Onondaga County Legislature

Tim Burtis County Legislator – 3rd District

9444 Hawkeye Drive, Brewerton, New York 13029

Leg (315) 435-2070 • Cell (315) 396-3300

tburtis@hotmail.com

WAYS & MEANS COMMITTEE AGENDA

9:30 a.m. VIRTUAL

August 14, 2020 Contact ryanfrantzis@ongov.net for access

A. READING OF THE MINUTES OF THE PROCEEDINGS OF THE PREVIOUS COMMITTEE

(UNLESS WAIVED)

B. APPROVAL OF THE MINUTES OF THE PROCEEDINGS OF THE PREVIOUS COMMITTEE

C. PRESENTATION OF RESOLUTIONS AND LOCAL LAWS:

1. ONONDAGA CIVIC DEVELOPMENT CORPORATION:

a. Confirming Appointment by the Chairman of the Onondaga County Legislature to the Board

of Directors of the Onondaga Civic Development Corporation (Sponsored by Mr. Knapp)

2. WATER ENVIRONMENT PROTECTION:

a. A Resolution Approving Improvements for the Onondaga County Sanitary District Consisting

of the Engineering Design of a Pump Station and Force Main in and for the County of

Onondaga, New York (Sponsored by Mr. Jordan)

b. A Resolution Authorizing the Issuance of $1,600,000 Bonds of the County of Onondaga, New

York, to Pay Costs of Certain Improvements for the Onondaga County Sanitary District in and

for Said County ($1,600,000) (Sponsored by Mr. Jordan)

3. DEPARTMENT OF TRANSPORTATION:

a. Amending the 2020 Onondaga County Budget to Make Funds Available for use in Connection

with the New York State Pave-NY Program, and Authorizing the Execution of Agreements

($1,281,499) (Sponsored by Ms. Cody)

b. Amending the 2020 Onondaga County Budget to Accept $759,195 in Extreme Winter

Recovery Funding and $1,586 in Additional CHIPS Funding from the New York State

Department of Transportation and Authorizing the Execution of Agreements ($760,781)

(Sponsored by Ms. Cody)

4. HEALTH DEPARTMENT:

a. Authorizing a Lease Agreement with Bayberry Plaza LLC for the use of the Onondaga County

Women, Infant and Children (WIC) Program (Sponsored by Mrs. Abbott-Kenan)

5. ECONOMIC DEVELOPMENT:

a. Authorizing the Sale of Tax Delinquent Property to Empire Polymer Solutions, LLC and

Buchanan Partners, LLC

6. COUNTY LEGISLATURE:

a. Changing the date of the October 13, 2020 Legislative Session (Sponsored by Mr. Knapp)

b. Changing the date of the November 2020 Legislative Session (Sponsored by Mr. Knapp)

c. Standard Work Day and Reporting Resolution

d. Amending Resolution No. 25-1986 to Remove the Directive to Give Notice of this Order by

Publication in the Newspaper (Sponsored by Mr. Knapp)

e. Authorizing Cost Free Live Streaming of Regular and Special Legislative Sessions Consistent

with the Onondaga County Legislature’s Longstanding Commitment to Improving Public

Access (Sponsored by Mr. Knapp)

7. LAW:

a. Settlement of Action

D. ADJOURNMENT

la.. September 1, 2020

Motion Made By Mr. Knapp RESOLUTION NO. _____ _

CONFIRMING APPOINTMENT BY THE CHAIRMAN OF THE ONONDAGA COUNTY LEGISLATURE TO THE BOARD OF DIRECTORS OF THE ONONDAGA CIVIC DEVELOPMENT

CORPORATION

WHEREAS, the Chairman of the Onondaga County Legislature has duly appointed and designated, subject to confirmation by the Onondaga County Legislature, the following individual to serve as the Chairman's appointee to the Board of Directors of the Onondaga Civic Development Corporation:

APPOINTMENT: Kevin Kuehner 260 Brattle Road Syracuse, New York 13203

and

TERM EXPIRES: October 6, 2021

WHEREAS, it is the desire of this Legislature to confirm said appointment; now, therefore be it

RESOLVED, that the Onondaga County Legislature does hereby confirm the appointment of the above individual to serve as the Chairman's appointee to the Board of Directors to the Onondaga Civic Development Corporation.

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Ononaa{Ja County Le9isfature David H. Knapp

Chairman 401 Montgomery Street · Court House · Room 407 · Syracuse, New York 13202

Phone (315) 435-2070 · Fax (315) 435-8434

August 10, 2020

TO: Tim Burtis, Chair -a Ways & Means Committee Members -:s::

David H. Knapp, Chairman ~ ~ lJq.. ~; FROM:

RE: Appointment to Board of Directors of the Onon~;,-raunty Civic Development Corporation

Submitted for your consideration is the appointment of Kevin Kuehner to the Board of Directors of the Onondaga County Civic Development Corporation.

A resume for Mr. Kuehner is attached for your review. This appointment requires confirmation by the full Legislature at the September 1, 2020 Session.

APPOINTMENT: Kevin Kuehner 260 Brattle Road Syracuse, New York 13203

cc: Jamie McNamara, Clerk All Legislators

TERM EXPIRES: October 6, 2021

Kevin P. Kuehner, Esq.

260 Brattle Road Syracuse NY 13203 • (h) 315-425-9102 • (c) 315-744-4903 • kevin@kuehnerlaw.com

HONORS

EMPLOYMENT

AV Rated as Preeminent - Peer Review Rating Martindale-Hubbell Board Certified Civil Trial Lawyer-National Board of Trial Advocacy Board Certified Civil Practice Lawyer- National Board of Trial Advocacy American Board of Trial Advocates, Member Million Dollar Advocates, Lifetime Member Former Member of the Executive Committee, Trial Lawyers Section of the NYSBA

KUEHNER LAW FIRM, PLLC Member, April 2009 to present. Civil litigation firm that concentrates its practice on tort claims. Experienced trial lawyer with staff to ensure cases are moved rapidly and effectively to conclusion.

