 01330 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 7, 2016 FROM: THE LAW DEPARTMENT SUBJECT: Immediate Consideration of Two Prior Fiscal Year Matters PRIOR COUNCIL REFERENCE: (IF ANY) None Because of unique circumstances, the Law Department is requesting expedited approval of the following two matters from the Prior Fiscal Year. The first is for PULSE Occupational Services, which provides physicals for Buffalo Firefighters. During a dispute over contract interpretation, physicals were performed during the prior fiscal year, but not yet paid for, resulting in an outstanding balance of $143,683.00. In order to ensure ongoing and uninterrupted services, the Law Department is requesting immediate approval of payment to PULSE Occupational Services in the amount of $143,683.00 from Account #17221008-480205. The second is for a series of invoices related to longstanding litigation that was handled by the Hodgson Russ firm. Prior invoices were negotiated to secure savings for the City for services rendered during times of extensive and time intensive appellate work undertaken over a two and a half year period. The original invoices totaled $253,792.48 and have been negotiated down to $187,458.68 by the City Law Department. These protracted and successful negotiations resulted in a savings of $66,333.80, or more than 25% of the original amount owed. In order to accommodate accounting regulations at the firm, considering the age of some of the invoices, we respectfully request immediate approval of payment to Hodgson Russ, LLP in the amount of $187,458.68 from Account #17221008-480205. Thank you to your Honorable Body for your attention to these matters. DEPARTMENT HEAD NAME: Timothy A. Ball TITLE: Corporation Counsel CC SIGNATURE OF DEPARTMENT HEAD: ��, /t C?j " - - '4 Mr. Rivera moved: Prior Fiscal Year Invoices (Law) That the above item be, and the above communication from the Department of Law, Office of the Corporation Counsel, dated June 7, 2016, be received and filed; and That the Common Council hereby authorizes payment of the following two matters from the Prior Fiscal Year: • PULSE Occupational Services, which provides physicals for Buffalo Firefighters, in the amount of $143,683.00, from Account #17221008-480205. • Hodgson Russ, LLP, for a series of invoices related to longstanding litigation, in the amount of $187,458.68, from Account #17221008-480205. PASSED AYES 9, NOES 0 ,b0 CAUaenWucimkiWppDete\Local \Microeof Windows\Temporary Internet FdnlCmM1m40utlook\0X3]QVWSPrior FY invoico.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] *AYE* NO * * * * FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES June 7, 2016 01331 #1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: May 26, 2016 From: Denartment of Economic Develonment. Permit & Inspection Services Division: Office of Licenses 1 Tyne in Upper and Subject: [: [: [: I Lower Case Only I [: Prior Council Reference: (If Any) Ext. (Item No. xxx. C.C.P. xx/xx/xx): Text (Tyne Single Snace Below): [: Property Manager License NORMAN SCOTT PETERS 266 ELMWOOD AVE (PMA16-10027864) P\ Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a PROPERTY MANAGEMENT LICENSE for NORMAN SCOTT PETERS (CAROUSEL DEVELOPMENT CORP) and find that as to form is correct. I will caused an investigation into the application 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 NORMAN SCOTT PETERS, the attached thereto for. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. Type Department Head Naine: JAMES COMERFORD� Type Title: COMMI ICl'NER Signature of Department Head: `.1 C" JC:PS:jd Interdepartmental Memo Date: May 26, 2016 To: James Comerford, Interim Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication PROPERTY MANAGEMENT LICENSE Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Property Management License application to the Common Council: Application ist of Managed Properties ❑ Law Department ❑ Police Department Police Record Check Director of Permits & Inspection Service Date CITY OF BUFFALO PROPERTY MANAGEMENT LICENSE APPLICATION Y-‘7) Initial Fee/Renewal Fee $75. An license fees are non-refundable. The license expires each year on November 30th Issuance of City of Buffalo Property Manager's License in no way pre-empts any requirements of any State or Federal rules, regulations and/or laws, Individuals who. engage-in.the-property management of three -(3) or more rental units in the.City of Buffalo must. obtain.a. Property Management License per City Ordinance Chapter 265. Property Management includes but not limited to • advertising or soliciting of apartments or rental units for rent .• tenant review -and screening •collecting and/or oversight of rental profits • conducting and/or arranging general repairs and maintenance of residential properties in Buffalo. Corporations, LLCs, or partnerships must attach a list of ALL officers, members, and partners with contact information. Applicant Name ` •. Applicant pho e trW- �a --) fit - c-' S • 1l_r) lv\O3 Applicant Address \ 1-- \ \ C, r-)61 P' L-C..nCaSA'C--s 41)c State Zip \'.- Business hone CoLsrk 1vJoprn9nop -i ( 1 (0( b3 Business Address State Zip &off cimuJofyl F S lr �1 1 NO YES: Answer each of the followingquestions. 9 .21 0 A. Have you been found guilty of any crime or offense, criminal or civil? �,❑' 0 B. Is there a criminal or civil charge pending against you? j2r❑ C. Are there existing and/or pending City of Buffalo Housing Court proceedings against properties you own/owned and/or manage/managed in the City of Buffalo? . Is there an open claim against you or your company left unsatisfied? . Do you have employees? Will you be performing general repairs and maintenance of properties in the City of Buffalo? . Will you be performing landscape/snow removal services? D 'l\ -2 . Business Name Attach Sunnorting Documentation with anplication 1.,/ Government -issued Identification Card of applicant 2. Utility bill of the applicants(s) home address 3. ✓Police background check obtained at Buffalo Police Department Headquarters 74 Franklin St. 4. vGeneral Liability Insurance in Certificate form with 301 City Hall Buffalo NY 14202 as certificate holder 5. If you answered YES to E, submit Workers' Compensation Insurance, 301 City Hall Buffalo NY 14202 must be certificate holder. Acceptable forms of proof of Workers' Compensation Insurance: C105.2, U-26.3, SI -12, GSI -105.2. Contact your insurance carrier to obtain one of these forms. 6. If you answered NO to E, Certificate of Attestation of Exemption from NYS Workers' Compensation Coverage (CE -200). This form is obtained online at http://www.wcb.ny.gov. 7. If you are requesting a waiver of the City of Buffalo License fee attach copy of one the following licenses: New York State Real Broker, New York State Associate Real Estate Broker, or Real Estate Salespersons. 8. Provide a list of properties you or your company will be managing in the City of Buffalo. Include Property address, Total Number of Units per property, and Property Owner (whether owned by an individual or a corporation). Update this list with our Office each time you add or remove properties. 9. COMMON COUNCIL REQ Signature: -..-,-....,,--.N:,%-,„,.. �� „,.. '•`"�• Date \\ rAVAS . NOTE: False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law. SWORN BEFORE ME THIS 20. 6 Commissioner of deeds or notary public Mail application with fee and supporting documentation to: Office of Licenses 65 Niagara Square Room 301 Buffalo, NY 14202 For questions, please call us 716.851.4078 k P-147C,(REV. 3/96) APPLICATION RELEASE FORM TO BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 U !ALU PF , OLICE u . ,RT 1EHT 2416 FEB -2 .Ii I`I: ?: There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of his application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: \\j{rylm.,,\ 3� MAIDEN NAME: SEX: CURRENT ADDRESS: DATE OF BIRTH: SOCIAL SECURITY NUMBER: REASON FOR REQUEST: STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO ) On the Executed the foregoing instrument and acknowledged the executions thereof. v • RACE: (1)4V(AyIi SIGNATUROF APPLICANT: DATE: Day of = V) A 20 1 L€ Before me personally appeared To me known to be the same pe *********************TO BE RECORD ATTACHED SAW, NY POLICE DEPT. RECORD ATTACHED NO RECORD ON FILE "Notary Public/C6mmissioner of Deeds on described in, and who COMPLETED BY IDENTIFICATION SECTION PERSO �l VERIFIED BY: DATE VERIFIED : V i `) ) \Lb ********************** NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. BUFFALO POLICE DEPARTMENT CRIMINAL -INVESTIGATION REPORT DATE OF INQUIRY: 02/02/2016 11:47:3 THE FOLLOWING REPORT IS NOT BASED ON FINGERPRINT IDENTIFICATION AND INCLUDES ONLY ERIE COUNTY ARRESTS. NAME: PETERS, NORMAN S DATE OF BIRTH: 4. __. _ _ ADDRESS: 5440 BROADWAY LANCASTER, NY LANCASTER, NY SOCIAL SECURITY #: PCN: BOOKING/ALIAS NAMES: PETERS, NORMAN S WARRANT/WANT INQUIRY - REFER TO NYSID: THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. RACE: UnknownSEX: M WARRANT #: USE OF THIS INFORMATION IS REGULATED BY LAW. THE INFORMATION SUPPLIED HEREWITH IS A SUMMARY OF INFORMATION RECEIVED FROM LAW ENFORCEMENT AGENCIES WITHIN ERIE COUNTY. ARREST DATE REFERENCING AGENCY CHARGE DISPOSITION 12/28/1995 VILLAGE OF LANCASTER POLICE DE VTL 0511 01A REFER TO: VILLAGE OF LANCASTER POLICE DEPT VTL 0319 01 REFER TO: VILLAGE OF LANCASTER POLICE DEPT VTL 0402 04 REFER TO: VILLAGE OF LANCASTER POLICE DEPT VTL 0512 REFER TO: VILLAGE OF LANCASTER POLICE DEPT VTL 0375 02A REFER TO: VILLAGE OF LANCASTER POLICE DEPT NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAGE: 1 CERTIFICATE OF LIABILITY INSURANCE CAROU-1 Oij'!D: IAC DATE (MMIDD/YYYY) 02/02/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW;. ,THISCERTIFICATE OF INSURANCE DOES NOT. CONSTn'UTE,A-CTR ONACT .BETWEEN_ THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poticy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the 1 certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME: ACT James P. Braniecki, Sr. James P. Braniecki Agency Inc. PHONE FAx 5707 Main Street (A/c,No, Ext): 716-633-7666 (A/c, No): Williamsville, NY 14221 E-MAIL James P. Braniecki, Sr. ADDRESS: INSURED Carousel Developenment, Corp. c/o Mary Jo Anderson 266 Elmwood Ave. PMB117 Buffalo, NY 14222 INSURERS) AFFORDING COVERAGE INSURER A :ALLEGANY CO-OP INSURANCE CO INSURER 8 : INSURER C •: INSURER D : INSURER E : INSURER F : NAIC t COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: mils IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR' - -- -- --- TYPE OF INSURANCE - -- --- --iNSR (SUER',---- -----------. �. -- —._ ..- POLICY EFF ' POLICY EXP `"---- -- — - --- --- -- -- ILT ADDL Mr> i POLICY NUMBER IMM/DO/YYYY) ' IMM/DD/YYYY) ; LIMITS ' GENERAL LIABILITY I EACH OCCURRENJE ' S A X COMMERCIAL GENERAL LIABILITY iCPP1400001418 12/06/2015 12/O6/2016 PREM SES Pa o ru 0 nce) ' CLAIMS -MADE X OCCUR ; MED EXP (Any one person) S 5,000 PERSONAL & ADV INJURY S 1,000,000 . GENERAL AGGREGATE ,$ 2,000,000 PRODUCTS - COMP/OP AGG . 8 2,000,000 1,000,000 GENT AGGREGATE LIMIT APPLIES PER t,RO1.00 POLICY .Ir -C7 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA LIAB EXCESS LIAB 'SCHEDULED nUros NON -OWNED AU FOS OCCUR CLAIMS -MADE. . DED . RETENTIONS - WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPEtETORiPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I;NIA (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS below COMBINED SINGLE LIMIT (Ea accident; j BODILY INJURY (Per person) $ ' BODILY INJURY (Per accident) ; $ PROPERTY DAMAGE (PER ACCIDENT/_ $ EACH OCCURRENCE S AGGREGATE S S WC STATU- OTIi- -_-_ITORY LIMITS' ; ER' E.L. EACH ACCIDENT 8 E L DISEASE - EA EMPLOYEE' $ E.L. DISEASE - POt.ICY LIMIT . S ' DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) CERTIFICATE HOLDER City of Buffalo 301 City Hall Buffalo, NY 14202 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE James P. Braniecki, Sr. © 1988.2010 ACORD 25 (2010/05) The ACORD name and logo are registered marks of A allitkevt CORPORATIO All rights reS'erved. ORD STATE OF NEW YORK WORKERS' COMPENSATION BOARD CERTIFICATE OF NYS WORKERS' COMPENSATION INSURANCE COVERAGE a: Legal Meme &'Address Of Insured (Use street address only). - Carousel Devlopment Corp. 266 Elmwood Avenue PMB117 Buffalo, NY 14222 lb. Business Telephone Number of Insured 716-551-6101 le. NYS Unemployment Insurance Employer Registration Number of Insured Work Location of Insured (Only required if coverage is specifically ld. Federal Employer Identification Number of Insured limited to certain locations in New York State, 1.e., a Wrap -Up or Social Security Number Policy) 830431409 2. Nance and Address of the Entity Requesting Proof of Coverage (Entity Being Listed as the Certificate Holder) City of Buffalo 301 City Hall Buffalo, NY 14202 3a. Name of Insurance Carrier Main Street America Group 3b. Policy Number of entity listed in box "la" WCU8879K 3c. Policy effective period 8/13/15 to 8/13/16 3d. The Proprietor, Partners or Executive Officers are U included. (Duly check box if all partners/officers included) all excluded or certain partners/officers excluded. This certifies that the insurance carrier indicated above in box "3" insures the business referenced above in box " Ia" for workers' compensation under the New York State Workers' Compensation Law. (To use this form, New York (NY) must be listed under Item 3A on the INFORMATION PAGE of the workers' compensation insurance policy). The Insurance Carrier or its licensed agent will send this Certificate of Insurance to the entity listed above as the certificate holder in box "2". The Insurance Carrier will also notify the above certificate holder within 10 days IF a policy is canceled due to nonpayment of premiums or within 30 clays IF there are reasons other than nonpayment of premiums that cancel the policy or eliminate the insured from the coverage indicated on this Certificate. (These notices may he sent by regular snail ;) Otherwise, this Certificate is valid for one year after ti:this,form is approved by the insurance carrier or its licensed agent, or until the policy expiration date listed in box "3c", whichever is earlier. Please Note: 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 n 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, 1 certify that I am an authorized representative or licensed agent of the insurance carrier referenced above and that the named insured has the coverage as depicted on this forth. Approved by: Ji mes P . B Approved by: Title: Pres:_dent ki Agency, Inc. (Print ir orized represent ve or licensed agent of insurance carrier) _ - o- 2/2/16 { (Signature) ° (Date) Telephone Number of authorized representative or licensed agent of insurance carrier: 716— 6 3 3 — 7 6 6 6 Please Note: Only insurance carriers and their licensed agents are authorized to issue Forin 0-105.2. Insurance brokers are NOT authorised to issue it. 0-105.2 (9-07) www.wcb,state.ny.us Carousel Development - 266 Elmwood Ave, #117 Buffalo, NY 14222 Properties: Address Units Owned by Carousel Development Corporation 257 Carolina St, Buffalo, NY 14201-2109 5 448 Amherst St, Buffalo, NY 14207-2844 5 215 W Tupper St, Buffalo, NY 14201-2159 2. 439 Vermont St, Buffalo, NY 14213-2637 2 49 Ripley P1, Buffalo, NY 14213-2639 2 Owned by Stifle -Coy Homes, LLC (subsidiary of Carousel Development) 1510 Hertel Ave, Buffalo, NY 14216-2836 1 171 W Tupper St, Buffalo, NY 14201-2159 1 330 Maryland St, Buffalo, NY 14201-2017 2 Owned by Disco2 New York, LLC (subsidiary of Carousel Development) 1263 E Lovejoy St, Buffalo, NY 14206-1217 3 18 Goethe St, Buffalo, NY 14206-1418 3 1899 Seneca St, Buffalo, NY 14210-1841 2 191 Weimar St, Buffalo, NY 14206-3252 2 208 Weimar St, Buffalo, NY 14206-3253 2 238 Benzinger,St, Buffalo, NY 14206-1119 2 48 Moreland St, Buffalo, NY 14206-1014 2 98 Bogardus St, Buffalo, NY 14206-1304 2 01332 #1 (Rev. 1/93) Single Paae Communication to the Common Council To: The Common Council: Date: May 27, 2016 From: Department of Economic Development, Permit & Inspection Services Division: Subject: !Type in Upper and 1 Lower Case Only Prior Council Reference: (If Any) Ext. (Item No. xxx. C.C.P. xx/xx/xxl: Text (Tune Single Space Below): Office of Licenses [: Tire Handler/Repair Shop [: 1869 Seneca St (SOUTH) [: (THR16-10027578) [: (FPC16-10027579) Pursuant to Chapter 263 & 186 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Tire Handler & Repair Shop located 1869 Seneca St. and find that as to form is correct. I have caused an investigation into the premises for which said application for Tire Handler & Repair Shop license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of IYAD MUSTAFA. The attached thereto for IYAD MUSTAFA /dba/ ESSAWI TIRES LLC. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD '1 Type Title: COMMIISSSI 1 �ICJt Signature of Department Head: JC:PS:jad REFERRED TO THE COMMITTEE ON LEGISLATION. a,s` Interdepartmental Memo Date: May 27, 2016 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Tire Handler & Repair Shop at 1869 Seneca Per City of Buffalo Ordinance Chapter 263 & 186, the following is a check list of requirements for Tire Handler & Repair Shop application to the Common Council: Application Application Notification Building Inspection Fire Department Police Department Police Record Check Director Permit & Inspection Services J Date CITY OF BUFFALO 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (715) 851-4078 Fax "(716) 851-4952 es( cief Lig All informanon on this form is public record BUSINESS LICENSE APPLICATION -(02\ fee 0 Used Car Dealer $262.50 COMMON COUNCIL REQUIRED 0 Second Hand Dealer $118.00 COMMON COUNCIL REQUIRED 0 Scrap Processor $ 78.75 COMMON COUNCIL REQUIRED 0 Wholesale Junk Dealer $262.50 COMMON COUNCIL REQUIRED Corporation Name Business Name (dba) Business Address (no PO Box) pC Cnn (Y Mailing Address (if different) NYS Tax ID # Owner(s)/ Principal Partners Applicant (last, first) C; fee Tire Handler I $118.00 10 -1000 tires *Tire Handler II $262.50 Include NYS Environmental Conservation Law Part 360; Storage plan and General Liability Insurance at least $50,000 both for personal injury and property damage, must contain 10 day cancellation clause with the certificate holder as City of Buffalo, Office of Licenses Room 301, Buffalo NY 14202 Business Website Home Address: (PO Box not acceptable) Date of birth Co -Applicant (last, first) Horne Address: (PO Box not acceptable) Date of birth 0-03 Place of Birth Place of Birth .Describe your specific business activity in detail. ,5'r70/7 Sub this • d and 1.1 01 Lat 11110111 1,11111, Itt to bef re me 20t Commissioner of or the City of Buffalo, Nei. York Tire Storage Information Inside Storage no Outside Storage yes 0 Flee Market fee 1-10 tables $ 78.75 11-25 tables $155.00 +26 tables $210.00 COMMON COUNCIL REQUIRED Business Phone (1/(,)/1/(2 Business Fax ( ) - S .-•NA 4--(;'-‘ 6/2) E -Mail e Lc) I -I rc s Home Phone S30,,Qc.'ckV.) 4 /(-/A VTan_ Horne 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. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. Print Name I/i() 44,CC.\, Signature Date City o Buffalo - Fire Prevention Code License Application 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 PhOric..(71.5).85.1,4078......Fa.L(71.6)..851,4952 FIRE PREVENTION CODE LICENSE APPLICATION Business Name (dha) '—e55 LL_C Business Street Address: J SP—el e ca.- 3 r Business Mailing Address: _ NYS Tax ID #14/-559 TAP a- Business Website E -Mail Address: Owner of Business (last, first) _ M US4-4 kied Home Phone Home Address: (Pe Box not acceptable) 2.Or BOln C,N Owner of Building (last, first) \far) Pthwva Home Phone Home Address: (PO Box not acceptable) 14/1 Cli/14,)01 ( 6 0 f7.4c, v Applicant will be billed upon approval of all inspections. am aware of the obligation to provide tinily notice of any changes in required information, and 1 have informed all owners; managers, or 'other principals of their criminal and/or civic responsibility for.the timely fulfillment of all restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified'above, I.certify the information prcvided on this form is true, correct, complete and current to the best of iny knowledge and belief. miffiimess Phone: ( ) S ubscrib t t gr 14A4111 Co missioner of the City of B d befsenie 0 in and for NY Author ked.Si griature ' To be completed bv Authorized Personnel El Combustible fibers o Combustible materials El Hazardous chemicals o Service station, private El Welding; cutting; storage; distribution gases ID Liquefied petroleum gas - over 300 lb El Repair garage (under 3,000 sq ft) o Repair garage (over 3,000 sq ft) O Dry cleaners - retail ID Service station, retail # nozzles El Storage warehouse # barrels El Wholesale bulk dealer - gallonage O Wholesale package dealer gallonage _ o Retail package dealer - gallonage 0 Approved 0 Disapproved • Chief, Bureau of Fire Protection Date El Dust producing businesses o Explosives; blasting agents El Lumberyard; woodworking plant ID Indoor storage garage no repair O Compressed gases El Applying flammable finishes O Bowling establishment El Dry: cleaners — wholesale El Calcium carbide acetylene generators # o Fire extinguishers # ID Manufacturer - total gallonage 0 Approved 0 Disapproved Company Officer Date 'I r5ate TO BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 APPLICATION RELEASE FORM There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self- addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these Instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: lard /L'l.,C't ate MO SEX: l?�O I CURRENT ADDRESS: 2ez bbli)vlif5ir I' DATE OF BIRTH: SOCIAL SECURITY NUMBER: _ 4 �v •� REASON FOR REQUEST:. � _l I f w , / I Ic(n$ c STATE OF NEW YORK) COUNTY OF ERIE) S5. CITY OF BUFFALO ) On the ¥\ I Day of "ArtA rk( 20 i to Before me personally appeared acknowledg4d the executions thereof. MADIEN NAME: :fib() RACE: Q.2 V33 SIGNATURE OFAPPUCANT: DATE: • 027 /O/! o�•_ To me know to be the same person described in, and who Executed the foregoing instrument and aUFFALO, NY POLICE DEPT. NO RECQRD .....----""*"sss*s«**"*"."TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL I***i7k*""P****""*"*" fi*l*i* **T Notary Public/Commissioner of De ds ❑RECORD ATTACHED NRECORD ON FILE VERIFIED BY: DATE VERIFIED: 2 - NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. BUFFALO POLICE DEPARTMENT CRIMINAL BACKGROUND REPORT DATE OF INQUIRY: 02/11/2016 14:24: NOTE; THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS REPORT. NAME: MUSTAFA, IYAD DATE OF BIRTH:* RACE: SEX: ADDRESS: , SOCIAL SECURITY #: PCN: WSW: WARRANT/WANT INQUIRY - REFER TO WARRANT THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE USE OF THIS INFORMATION IS REGULATED BY LAW. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND/OR FEDERAL RECORD DATA FILES. ADDITIONALLY, THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY. NO RECORD BUFFALO POLICE DEPARTMENT NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. • IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAGE: 1 . • O. City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1333 PASSED June 7, 2016 Used Car Dealer -1474 Genesee (Fill) Gerald A Chwalinski City Clerk P ROVED JUN 1 5 2016 '0 01333 #1 (R,ev. 1/93) Single Paae Communication to the Common Council To: The Common Council: Date: May 31, 2016 From: Department of Economic Development. Permit & Inspection Services Division: Office of Licenses 1 Tvpe in Upper and( Subject: [: Used Car Dealer [: 1474 GENESEE (FILLMORE) [: UCD15-10027054 1 Lower Case Only 1 [: Prior Council Reference: (If Any) Ext. (Item No. xxx. C.C.P. xx/xx/xx): Text (Type Single Space Below): [: Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 1474 GENESEE and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of HAMZA HAMOUDI. The attached thereto for HAMZA HAMOUDI /dba/ PROFESSIONAL AUTO REPAIR. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD aL -1 Type Title: COMMISSIONER Signature of Department Head: JC:PS:jad 3� Interdepartmental Memo Date: May 31, 2016 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Used Car Dealer at 1474 Genesee Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Used Car Dealer application to the Common Council: Application Application Notification U Building Inspection U Fire Department U Police Department Police Record Check Director Permit & Inspect n Services 4749 Dlte CITY OF BUFFALO 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (715) 851-4078 Fax (716) 851-4952 All information on this form is public record BUSINESS LICENSE APPLICATION fee fee Used Car Dealer $262.50 0 Tire Handler 1 SI 18.00 10 -1000 tires 0 Second Hand Dealer $118.00 0 Scrap Processor $ 78.75 0 Wholesale Junk Dealer $262.50 O Tire Handler II $262.50 Include NYS Environmental Conservation Law Part 360; Storage plan and General Liability Insurance at least $50,000 both for personal injury and property damage, must contain 10 day cancellation clause with the certificate holder as City of Buffalo, Office of Licenses Room 301, Buffalo NY 14202 Corporation Name HAMZA HAMOUDI Business Name (dba) PROFESSIONAL AUTO REPAIR Business Address (nem Box) 1474 GENESEE ST, BUFFALO, NY 14211 Mailing Address (if different) NYS Tax ID if 80-0431678 Business Website Owner(s)/ Principal Partners Applicant (last, first) HAMZA HAMOUDI Horne Address: (PO Box not acceptable) Date of birth 01/01/1990 Place of Birth Pakistan 1. (5D2 --O. Tire Storage Information Inside Storage yes no Outside Storage yes no 0 Flee Market 1-10 tables 11-25 tables +26 tables fee $ 78.75 $155.00 $210.00 Business Phone 716)939-( 9550 Business Fax ( ) - E -Mail Home Phone 3140 KRUEGER AVE, N. TONAWANDA, NY 14120 Co -Applicant (last, first) Home Address: (P0 Box not acceptable) Date of birth Place of Birth Home Phone Describe your specific business activity in detail. AUTO SHOP USED CAR DEALER Subssebed and swo thisil.4fldav o Deedsinn City of Buffalo, New 716 939 9550 I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified above. I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. Print Name Signature HAMZA HAMOUDI Date 05/05/2015 APPLICANT NOTIFICATION A IAL_Applications/Applicants requiring Council -Approral MUSI. contaci the applicable District Councilmember listed below prior to the application being considered for Approval. DELAWARE DISTRICT ELLICOTT DISTRICT - ORE DISTRICT - LOVEJOY DISTRICT - MASTEN DISTRICT - NIAGARA DISTRICT NORTH DISTRICT - SOUTH DISTRICT - UNIVERSITY DISTRICT - Michael J. LoCurto 1405 City Hall Darius G. Pridgen 1315 City Hall David A. Franczyk 1408 City Hall Richard A. Fontana 1316-A City Hall Demone A. Smith 1414 City Hall David A. Rivera 1504 City Hall Joseph Golombek Jr. 1502 City Hall Christopher P. Scanlon 1401 City Hall Rasheed N.C. Wyatt 1508 City Hall Applicant Signature 7 • UM"Y g" UI1IUIIUUUIII111111 aff 31701 301333423 13 1: I P -147C (REV. 3/96) TO BE MAILED TO: . . . . Buffalo Police Departtnent identification Section 21115 Ilf\Y 26 PH 8. I I 74 Franklin Street Buffalo, New York 14202 There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of his application. Without total compliance to these instructions, you WILL NOT receive the requested information. APPLICATION RELEASE FORM • • , 1 . • • • ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: ; "1 C -N, 2010V-CIAJ.(1 SEX: trki ( CURRENT ADDRESS: ,7 lq 0 DATE OF BIRTH: SOCIAL SECURITY NUMBER: REASON FOR REQUEST: STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUF ALO On the r. MA-MEN-NAM:Et— 4) RACE: • aff,—,‹. e. t,00 tJS ) e SIGNATURE OF APPLICANT: DATE: < Day of 1 ) C;,.\(y-r 20 "Th Before me personally appeared To me known to he the same perm Executed the g instrument and acknowledged the executioi thereof. *********************TO BE COMPLETED BY IDENTIF 'RECORD ATTACHED Ck UCE DEPT RECORD ATTACK% NO RECORD ON FILE VERIFIED BY: DATE VERIFIED: /Notary Public/Comm io 1er Of Deeds TION SECTIONT 'RSONNEL *********************** NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. BUFFALO POLICE DEPARTMENT CRIMINAL BACI Ci OUNL..REPORT DATE OF INQUIRY: 05/26/2015 13:21 NOTE: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS REPORT. NAME: HAMOUDI, HAMZA DATE OF BMW RACE:White SEX: M ADDRISS:601 W UTICA BUFFALO, NY 14207 BUFFALO, NY 14207 SOCIAL SECURITY #: PCN: a NYSID: BOOKING/ALIAS NAMES: HAMOUDI, HAMZA WARRANT/WANT INQUIRY - REFER TO WARRANT #: THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. USE OF THIS INFORMATION IS REGULATED BY LAW. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND/OR FEDERAL RECORD DATA FILES. ADDITIONALLY, THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY. ARREST DATE REFERENCING AGENCY CHARGE DISPOSITION 1/261' BUFFALO POLICE DEPARTMENT PL 145.05 REFER TO: BUFFALO POLICE DEPARTMENT 02/15/2009 BUFFALO POLICE DEPARTMENT PL 195.05 REFER TO: BUFFALO POLICE DEPARTMENT PL 190.25 01 REFER TO: BUFFALO POLICE DEPARTMENT VTL 1172 OA REFER TO: BUFFALO POLICE DEPARTMENT NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAGE: 1 r896 Fut; The People of the State of New York vs. llamza W. Harrtoudi Defendant DOB: " BUFFALO CITY COURT 50 Delaware' Avenue; Buffalo; -NY 14202- . _..._. Phone: (716) 845-2689 Fax: (716) 847-8257 Certificate of Disposition (Non -Public Version) Docket Number: Legacy Docket Number: Page 1 of 1 UCS -178 Arrest Date: 11/28/2006 Arraignment Date: 11/28/2006 THIS IS TO CERTIFY that the undersigned has examined the files of the Buffalo City Court concerning the above entitled matter against Harnza W. Hamoudi and finds the following: PL 145.05 EF Criminal Mischief -3rd PI, 145.00 AM Criminal Mischief -4th EF AM Reduced to (Count /f3) Dismissed (Interest/Furtherance of Justice (CPI, 170.30 (g)), Do Not Seal) 01/03/2007 101 /03/2007 11/28/2006 PL 240.20 07 • Dis Con: Create Hazardous Cond All fines, fees & surcharges imposed at sentence are paid in full. Pled Guilty Dated: May 28, 2015 01/03/2007 • No Surcharge • CD (l y, Rest (8979.00)) Chief Clerk/Clerk of the Court It shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation scaled pursuant to section 160.55 of the criminal procedure law or by a conviction which is sealed pursuant to section 160.58 of the criminal procedure law, in correction with the licensing, employment or providing of credit or insurance to such individual; provided, further, that no person shall be required to divulge information pertaining to any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favnr'of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal proeedurc law, or by a conviction which is sealed pursuant to section 160.58 of the criminal procedure law. The provisions of this subdivision shall not apply to the licensing activities of governmental bodies in relation to the regulation of guns, firearms and other deadly weapons or in relation to an application for employment as a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law; provided further that the provisions of this subdivision shall not apply to an application for employment or membership in any law enforcement agency with respect to any arrest or criminal accusation which was followed by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the eriminal procedure law, or by a conviction which is sealed pursuant to section 160.58 of the criminal procedure law. [Executive Law § 296 (161] Conviction charges may not be the same as the original arrest charges. Arraignment charges may not be the same as the original arrest charges. Use Car Dealer — 1474 Genesee (Fill)(DPIS) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, May 31, 2016, be received and filed; That the Commissioner of the Department of Economic Development, Permits and Inspection Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Hamza Hamoudi d/b/a Professional Auto Repair located at 1474 Genesee. PASSED AYES — 9 NOES - 0 C:\Users\clehner\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.OotlookU5MLCIH5\Use Car Dealer -1474 Genesee.docx * AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * GOLOMBEK * * * * PRIDGEN * * * * RIVERA * * * * * *. SCANLON * * * * * * WINGO * * * * * WYATT * ** * * * [ 1* * * - _ [ MAJ - 5 ] * 9 *0 * - [2/3 - 6] * * * [3/4 - 7] #3 (Rev 1-02) 01334 Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: May 23, 2016 in the Department of Permit & Inspections Division of Permits to the Position of Clerk Spanish Speaking Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non -Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) SECOND STEP ,(Enter Starting Salary) : Starting Salary of: $34,572 LAST JOB TITLE Typist NAME Johanan Calcano LAST DEPARTMENT Permit & Inspections DATE ADDRESS 180 Grant St. LAST SALARY CITY & ZIP Buffalo, NY 14213 LAST 4 DIGITS OF SSN. XXX -XX -0473 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 16550001 TITLE CODE NO 0014 BUDGET ACCT. OBJ. 41101 PROJ. ID PERSONNEL REQ. NO 2015-257 SALARY RANGE OF POSITION $34,013- $37,379 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: James Comerford, Jr. TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 5/24/16 SIGNATURE OF APPOINTING AUTHORITY: 91-2 ORIGINAL + 3 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #5) FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS June 7, 2016 01335 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 5/9/2016 FROM: DEPARTMENT: Administration and Finances SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xx) [:Prior year claims The City of Buffalo receives an annual allocation of Block Grant Entitlement Funds. If funds have not been expended in the current fiscal year, they are eligible to roll to the next year for projects and expenditures. Attached are claims that total $108,098.08, which are requested to be paid from the balance of Block Grant Entitlement funds. The attached prior year claims are due to a number of reasons. A number of the claims are for Lead testing for residents' homes. These invoices are not eligible to be paid through Block Grant Funds until the homeowner and project has been approved and moved forward. There are thirty three of these claims which total $20,540.00. The new process for these to be paid timely is to charge them to Belmont Shelter Corp administrative costs when they are incurred and once the loan has been approved, reimburse Belmont Shelter Corp. The remainder of the invoices are office supplies, life insurance, postage and an annual year end out side Audit payments to the City of Buffalo, claims which were not submitted within the timeframe of the BURA contract period. This was due to the vacancy and transition of the Executive Director. These total $63,088.08. Remaining invoices are current and have been submitted within the contracts fiscal year. 1 The final claim is payment to Belmont Shelter Corp who is paid for intake of residents for emergency rehab loans. The invoices were out of the City's fiscal contract period and total due is $24,470. These eligible payments will all be paid from Block Grant Entitlement Funds. SIGNATURE . / J DEPARTMENT HEAD TITLE : Commissioner of Administration, Finance, Policy and Urban Affairs RECEIVED AND FILED BURA Invoice Reimbursement Request - Claim 4-4-2016 Date of Invoice Invoice Description - Amount Proposed Funding Source Activity Reason not Paid Prior Resolution Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 6/29/2015 30 Academy Belmont Lead Test $ 720.