MEL VIN & MEL VIN, PLLC, Associate Attorney, April 2004 to April 2009. Civil litigation including civil torts, construction disputes, insurance and contract claims.

KUEHNER LAW FIRM, Proprietor, September 2002 to April 2004. Sole proprietor of civil litigation firm with a concentration in representation of business clients, personal injury and medical malpractice cases.

COTE & LIMPERT, Associate, August 1999 to September 2002. Handle all aspects of civil litigation including civil torts, land disputes and actions against government officials for failure to respond to citizen complaints.

SYRACUSE UNIVERSITY, Adjunct Professor, January 2009 to present. Teach Interrogation Course in the Renee' Crown Honors Program to 18 undergraduate students.

SYRACUSE UNIVERSITY, Adjunct Professor, September 1999 to 2008. Taught trial advocacy including theories and practice of effective trial technique, evidence and ethics; utilizing a combination of lecture and team teaching to stress rules of evidence, procedure, civility in the courtroom and global case theory presentation.

SYRACUSE UNIVERSITY COLLEGE OF LAW, Adjunct Professor, 2004, 2006. Teach trial advocacy including theories and practice of effective trial technique.

ANHEUSER-BUSCH, Quality Assurance Technician, 1995 to 2000. Worked in the quality assurance chemistry laboratory in the Baldwinsville brewery. Responsible for chemical testing of in-process beer to ensure compliance with quality assurance standards.

BROOME DEVELOPMENT AL CENTER (OMRDD), Progr_am Director, 1993 to 1997. Part of a team of summer employees who provided people with

EDUCATION

ADMISSIONS

MEMBERSIDPS

developmental disabilities the opportunity to experience a summer camp environment. Eventually became the program director responsible for hiring, supervising and managing 22 full time summer employees.

Syracuse University College of Law Juris Doctor, May 1999, Cum laude Honors:

• Two-time recipient of the Lewis F. Powell, Jr. Medal for Excellence in Trial Advocacy;

• Dean's List; • Moot Court Honor Society; • Winner Northeast Regional National Trail Competition (1998, 1999); • New York State Bar Association Best Advocate Award (1998, 1999); • International Association of Trial Lawyers Best Advocate Award; • Order of Barrister; • Assistant Student Prosecutor

Activities: • Tournament of Champions Trial Competition (1997, 1998); • National Trial Competition (1998, 1999)

Le Moyne College Bachelor of Science, Biology, May 1996, Integral Honors Honors:

• Beta, Beta, Beta Biological Honors Society, Associate Member 1996; • Integral Honors Program 1993-1996.

Activities: • NCAA Lacrosse 1992-1996 (Captain 1995-96 Season) • Yearbook Section Editor 1995 and 1996

NDNY; State ofNew York

New York State Bar Association, NYSTLA; NY Trial Lawyers Academy; Onondaga County Bar Association; and American Association for Justice.

Speaking Engagements (Selected):

May 2007: Keynote Speaker at the Central New York Health Information Manager's Association (CNYHIMA) Annual Meeting. Spoke on information privacy and compliance issues surrounding compliance with judicial subpoenas.

August 2007: Speaker at Annual training session of all employees of InfoTrak Record Management. Discussed the interaction of Federal and State health information privacy laws.

October 2008: Speaker at NYHIMA Continuing Education Seminar regarding electronic records and the changes to the Federal Rules of Civil Procedure.

November 2008: Speaker at Onondaga County Bar Association Continuing Legal Education Seminar on the ethical obligations of lawyers as it relates to electronic record retention and security.

April 2009. Presenter ofNYHIMA Webinar. Responding to Subpoenas and Other Legal Requests for Medical Records.

March 2010. Presenter on how to respond to a subpoena at 2010 NYHIMA Medicolegal Mini-Conference in Albany, NY.

March 2010. Speaker at Onondaga County Bar Association Continuing Legal Education Seminar on Civil Discovery.

March 2010. Speaker at Syracuse College of Law "Law! Live in Syracuse Lecture Series on the ethical Obligations created by the issues of electronic discovery.

2010. Speaker for the Onondaga County Bar Association's "Bridge the Gap" program on the issues of "Discovery in Civil Cases".

2011. Speaker for the New York State Bar Association regarding Roadway Design Defects.

2011. Speaker for the Onondaga County Bar Association's "Bridge the Gap" program on "Commencing a Civil Action".

2011 Speaker for the New York State Trial Lawyers at the annual Decisions Seminar giving the "Medical Malpractice Update".

2011 Speaker for the National Business Institute "Getting the Best Settlement in Auto Cases Neck and Back Injuries".

2012 Speaker for the Onondaga County Bar Association's "Bridge the Gap" program regarding "Commencing the Civil Action".

2012 Speaker for the Onondaga County Bar Association regarding the "Ethics of Referring Personal Injury Cases".

2012 Speaker for CNYHIMA Annual Seminar regarding "Responding to Subpoenas".

March 2013 Speaker Onondaga County Bar Association - Considering the Civil Action during a Criminal Case

October 2013 Speaker at NYSTLA Updates Seminar in Buffalo on Automobile Cases and No-Fault

November 2013 Speaker at NYSTLA Updates Seminar in Albany on Medical Malpractice

October 2014 Speaker at NYSTLA Updates Seminar in Buffalo on Motor Vehicle and No-Fault Cases

2014 Speaker at Onondaga County Bar Association Bridging the Gap Seminar on Commending the Civil Action.

2014 Speaker at Onondaga County Bar Association Criminal Law Series - The Psychology of Police Interrogation

2015 Speaker at National Business Institutes CLE - Anatomy and Physiology IO I for Attorneys

October 2015 Speaker at NYSTLA Updates Seminar in Buffalo on Motor Vehicle and No-Fault Cases