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project . moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 9/30/2015 189-191 Dearborn Belmont Lead Test $ 720.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 9/3/2015 210 Newburgh Belmont Lead Test $ 720.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 7/17/2014 387 East Utica belmont Lead Test $ 600.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 1/21/2015 107 Academy belmont Lead Test $ 720.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 1/21/2015 148 Locust belmont Lead Test $ 720.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 1/21/2015 98 Southampton belmont Lead Test $ 720.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont BURA Invoice Reimbursement Request - Claim 4-4-2016 Date of Invoice Invoice Description Amount Proposed Funding Source Activity Reason not Paid Prior Resolution Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 5/16/2008 142 Hewitt Belmont Lead Test $ 550.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 8/15/2008 928 Humboldt Belmont Lead Test $ 550.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 8/24/2009 17 Stevens Belmont Lead Test $ 550.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 8/23/2010 127 Grider Belmont Lead test $ 600.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 10/29/2010 208 Northland Belmont Lead test $ 600.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 12/13/2010 154 Durham Belmont Lead Test $ 600.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 5/18/2011 271 Dewey Belmont Lead Test $ 600.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont BURA Invoice Reimbursement Request - Claim 4-4-2016 Date of Invoice Invoice Description Amount Proposed Funding Source Activity Reason not Paid Prior Resolution Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 1/11/2008 207 Stanislaus Belmont Lead Test $ 550.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 1/17/2008 391 Winslow belmont Lead test $ 550.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 2/6/2008 270 Locust Belmont Lead Test $ 550.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 2/13/2008 207 Woltz Belmont Lead Test $ 550.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont Lead Test Invoices are passed on to resident in loan. Lead Test must be done prior to project moving forward. Loan may not get encumbered within contract year with City and therefore lead tests invoices were not processed out of Admin and Proposal to process all lead test invoices out of Belmont 2/6/2008 237 Wyoming Belmont Lead Test $ 550.00 Year 39 CDBG 39-50503 project shave not yet closed. Admin per contract with Belmont Invoice found on previous directors desk. All Belmont invoices are processed as soon as they Out of contract period of 12/1/14-12/31/16 with are received to ensure appropriate exp posted to 7/28/2014 7/18/14-7/28/14 Belmont Admin Svs Inv $ 24,470.00 Year 39 CDBG 39-50503 Belmont and 10/1/14 -present with City Financials, as well as to ensure timely draw and payment Eatons ordered 1 time monthly and all respective invoices associated with the order are processed in one invoice request to the City. This is done timely to ensure the recording of expenses in the 6/4/2014 Eatons $ 206.59 Year 39 CDBG 39-50802 Reimbursement requests submitted late to the City appropriate accounting period. PINV007329 $ 37.79 Year 41HOME 40-70501 10/30/2013 Eatons $ 48.90 Year 39 CDBG 1854419 $ Eatons ordered 1 time monthly and all respective invoices associated with the order are processed in one invoice request to the City. This is done timely to ensure the recording of expenses in the 39-50802 Reimbursement requests submitted late to the City appropriate accounting period. 8.95 Year41 HOME 40-70501 BURA Invoice Reimbursement Request - Claim 4-4-2016 Date of Invoice Invoice Description Amount Proposed Funding Source Activity Reason not Paid Prior Resolution All invoices are processed timely at time of receipt to ensure accurate financial reporting of 1/15/2013 City of Buffalo 2011-12 Audit Inv 35522 $ 52,290.00 Year 41 CDBG 41-50802 expenses City of Buffalo 2011-12 Audit Inv 35522 $ 630.00 Year 40 ESG 40-80216 Processes implemented to ensure timely processing of 7/31/2014 City of Buffalo Life Ins Inv 38416 $ 125.10 Year 39 CDBG 39-50802 Reimbursement requests submitted late to the City A/P $ 22.88 Year41 HOME 41-70501 Processes implemented to ensure timely processing of 9/5/2014 City of Buffalo Life Ins Inv 38579 $ 125.10 Year 39 CDBG 39-50802 Reimbursement requests submitted late to the City A/P $ 22.88 Year 41HOME 41-70501 Processes implemented to ensure timely processing of 4/1/2014 City of Buffalo Life Ins Inv 37957 $ 1,208.38 Year 39 CDBG 39-50802 Reimbursement requests submitted late to the City A/P $ 221.04 Year 41HOME 41-70501 Processes implemented to ensure timely processing of 10/10/2014 City of Buffalo Life Ins Inv 38736 $ 606.30 Year 39 CDBG 39-50802 Reimbursement requests submitted late to the City A/P $ 110.91 Year 41HOME 41-70501 Processes implemented to ensure timely processing of 11/25/2014 City of Buffalo Life Ins Inv 38874 $ 179.55 Year 39 CDBG 39-50802 Reimbursement requests submitted late to the City A/P $ 32.84 Year 41HOME 41-70501 Processes implemented to ensure timely processing of 11/13/2013 City of Buffalo Postage Inv 37304 $ 30.48 Year 39 CDBG 39-50802 Reimbursement requests submitted late to the City A/P $ 5.57 Year 41HOME 41-70501 Processes implemented to ensure timely processing of 3/5/2013 City of Buffalo Postage Inv 35788 $ 202.55 Year 39 CDBG 39-50802 Reimbursement requests submitted late to the City A/P $ 37.05 Year 41HOME 41-70501 Processes implemented to ensure timely processing of 9/30/2014 City of Buffalo Copy paper Inv 38574 $ 124.03 Year 39 CDBG 39-50802 Reimbursement requests submitted late to the City A/P $ 22.69 Year41 HOME 41-70501 $ 1.51 Year40 ESG 40-80216 Processes implemented to ensure timely processing of 12/11/2013 City of Buffalo Postage Inv 37423 $ 135.70 Year 39 CDBG 39-50802 Reimbursement requests submitted late to the City A/P $ 24.82 Year 41HOME 41-70501 $ 1.65 Year 40 ESG 40-80216 Processes implemented to ensure timely processing of 5/5/2014 City of Buffalo Copy Paper Inv 38047 $ 118.90 Year 39 CDBG 39-50802 Reimbursement requests submitted late to the City A/P $ 21.75 Year 41HOME 41-70501 $ 1.45 Year 40 ESO 40-80216 Processes implemented to ensure timely processing of 2/9/2013 Criterion Inv 2/9/13 $ 85.28 Year 39 CDBG 39-50802 Reimbursement requests submitted late to the City A/P $ 15.60 Year 39 HOME 39-70501 $ 1.04 Year 40 ESG 40-80216 Processes implemented to ensure timely processing of Various 2013 Real Estate Closing Costs $ 200.50 Year 41 CDBG 41-50802 Reimbursement requests submitted late to the City A/P Total $ 108,098.08 Payable to City of Buffalo / Eaton $ 63,088.08 Belmont Shelter $ 24,470.00 Lead Testing $ 20,540.00 FROM THE CITY CLERK June 7, 2016 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1336 PASSED June 7, 2016 Contract Amendment-Atmt w/Accela for Legislative Mngt System and Civic Streaming Gerald A Chwalinski City Clerk APPROVED JUN 1 5 2016 01336 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM DEPARTMENT: Common Council DIVISION: City Clerk DATE: June 6, 2016 SUBJECT: {: Contract Amendment [: Agreement w/ Accela, Inc. for [: Legislative Management System [: and Civic Streaming PRIOR COUNCIL REFERENCE (IF ANY): Item No. 2452, CCP December 8, 2015; Item No. 601, CCP March 15, 2016 I hereby submit to Your Honorable Body the attached amendment to the agreement between The City of Buffalo and Accela, Inc. This amendment adds the service of Civic Streaming, which will allow digital recordings tagged with metadata to be linked with the legislative files of digital journals. This amendment will increase the monthly service charge to The City by $1,260.00/ month. This amendment is subject only to such notes and clarifications as are recommended by corporation counsel in approving as to form. The funds are available in the following account: #10220006 - 432004 city clerk, "engineering and technical" GC/TM/MC/me DEPARTMENT HEAD NAME: TITLE: City Clerk and Registrar of Vital Statistics SIGNATURE OF DEPARTMENT HEAD: Gerry Chwalinski Cc: Ken Barnes, CIO Tom Tarapacki, Director of Telecommunications Dinash Lal, Common Council Chief of Staff �1 l LEGISLATIVE MANAGEMENT SOFTWARE PROFESSIONAL SERVICES CONTRACT This amendment, made as of the day of May 2016 by and between The City of Buffalo, a municipal corporation organized under the laws of the State of New York with its principal office at 65 Niagara Square, Buffalo, New York 14202 (hereinafter the "City") through its office of the City Clerk, and Accela, Inc. a California corporation located at 2633 Camino Ramon, Suite 500, San Ramon, California 94583 (hereinafter the "Contractor"). WITNESSETH: WHEREAS, pursuant to the Legislative Management Software Professional Services Contract dated May 18, 2016 the parties set forth the terms by which the Contractor would provide government Meeting Management Software and services to the City. Said contract being incorporated herein and made a part hereof as Exhibit A; and WHEREAS, pursuant to the terms in said contract, the parties agreed that the terms contained therein may be adjusted in such instances where the City has exercised its election to have Contractor provide such additional features to the software as described in the Request for Proposals and Contractor's proposal; and WHEREAS, the City now desires that Contractor provide the Civic Streaming — Unlimited software to the City's existing services; and WHEREAS, on , 2016, the Common Council pursuant to its passage of Item No. , dated , 2016 has authorized the Buffalo City Clerk to execute this First Amendment to the contract for the performance of solicited services by the Contractor; and WHEREAS, the City deems that it is necessary and in the City's best interests to contract for such services and the Contractor has agreed to perform such services for the City; NOW, THEREFORE, in consideration of the mutual agreements set forth herein the parties agree as follows: 1. Paragraph 3 of the Legislative Management Software Professional Services Agreement is hereby modified to provide for Contractor's compensation for its services in the amount of $4,257.60 per month for the SaaS services. Further that, paragraph 6 of the Government Meeting Management Software license agreement dated March 21, 2016 is hereby modified to provide as follows: 6. Pricing Structure: Description Monthly SaaS One Time Agendas & Minutes - Unlimited $2,040 / mo Digital Boardroom — Unlimited $957.60 / mo Civic Streaming — Unlimited $1,260 / mo Dell Encoder Appliance Waived/Included System Configuration, Implementation & Training Waived/Included Total — Monthly SaaS $4,257.60/ mo 2. Terms and Conditions 2.1 The Agreement Legislative Management Software dated 3.21.16 is modified to provide the subscription services described in Section 1 above. 2.2 Unless specifically amended, modified, or supplemented by this Amendment, all terms and conditions of prior written agreements between the parties shall remain unchanged an in full force and effect.. 2.3 If any particular provision of this document is determined to be invalid or unenforceable, that determination shall not affect the other provisions which shall be construed in all respects as if the invalid or unenforceable provision were omitted. ACCELA The City of Buffalo, NY By: By: Signature Signature Print Name Print Name Its Its Title Title Dated: Dated: Month, Day, Year Month, Day, Year ACKNOWLEDGMENTS State of ) County of ) ss On day of in the year , before me the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public ********************************************* State of New York) County of Erie ) ss On day of in the year , before me the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public END OF DOCUMENT Contract Amendment — Agreement with Accela, Inc. for Legislative Management System and Civic Streaming (City Clerk) Mr. Rivera moved: That the above item be, and the above communication from the Office of the City Clerk, dated June 6, 2016, be received and filed; That the Common Council hereby authorizes the City Clerk and Registrar of Vital Statistics to amend the agreement between the City of Buffalo and Accela, Inc. to add the service of Civic Streaming, which will allow digital recordings tagged with metadata to be linked with legislative files of digital journals. This amendment will increase the monthly service charge to the City by $1,260.00 per month. Funding is available in Account #10220006-432004 City Clerk, "Engineering and Technical". PASSED AYES 9, NOES 0 C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\OX32QVW6\Contract Amendment-Accela.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT *AYE* NO * * * * [ ]* [MAJ- 5] *9 * 0 [ 2/3 - 6 ] * * * [3/4 - 7] 01337 Common Councit Iegigatibe Otaff Buffalo, NY Registered Sex Offender Awareness Task Force Chairman, Keyon Lee Summary of June 2, 2016 Meeting Chief of Staff Dinash Lal Deputy Chief of Staff Damon Palmer The Task force members present agreed to the following: 1. Council Staffed informed the Task Force (TF) that the Office of telecommunications (OTC) would produce the Public Service Announcement (PSA). The TF agree to meet with of OTC within the next 2 weeks to get an outline of the process and a plan for the production of the PSA. The TF envisions a series of three PSA 1. Advocacy Information 2. Adult Survivors 3. How/where to get help 4. "Sexting"/"Sextortion" 2. TF Member Rev. Terry King agreed to identify Federal Funds and Grant resources that the TF can recommend the City of Buffalo to apply for. i.e. increase staffing of SOS squad. 3. On the agenda for the July TF meeting we would like to get a report on the reduction of the Buffalo Police Sex Offense Squad (SOS). a. Ask Lt. Mann/Council Staff to report on the current staffing level of the SOS squad and what it was at inception and its changes is staffing size over the years. b. Ask Council Staff to provide us with the Legislative Mandate of the SOS. c. Report of whether SOS is achieving its Legislative intent. d. Review of process advocacy efforts to increase CPS staff following highly publicized cases of vulnerability of children and outline an advocacy plan based on the incidents of Sex Abuse on School Busses. Calling for an increase to full strength of detectives on the SOS. 4. Ask BPS to share with TF the Pk -12 Materials that will be launched in Sept. 2016. 5. Follow up on status of Budget request that was submitted to the Council Education Subcommittee 6/2/16. a. Total Budget request of $20,250.00. i. 9 Councilmatic events with Block Clubs $250.00 per event = $2,250.00 ii. 500 training manuals at $10.00 per manual = $5,000.00 iii. Training Facilitation = $3,000.00 iv. Public Posters and Billboards $10,000.00 Next meeting Thursday July 14, 2016 — 2pm RECEIVED AND FILED 2 GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics TIANNA M. MARKS Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 01338 OFFICE OF THE CITY CLERK 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851-4845 May 20, 2016 Item Returned to City Clerk by Mayor Without Approval or Disapproval I hereby inform you that the following Item which was passed by the Common Council on May 10, 2016 No. 1130 Waive Permit Fees for YMCA's Fitness in the Park Program No. 1132 Waiver of Fees for HRT Field Day Was presented to the Mayor on May 13, 2016, and returned to the City Clerk on May 19, 2016 without approval or disapproval Respectfully submitted, ,tae c,1“,yd.ok Gerald A. Chwalinski City Clerk 2 RECEIVED AND FILED 3� City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1339 PASSED June 7, 2016 Chicken License 36 Silverdale -Council Approval/Disapproval APPROVED JUN 1 5 2016 (/\-), / ) MAYOR Gerald A Chwalinski City Clerk 01339 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 2, 2016 FROM: DEPARTMENT: City Clerk SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xx) [:Chicken License 36 Silverdale [:for Common Council Approval/Disapproval C [: The following chicken license application has been received in the City Clerk's office. We have received one letter within the radius of the property concerning the license application. Per the City Charter the license is bepre your Honorable Body for approval/disapproal. SIGNATURE ri A DEPARTMENT HEAD TITLE : City Clerk 36 g .5 GP ckt e.. C/$c-cit 10 .renvIT-ir 6 e e / ei •) 0 1 PI, J9 -,o 0 1r4ei4 ) gin Cry 0+ i3u4-1--ei 4.1 C. t y Lcr 1-1(i C)1cA CA 5ctP,e. /34,2 6.. iry ; gu4-4-ato, Air /ti 2_02- 33 A1reelr19A-. ct r eA RE; kre <,:,,eivej C. "Ths t).1.9 7 -i 1 14J1 L icev,sc LJ -i e - 01-1 e 74.1cir rt)(..' )35 .36 S I ve9- s I i 1ke.41" t,o cJc410.c-or 0 &lox yvivoi 0fs c.t.At` ovarletrlocc,,,pie,t• 17 Iverjuic. vev'I - )/e_e,t -64 eNci ta kc cbjcr r6? I 1") C.Ce c'+ r1.1 I S t1-14"1- t-1,),5 II lc ke 05 +1. wiy r s .r,s r© 1" h LOPkPPC:f A G -C. 7-c rt • • , Srvve.,i e4, heaSej rkerc. .h e.. (Oer v-0 vc_e Pl-eaK‹. rina city' o t re_ te 7 51--r, 0 r, c) ro / 55 Li a el es 0+ rk;5 c,. s (-or 3 5 rcic, /417‘--;/ for yew(/' 60v)S d i ryviezik., /N. o -k.. City Clerk Gerald Chwalinsld Deputy City Clerk CITY OF BUFFALO OFFICE OF TEE CITY CLERK CHICKEN LICENSE APPLICATION • • PURSUANT TO CITY CODE p41-112 'Under the provisions of the Buffalo City Code § 341-112, Chicken License Application Contents, I hereby Submit the following information in support of an Application to keep chicken hens within the City of Buffalo. PART A - APPLICANT INFORMATION 1. Name of Applicant: a -can, yx.4 2. Address of Applicant ,24-/ 2rt e(A., 14/e froC-Fe--1 State: 4/-Y, Zip Code: City: / 4/.210 - 3. Telephone Num ber: 7/6 3 'W.,/ 7817 Fax Number: 4.E -Mail: C l4K ac.01 PART B — PROPERTY INFORMATION 1. Address of Subject Propery: 3, City: 13 f -r State: .g"./ Zip Code: 2. The Size and Dimensions of Subject Property (Measured in Square Feet): 56 7 / 3. Number of Chicken Hens to be Kept on Subject Property: 4. Description of any Coops or Cages Housing the Chicken Hens: / Tbr , CciTry cA CooIrlinG•71-eal rec j FieciTravis 5. Description of any Fencing, Barriers or Enclosures surrounding the Subj s e i,s ,,S" c. i K„, 41c, rtrut or.ve ret6T. Fe v)e- 6 / rty: Sow cit..t.tei cele" . 6. Description of the Manner by which FeCes and Other Waste Materials will be Treated andRemoved soas not to Result in Unsanitary Conditions and/or the Attraction of Rodents and Insects: ThtL LtS a4.4 -0-v- • &Ai -4 . 19) Gud.,E-d Cif." 4 —TV't-Ls • 7. APPLICATION MUST INCLUDE A SCALED DRAWING SHOWING lilt PRECISE LOCATION OF CAGES, COOPS, ENCLOSURES, FENCES AND BARRIERSIN RELATION TO PROPERTY LINES AND TO STRUCTURES ON ADJACENT PROPERTIES. • PART C — CONSENT 1PR, OF THE CITY CLERK G E FIALCD14.11inanttialcit the Property Owner, PIe Re„SAMPhis aso Engage in the Keepin IANNA M. MARKS Qity-irk IGNED Statement from the Actual Property Owner the Premises: 65 NIAGARA SQUARE ROOM 1308 CITY HALL �JI-f ALO, NEW YORK14202.. PHONE: (716) 851-5431 FAX: (716) 851-4845 e Complex, inclu n; �_� , axes, Please Provide a SIGNED Statement from Any and Deputy. Mer ►§-nsaglei-FamilY Deput} liktig er ,Slentatining to the Applicant's Engagement in. the Keeping of Chicken Hens on the Premises: SIGN NA S • PRINTNAME - ADDRESS 3. Please Provide a Mibill.ELP Statement from Any and All Residents Residing on Property Adjacent to the Applicant's Property Consenting to the Applicant's Engagement in the Keeping of Chicken Hees on the Premises: PRINT NAIVE IC • zostftve4 1 ., z/1/ ADDRESS ,s { Pa., 4 :. I,r a% er R: f view" ' SIGNNAME i YL Iv Wd zI" 4. Please Provide ALL Addresses. Wfftbjn a Fifty(50) F of of the Subiect Prape .2 0 Pei r- cki v ver -- I vac o oh 2.6 ee,krv s :.. �f S�IYPfY� I' **** ADDrONAL SPACE FOR PART C. CONSENT SHOULD BE INCLUDED IN SUPPIFNTAL FORM PART D — AFFIRMATION I hereby affam that the informations Ihave provided on this request form is correct. Signature: Print Name: • t Date: City Clerk Gerald Chwalinski Deputy City Clerk Wilmer Olivencia CITY OF BUFFALO OFFICE OF THE CITY CLERK CHICKEN LICENSE APPLICATION SUPPLEMENTAL FORM PURSUANT TO CITY CODE §341-11.2 • Under the provisions of the Buffalo City Code § 341-11.2, Chicken License Application Contents; I hereby submit the following information in support of an Application to keep chicken hens within the City of Buffalo. PART C CONSENT PROVISIONS - SUPPLEMENT Additional SIGNED Statement from Any and All other Tenants Consenting to the Applicant's Engagement in the Keeping of Chicken Hens on the Premises: PRINT NAME . ADDRESS SIGNNAME Additional SIGNED Statement from Any and All Residents Residing on Property Adjacent to the Applicant's Property Consenting to the Applicant's Engagement in the Keeping of Chicken Hens on the Premises: PRINT NAPE ADDRESS SIGNNAME (V e..)q 1 ; 5 4a 39 5- verdA.1 e Oa 'PAL -I :e 6-67 3(1 veraWe- Additional Addresses Within a Fifty (50) Foot Radius of the Subject Property: . 1: CITY OF BUFFALO OFFICE OF THE CITY CLERK City Clerk GeraldChwalinski CHICKEN LICENSE APPLICATION Deputy City Clerk SUPPLEMENTAL FORM PURSUANT TO CITY CODE §341.11.2 Under the provisions Of the Buffalo City Code § 341-11.2, Chicken License Application Contents, 1 hereby submit the following information in support of an Application to keep chicken hens within the City of Buffalo. PART B-7 SUPPLEMENT — PROPERTY DESCRIPTION. (SCALED DRAWING) 36 Silverdale City of Buffalo Office of Strategic Planning Chicken License Approval (City Clerk) Mr. Rivera moved: That the above item be, and the above communication from the Office of the City Clerk, dated June 2, 2016, be received and filed; That the Common Council hereby authorizes the City Clerk, pursuant to Buffalo City Code §341-11.2, Chicken License Application, to approve a chicken license for J. Kaiser, located at 36 Silverdale. PASSED AYES 9, NOES 0 C:\Users\Irucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Chicken License Approval.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT *AYE* NO * * * * [ ] * * * [MAJ- 5] *9 * 0 * [ 2/3 - 6 ] * * * [3/4 - 7] 01340 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 1318 Hertel Avenue 1504 Hertel. Avenue 40-50 Fountain Plaza 1 Naval. Park Cove/Canalside RECEIVED AND FILED June 7, 2016 Business Name Mo's Place The Burning Buffalo Burning Buffalo Vessel -Harbor Queen Owner's Name PAM Industries LLC Bar & Grill. The Burning Buffalo Inc Molly's on Main LLC Queen City Ferry Co Inc 35 opla-rev 01/22/16 rni-INEW YORK STATE OF OPPORTUNITY. OFFICE USE ONLY Q Original Q Amended Date Standardized NOTICE FORM for Providing 30-Dav Advanced Notice to a Local Municipality or Community Board (Pape 1 of 2 of Form) State Liquor Authority 1. Date Notice Was Sent: 1 June 1 . 201 6 1a. Delivered by: Personal Service 2. Select the type of Application that will be filed with the Authority for an On -Premises Alcoholic Beverage License New Application ❑ Renewal ❑ Alteration ❑ Corporate Change ❑ Removal ❑ Class Change For New applicants, answer each question below using all information known to date. For Renewal applicants, set forth your approved Method of Operation only, For Alteration applicants, attach a complete written description and diagrams depicting the proposed alteration(s). For Corporate Change applicants, attach a list of the current and proposed corporate principals. For Removal applicants, attach a statement of your current and proposed addresses with the reason(s) for the relocation. For Class Change applicants, attach a statement detailing your current license type and your proposed license type. This 30 -Day Advance Notice is Being Provided to the Clerk of the following Local Municipality or Community Board 3. Name of Municipality or Community Board:I City of Buffalo Applicant/Licensee Information 4. License Serial Number, if Applicable: 5. Applicant or Licensee Name: Current Owrler 3150539 PAM Industries. LLC rPni- Owner Expiration Date, if Applicable: [17 6. Trade Name (if any): 1 Mos Pia ce 7. Street Address of Establishment: 1 31 S T— rf pl AvPnii 8. City, Town or Village: I Buffalo 9. Business Telephone Number of Applicant/Licensee: 1 (71 6) 830-0063 10. Business Fax Number of Applicant/Licensee: I None 11. Business E-mail of Applicant/Licensee: I MosPlace1 31 8@gmail . com 12. Type(s) of Alcohol sold or to be sold: ❑ Beer & Cider ❑ Wine, Beer & Cider ,NY Zip Code :I 14216 0 Liquor, Wine, Beer & Cider 13. Extent of Food Service: ❑ Full food menu; nMenu meets legal minimum food availability requirements; Full Kitchen run by a chef or cook Food prep area at minimum 14. Type of Establishment: I Bar 15. Method of Operation: ❑ Seasonal Establishment ® Juke Box ❑ Disc Jockey ❑ Recorded Music ❑ Karaoke (Check all that apply) ❑ Live Music (Give details: i.e. rock bands, acoustic, jazz, etc.): I ❑ Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing ❑ Topless Entertainment ® Video/Arcade Games ❑ Third Party Promoters ❑ Other (specify): I 16. Licensed Outdoor Area: ElNone ® Patio or Deck ❑ Rooftop 11Garden/Grounds (Check all that apply) ❑ Sidewalk Cafe ❑ Other (specify): I ❑ Security Personnel Freestanding Covered Structure Page 2 opla-rev 01/22/16 SJAYORK F STATEE OF OPPORTUNITY. OFFICE USE ONLY 0 Original O Amended Date State Liquor Authority 49 Standardized NOTICE FORM for Providing 30-Dav Advanced Notice to a Local Municipality or Community Board (Pace 2 of 2 of Form) 17. List the floor(s) of the building that the establishment is located on: First Floor 18. List the room number(s) the establishment is located in within the building, if appropriate: N/A 19. Is the premises located within 500 feet of three or more on -premises liquor establishments? QYes uNo 20. Will the license holder or a manager be physically present within the establishment during all hours of operation? »Yes 0 No 21. If this is a transfer application (an existing licensed business is being purchased) provide the name and serial number of the licensee. Salvatore S. Miloro Serial No. 3150539 22. Does the applicant or licensee own the building in which the establishment is located? 0 Yes (If Yes SKIP 23-26) ® No Owner of the Building in Which the Licensed Establishment is Located 23. Building Owner's Full Name: 1312-1318 HerFP1 AveT111ey T,T.0 24. Building Owner's Street Address: 1 1322 Hertel Avenue 25. City, Town or Village:I Buffalo Zip Code :I 14216 26. Business Telephone Number of Building Owner: 1 (71 6) 316-5622 Representative or Attorney representing the Applicant in Connection with the application for a license to traffic in alcohol at the establishment identified in this notice 27. Representative/Attorney's Full Name: 1 S . Michael Rua, Esq. 28. Street Address: 1535 Delaware Street 29. City, Town or Village: I Tonawanda IState: I NY I Zip Code :I 14150 30. Business Telephone Number of Representative/Attorney: 1 (71 6) 692-6119 31. Business Email Address : I s . mi chaelrua@veri zon . net I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon, and that false representations may result in disapproval of the application or revocation of the license. By my signature, I affirm - under Penalty of Perjury - that the representations made in this form are true. 32. Printed Name: I Paul A. Morino Signature: X Title 'Managing Member Page 3 S. MICHAEL RUA 535 Delaware Street Tonawanda, New York 14150 Telephone (716) 692-6119 Attorney at Law Facsimile (716) 692-8728 June 1, 2016 City of Buffalo Attn: City Clerk Room 1308 Buffalo City Hall Buffalo, New York 14202 RE: Liquor License Local Municipality Notice Ladies and Gentlemen: Please be advised that I represent PAM Industries, LLC. My client is purchasing the business presently located at 1318 Hertel Avenue, Buffalo, New York, 14126. In connection with this transaction it is necessary for my client to obtain its own Liquor License. Therefore, enclosed please find the Local Municipality Notice which is required as part of my client's application for a New York State Liquor License. Since my client is acquiring a Business on a premises which is presently licensed by the New York State Liquor Authority and was not objected to by the City of Buffalo, I ,respectfully inquire whether or not the City can waive the 30 day notice period so that my client can submit its application to the State Liquor Authority immediately. Kindly advise my office if this is possible. If you have any questions, please feel free to contact me. Very trullyyovrs, S. MICHAEL RUA SMR/sr Encs. fk REQUEST FOR WAIVER OF THE 30 DAY MUNICIPALITY NOTIFICATION Date 05/26/2016 To the Municipality of: BUFFALO Please be advised that a waiver of the 30 day notification is being requested by THE BURNING BUFFALO INC, dbas THE BURNING BUFFALO BAR & GRILL, BURNING BUFFALO, located at 1504 HERTEL AVE:, BUFFALO, NY 14216 for an ON PREMISE LICENSE serving LIQUOR, BEER, AND WINE IN A TAVERN. This request is made to expedite the licensing process. PRINCIPALS NICHOLAS J. KOTSIS 15 TRAYMORE ST., BUFFALO, NY 14216 716-553-6537 GEORGE J. KOTSIS 101 WILBURY PL., BUFFALO, NY 14216 716-510-5474 SETH A. STROMBERG 11 HENLEY RD., BUFFALO, NY 14216 716-308-7367 GRETCHEN GONZALEZ 170 FAIRLAWN DR., AMHERST 14226 716-504-9271 LANDLORD 1504 HERTEL AVENUE INC. 101 WILBURY PL., BUFFALO, NY 14216 716-510-5474 i Thank You, If such waiver is granted, please fax, e-mail or forward it to: Robert Heil, Liquor License Consultant 5008 Mount Vernon Blvd. Hamburg, NY 14075 FAX : 866-910-5025 E-MAIL : myteambob@gmail.com opla-rev 01/22/16 OFFICE USE ONLY 0 Original 0 Amended Date NEWYORKA�1 State Liquor 8411 TU" Authority 49 Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Local Municipality or Community Board (Paae 1 of 2 of Form) 1. Date Notice Was Sent: 105/26/2016 11 a. Delivered by: (Certified Mail Return Receipt Requested 2. Select the type of Application that will be filed with the Authority for an On -Premises Alcoholic Beverage License New Application (] Renewal 0 Alteration ❑ Corporate Change 0 Removal [] Class Change For New applicants, answer each question below using all information known to date. For Renewal applicants, set forth your approved Method of Operation only. For Alteration applicants, attach a complete written description and diagrams depicting the proposed alteration(s). For Corporate Change applicants, attach a list of the current and proposed corporate principals. For Removal applicants, attach a statement of your current and proposed addresses with the reason(s) for the relocation. For Class Change applicants, attach a statement detailing your current license type and your proposed license type. This 30 -Day Advance Notice is Being Provided to the Clerk of the following Local Municipality or Community Board 3. Name of Municipality or Community Board:IBUFFALO Applicant/Licensee Information 4. License Serial Number, if Applicable: 'PENDING Expiration Date, if Applicable: IN/A 5. Applicant or Licensee Name: (THE BURNING BUFFALO INC 6. Trade Name (if any): 'THE BURNING BUFFALO BAR & GRILL, BURNING BUFFALO 7. Street Address of Establishment: 11504 HERTEL AVE 8. City, Town or Village: 'BUFFALO I ,NY Zip Code :114216 9. Business Telephone Number of Applicant/Licensee: 1716-553-6537 10. Business Fax Number of Applicant/Licensee: IN/A 11. Business E-mail of Applicant/Licensee: Itheburningbuffalo@gmail.com 12. Type(s) of Alcohol sold or to be sold: ❑ Beer & Cider ❑ Wine, Beer & Cider ® Liquor, Wine, Beer & Cider 13. Extent of Food Service: ❑ Full food menu; Full Kitchen run by a chef or cook 14. Type of Establishment: 1Bar/Tavern 15. Method of Operation: (Check all that apply) ® Menu meets legal minimum food availability requirements; Food prep area at minimum [� Seasonal Establishment 0 Juke Box Disc Jockey ® Recorded Music [] Karaoke Live Music (Give details: i.e. rock bands, acoustic, jazz, etc.): 'MIXED Patron Dancing ❑ Employee Dancing 0 Exotic Dancing ❑ Topless Entertainment 0 Video/Arcade Games 0 Third Party Promoters ❑ Security Personnel 0 Other (specify): 1 16. Licensed Outdoor Area: ❑ None ❑ Patio or Deck D Rooftop (l Garden/Grounds [] Freestanding Covered Structure (Check all that apply) ® Sidewalk Cafe [] Other (specify):' Page 2 opla-rev 01/22/16 OFFICE USE ONLY 0 Original Q Amended Date HEWqYpORK State liquor Authority ac( 49 Standardized NOTICE FORM for Providing 30-Dav Advanced Notice to a Local Municloality or Community Board Page 2 of2 of Form) 17. List the floor(s) of the building that the establishment is located on: 'BASEMENT & 1ST FLOOR 18. List the room number(s) the establishment is located in within the building, if appropriate: BASEMENT STORAGE, OFFICE 1ST BAR, DINING, KITCHEN, RESTROOMS 19. Is the premises located within 500 feet of three or more on -premises liquor establishments? ®Yes 0No 20. Will the Ilcense holder or a manager be physically present within the establishment during all hours of operation? ®Yes 0 No 21. If this is a transfer application (an existing licensed business is being purchased) provide the name and serial number of th'e licensee. 1N/A 22. Does the applicant or licensed own the building to which the establishmenfitstocated? 49 Yes (If Yes SKIP 23-26) 0 No Owner of the Building in Which the Licensed Establishment Is Located 23. Building Owner's Full Name: 11504 HERTEL AVENUE INC, 24. Building Owner's Street Address: 1101 WILBURY PLACE 25. City, Town or Village:1BUFFALO 26. Business Telephone Number of Building Owner: 74 State: NY Zip Code :114216 Representative or Attorney representing the Applicant In Connection with the application for a license to traffic In alcohol at the establishment identified In this notice 27. RepresentativefAttorney's Full Name: 'ROBERT HEIL 28. Street Address: 15008 MOUNT VERNON BLVD. 29, City, Town or Village: 'HAMBURG 1 1NY i Zip Code :114075 30. Business Telephone Number of Representative/Attorney: 1716-512.5018 31. Business Email Address : Imyteambob@gmall.com State: 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 Ilcense. By my signature, I affirm - under Penalty of Perjury that the representations made in this form are true. 32. Printed Name: NICHOLAS KOTSIS Signature: X 1 Title PRESIDENT Page 3 rev 1/22/16 . T A YCiRK er" STATE OF OPPORroNI1Y. OFFICE USE ONLY 0 Original O Amended Date State Liquor Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Authority Local Municipality or Community Board (Paae 1 of 21 at\ 1. Date Notice Was Sent: 15/20/16 la. Delivered by: C-rficied Mal I -12e -I -urn Q ce-I 2. Select the type of Application that will be filed with the Authority for an On -Premises Alcoholic Beverage License ❑X New Application ❑ Renewal ❑ Alteration ❑ Corporate Change ❑ Removal ❑ Class Change For New applicants, answer each question below using all information known to date. For Renewal applicants, set forth your approved Method of Operation only. For Alteration applicants, attach a complete written description and diagrams depicting the proposed alteration(s). For Corporate Change applicants, attach a list of the current and proposed corporate principals. For Removal applicants, attach a statement of your current and proposed addresses with the reason(s) for the relocation. For Class Change applicants, attach a statement detailing your current license type and your proposed license type. This 30 -Day Advance Notice is Being Provided to the Clerk of the following Local Municipality or Community Board 3. Name of Municipality or Community Board:1 City of Buffalo Applicant/Licensee Information 4. License Serial Number, if Applicable: I I Expiration Date, if Applicable: 5. Applicant or Licensee Name: 'Molly's on Main LLC 6. Trade Name (if any): 7. Street Address of Establishment: 140-50 Fountain Plaza 8. City, Town or Village: 'Buffalo 9. Business Telephone Number of Applicant/Licensee: 1(716) 903-8860 10. Business Fax Number of Applicant/Licensee: 1 11. Business E-mail of Applicant/Licensee: Iwkoessler@verizon.net 12. Type(s) of Alcohol sold or to be sold: ❑ Beer & Cider ❑X Wine, Beer & Cider ❑ Liquor, Wine, Beer & Cider 13. Extent of Food Service: ❑X Full food menu; ❑ Menu meets legal minimum food availability requirements; Full Kitchen run by a chef or cook Food prep area at minimum 14. Type of Establishment: I Restaurant C;=:1 I ,NY Zip Code :I 14203; 15. Method of Operation: (Check all that apply) ❑ Seasonal Establishment ❑ Juke Box ❑X Disc Jockey ❑X Recorded Music ❑ Karaoke ❑X Live Music (Give details: i.e. rock bands, acoustic, jazz, etc.): ❑ Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing ❑ Topless Entertainment ❑ Video/Arcade Games ❑ Third Party Promoters ❑ Security Personnel ❑ Other (specify): I 16. Licensed Outdoor Area:1 None .® Patio or peck ElRooftop ❑ Garden/Grounds ElFreestanding Covered Structure (Check all that apply) 0 Sidewalk Cafe 0 Other (specify): I STATE OF 0 Original State Liquor Authority OFFICE USE ONLY /l Amended Date `' Standardized NOTICE FORM for Providing 30-Dav Advanced Notice to a Local Municipality or Community Board (Paae 2 of 2) (666 17. List the floor(s) of the buliding that the establishment is located on: First Floor �� � �.~~.J L/> 1Q. Ugthe room numbe��the es��bUshnmentb�catedinw�hinthe ^^,,/n4 Room ` m�cn�n building, if appropriate: 19. Is the premises located within 500 feet of three or more on -premises liquor establishments? ®Yes ONo 20. Will the license holder or a manager be physically present within the establishment during all hours of operation? ®Yes ONO 21 ��hbba�an���a�d�at�n(anex�tngU�ensedhudnesis��ngpurd�ased pnmvWethenameandsed�number oftheUcen�ee ' - \ / 22. Does the applicant or licensee own the building in which the establishment is located? 0 Yes (If Yes SKIP 23'26 0 No Owner of the Buliding In Whichthe LicenseEstablishment is Located | 23. Bu|k8ngOwner�FuUName 'Key Success LLC 24. Building Owner's Street Address: 1c/o Ciminelli Real Estate Corporation, 350 Essjay Road 25. City, Town cxVi|lage|| VVUUamsv|le 26. Business Telephone Number of Building Owner: (716) 631-8000 State: 1NY 1 Zip Code :114221 wr���m��m���the A�Q�m��n�����the application Representative for license to traffic ilcohol at the establishment identified in this notice 'Justin |ju�inS.VYhite Esq. 28. StreeAddress: 15662 Main Street 29. City, Town or Village: 'Williamsville IState |Ny 3�Code ]142Z1 . � 30. Business ��ephoneNunnberof 1(716) 631-9100 '^ 31. Business Email Address: p",xite@sbwattorneyszom 1 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 llcense. By my signature, 1 affirm - under Penalty of Perjury - that the representations made in this form are true. 32.Printed Name: || VVUUam].Koessler Signature: X 1 Title Member \ rev 10/23/13 OFFICE USE ONLY 0 Original 0 Amended Date State of New York Executive Department Division of Alcoholic Beverage Control State Liquor Authority cbb\ 49 Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Local Municipality or Community Board (Pace 1 of 2 of Form) 1. Date Notice was Sent: (mm/dd/yyyy) I .SAY 0/4:, 2. Select the type of Application that will be filed with the uthority for an On -Premises Alcoholic Beverage License New Application ❑ Renewal ❑ 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 Applicant/Licensee information 4. License Serial Number, if not New Application: I C! --'1 7.--y 0 73 C'./ T 6 C. ie/,%'C// ,9 . 7y NA? Expiration Date, if not New Application: I 5. Applicant or Licensee Name: 0'r/L/ /T / R,Q / (?2 ,iQ/,,i,- 6. Trade Name (if any): I j/ c;�c-(. %,i✓ t'`�� J ' A R 0 re__ Qc cs" .A % 7. Street Address of Establishment: 1 /J/9 V/q`, 8. City, Town or Village: 1 C)ppi(;e_o i I ,NY Zip Code :I p-/.2.0 2- 9. Business Telephone Number of Applicant/Licensee: 7z6 -79 4:743 10. Business Fax Number of Applicant/Licensee: 1 7/6 ' 7 0 U, 2 9 11. Buisness E-mail of Applicant/Licensee: I / 'c_ e P�, ��7<' C '� C..c� (1.07)-) For New applicants, provide description below using all information known to date. For Alteration applicants, attach complete description and diagram of proposed alteration(s). For Current Licensees, set forth approved Method of Operation only. u� a Do Not Use This Form to Change Your Method of Operation. co 12. Type(s) of Alcohol sold or to be sold: ("X" One) I ❑ Beer Only ❑ Wine & Beer Only Liquor, Wine & Beer Restaurant (Sale of food primarily; Tavern/Cocktail Lounge/Adult Venue/Bar (Alcohol 13. Extent of Food Service: ("X" One) [1]Full food menu; Kitchen run by chef) sales primarily; Meets legal minimum food availability requirements) - Recorded Music FA Live Music ❑ Disc Jockey ❑ Juke Box ❑ Karaoke Bar ❑ Stage Shows ❑ Patron Dancing (small scale) ❑ Cabaret, Night Club (Large Scale Dance Club) ❑ Catering Facility 14. Type of Establishment: ❑ Capacity of 600 or more patrons ❑ Topless Entertainment ❑ Restaurant ❑ Hotel ("X" all that apply) ❑ Recreational Facility (Sports FacilityNessel) ❑ Club (e.g. Golf Club/Fraternal Org.) ❑ Bed & Breakfast ,I Seasonal Establishment 15. Licensed Outdoor Area: E None ❑ Patio or Deck ❑ Rooftop ❑ Garden/Grounds ❑ Freestanding Covered Structure ("X" all that apply) ❑ Sidewalk Cafe ❑ Other (specify): I cvAzi Pagel. rev 10/23/13 State of New York Executive Department Division of Alcoholic Beverage Control State Liquor Authority 0 Original OFFICE USE ONLY ,a ' 49 0 Amended Date Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to a Local Municipality or Community Board (Paae 2 of 2 of Form) 16. List the floor(s) of the building that the establishment is located on: I V / �J r, /QA/ 7%2 Z4247 2.7.7.,(5,4' 17. List the room number(s) the establishment is located in within the building, if appropriate: it/A 18. Is the premises located with 500 feet of three or more on -premises liquor establishments? ❑ Yes gl No 19. Will the license holder or a manger be physically present within the establishment during all hours of operation?74 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 * A/67 -g: Owner of the Building in Which the Licensed Establishment is Located 21. Building Owner's Full Name: ARA / 22. Building Owner's Street Address: I -'Cy 7' (O[,6/jn/3(/S 23. City, Town or Village:I . cirrgeJL J State: ( >` 1 / (>pPit/y V/ 1 Zip Code :I / 4a/LY Attorney Representing the Applicant in Connection with the Applicant's License Application Noted as Above for the Establishment Identified in this Notice 25. Attorney's Full Name: I 26. Attorneys Street Address: 27. City, Town or Village: I State: I Zip Code :I 28. Business Telephone Nurnb& 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: I Signature: X /-Y////:(0:',44/ I Title 1.--f-ter (re I /(/ Page 2 01341 No. Reports of Acting Time I transmit herewith notifications received by me, reporting Acting Time, in the various departments as listed: x Mayor/Mayor Executive -Traffic Violations Kristi McAleer Comptroller - x Common Council- Wendy Nobile Assessment and Taxation - Public Works, Streets & Parks- Police- Fire- Corporation arks-Police-Fire- Corporation Counsel - Community Services - Economic Development & Permit and Inspection Services - Management Information Systems Administration, Finance & Urban Affairs - x Parking- Theresa Nichols Nicole Bongivanni Michael Fa.tzone Nichoals Schaefer Human Resources - Civil Service Commission - RECEIVED AND FILED. iko June 7, 2016 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 23, 2016 FROM: DEPARTMENT: Parking SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xxl [:Acting Time G [: We would like to inform Your Honorable Body that the following empoloyees will be paid acting time. Theresa Nichols filled in as Dispatcher in Parking Enforcement on May 13, 2016. The Dispatcher was off on paid leave. She will be paid acting time since her permanent title is Laborer II. This is in accordance with the Local 264 union contract. Nicole Bongiovanni filled in as Parking Enforcement Supervisor in Parking Enforcement on May 9, 2016, May 10, 2016 and May 11, 2016. The Parking Enforcement Supervisor was off on paid leave. She will be paid acting time since her permanent title is Parking Enforcement Officer. This is in accordance with the Local 264 union contract. Michael Falzone filled in as Dispatcher in Parking Enforcement on May 19, 2016. The Dispatcher was off on paid leave. He will be paid acting time since his permanent title is Laborer II. Micahel Falzone filled in as Parking Enforcement Officer on May 15, 2016 and May 22, 2016 since no Parking Enforcement Officers were available to fill these shifts. This is in accordance with the Local 264 union contract. Nichoals Schaefer filled in as Tow Truck Operator in Parking Enforcement on May 10, 2016 and May 22,2016. There were no Tow Truck Operators available to work these shifts. He will be paid acting time since his permanent title is Parking Meter Mechanic. This is in accordance with the Local 264 union contract. SIGNATURE /7 DEPARTMENT HEAD TITLE : Commissioner SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 23, 2016 FROM: DEPARTMENT: Traffic Violations Agency SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xx) [:Acting Time [: G G We would like to inform Your Honorable Body that Kristi McAleer filled in as Administrator of TVA on 5/22/2016 and 5/13/2016. The Administrator was off on paid leave. She will be paid acting time since her permanent title is Traffic Agency Representative. This is in accordance with the Local 650 union contract. SIGNATURE , /7:5 / DEPARTMENT HEAD TITLE : Executive Director SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 05/25/2016 FROM: DEPARTMENT: City Clerk SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xx) [:Acting Time [: [: We would like to inform Your Honorable Body That Wendy Nobile filled in as a Senior Council Clerk in the City Clerk's Office on the following dates May 6 and 9 2016. She was paid Acting Time since her permanent title is Administrative Assistant. This is in accordance with the City Charter regulations. SIGNATURE fizi,tpc DEPARTMENT HEAD TITLE : City Clerk 01342 No. Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium x Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Home Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED June 7, 2016 ��1 #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE May 13, 2016 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT [: BOARD ATTENDANCE [: [: ENTER PRIOR COUNCIL REFERENCE: ( IF ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on May 11, 2016, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman John D. Kennedy Sr., Vice Chairman Eleanor Petrucci, Secretary Absent: Christopher Roosevelt, Assistant Vice Chairman DEPARTMENT HEAD NAME: Oluwole A. McFoy, P.E. TITLE: General Manager SIGNATURE OF DEPARTMENT HEAD: #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE Mav 25, 2016 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT [: BOARD ATTENDANCE [: {: ENTER PRIOR COUNCIL REFERENCE: ( IF ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on May 25, 2016, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman John D. Kennedy Sr., Vice Chairman Christopher Roosevelt, Assistant Vice Chairman Eleanor Petrucci, Secretary Absent: none DEPARTMENT HEAD NAME: Oluwole A. McFov, P.E. TITLE: General Manager SIGNATURE OF DEPARTMENT HEAD: ot\ 0134 No. Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. June 7, 2016 #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of p3ia, Public Works, Parks & Streets Streets Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 13.06 LAST JOB TITLE NAME Jason D. Gadley Sr. LAST DEPARTMENT DATE ADDRESS 107 Rohr St. LAST SALARY CITY & ZIP Buffalo 14211. LAST 4 DIGITS OF SSN. XXX -XX -14211 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 52002601 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2015-067 SALARY RANGE OF POSITION $13.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 5/19/16 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COS TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 6/1/16 in the Department of Audit and Control Division of Comptroller's Office to the Position of Intern VI (Part-time) Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Fiat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE NAME Rayna J. Moncrieffe LAST DEPARTMENT DATE ADDRESS 42 Meadowview Place LAST SALARY CITY & ZIP Buffalo, NY 14214 LAST 4 DIGITS OF SSN. XXX -XX -2024 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10441001 TITLE CODE NO 1775 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5674 SALARY RANGE OF POSITION $10.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Anne Forti-Sciarrino, CPA TITLE OF APPOINTING. AUTHORITY: Deputy Comptroller DATE: 6/2/16 SIGNATURE OF APPOINTING AUTHORITY: - 612-1 /6 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) 013V1 No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. June 7, 2016 #3 (Rev 08-15) Certificate of Appointment In compliance with provisions of Section 24.2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I Transmit this certification of appolntmenl(e) or promollon(e). 1 further certify that the person(s) named In Schedule "A have been certified or approved by the Human Resources / Civil Service Administration for the following: Appointment Effective: May 31, 2016 in the Department of: Police Division of: Admln and Communications to the position of: Civilian School Crossing Guard (Insert One): Permanent (Insert One): Appointment (Insert One) at the: First Step (of 5 Step) Starting Salary: $ 11.22 Schedule °A" LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ DATE LAST 4 DIGITS OF SSN#: 2335 DATE LAST 4 DIGITS OF SSN#: DATE LAST 4 DIGITS OF SSN#: DATE LAST 4 DIGITS OF SSN#: NAME Carolyn Bell • ADDRESS 84 Kimberly CITY & ZIP Buffalo, NY 14220 NAME .ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY $ CITY & ZIP LAST 4 DIGITS OF SSN#: REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE: 12024001412001 BUDGET ACCT. OBJ : 12024001412001 SALARY RANGE OF POSITION: $11.22 - $11_50 REASON FOR APPT. ABOVE THE MINIMUM PROJ. ID. TITLE CODE NO.: KV PERSONNEL REQ. NO.: 15-100 PER: HOURLY NAME OF APPOINTING AUTHORITY: Daniel Derenda TITLE OF APPOINTING AUTHORITY: Commissioner of Police DATE: Mav 24-2916 SIGNATURE OF APPOINTING AUTHORITY: • 1 ORIGINAL +3 COPIES T0: CITY CLERICS OFFICE (ON/BEFORE APPOINTMENT DATE) f OTHER COPIES TO: 1 COPY TO: COMPTROLLER; 1 COPY TO: HUMAN RESOURCES/CIVIL SERVICE ADMINISTRATION; 1 COPY TQ: BUDGET OFFICE; 1 COPY TO: DEPARTMENTAL PAYROLL OFFICE; •1COPY TO: DIVISION; 1 COPY TO: EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 5123/16 in the Department of Mayor's Office of Strategic Planning Division of Planning, Zoning & Land Use to the Position of Senior Panner Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVISIONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) OPEN -COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 50,009 LAST JOB TITLE NAME Chris Hawley LAST DEPARTMENT DATE ADDRESS 500 Connecticut Street LAST SALARY CITY & ZIP Buffalo, 14213 LAST 4 DIGITS OF SSN. XXX -XX -8939 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10309001 TITLE CODE NO 4221 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-226 SALARY RANGE OF POSITION $50,009 - $57,534 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Brendan Mehaffy TITLE OF APPOINTING. AUTHORITY: Executive Director DATE: 5/19/16 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Correcieek Coq Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Streets Truck Driver Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVIS10NAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) OPEN -COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 24,377 (Step 11) LAST JOB TITLE LAST DEPARTMENT LAST SALARY . , LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -7482 NAME ADDRESS CITY & ZIP DATE LAST 4 DIGITS OF SSN. XXX -XX - NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CML SERVICE Barry Martin 337 i-/1 SA L VC Buffalo 14215 BUDGET ORG. CODE 52002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-254 SALARY RANGE OF POSITION $24,377 - $37,447 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: 1 AUTHORITY NAME OF APPOINTING: .r. Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 5/11/16 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL +2 C6fiES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE, #5- BUDGET #6- DEPARTMENT #7- DIVISIOWI'l'#8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 5p3/,‘, Public Works, Parks & Streets Streets Truck Driver Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVISIONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Starting Salary of $ 24,377 (Step 11) LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION DATE LAST 4 DIGITS OF SSN. XXX -XX -7482 OPEN -COMPETITIVE MINIMUM NAME ADDRESS CITY & ZIP NAM E DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE 52002601 411001 PROJ. ID $24,377 - $37,447 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 5/11/16 /ye. Barry Martin 130 Cambridge Buffalo 14215 TITLE CODE NO 6021 PERSONNEL REQ. NO 2015-254 PER YEAR DAY HOUR YEAR ORIGINAL + 2 C IES TO: ; CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment \b In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 5IZ3Iil0 Public Works, Parks & Streets Streets Truck Driver Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVISIONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) OPEN -COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY (Insert one) $ 24,377 (Step 11) DATE LAST 4 DIGITS OF SSN. XXX -XX -6427 LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX - BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION MINIMUM NAME ADDRESS CITY & ZIP NAM E ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE 52002601 411001 PROJ.ID $24,377 - $37,447 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 5/18/16 Brian L. Williams 374 Doat St. Buffalo 14211 TITLE CODE NO 6021 PERSONNEL REQ. NO 2015-253 PER YEAR DAY HOUR YEAR ORIGINAL + 2 COPI0: 5. CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES) #4 (Rev 7-07) Certificate of Appointment rni 12 In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: -3-1 L/ /HO in the Department of Public Works, Parks & Streets Division of Streets to the Position of Truck Driver Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVISIONAL Open -Competitive; Promotional, Non -Competitive, Exempt (Insert one) OPEN -COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 24,377 (Step 11) LAST JOB TITLE NAME Sasiya Davis LAST DEPARTMENT DATE ADDRESS 20 Oxford Ct. LAST SALARY CITY & ZIP Buffalo 14204 LAST 4 DIGITS OF SSN. XXX -XX -2115 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 52002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2015-255 SALARY RANGE OF POSITION $24,377 - $37,447 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 5/18/16 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COMES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7-07) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of 5 /a3/lc, Public Works, Parks & Streets Engineering Engineering Inspector Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVISIONAL Open -Competitive, Promotional, Non -Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY PROMOTIONAL (Insert one) MINIMUM $ 47,107 (Step 1) Engineering Aide DPW DATE 5/16 $41,530 LAST 4 DIGITS OF SSN. XXX -XX -9245 BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION NAME ADDRESS CITY & ZIP NAM E DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE 13112001 411001 PROJ. ID $47,107 - $54,073 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 5/20/16 Joseph Ziemba 12 Fields Ave. Buffalo 14210 TITLE CODE NO 3100 PERSONNEL REQ. NO 2015-231 PER YEAR DAY HOUR YEAR ORIGINAL + 2 CG IES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) NON -OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON -OFFICIAL COMMUNICATIONS June 7, 2016 9 \ 01345 NEWYORK Homes and STATE OF OPPORTUNITY. Community Renewal ANl)I4I:\'V M. CUOMO JA11ES S. RUIIIN Governor C'illnrl1issioner/(.'1:( ) May 31, 2016 The Hon. Mayor Byron Brown City of Buffalo 201 City Hall Buffalo, NY 14202 The Hon. Darius Pridgen President, City of Buffalo Common Council 1315 City Mall Buffalo NY 14202 Re: Shoreline Apartments Dear Mayor Brown and President Pridgen: 1ICR has worked closely with the City of Buffalo to realize a new vision for the Shoreline Apartments property, one that would bring much needed investment and better quality design to mixed income housing, improving the quality of life for Shoreline's tenants and the neighborhood. We strive to work with our partners to provide high quality, energy efficient housing that will be an asset to the community and the residents of Shoreline for many years to come. HCR is committed to proceeding with Shoreline's redevelopment in a manner that minimizes the impact on, and maximizes the benefit for, the existing tenants. HCR financed a first phase that is currently under construction and is in discussions with Norstar relating to the redevelopment of the remaining buildings. As such. in advance of the Council's hearing later today. we are providing you with a copy of the attached letter from 11CR's Counsel to Norstar, Shoreline's owner, Please note that HCR will require Norstar to aid in any temporary relocation of Shoreline's tenants related to the redevelopment. [IC.'R will also require that Norstar offer tenants adequate assistance in locating an apartment and in covering the cost of moving expenses. Finally. IICR will also require Norstar to hire an independent agency to assist with temporary relocation. 3� 0134E NEWYORK Homes and STATE OF OPPORTUNITY, Community Renewal ANDREW M. CUOMO JAMES S. RUBIN Governor Commissioner/CEO Via Email: Ieoodman(Mnorstarus.com Linda L. Goodman, Vice President Norstar Development USA, L.P. 200 South Division Street Buffalo, New York 14204 Re: Waterfront Apartments / Shoreline II - Buffalo Dear Ms. Goodman: (212) 480-4739 May 27, 2016 HCR is in receipt of Norstar's draft relocation plan and other items attached to your May 18, 2016 email to Bret Garwood. HCR is evaluating the submissions and will respond to Norstar's draft plan in a timely manner. However, unless and until a relocation plan is approved by HCR, Norstar and its agents must refrain from any relocation efforts at Shoreline and refrain from any actions that may encourage the relocation of existing residents. Irrespective of motive, Norstar's efforts to advise residents of anticipated events and assist residents with certain aspects of relocation might reasonably be viewed as an effort by Norstar to relocate residents without providing benefits associated with an HCR - approved relocation plan. Additionally, as you know, the project remains subject to the HCR's oversight pursuant to Article 2 of the State's Private Housing Finance Law ("PHFL"). As such, I remind you of Norstar's ongoing obligation under the PHFL and HCR's Mitchell -Lama regulations to maintain its buildings and grounds and provide required services for residents. In addition to Norstar's legal obligations to maintain and provide services, any reduction in maintenance or services could reasonably be viewed as an effort to encourage residents to relocate without the benefits associated with an HCR - approved relocation plan. Thanks for your anticipated cooperation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT., Sincerely, Pa Mark Palomino, Counsel Division of Housing and Community Renewal 25 Beaver St., New York NY 10004 I www.nyshcr.org 01347 K. LARK -INFO EVICTION FROM SHORELINE APARTMENTS Item available for review in the City Clerk's Office REFERRED TO THE COiVIMITii E ON COMMUNITY DEVELOPMENT., 3? -A H cuA.C.Z. •"\ cAN ik 0, 0 Y\ 0 kOLVe, kko.te.Q„ Q 4QL- yv\o,_11\1 o ' /45-7 4 tre ctitjyrit 5 5 e_61f/6 we- e etzre 5757c irow/iiy 444;1114, <5- /7/4 /C./Loa igm i siu.s, 4 r-&15aed 10 lit sopt&.),‘,/ tare 47 ewe, Fay &jMr 1,t5g- -57 Ito f).. ay- vepee, e, ow<erIA, IVLVe( i e Q_CAJA-- ‘A,e,117 kxs F 01348 Notice to Municipality May 19, 2016 VIA CERTIFIED RETURN RECEIPT City of Buffalo Clerk 1308 City Hall Buffalo, NY 14202 Re: Environmental Easement Dear Sir or Madam: Attached please find a copy of an environmental easement granted to the New York State Department of Environmental Conservation ("DEC") On May 2, 2016 By 132 Dingens St, LLC For property at' 132 Dingens Street, Buffalo, NY 14206 Tax Map No. ' 112.:19-1-14.11 • . . DEC Site No:. C915263 The environmental easement for the above -referenced properties has been filed in the Erie County Clerk's Office on May 17, 2016. This Environmental Easement restricts future use of the above -referenced property to commercial or industrial uses.. Any on-site activity must be done in accordance with the Environmental Easement and the Site Management Plan which is incorporated into the Environmental Easement. Department approval is also required prior to any groundwater use.) Article 71, Section 71-3607 of the New York State Environmental Conservation Law requires that: 1. Whenever the department is granted an environmental easement, it shall provide each affected local government with a copy of such easement and shall also.- provide a ' copy 'of any documents modifying or terminating such environmental easement. 1k1 2. Whenever an affected local government receives an application for a building permit or any other application affecting land use or development of land that is subject to an environmental easement and that may relate to or impact such easement, the affected local government shall notify the department and refer such application to the department. The department shall evaluate whether the application is consistent with the environmental easement and shall notify the affected local government of its determination in a timely fashion, considering the time frame for the local government's review of the application. The affected local government shall not approve the application until it receives approval from the department. An electronic version of every environmental easement that has been accepted by this Department is available to the public at: http://www.dec.nv.aov/chemica1/36045.htm1. If you have any questions or comments regarding this matter, please do not hesitate to contact me. /ds Enc. 'RECEIVED AND FILED 2 Very truly yours, Deanne Stachowski 4-7 3)112q1# `5 County: Erie Site No: C915263 Brownfield Cleanup Agreement Index : C915263-05-12 as amended August 14, 2012 FIIL MAY 1./ '10' 6 ENVIRONMENTAL EASEMENT GRANTED PURSUANT TO ARTICLE 71, TITLE 36 E COUNTY OF THE NEW YORK STATE ENVIRONMENTAL CONSERVATION h'$ ()FACE THIS INDENTURE made this '2N/9,4y of 14/4i —, 20f$, between Owner(s) 132 Dingens St, LLC, having an office at 1 Babcock Street, Buffalo, New York 14210, County of Erie, State of New York (the "Grantor"), and The People of the State of New York (the "Grantee."), acting through their Commissioner of the Department of Environmental Conservation (the "Commissioner", or "NYSDEC" or "Department" as the context requires) with its headquarters located at 625 Broadway, Albany, New York 12233, WHEREAS, the Legislature of the State of New York has declared that it is in the public interest to encourage the remediation of abandoned and likely contaminated properties ("sites") that threaten the health and vitality of the communities they burden while at the same time ensuring the protection of public health and the environment; and WHEREAS, the Legislature of the State of New York has declared that it is in the public interest to establish within the Department a statutory environmental remediation program that includes the use of Environmental Easements as an enforceable means of ensuring the performance of operation, maintenance, and/or monitoring requirements and the restriction of future uses of the land, when an environmental remediation project leaves residual contamination at levels that have been determined to be safe for a specific use, but not all uses, or which includes engineered structures that must be maintained or protected against damage to perform properly and be effective, or which requires groundwater use or soil management restrictions; and WHEREAS, the Legislature of the State of New York has declared that Environmental Easement shall mean an interest in real property, created under and subject to the provisions of Article 71, Title 36 of the New York State Environmental Conservation Law ("ECL") which contains a use restriction and/or a prohibition on the use of land in a manner inconsistent with engineering controls which are intended to ensure the long term effectiveness of a site remedial program or eliminate potential exposure pathways to hazardous waste or petroleum; and WHEREAS, Grantor, is the owner of real property located at the address of 132-136 Dingens Street in the City of Buffalo, County of Erie and State of New York, known and designated on the tax map of the County Clerk of Erie as tax map parcel numbers: Section 112.19 Block 1 Lot 14.11, being the same as that property conveyed to Grantor by deed dated June 20, 2012 and recorded in the Erie County Clerk's Office in Liber and Page 11225/899. The property subject to this Environmental Easement (the "Controlled Property") comprises approximately 13.2 +/- acres, and is hereinafter more fully described in the Land Title Survey dated January 12, 2012 and last revised March 10, 2016 prepared by Daniel J. Regan, NYSLLS, which will be attached to the Site Management Plan. The Controlled Property description is set forth in and attached hereto as Schedule A; and WHEREAS, the Department accepts this Environmental Easement in order to ensure the protection of public health and the environment and to achieve the requirements for remediation Environmental Easement Page 1 County: Erie Site No: C915263 Brownfield Cleanup Agreement Index : C915263-05-12 as amended August 14, 2012 established for the Controlled Property until such time as this Environmental Easement is extinguished pursuant to ECL Article 71, Title 36; and NOW THEREFORE, in consideration of the mutual covenants contained herein and the terms and conditions of Brownfield Cleanup Agreement Index Number: C915263-05-12 as amended August 14, 2012, Grantor conveys to Grantee a permanent Environmental Easement pursuant to ECL Article 71, Title 36 in, on, over, under, and upon the Controlled Property as more fully described herein ("Environmental Easement"). 