2015 Speaker at National Business Institutes CLE - How to deal with the "Rambo" Litigator

October 2016 Speaker at NYSTLA Updates Seminar in Buffalo on Motor Vehicle and No-Fault Cases

October 2017 Speaker at NYSTLA Updates Seminar in Buffalo on Motor Vehicle and No-Fault Cases

October 2018 Speaker at NYSTLA Updates Seminar in Buffalo on Motor Vehicle and No-Fault Cases

October 2019 Speaker at NYSTLA Updates Seminar in Buffalo on Medical Malpractice and Motor Vehicle and No-Fault Cases

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September 1, 2020

Motion Made By Mr. Jordan RESOLUTION NO. -----

A RESOLUTION APPROVING IMPROVEMENTS FOR THE ONONDAGA COUNTY SANITARY DISTRICT CONSISTING OF THE ENGINEERING DESIGN OF A PUMP ST A TION AND FORCE

MAIN IN AND FOR THE COUNTY OF ONONDAGA, NEW YORK

WHEREAS, by Resolution No. 260 of June 5, 1978, adopted pursuant to Section 11.82 of the Onondaga County Administrative Code, the County Legislature dissolved all existing Sanitary and Treatment Plant Districts of the County and established as successor thereto, the Onondaga County Sanitary District, effective January 1, 1979; and

WHEREAS, the Commissioner of Water Environment Protection of said County, pursuant to the Onondaga County Administrative Code, has prepared and submitted to said County Legislature, a report dated July 1, 2020 (the "Report"), duly approved by the County Executive, in connection with proposed improvements to the Onondaga County Sanitary District consisting of the engineering design of a Pump Station and Force Main in connection with providing public sewer service to the White Pine Industrial Park which is located along Route 31 and Caughdenoy Road in the Town of Clay, and the surrounding area, Onondaga County, all as more fully set forth in the Report; and

WHEREAS, this County Legislature duly adopted a resolution on August 4, 2020, calling a public hearing on the foregoing matter to be held in the Legislative Chambers in the County Court House, in Syracuse, New York on September 1, 2020 at 12:55 o'clock P.M., Prevailing Time; and

WHEREAS, said public hearing was duly held at the time and place aforesaid, at which all persons interested were heard; and

WHEREAS, this County Legislature has given due consideration to the aforesaid Report and the evidence given at said public hearing; now, therefore be it

RESOLVED, by the County Legislature of the County of Onondaga, New York, as follows:

Section 1. Based upon the proceedings heretofore had and taken, it is hereby found and determined that it is necessary and in the public interest to undertake the proposed improvements described in the preambles hereof for the Onondaga County Sanitary district at an estimated maximum cost of $1,600,000, and that said improvements will be of special benefit to all of the real property included within the limits of the District.

Section 2. A certified copy of this resolution shall be recorded in the office of the County Clerk and when so recorded shall be presumptive evidence of the regularity of the determinations herein contained. The Clerk of the County Legislature is hereby authorized and directed to cause a notice of such recording once in the official newspaper of said County in the manner provided by law.

Section 3.

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This resolution shall take effect immediately.

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September 1, 2020

Motion Made By Mr. Jordan RESOLUTION NO. -------

A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,600,000 BONDS OF THE COUNTY OF ONONDAGA, NEW YORK, TO PAY COSTS OF CERTAIN IMPROVEMENTS FOR THE

ONONDAGA COUNTY SANITARY DISTRICT IN AND FOR SAID COUNTY

WHEREAS, by proceedings heretofore duly had and taken pursuant to the Onondaga County Administrative Code, the County of Onondaga has approved the improvements described herein for the Onondaga County Sanitary District; and

WHEREAS, it is now desired to provide for the financing of said improvements; now, therefore be it

RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the County Legislature of the County of Onondaga, New York, as follows:

Section 1. For the specific object or purpose of paying the cost for the Onondaga County Sanitary District, consisting of the engineering design of a Pump Station and Force Main in connection with providing public sewer service to the White Pine Industrial Park which is located along Route 31 and Caughdenoy Road in the Town of Clay, and the surrounding area, Onondaga County, as well as other incidental improvements and expenses, there are hereby authorized to be issued $1,600,000 bonds of said County pursuant to the provisions of the Local Finance Law.

Section 2. The maximum estimated cost of the aforesaid is $1,600,000, and the plan for the financing thereof shall consist of the issuance of the $1,600,000 bonds of said County herein authorized.

Section 3. It is hereby determined that the period of probable usefulness of the aforesaid object or purpose is five years, pursuant to subdivision 62 of paragraph a of Section 11.00 of the Local Finance Law.

Section 4. The faith and credit of said County of Onondaga, New York, are hereby irrevocable pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall annually be assessed upon the taxable real property in said Sanitary District in the manner provided by law, an amount sufficient to pay said principal and interest as the same become due and payable, but if not paid from such source, all the taxable real property within said County shall be subject to the levy of ad valorem taxes sufficient to pay the principal of and interest on said bonds.

Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Chief Fiscal Officer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Chief Fiscal Officer, consistent with the provisions of the Local Finance Law.

Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Chief Fiscal Officer, the chief fiscal officer of such County. Such bonds shall contain

substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Chief Fiscal Officer shall determine consistent with the provisions of the Local Finance Law.

Section 7. The Chief Fiscal Officer is hereby further authorized, at his sole discretion, to execute a project finance agreement, and any other agreements with the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments ( or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and, or note issue of said County in the event of the sale of same to the New York State Environmental Facilities Corporation.

Section 8. The validity of such bonds and bond anticipation notes may be contested only if:

1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or

2) The provisions oflaw which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3) Such obligations are authorized in violation of the provisions of the Constitution.

Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

Section 10. This resolution, which takes effect immediately, shall be published in summary form in The Post Standard, the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law.

ADOPTED: A YES NAYS ABSENT ----- ------ ------

Dated: ---------------------

Approved: __________________ _

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County Executive, Onondaga County

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d~Cib J. Ryan McMahon, II, County Executive

Frank M. Mento, P.E., Commissioner 650 Hiawatha Blvd. West

Syracuse, NY 13204-1194 (315) 435-2260 or (315) 435-6820

FAX (315) 435-5023 -http:77www.ongov.net7wep7

MEMORANDUM OF SUPPORT Rev. 7.14.20

Title: A RESOLUTION APPROVING IMPROVEMENTS FOR THE ONONDAGA COUNTY SANITARY DISTRICT CONSISTING OF THE ENGINEERING DESIGN OF A PUMP STATION AND FORCE MAIN IN AND FOR THE-COUNTY OF ONONDAGA, NEW ¥ORK.

Title: A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,600,000 BONDS OF THE COUNTY OF ONONDAGA, NEW YORK, TO PAY COSTS OF CERTAIN IMPROVEMENTS FOR THE ONONDAGA COUNTY SANITARY DISTRICT IN AND FOR SAID COUNTY.

Purpose: The County and OCIDA have identified future development opportunities within the Oak Orchard Sewer Service area, which currently do not have sanitary sewer conveyance infrastructure. This area includes the White Pine Industrial Park and surrounding developable lands in the region. As such, there is a need for wastewater conveyance services, pump station and force mains, in order to provide sewer service.

The County seeks to advance engineering and design of the complete sewer service at an estimated cost of $1.6 million. The plan for financing will be through the issuance of Serial Bonds. The engineering and design of this project is categorized as a Type 2 under SEQRA and under Onondaga County Resolution 144-14. In accordance with the Administrative Code, a Commissioner's Hearing was held on June 30, 2020 and the Final Report will be filed with the Clerk. A Legislative Public Hearing is scheduled for August 4, 2020. It should be noted that WEP did not receive any comments in opposition to the project.

Summary: The approving and bonds resolutions are necessary to appropriate the funds through the issuance of serial bonds. Once funds are appropriated, the County will solicit proposals for design of the project.

Fiscal Impact: The two resolutions will not impact the 2020 adopted budget.

UNITED INWATER

September 1, 2020

Motion Made By Ms. Cody RESOLUTION NO. -----

AMENDING THE 2020 ONONDAGA COUNTY BUDGET TO MAKE FUNDS AVAILABLE FOR USE IN CONNECTION WITH THE NEW YORK STATE PA VE-NY PROGRAM, AND

AUTHORIZING THE EXECUTION OF AGREEMENTS

WHEREAS, New York State's 2020-2021 budget includes the PA VE-NY program to fund projects that improve the physical condition of local roads and help foster regional economic growth, and Onondaga County's portion of PAVE-NY funding has been determined to be $1,281,499; and

WHEREAS, it is necessary to amend the budget to include such funds in the Onondaga County Department of Transportation's 2020 budget to repair and maintain County roads and to authorize the execution of agreements; now, therefore be it

RESOLVED, that the County Executive is authorized to execute agreements and such other documents as may be reasonably necessary to implement the intent of this resolution; and, be it further

RESOLVED, that the 2020 County budget be amended as follows:

REVENUES: In Admin. Unit 9310000000 County Road Fund Speed Type #534030 In Acct. 590024 St Aid H-Way Cap Project

APPROPRIATIONS: In Admin. Unit 9310000000 County Road Fund Speed Type #534030 In Acct. 674600 Provision for Capital Projects

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$1,281,499

$1,281,499

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PURPOSE: This legislation will authorize the County to expend $1,281,499 in funds from 2020-2021 New York State Pave-NY program. The purpose of the Pave-NY program is to improve the physical condition oflocal roads and help foster regional economic growth.

OBJECTIVE/ WORK PLAN: The $1,281,499 in funding will be applied to the repaving allotment of Onondaga County Department of Transportation's 2020 work plan.

FUNDING SOURCE: New York State Department of Transportation

BUDGET: The 2020 budget will be adjusted to accept these funds to be expended in a capital project in 2020.

September 1, 2020

Motion Made By Ms. Cody RESOLUTION NO. -----

AMENDING THE 2020 ONONDAGA COUNTY BUDGET TO ACCEPT $759,195 IN EXTREME WINTER RECOVERY FUNDING AND $1,586 IN ADDITIONAL CHIPS FUNDING FROM THE

NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE EXECUTION OF AGREEMENTS

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WHEREAS, New York State recently approved Extreme Winter Recovery funding for the winter of2019-2020 and Onondaga County's portion has been determined to be $759,195; and

WHEREAS, the formula for New York State's Consolidated Local Street and Highway Improvement Program (CHIPS) included an additional $1,586 in funding for Onondaga County; and

WHEREAS, it is necessary to amend the budget to include such funds in the Onondaga County Department of Transportation's 2020 budget to repair and maintain County roads; now, therefore be it

RESOLVED, that the County Executive is authorized to execute agreements and such other documents as may be reasonably necessary to implement the intent of this resolution; and, be it further

RESOLVED, that the 2020 County budget be amended as follows:

REVENUES: In Admin. Unit 9310000000 County Road Fund Speed Type #534030 In Acct. 590024 St Aid H-Way Cap Project

APPROPRIATIONS: In Admin. Unit 93 10000000 County Road Fund Speed Type #534030 In Acct. 674600 Provision for Capital Projects

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$760,781

$760,781

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DEPAR-r1vte:NT OF TRAN!fl='ORT.ATION :pft0G·1t,AM;AffbFtNAN'e'l'.At.-l'N'FORl\1:AT'ION"SM'EET.