1. Purposes. Grantor and Grantee acknowledge that the Purposes of this Environmental Easement are: to convey to Grantee real property rights and interests that will run with the land in perpetuity in order to provide an effective and enforceable means of encouraging the reuse and redevelopment of this Controlled Property at a level that has been determined to be safe for a specific use while ensuring the performance of operation, maintenance, and/or monitoring requirements; and to ensure the restriction of future uses of the land that are inconsistent with the above -stated purpose. 2. Institutional and Enaineerina Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. A. (1) The Controlled Property may be used for: Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment as determined by the NYSDOH or the Erie County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915263 Brownfield Cleanup Agreement Index : C915263-05-12 as amended August 14, 2012 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-1.8(g)(2)(i) and (ii), and the above -stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to- date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 Broadway Albany, New York 12233 Phone: (518) 402-9553 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department -approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen -point bold-faced type: This property is subject to an Environmental Easement held Environmental Easement Page 3 County: Erie Site No: C915263 Brownfield Cleanup Agreement Index : C915263-05-12 as amended August 14, 2012 by the New York State Department of Environmental Conservation pursuant to Title 36 of Article 71 of the Environmental Conservation Law. F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-1.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department -approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete. 3. Richt to Enter and Inspect. Grantee, its agents, employees, or other representatives of the State may enter and inspect the Controlled Property in a reasonable manner and at reasonable times to assure compliance with the above -stated restrictions. 4. Reserved Grantor's Rights. Grantor reserves for itself, its assigns, representatives, and successors in interest with respect to the Property, all rights as fee owner of the Property, including: A. Use of the Controlled Property for all purposes not inconsistent with, or limited by the terms of this Environmental Easement; B. The right to give, sell, assign, or otherwise transfer part or all of the underlying fee interest to the Controlled Property, subject and subordinate to this Environmental Easement; Environmental Easement Page 4 County: Erie Site No: C915263 Brownfield Cleanup Agreement Index : C915263-05-12 as amended August 14, 2012 5. Enforcement A. This Environmental Easement is enforceable in law or equity in perpetuity by Grantor, Grantee, or any affected local government, as defined in ECL Section 71-3603, against the owner of the Property, any lessees, and any person using the land. Enforcement shall not be defeated because of any subsequent adverse possession, laches, estoppel, or waiver. It is not a defense in any action to enforce this Environmental Easement that: it is not appurtenant to an interest in real property; it is not of a character that has been recognized traditionally at common law; it imposes a negative burden; it imposes affirmative obligations upon the owner of any interest in the burdened property; the benefit does not touch or concern real property; there is no privity of estate or of contract; or it imposes an unreasonable restraint on alienation. B. If any person violates this Environmental Easement, the Grantee may revoke the Certificate of Completion with respect to the Controlled Property. C. Grantee shall notify Grantor of a breach or suspected breach of any of the terms of this Environmental Easement. Such notice shall set forth how Grantor can cure such breach or suspected breach and give Grantor a reasonable amount of time from the date of receipt of notice in which to cure. At the expiration of such period of time to cure, or any extensions granted by Grantee, the Grantee shall notify Grantor of any failure to adequately cure the breach or suspected breach, and Grantee may take any other appropriate action reasonably necessary to remedy any breach of this Environmental Easement, including the commencement of any proceedings in accordance with applicable law. D. The failure of Grantee to enforce any of the terms contained herein shall not be deemed a waiver of any such term nor bar any enforcement rights. 6. Notice. Whenever notice to the Grantee (other than the annual certification) or approval from the Grantee is required, the Party providing such notice or seeking such approval shall identify the Controlled Property by referencing the following information: County, NYSDEC Site Number, NYSDEC Brownfield Cleanup Agreement, State Assistance Contract or Order Number, and the County tax map number or the Liber and Page or computerized system identification number. Parties shall address correspondence to: With a copy to: Site Number: C915263 Office of General Counsel NYSDEC 625 Broadway Albany New York 12233-5500 Site Control Section Division of Environmental Remediation NYSDEC 625 Broadway Albany, NY 12233 All notices and correspondence shall be delivered by hand, by registered mail or by Certified mail Environmental Easement Page 5 { County: Erie Site No: C915263 Brownfield Cleanup Agreement Index : C915263-05-12 as amended August 14, 2012 and return receipt requested. The Parties may provide for other means of receiving and communicating notices and responses to requests for approval. 7. Recordation. Grantor shall record this instrument, within thirty (30) days of execution of this instrument by the Commissioner or her/his authorized representative in the office of the recording officer for the county or counties where the Property is situated in the manner prescribed by Article 9 of the Real Property Law. 8. Amendment. Any amendment to this Environmental Easement may only be executed by the Commissioner of the New York State Department of Environmental Conservation or the Commissioner's Designee, and filed with the office of the recording officer for the county or counties where the Property is situated in the manner prescribed by Article 9 of the Real Property Law. 9. Extineuishment. This Environmental Easement may be extinguished only by a release by the Commissioner of the New York State Department of Environmental Conservation, or the Commissioner's Designee, and filed with the office of the recording officer for the county or counties where the Property is situated in the manner prescribed by Article 9 of the Real Property Law. 10. Joint Oblieation. If there are two or more parties identified as Grantor herein, the obligations imposed by this instrument upon them shall be joint and several. Remainder of Page Intentionally Left Blank Environmental Easement Page 6 , County: Erie Site No: C915263 Brownfield Cleanup Agreement Index : C915263-05-12 as amended August 14, 2012 IN WITNESS WHEREOF, Grantor has caused this instrument to be signed in its name. 132 Dingens St, LLC: By: Print Name: James Panepinto Title: ManagerDate: 4/5/16 Grantor's Acknowledgment STATE OF NEW YORK ) ss: COUNTY OF On the 5th day of April , in the year 201 6 , before me, the undersigned, personally appeared James Panepinto, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. t 17.4 State of NevJVork Notary P41i Allison K. Laurienzo Notary Public State of New York Qualified in Erie County My Commission Expires t(1. -Ilk, Environmental Easement Page 7 A , County: Erie Site No: C915263 Brownfield Cleanup Agreement Index : C915263-05-12 as amended August 14, 2012 THIS ENVIRONMENTAL EASEMENT IS HEREBY ACCEPTED BY THE PEOPLE OF THE STATE OF NEW YORK, Acting By and Through the Department of Environmental Conservation as Designee of the Commissioner, By: Robert W chick, Director Divisio of Environmental Remediation Grantee's Acknowledgment STATE OF NEW YORK ) ) ss: COUNTY OF ALBANY ) On the at' day of , in the year 20Ik before me, the undersigned, personally appeared Robert W. Schick, ersonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name is (are) subscribed to the within instru et and acknowledged to me that he/she/ executed the same in his/her/ capacity as Designee of the Co missi . - r of the State of New York Department of Environmental Conservation, and that b his her/ s', •ture on the instrument, the individual, or the person upon behalf of which the indiv dual acte , - cued the instrument. ~4!11 Notary :Cr o' ew York David 3. Chiusano Notary Public, State of New Yank No. 01015032146 Caumt Commission in S 2, 20 ��itmieeion Expires August Environmental Easement Page 8 33< County: Erie Site No: C915263 Brownfield Cleanup Agreement Index : C915263-05-12 as amended August 14, 2012 SCHEDULE "A" PROPERTY DESCRIPTION ALL TI -IAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie and State of New York, being part of Lots Nos. 150, 151 and 152, Township 10, Range 7 of the Buffalo Creek Reservation and further bounded and described as follows: Beginning at a point on the north line of Dingens Street distant 1,200.00 feet east from the point of intersection of the north line of Dingens Street with the east line of Bailey Avenue as now laid out, said point being the southeast comer of lands conveyed by Deed recorded in Liber 3889 of Deeds at page 293; Thence east along the north line of Dingens Street a distance of 237.82 feet to the most southerly southwest corner of lands conveyed to the City of Buffalo Urban Renewal Agency by Deed recorded in Liber 10094 of Deeds at page 192; Thence northeasterly at a clockwise angle of 133' 20' 16" and along the lands conveyed by said last mentioned Deed a distance of 1075.0 feet to a point; Thence northwest at right angles to the last described line and along the lands conveyed by last mentioned Deed a distance of 300.0 feet to a point; Thence southwesterly at a clockwise angle of 107° 10' 48" and along the lands conveyed by said mentioned Deed a distance of 369.66 feet record and 369.35 feet measured to a point; Thence continuing southwesterly at a clockwise angle of 170° 12' 08" and along the lands conveyed by said last mentioned Deed a distance of 316.44 feet to a point; Thence northwesterly at right angles to the last described line a distance of 72.94 feet to a point; Thence southwesterly at a clockwise angle of 107° 47' 08" and along the lands conveyed by said last mentioned Deed a distance of 264.57 feet to a point; Thence continuing southwesterly at a clockwise angle of 184° 34' 01" and along the lands conveyed by said last mentioned Deed a distance of 423.71 feet to a point on the westerly line of lands conveyed to Pfeil Cooperage Inc. by Deed recorded in Liber 2343 of Deeds at page 333, said point being 231.0 feet southerly of the northwest comer of lands conveyed by said last mentioned Deed; Thence southeasterly and along the westerly line of lands conveyed by said Last mentioned Deed and at a clockwise angle of 86° 28' 04" a distance of 106.03 feet to lands described in Parcel 3 in a Deed to the Erie Railroad Company by Deed recorded in Liber 2053 of Deeds at page 223; Thence southwesterly at a clockwise angle of 282° 33' 35" and along the Erie Railroad Company's lands a distance of 232.49 feet to a point; Thence southerly at a clockwise angle of 97° 54' 00" a distance of 20.19 feet to its intersection with a line drawn parallel with and distant 20 feet southerly measured at right angles from a course marked "Line C" on a map accompanying aforesaid Deed to Erie Railroad Company and recorded Environmental Easement Page 9 County: Erie Site No: C915263 Brownfield Cleanup Agreement Index : C915263-05-12 as amended August 14, 2012 in Liber 2053 of Deeds at page 223; Thence northeasterly at a clockwise angle of 82° 06' 00" a distance of 700.78 feet to the northeast corner of lands conveyed by Deed recorded in Liber 3889 of Deeds at page 293, said point also being in the north line of lands conveyed by Deed recorded in Liber 10883 of Deeds at page 8504; Thence southerly at a clockwise angle of 277° 01' 50" and along the easterly line of said Liber 3889 of Deeds at page 293 a distance of 386.65 feet record and 386.67 feet measured to a point on the north line of Dingens Street at the point of beginning. Containing 13.20 acres more or less. Environmental Easement Page 10 Itoe 1 ,2016 1.349 1,26`\ A. Mohamad, Owner, Use 3178 Bailey to Convert an Existing Tavern to a Deli/Take Out/Ice Cream Shop and Store (Univ)(hrg 6/14) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics TIANNA M. MARKS Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics OFFICE OF THE CITY CLERK 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851-4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: To be held in the Council Chamber, 13th Floor, City Hall on: I am also inform • that t am not t e'o ; ner or .etiti Signe Print Nam At 2:00 om is the only notice that the petitioner and or owner will receive, and that if I ner, I will inform said owner, petitioner or his/her agent of the above (iv th.oka Date - 6 (9.1-4 ``" / (Age t, Owner) Phone # 1 t Attention / �i � �/ CONTACT THE PLANNING BOARD, Room 901, 851-5085 FOR PLANNING BOARD DATE & TIME iffir; CONTACT THE ZONING BOARD, Room 901, 851-5082 FOR ZONING BOARD DATE TIME �f CONTACT THE COUNCILMEMBER IN YOUR DISTRICT C V lam) O f A ('5 0 v� r 7/5 G City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851-4949 Fax (716)851-5472 Report Date 5/24/2016 A/P # USE16-9415907 Processed Issued Final 4/7/2016 11:24:31AM By fdigennaro By By Type of Work # Plans 0 Priority # Pages 0 Declared Valuation Calculated Valuation Actual Valuation ***plans/common council approval(public hearing) required 511-65D.*** convert and existing tavern on the first floor of a 2 story mixed use frame building to a deli / take out / ice cream shop and store. Address Location 3178 BAILEY BUFFALO, NY 14215 Contact ID 12058376 Mailing Address Day Phone Primary Y SBL 0902400002026000 3At USE Permit Application $30,000.00 $0.00 $0.00 Page 1 of 2 Name ALMUTASIM BILLAH AHMED 570 RIDGE RD LACKAWANNA, NY 14218 Building Sewer Plumbing N N Y Electrical Y HVAC N Elevator N Fire Y 01350 M. Monalra, Agent, Use 399 Ohio to Open Bar "Beach Club" in the Buffalo Coastal Special Review District (Fill)(hrg 6/14) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics TIANNA M. MARKS Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics OFFICE OF THE CITY CLERK 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851-4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: X(19 CTho To be held in the Council Chamber, 13th Floor, City Hall On: Jus 14, (6) At 2:00 pm *PLANNING BOARD MEETING WILL BE AT 4:00 pm Room 901 ON .1 JS L 13 , 2 b\Lip *FAILURE TO APPEAR BEFORE THE PLANNING BOARD AND THE COMMON COUNCIL WILL DELAY YOUR PROJECT Phone number for Planning Board 851-5085 I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his/her agent of the above. Signed Print Name MP SE.1-,.. tkivo/ k.1/lpi�_ Date 31g- Q (Agent,Owner) Phone # 1 ' (n nl\ ATTENTION - CONTACT THE COUNCILMEMBER IN YOUR DISTRICT 1 rail 7 K "a (R�- I IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON 2I ). 2.C1L { IF APPROVED AT THE FULL COUNCIL MEETING THE ITEM WILL GO TO THE MAYOR FOR APPROVAL THE MAYOR HAS UNTIL .JL4JEII 1I"j 9!.)1L7 TO RETURN THE ITEM TO THE CITY CLERK'S OFFICE *City of Buffalo 65 Niagara Square Buffalo, NY 14202 Report Date 5/20/2016 /VP 0�W17G37 Processed Issued Final 5/20/2016 3:45:13PM By camdur By by Type 0! Work # Plans 0 Priority # Pages 0 Declared Valuation Calculated Valuation$0.00 Actual Valuation USE Permit Application $1.00 $0.00 "'COMMONCOUNCIL APPROVAL REQUIRED (W/HEARING AND FEEy RESTRICTED USE PERMIT TO OPEN A BAR "BEACH CLUB" IN THE BUFFALO COASTAL SPECIAL REVIEW DISTRICT 511-67.A.(3).(a). Address Location 399 OHIO BUFFALO, NY 14204 Contact ID 11933053 Primary N SBL 1221000002007210 Name CARL PALAD|NO REVOCABLE TRUST Mailing Address 295 MAIN ST STE 210 BUFFALO, NY 14203 Day Phone Contact ID 11933054 Primary N Name LOUIS MAGNANO Mailing Address 295 MAIN ST STE 210 BUFFALO, NY 14203 Day Phone Contact ID 11060066 Primary Y Name ELLICOTT CONSTRUCTION INC.(GNC Mailing Address 210 ELLICOTT SQ. SUITE 210 BUFFALO, NY 14203 - Day Phone 42O3OeVPhono (716)854-0060x Application Fee U Page 1 of 2 — 013 1 R,,2° C. Smith, Agent, Ilse 56, 60, 64, 70, 72, 74, 76 Otis Place from CM & R3 to a TD for Development of a Mixed Use Project with 100 Residential Units (Masten)(hrg 6/14) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD OF APPEALS 7 e 9 GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics TIANNA M. MARKS Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics OFFICE OF THE CITY CLERK 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851-4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: �arA� '1(s ,14.11,16.4,-1 mac. tS, To be held in the Council Chamber,13th Floor, City Hall on: ,tAxt 11/4-1I 16k. At 2:00 DM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his/her agent of the above Signed Print Name Date co <, A. (S'rtc ) fk Phone# 3 -- 48/ 5— Attention o.6 CONTACT THE PLANNING BOARD, Room 901, 851-5085 FOR PLANNING BOARD DATE & TIME • ,:ru", 1.31 a.ote, i ri aii, 8J _ ".V. -—Tr r\ CONTACT THE COUNCILMEMBER IN YOUR DISTRICT Cl�vr-c.Avtvel..64k (,,1 s 1°4... (414 ESI "Sl GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics TIANNA M. MARKS Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics OFFICE OF THE CITY CLERK '01 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851-4845 NOTICE OF HEARING FOR CHANGE IN ZONING MAP PURSUANT TO BUFFALO CITY CODE §511-126 Dear Resident: Re: Rezoning of 56, 60, 62, 64, 70, 72, 74, 76 Otis Place PLEASE TAKE NOTICE that a Petition has been filed by Colby Smith on behalf of Willoughby Exchange, LLC with a Business Address of 1523 Main Street, Buffalo, New York 14209 to amend the Zoning Map established by §511-6 of the Buffalo City Code by changing the zoning of: 56, 60, 62, 64, 70, 72 & 74 Otis Place, Buffalo, New York 14209 From: R3 — Dwelling District To: TD — Transit Station District 76 Otis Place, Buffalo, New York 14209 From: CM - Central Commercial District To: TD — Transit Station District The stated purpose of said rezoning being for Development of a Mixed Use Project with 100 Residential Units PLEASE TAKE FURTHER NOTICE that a public hearing will be held on the application at the Legislation Committee Meeting in Council Chambers, 13th Floor, City Hall, 65 Niagara Square, Buffalo, NY 14202 on Tuesday, June 14, 2016 at 2:00 p.m. Gerald A. Chwalinski City Clerk Dated: May 25, 2016 PETITION TO AMEND ZONING HAP (MUST BE. FILED IN QUADRUPLICATE) (REVISED JANUARY 1993) APPROVED AS TO, POW ON Y' DATE: -1 (-IV, BY: Division of Planning Room 901 City Hall '1'0: TIIE COMMON COUNCIL OI? 771E CITY OF BUFFALO: Pursuant to Article XXV Section 511-126 of•Chapter51'1 of the Code of the City of Buffalo, the undersigned petitioner hereby makes application for an amendment or change In the Buffalo Zoning Map concerning oertain premises in the'oity as follows: 1. Name ,and :Address :of Petitioner: t/i/o ;.I.1y Xilerhbute , 4erf. /5.73 rl,'43z.G cam, ivy ix/Ay? 2. Description of property sought to be rezoned by street and Address: (this ruuat be verified by the Survey Office- division of Engineering- Room 605 City hall.) oris Pi.. -cam z;,frm.a 7V 7.a, 7©4y, 42 t.o st Orli ee A3 20,,,,A7 Cr 3. Total area of property to be rezoned in square feet: it Oi)S o?, T ?' 66( -, 4. If the petitioner Is not the owner of the premises give : OTIS 45;000 R S -14:7 A. -Name of ow Addrems(es a;7 c+ 410 0 GR.4-,14Jli or(7 I1. What to Interest of petitioner in this proposed Zoning Amendment ? ' F pet/61aiedfrGwc :6' ,4 -Mi t---r'$(A, Pagel etr- w61 -Z 5. An accurate survey, by a licensed surveyor, of the property, showing dimensions and all boundary lines, and the•looation o1 all structures on the premises_.To be attached on both original and copies of petition. / 00 gas . /4l r 7+r 6. Legal description, by metes and bounds of the property sought to be rezoned: /1---r '64R .cz97/9 , 440 n 1. !'resent zoning classification or premises: CM d 12.3 0. Proposed zoning classification of premises: 7 `� Chi 9. !'resent use of preaiae41. fit' S,/ j,7::// . hferi ee + Q416CC? (440 10. Proposed use -of premises: Cai tri F,►T � 5%2-3 .1174-rs•-• f t .a /19. rr .q►' Use S-yf/.e.,a;.4 dam_/ _iuP .v affil. 11. Description of uses on premises adjacent to the proposed rezoning request and the general description of the tied of neighborhood this area is situated: -North- CM , J.% fr 4Lrr, • Bast- S �'e/lr�wr•_L-C l «s south -r Q? _ /2ra/doe41-1;/.41-f._ !d ?$/...4,e-, r ,r Weal-etha#10.40641. Irl oci a 000, Nelohbor'mod desori tion- /?�p,Sr, ..S't: 4421-/-4i,• �•w. r /, open 9-44/ 12. fesorlption of the ad North- East- rc South- ' '. ; K3 West-. 1c>� ening diatriets surrounding property to be rezoned: (EXTRA SHEETS MAY BE. ADDED IF NC DED .TD -RNSWEl•• ANv niumirturce PAGE i 2 (Revised I/93) 13. Mup showing ail properties, and owners or such properties, included in the ..proposed change, and all properties hexing a. frontage on both sides of the public) highway or highways upon which any promisee included in the proposed change have a frontage, within 400 feet in both directiona along such highway or highways from the neatest aide line .or nearest side line extended, or the premises ineluded in the proposed change; and also, the names of the owners of all . properties iocatedmithin:50 feeb,oT tbe rear or side line of any premises included in the proposed ohange must be attached on the original and all copies of the petition. 14. List of all ownere and aurrent mailing addresses as shown on the above map, required In accordance with Section 511-125 0 (2) of Chalker 511 of the Code of the City of Buffalo: .NOTE: PETITIONER IF RESPONSIBLE FOR AN. CCURATE LISTING OF ALL PROPERTY OWNERS.WITP CURRENT MAILING ADDRESSES TO INSURE PROPER NOTIFICATION TO ALL PERSONS LEGALLY ENTAiLE0 1O SUCU. NOTICE:: • Name (Pleaue PRINT) Address (Please POINT) 1. /9174.6,1REz2 /244/.1 . 3. 5. 6. 7.- 8. 9. 10. 11. 2. 13. 111. 15. 16. 17. 10. 19. 20. 22. 23. 24. 25. 26. 27. 26, 29. 30. 31. 33. 34. 35. 36. 37- 38. 39. 40. 41. 42. 44. 45. 116. 47. 49. 50. :.,,- (USE EXTRA, StikETS-IF-NECRSARVI 3 PAI: 4 1 ('I evlsed' 1/93) 15. The petitioner states the use under the proposed amendment to the zoning map is •nc►t oontrary to or In violation of any private agreement, building restrlotloes 'or other ;legal reatriotLons of record. The petitioner holds that the proposed rezoning Is not inconsistent with a well considered plan for ttie development o1' the City as doscrlueii in Section 511- 2, of Chapter 511 of the Code of the City of tiuffa'lo, and that the proposed zoning 1.3 not In conflict wLLh loeai obJooLives In the development of the City -as a whole. 1t3. The foi.Luwlgg additional information is furnIahed `by tt►e petitioner to assist the Common council In ta'conaideration of the.matter .sot forth'in the petition: V%t4.i. seilg /. �7 / ✓ - yr.y) .,...c -,,m :1!APded _ ./. t.,-, ff�0 17. Every-uppt.Lcatl.on, petition or request for a change of •zoning, or Cor a variance or amendment of the zoning or planning regulations, and every application, petlti.on or request for the approval of a plat or for the exemption from a plat, official map, ltoense.or permit, shall contain the following: (A) State, to the extent known by the'applleant, whether any State officer or any officer of the County of Erie. or the City of Mittel() or any employee of said County or Ctty has any interest: in the aforesaid applicatior►: (YES) (No) (11) State name and address of the ato esaid'interested person or persons: (C) State the nature and extent of the Interest: NOTICE 'I'0 I'IiTITJONgII:' AN OFFICER OR EMPLOYEE SHALL NE DEEMED '1'0 HAVE AN 1N'1'IiIICS'l' 1N TUt APPL'i.CANT WHEW 1(E/SHF.., ITIS"/HELY SPOUSE, OR THEIR' BROTHERS, SISTERS, PARENTS, CHILDREN, 0NANDCII i L.DItI3N, OR' 'TILL{ SPOUSE OF ANY OF THEM: . Iii) IS 'TILE APPLICANT, 011 (b) 15 AN OFFICER, DIRECTOR, PARTNER 0114L>Ml'LOYEE'Op TILE APPLICANT, 0R (c) LEGALLY OR 1)F'NEFIC1ALLY OWNS 0R CONTROLS STOCK OF A CORPORATE APPLICANT 011 I9 A MEMUEII OF A PARTNERSRIP 011 ASSOCIATION WITH THE APPLICANT, 011 (d) .1S A PARTY '1'0 AN'AGREEMENT WI'I'11 SUCII AN APPLICANT, EXPRESS Olt IMPLIED, WHEREBY HL'/Sill MAY RECEIVE ANY PAYMENT OR O'fJIEIt l3ENEEIT, Niter=ER OR NOT VOH SL•'IIVJCI S RENDERED, DEPENDENT OR CONTINGENT UPON 'l't1E FAVORABLE APPROVAL OF SUCH APPLICATION, PETITION 011 REQUEST. OWNERSHIP OV LESS THAT FIVE (5) PERCENT OF THE STOCK OFA CORPORATION WHOSE STOCK I5 L.1STI'ED.ON TOE NEW YORK 011 AMERICAN STOCK EXCHANGE SHALL .1 ►:ONSTI'TU'rE.AN .INTEREST FOR 111E PURPOSES 'OF '(1I1S APPLICATION. llA'1'l:: /1 7/// Ifir, BUFFALO, NEWYORK. (Signature-oe Petif'Coner) DANIEL P. TIEDE Notary Public:, State of New York Qualified In, Erie County • � jM�y Commission Expires May 26, _ J `�}r�6 , personally appeared before me (Name) r s'.L �� 1r}, ', 'L,/ (Address). S'TAI'N O1? NEW WOK COUNTY OF BRIE CITY OF R ima.O the petitioner, o rue known to be4`the same person described In and who signed and exeouLud the foregoing petition and who duly,aoknowiedged to me the execution of the Same I'.rr the purpose theretrr.mentionett. Com lu aslelner oe De di1; Notary Irtibll n, Erl.e County My Conxntsalon. expires Dues petition require aotlon in accordance with the General Municipal Law, Section 239-1, and 239-M ?,(To be•answered.by ,Qlvlslon or Planning). • ' YES. No I.EURPO GENERAL HOTS I. EAST FERRY STREET :•'-',' (66.0' TARE) ,..• 7 el 4 • , /. • - I ."..'.:'-', 2...; . ---/.--'--,------ -. -- -----/--r. .-'774:7,,.. , ....;,-;., " ., F';'-ir ..., z3 ----"' — r x 4 , i• ---.--7' .11 _ . : .sintRy s. VALLOURDSY ; , . ,CFPRRY 3, 1.44.0UMNY .o.Ar „ - jerFERY MICdoltlaNY • r CRAM WILLOURHRT sucrv4ZSicKsy S? , • cn 0 t V.IRVEY OF PART OF LOTS -36 & 37, TYPA-11. R.-8. HOLLAND PURCHASE CITY OFBUirALO ERIECOUHTY. NTH Yon r 1- ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie, State of New York, and being part of Lots 36 and 37, Township 11, Range 8, Holland Purchase (so-called), bounded and described as follows: BEGINNING AT.the intersection of the south line ofEast Ferry Street and the west line of Otis Place; RUNNING THENCE: Southerly, at an interior angle of 89°-i7'-50" and along the west line of Otis Place, a distance of 254.59 feet to a point; RUNNING THENCE: Westerly, parallel with the south line of East Ferry Street, a distance of 133.88 feet to a point; RUNNING THENCE: Northeasterly. parallel With the east line of Main Street and 100 feet easterly therefrom as measured at right angles thereto, a distance of 61.54 feet to a point; RUNNING THENCE: Westerly, parallel with Woodlawn Avenue, a distance of 102.87 feet to a point on the east tine of Main Street; RUNNING THENCE: Northeasterly, at an interior angle of 76°-25`-29" with the last described line and alar The east line of Main Street, a distance of 176.12 feet to .an angle point:therein: RUNNING THENCE: Northeasterly, at an interior angle of 155°-19'-21" with the last described line and along the east line of Main Street, a distance of 29.97 feet to a point on the south Iine of East Ferry Street; RUNNING THENCE: Easterly, at an interior angle of 128°-16'-59" with the last described line and along the south line of East Ferry Street, a distance of 165.40 feet to the POINT OR PLACE OF BEGINNING, be the same, More or less. SUBJECT to easements, rights of way and restrictions of record. BEING AND INTENDED TO BE lands conveyed to the Jeffery S. Willoughby by deeds recorded in the Erie County Clerk's Office in Liber 9350 of Deeds at Page 616, Liber 9966 of Deeds at Page 53, Liber 9966 of Deeds at Page 55, Liber 10142 of Deeds at Page 26, Liber 10625 of Deeds at Page 172 and Liber 11127 of Deeds at Page -1390 and ,lands nonveyed to =Craig Willoughby by deeds tworded in the Erie County Clerk's Office in Liber 11275 of Deeds at Page 7788, Liber 11.279 of Deeds at Page 8470 and Liber 11291 of Deeds at Page 9574. ottl: 40154 ft Mb!: 40147 ft 0.1 I 11 I 2i11.0 .1,1111111P 11.111,1111 Enter A Map Title 402 4fr ft 1.44ft 0.04 691111119MMIRIKAIMI 0.1 WGS__1984_Web_Mercator Auxiliary Sphere MIS Department, City of Buffalo Miles Buttalo L. Legend Council Districts Erie County Municipal Bounda Parcels Zoning AD-Atten Street District el -Neighborhood Business District (2-Ceminunity Business District C3-Contrat Business District CM -General Corrnnercial District DO-Donntewn Opportunity EB-Eleseaorl Business industsiet KB-Ken*essanfBaitey mi-usvo Inclustri-A District tr12-Graieral trithrstrial District h134-1eavy Industrial District PB-Keter Business District Rt -One Faintly District R2-Dereiting District R3-Dne-Ing Distrint R4 -Apartment Distnct RS -Apartment Hotel District SS -Seneca &Ice TS:transit Station World Street Map Notes 1:4,513 0I. This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be Ann mato normal nr nthrerwiso ralistrin. THIS MAP IS NOT TO BE USED FOR NAVIGATION April 22,2O1'6 City of Buffalo The Common Council of the City of Buffalo RE: Acknowledgment of Petition to Amend Zoning Map for parcels located at: 1523 Main St, SBL# 100.32-4-1, Zoned TP cfl 76 Otis PI, SBL# 100.32-4-2, Zoned CM 74 Otis PI, SBL# 100.32-4-24, Zoned R3 72 Otis PI, SBL# 100.32-4-25, Zoned R3 70 Otis PI, SBL# 100.32-4-26, Zoned R3 64 Otis P. SBil 100.32-4-27, Zoned P3 To Whorli it May 'concern: As the owner of record for the above properties -located in the City of Buffalo, New York, I acknowledge and authorize a petitioner, Craig Willoughby, with respect to preparing an application for an amendment or change in the Buffalo Zoning Map to extend the Transit Station zoning at 1523 Main Street to include the above parcels. Very Truly Yours, Owner This was Bill 1. STATE OF NEW YORK ;) COUNTY OF ERIE ) SS: On the Oer, day of in theyjar 201 before me, th undersigned, a notary public in and for said state, personaily appeared\ tpersona11y known to me or provecli to me on the bas ot satisfactory evidence to he the, inclividUalts), Whose riatnets) fs (are). subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(14 acted, executed the Instrument aijt1);uo4 tW�3j1 Mello )1•10A M s 'wind AmoN Notary Public JODI L. ULMER Notary Public, State of New York Oualifled In Erie County i.fly Commission Expires Feb April 22, 2016 City of 8"rxffalo The Common Council of the City of Buffalo RE: Acknowledgment of Petition to Amend Zoning Map for parcels Located at: 56 Otis PI, SBL# 100.32-4-30, Zoned R3 60 Otis PI, SBL# 100.32-4-29, Zoned R3 To Whom ttmay c oncerm As the owner of record for the above properties located in the City of Buffalo, New York, 1 acknowledge and authorize a petitioner, Craig Willoughby, with respect to preparing an application for an amendment or change in the Buffalo Zoning Map to extend the Transit Station zoning at 1523 Main Street to include the above parcels. Very Truly Yours, Craig . Willoughby Owner This was -Bin 1. STATE OF NEW XERIC :) COUNTY OF •ERIE ) SS: On the— day of in the year 201, before me, the undersigned, a notary public In and for said state, personally appeared ' - `, personally known to me or proved to me on thebasis of satksfactory evidence tt be the individtual(s) whose names) is (are •subscribed to the within InstruMentandecknoWiedged to that he/she/they.execited the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual s) acted, executed tt} instrument. JODI L. ULMER Notary.Publlo, State of New York Qualified in i~rie County My Commission Expires Feb 21, aQ Notary' Public April 22, 2016 City of Buffalo • The Common Council of the City of Buffalo Elia Acknowledgment ofPetition•,tis.Amend.Zuni :iMlap,forparcels d..at:. 