PURPOSE: This legislation will authorize the County to accept $759,195 in Extreme Winter Recovery (EWR) funding from the New York State Department of Transportation and an additional $1,586 in additional Consolidated Local Street and Highway Improvement Program (CHIPS) funding as approved by the New York State legislature. EWR funding in effect serves as a one-time increase to the CHIPS allotment that the Onondaga County Department of Transportation annually receives. CHIPS funding itself has increased by $1,586 from $5,612,624, which was included in the County's 2020 adopted budget, to $5,614,210.

OBJECTIVE/ WORK PLAN: The $760,781 in funding will be applied to the repaving portion of Onondaga County Department of Transportation's 2020 work plan.

FUNDING SOURCE: New York State Department of Transportation

BUDGET: The 2020 budget will be adjusted to accept these funds to be expended in a capital project in 2020.

September I, 2020

Motion Made By Mrs. Abbott-Kenan RESOLUTION NO. - ------

AUTHORIZING A LEASE AGREEMENT WITH BAYBERRY PLAZA LLC FOR THE USE OF THE ONONDAGA COUNTY WOMEN, INF ANT AND CHILDREN (WIC) PROGRAM

WHEREAS, Bayberry Plaza LLC ("Landlord") is the owner of a building and a parking lot located at 181 Blackberry Road, Liverpool, New York 13090, known locally as the Bayberry Plaza, Onondaga County wishes to continue to use such site in connection with its Women, Infants and Children (WIC) program and the provision of related services; and

WHEREAS, the proposed lease would include the use of 2,400 square feet of the building and parking spaces for exclusive use of the County; to be paid at a rate of $1 . 708 per square foot, with an annual rent of $49,200, paid in monthly installments of $4, I 00, such annual rent rate is inclusive of pest control ; rubbish removal; basic maintenance (plumbing and electrical repair) ; and

WHEREAS, the term of the initial period will be five (5) years, with the possibility of two (2) renewal periods of five ( 5) years each; now, therefore be it

RESOLVED, that the County Executive is authorized to enter into agreements and execute documents reasonably necessary to allow the County to lease the property for the proposed compensation and terms described hereinabove.

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ONONDAGA COUNTY HEALTH DEPARTMENT

Program and Financial Information Sheet

PURPOSE:

To continue leasing atthe Liverpool/Bayberry Onondaga County Health Department WIC site.

OBJECTIVE/WORK PLAN:

The WIC Bayberry site has served communities in northern Onondaga County for more than a decade. There are no set rate increases for 5 years. The difference over the previous 5-year lease is a 5% increase.

The site at 7608 Oswego Road in Liverpool provides: ► 2,400 s.f. in close proximity to a Kinney Pharmacy, weekly Farmer's Market May-October ► Adequate free parking, including handicapped parking ► Ease of access for participants with a bus stop in front of the facility ► Ground floor access and the ability to serve clients in an all-in-one participant service spaces as

recommended by the granting agency ► Designated signage on the building ► Rent includes: rubbish removal, pest control, basic maintenance, basic plumbing and electrical

repair, and utilities.

FUNDING SOURCE/ BUDGET: $53,700

WIC grant funding covers the full cost of the lease.

Annual Cost

... B.a.se .. rent./.s.f ............................................................................................................................................................................. $1. 71 ......................... $49,200···

... Estim.a.te.d .. ann.ua.1 ... com.mon .. Area .. cha.rges .................................................................................................................................... ?..~.!.?.g~···

Total Annual Cost:

Monthly Rent:

$53,700 $4,100

ongov Onondaga County Health Department ongov.neUhealth • facebook.com/ongovhealth

THIS AGREEMENT between Bayberry Plaza LLC, 181 Blackberry Road, Liverpool, NY 13090. as Lessor,

and Onondaga County Health Dept WIC PROGRAM 421 Montgomery Street, Syracuse, NY 13202

as Lessee

WITNESSETH: The Lessor hereby leases 2400 square feet of retail space (premises) in Bayberry Plaza, 7608 Oswego Road Liverpool, NY 13090 for the term of 5 years. To commence from the first day of July 2020 and to end on the last day of June 2025. To be used and occupied only for a county agency WIG program upon the conditions and covenants following.

FIRST: (A) Lessee shall pay rent at the annual rate of $49,200.00 payable in monthly installments of $4,100.00 in advance of the first day of each month during the term of this Lease. All monthly rental and all other required payments to be made under the terms of this Lease must be made at the Lessor's address within five (5) days of the date when due or a late charge of five percent {5%) will be assessed on the amount of such payment. The assessment of any late charge and acceptance of the same does not preclude the Lessor from exercising further rights and remedies under the terms of this Lease.

(B) That the Lessee shall have the option to renew said agreement as follows: for two five year terms as follows: Lessee shall exercise said option to renew said lease by notifying the Lessor by registered mail a minimum of 9 months prior to the termination of said lease.

(C) That th8 b8SS88 shall pay an additianal annblal rElntal 8~blival8nt ta th8 amablnt by whish _0 __ % gf th8 gr:ass sal8S (as SblSh t8ITT1 is h8r8inaft8r d8fin8d) shall 8XS88d th8 fix8d annblal rElntal in 8ash l8aS8 y9ar. Far sampblting th8 abGl/8 Sp8sifi8d P8ffi8ntag8 r:8ntal, th8 grass sal8S shall b8 h8Id tg inslbld8 th8 s8lling pris8 gf all m8rshandis8 gf 8'18ry sart whatsG81✓8r said, and th8 sharg8s for all s8rvis8s p8rform8d forwhish sharg8r is mak8, by th8 b8SS88 Gr by any ath8r p8rsan ar Carparatian S8lling m8rshandis8 ar p8rforming S8r'lis8s gf any sart in, blpan ar fr:am any part gf th8 said pr:8mis8s, and shall inslbld8 m8rshandis8 said and/ar S8NiS8S p8rform8d 8ith8r for sash ar forsr8dit, r8gardl8ss gf sall8stians in sas8 gf th8 latt8r, bblt shall 8XSlbld8 r8tblm allawans8s an sal8s tax8s paid by th8 b8SS88.

Th8 rElntal abGl/8 r:8S8N8d, additit;rnal ta SblSh fix8d rElntal, shall b8 ass8rtain8d at th8 8nd gf 8ash tw8IV8 (12) manths af th8 t8rm and shall b8 db18 and payabl8 within t8n (10) days aft8r th8 amablnt th8r8Qf has b88n ass8rtain8d, bblt in any 8V8nt nat lat8r than thirty (30) days aft8r th8 8nd af SblSh tw8IV8 (12) manths p8riGd. Th8 b8SS88 shall fblmish ta th8 b8ssar at th8 8nd gf 8ash manth dblring th8 d8mis8d t8rm a stat8m8nt in writing shawing th8 grass sal8s mad8 in, bipan and fram said d8mis8d pr8mis8s for SblSh manth. Th8 b8SS88 agr88S ta k88p at its gffis8 in th8 shapping s8nt8rfblll and assblrat8 baaks, r8sards and assablnts shawing th8 grass sal8s mad8 in, bipan and fram th8 d8mis8d pr8mis8s, ta whish baa ks, r8SG!ds and assablnts th8 b8ssar ar its dbily ablthari£8d r8pr8s8ntatii.i8s shall at all tim8s dblring r8gbllar bblsin8ss hablr:s hal/8 th8 right gf ass8ss with th8 pri'lil8g8 gf 8Xamining and ablditing th8 sam8, in whish 8Xaminatian and abldit th8 b8SS88 agr88S ta saap8rat8 with and ta aid th8 b8ssar.

(D) The Lessee deposits the Lessor upon signing this lease the sum of $ __ 0_ representing a security deposit, receipt of which is hereby acknowledged by the Lessor, and the payment of which is made as evidence of good faith upon the part of the Lessee. The above letting is on the following terms, covenants and condition, all and every one of which the said Lessee agrees with the Lessor to keep and perform, it being agreed that the words, "Lessor" and "Lessee" include and bind and benefit the legal representatives, successors, and assigns of the Lessor and Lessee, respectively, and if there be more than one tenant, then, all the covenants and agreements binding the Lessee shall be deemed joint and several.

SECOND:

That the Lessee shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments and of any and all their Departments and Bureaus

applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters, or any other similar body at the Lessee's own cost and expense. However, in the event that the local/applicable Board of Health issues any violation notices,

Tenant shall have such time as set forth in said notice to correct such violations and to be in compliance with the local rules and regulations, even if such time is longer than any other time set forth in this lease. Provided, however, that only as long as such additional time does not materially and adversely affect the Premises or premises adjacent thereto in the sole opinion of the Lessor.

THIRD: In the case of damage, by fire or other cause, to the building in which the leased premises are located, without the fault of the Lessee or of Lessee's agents or employees, if the damage is so extensive as to amount practically to the total destruction of the premises or of the building, or if the Lessor shall within a sixty days decide not to rebuild, this lease shall cease and come to an end, and the other cases where the leased premises are damaged by fire without the fault of the Lessee or of Lessee's agents or employees the Lessor shall repair the damage with reasonable dispatch 15 days or less after notice of damage, and if the damage has rendered the premises un-tenantable, in whole or in part, there shall be an apportionment of the rent until the damage has been repaired. In determining what constitutes reasonable dispatch consideration shall be given to delays caused by strikes, and other causes beyond the Lessor's control.

No claim shall be made by the Lessee in any case for compensation or damages by reason of interruption of its business through any such destruction or damage to the premises, or arising from the necessity of repairing any portion of the shopping center as herein provided.

FOURTH: The Lessee agrees that the Lessor and the Lessor's agents and other representatives shall have the right to enter with prior notice into the upon said premises, or any part thereof, at all reasonable hours for the purpose of examining the same.

The Lessee also agrees to permit the Lessor or the Lessor's agents to show the premises to persons wishing to hire or purchase the same; and the Lessee further agrees that on and after the sixth month, next preceding the expiration of the term hereby granted, the Lessor or the Lessor's agent shall have the right to place notices on the front of said premises, or any part thereof, offering the premises "To Let" or "For Sale", and the Lessee hereby agrees to permit the same to remain thereon without hindrance or molestation.

FIFTH: The Lessee shall not use the premises for any other purpose than as above stated, nor erect or dis play any signs on the premises, nor make any alteration, additions or improvements upon them without the prior written consent of the Lessor endorsed hereon; which may be withheld or conditioned at the Lessor's sole discretion nor make or permit any defacement, injury or waste in, to or about the premises. The Lessee agrees that any alteration, additions, or improvements made by the Lessee shall upon being made become part of the premises and remain in the premises at the expiration or termination's of the lease or any renewal thereof or, at the option of the Lessor, the Lessee, to restore the premises to their original condition and remove the alterations, additions or improvements. The lessee shall have the right to remove, and shall remove, its trade fixtures at the expiration of the lease or any renewal thereof. Lessee agrees to photograph space before and after tenant improvements.

SIXTH: The bessee shall pav for all water, gas ele6tri6itoy anEI power biseEI on the premises as eills are renElereEI to it, as

registereEI ey meter or, where no meter for the premises is installeEI, as apportioneEI ey the bessor to the premises. If saiEI eills are renElereEI ey the bessor the same shall ee aEIEleEI to anEI eernme part of the rent then Elbie or next to eernme Elbie. In no event shall the bessor ee responsiele for any interruption to any bitilities fbirni5heEI to the

Premises. The bessee shall itself heat the premi5e5 anEI pay for all gas or other heating fuel bi5eEI on the premises for

5bl6h p1,1rpese. Tenant shall have e•.,<n gas anEI eleEtri6 meters.