62 Otis PI, SBL# 100.32-428, Zoned R3 To Whor, It may. concern As the owner. of record for the above _properties located in the City of Buffalo, New York, I acknowledge and authorize a petitioner, Craig Willoughby, with respect to preparing an -application for an amendment Of chnge in the BuffaloZon:i: g.Ma,prto extend the Transit Statk nzoning at 2.523 main Street to Include the above parcels. Aifear Turley Owner This was. Bin 1. STATE OF NEW YORK ) COUNTY OF ERIE ) SS: On the day of i in the ye r 201 •before me, the undersigned, a notary public in and for said state, personally appeared 1 a't , personally known to me or -proved to .me on •the .basis of satisfactory evidence to be the.4edvidual(s) whose name(s) is -Ore) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),.and thatbyhis/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of w_hich.the.individuai(s) acted, executed the4nstru j nt. JODI L ULMCR Notary Public, State of Now York Qualified In Erie County My Commission Expires Fob 21, -z,c Nota ry Public CITY BUFFALO PERFECTING TITLE 65 NIAGARA SQ BUFFALO NY 14202 CITY BUFFALO PERFECTING TITLE 130 GENEVA RD EAST AURORA NY 14052 THOMPSON MARTIN W 59 WOODLAWN BUFFALO NY 14209 CVS BUFFALO PROPERTIES 39 8628 CENTER RD HOLLAND NY 14080 SMITH LLOYD 19 WOODLAWN AVE BUFFALO NY 14209 RJ GULLO PROPERTIES #1 INC PO BOX 119 BUFFALO NY 14207 RALEIGH 'MICHAEL P 1474 VIVOERHILLRD EAST AURORA NY 14052 GRAHAM BARBARA P 46 WOODLAWNAVE BUFFALO NY 14209 oily BUFFALO PERFECTING Tine 65 NIAGARA SQ BUFFALO IVY 14202 CITY BUFFALO PERFECTING TITLE 130 GENEVARD EAST AURORA NY 14052 JACKSON LONZENIA 49 MERCER BUFFALO NY 14214 CANADA PATRINIA C 35 WOODLAWN BUFFALO NY 14209 270 WEST MAIN, INC. 1325 MAIN ST BUFFALO NY 14209 CM BUWALOPERFECT 38 WOODLAWN BUFFALO NY 14209 BETHEL AME CHURCH 1525MICHIGAN BUFFALO NY 14209 LEE CAROLYN 1 BURKE DR BUFFALO ;-4Y 14215 T JACKSON LQNZENIA 49 MERCER BUFFALO NY 14214 LEWIS DANIEL J 21 VILLA MORAINE DR CHEEKTOWAGA NY 14225 WRIGHT JOHN E 21 WOODLAWN AVE BUFFALO NY 14209 BINISZKIEWICZ ROBERT F 50 ELMVIEW PL BUFFALO NY 14207 KANAGARATNAM ANPALAGAN 69 OTIS PL BUFFALO NY 14209 BARLOW NAMO.N & W 52 WOODLAWN BUFFALO NY 14209 KANAGARATRAM ANPALAGAN 69 OTIS PL BUFFALO NY 14209 WASHINGTON CLIFFORD 41 WAVERLY BUFFALO NY 14208 WILLIAMS BRENZELLA 55 Otis BUFFALO NY 14209 BRISTOL HOME INC THE 1500 MAIN ST BUFFALO NY 14209 BETHEL COMMUNITY DEVELOPMENT 1518 MICHIGAN BUFFALO NY 14209 ANPALAGAN-KANAGARATAM 69 OTIS PL BUFFALO NY 14209 .945 viiEsi PERRY, LLC 50 ELMVIEW PL BUFFALO NY 14207 945 WEST FERRY, LLC PO BOX 65 BUFFALO NY 14201 BETHEL AFRICAN METHODIST 1525 MICHIGAN BUFFALO NY 14209 BAiLEY LENNAIL L 1504 MICHIGAN AVE BUFFALO NY 14209 BROWN REGINA M 1512 MICHIGAN AVE BUFFALO NY 14209 TURLEY ALFEAR 62 OTIS BUFFALONY 14209 CAPITAL GROUP INVESTMENTS LLC 57 ST LAURENCE CLOSE LONDON ENGLAND NW6 6DF UK WILLOUGHBY JEFFREY 5 3 SNYDER WOODS AMHERST NY 14226 EPPS MILDRED 71 OTIS PL BUFFALO NY 14209 WILLOUGHBY JEFFREY S 3 SNYDERWOGDS AMHERST NY 14226 TRUNNIS REALTY INC 33 EAST FERRY BUFFALO NY 14209 RALEIGH P 56 OTIS PL BUFFALO NY 14209 GALLON HAROLD D 570T18 BUFFALO NY 14209 NIX JOSEPH L 1516 MICHIGAN AVE BUFFALO NY 14209 NIRELLI ANDREW J 1512 MAIN BUFFALO NY 14209 WILLOUGHBY JEFFERY 3 SNYDERWOOD CT AMHERST NY 14226 TRUNNIS REALTY INC. 33 'FERRY EAST ST BUFFALO NY 14209 GOGGR4S TRUNNIS 33 EAST FERRY BUFFALO NY 14209 WILLOUGHBY JEFFREY 5 3 SNYDERWOODS AMHERST NY 14226 946 WEST FERRY, LLC 266 ELMWOOD AVE BUFFALO NY 14222 FRANRON CORP. 346 WILLET RD LACKAWANNA NY 14219 MAIN -FERRY HOUSING 700 MAIN BUFFALO NY 14202 WILLIAM .S HEIN & O 1NC 1285 MAIN ST BUFFALO NY 14209 245 GROUP INC 565 EASE' DELA VAN BUFFALO NY 14211 M & M DEAROT, INC. 23 OXFORD BUFFALO NY 14209 WILLOUGHBY JEFFERY S 1523 MAIN BUFFALO NY 14209 946 WEST FERRY, LLC 266 ELM WOOD AVE BUFFALO NY 14222 WILLIAM S HEIN & CO. INC. 1285 MAIN BUFFALO NY 14209 WILLIAM S HEIN & CO INC 1285 MAIN ST BUFFALO NY 14209 NATL FUEL GAS DIST CORP 6363 MAIN ST WILLIAMSVILLE NY 14221 M&M DEAROT, INC. 23 OXFORD PL BUFFALO NY 14209 JACKSON SHIRLEY 22 -OXFORD PL BUFFALO NY 14209 CADDELE NORA 26 OXFORD BUFFALO NY 14209 946 WEST FERRY, LLC 50 ELMVIEW PL BUFFALO NY 14207 DUDLEY. GREGORY J 320 NORMAL AVE. BUFFALO NY 14213 DUDLEY GREGORY J 320 NORMAL AVE. BUFFALO.. NY 14213 WILLIAM 5 HEIN & CO INC 1285 MAIN ST BUFFALO NY 14209 185 ALLEN STREET INC 388 PORTER AVE BUFFALO NY 14201 JOHNSON PAUL & URSULA 45 PANNELL ST BUFFALO NY 14214 JACKSON SHIRLEY 22 OXFORD AVE .BUFFALO NY 14209 PATTI PAOLO G 101 HOME ST SOMERSET NJ 08873 �S� CADDELE KORA 26 OXFORD AVE BUFFALO NY 14209 WILLIAM S HEIN & CQ INC :908 NIAGARA FALLS BLVD NORTH TONAWANDA NY 14120 RHOADES JAMES 618 NORFOLK AVE BUFFALO NY 14215 PINCKNEY-LOFTIN WANDA 1138 EMERSON ST ALDEN NY 14004 WILLIAM 5 HEIN & CO. INC. 1285 MAIN BUFFALO NY 14209 WILLOUGHBY JEFFREY S 3 SNYDERWOODS AMHERST NY 14226 ANTIOCH FIRE BAPTIZED 1461 MICHIGAN AVE BUFFALO NY 14209 GILL D'MITRI 45 WOODLAWN AVE BUFFALO NY 14209 HODSON HEATHER L 501 LINWOOD AVE BUFFALO NY 14209 BOGDAN PAULA A 505 L1NWOOD AVE BUFFALO NY 14209 IRR SUPPLY CENTERS, INC. 908 NIAGARA FALLS BLVD NORTH TONAWANDA NY 14120 BETHEL 14!61 MAIN STREET•LLC WILLIAM 5 HEIN a CO INC 1285 MAIN ST BUFFALO NY 14209 CHERRY CHRISTINE 29 WOODLAWN BUFFALO NY 14209 ALFRED P & SHIRLEY J 78:NOR TH DAVIS ST ORCHARD PARK NY 14127 MOORE LINDA M 48 WILLIAMSTOWNE CT CHEEKTOWAGA. NY 14227 KATZEL NIARLENE 503 LINWOOD AVE BUFFALO NY 14209 CARIBALLADA JEFF 555 E 4TH ST BROOKLYN NY 11218 1582 MAIN ST INC 1582 MAIN ST BUFFALO NY 14209 WILLIAM 5 HEIN & CO. INC. 1285 MAIN ST BUFFALO NY 14209 TRUNNIS REALTY INC 33 EAST FERRY ST BUFFALO NY 14209 NELSON JERRY 16 GLENSIDE DR BUDD LAKE NJ 07826 SHELTON DAVID 154 .GOULDING AVE BUFFALO NY 14208 RASEL MOHAMMED 71 WILLIAM PRICE PKWY BUFFALO NY 14214 LEE ELIJAH 54 WOODLAWN AVE BUFFALO NY 14209 WNY SHERIDAN PROPERTY GROUP 289 RAMSDELL AVE BUFFALO NY 14216 NELSON JERRY 16 GLENSIDE DR BUDD LAKE NJ 07828 WILLOUGHBY CRAIG 56 OTIS BUFFALO NY 14209 LEWIS ADELINE (LE) 61 OTIS PL BUFFALO NY 14209 CITY OF BUFFALO 65 NIAGARA SQ BUFFALO NY 14202 WILLIAMS KATHERINE R 23 OXFORD BUFFALO NY 14209 32-14209 LP 485 MICHIGAN AVE BUFFALO NY 14203 WNY SHERIDAN PROPERTY GROUP 289 RAMSDELL AVE BUFFALO NY 14216 WNY SHERIDAN PROPERTY GROUP 289 RAMSDELL AVE BUFFALO NY 14216 BETHEL AFRICAN I IETHOD)ST 1525 MICHIGAN AVE BUFFALO NY 14209 1501 MAIN GROUP LLC 1325 MAIN ST BUFFALO NY 14209 BETHEL AFRICAN METHODIST 1525 MICHIGAN AVE BUFFALO NY 14209 BETHEL AFRICAN METHODIST 1525 MICHIGAN AVE BUFFALO NY 14209 IRR SUPPLY CENTERS, INC. 214 CITY.HALL BUFFALO NY 14202 SMITH 'CEDRIC 37 OXFORD PL BUFFALO NY 14209 bKG , LLC 449 FARGO AVE BUFFALO NY 14213 3 WNY SHERIDAN PROPERTY GROUP 289 RAMSDELL AVE BUFFALO NY 14216 CLIFF WASH LLC 73 OTIS PL BUFFALO NY 14209 WILLOUGHBY CRAIG 56 OTIS BUFFALO NY 14209 WILSON SHAUN 5 73 OTIS BUFFALO NY 14209 AFRICAN METHODIST 1525 MICHIGAN AVE BUFFALO NY 14209 VINING NAPOLEON 29 OXFORD AVE BUFFALO NY 14209 I3EREKET HIRUI 41 OXFORD BUFFALO NY 14209 NIAGARA FRONTIER 181 ELLICOTT BUFFALO NY 14203 NOTICE OF COMMUNITY MEETING THERE WILL BE A NEIGHBORHOOD 1VIEETING REGARDING THE PROPOSED MIXED-USE DEVELOPMENT AT 1532 MAIN STREET, E. FERRY, AND O'FTIS (100 Apartment Units and 5 commercial units) PLANS CAN BE VIEWED AT THE WILLOUGHBY EXCHANGE WEBSITE: www.willoughbyexchange.com SPONSORED BY: Craig T. Willoughby — President Willoughby Insurance Developer, Colby Smith and Architect, Phil Silvestri will present the plans and answer any questions the neighborhood may have. WHEN: THURSDAY, MAY 5, 2016, 5:30 P.M. PLACE: New Skateland, 33 East Ferry, Buffalo Note to community members: This will be an important project in the Masten Distil ct, on Main Street, in the Transit Station Area District, at East Ferry. JI/illougbly Exchange mill be new construction with superb proximity to the NITA Utica light rail station, the 13;4/ 10 Niagara Medical Campus, Downtown, Canisius, Medaille, and University at Br ilo colleges. C LJ3Y FOR FURTIIER DETAIL CALL (716) 885-8100 OR VISIT TI -IE WEBSITE: www.willoughbyexchange.com INA : „ . • eo/gy 5 -If/* WILLOIGHBY EXCHANGE MIXED-USE DEVELOPMENT - COMMUNITY MEETING ADDRESS ,2/ . • " j,,)7v ,A.9-1-- (7:) Pe-oir,e)r° ,f7 7e. 5 -May -16 IcELLPHONE_O EMAIL 52-a&i smt 2-5-931- ST4 0431-14'' evvc_ACtS t t de:01 &ist51,M„..1c, e_cwi . el; iteeze(- Cirv-e4- • - oc/ --/Z-1-C 7 47/T 'r s",r- 5-0 01352 J. Wilcox, Agent, Use 1306 Hertel, To Replace an Existing Sign (Del)(Hrg 6/14) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics TIANNA M. MARKS Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics OFFICE OF THE CITY CLERK 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851-4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: e)0(p To be held in the Council Chamber, 13th Floor, City Hall On: -/L-/--/ At 2:00 pm *PLANNING BOARD MEETING WILL BE AT 4:00 pm Room 901 ON *FAILURE TO APPEAR BEFORE THE PLANNING BOARD AND THE COMMON COUNCIL WILL DELAY YOUR PROJECT Phone number for Planning Board 851-5085 I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his/her agent of the above. Signed r J-okD,; (c/r 1 Date 6— Print — Print Name Phone # ATTENTION CONTACT THE COUNCILMEMBER IN YOUR DISTRICT r rh Fe ro(e R. o©r )'9 o3 IF APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON % -- IL_ IFAPPROVEDAT THE FULL COUNCIL MEETING THE ITEM WILL GO TO THE MAYOR FOR APPROVAL THE MAYOR HAS UNTIL '% — $ — i L_ TO RETURN THE ITEM TO THE CITY CLERK'S OFFICE City of Buffalo 65 Niagara'Square Buffalo, NY 14202 (716)851-4949 Fax (716)851-5472 Report Date 6/2/2016 A/P # SIGN16-9418074 qAPOtioation infOrreatlain',: Processed Issued Final 6/2/2016 2:20:19PM Type of Work INSTALL Priority aanOtisinetwor By fdigennaro By By # Plans 0 # Pages 0 -•‘• • , • • ! • „ SIGN Permit Application Page 1 of 2 „ „" ' • , • ,":" • • " , • , ' • ,„ • .• Declared Valuation $8,000.00 Calculated Valuation $0.00 Actual Valuation $0.00 ***PLANS, ENGINEERING AND COMMON COUNCIL (PUBLIC HEARING) APPROVAL REQUIRED*** REPLACE AN EXISTING GROUND SIGN WITH A 6'X8GROUND SIGN ON THE R.O.W. AS PER ATTACHED SURVEY, DRAWING AND PHOTO. THIS PERMIT IS LINKED TO THE USE DESCRIBED IN A/P #229143. 4?••-•;:: ;•,! topery IflfornaUon • Address 1306 HERTEL BUFFALO, NY 14216 Location Name SBL 0786500001020100 •:1 SAMAD HOLDINGS & CONSTRUCTION Mailing Address 24 TURNBERRY DR WILLIAMSVILLE, NY 14221 Day Phone Contact ID 11964380 Primary Name WILCOX BROTHERS SIGN CO Mailing Address 317 WHEELER ST TONAWANDA, NY 14150 - Day Phone (716)213-0797x • g• • Application Fee U aid Date s•ns-',L - •1: mount • $50.00 01353 D. Warfe, Owner, Use 523 Main for an Outdoor Cafe in the Front of an Existing Restaurant on the ROW (E11)(no hrg) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics TIANNA M. MARKS Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics OFFICE OF THE CITY CLERK 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851-4845 ‘‘‘`-}CO 5 �-- 4 f1��-dear C�....�. x (14 ) Name of Agent/O/Phone# Address of Business Project $ C•3 1°1 The Attached Permit is for Common Council Approval. No Public Hearing is required as Determined by the Permit Office. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD Committee on Legislation 2:00 pm on L - l 4 - ( L City Planning Board meeting 4:00 pm on MESSAGE TO APPLICANT:•Please contact the City Planning Board (851-5085) to determine whether or not you need Planning Board approval. Failure to appear before the Planning Board will delay your project. CONTACT The Councilmember in your District GOA. Nr.1�.L-or—. 15 ?) IF THE ITEM IS APPROVED AT THE COMMITTEE MEETING THE ITEM WILL BE REFERRED TO THE FULL COUNCIL ON -a4-((1 If approved at the Full Council meeting the item will go to the Mayor for Approval. The Mayor has until 1-- 4- timo to Return the item to the City Clerk's Office. City of Buffalo 65 Niagara Square - Buffalo, NY 14202 (716)851-4949 Fax (716)85.1-5472 . „ Report Date 5/27/2016 A/P # CAFE16-9416004 :-.A#011icaflort kiforroatiOA. Processed 4/8/2016 3:56:01PM By fdigennaro Issued By Final By Type of Work CITY # Plans 0 Priority # Pages 0 Ddicripflion of Work OUTDORCAFE Permit Application cc.\ Declared Valuation Calculated Valuation Actual Valuation $100.00 $0.00 $0.00 PLACE A 10'X 9OUTDOOR CAFE IN THE FRONT OF AN EXISTING RESTAURANT ON THE R.O.W. AS PER ATTACHED OVERHEAD PHOTO. NO PUBLIC HEARING REQUIRED. C3 AND DO ZONE. :-Prop4irtiinforirt4t1Oro •: • Address 523 MAIN BUFFALO, NY 14203 Location • ' • • fttilOnts? jF • Contact ID 12018080 Primary SBL 1114600009015100 ; .‘ • • Name NEW 500 BLOCK LLC Mailing Address 285 ELLICOTT ST BUFFALO, NY 14203 Day Phone Fees Application Fee !-7Plan Roidovis • F • I Building Sewer Plumbing N iiOpprovas i•e: Electrical HVAC Elevator 1F. Statu P Fire N Patti Oa% 4/8/2016 4:15:58PM Page 1 of 2 • • -,1:4•,.,••L, CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1354 PASSED June 7, 2016 Appoint Account Clerk Typist (Temp)(Inter)(Jones)(Assess) APPROVED JUN 1 5 2016 MAYOR Gerald A Chwalinski City Clerk 01354 Appoint Account Clerk Typist(Temp)(Inter)(Jones)(Assess) (CCP# 16-1165, May 24) Mr. Wyatt moved: That Communication #1165 of May 24, 2016, be Received and Filed and that the Temporary appointment of Chrystal T. Jones, 800 Glenwood Avenue, Buffalo 14211, stated above at the Intermediate(step 13) salary of $36,657.00 is hereby approved. PASSED AYES-9NOES-0 Recommended by the Committee on Civil Service City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1355 PASSED June 7, 2016 Appoint Account Clerk Typist (Prov)(Max)(Hennings)(Assess) APPROVED JUN 1 5 2016 „ . rpo, n MAYOR Gerald A Chwalinski City Clerk 01355 Appoint Account Clerk Typist(Prov)(Max)(Hennings)(Assess) (CCP# 16-1166, May 24) Mr. Wyatt moved: That Communication #1166 of May 24, 2016, be Received and Filed and that the Provisional appointment of Jacqueline Hennings, 119 Delmar Mitchel Drive, Buffalo 14204, stated above at the Maximum salary of $39,164.00 is hereby approved. PASSED AYES -9NOES -0 Recommended by the Committee on Civil Service City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1356 PASSED June 7, 2016 Appoint Associate Engineer (Perm(Max)(Hapke) Gerald A Chwalinski City Clerk APPROVED JUN 1 5 2016 0I3iC Appoint Associate Engineer(Perm)(Max)(Hapke) (CCP# 16-1181, May 24) Mr. Wyatt moved: That Communication #1181 of May 24, 2016, be Received and Filed and that the Permanent appointment of Kenneth Hapke, 2313 Niagara St, Buffalo 14207, stated above at the 5th Step salary of $79,078.00 is hereby approved. PASSED AYES-9NOES-0 Recommended by the Committee on Civil Service �- 3 014 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1357 PASSED June 7, 2016 Appoint Principal Engineer (Temp)(Inter)(Buccilli) Gerald A Chwalinski City Clerk ROVED JUN 1 5 2016 N.) 01357 Appoint Principal Engineer(Temp)(Inter)(Buccilli) (CCP# 16-1182, May 24) Mr. Wyatt moved: That Communication #1182 of May 24, 2016, be Received and Filed and that the Temporary appointment of Stephen Buccilli, 433 Starin Ave, Buffalo 14216, stated above at the 12th Step salary of $72,553.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service s I City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1358 PASSED June 7, 2016 Appoint Water Line Inspector (Perm)(Max)(Sullivan) Gerald A Chwalinski City Clerk ROVED JUN 152016 �\) 01358 Appoint Water Line Inspector(Perm)(Max)(Sullivan) (CCP# 16-1183, May 24) Mr. Wyatt moved: That Communication #1183 of May 24, 2016, be Received and Filed and that the Permanent appointment of Perry Sullivan, 416 Ashland Ave, Buffalo 14222, stated above at the 7th Step salary of $47,517.00 is hereby approved. PASSED AYES -9NOES -0 (/*----)14-- Recommended by the Committee on Civil Service City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1359 PASSED June 7, 2016 Appoint Water Service Inspector (Perm)(Inter)(Zmuda) Gerald A Chwalinski City Clerk ROVED JUN 1 `> 2016 01359 Appoint Water Service Inspector(Perm)(Inter)(Zmuda) (CCP# 16-1184, May 24) Mr. Wyatt moved: That Communication #1184 of May 24, 2016, be Received and Filed and that the Permanent appointment of Michael Zmuda, 137 Dundee Street, Buffalo 14220, stated above at the 12th Step salary of $25,591.00 is hereby approved. PASSED AYES - 9 NOES -0 Recommended by the Committee on Civil Service City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1360 PASSED June 7, 2016 Appoint Chief Pumping Plant Engineer (Perm)(Max)(Moffett) Gerald A Chwalinski City Clerk ROVED JUN 1 5 ?UM 7 O13 O Appoint Chief Pumping Plant Engineer(Perm)(Max)(Moffett) (CCP# 16-1185, May 24) Mr. Wyatt moved: That Communication #1185 of May 24, 2016, be Received and Filed and that the Permanent appointment of Andrew Moffett, 778 Abbott Rd, Buffalo 14220, stated above at the Maximum salary of $50,755.00 is hereby approved. PASSED AYES-9NOES-0 Recommended by the Committee on Civil Service2cif City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1361 PASSED June 7, 2016 Appoint Water Distribution Superintendent (Perm)(Step 5)(Wolasz Jr) Gerald A Chwalinski City Clerk w 01361 Appoint Water Distribution Superintendent(Perm)(Step 5)(Wolasz Jr) (CCP# 16-1186, May 24) Mr. Wyatt moved: That Communication #1186 of May 24, 2016, be Received and Filed and that the Permanent appointment of Michel Wolasz, Jr. 409 Woodbridge Ave, Buffalo 14214, stated above at the 5th Step salary of $72,282.00 is hereby approved. PASSED AYES-9NOES-0 (-2Recommended by the Committee on Civil Service / 7 fl • City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1362 PASSED June 7, 2016 Appoint Assistant Water Distribution Superintendent (Perm)(Step 4)(Karbowski) Gerald A Chwalinski City Clerk P 1 1N ,f t. OVD ,,JUN 1 5 2016 01362 Appoint Water Dispatcher Superintendent (Perm)(Step 4)(Karbowski) (CCP# 16-1187, May 24) Mr. Wyatt moved: That Communication #1187 of May 24, 2016, be Received and Filed and that the Permanent appointment of Izydor Karbowski, 216 Rebecca Park, Buffalo 14207, stated above at the 4th Step salary of $63,824.00 is hereby approved. PASSED AYES - 9 NOES - 0 (------ae.._ Recommended by the Committee on Civil Service • 46 s OS City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1363 PASSED June 7, 2016 Appoint Water Meter Mechanic Supervisor I (Perm)(Step 5)(McCabe) Gerald A Chwalinski City Clerk ROVE J 1.1 N 2016 01363 Appoint Water Meter Mechanic Supervisor I (Perm)(Step 5)(McCabe) (CCP# 16-1188, May 24) Mr. Wyatt moved: That Communication #1188 of May 24, 2016, be Received and Filed and that the Permanent appointment of James McCabe, 29 Mayer Ave, Buffalo 14207, stated above at the 5th Step salary of $44,963.00 is hereby approved. PASSED AYES - 9 NOES - 0 (...)Recommended by the Committee on Civil Service 0 96 6A 014 - � City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1364 PASSED June 7, 2016 Appoint Water Meter Mechanic (Perm)(Inter)(Romanini) Gerald A Chwalinski City Clerk API! ROVED ,JUN 1 5 2016 01364 Appoint Water Meter Mechanic (Perm)(Inter)(Romanini (CCP# 16-1189, May 24) Mr. Wyatt moved: That Communication #1189 of May 24, 2016, be Received and Filed and that the Permanent appointment of Mark Romanini, 45 Bremen St, Buffalo 14213, stated above at the 12th Step salary of $24,184.00 is hereby approved. PASSED AYES -9 NOES -0 Recommended by the Committee on Civil Service City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1365 PASSED June 7, 2016 Appoint Water Caulker Supervisor I (Perm)(Inter)(Anderson, Kreuz) PPROVED JUN 1 5 2016 MAYOR Gerald A Chwalinski City Clerk 01365 Appoint Caulker Supervisor I (Perm)(Inter)(Anderson, Kreuz) (CCP# 16-1190, May 24) Mr. Wyatt moved: That Communication #1190 of May 24, 2016, be Received and Filed and that the Permanent appointment of Adam Anderson, 267 Bedford, Buffalo 14216 and Phillip Kreuz, 78 Cazenovia St, Buffalo 14220, stated above at the 4th Step salary of $50,113.00 is hereby approved. PASSED AYES - 9 NOES - 0 (2L -c___ Recommended by the Committee on Civil Service City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1366 PASSED June 7, 2016 Appoint Senior Engineer (Temp)(Inter)(Poleto) Gerald A Chwalinski City Clerk APPROVED JUN 1 5 20% 01366 Appoint Senior Engineer (Temp)(Inter)(Poleto) (CCP# 16-1191, May 24) Mr. Wyatt moved: That Communication #1191 of May 24, 2016, be Received and Filed and that the Temporary appointment of Donald Poleto, 263 Whitfield, Buffalo 14220, stated above at the 2nd Step salary of $64,649.00 is hereby approved. PASSED AYES -9NOES -0 (--)1—€...._ Recommended by the Committee on Civil Service City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1367 PASSED June 7, 2016 Appoint Account Clerk Typist (Perm)(Max)(Woodard)(Fire) Gerald A Chwalinski City Clerk PPR JUN 1 5 201E 01367 Appoint Account Clerk Typist (Temp)(Max)(Woodard)(Fire) (CCP# 16-1197, May 24) Mr. Wyatt moved: That Communication #1197 of May 24, 2016, be Received and Filed and that the Temporary appointment of Emon Woodard, 2 Devon Green Court, Buffalo 14204, stated above at the Maximum salary of $35,403.00 is hereby approved. PASSED AYES -9NOES -0 (----a-<__ Recommended by the Committee on Civil Service 01368 Notices of Appointments-Temp/Prov/Perm(Cty Clk) (C.C.P. #16-1214, May 24) Mr. Wyatt now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Civil Service FINANCE (RICHARD A. FONTANA, CHAIRPERSON) City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1369 PASSED June 7, 2016 Approval to Enter Into and Execute Contract With G4S Secure Solutions to Provide Armed Security Services for City Hall(Pol) APPROVED J U R 1 2016 MAYOR izss-ki)P\ Gerald A Chwalinski City Clerk 01369 Approval to Enter Into and Execute Contract with G4S Secure Solutions to Provide Armed Security Services for City Hall (Police) (Item No. 1192, C.C.P., May 24, 2016) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to enter into a contract with G4S Secure Solutions to provided armed security services for City Hall. The contractor was chosen through a Request for Proposals (RFP) process. Funding for this service is available under the Buffalo Police Department Contractual Services Line, Account #12005006 434000 in the 2016/2017 fiscal year budget. PASSED AYES 8 NOES _i Recommended by the Committee on Finance I7--7 Chairman C:\Users\IrucinskiWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Permission to enter into agmt-G4S Secure Solutions.docx 61 o M. Kearns -Bank Shame Campaign Accountability Report (C.C.P. #16-1217, May 24) Mr. Fontana now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Finance 01371 Response on Annual Audit Plans Filed with the Common Council (Compt) (Item No: 1242, C.C.P., May 24, 2016) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That t ce mmon Ccil her y aut r'ze Car tro two c nductaiennial, chartereq rred au �( Recommended by the Committee on Finance /14 414 "tie Chairman C:\Users1mcinsld\AppData\LocaI\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Response-Annual Audit P1an.docz Mr. Fontana moved that the above item be recommitted to the Committee on Finance. ADOPTED 01372 2015-2016 Second Quarter Gap Sheets Report(Compt) (C.C.P. #16-423, Mar 1) Mr. Fontana now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Finance 01373 2nd Quarter Gap Sheet (A&F) (C.C.P. #16-462, Mar 1) Mr. Fontana now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Finance 3 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) City Clerk's Department BUFFALO June 10, 2016 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1374 PASSED June 7, 2016 Permission to Designate Developer 432, 434, 438, 440, 442 Adams and 401, 403, 405, 409, 411, 445, 447, 449 Monroe (EII)(Strat Plan) Gerald A Chwalinski City Clerk 0 JUN 1 5 2016 01374 Permission to Designate Developer — 432, 434, 438, 440 and 442 Adams and 401, 403, 405, 409, 411, 445, 447 and 449 Monroe (E11)(Strat Plan) (Item No. 1146, C.C.P., May 24, 2016) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby designates Mr. Ricardo, on behalf of the Buffalo Federation of Neighborhood Centers ("BFNC"), located at 97 Lemon Street, Buffalo, New York 14204, and/or a corporation, partnership or other legal entity to be designated by the BFNC as Developer and approved by the City of Buffalo, Office of Strategic Planning as Developer (the "Developer") for the construction of an ADA -compliant 85 unit Long Term Senior Support (LTSS) apartment complex for seniors, including seniors with mental illness and disabilities at the property located at 432, 434, 438, 440, and 442 Adams, and 401, 403, 405, 409, 411, 445, 447 and 449 Monroe (the "Property"), which will include the historic Westminster Community House owned by BFNC and located at 421 Monroe Street, subject to but not limited to the following terms and conditions: a. The designation will expire eighteen (18) months from the date the Common Council approves designation. b. Payment of a designation fee of One Thousand Dollars ($1,000.00) per month by Developer to the City, payable within five (5) days from the date of Common Council approval of the designation and due thereafter the first day of every month. c. In the event the Developer shall exercise its option to acquire said property pursuant to the Contract of Sale, said Designation Fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the acquisition of the Property within the designation period or in the event a mutually satisfactory Land Disposition Agreement ("LDA") cannot be agreed upon, Developer shall forfeit all fees paid on account, the City shall retain all such fees and the Developer shall have no further rights with respect to the Property. d. The successful negotiation of a Land Disposition Agreement ("LDA") for approval by the Common Council no later than eighteen (18) month from the date the Common Council approves the designation. e. Submission by the Developer of a detailed site plan of the project for the properties at Adams Street and Monroe Street for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City. f. Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinance of the City of Buffalo. tvr' g. Submission of a colored rendering of the project suitable for presentation to the City of Buffalo Common Council which shall be submitted by the Developer to the Office of Strategic Planning, Division of Real Estate, prior to entering a Contract of Sale and prior to Common Council approval. h. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo Office of Strategic Planning, agrees to sign a full Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability, said documents to be in form and substance acceptable to the City in the City's sole discretion. i. That the Contract of Sale will require that the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning, submits to the City an Alta Survey at Developer's sole cost and expense. The Contract of Sale shall also require that the Developer agrees to provide the City of Buffalo and any and all other affected utility companies with any easements, rights and access arrangements, that may be necessary, satisfactory to the City and the other affected utility companies in their sole discretion. The Purchase Price to be established in accordance with Article 27 of the City of Buffalo Charter. The purchase price of the Property shall be based upon a real estate appraisal to be obtained and paid for by the Developer ("Purchase Price"), which said appraised value is subject to review and approval by the City of Buffalo Appraisal Review Board and approval by the Common Council. k. Upon signing the contract for sale, there shall be a payment by the Developer to the City of Buffalo a non-refundable deposit, in the amount of ten percent (10%) of the agreed upon Purchase Price. 1. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate by the fifth (5th) of each month, beginning in the month following this designation. m. Submission by the Developer to the Office of Strategic Planning, Division of Real Estate, of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. n. The designation and the Contract of Sale shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. o. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, execution and compliance with an Access, Indemnification and Insurance Agreement, by each and every Contractor hired by Developer that will access the Property, for the purpose of P. q. determining, to Developer's satisfaction, the suitability of the Property for Developer's intend use, and/or the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, (C.E.R.C.L.A.) 42 USC ss 9601 et seq.; the " Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state or local law, regulation, rule, ordinance, by-law, policy guidance, procedure, interpretation, decision, order, rule or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by the City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all Contractors accessing the Property. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo Office of Strategic Planning, has agreed to be committed to fulfilling the policies of the City in regard to non-discrimination and affirmative action. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo Office of Strategic Planning, has agreed that all levels of the project will include the certified Minority and Women -Owned Business Enterprise participation. r. That the Developer, or an entity to be designated by the Developer and approved by the City of Buffalo Office of Strategic Planning, has agreed to use its best efforts to pursue a minority workforce goal of 25%, a woman workforce goal of 5%, a minority owned business enterprise (MBE) utilization goal of 25% and a woman owned business enterprise (WBE) utilization goal of 5% of the project construction cost, to the extent that it is economically and technically feasible to do so. s. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines, terms and conditions set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the redeveloper two (2) weeks to cure. That the Common Council hereby approves the designation of the Buffalo Federation of Neighborhood Centers, with a mailing address of 97 Lemon Street, Buffalo, New York 14204, and/or a corporation, partnership, or other legal entity to be designated by Developer and approved by the City of Buffalo, as Developer of the above -referenced Property on the above terms and conditions; and that the Common Council hereby authorizes the Corporation Counsel's Office to prepare the necessary Contract of Sale/LDA and any other necessary agreements for the conveyance of the Property to the Developer for the development of the project on the Property; and that the Contract of Sale/LDA and purchase price be forwarded to the Common Council for final approval prior to the transfer of title. PASSED AYES 9, NOES 0 Recommended by the Committee on Community Development Chairman * AYE* NO * FEROLETO * * * _ * * * FONTANA * * * * * * FRANCZYK * * _ * • * * * GOLOMBEK * * * _ * * * PRIDGEN * * * _ * * * RIVERA * * * * * * SCANLON * ** * * * WINGO * ** * * * • WYATT *• * * * * * [ ]* _ * _ * [ MAJ - 5 ] * 9 * 0 * _ [2/3 - 6] * * * [3/4 - 7] 1, City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1375 PASSED June 7, 2016 Report of Sale -160 Adams(EII)(Strat Plan) APPROVED JUN 1 5 2016 Gerald A Chwalinski City Clerk ®137. Report of Sale —160 Adams (Ell)(Strat Plan) (Item No. 1145, C.C.P., May 24, 2016) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Omayra Torres and Clarissa Torres of 150 Adams Street, Buffalo, New York 14206, in the amount of Three Thousand Dollars ($3,000.00) for the purchase of 160 Adams be and hereby is accepted; and That the purchasers agree to pay for all closing costs associated with the transfer of title, including but not limited to, transfer tax and recording frees; and that the purchasers agree 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. PASSED AYES 9, NOES 0 Recommended by the Committee on Community Development C:\Users\Irucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Report of Sale -160 Adams.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] * * * [MAJ- 5] *9 * 0 * [ 2/3 - 6 ] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1376 PASSED June 7, 2016 Report of Sale -45 Holland PI (EII)(Strat Plan) APPROVED JUN 152016 erin..() MAYOR mr- Gerald A Chwalinski City Clerk 01376 Report of Sale — 45 Holland Place (E11)(Strat Plan) (Item No. 1148, C.C.P., May 24, 2016) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Mahamat Babagana of 49 Holland Place, Buffalo, New York, in the amount of Three Thousand Five Hundred Dollars ($3,500.00) for the purchase of 45 Holland Place be and hereby is accepted; and That the purchasers agree to pay for all closing costs associated with the transfer of title, including but not limited to, transfer tax and recording frees; and that the purchasers agree 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. PASSED AYES 9, NOES 0 Recommended by the Committee on Community Development r6y Cham an C:\Users\irucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32Q V W6\aeport of Sale -45 Holland.docx YBRO BTO GOLOVia, OBRN. -soa\A-1,6-s 4 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1377 PASSED June 7, 2016 Report of Sale -441 Hopkins (South)(Strat Plan) PPROVED JUN 1 5 2016 61 -f -v.‘" MAYOR Gerald A Chwalinski City Clerk N) 01377 Report of Sale — 441 Hopkins (South)(Strat Plan) (Item No. 1149, C.C.P., May 24, 2016) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from David Kwiatkowski and Kevin Kwiatkowski of 429 Hopkins Street, Buffalo, New York 14220, in the amount of Fifteen Thousand Five Hundred Dollars ($15,500.00) for the purchase of 441 Hopkins be and hereby is accepted; and That the purchasers agree to pay for all closing costs associated with the transfer of title, including but not limited to, transfer tax and recording frees; and that the purchasers agree 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. PASSED AYES 9, NOES 0 Recommended by the Committee on Community Development Chairian C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Report of Sale -441 Hopkins.docx * AYE* NO * FEROLETO * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * * * SCANLON * ** * * * WINGO * ** * * * WYATT * ** * * * [ ] * * * [MAJ- 5] *9 * 0 * [ 2/3 - 6 ] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1378 PASSED June 7, 2016 Report of Sale -704 Jefferson (EII)(Strat Plan) Gerald A Chwalinski City Clerk APPROVED JUN 152016 N) 01378 Report of Sale — 704 Jefferson (E11)(Strat Plan) (Item No. 1150, C.C.P., May 24, 2016) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Jacqueline Johnson and Philip Johnson of 170 Forestview, Williamsville, New York 14221, in the amount of Five Thousand Dollars ($5,000.00) for the purchase of 704 Jefferson be and hereby is accepted; and That the purchasers agree to pay for all closing costs associated with the transfer of title, including but not limited to, transfer tax and recording frees; and that the purchasers agree 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. PASSED AYES 9, NOES 0 Recommended by the Committee on Community Development Chai C:\Users\lrucinskiWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Report of Sale -704 Jefferson.docx City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1379 PASSED June 7, 2016 Report of Sale -137 Kingsley and 535 E. Utica (EII)(Strat Plan) APPROVED JUN! 1 5 2016 C' .i1 Gerald A Chwalinski City Clerk .c 01379 Report of Sale —137 Kingsley and 535 East Utica (E11)(Strat Plan) (Item No. 1152, C.C.P., May 24, 2016) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Kamal Uddin of 3406 12th Avenue, Brooklyn, New York 11218, in the amount of Two Thousand One Hundred Dollars ($2,100.00) for the purchase of 137 Kingsley and Two Thousand Five Hundred Dollars ($2,500.00) for the purchase of 535 East Utica be and hereby is accepted; and That the purchasers agree to pay for all closing costs associated with the transfer of title, including but not limited to, transfer tax and recording frees; and that the purchasers agree 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. PASSED AYES 9, NOES 0 Recommended by the Committee on Community Development Chairm C:\Users\Inrcinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Report of Sale -137 Kingsley and 535 E Utica.docx au City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1380 PASSED June 7, 2016 Report of Sale -19 Rey (EII)(Strat Plan) Gerald A Chwalinski City Clerk PP:*OV JUN 1 5 2016 ur 01380 Report of Sale —19 Rey (E11)(Strat Plan) (Item No. 1153, C.C.P., May 24, 2016) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Annette Austin of 185 Landon Street, Buffalo, New York 14208, in the amount of One Thousand Dollars ($1,000.00) for the purchase of 19 Rey be and hereby is accepted; and That the purchasers agree to pay for all closing costs associated with the transfer of title, including but not limited to, transfer tax and recording frees; and that the purchasers agree 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. PASSED AYES 9, NOES 0 Recommended by the Committee on Community Development Chairman/ C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QV W6\Report of Sale -19 Rey.docx lq FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT *AYE* NO * * * * [---- ------ ---] * * * [ MAJ - 5 ] * 9 * 0 * _ [ 2/3 - 6 ] * * * [ 3/4 - 7] 01381 Disch CD #16-1026 CCP 5/11/16 — Report of Sale 1750 & 1756 Genesee, 23,25,29 & 31 Kilhoffer, 10 & 14 Zenner(Golombek) (C.C.P. #16-1280, May 24) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Development 01382. D. Franczyk-Informational Packet on Bailey Green (C.C.P. #16-1073, May 10) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Development 01383 J. Rozier-Common Council Support for Summer Learning Day 2016 (C.C.P. #16-1076, May 10) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Development 01384 U. Wingo-F. Williams -Concerns Connelly Avenue Block Club (C.C.P. #16-1078, May 10) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED 9 pm Recommended by the Committee on Community Development LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRPERSON) City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1385 PASSED June 7, 2016 Food Store License (New) -1580 Genesee (aka 1588) (Fill)(EDPI) Gerald A Chwalinski City Clerk A PROVED 01385 Food Store License (New) — 1580 Genesee a/k/a 1588 Genesee (Fill)(DPIS) (Item No. 1200, C.C.P., May 24, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Commissioner of Permits and Inspections Services in hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Fenune Abuhamra d/b/a Super Price Choppers Meats Inc., located at 1580 Genesee a/k/a 1588 Genesee. PASSED AYES 9, NOES 0 Recommended by the Committee on Legislation Pg -a C:\Users\ Irucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\OX32QVW6\Food Store License -new -1580 Genesee.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] * AYE* NO * * * * * * * 0 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1386 PASSED June 7, 2016 Food Store (New) -1727 Genesee (aka 1733) (Fill)(EDPI) Gerald A Chwalinski City Clerk APPROVED. JUN 1 5 2016 Food Store License (New) — 1727 Genesee a/k/a 1733 Genesee (Fill)(DPIS) (Item No. 1201, C.C.P., May 24, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Commissioner of Permits and Inspections Services in hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Mohammad Ayash d/b/a The Corner Store, located at 1727 Genesee a/k/a 1733 Genesee. PASSED AYES 9, NOES 0 Recommended by the Committee on Legislation 72 LGffan CAUsers\ Inscinski AppData \Local \Microsoft\ Windows \ Temporary Internet Files\ Content.Outlook OX32QVW6Wood Store License -new -1727 Genesee.docx * AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * * * SCANLON * * * * * * WINGO * * *_ * * * WYATT * * * * * * [ ]* * [MAJ- 5 ] *9 * 0 * [2/3 - 6] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1387 PASSED June 7, 2016 Food Store (New) -59 Walden(FiII)(EDPI) Gerald A Chwalinski City Clerk APPROVED JO 1 5 2016 01387 Food Store License (New) — 59 Walden (Fill)(DPIS) (Item No. 1203, C.C.P., May 24, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Commissioner of Permits and Inspections Services in hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Anjuman Ara d/b/a Zubaidah Halal Meat & Grocery, located at 59 Walden. PASSED AYES 9, NOES 0 Recommended by the Committee on Legislation Lalaitman CAUsersUrucinski AppData\Local\Microsoft \Windows \ Temporary Internet Files\Content.Outlook OX32QVW6Wood Store License -new -59 Walden.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] * * * [MAJ- 5] *9 * 0 * [ 2/3 - 6 ] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1388 PASSED June 7, 2016 Mobile Food Truck -Green Acres Ice Cream (EDPI) Gerald A Chwalinski City Clerk APPROVED CLD N) 01388 Mobile Food Truck — Green Acres Ice Cream (DPIS) (Item No. 1204, C.C.P., May 24, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Thomas Straus of 320 Seneca Creek Road, West Seneca, New York 14224 and d/b/a Green Acres Ice Cream is hereby approved. PASSED AYES 9, NOES 0 Recommended by the Committee on Legislation L_Clidrman C:\Users\Irucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\OX32QVW6\Mobile Food Truck -Green Acres Ice Cream.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] * _ * _ * [ MAJ - 5 ] * 9 * 0 * [ 2/3 - 6 ] * * * [3/4 - 7] 01389 J. Smith -Concerns Rezoning Gates Special Zoning District (C.C.P. #16-1221, May 24) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation 3� 01390 M. Romanowski, Agent, to Rezone 854 Ellicott from a Mixed R3 and CM to a CM (E11)(DPIS) (Item No. 1223, C.C.P., May 24, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; hat thp- ommon C..n� hereby ro s the a i tion of watt . mixed ' CM to a Recommended by the Committee on Legislation C� j firman �J CAUsersllmcinski\AppData\Local \ Microsoft \ Windows \Temporary Internet Files\Content.Outlook\OX32QV W6\11ezone 854 Ellicott.docx nowsk. gent, o- Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. ADOPTED City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1391- PASSED June 7, 2016 A. Qasem, Owner, Use 2883 Bailey, For a New Owner of a Restaurant in The Kensignton-Bailey Special District (Univ) (Hrg 5/31) PROVED JUN 1 5 2016 n MAYOR Gerald A Chwalinski City Clerk 01391 A. Qasem, Owner, to Use 2883 Bailey for a New Owner of a Restaurant in the Kensington - Bailey Special District (Univ)(DPIS) (Item No. 1224, C.C.P., May 24, 2016) Mr. Scanlon moved: That 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 application of A. Qasem, Owner, to reestablish a restaurant under new ownership located at 2883 Bailey in the Kensington -Bailey Special District. PASSED AYES 9, NOES 0 Recommended by the Committee on Legislation C:\UsersUruc nsld\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.OuUook\OX32QV W6Uieeslablish restaurant 2883 Bailey.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT *AYE* NO * * * * [ ] * * * [MAJ- 5] *9 * 0 * [2/3 - 6] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1392 - PASSED June 7, 2016 G. Herzog, Owner, Use 3199 Main to Operate a Restaurant /Bar in the Transit Station Area District (Univ) (Hrg 5/31) Gerald A Chwalinski City Clerk PiROVED JUN 1 5 2016 [NO r 01392 G. Herzog, Owner, to Use 3199 Main to Operate a Restaurant/Bar in the Transit Station Area District (Univ)((DPIS) (Item No. 1225, C.C.P., May 24, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of G. Herzog, Owner, to operate a restaurant/bar located at 3199 Main in the Transit Station Area District. PASSED AYES 9, NOES 0 Recommended by the Committee on Legislation C:\UsersUrucinski\AppData Local\Microsoft\Windows\Temporary Internet Files \Content.OWlook\OX32QV W6U?stablish restaurant 3199 Main.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT *AYE* NO * * [ ]* _ * _ * [ MAJ - 5 ]* 9 * 0 [ 2/3 - 6 ] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1393 PASSED June 7, 2016 A. Moore, Agent, Use 3 Lot Lines (aka 85 Silo City) to Convert Warehouse To A Restaurant in the Buffalo River Coastal Review District (South) (hrg 5/31) Gerald A Chwalinski City Clerk OVER JUN 1 5 2016 01393 A. Moore, Agent, to Use 3 Lot Lines (a/k/a Silo City) to Convert a Warehouse to a Restaurant in the Buffalo River Coastal Review District (South) (Item No. 1226, C.C.P., May 24, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of A. Moore, Agent, to convert a warehouse to a restaurant in the Buffalo River Coastal Review District a/k/a Silo City (3 Lot Lines). PASSED AYES 9, NOES 0 Recommended by the Committee on Legislation C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content,Outlook\OX32QVW6\Change in use Silo City.docx ,SP FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT *AYE* NO * * * * * * * [ ] * * * [MAJ- 5] *- 9 * 0 * [ 2/3 - 6 ] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1394- PASSED June 7, 2016 R. Stanton, Owner, Use 415 Franklin to Install a Ground Sign on Private Property in Front of Storage Building In a C1 Zoning District (Del) (Hrg 5/31) Gerald A Chwalinski City Clerk PROVED JUN 1 5 2016 ro C..1 I 01394 R. Stanton, Owner, to Use 415 Franklin to install a Ground Sign in front of a Mixed -Used Building (Fill)(DPIS) (Item No. 1227, C.C.P., May 24, 2016) Mr. Scanlon moved: That 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 application of R. Stanton, Owner, to install a ground sign in front of a mixed-use building located at 415 Franklin. PASSED AYES 9, NOES 0 Recommended by the Committee on Legislation 1.1- e-� Ch ' an U C:\Users Irocinski AppData\Local\Microsoft\Windows \Temporary Intemet Files \Content.Outlook\OX32QV W6\Ground sign 415 Franktin.docx 1C\ FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT * AYE* NO-* * * * * * * [ ] * * * [MAJ- 5] * 9 * 0 [2/3 - 6] *. * * [3/4 - 7] 01395 F. Lazarus, Agent, to Use 540 Colvin to Erect a Pole Sign on Private Property in front of a Storage Building in a C1 Zoning District (Del)(DPIS) (Item No. 1228, C.C.P., May 24, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; a 6' this . ict, .or a /Pa�S A'Y t the Co • o ou c,.1 hereb oyes th- .pp 'catio azarus�_ent, to erect age buil r ` in a ening Recommended by the Committee on Legislation C:\UsersUmcinski\AppData\Loca1\Microsof\Windows\Temporary Internet Files \ContentOullook\OX32QV W6Wole sign 540 Colvin.docz Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. ADOPTED 013.96 F. Lazarus, Agent, to Use 110 Genesee to Erect a Billboard Sign on the Side of a 4 Story Mixed Use Building in the Sign Overlay and Downtown Opportunity District (E11)(DPIS) (Item No. 1229, C.C.P., May 24, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for denial; That o mon unci1 he -b denies e catio F. Laza 9' 8' n- es e 0 Oppor s , sted at esee. Recommended by the Committee on Legislation CAUsers UnicirislalAppData \LocalWicrosofnWindowsliempainry Interne; Files1ConientanloskiDX32QVWRBillboard sign 110 Genesce.docx Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. ADOPTED 01397 J. McCarthy, Owner, to Use 225 Lexington for a Sidewalk Cafe (Nia) (DPIS) (Item No. 1230, C.C.P., May 24, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Pp r That t nd spe ove',e.p auran o' ommon S c IC f J. nc.1- 11 er :, pu .u. cC.4 h ated a 5 exington. P 9,060 --S 0 to thoriz Recommended by the Committee on Legislation T he Comm:sib er of the 1 0 of eityo Bu..'o or a sidewalk afe at t ' ont o ` a 2-st ry par; ent of ,to C:\Users\lrucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32QVW6\Sidewalk cafe 225 Lexington.docx 0-1 Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. ADOPTED O1398 No. Food Store License (New) 1560 South Park (South)(EDPI) 016-589,3115)(#16-981,4126)(#16-1114,5110)(#16-1262,5124) That the above item be and hereby is referred to the Common Council with a recommendation for approval Mr. Scanlon now moves that the above item be recommitted to the Committee on Legislation. ADOPTED Recommended by the Committee on Legislation Chairman O1391 M. Sutton, Agent, to Rezone a R2 to a C2 — 23, 25, 29, and 31 Kilhoffer and 10 and 14 Zenner for Construction of a Retail Building and Parking for 30 Vehicles (Fill)(DPIS) (Item No. 1086, C.C.P., May 10, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; at h Counc ereby rez 25 d re Y Recommended by the Committee on Legislation Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. ADOPTED 01400 Create Special Zoning District for Gates Circle(Pridgen (C.C.P. #16-1003, Apr 26) That the above item be and hereby is referred to the Common Council without recommendation: Mr.S'- on ov o tet<IS dkDO D Recommended by the Committee on Legislation 7:1 Chair Ai6 Mr. Scanlon moved that the above ite be recommitted to the Committee on Legislation. ADOPTED 0140i Ord Amend — Ch 511-70 Gates Circle Special Zoning Distr (Pridgen)(Hrg 5/17)(#16-1006 , Apr 26) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Scanlon now moves that the above item be Received and Filed ADOPTED Recommended by the Committee on Legislation Chairman 01403 M. Romanowski — SEQR - 3 Gates Circle (Item No. 386, C.C.P., Feb. 16, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for adoption; That the Common Council, pursuant to Article 8 of the New York Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (collectively, the State Environmental Quality Review Act ["SEQRA"]), hereby approves the application of M. Romanowski to construct a Canterbury Woods continuing care retirement community at Gates Circle, consisting of a 58 -unit facility and related improvements on the northwest corner of 3 Gates Circle in the City of Buffalo. The facility will be a 6 -story approximately 125,000 sq. ft. structure with units ranging in size from 80-2,000 sq. ft., 5 -unit assisted living center and other supporting services. ADOPTED Recommended by the Committee on Legislation Chairperson CAUsersUrucinski AppData \Local \Microsoft \ Windows \ Temporary Internet FilesTonientOntlook \0302QVW6 SEQ11-3 Oates Circle.docz 01404 M. Romanowski — SEQR Gates Circle Redevelopment (Item No. 387, C.C.P., Feb. 16, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with recommendation for adoption; That the Common Council does hereby adopt the Positive Declaration for Gates Circle Redevelopment at 3 Gates Circle, Buffalo, New York, operated by Gates Circle Holdings LLC and TM Montante Development LLC, in accordance with Article 8 of the New York State Environmental Quality Review Act of the New York State Environmental Conservation Law (SEQRA) and 6 N.Y.C.R.R. Part 617. Adopted. Recommended by the Committee on Legislation Chairperson C:\Users\clehner\AppData\Local\MicrosoR\Windows\Temporary Internet Files \Content OutlookU5MLCIH5\SEQR-Gates Cir Redevelopment.docx 01405 M. Romanowski — SEQR Gates Circle Redevelopment and Canterbury Woods (Item No. 388, C.C.P., Feb. 16, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with recommendation for adoption; That the Common Council, pursuant to Article 8 of the New York Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (collectively, the State Environmental Quality Review Act ["SEQRA"]), hereby approves the application of M. Romanowski to construct a Canterbury Woods continuing care retirement community at Gates Circle, consisting of a 58 -unit facility and related improvements on the northwest corner of 3 Gates Circle in the City of Buffalo. The facility will be a 6 -story approximately 125,000 sq. ft. structure with units ranging in size from 80-2,000 sq. ft., 5 -unit assisted living center and other supporting services. Adopted. Recommended by the Committee on Legislation Chairperson CAUsers% clehner \AppData‘LocaRMicrosoft\Windows1Temporary Internet Files\ ContentOulloolci5MLCIHMSEQP:Gates Ci, and Canterbury Woods.docx A. Holycross, Agent, to Rezone 1336 Niagara from M1 to CM for a Mixed Use Residential and Retail Space (Nia)(DPIS) (Item No. 212, C.C.P., Feb. 2, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for denial; That the Common Council hereby denies the application of A. Holycross, Agent, to rezone 1340 Niagara from M1 to CM for a mixed use residential and retail space. Denied. Recommended by the Committee on Legislation Chair yuan CAUserntruclnski\AppDara\I.ocal\Microsoft\Windowaemporary Internet Files\ConlenLOwlookl0X32QVW61Rezone 1336 Niegara.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5 ] [ 2/3 - 6 ] [3/4 - 7] *AYE* NO * * * * 0 City Clerk's Department BUFFALO June 10, 2016 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1402 PASSED June 7, 2016 Food Store License (New) -529 Dodge (EII)(EDPI) Gerald A Chwalinski City Clerk O 14 O,., Food Store License (New) — 529 Dodge (E11)(DPIS) (Item No. 727, C.C.P., Mar. 29, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services in hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Alhariri Zaid d/b/a Dodge Food Market Inc., located at 529 Dodge, upon the following conditions: 1. Cannot sell "loosies" — i.e. single cigarettes, single diapers, or items packaged for etc. 2. Cannot open packages that are intended to be sold as a bundle, such as crackers, and sell single unmarked items. [Many of these items especially perishables have expiration dates for public safety, the opening and selling single items without dates, nutritional information and other important information is a public safety concern.] 3. Must have a minimum of two (2) working surveillance cameras. One camera should be located above the entrance facing inwards and the other should be on the outside of the entrance door outwards toward the street. All cameras should be able to record video and store owners are asked to have the capability of saving video for at least thirty (30) days. 4. Store interior and exterior should be kept clean at all times. Store fa9ade and landscape must be well maintained. 5. Must remove hand painted signage from front of store within 30 days of license issuance/reissuance 6. Garbage receptacle must be maintained on the outside of the store, and emptied frequently, never allowing garbage to overflow 7. No amateur hand painted advertising on or around building. No hand painted advertising of copyrighted items, such as malt liquor, New York State Lottery and other items without written permission of the agency holding the copyright. 8. No excessive empty boxes, packaging refuse and the like outside of the store in public view except the time allowed by city ordinance. PASSED AYES 9, NOES 0 Recommended by the Committee on Legislation C:\Users\Irucinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OX32Q V W6\Food Store License -new -529 Dodge.docx FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT *AYE* NO * * * * [ ] * * * [MAJ- 5] *9 * 0 [ 2/3 - 6 ] * * * [3/4 - 7] 01401 A. Holycross, Agent, to Rezone 1340 Niagara from M1 to CM for a Mixed Use Residential and Retail Space (Nia)(DPIS) (Item No. 212, C.C.P., Feb. 2, 2016) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for denial; That the Common Council hereby denies the application of A. Holycross, Agent, to rezone 1340 Niagara from M1 to CM for a mixed use residential and retail space. Denied. Recommended by the Committee on Legislation CAUserAlrucinsldWppData\Local\Microsoft\Windmvs\Temporary Internet Files \ContentOmbok\OX32QV W6\Rezone 1336 Niagara.docx an * AYE* NO * FEROLETO * * * _ * * * FONTANA * * * * * * FRANCZYK * * _ * * * * GOLOMBEK * * * _ * * * PRIDGEN * * * •_ * * * RIVERA * * * * * * SCANLON * ** * * * WINGO * ** * * * WYATT * * * * * * [MAJ - 5] [2/3 - 6] [3/4 - 7] 01408 G. Scholand-Gates Circle Redev Filing of Zoning Interpretation Letter (C.C.P. #14-2205, Oct 28) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation SPECIAL COMMITTEE ON EDUCATION (ULYSEES O. WING, SR.) 01409 C. Scanlon -P. Burke -Legislator's Statement on School Bus Assault (ccp#15-2466, 12/08) Mr. Wingo, Sr. moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Education 01410 D. Pridgen -NYC Churches Win Right to Hold Weekend Services in Public Schools (ccp#12-43, 07/10) Mr. Wingo, Sr. moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Education RESOLUTIONS June 7, 2016 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1411 PASSED June 7, 2016 Waive Bandwagon Fees for the Elmwood Village Summer Concert Series 2016 Gerald A Chwalinski City Clerk ,JUN 1 5 2016 MAYOR 1 cr 01411. Resolution Sponsor: Councilmember Feroleto RE: Waive Bandwagon Fees for the Elmwood Village Summer Concert Series 2016 Whereas, The Elmwood Village Association is a hub for community involvement that enhances the unique urban character of our community, and; Whereas, The Elmwood Village Association promotes the strength and vitality of the Elmwood Village through culturally diverse events intended to support the Buffalo community and visitors alike; and, Whereas, The annual Elmwood Village Summer Concert Series will provide free, family -friendly entertainment every Tuesday on Bidwell Parkway between June 21st and August 23rd; and, Whereas, the Concert Series continues to fulfill the mission of the Elmwood Village Association to work with businesses and residents to improve the quality of life for our entire community. Now, Therefore, Be it Resolved, That: The Common Council hereby waives the bandwagon fees (only), for the annual Elmwood Village Summer Concert Series on Bidwell Parkway; and, Be It Further Resolved That: A copy of this resolution is sent to the Department of Parks and Recreation and Department of Special Events. JOEL6S. FEROLEO" Delaware District Councilmember ASSED 5'� FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT *AYE NO * * * * * * [ ] * * * [MAJ- 5] *9 * 0 * [2/3 - 6] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1412 PASSED June 7, 2016 Waive Special Event Sanitation Fees for Shakespeare in the Park Gerald A Chwalinski City Clerk JUN 1 L, 2016 MAYOR 01412 Resolution Sponsor: Councilmember Feroieto RE: Waive Special Event Sanitation Fees for Shakespeare in the Park WHEREAS: Shakespeare in Delaware Park is a local not-for-profit, professional theatre company dedicated to providing free, high-quality public theatre to the widest possible audience; and, WHEREAS: Shakespeare in Delaware Park has been a Buffalo tradition since 1976, attracting over 40,000 to Delaware Park each year; and, WHEREAS: This year will be its 415t season, commencing June 23rd, 2016 and ending August 215t, 2016. NOW, THEREFORE, BE IT RESOLVED: That the Common Council hereby waives the Special Event Garbage Pick-up fees for the event's duration from June 23rd through August 21st, 2016. ki( JOV P. FEROLE6 De aware District Councilmember PASSED * AYE* NO * FEROLETO * * * * * * FONTANA * * * * * * FRANCZYK * * * * * * GOLOMBEK ** * * * * PRIDGEN * * * * * * RIVERA * * * * * * SCANLON * * * * * * WINGO * * * * * * WYATT * * * * * [ ] * * * [MAJ- 5] * 9 * 0 * [ 2/3 - 6 ] * * * [3/4 - 7 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1413 PASSED June 7, 2016 Waive Park Permit Fee for "Grillin' in the Grass" Fundraiser Gerald A Chwalinski City Clerk JON 1 5 2016 D MAYOR 01413 RESOLUTION In the Common Council of The City of Buffalo, On May 31, 2016 Council Member David A. Franczyk submitted the following resolution: Waive Park Permit Fee for "Grillin' In the Grass" Fundraiser Whereas, On Wednesday, June 15, 2016, the Days Park Block Club and the Elmwood Village Charter School join together to host the 3rd annual "Grillin For Grass" fundraiser located in Days Park; and Whereas, This Grillin' For Grass event proceeds will be donated to the Buffalo Olmsted Parks Conservancy for care and maintenance of Historic Days Park. Now, Therefore. Be It Resolved that The City of Buffalo Common Council— Request that the Park permit fee be waived for the June 15th, 2016 "Grillin' For Grass" event. Be It Further Resolved: That copies of this Resolution be forwarded to the Department of Special Events and the Department of Public Works, Parks and Streets. PASSED David A. Franczyk Fillmore District Council Member DAF/jp Page 1 of 1 c.$ FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] *AYE NO *, * * * 9 0 By: Mr. Pridgen 01414 No. Appointment Marriage Officer Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of Barbara Miller -Williams as a Marriage Officer. ADOPTED. 0141.5 By: Mr. Pridgen ORDINANCE AMENDMENT CHAPTER 16. FINANCE The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 16, Article II, CLAIMS of the Code of the City of Buffalo be amended to read as follows: Chapter 16: Finance Article II. Claims §16-5. SALARY AND WAGES. A. Payroll. A claim for salary or wages of a person in the employ of a City agency shall be set forth in a written payroll, on the forms approved by the Comptroller, prepared and certified as correct by the head of the City agency and, in the case of the members of the Council and its subordinates, prepared and certified by the City Clerk. The payroll shall contain the names of all persons authorized to be employed in the City agency and the respective positions occupied by the respective employees. The payroll shall show the time for which it is drawn, the number of days each employee was actually employed, the amounts of pension and other lawful deductions, if any, and the salary or wages to which each employee is entitled. The original payroll shall be filed with the Municipal Civil Service Commission, and copies thereof shall be made and filed in accordance with the requirements of the Comptroller. The Commission shall, within five business days after receiving the payroll, certify it as required by law and deliver it to the Comptroller. B. Time sheet. Each payroll shall be supported by a written time sheet prepared on forms approved by the Comptroller and certified as correct by a person having knowledge of the facts. The time sheet shall show the names of the persons employed, the respective positions occupied by them, the number of days each employee was actually employed, the number of days absent, together with the cause of such absence, and such other information as the Comptroller may require. The original time sheet shall be filed with the Comptroller. C. Payroll change report. A payroll shall be accompanied by a written report showing changes, if any, which became effective since the last previous payroll, including removals, resignations, deaths, transfers, promotions, demotions and changes in compensation, together with the effective date or dates of the changes. The original report shall be filed with the Municipal Civil Service Commission, and copies thereof shall be made and filed in accordance with the requirements of the Comptroller. In the event that a new appointment has been made, a copy of the certificate of appointment required to be filed with the Council pursuant to the provisions of the Charter shall accompany the report. D. The following symbols, with the meaning of each such symbol set opposite thereto, are established for use in payrolls for employees of the City: Symbol Meaning of Symbol B Absence on City business C Compensatory time off D Absence due to injury or disability H Holiday, Saturday or Sunday Present (except hourly employees) M Absence on military leave 0 Absence without leave P Leave of absence without pay R Reduced force on Saturday S Sickness ✓ Vacation X Suspended E. Where a signature is required to record or verify documents related to payroll, the use of signature stamps is prohibited. This shall not be construed to apply to the use of electronic signatures, or other electronic means of adopting the contents of the aforementioned documents. I. This Ordinance Amendment shall take effect once it is duly ratified pursuant to City Charter § 3-19. APPROVED AS.TO FORM ONLY: Lauren A. Howard ASSISTANT CORPORATION COUNSEL NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION. 0141e By: Mr. Pridgen and Mr. Feroleto ORDINANCE AMENDMENT CHAPTER 511. ZONING The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 511, Article XVI, SD SPECIAL ZONING DISTRICTS of the Code of the City of Buffalo be amended to read as follows: Chanter 511: Zoning Article XVI: SD Snecial Zoning Districts 511-70. GATES CIRCLE SPECIAL ZONING DISTRICT. A. Gates Circle, including the location of the former Millard Fillmore Gates Circle Hospital, as hereafter limited and described shall be known as the "Gates Circle Special Zoning District.", B. LIMITS AND DESCRIPTION. The Gates Circle Special Zoning District shall include 3, Gates Circle and 1277 Delaware Avenue, bounded by Lafayette Avenue to the North. Linwood Avenue to the east, and Delaware Avenue to the west, and the southernmost parcel line for 1277 Delaware Avenue to the south. C. LEGISLATIVE INTENT (1) This Common Council finds that. the parcel at 3 Gates Circle is no longer viable as a large hospital and is proposed for redevelopment. Thoughtful redevelopment of the Site would enhance the existing neighborhood and contribute to the quality of life for residents in the area. Pursuant to &5 11-54 of the Charter and Code of the City of Buffalo, the Common Council finds it appropriate to create a Special Zoning District for the Site to protect the health. safety and welfare of the nearby residents and ensure the orderly development of the site. (2) The Common Council therefore finds that future development shall be controlled bv the creation of a special zoning district. Unless specifically stated herein, the requirements of this District shall not supersede any other provisions of this Code. D. PERMITTED USES (1) Any of the uses which presently are permitted pursuant to ,$511-24 "R5 Apartment Hotel Districts," of the Code of the City of Buffalo or which may be established or extended as a matter of right pursuant to said Code shall be permitted uses in the Gates Circle Special Zoning District. Additionally, any of the following listed uses or any combination thereof may be established or extended in, this district as a matter of right, if in compliance with all of the regulations of this chapter: Any neighborhood retail business or service Bank, business or professional office Restaurant. tearoom or cafe. including those with a State Liquor Authority restaurant license Public Parking Area Health and Wellness Center Data Center (2) For purposes of this section, a "health and wellness center" shall be defined as an establishment that offers health services for the body and mind, including. but not limited to exercise and fitness. swimming, personal training, physical therapy, skin care services, nutrition consulting. chiropractic alternative medicine. acupuncture, or holistic medicine. A "data center" shall be defined as a facility containing a group of networked computer servers typically