SEVENTH: The Lessee further covenants and agrees with the Lessor that during the term of this Lease and for such other times as the Lessee shall hold or have access to the Premises, that, (a) the Lessor and its affiliates shall not be liable to the

Lessee or to any other person for any claim, injury, loss or damage to any person or property on or about the Premises or the sidewalks adjacent thereto, and (b) the Lessee will save the Lessor harmless and indemnified from and against such claim, injury, loss or damage (including defense costs). Lessee agrees to provide liability insurance with $1,000,000.00 combined single limits for bodily injury and property damage. Insurance policies will be written

in the names of the Lessee and the Lessor, and Lessee shall provide Lessor with certificates evidencing such policies upon execution of this Lease and shall thereafter provide Lessor with appropriate evidence of such coverage's upon each anniversary date of the policy. Such policies will contain a waiver of subrogation with respect to any insurance

policy carried by the Lessor. In the event that Lessee's occupancy increases the total insurance premium on the property of which the Premises are a part, Lessee shall pay said increase in insurance premium as additional rent. Lessee agrees not to do or permit anything to be done in said Premises or keep anything therein, which will increase the rate of fire insurance premiums on the improvements or any part thereof, or on property kept therein or which

will obstruct or interfere with the rights of other tenants or conflict with the regulations of any pertinent authority or public or quasi-public department or with an insurance policy upon said improvements or any part thereof. In the event of any increase in insurance premiums resulting from Lessees violation of the foregoing, or from any act or omission on the part of Lessee, Lessee agrees to pay said increase in insurance premiums on the property of which

the Premises are a part. Lessee shall, in any event, hold the Lessor harmless from the effect of any said violation, act or omission. In any action or proceedings wherein the Lessor and Lessee are parties, a schedule or make up rate for the building on the Premises, purporting to have been issued by the Fire Insurance Exchange in New York, or

other body making fire insurance rates for the Premises, shall be prima-facie evidence of the facts therein stated an of the several items and charges included in the fire insurance rate then applicable to the Premises. Lessor agrees, at all times during the continuance of this Lease, at its own cost and expense, to keep all the buildings and improvements which may be erected on the Premises fully insured against loss and damage by fire and extended

coverage, vandalism, malicious mischief insurance, including rental insurance, in an amount not less than the replacement cost value of such buildings and improvements as determined on the policies anniversary date; at Lessees expense such policies shall be so framed or endorsed as to endure to the benefit of Lessor only, and the

insurance proceeds thereunder shall be made payable to the Lessor only. Policies or certificates evidencing such insurance coverage shall be delivered by the Lessee to Lessor upon the execution of this Lease and certificates evidencing renewal of such insurance shall be delivered to Lessor at least ten (10) days prior to the expiration of any policy of such insurance. Such insurance shall be placed with a recognized carrier licensed to do business in the state

of New York.

EIGHTH: Lessee will make all necessary or appropriate repairs, replacements and renewals, interior, ordinary and extraordinary, and foreseen and unforeseen. Any alterations or repairs required by public authorities shall be made by Lessee at Lessee's cost and expense, and at the end of the term (or any renewal thereof) Lessees hall quit and

surrender the Premises in first class condition, broom clean, ordinary wear and tear excepted.

NINTH: The Lessee shall pay their proportionate share of charges of taxes, and/or special assessments levied by local, county, state or federal governments on the land and buildings of the shopping center in which the leased premises are located. (Said payments shall be made within 10 days of the billing date or a late charge of 5cents per dollar shall be assessed on the amount due). Lessee shall also pay their proportionate share of the Insurance on Bayberry Plaza. The proportionate share is the percentage of the Lessee's leased space compared to the total leasable space in the Shopping Center, except out parcels.

TENTH: /\II areas ef the Qa11eerry Pla~a net rnvere61 ey e1,1ilElings frnm time te time shall ee rnmmen areas whiEh shall ee maintaine61 an61 repaireEI ey, er 63bl5e te ee repaire61 an61 maintaineEI ey Lesser, inEl1,1Eling keeping same Glean an61

prnperly lighteEI El1,1ring nermal shepping rnnter eperating he1,1rs, keeping the grass areas mewe61 an61 apprnpriately

lar:id5Eaped, keepir:ig the parkir:ig lot repaired, adei;i1,1atel•r 5triped, ar:id free of pothole5, ar:id reFAo•,ir:ig 5AOW ar:id iEe

a5 r:ieEe55ary. /1.5 additior:ial rer:it, Le55ee 5hall pa•r to Le55or withir:i ter:i da•,15 after ar:i ir:ivoirn i5 f1,1rr:ii5hed to it sy the

Le55or, it5 5hare of EOFAFAOA area FAair:iter:iar:iEe E05t5 sa5ed or:i it5 prorata 5hare of 5b1Eh Gharge5, GoFApblted a5 the

5aFAe perGer:itage of 5b1Gh total Eo5t5 a5 the Les5ee's lea5ed 5parn GOFApares to the total leasasle spaGe ir:i Ba•,1s errv Plaza. i;or ill1,15tratior:i, the Lessee'5 share is aproxiFAately_.xxxx sa5ed 1,1por:i the pre5er:it GOAfig1,1ratior:i of Bayserry

Plaza exEepto1,1t parrnl5.

ELEVENTH: In no event shall Lessee deduct or withhold any amount from rental, tax and common charge and other payments

due Lessor pursuant to the applicable provisions of this Lease, notwithstanding any event of default in performance

of any agreement, condition, or other provisions to be performed by the Lessor, or if for any other reason Lessee

might be entitled to any reimbursement from Lessor.

The Lessor shall not be required to send to Lessee monthly statements for rent due or to become due under the

terms and conditions of this Lease. However, it is expressly agreed that monthly past due reminders shall constitute

notice of default.