used by organizations for the remote storage, processing, or distribution of large amounts of data. E. RESTRICTED USES. (1) Any of the following listed uses may be established or extended, separately or in combination with other uses permitted in this District, if in compliance with all regulations of this Chanter, but only upon the issuance by the Common Council of a Restricted Use Permit pursuant to ,511-55 of this Chapter: Any individual Retail business or restaurant, excluding a grocery store and/or a health and wellness center, in excess of 14,000 square feet A grocery store in excess of 25,000 square feet A health and wellness center in excess of 50,000 square feet Total Retail businesses and/or Restaurants within the District (inclusive of a grocery store or health and wellness center) exceeding 136,000 square feet Retail businesses or restaurants which have a main pedestrian entrance on Linwood Avenue (2) Any person seeking to establish or extend a use restricted by Subsection E of this section shall file an application for a restricted use permit as provided by 511-55 of this chapter. F. HEIGHT AND BULK DENSITY. Height and bulk density regulations shall be as follows: A. Height: (1) Not including stories below grade. no building shall be shorter than 2 stories or taller than 10 stories: and (2) Not including stories below grade. no building along Linwood Avenue may be taller than 3.5 stories for the first 60 feet of depth from the property line along Linwood Avenue." B. Lot, area and yard requirements (1) Lot area not less than 5,000 square feet. (2) Front yard for commercial building: none along Delaware Avenue, Lafayette Avenue, or any public or private road internal to the Site. The minimum setback along Linwood Avenue is 10 feet. (3) Side and rear setbacks shall be no less than 3 feet. C. All approvals granted for development prior to the enactment of this Special District shall be grandfathered and exempt from any of these restrictions or requirements. G. PARKING LOTS. No parking lots for motor vehicles shall be permitted directly in front of structures along Lancaster Avenue, Delaware Avenue, or Linwood Avenue. F. SEVERABILITY CLAUSE. The provisions of this section are severable. If any provision, paragraph, subparagraph. sentence. clause, phrase or word of this section or its application to any person or circumstance is held invalid, said invalidity shall not affect any other provision, paragraph, subparagraph, sentence. clause. phrase or word or application which can be given effect without the invalid provision. paragraph. subparagraph. sentence. clause. phrase or word or application of this section. I. This Ordinance Amendment shall take effect once it is duly ratified pursuant to City Charter § 3-19. APPROVED TO F A RMV QNLY: c Lauren A. Howard ASSISTANT CORPORATION COUNSEL NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION., AND THE CITY PLANNING BOARD City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1417 PASSED June 7, 2016 Waive Fees Massachusetts Ave Project's Farm Stand ,ftJN 1 2016 MAYOR Gerald A Chwalinski City Clerk 01417 Resolution By: Councilmember Rivera June 6, 2016 Re: Waiver of Fees for Massachusetts Avenue Project's "Farm Stand". Whereas, the Massachusetts Avenue Project ("MAP") is a non-profit committed to creating a more food secure city through the production and sale of healthy, fresh, affordable food; and Whereas, MAP strives for this goal by incorporating Buffalo's youth population into its workforce, where young people are educated on the importance of eating healthy and locally and the ins -and -outs of running a small business; and Whereas, from June 7, 2016 — October 25, 2016, MAP will temporarily hold its farm stand at Massachusetts Avenue Park while its permanent location is under construction; and Whereas, the purpose of the farm stand is to improve access to fresh, healthy affordable food in a neighborhood with limited access to farm produce. Now, Therefore, Be It Resolved, the Common Council approves the waiving of the park use fee associated with this request; and Be It Finally Resolved, the City Clerk is directed to send a copy of this resolution to the Parks Division of the Department of Public Works, Parks & Streets. Council Member David Rivera PASSED 6,'\` FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] ** * [MAJ- 5] *9 * 0 [ 2/3 - 6 ] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1418 PASSED June 7, 2016 Waive Fees for CommonBound Block Party Gerald A Chwalinski City Clerk JUN 1 2016 MAYOR 01418 Resolution By: Council Member Rivera June 7, 2016 Re: Waiver of Fees for CommonBound Block Party. Whereas, the New Economy Coalition ("NEC") is a non-profit organization imagining and building a future where people, communities, and ecosystems thrive; and Whereas, NEC grows its movement towards a more people -drive economy with its CommonBound conference and this year the conference will be held in Buffalo from July 8-10, 2016; and Whereas, on June 7, 2016, a block party will be held to build awareness of the upcoming conference and will feature free food, performances, and music; and Whereas, the block party will be held from 4pm-7pm at Massachusetts Avenue Park. Now, Therefore, Be It Resolved, the Common Council approves the waiving of the park use fee and garbage tote fee associated with this request; and Be It Finally Resolved, the City Clerk is directed to send a copy of this resolution to the Department of Public Works, Parks & Streets — Parks Division and Streets Sanitation Division. Council Member David Rivera PASSED 4NYI FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] *AYE* NO * * * * 0 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1419 PASSED June 7, 2016 Waive Fees for Caz Park -The Buffalo Car Show & Music Fest Gerald A Chwalinski City Clerk !.) 201G MAYOR rx) " ©141' Resolution Sponsor: Christopher P. Scanlon Date: May 27, 2016 Subject: Waive Fees for use of Cazenovia Park for an event being held by South Buffalo Football entitled The South Buffalo Car Show and Music Fest WHEREAS: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the code; and WHEREAS: Throughout their years of using Cazenovia Park, South Buffalo Football has always respected the privilege and responsibilities that come along with their use of the park and its facilities; and WHEREAS: South Buffalo Football provides the youth of South Buffalo a platform to learn teamwork, dedication and offers them a safe environment to play football; and WHEREAS: This event will help to raise money for South Buffalo Football and their annual fees for providing field use, referee fees, jerseys etc. ; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully request that the Department of Public Works and the Department of Special Events waive all applicable event fees for South Buffalo Football and their use of Cazenovia Park, an Buffalo Olmsted affiliate, on May 28th, 2016; and BE IT FURTHER RESOLVED, That the City Clerk forwards a copy of this resolution to the Department of Public Works and Special Events e)2"41/":. ° Christopher P. Scanlon President Pro Tempore South District Council Member PASSEEF FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT * AYE* NO *. * * * [ ] * * * [ MAJ - 5 ] *- 9 * - 0 * [ 2/3 - 6 ] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1420 PASSED June 7, 2016 Waive Garbage/Recycling Tote Fee for the Bishop Timon-St.Jude Lawn Fete 1 1, 201G — MAYOR Gerald A Chwalinski City Clerk 01420 RESOLUTION Sponsors: Christopher P. Scanlon Subject: Waive Garbage /Recycling Tote Fee for the Bishop Timon — St. Jude Lawn Fete WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The Bishop Timon — St. Jude Lawn Fete is June 3, 4, & 5, 2016 at Bishop Timon- St Jude High School; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Public Works waive the garbage/recycling tote fee for the Bishop Timon-St. Jude Lawn Fete; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Departments Public Works and Special Events. Lchristophe - lon President Pro Tempore South District Council Member PASSED FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT *AYE* NO* * * * [ ]* * * [ MAJ - 5 ] *9 * 0 * _ [2/3 - 6] * * * [3/4 - 7] City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1421 PASSED June 7, 2016 Disch CD ccp#15-1609, 08/01 Report of Sale -647 Norfolk Gerald A Chwalinski City Clerk APP OVED jUN 2016 01421 RESOLUTION By: Ulysees O. Wingo, Sr. Re: Discharge Community Development Committee from consideration of the following item: "Report of Sale — 647 Norfolk - One Family Dwelling" (Item No 15-1609, C.C.P. August 1, 2015 ) Whereas: The above item is currently in the Community Development Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item No 15-1609, C.C.P. August 1, 2015, "Report of Sale — 647 Norfolk — One Family Dwelling" and said item is now before the Common Council for its consideration. M4 -k- ' 5e-61(-)PA9SED Ulys , s O. ' 'ngo, S Masten District Council Member Of7 ktg• L) ALM 01 k015 #2 (Rev. 1/93) Multiple Page Communication to the Common Council TO: THE COMMON COUNCIL DATE August 25, 2015 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale — 647 Norfolk -One Family Dwelling 850' N Warwick Lot Size: 30' x 108' Assessed Valuation: $35,100 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Erik Esau, 1166 Kensington, Buffalo, New York 14215 to purchase 647 Norfolk. Mr. Esau will renovate the dwelling for use as income property. He has estimated the cost of renovations to be Fourteen Thousand Two Hundred Dollars ($14,200) that has been reviewed by the Division of Real Estate. Mr. Esau has provided proof of financial ability to complete the purchase and repair the property. 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. The property was appraised by G.A.R. Associates, Inc. to estimate the fair market value of 647 Norfolk. The Fair Market Value was estimated to be Four Thousand Dollars ($4,000). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. •J ok* FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT [ ] [MAJ- 5] [ 2/3 - 6 ] [3/4 - 7] *AYE* NO * * * * * * * * 9 * 0 * * * * City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1422 PASSED June 7, 2016 Waive Park Rental Fees for Free Organic Plant Giveaway JUN Z01(') Gerald A Chwalinski City Clerk 01422 RESOLUTION In the Common Council of the City of Buffalo, June 7, 2016 Council Member Wingo submitted the following resolution: Waive Park Rental Fees for Free. Organic Plant Giveaway Whereas, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are charged with respect to licenses permits and activities required under various chapters of the City Charter; Whereas, The Free Organic Plant Giveaway will be held June 4th at MLK Park; Whereas, this event is community based and open to the public; Now, Therefore Be It Resolved that the City of Buffalo Common Council - 1) That the Common Council of the city of Buffalo respectfully request that the Department of Permits and Inspections, and the Department of Public Works waive fees applicable for the Free Organic Plant Giveaway; 2) That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits and Inspections, Public Works PASSED Hon. Ulysees O. W go, Sr. Masten District Council Member Fg3 Page 1 of 1 J° * AYE* NO * FEROLETO * * * * * * FONTANA * * * * * FRANCZYK * * * * * * GOLOMBEK * * * * * * PRIDGEN * * * * * * RIVERA * * * * SCANLON * * * * * * WINGO * ** * * * WYATT * * * * * [ ] * * * [MAJ- 5] *- 9 * 0 * [2/3 - 6 * * * [3/4 - 7] J City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: June 10, 2016 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1423 PASSED June 7, 2016 Permission to Hang Banners Along Bailey Ave APPROVED JUN 1 2016 Gerald A Chwalinski City Clerk 01423 Resolution By: Rasheed N.C. Wyatt University District Councilmember Re: Permission to Hang Banners along Bailey Avenue in the University District Date: Tuesday, June 7, 2016 Whereas, The University District and its partners are working to make the district a safe and fun place to live, work and do business; Whereas, Banners and flags are indicative of the strong organizational presence in our neighborhood and will provide a visual and aesthetic design intended to display the cohesiveness of the community; and Whereas, The City of Buffalo Department of Public Works have designed general guidelines for the placement of banners that include the necessary information to fully comply with the requirements established. The University District has received a copy of these guidelines and have a full understandment of the requirements to allow the placement of the requested banners. Now, Therefore, Be it Resolved, That the requested banners, meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in the Charter and Code Sections 387-15 or pertinent sections thereof; and Be It Further Resolved, That The Common Council of The City of Buffalo does hereby grant permission to hang banners along Bailey Avenue in the University District and that copies of this resolution be forwarded to the Department of Public Works, the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of the request to hang banners, in the City of Buffalo. R sheed N.C. Wyatt University District Councilmember PASSED ✓0\ FEROLETO FONTANA FRANCZYK GOLOMBEK PRIDGEN RIVERA SCANLON WINGO WYATT * AYE* NO * * * * * * * * * * * [ ] * * * [MAJ-5] *9 * 0 * [ 2/3 - 6 ] * * * [3/4 - 7] BY: MR. WYATT 01424 SALARY AND WAGE SCHEDULE "B" The Common Council of the City of Buffalo does ordain as follows: That part of Subdivision (A) of § 35-9 of Chapter 35 of the Code of the City of Buffalo, relating to Salary and Wage Schedule "B" , Local 264, is hereby amended to read as follows: This ordinance shall take effect as per the respective date on the attached schedule. APPROVED AS T ORM Corporation Counsel REFERRED "TO THE COMMITTEE ON FINANCE. We, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24-15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. ill BYR N W. BRO MAYOR J MARK J.F. SCHROEDER COMPTROLLER This ordinance shall be effective July 1 2011. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Gerald Chwalinski, City Clerk, Kevin J. Helfer, Commissioner of Parking, Daniel Derenda, Commissioner of Police, Garnell W. Whitfield, Commissioner of Fire, Steven J. Stepniak, Commissioner of Public Works, Otis T. Barker, Acting Commissioner of Community Services, James W. Comerford, Commissioner of Permits & Licenses and Mark J.F. Schroeder, Comptroller and Donna J. Estrich, Commissioner of Administration, Finance, Policy and Urban Affairs, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24-15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. niahi J MARK J.F. SCHROEDER COMPTROLLER GARNELLIW. WHITFI COMMISSIONER OF FIRE sad GERALD C WALINSKI CITY CLERK `KEVIN J. HELFER v COMMISSIONER OF PARKING S`� EN,VEPNIAK N MISSIONER OF PUBLIC WORKS n . art4V/I1 BYRON W. BROWN MAYOR DANIEL DERENDA POLICE COMMISSIONER OTIS T. BARKER ACTING COMMISSIONER OF COMMUNITY SERVICES DONNA J. ESTRICI- COMMISSIONER OF ADMINISRATION AND FINANCE, POLICY & URBAN AFFAIRS -A AMES W. COMERFO COMMISSIONER OF PERMITS & LICENSES 02-1021 RECORD MANAGEMENT IMPROV. 5 9622 LABORER II 5 03-1514 REAL ESTATE 1 9622 LABORER II 2 9621 LABORER I 3 17-1081 INVENTORY & STORES 6 9622 LABORER II 6 B 025 $ 22,511 $ 34,822 B 025 $ 22,511 $ 34,822 B 024 $ 22,511 $ 32,084 B 025 $ 22,511 $ 34,822 17-1082 PRINT SHOP 1 9622 LABORER II B 025 $ 22,511 $ 34,822 1 7 14-1112 TOWING & STORAGE 1 5320 DISPATCHER B 014 $ 23,632 $ 39,387 4 6011 TOW TRUCK OPERATOR B 010 $ 22,511 $ 36,841 2 9622 LABORER II B 025 $ 22,511 $ 34,822 7 14-1113 METERS & ENFORCEMENT 1 6292 SUPT OF PARKING METERS & ENFORCEMENT B 021 $ 29,780 $ 49,632 1 5331 PARKING ENFORCEMENT SUPERVISOR B 018 $ 27,579 $ 45,965 5 5200 PARKING METER MECHANIC B 010 $ 22,511 $ 36,841 11 5330 PARKING ENFORCEMENT OFFICER B 008 $ 22,511 $ 35,796 3 9622 LABORER II B 025 $ 22,511 $ 34,822 21 28 20-1124 CIVILIANS 3 2101 SENIOR PUBLIC SAFETY DISPATCHER 19 2100 PUBLIC SAFETY DISPATCHER 5 2001 SR. CELLBLOCK ATTENDANT 39 2000 CELLBLOCK ATTENDANT 10 1069 POLICE SURVELANCE CAMERA MONITOR 76 B 034 $ 26,482 $ 44,137 B 036 $ 23,736 $ 39,561 B 031 $ 23,736 $ 40,326 B 010 $ 22,511 $ 36,841 B 064 $ 22,511 $ 32,629 20-1122 FLEET MAINTENANCE 1 2161 SUPERINTENDENT FLEET MAINTENANCE B 022 $ 33,901 $ 56,502 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 26,057 $ 43,428 10 6150 MOTOR EQUIPMENT MECHANIC 1 13 9622 LABORER II B 031 $ 23,736 $ 40,326 B 025 $ 22,511 $ 34,822 20-1123 BUILDING MAINTENANCE 1 8210 HEAD JANITOR B 008 $ 22,511 $ 35,796 6 9622 LABORER II B 025 $ 22,511 $ 34,822 3 9621 LABORER I B 024 $ 22,511 $ 32,084 10 99 21-1135 FIRE ALARM & TELEGRAPH 1 7480 SUPERINTENDENT OF COMMUNICATIONS OPERATION B 056 $ 50,059 $ 83,431 3 2309 SENIOR EMERGENCY SERVICES FIRE DISPATCHER B 062 $ 33,270 $ 55,451 1 104B RADIO SUPERVISOR B 042 $ 32,253 $ 53,755 1 7461 COMMUNICATIONS MAINTENANCE SUPERINTENDENT B 042 $ 32,253 $ 53,755 3 7460 COMMUNICATIONS TECHNICIAN B 017 $ 26,057 $ 43,428 2 7420 COMMUNICATIONS SPECIALIST B 015 $ 24,696 $. 41,160 12 2310 EMERGENCY SERVICES FIRE DISPATCHER B 036 $ 23,736 $ 39,561 23 21-1136 FIRE FLEET MAINTENANCE 1 2350 SUPERINTENDENT OF FIRE VEHICLE MAINTENANCE B 023 $ 34,635 $ 57,725 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 26,057 $ 43,428 6 6150 MOTOR EQUIPMENT MECHANIC B 031 $ 23,736 $ 40,326 8 21-1138 FIRE HEADQUARTERS & STATION HOUSE 1 658E CARPENTER B 014 $ 23,632 $ 39,387 1 9622 LABORER II B 025 $ 22,511 $ 34,822 1 9621 LABORER I B 024 $ 22,511 $ 32,084 3 21-1139 SUPPORT SERVICES 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 26,057 $ 43,428 1 35 31-1191 TRAFFIC ENGINEERING 1 2180 SUPERINTENDENT OF TRAFFIC SIGNAL SYSTEM B 021 $ 29,780 $ 49,632 1 7422 TRAFFIC SIGNAL TECHNICIAN B 020 $ 29,080 $ 48,467 1 6732 SIGN FABRICATOR B 017 $ 26,057 $ 43,428 2 7421 TRAFFIC SIGNAL SPECIALIST B 015 $ 24,696 $ 41,160 2 6700 ELECTRICIAN B 014 $ 23,632 $ 39,387 1 7090 MACHINE OPERATOR B 008 $ 22,511 $ 35,796 7 9622 LABORER II B 025 $ 22,511 $ 34,822 1 9621 LABORER I B 024 $ 22,511 $ 32,084 16 31-1211 REPAIR & CONSTRUCTION OF STREETS 1 4311 STREET REPAIR SUPERVISOR I 1 6680 CEMENT FINISHER 6 4310 STREET REPAIR WORKER 1 9622 LABORER II 1 9621 LABORER I 10 B 016 $ 25,325 $ 42,208 B 014 $ 23,632 $ 39,387 B 010 $ 22,511 $ 36,841 B 025 $ 22,511 $ 34,822 B 024 $ 22,511 $ 32,084 31-1213 BRIDGES 1 6002 SUPERVISOR OF WATERWAY AND BRIDGE MAINTENANCE B 027 $ 29,135 $ 48,558 1 6321 MARINE ELECTRICAL MECHANICAL OPERATOR B 014 $ 23,632 $ 39,387 1 6700 ELECTRICIAN B 014 $ 23,632 $ 39,387 2 6920 GENERAL MECHANIC B 014 $ 23,632 $ 39,387 1 7060 COMBO WELDER B 014 $ 23,632 $ 39,387 4 6000 BRIDGE OPERATING ENGINEERS B 013 $ 23,175 $ 38,626 3 9622 LABORER II B 025 $ 22,511 $ 34,822 13 31-1216 LIGHTING OF STREETS 2 9622 LABORER II B 025 $ 22,511 $ 34,822 2 41 32-1096 OPERATIONS & MAINTENANCE PUBLIC WORKS 1 6300 SUPERVISOR OF MAINTENANCE I B 020 $ 29,080 $ 48,467 2 6740 PAINTER B 016 $ 25,325 $ 42,208 2 6920 GENERAL MECHANIC B 014 $ 23,632 $ 39,387 2 6510 PLUMBER B 014 $ 23,632 $ 39,387 2 6550 STEAMFITTER B 014 $ 23,632 $ 39,387 2 6586 CARPENTER B 014 $ 23,632 $ 39,387 1 6630 MASON B 014 $ 23,632 $ 39,387 19 9622 LABORER II B 025 $ 22,511 $ 34,822 3 9621 LABORER I B 024 $ 22,511 $ 32,084 34 32-1534 MIT TEAM 7 9622 LABORER II B 025 $ 22,511 $ 34,822 I 41 41-1460 PARKS, GOLF COURSES & GARDENS 4 . 9120 PARKS SUPERVISOR I B 018 $ 27,579 $ 45,965 1 8541 HEAD GROWER B 017 $ 26,057 $ 43,428 1 9110 GREENSKEEPER B 017 $ 26,057 $ 43,428 3 6150 MOTOR EQUIPMENT MECHANIC B 031 $ 23,736 $ 40,326 17 9201 PARK UTILITY WORKER B 014 $ 23,632 $ 39,387 8 9622 LABORER II B 025 $ 22,511 $ 34,822 34 42-1422 RECREATION FACILITIES 1 9280 SUPERVISOR OF RINKS AND POOLS 1 1 45-1470 CARE AND PLACING OF TREES 5 9201 PARK UTILITY WORKER 5 /66 B 017 $ 26,057 $ 43,428 B 14 $ 23,632 $ 39,387 50-1230 STREETS & SNOW REMOVAL 1 5021 SUPERINTENDENT OF STREET SANITATION B 021 $ 29,780 $ 49,632 1 1531 TRAINING OFFICER B 017 $ 26,057 $ 43,428 6 5020 SUPERVISOR STREET SANITATION I B 016 $ 25,325 $ 42,208 13 6041 HEAVY EQUIPMENT OPERATOR B 015 $ 24,696 $ 41,160 5 5320 DISPATCHER B 014 $ 23,632 $ 39,387 30 6040 EQUIPMENT OPERATOR B 014 $ 23,632 $ 39,387 24 6021 TRUCK DRIVER STREETS B 039 $ 22,917 $ 38,196 13 9622 LABORER II B 025 $ 22,511 $ 34,822 2 962B LABORER II (DAILY) B 026 $ 22,511 $ 34,822 95 50-1235 STREETS LABOR POOL 10 5010 STREET WORKER 10 B 038 $ 22,631 $ 37,718 50-1250 STREETS FLEET MAINTENANCE 1 6191 FLEET COORDINATOR B 037 $ 31,939 $ 53,232 3 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 26,057 $ 43,428 7 6150 MOTOR EQUIPMENT MECHANIC B 031 $ 23,736 $ 40,326 3 7059 WELDER B 013 $ 23,175 $ 38,626 5 6100 TIRE MECHANIC B 008 $ 22,511 $ 35,796 6 9622 LABORER II B 025 $ 22,511 $ 34,822 1 962B LABORER II (DAILY) B 026 $ 22,511 $ 34,822 26 131 52-1303 VERMIN & ANIMAL CONTROL 1 2830 DIRECTOR ANIMAL CONTROL 2 2811 HEAD EXTERMINATOR 5 2850 DOG CONTROL OFFICER 1 SA95 ANIMAL SHELTER ATTENDANT 2 2810 EXTERMINATOR 2 9622 LABORER II 13 B 019 $ 27,983 $ 46,637 B 019 $ 27,983 $ 46,637 B 013 $ 23,175 $ 38,626 B 029 $ 22,666 $ 37,777 B 010 $ 22,511 $ 36,841 B 025 $ 22,511 $ 34,822 55-1412 SENIOR SERVICES 1 9622 LABORER II B 025 $ 22,511 $ 34,822 2 6031 VAN DRIVER B 033 $ 22,511 $ 31,941 1 9600 LABORER II 1 65-1150 INSPECTIONS ENTERPRISE FUNDS WATER 37-1360 WATER - INSPECT & METER READING 2 4800 WATER SERVICE INSPECTOR 5 5300 METER READER 7 37-1361 WATER - REPAIR & INSTALL METER 1 5240 WATER METER MECHANIC SUPERVISOR 1 8 5230 WATER METER MECHANIC 9 37-1362 WATER - ENGINEERING & INSPECTION 2 4830 WATER LINE INSPECTOR 2 37-1370 WATER - FILTRATION PLANT 1 4780 FILTRATION PLANT MAINTENANCE SUPERVISOR I 4 4409 ASSISTANT FILTRATION PLANT OPERATOR 4 4410 FILTRATION PLANT OPERATOR 9 B 026 $ 22,511 $ 34,822 B 049 $ 26,103 $ 43,504 B 047 $ 22,511 $ 37,303 B 051 B 048 27,518 $ 45,862 24,668 $ 41,112 B 020 $ 29,080 $ 48,467 B 051 $ 27,518 $ 45,862 B 051 $ 27,518 $ 45,862 B 050 $ 26,482 $ 44,137 37-1371 WATER - INTAKE 1 962W LABORER II B 025 $ 22,511 $ 34,822 1 37-1372 WATER - DISTRIBUTION 4 602W HEAVY EQUIPMENT OPERATOR (WATER) B 051 $ 27,518 $ 45,862 1 4821 CHIEF WATER POLLUTION INSPECTOR B 051 $ 27,518 $ 45,862 1 1060 CHIEF DISPACTHER B 017 $ 26,057 $ 43,428 5 532W DISPATCHER B 048 $ 24,668 $ 41,112 5 4700 WATER SERVICE WORKER B 048 $ 24,668 $ 41,112 16 37-1380 WATER - MECHANICAL SERVICES 2 670W ELECTRICIAN 2 692W GENERAL MECHANIC 4 B 050 $ . 26,482 $ 44,137 B 050 $ 26,482 $ 44,137 48 STREETS ENTERPRISE 51-1260 REFUSE & RECYCLING 2 5021 SUPERINTENDENT STREET SANITATION 8 5020 SUPERVISOR OF STREET SANITATION 1 2 5320 DISPATCHER 45 6021 TRUCK DRIVER STREETS 70 5010 STREET WORKER 6 9622 LABORER II 8 021 $ 29.788 $ 48.632 B 016 $ 25,325 $ 42.208 B 014 $ 23.632 $ 39.387 B 039 $ 22.917 $ 38.198 B 038 $ 22,631 $ 37,718 51-1280 BUILDING & FLEET MAINTENANCE 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR 1 B 017 $ 36.057 $ 43,428 7 6150 MOTOR EQUIPMENT MECHANIC B 031 $ 23.736 $ 40.326 \ 141 This ordinance shall be effective July 1 2012. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Gerald Chwalinski, City Clerk, Kevin J. Helfer, Commissioner of Parking, Daniel Derenda, Commissioner of Police, Garnell W. Whitfield, Commissioner of Fire, Steven J. Stepniak, Commissioner of Public Works, Otis T. Barker, Acting Commissioner of Community Services, James W. Comerford, Commissioner of Permits & Licenses and Mark J.F. Schroeder, Comptroller and Donna J. Estrich, Commissioner of Administration, Finance, Policy and Urban Affairs, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24-15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. du<.3-F61644.47 J.F. SCHROEDER COMPTROLLER " Oa. GARNELL W. WHITF COMMISSIONER OF FI GERALD C WALINSKI CITY CLERK /(-, /4P KEVIN J. HELFER COMMISSIONER OF PARKING ST J. ST'S K COMMISSIE�NE O PUBLIC WORKS A./ - LtAVA1 BYRN W. BROWN MAYOR DANIEL DERENDA POLICE COMMISSIONER OTIS T. BARKER ACTING COMMISSIONER COMMUNITY SERVICES t: A A (A 2/1 DSA J. ESTRICH COMMISSIONER OF ADMINISRATION AND FINANCE, POLICY & URBAN AFFAIRS OF c2J %AMES W. COMERFORDU COMMISSIONER OF PERMITS & LICENSES 02-1021 RECORD MANAGEMENT IMPROV. 5 9622 LABORER II 5 03-1514 REAL ESTATE 1 9622 LABORER II 2 9621 LABORER I 3 17-1081 INVENTORY & STORES 6 9622 LABORER II 6 B 025 $ 22,962 $ 35,518 B 025 $ 22,962 $ 35,518 B 024 $ 22,962 $ 32,726 B 025 $ 22,962 $ 35,518 17-1082 PRINT SHOP 1 9622 LABORER II B 025 $ 22,962 $ 35,518 1 7 14-1112 TOWING & STORAGE 1 5320 DISPATCHER 4 6011 TOW TRUCK OPERATOR 2 9622 LABORER II 7 14-1113 METERS & ENFORCEMENT 1 6292 SUPT OF PARKING METERS & ENFORCEMENT 1 5331 PARKING ENFORCEMENT SUPERVISOR 5 5200 PARKING METER MECHANIC 11 5330 PARKING ENFORCEMENT OFFICER 3 9622 LABORER II 21 28 20-1124 CIVILIANS 3 2101 SENIOR PUBLIC SAFETY DISPATCHER 19 2100 PUBLIC SAFETY DISPATCHER 5 2001 SR. CELLBLOCKATTENDANT 39 2000 CELLBLOCK ATTENDANT 10 1069 POLICE SURVELANCE CAMERA MONITOR 76 B 014 $ 24,105 $ 40,175 B 010 $ 22,962 $ 37,578 B 025 $ 22,962 $ 35,518 B 021 $ 30,376 $ 50,625 B 018 $ 28,130 $ 46,885 B 010 $ 22,962 $ 37,578 B 008 $ 22,962 $ 36,512 B 025 $ 22,962 $ 35,518 B 034 $ 27,012 $ 45,020 B 036 $ 24,211 $ 40,352 B 031 $ 23,736 $ 40,326 B 010 $ 22,511 $ 36,841 B 064 $ 22,962 $ 33,281 20-1122 FLEET MAINTENANCE 1 2161 SUPERINTENDENT FLEET MAINTENANCE B 022 $ 34,579 $ 57,632 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 26,578 $ 44,296 10 1 13 6150 MOTOR EQUIPMENT MECHANIC 9622 LABORER II 20-1123 BUILDING MAINTENANCE 1 8210 HEAD JANITOR 6 9622 LABORER II 3 9621 LABORER I 10 99 B 031 $ 24,211 $ 41,132 B 025 $ 22,962 $ 35,518 B 008 $ 22,962 $ 36,512 B 025 $ 22,962 $ 35,518 B 024 $ 22,962 $ 32,726 21-1135 FIRE ALARM & TELEGRAPH 1 7480 SUPERINTENDENT OF COMMUNICATIONS OPERATION B 056 $ 51,060 $ 85,100 3 2309 SENIOR EMERGENCY SERVICES FIRE DISPATCHER B 062 $ 33,936 $ 56,560 1 104B RADIO SUPERVISOR B 042 $ 32,898 $ 54,830 1 7461 COMMUNICATIONS MAINTENANCE SUPERINTENDENT B 042 $ 32,898 $ 54,830 3 7460 COMMUNICATIONS TECHNICIAN B 017 $ 26,578 $ 44,296 2 7420 COMMUNICATIONS SPECIALIST B 015 $ 25,190 $ 41,983 12 2310 EMERGENCY SERVICES FIRE DISPATCHER B 036 $ 24,211 $ 40,352 23 21-1136 FIRE FLEET MAINTENANCE 1 2350 SUPERINTENDENT OF FIRE VEHICLE MAINTENANCE B 023 $ 35,328 $ 58,879 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 26,578 $ 44,296 6 6150 MOTOR EQUIPMENT MECHANIC B 031 $ 24,211 $ 41,132 8 21-1138 FIRE HEADQUARTERS & STATION HOUSE 1 658B CARPENTER B 014 $ 24,105 $ 40,175 1 9622 LABORER II B 025 $ 22,962 $ 35,518 1 9621 LABORER I B 024 $ 22,962 $ 32,726 3 21-1139 SUPPORT SERVICES 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 26,578 $ 44,296 1 35 31-1191 TRAFFIC ENGINEERING 1 2180 SUPERINTENDENT OF TRAFFIC SIGNAL SYSTEM B 021 $ 30,376 $ 50,625 1 7422 TRAFFIC SIGNAL TECHNICIAN B 020 $ 29,662 $ 49,437 1 6732 SIGN FABRICATOR B 017 $ 26,578 $ 44,296 2 7421 TRAFFIC SIGNAL SPECIALIST B 015 $ 25,190 $ 41,983 2 6700 ELECTRICIAN B 014 $ 24,105 $ 40,175 1 7090 MACHINE OPERATOR B 008 $ 22,962 $ 36,512 7 9622 LABORER II B 025 $ 22,962 $ 35,518 1 1 9621 LABORER I B 024 $ 22,962 $ 32,726 16 31-1211 REPAIR & CONSTRUCTION OF STREETS 1 4311 STREET REPAIR SUPERVISOR I 1 6680 CEMENT FINISHER 6 4310 STREET REPAIR WORKER 1 9622 LABORER II 1 9621 LABORER I 10 B 016 $ 25,831 $ 43,052 B 014 $ 24,105 $ 40,175 B 010 $ 22,962 $ 37,578 B 025 $ 22,962 $ 35,518 B 024 $ 22,962 $ 32,726 31-1213 BRIDGES 1 6002 SUPERVISOR OF WATERWAY AND BRIDGE MAINTENANCE B 027 $ 29,718 $ 49,529 1 6321 MARINE ELECTRICAL MECHANICAL OPERATOR B 014 $ 24,105 $ 40,175 1 6700 ELECTRICIAN B 014 $ 24,105 $ 40,175 2 6920 GENERAL MECHANIC B 014 $ 24,105 $ 40,175 1 7060 COMBO WELDER B 014 $ 24,105 $ 40,175 4 6000 BRIDGE OPERATING ENGINEERS B 013 $ 23,639 $ 39,399 3 9622 LABORER II B 025 $ 22,962 $ 35,518 13 31-1216 LIGHTING OF STREETS 2 9622 LABORER II B 025 $ 22,962 $ 35,518 2 41 32-1096 OPERATIONS & MAINTENANCE PUBLIC WORKS 1 6300 SUPERVISOR OF MAINTENANCE I B 020 $ 29,662 $ 49,437 2 6740 PAINTER B 016 $ 25,831 $ 43,052 2 6920 GENERAL MECHANIC B 014 $ 24,105 $ 40,175 2 6510 PLUMBER B 014 $ 24,105 $ 40,175 2 6550 STEAMFITTER B 014 $ 24,105 $ 40,175 2 658B CARPENTER B 014 $ 24,105 $ 40,175 1 6630 MASON B 014 $ 24,105 $ 40,175 19 9622 LABORER II B 025 $ 22,962 $ 35,518 3 9621 LABORER I B 024 $ 22,962 $ 32,726 34 32-1534 MIT TEAM 7 9622 LABORER II B 025 $ 22,962 $ 35,518 41 41-1460 PARKS, GOLF COURSES & GARDENS 4 9120 PARKS SUPERVISOR I 1 8541 HEAD GROWER 1 9110 GREENSKEEPER 3 6150 MOTOR EQUIPMENT MECHANIC 17 9201 PARK UTILITY WORKER 8 9622 LABORER II 34 B 018 $ 28,130 $ 46,885 B 017 $ 26,578 $ 44,296 B 017 $ 26,578 $ 44,296 B 031 $ 24,211 $ 41,132 B 014 $ 24,105 $ 40,175 B 025 $ 22,962 $ 35,518 l /\5 42-1422 RECREATION FACILITIES 1 9280 SUPERVISOR OF RINKS AND POOLS 1 1 45-1470 CARE AND PLACING OF TREES 5 9201 PARK UTILITY WORKER 5 B 017 $ 26,578 $ 44,296 B 14 $ 24,105 $ 40,175 50-1230 STREETS & SNOW REMOVAL 1 5021 SUPERINTENDENT OF STREET SANITATION B 021 $ 30,376 $ 50,625 1 1531 TRAINING OFFICER B 017 $ 26,578 $ 44,296 6 5020 SUPERVISOR STREET SANITATION I B 016 $ 25,831 $ 43,052 13 6041 HEAVY EQUIPMENT OPERATOR B 015 $ 25,190 $ 41,983 5 5320 DISPATCHER B 014 $ 24,105 $ 40,175 30 6040 EQUIPMENT OPERATOR B 014 $ 24,105 $ 40,175 24 6021 TRUCK DRIVER STREETS B 039 $ 23,376 $ 38,960 13 9622 LABORER II B 025 $ 22,962 $ 35,518 2 962B LABORER II (DAILY) B 026 $ 22,962 $ 35,518 95 50-1235 STREETS LABOR POOL 10 5010 STREET WORKER 10 B 038 $ 23,083 $ 38,472 50-1250 STREETS FLEET MAINTENANCE 1 6191 FLEET COORDINATOR B 037 $ 32,578 $ 54,296 3 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 26,578 $ 44,296 7 6150 MOTOR EQUIPMENT MECHANIC B 031 $ 24,211 $ 41,132 3 7059 WELDER B 013 $ 23,639 $ 39,399 5 6100 TIRE MECHANIC B 008 $ 22,962 $ 36,512 6 9622 LABORER II B 025 $ 22,962 $ 35,518 1 962B LABORER II (DAILY) B 026 $ 22,962 $ 35,518 26 131 52-1303 VERMIN & ANIMAL CONTROL 1 2830 DIRECTOR ANIMAL CONTROL B 019 $ 28,542 $ 47,570 2 2811 HEAD EXTERMINATOR B 019 $ 28,542 $ 47,570 5 2850 DOG CONTROL OFFICER B 013 $ 23,639 $ 39,399 1 SA95 ANIMAL SHELTER ATTENDANT B 029 $ 23,120 $ 38,532 2 2810 EXTERMINATOR B 010 $ 22,962 $ 37,578 2 9622 LABORER II B 025 $ 22,962 $ 35,518 13 55-1412 SENIOR SERVICES 1 9622 LABORER II B 025 $ 22,962 $ 35,518 2 6031 VAN DRIVER B 033 $ 22,962 $ 32,580 3 3 1 9600 LABORER II 1 65-1150 INSPECTIONS ENTERPRISE FUNDS WATER 37-1360 WATER - INSPECT & METER READING 2 4800 WATER SERVICE INSPECTOR 5 5300 METER READER 7 37-1361 WATER - REPAIR & INSTALL METER 1 5240 WATER METER MECHANIC SUPERVISOR I 8 5230 WATER METER MECHANIC 9 37-1362 WATER - ENGINEERING & INSPECTION 2 4830 WATER LINE INSPECTOR 2 B 026 $ 22,962 $ 35,518 B 049 $ 26,625 $ 44,374 B 047 $ 22,962 $ 38,050 B 051 $ 28,068 $ 46,780 B 048 $ 25,161 $ 41,934 B 020 $ 29,662 $ 49,437 37-1370 WATER - FILTRATION PLANT 1 4780 FILTRATION PLANT MAINTENANCE SUPERVISOR I B 051 $ 28,068 $ 46,780 4 4409 ASSISTANT FILTRATION PLANT OPERATOR B 051 $ 28,068 $ 46,780 4 4410 FILTRATION PLANT OPERATOR B 050 $ 27,012 $ 45,020 9 37-1371 WATER - INTAKE 1 962W LABORER II B 025 $ 22,962 $ 35,518 1 37-1372 WATER - DISTRIBUTION 4 602W HEAVY EQUIPMENT OPERATOR (WATER) B 051 $ 28,068 $ 46,780 1 4821 CHIEF WATER POLLUTION INSPECTOR B 051 $ 28,068 $ 46,780 1 1060 CHIEF DISPACTHER B 017 $ 26,578 $ 44,296 5 532W DISPATCHER B 048 $ 25,161 $ 41,934 5 4700 WATER SERVICE WORKER B 048 $ 25,161 $ 41,934 16 37-1380 WATER - MECHANICAL SERVICES 2 670W ELECTRICIAN 2 692W GENERAL MECHANIC 4 B 050 $ 27,012 $ 45,020 B 050 $ 27,012 $ 45,020 48 STREETS ENTERPRISE 51-1260 REFUSE & RECYCLING 2 5021 SUPERINTENDENT STREET SANITATION 8 5020 SUPERVISOR OF STREET SAN ITATION 1 2 5320 DISPATCHER 45 • 6021 TRUCK DRIVER STREETS 70 5010 STREET WORKER 6 9622 LABORER II B 021 $ 30,376 $ 50,625 B 016 $ 25,831 $ 43.052 B 014 $ 24,105 $ 40.175 B 039 $ 23.376 $ 38.960 B 038 $ 23.083 $ 38,472 B 025 $ 22,962 $ 35,518 51-1280 BUILDING & FLEET MAINTENANCE 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR 1 B 017 $ 26.578 $ 44.296 B 7 6150 K4OT��RBQUiPK8ENTK8ECHAN({� 031 $ 24,211 $ 41,132 1 141 1 This ordinance shall be effective July 1 2013. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Gerald Chwalinski, City Clerk, Kevin J. Helfer, Commissioner of Parking, Daniel Derenda, Commissioner of Police, Garnell W. Whitfield, Commissioner of Fire, Steven J. Stepniak, Commissioner of Public Works, Otis T. Barker, Acting Commissioner of Community Services, James W. Comerford, Commissioner of Permits & Licenses and Mark J.F. Schroeder, Comptroller and Donna J. Estrich, Commissioner of Administration, Finance, Policy and Urban Affairs, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24-15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. iseer.0"" MARK J.F. SCHROEDER COMPTROLLER 11 (Ar) GARNELL W. WHITFIE COMMISSIONER OF FIRE GERALD CHWA CITY CLERK J KEVIN J. HELFER COMMISSIONER OF PARKING ST9 N J. S KPNIAk COMMISSIONER OF PUBLIC WORKS k DANIEL DERENDA POLICE COMMISSIONER OTIS T. BARKER ACTING COMMISSIONER OF COMMUNITY SERVICES 'ID A J. ESTRICH COMMISSIONER OF ADMINISRATION AND FINANCE, POLICY & URBAN AFFAIRS ES W. COMERFORD COMMISSIONER OF PERMITS & LICENSES 02-1021 RECORD MANAGEMENT IMPROV. 5 9622 LABORER II 5 03-1514 REAL ESTATE 1 9622 LABORER II 2 9621 LABORER I 3 17-1081 INVENTORY & STORES 6 9622 LABORER II 6 B 025 $ 23,421 $ 36,229 B 025 $ 23,421 $ 36,229 B 024 $ 23,421 $ 33,380 B 025 $ 23,421 $ 36,229 17-1082 PRINT SHOP 1 9622 LABORER II B 025 $ 23,421 $ 36,229 1 7 14-1112 TOWING & STORAGE 1 5320 DISPATCHER 4 6011 TOW TRUCK OPERATOR 2 9622 LABORER II 7 14-1113 METERS & ENFORCEMENT 1 6292 SUPT OF PARKING METERS & ENFORCEMENT 1 5331 PARKING ENFORCEMENT SUPERVISOR 5 5200 PARKING METER MECHANIC 11 5330 PARKING ENFORCEMENT OFFICER 3 9622 LABORER II 21 28 20-1124 CIVILIANS 3 2101 SENIOR PUBLIC SAFETY DISPATCHER 19 2100 PUBLIC SAFETY DISPATCHER 5 2001 SR. CELLBLOCKATTENDANT 39 2000 CELLBLOCKATTENDANT 10 1069 POLICE SURVELANCE CAMERA MONITOR 76 B 014 $ 24,587 $ 40,979 B 010 $ 23,421 $ 38,330 B 025 $ 23,421 $ 36,229 B 021 $ 30,983 $ 51,637 B 018 $ 28,693 $ 47,822 B 010 $ 23,421 $ 38,330 B 008 $ 23,421 $ 37,242 B 025 $ 23,421 $ 36,229 B 034 $ 27,552 $ 45,921 B 036 $ 24,695 $ 41,159 B 066 $ 24,211 $ 41,132 B 065 $ 22,962 $ 37,578 B 064 $ 23,421 $ 33,947 20-1122 FLEET MAINTENANCE 1 2161 SUPERINTENDENT FLEET MAINTENANCE B 022 $ 35,270 $ 58,785 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 27,110 $ 45,182 10 1 13 6150 MOTOR EQUIPMENT MECHANIC 9622 LABORER II 20-1123 BUILDING MAINTENANCE 1 8210 HEAD JANITOR 6 9622 LABORER II 3 9621 LABORER I 10 99 B 031 $ 24,695 $ 41,955 B 025 $ 23,421 $ 36,229 B 008 $ 23,421 $ 37,242 B 025 $ 23,421 $ 36,229 B 024 $ 23,421 $ 33,380 21-1135 FIRE ALARM & TELEGRAPH 1 7480 SUPERINTENDENT OF COMMUNICATIONS OPERATION B 056 $ 52,081 $ 86,802 3 2309 SENIOR EMERGENCY SERVICES FIRE DISPATCHER B 062 $ 34,614 $ 57,692 1 104B RADIO SUPERVISOR B 042 $ 33,556 $ 55,927 1 7461 COMMUNICATIONS MAINTENANCE SUPERINTENDENT B 042 $ 33,556 $ 55,927 3 7460 COMMUNICATIONS TECHNICIAN B 017 $ 27,110 $ 45,182 2 7420 COMMUNICATIONS SPECIALIST B 015 $ 25,694 $ 42,823 12 2310 EMERGENCY SERVICES FIRE DISPATCHER B 036 $. 24,695 $ 41,159 23 21-1136 FIRE FLEET MAINTENANCE 1 2350 SUPERINTENDENT OF FIRE VEHICLE MAINTENANCE B 023 $ 36,034 $ 60,057 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 27,110 $ 45,182 6 6150 MOTOR EQUIPMENT MECHANIC B 031 $ 24,695 $ 41,955 8 21-1138 FIRE HEADQUARTERS & STATION HOUSE 1 658B CARPENTER B 014 $ 24,587 $ 40,979 1 9622 LABORER II B 025 $ 23,421 $ 36,229 1 9621 LABORER I B 024 $ 23,421 $ 33,380' 3 21-1139 SUPPORT SERVICES 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 27,110 $ 45,182 1 35 31-1191 TRAFFIC ENGINEERING 1 2180 SUPERINTENDENT OF TRAFFIC SIGNAL SYSTEM B 021 $ 30,983 $ 51,637 1 7422 TRAFFIC SIGNAL TECHNICIAN B 020 $ 30,255 $ 50,425 1 6732 SIGN FABRICATOR B 017 $ 27,110 $ 45,182 2 7421 TRAFFIC SIGNAL SPECIALIST B 015 $ 25,694 $ 42,823 2 6700 ELECTRICIAN B 014 $ 24,587 $ 40,979 1 7090 MACHINE OPERATOR B 008 $ 23,421 $ 37,242 7 9622 LABORER II B 025 $ 23,421 $ 36,229 1 9621 LABORER I B 024 $ 23,421 $ 33,380 16 31-1211 1 1 6 1 1 10 REPAIR & CONSTRUCTION OF STREETS 4311 STREET REPAIR SUPERVISOR 1 6680 CEMENT FINISHER 4310 STREET REPAIR WORKER 9622 LABORER 11 9621 LABORER I B 016 $ 26,348 $ 43,913 B 014 $ 24,587 $ 40,979 B 010 $ 23,421 $ 38,330 B 025 $ 23,421 $ 36,229 B 024 $ 23,421 $ 33,380 31-1213 BRIDGES 1 6002 SUPERVISOR OF WATERWAY AND BRIDGE MAINTENANCE B 027 $ 30,312 $ 50,520 1 6321 MARINE ELECTRICAL MECHANICAL OPERATOR B 014 $ 24,587 $ 40,979 1 6700 ELECTRICIAN B 014 $ 24,587 $ 40,979 2 6920 GENERAL MECHANIC B 014 $ 24,587 $ 40,979 1 7060 COMBO WELDER B 014 $ 24,587 $ 40,979 4 6000 BRIDGE OPERATING ENGINEERS B 013 $ 24,112 $ 40,187 3 9622 LABORER 11 B 025 $ 23,421 $ 36,229 13 31-1216 LIGHTING OF STREETS 2 9622 LABORER II B 025 $ 23,421 $ 36,229 2 41 32-1096 OPERATIONS & MAINTENANCE PUBLIC WORKS 1 6300 SUPERVISOR OF MAINTENANCE I B 020 $ 30,255 $ 50,425 2 6740 PAINTER B 016 $ 26,348 $ 43,913 2 6920 GENERAL MECHANIC B 014 $ 24,587 $ 40,979 2 6510 PLUMBER B 014 $ 24,587 $ 40,979 2 6550 STEAMFITTER B 014 $ 24,587 $ 40,979 2 658B CARPENTER B 014 $ 24,587 $ 40,979 1 6630 MASON B 014 $ 24,587 $ 40,979 19 9622 LABORER 11 B 025 $ 23,421 $ 36,229 3 9621 LABORER 1 B 024 $ 23,421 $ 33,380 34 32-1534 MIT TEAM 7 9622 LABORER 11 B 025 $ 23,421 $ 36,229 41 41-1460 PARKS, GOLF COURSES & GARDENS 4 9120 PARKS SUPERVISOR I B 018 $ 28,693 $ 47,822 1 8541 HEAD GROWER B 017 $ 27,110 $ 45,182 1 9110 GREENSKEEPER B 017 $ 27,110 $ 45,182 3 6150 MOTOR EQUIPMENT MECHANIC B 031 $ 24,695 $ 41,955 17 9201 PARK UTILITY WORKER B 014 $ 24,587 $ 40,979 8 9622 LABORER 11 B 025 $ 23,421 $ 36,229 34 42-1422 RECREATION FACILITIES. 1 9280 SUPERVISOR OF RINKS AND POOLS 1 1 1 45-1470 CARE AND PLACING OF TREES 5 9201 PARK UTILITY WORKER 5 601 B 017 $ 27,110 $ 45,182 B 14 $ 24,587 $ 40,979 50-1230 STREETS & SNOW REMOVAL 1 5021 SUPERINTENDENT OF STREET SANITATION B 021 $ 30,983 $ 51,637 1 1531 TRAINING OFFICER B 017 $ 27,110 $ 45,182 6 5020 SUPERVISOR STREET SANITATION I B 016 $ 26,348 $ 43,913 13 6041 HEAVY EQUIPMENT OPERATOR B 015 $ 25,694 $ 42,823 5 5320 DISPATCHER B 014 $ 24,587 $ 40,979 30 6040 EQUIPMENT OPERATOR B 014 $ 24,587 $ 40,979 24 6021 TRUCK DRIVER STREETS B 039 $ 23,843 $ 39,739 13 9622 LABORER II B 025 $ 23,421 $ 36,229 2 962B LABORER II (DAILY) B 026 $ 23,421 $ 36,229 95 50-1235 STREETS LABOR POOL 10 5010 STREET WORKER 10 50-1250. STREETS FLEET MAINTENANCE 1 6191 FLEET COORDINATOR 3 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I 7 6150 MOTOR EQUIPMENT MECHANIC 3 7059 WELDER 5 6100 TIRE MECHANIC 6 9622 LABORER II 1 962B LABORER II (DAILY) 26 131 52-1303 VERMIN & ANIMAL CONTROL 1 2830 DIRECTOR ANIMAL CONTROL 2 2811 HEAD EXTERMINATOR 5 2850 DOG CONTROL OFFICER 1 SA95 ANIMAL SHELTER ATTENDANT 2 2810 EXTERMINATOR 2 9622 LABORER II 13 B 038 $ 23,545 $ 39,241 B 037 $ 33,230 $ 55,382 B 017 $ 27,110 $ 45,182 B 031 $ 24,695 $ 41,955 B 013 $ 24,112 $ 40,187 B 008 $ 23,421 $ 37,242 B 025 $ 23,421 $ 36,229 B 026 $ 23,421 $ 36,229 B 019 $ 29,113 $ 48,522 B 019 $ 29,113 $ 48,522 B 013 $ 24,112 $ 40,187 B 029 $ 23,582 $ 39,303 B 010 $ 23,421 $ 38,330 B 025 $ 23,421 $ 36,229 55-1412 SENIOR SERVICES 1 9622 LABORER II B 025 $ 23,421 $ 36,229 2 6031 VAN DRIVER B 033 $ 23,421 $ 33,232 a 3 3 1 9600 LABORER II 1 65-1150 INSPECTIONS ENTERPRISE FUNDS WATER 37-1360 WATER - INSPECT & METER READING 2 4800 WATER SERVICE INSPECTOR 5 5300 METER READER 7 37-1361 WATER - REPAIR & INSTALL METER 1 5240 WATER METER MECHANIC SUPERVISOR I 8 5230 WATER METER MECHANIC 9 37-1362 WATER - ENGINEERING & INSPECTION 2 4830 WATER LINE INSPECTOR 2 B 026 $ 23,421 $ 36,229 B 049 $ 27,157 $ 45,262 B 047 $ 23,421 $ 38,810 B 051 $ 28,629 $ 47,715 B 048 $ 25,664 $ 42,773 B 020 $ 30,255 $ 50,425 37-1370 WATER - FILTRATION PLANT 1 4780 FILTRATION PLANT MAINTENANCE SUPERVISOR I B 051 $ 28,629 $ 47,715 4 4409 ASSISTANT FILTRATION PLANT OPERATOR B 051 $ 28,629 $ 47,715 4 4410 FILTRATION PLANT OPERATOR B 050 $ 27,552 $ 45,921 9 37-1371 WATER - INTAKE 1 962W LABORER II B 025 $ 23,421 $ 36,229 1 37-1372 WATER - DISTRIBUTION 4 602W HEAVY EQUIPMENT OPERATOR (WATER) B 051 $ 28,629 $ 47,715 1 4821 CHIEF WATER POLLUTION INSPECTOR B 051 $ 28,629 $ 47,715 1 1060 CHIEF DISPACTHER B 017 $ 27,110 $ 45,182 5 532W DISPATCHER B 048 $ 25,664 $ 42,773 5 4700 WATER SERVICE WORKER B 048 $ 25,664 $ 42,773 16 37-1380 WATER - MECHANICAL SERVICES 2 670W ELECTRICIAN 2 692W GENERAL MECHANIC 4 B 050 $ 27,552 $ 45,921 B 050 $ 27,552 $ 45,921 STREETS ENTERPRISE 51-1260 REFUSE & RECYCLING 2 5021 SUPERINTENDENT STREET SANITATION 8 5020 SUPERVISOR OF STREET SANITATION I 2 5320 DISPATCHER 45 6021 TRUCK DRIVER STREETS 70 5010 STREET WORKER 6 9622 LABORER II B 021 $ 30,983 $ 51,637 B 016 $ 26,348 $ 43,913 B 014 $ 24,587 $ 40,979 B 039 $ 23,843 $ 39,739 B 038 $ 23,545 $ 39,241 B 025 $ 23,421 $ 36,229 51-1280 BUILDING & FLEET MAINTENANCE 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 27,110 $ 45,182 7 6150 MOTOR EQUIPMENT MECHANIC B 031 $ 24,695 $ 41,955 141 1 This ordinance shall be effective July 1 2014. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Gerald Chwalinski, City Clerk, Kevin J. Helfer, Commissioner of Parking, Daniel Derenda, Commissioner of Police, Garnell W. Whitfield, Commissioner of Fire, Steven J. Stepniak, Commissioner of Public Works, Otis T. Barker, Acting Commissioner of Community Services, James W. Comerford, Commissioner of Permits & Licenses and Mark J.F. Schroeder, Comptroller and Donna J. Estrich, Commissioner of Administration, Finance, Policy and Urban Affairs, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24-15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. COMPTROLLER LA')(:) CTA: ( GARNELL . WHITFIELD COMMISSIONER OF FIRE t GERALD C WALINSKI CITY CLERK KEVIN J. HELFER COMMISSIONER OF PARKING • PVLN JfEPNIAK COMMISSIONER OF PUBLIC WORKS DANIEL DERENDA POLICE COMMISSIONER OTIS T. BARKER ACTING COMMISSIONER OF COMMUNITY SERVICES r C4 _Anc._ r DONNA J. ESTRICH COMMISSIONER OF ADMINISRATION AND FINANCE, POLICY & URBAN AFFAIRS 9 £MES W. COMERFORD COMMISSIONER OF PERMITS & LICENSES 02-1021 RECORD MANAGEMENT IMPROV. 5 9622 LABORER II 5 03-1514 REAL ESTATE 1 9622 LABORER II 2 9621 LABORER I 3 17-1081 INVENTORY & STORES 6 9622 LABORER II 6 B 025 $ 23,889 $ 36,953 B 025 $ 23,889 $ 36,953 B 024 $ 23,889 $ 34,048 B 025 $ 23,889 $ 36,953 17-1082 PRINT SHOP 1 9622 LABORER II B 025 $ 23,889 $ 36,953 1 7 14-1112 TOWING & STORAGE 1 5320 DISPATCHER 4 6011 TOW TRUCK OPERATOR 2 9622 LABORER II 7 14-1113 METERS & ENFORCEMENT 1 6292 SUPT OF PARKING METERS & ENFORCEMENT 1 5331 PARKING ENFORCEMENT SUPERVISOR 5 5200 PARKING METER MECHANIC 11 5330 PARKING ENFORCEMENT OFFICER 3 9622 LABORER II 21 28 20-1124 CIVILIANS 3 2101 SENIOR PUBLIC SAFETY DISPATCHER 19 2100 PUBLIC SAFETY DISPATCHER 5 2001 SR. CELLBLOCK ATTENDANT 39 2000 CELLBLOCKATTENDANT 10 1069 POLICE SURVELANCE CAMERA MONITOR 76 B 014 $ 25,079 $ 41,798 B 010 $ 23,889 $ 39,096 B 025 $ 23,889 $ 36,953 B 021 $ 31,603 $ 52,670 B 018 $ 29,267 $ 48,779 B 010 $ 23,889 $ 39,096 B 008 $ 23,889 $ 37,987 B 025 $ 23,889 $ 36,953 B 034 $ 28,103 $ 46,839 B 036 $ 25,189 $ 41,982 B 066 $ 24,695 $ 41,955 B 065 $ 23,421 $ 38,330 B 064 $ 23,889 $ 34,626 20-1122 FLEET MAINTENANCE 1 2161 SUPERINTENDENT FLEET MAINTENANCE B 022 $ 35,976 $ 59,960 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 27,652 $ 46,086 10 1 13 (�a1 6150 MOTOR EQUIPMENT MECHANIC 9622 LABORER II 20-1123 BUILDING MAINTENANCE 1 8210 HEAD JANITOR 6 9622 LABORER II 3 9621 LABORER I 10 99 B 031 $ 25,189 $ 42,794 B 025 $ 23,889 $ 36,953 B 008 $ 23,889 $ 37,987 B 025 $ 23,889 $ 36,953 B 024 $ 23,889 $ 34,048 21-1135 FIRE ALARM & TELEGRAPH 1 7480 SUPERINTENDENT OF COMMUNICATIONS OPERATION B 056 $ 53,123 $ 88,538 3 2309 SENIOR EMERGENCY SERVICES FIRE DISPATCHER B 062 $ 35,307 $ 58,845 1 104B RADIO SUPERVISOR B 042 $ 34,228 $ 57,045 1 7461 COMMUNICATIONS MAINTENANCE SUPERINTENDENT B 042 $ 34,228 $ 57,045 3 7460 COMMUNICATIONS TECHNICIAN B 017 $ 27,652 $ 46,086 2 7420 COMMUNICATIONS SPECIALIST B 015 $ 26,208 $ 43,679 12 2310 EMERGENCY SERVICES FIRE DISPATCHER B 036 $ 25,189 $ 41,982 23 21-1136 FIRE FLEET MAINTENANCE 1 2350 SUPERINTENDENT OF FIRE VEHICLE MAINTENANCE B 023 $ 36,755 $ 61,258 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 27,652 $ 46,086 6 6150 MOTOR EQUIPMENT MECHANIC B 031 $ 25,189 $ 42,794 8 21-1138 FIRE HEADQUARTERS & STATION HOUSE 1 658B CARPENTER B 014 $ 25,079 $ 41,798 1 9622 LABORER II B 025 $ 23,889 $ 36,953 1 9621 LABORER I B 024 $ 23,889 $ 34,048 3 21-1139 SUPPORT SERVICES 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 27,652 $ 46,086 1 35 31-1191 TRAFFIC ENGINEERING 1 2180 SUPERINTENDENT OF TRAFFIC SIGNAL SYSTEM B 021 $ 31,603 $ 52,670 1 7422 TRAFFIC SIGNAL TECHNICIAN B 020 $ 30,860 $ 51,434 1 6732 SIGN FABRICATOR B 017 $ 27,652 $ 46,086 2 7421 TRAFFIC SIGNAL SPECIALIST B 015 $ 26,208 $ 43,679 2 6700 ELECTRICIAN B 014 $ 25,079 $ 41,798 1 7090 MACHINE OPERATOR B 008 $ 23,889 $ 37,987 7 9622 LABORER II B 025 $ 23,889 $ 36,953 1 9621 LABORER I B 024 $ 23,889 $ 34,048 16 31-1211 REPAIR & CONSTRUCTION OF STREETS 1 4311 STREET REPAIR SUPERVISOR I 1 6680 CEMENT FINISHER 6 4310 STREET REPAIR WORKER 1 9622 LABORER II 1 9621 LABORER I 10 B 016 $ 26,875 $ 44,791 B 014 $ 25,079 $ 41,798 B 010 $ 23,889 $ 39,096 B 025 $ 23,889 $ 36,953 B 024 $ 23,889 $ 34,048 31-1213 BRIDGES 1 6002 SUPERVISOR OF WATERWAY AND BRIDGE MAINTENANCE B 027 $ 30,919 $ 51,530 1 6321 MARINE ELECTRICAL MECHANICAL OPERATOR B 014 $ 25,079 $ 41,798 1 6700 ELECTRICIAN B 014 $ 25,079 $ 41,798 2 6920 GENERAL MECHANIC B 014 $ 25,079 $ 41,798 1 7060 COMBO WELDER B 014 $ 25,079 $ 41,798 4 6000 BRIDGE OPERATING ENGINEERS B 013 $ 24,594 $ 40,991 3 9622 LABORER II B 025 $ 23,889 $ 36,953 13 31-1216 LIGHTING OF STREETS 2 9622 LABORER II B 025 $ 23,889 $ 36,953 2 41 32-1096 OPERATIONS & MAINTENANCE PUBLIC WORKS 1 6300 SUPERVISOR OF MAINTENANCE I B 020 $ 30,860 $ 51,434 2 6740 PAINTER B 016 $ 26,875 $ 44,791 2 6920 GENERAL MECHANIC B 014 $ 25,079 $ 41,798 2 6510 PLUMBER B 014 $ 25,079 $ 41,798 2 6550 STEAMFITTER B 014 $ 25,079 $ 41,798 2 658B CARPENTER B 014 $ 25,079 $ 41,798 1 6630 MASON B 014 $ 25,079 $ 41,798 19 9622 LABORER II B 025 $ 23,889 $ 36,953 3 9621 LABORER I B 024 $ 23,889 $ 34,048 34 32-1534 MIT TEAM 7 9622 LABORER II B 025 $ 23,889 $ 36,953 41 41-1460 PARKS, GOLF COURSES & GARDENS 4 9120 PARKS SUPERVISOR I B 018 $ 29,267 $ 48,779 1 8541 HEAD GROWER B 017 $ 27,652 $ 46,086 1 9110 GREENSKEEPER B 017 $ 27,652 $ 46,086 3 6150 MOTOR EQUIPMENT MECHANIC B 031 $ 25,189 $ 42,794 17 9201 PARK UTILITY WORKER B 014 $ 25,079 $ 41,798 8 9622 LABORER II B 025 $ 23,889 $ 36,953 34 42-1422 RECREATION FACILITIES 1 9280 SUPERVISOR OF RINKS AND POOLS 1 1 1 45-1470 CARE AND PLACING OF TREES 5 9201 PARK UTILITY WORKER 5 B 017 $ 27,652 $ 46,086 B 14 $ 25,079 $ 41,798 50-1230 STREETS & SNOW REMOVAL 1 5021 SUPERINTENDENT OF STREET SANITATION B 021 $ 31,603 $ 52,670 1 1531 TRAINING OFFICER B 017 $ 27,652 $ 46,086 6 5020 SUPERVISOR STREET SANITATION I B 016 $ 26,875 $ 44,791 13 6041 HEAVY EQUIPMENT OPERATOR B 015 $ 26,208 $ 43,679 5 5320 DISPATCHER B 014 $ 25,079 $ 41,798 30 6040 EQUIPMENT OPERATOR B 014 $ 25,079 $ 41,798 24 6021 TRUCK DRIVER STREETS B 039 $ 24,320 $ 40,534 13 9622 LABORER II B 025 $ 23,889 $ 36,953 2 962B LABORER II (DAILY) B 026 $ 23,889 $ 36,953 95 50-1235 STREETS LABOR POOL 10 5010 STREET WORKER 10 B 038 $ 24,016 $ 40,026 50-1250 STREETS FLEET MAINTENANCE 1 6191 FLEET COORDINATOR B 037 $ 33,894 $ 56,490 3 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 27,652 $ 46,086 7 6150 MOTOR EQUIPMENT MECHANIC B 031 $ 25,189 $ 42,794 3 7059 WELDER B 013 $ 24,594 $ 40,991 5 6100 TIRE MECHANIC B 008 $ 23,889 $ 37,987 6 . 9622 LABORER II B 025 $ 23,889 $ 36,953 1 962B LABORER II (DAILY) B 026 $ 23,889 $ 36,953 26 131 52-1303 VERMIN & ANIMAL CONTROL 1 2830 DIRECTOR ANIMAL CONTROL 2 2811 HEAD EXTERMINATOR 5 2850 DOG CONTROL OFFICER 1 SA95 ANIMAL SHELTER ATTENDANT 2 2810 EXTERMINATOR 2 9622 LABORER II 13 B 019 $ 29,695 $ 49,492 B 019 $ 29,695 $ 49,492 B 013 $ 24,594. $ 40,991 B 029 $ 24,054 $ 40,089 B 010 $ 23,889 $ 39,096 B 025 $ 23,889 $ 36,953 55-1412 SENIOR SERVICES 1 9622 LABORER II B 025 $ 23,889 $ 36,953 2 6031 VAN DRIVER B 033 $ 23,889 $ 33,896 3 3 1 9600 LABORER II 1 65-1150 INSPECTIONS ENTERPRISE FUNDS WATER 37-1360 WATER - INSPECT & METER READING 2 4800 WATER SERVICE INSPECTOR 5 5300 METER READER 7 B 026 $ 23,889 $ 36,953 B 049 $ 27,701 $ 46,167 B 047 $ 23,889 $ 39,587 37-1361 WATER - REPAIR & INSTALL METER 1 5240 WATER METER MECHANIC SUPERVISOR I B 051 $ 29,202 $ 48,669 8 5230 WATER METER MECHANIC B 048 $ 26,178 $ 43,629 9 37-1362 WATER - ENGINEERING & INSPECTION 2 4830 WATER LINE INSPECTOR 2 B 020 $ 30,860 $ 51,434 37-1370 WATER - FILTRATION PLANT 1 4780 FILTRATION PLANT MAINTENANCE SUPERVISOR I B 051 $ 29,202 $ 48,669 4 4409 ASSISTANT FILTRATION PLANT OPERATOR B 051 $ 29,202 $ 48,669 4 4410 FILTRATION PLANT OPERATOR B 050 $ 28,103 $ 46,839 9 37-1371 WATER - INTAKE 1 962W LABORER II B 025 $ 23,889 $ 36,953 1 37-1372 WATER - DISTRIBUTION 4 602W HEAVY EQUIPMENT OPERATOR (WATER) B 051 $ 29,202 $ 48,669 1 4821 CHIEF WATER POLLUTION INSPECTOR B 051 $ 29,202 $ 48,669 1 1060 CHIEF DISPACTHER B 017 $ 27,652 $ 46,086 5 532W DISPATCHER B 048 $ 26,178 $ 43,629 5 4700 WATER SERVICE WORKER B 048 $ 26,178 $ 43,629 16 37-1380 WATER - MECHANICAL SERVICES 2 670W ELECTRICIAN 2 692W GENERAL MECHANIC 4 B 050 $ 28,103 $ 46,839 B 050 $ 28,1.03 $ 46,839 48 STREETS ENTERPRISE 51-1260 REFUSE & RECYCLING 2 5021 SUPERINTENDENT STREET SANITATION 8 5020 SUPERVISOR OF STREET SANITATION I 2 5320 DISPATCHER 45 6021 TRUCK DRIVER STREETS 70 5010 STREET WORKER 6 9622 LABORER II 51-1280 BUILDING & FLEET MAINTENANCE 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I 7 6150 MOTOR EQUIPMENT MECHANIC 1 141 B 021 $ 31,603 $ 52,670 B 016 $ 26,875 $ 44,791 B 014 $ 25,079 $ 41,798 B 039 $ 24,320 $ 40,534 B 038 $ 24,016 $ 40,026 B 025 $ 23,889 $ 36,953 B 017 $ 27,652 $ 46,086 B 031 $ 25,189 $ 42,794 This ordinance shall be effective July 1 2015. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Gerald Chwalinski, City Clerk, Kevin J. Helfer, Commissioner of Parking, Daniel Derenda, Commissioner of Police, Garnell W. Whitfield, Commissioner of Fire, Steven J. Stepniak, Commissioner of Public Works, Otis T. Barker, Acting Commissioner of Community Services, James W. Comerford, Commissioner of Permits & Licenses and Mark J.F. Schroeder, Comptroller and Donna J. Estrich, Commissioner of Administration, Finance, Policy and Urban Affairs, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24-15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. WTJ.F. SCHROEDER BYRO W. BRO COMPTROLLER MAYOR ARNE L W. WHITFLD COMMISSIONER OF FIRE GERALD CHW = LINSKI CITY CLERK KEVIN J. HELFER COMMISSIONER OF PARKING �NR� OF PUBLIC WORKS DANIEL DERENDA POLICE COMMISSIONER OTIS T. BARKER ACTING COMMISSIONER OF COMMUNITY SERVICES DONNA J. ESTRICH COMMISSIONER OF ADM NISRATION AND FINANCE, POLICY & URBAN AFFAIRS ES W. COMERFOR1 ' COMMISSIONER OF PERMITS & LICENSES 02-1021 RECORD MANAGEMENT IMPROV. 5 9622 LABORER II 5 03-1514 REAL ESTATE 1 9622 LABORER II 2 9621 LABORER I 3 17-1081 INVENTORY & STORES 6 9622 LABORER 11 6 B 025 $ 24,367 $ 37,692 B 025 $ 24,367 $ 37,692 B 024 $ 24,367 $ 34,729 B 025 $ 24,367 $ 37,692 17-1082 PRINT SHOP 1 9622 LABORER II B 025 $ 24,367 $ 37,692 1 7 14-1112 TOWING & STORAGE 1 5320 DISPATCHER 4 6011 TOW TRUCK OPERATOR 2 9622 LABORER II 7 14-1113 METERS & ENFORCEMENT 1 6292 SUPT OF PARKING METERS & ENFORCEMENT 1 5331 PARKING ENFORCEMENT SUPERVISOR 5 5200 PARKING METER MECHANIC 11 5330 PARKING ENFORCEMENT OFFICER 3 9622 LABORER II 21 28 20-1124 CIVILIANS 3 2101 SENIOR PUBLIC SAFETY DISPATCHER 19 2100 PUBLIC SAFETY DISPATCHER 5 2001 SR. CELLBLOCK ATTENDANT 39 2000 CELLBLOCK ATTENDANT 10 1069 POLICE SURVELANCE CAMERA MONITOR 76 B 014 $ 25,580 $ 42,634 B 010 $ 24,367 $ 39,878 B 025 $ 24,367 $ 37,692 B 021 $ 32,235 $ 53,723 B 018 $ 29,852 $ 49,754 B 010 $ 24,367 $ 39,878 B 008 $ 24,367 $ 38,747 B 025 $ 24,367 $ 37,692 B 034 $ 28,665 $ 47,776 B 036 $ 25,693 $ 42,822 B 066 $ 25,189 $ 42,794 B 065 $ 23,889 $ 39,096 B 064 $ 24,367 $ 35,318 20-1122 FLEET MAINTENANCE 1 2161 SUPERINTENDENT FLEET MAINTENANCE B 022 $ 36,695 $ 61,159 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 28,205 $ 47,007 10 1 13 6150 MOTOR EQUIPMENT MECHANIC 9622 LABORER II 20-1123 BUILDING MAINTENANCE 1 8210 HEAD JANITOR 6 9622 LABORER II 3 9621 LABORER I 10 99 93� B 031 $ 25,693 $ 43,650 B 025 $ 24,367 $ 37,692 B 008 $ 24,367 $ 38,747 B 025 $ 24,367 $ 37,692 B 024 $ 24,367 $ 34,729 21-1135 FIRE ALARM & TELEGRAPH 1 7480 SUPERINTENDENT OF COMMUNICATIONS OPERATION B 056 $ 54,185 $ 90,308 3 2309 SENIOR EMERGENCY SERVICES FIRE DISPATCHER B 062 $ 36,013 $ 60,022 1 104B RADIO SUPERVISOR B 042 $ 34,912 $ 58,186 1 7461 COMMUNICATIONS MAINTENANCE SUPERINTENDENT B 042 $ 34,912 $ 58,186 3 7460 COMMUNICATIONS TECHNICIAN B 017 $ 28,205 $ 47,007 2 7420 COMMUNICATIONS SPECIALIST B 015 $ 26,732 $ 44,553 12 2310 EMERGENCY SERVICES FIRE DISPATCHER . B 036 $ 25,693 $ 42,822 23 21-1136 FIRE FLEET MAINTENANCE 1 2350 SUPERINTENDENT OF FIRE VEHICLE MAINTENANCE B 023 $ 37,490 $ 62,483 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 28,205 $ 47,007 6 6150 MOTOR EQUIPMENT MECHANIC B 031 $ 25,693 $ 43,650 8 21-1138 FIRE HEADQUARTERS & STATION HOUSE 1 658B CARPENTER B 014 $ 25,580 $ 42,634 1 9622 LABORER II B 025 $ 24,367 $ 37,692 1 9621 LABORER I B 024 $ 24,367 $ 34,729 3 21-1139 SUPPORT SERVICES 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 28,205 $ 47,007 1 35 31-1191 TRAFFIC ENGINEERING 1 2180 SUPERINTENDENT OF TRAFFIC SIGNAL SYSTEM B 021 $ 32,235 $ 53,723 1 7422 TRAFFIC SIGNAL TECHNICIAN B 020 $ 31,477 $ 52,463 1 6732 SIGN FABRICATOR B 017 $ 28,205 $ 47,007 2 7421 TRAFFIC SIGNAL SPECIALIST B 015 $ 26,732 $ 44,553 2 6700 ELECTRICIAN B 014 $ 25,580 $ 42,634 1 7090 MACHINE OPERATOR B 008 $ 24,367 $ 38,747 7 9622 LABORER II B 025 $ 24,367 $ 37,692 1 9621 LABORER I B 024 $ 24,367 $ 34,729 16 - 31-1211 1 1 6 1 1 10 REPAIR & CONSTRUCTION OF STREETS 4311 STREET REPAIR SUPERVISOR I 6680 CEMENT FINISHER 4310 STREET REPAIR WORKER 9622 LABORER II 9621 LABORER I B 016 $ 27,412 $ 45,687 B 014 $ 25,580 $ 42,634 B 010 $ 24,367 $ 39,878 B 025 $ 24,367 $ 37,692 B 024 $ 24,367 $ 34,729 31-1213 BRIDGES 1 6002 SUPERVISOR OF WATERWAY AND BRIDGE MAINTENANCE B 027 $ 31,537 $ 52,561 1 6321 MARINE ELECTRICAL MECHANICAL OPERATOR B 014 $ 25,580 $ 42,634 1 6700 ELECTRICIAN B 014 $ 25,580 $ 42,634 2 6920 GENERAL MECHANIC B 014 $ 25,580 $ 42,634 1 7060 COMBO WELDER B 014 $ 25,580 $ 42,634 4 6000 BRIDGE OPERATING ENGINEERS B 013 $ 25,086 $ 41,810 3 9622 LABORER II B 025 $ 24,367 $ 37,692 13 31-1216 LIGHTING OF STREETS 2 9622 LABORER II B 025 $ 24,367 $ 37,692 2 41 32-1096 OPERATIONS & MAINTENANCE PUBLIC WORKS 1 6300 SUPERVISOR OF MAINTENANCE I B 020 $ 31,477 $ 52,463 2 6740 PAINTER B 016 $ 27,412 $ 45,687 2 6920 GENERAL MECHANIC B 014 $ 25,580 $ 42,634 2 6510 PLUMBER B 014 $ 25,580 $ 42,634 2 6550 STEAMFITTER B 014 $ 25,580 $ 42,634 2 658B CARPENTER B 014 $ 25,580 $ 42,634 1 6630 MASON B 014 $ 25,580 $ 42,634 19 9622 LABORER II B 025 $ 24,367 $ 37,692 3 9621 LABORER I B 024 $ 24,367 $ 34,729 34 32-1534 MIT TEAM 7 9622 LABORER II B 025 $ 24,367 $ 37,692 41 41-1460 PARKS, GOLF COURSES & GARDENS 4 9120 PARKS SUPERVISOR I B 018 $ 29,852 $ 49,754 1 8541 HEAD GROWER B 017 $ 28,205 $ 47,007 1 9110 GREENSKEEPER B 017 $ 28,205 $ 47,007 3 6150 MOTOR EQUIPMENT MECHANIC B 031 $ 25,693 $ 43,650 17 9201 PARK UTILITY WORKER B 014 $ 25,580 $ 42,634 8 9622 LABORER II B 025 $ 24,367 $ 37,692 34 42-1422 RECREATION FACILITIES 1 9280 SUPERVISOR OF RINKS AND POOLS 1 1 1 45-1470 CARE AND PLACING OF TREES 5 9201 PARK UTILITY WORKER 5 50-1230 STREETS & SNOW REMOVAL 1 5021 SUPERINTENDENT OF STREET SANITATION 1 1531 TRAINING OFFICER 6 5020 SUPERVISOR STREET SANITATION I 13 6041 HEAVY EQUIPMENT OPERATOR 5 5320 DISPATCHER 30 6040 EQUIPMENT OPERATOR 24 6021 TRUCK DRIVER STREETS 13 9622 LABORER II 2 962B LABORER II (DAILY) 95 50-1235 STREETS LABOR POOL 10 5010 STREET WORKER 10 B 017 $ 28,205 $ 47,007 B 14 $ 25,580 $ 42,634 B 021 $ 32,235 $ 53,723 B 017 $ 28,205 $ 47,007 B 016 $ 27,412 $ 45,687 B 015 $ 26,732 $ 44,553 B 014 $ 25,580 $ 42,634 B 014 $ 25,580 $ 42,634 B 039 $ 24,806 $ 41,345 B 025 $ 24,367 $ 37,692 B 026 $ 24,367 $ 37,692 B 038 $ 24,496 $ 40,827 50-1250 STREETS FLEET MAINTENANCE 1 6191 FLEET COORDINATOR B 037 $ 34,572 $ 57,620 3 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 28,205 $ 47,007 7 6150 MOTOR EQUIPMENT MECHANIC B 031 $ 25,693 $ 43,650 3 7059 WELDER B 013 $ 25,086 $ 41,810 5 6100 TIRE MECHANIC B 008 $ 24,367 $ 38,747 6 9622 LABORER II B 025 $ 24,367 $ 37,692 1 962B LABORER II (DAILY) B 026 $ 24,367 $ 37,692 26 131 52-1303 VERMIN & ANIMAL CONTROL 1 2830 DIRECTOR ANIMAL CONTROL 2 2811 HEAD EXTERMINATOR 5 2850 DOG CONTROL OFFICER 1 SA95 ANIMAL SHELTER ATTENDANT 2 2810 EXTERMINATOR 2 9622 LABORER II 13 B 019 $ 30,289 $ 50,482 B 019 $ 30,289 $ 50,482 B 013 $ 25,086 $ 41,810 B 029 $ 24,535 $ 40,891 B 010 $ 24,367 $ 39,878 B 025 $ 24,367 $ 37,692 55-1412 SENIOR SERVICES 1 9622 LABORER II B 025 $ 24,367 $ 37,692 2 6031 VAN DRIVER B 033 $ 24,367 $ 34,574 3 3 1 9600 LABORER II 1 65-1150 INSPECTIONS ENTERPRISE FUNDS WATER 37-1360 WATER - INSPECT & METER READING 2 4800 WATER SERVICE INSPECTOR 5 5300 METER READER 7 B 026 $ 24,367 $ 37,692 B 049 $ 28,255 $ 47,090 B 047 $ 24,367 $ 40,378 37-1361 WATER - REPAIR & INSTALL METER 1 5240 WATER METER MECHANIC SUPERVISOR I B 051 $ 29,786 $ 49,643 8 5230 WATER METER MECHANIC B 048 $ 26,701 $ 44,501 9 37-1362 WATER - ENGINEERING & INSPECTION 2 4830 WATER LINE INSPECTOR 2 B 020 $ 31,477 $ 52,463 37-1370 WATER - FILTRATION PLANT 1 4780 FILTRATION PLANT MAINTENANCE SUPERVISOR I B 051 $ 29,786 $ 49,643 4 4409 ASSISTANT FILTRATION PLANT OPERATOR B 051 $ 29,786 $ 49,643 4 4410 FILTRATION PLANT OPERATOR B 050 $ 28,665 $ 47,776 9 37-1371 WATER - INTAKE 1 962W LABORER II B 025 $ 24,367 $ 37,692 1 37-1372 WATER - DISTRIBUTION 4 602W HEAVY EQUIPMENT OPERATOR (WATER) B 051 $ 29,786 $ 49,643 1 4821 CHIEF WATER POLLUTION INSPECTOR B 051 $ 29,786 $ 49,643 1 1060 CHIEF DISPACTHER B 017 $ 28,205 $ 47,007 5 532W DISPATCHER B 048 $ 26,701 $ 44,501 5 4700 WATER SERVICE WORKER B 048 $ 26,701 $ 44,501 16 37-1380 WATER - MECHANICAL SERVICES 2 670W ELECTRICIAN 2 692W GENERAL MECHANIC 4 B 050 $ 28,665 $ 47,776 B 050 $ 28,665 $ 47,776 1 48 STREETS ENTERPRISE 51-1260 REFUSE & RECYCLING 2 5021 SUPERINTENDENT STREET SANITATION 8 5020 SUPERVISOR OF STREET SANITATION I 2 5320 DISPATCHER 45 6021 TRUCK DRIVER STREETS 70 5010 STREET WORKER 6 9622 LABORER II B 021 $ 32,235 $ 53,723 B 016 $ 27,412 $ 45,687 B 014 $ 25,580 $ 42,634 B 039 $ 24,806 $ 41,345 B 038 $ 24,496 $ 40,827 B 025 $ 24,367 $ 37,692 51-1280 BUILDING & FLEET MAINTENANCE 1 6170 MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I B 017 $ 28,205 $ 47,007 7 6150 MOTOR EQUIPMENT MECHANIC B 031 $ 25,693 $ 43,650 I 141 BY: MR. WYATT 01425 SALARY AND WAGE SCHEDULE "F" The Common Council of the City of Buffalo does ordain as follows: That part of Subdivision (A) of § 35-9 of Chapter 35 of the Code of the City of Buffalo, relating to Salary and Wage Schedule "F" , Local 2651, is hereby amended to read as follows: This ordinance shall take effect as per the respective date on the attached schedule. APPROVED AS TO FORM Corporation Counsel REFERRED TO THE COMMITTEE ON FINANCE. We, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24-15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. BYR r W. BROW MAYOR MARK J.F. SCHROEDER COMPTROLLER This ordinance shall be effective July 1 2012. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Steven J. Stepniak, Commissioner of Public Works, James W. Comerford, Commissioner of Permits & Licenses, Mark J.F. Schroeder, Comptroller and Donna J. Estrich, Commissioner of Administration, Finance, Policy and Urban Affairs, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24-15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. MARK J.F. SCFIROEDER COMPTROLLER ,cm ICU . grIAV BYRON W. BROWN MAYOR Lt" 6 ES W. COMERFORD IONER OF PUBLIC WORKS COMMISSIONER OF PERMITS & LICENSES DONNA J. ESTRICH COMMISSIONER OF ADMINISRATION AND FINANCE, POLICY & URBAN AFFAIRS 32-1095 PLAN & DESIGN OF BUILDINGS 1 3170 SUPERVISOR BUILDING CONSTRUCTION 1 F 002 $ 35,756 $ 59,596 65-1150 INSPECTIONS 1 2980 CHIEF ELECTRICAL INSPECTOR F 003 $ 37,592 $ 62,654 1 3000 CHIEF PLUMBING INSPECTOR F 003 $ 37,592 $ 62,654 3 3160 CHIEF BUILDING INSPECTOR F 003 $ 37,592 $ 62,654 1 3200 SUPERVISOR OF ELEVATOR INSPECTION F 003 $ 37,592 $ 62,654 1 3161 SUPERVISOR OF SLUM AND BLIGHT F 005 $ 37,422 $ 62,370 3 2970 ELECTRICAL INSPECTOR F 001 $ 33,970 $ 56,618 3 2990 PLUMBING INSPECTOR F 001 $ 33,970 $ 56,618 41 3140 BUILDING INSPECTOR F 001 $ 33,970 $ 56,618 54 65-1151 LICENSES & PERMITS 1 3160 CHIEF BUILDING INSPECTOR F 003 $ 37,592 $ 62,654 1 3170 SUPERVISOR OF BUILDING CONSTRUCTION PLANS F 002 $ 35,756 $ 59,596 2 This ordinance shall be effective July 1 2013. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Steven J. Stepniak, Commissioner of Public Works, James W. Comerford, Commissioner of Permits & Licenses, Mark J.F. Schroeder, Comptroller and Donna J. Estrich, Commissioner of Administration, Finance, Policy and Urban Affairs, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24-15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. q.3-€ &Lk/ MARK J.F. SCHROEDER COMPTROLLER LA A II BYRO 4 W. BROWN MAYOR ES W. COMERFORD COMMISSI• + R -'6F PUBLIC WORKS COMMISSIONER OF PERMITS & LICENSES 6 - DONNA J. ESTRICH COMMISSIONER OF ADMINISRATION AND FINANCE, POLICY & URBAN AFFAIRS 32-1095 PLAN & DESIGN OF BUILDINGS 1 3170 SUPERVISOR BUILDING CONSTRUCTION 1 F 002 $ 36,471 $ 60,787 65-1150 INSPECTIONS 1 2980 CHIEF ELECTRICAL INSPECTOR F 003 $ 38,344 $ 63,907 1 3000 CHIEF PLUMBING INSPECTOR F 003 $ 38,344 $ 63,907 3 3160 CHIEF BUILDING INSPECTOR F 003 $ 38,344 $ 63,907 1 3200 SUPERVISOR OF ELEVATOR INSPECTION F 003 $ 38,344 $ 63,907 1 3161 SUPERVISOR OF SLUM AND BLIGHT F 005 $ 38,170 $ 63,617 3 2970 ELECTRICAL INSPECTOR F 001 $ 34,649 $ 57,751 3 2990 PLUMBING INSPECTOR F 001 $ 34,649 $ 57,751 41 3140 BUILDING INSPECTOR F 001 $ 34,649 $ 57,751 54 65-1151 LICENSES & PERMITS 1 3160 CHIEF BUILDING INSPECTOR F 003 $ 38,344 $ 63,907 1 3170 SUPERVISOR OF BUILDING CONSTRUCTION PLANS F 002 $ 36,471 $ 60,787 2 This ordinance shall be effective July 1 2014. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Steven J. Stepniak, Commissioner of Public Works, James W. Comerford, Commissioner of Permits & Licenses, Mark J.F. Schroeder, Comptroller and Donna J. Estrich, Commissioner of Administration, Finance, Policy and Urban Affairs, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24-15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. r 1, MA' J.F.!CHRiEDER COMPTROLLER SSE E. ST CAIS/ COMMISS ER PUBLIC WORKS MAYOR JAMES W. COMERFORD COMMISSIONER OF PERMITS & LICENSES DONNA J. ESTRICH COMMISSIONER OF ADMINISRATION AND FINANCE, POLICY & URBAN AFFAIRS 32-1095 PLAN & DESIGN OF BUILDINGS 1 3170 SUPERVISOR BUILDING CONSTRUCTION 1 65-1150 INSPECTIONS 1 2980 CHIEF ELECTRICAL INSPECTOR 1 3000 CHIEF PLUMBING INSPECTOR 3 3160 CHIEF BUILDING INSPECTOR 1 3200 SUPERVISOR OF ELEVATOR INSPECTION 1 3161 SUPERVISOR OF SLUM AND BLIGHT 3 2970 ELECTRICAL INSPECTOR 3 2990 PLUMBING INSPECTOR 41 3140 BUILDING INSPECTOR 54 F 002 $ 37,201 $ 62,003 F 003 $ 39,111 $ 65,185 F 003 $ 39,111 $ 65,185 F 003 $ 39,111 $ 65,185 F 003 $ 39,111 $ 65,185 F 005 $ 38,934 $ 64,890 F 001 $ 35,342 $ 58,906 F 001 $ 35,342 $ 58,906 F 001 $ 35,342 $ 58,906 65-1151 LICENSES & PERMITS 1 3160 CHIEF BUILDING INSPECTOR F 003 $ 39,111 $ 65,185 1 3170 SUPERVISOR OF BUILDING CONSTRUCTION PLANS F 002 $ 37,201 $ 62,003 2 This ordinance shall be effective July 1 2015. It is hereby, certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Steven J. Stepniak, Commissioner of Public Works, James W. Comerford, Commissioner of Permits & Licenses, Mark J.F. Schroeder, Comptroller and Donna J. Estrich, Commissioner of Administration, Finance, Policy and Urban Affairs, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24-15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. iilcoz5f- elog MARK J.F. SCHROEDER COMPTROLLER OF PUBLIC WORKS i&LAW" BYRSW. BRO MAYOR � 4 - 1(f- 7LMES W. COMERFORD COMMISSIONER OF PERMITS & LICENSES DONNA J. ESTRICH COMMISSIONER OF ADMINISRATION AND FINANCE, POLICY & URBAN AFFAIRS 32-1095 PLAN & DESIGN OF BUILDINGS 1 3170 SUPERVISOR BUILDING CONSTRUCTION 1 F 002 $ 37,945 $ 63,243 65-1150 INSPECTIONS 1 2980 CHIEF ELECTRICAL INSPECTOR F 003 $ 39,893 $ 66,488 1 3000 CHIEF PLUMBING INSPECTOR F 003 $ 39,893 $ 66,488 3 3160 CHIEF BUILDING INSPECTOR F 003 $ 39,893 $ 66,488 1 3200 SUPERVISOR OF ELEVATOR INSPECTION F 003 $ 39,893 $ 66,488 1 3161 SUPERVISOR OF SLUM AND BLIGHT F 005 $ 39,712 $ 66,187 3 2970 ELECTRICAL INSPECTOR F 001 $ 36,049 $ 60,084 3 2990 PLUMBING INSPECTOR F 001 $ 36,049 $ 60,084 41 3140 BUILDING INSPECTOR F 001 $ 36,049 $ 60,084 54 65-1151 LICENSES & PERMITS 1 3160 CHIEF BUILDING INSPECTOR F 003 $ 39,893 $ 66,488 1 3170 SUPERVISOR OF BUILDING CONSTRUCTION PLANS F 002 $ 37,945 $ 63,243 2 1 o' BY: RASHEED N.C. WYATT 01420 Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2016, conditional upon the person(s) so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Keshanta L. Cleveland Lloyd Crawford Haley Filippone Rachael E. Kruszka Nicholas C. Lancer Alexander John McDougell Xavier Riley Craig Rittling Carl E. Szarek Total: 9 Adopted: 6/07/16 BY: RASHEED N. C. WYATT 01427 Appointments Commissioner of Deeds That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2016, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk, Cheryl Gavigan Austin Harig George M. Kuhn Daniel Pobywajlo Michael Renick Joseph M. Shiah TOTAL: 6 Adopted on 6/07/16 01428 ANNOUNCEMENT OF COMMITTEE MEETINGS CORRECTED The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13th floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, June 14, 2016 at 9:45 o'clock A.M. Committee on Finance Tuesday, June 14, 2016 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, June14, 2016 at 1:00 o'clock P.M. Committee on Legislation Tuesday, June 14, 2016 at 2:00 o'clock P.M. Committee on Claims Tuesday, June 14, 2016 at 11:00 o'clock A.M. Special Committees Committee on Finance Tuesday, June 14, 2016 at 2:30 o'clock P.M. (Public Disclaimer): All meetings are subiect to change and cancellation bv the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set un whereby the City Clerk's Office is not made aware: therefore. unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. ®1429 No. Adjournment On a motion by Mr. Rivera, Seconded by Mr. Scanlon, the Council adjourned at3: 08 PM GERALD A. CHWALINSKI CITY CLERK June 7, 2016