The Le5see shall replaGe ar:id pa'( for all eleGtriG s1,1lss, laFAps, f11,1oresGer:itt1,1se5, salla5t5 ar:id starter5 a5 they sernn:ie

ir:ioperative

For a check sent in full or partial payment of any amounts owed pursuant to this Lease, or any rider thereto or

modification thereof, which is not honored because of insufficient funds, uncollected funds or any other reason,

there will assessed a charge of $50.00 and all subsequent payments shall be made by cash, bank draft, certified

check or money order and such charge will be due as additional rent.

TWELFTH: The Lessor covenants that upon the Lessee paying the above specified rent and performing and complying with all the terms, covenants and conditions hereof, the Lessee shall and may peaceable have, hold and enjoy the premises for the term aforesaid.

THIRTEENTH: The Lessee shall indemnify and keep and hold harmless the Lessor from any and all damages, costs, expenses, and liability for anything and everything whatsoever arising from, or out of, the occupancy by, or under, the Lessee, the Lessee's agents or servants, and from any loss, ordamages, arising from any default or negligence, by the Lessee, or failure on the Lessee's part to comply with any of the terms, covenants or conditions herein contained.

FOURTEENTH: In the event that Lessee shall remain in the Premises after the expiration of the term or any renewal term of this Lease without having executed a new written Lease with Lessor, such holding over shall not constitute a renewal or extension of this Lease. Lessor may, at its option, elect to treat Lessee as one who has not removed at the end of the scheduled term, and thereupon be entitled to all the remedies against Lessee provided by law in that situation, or Lessor may elect, at its option, to construe such holding over as a tenancy from month to month, subject to all the terms and conditions of this Lease except as to duration and monthly rent, which Lessor and Lessee agree shall increase to double the amount of the monthly rent last in effect.

FIFTEENTH: All notices provided for under the terms of this Lease will be in writing, addressed to the Lessor or Lessee at the address given at the beginning of this Lease and will be given by either a) personal delivery, b) by registered or certified mail, postage prepaid or c) by expedited delivery by a recognized courier service. All such notices will be deemed given when either delivered as provided for in a or c or two days after the mailing of the notice provided for in b.

SIXTEENTH: Lessee shall not assign or otherwise transfer this Lease or any of its rights hereunder, mortgage or

otherwise encumber this Lease or any of its rights hereunder, sublet the Premises or any part thereof, or permit the use of the Premises or any part thereof by parties other than Lessee without the prior written consent of the Lessor, which may be withheld or conditioned in Lessor's sole discretion. Consent by the Lessor to any assignment or sublease shall not be deemed consent to further or additional assignments and subletting, nor shall any consent release Lessee (or its guarantor, if any) from liability for performance of all terms and conditions of this Lease. Concurrently with any request for Lessor's consent Lessee shall pay to Lessor the sum of $750.00 for Lessor's review and processing of such request, and Lessor shall not be obligated to review such request prior to its receipt of the foregoing fee. If Lessee is a partnership or a limited liability company, a transfer of any interest of a general partner or member, a withdrawal of any general partner or member from the partnership or the company as applicable, or the dissolution of the partnership or company shall be deemed to be an assignment of this Lease. If lessee is a corporation, unless Lessee is a public corporation, whose stock is regularly traded on a national stock exchange, or is regularly traded in the over-the-counter market and quoted on NASDAQ, any dissolution or merger of Lessee or sale or other transfer of a percentage of the capital stock of Lessee which results in a change of controlling persons of the Lessee, which in all cases will be 51% or more but which may be less than 51%, or the sale or other transfer of substantially all of the assets of Lessee, shall be deemed to be an assignment of this Lease. Lessee agrees that in any assignment, Lessee shall remain liable for all of the terms and conditions of this Lease during the original term and any options or renewals of this Lease.

SEVENTEENTH: The failure of the Lessor to insist upon a strict performance of any of the terms, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies that the Lessor may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally.

EIGHTEENTH: If the property or any part thereof where the Premises are located shall be taken by public or quasi-public authority under any power of eminent domain or condemnation, this Lease, at the option of Lessor shall, upon written notice to the Lessee, terminate. Lessee in no event shall have any claim or interest in or to any award of damages for such taking. Similarly, if the Premises are partially or totally destroyed or damaged by fire or other casualty, then Lessor (subject to being able to obtain all necessary permits and approvals therefor) shall either terminate the Lease, without further liability, upon written notice to Les see, or opt to repair and restore the Premises as soon as is reasonably practicable to substantially the same condition in which the Premises existed before such damage. In the event the Premises are completely or partially destroyed or so damaged by fire or other hazard that the Premises cannot be reasonably used by Lessee or can only be partially used by Lessee and this Lease is not terminated as above provided, there shall be no abatement of rent, it being understood and agreed that the Lessee at its discretion, cost and expense shall procure insurance necessary to protect itself against any interruption of its business. In the event of damage or destruction to the Premises and unless this Lease is terminated by Lessor or Lessee as provided in this Section, Lessee shall, as soon as possible, repair, redecorate and refixture the Premises and restock the contents thereof in a manner and to at least a condition equal to that existing prior to its destruction or casualty, and reopen the entire Premises for business. All proceeds of insurance carried by Lessee on Lessee's personal property shall be held in trust for such purposes.

NINETEENTH lessee h,irther agrees as follows: (a) to pay all utility charges pn;rn:1ptly, (9) to make all repairs and r:eplacements in a workmanlike manner, (c) to keep the Pr:emises and platform, loading dock or service ar:eas used 9y lessee in good, healthful and clean condition, (d) to pr:e¥ent the Pr:emises from 9eing destroyed or damaged 9y fire, the elements or otherv.<ise, (e) to cause the sidewalks adjacent to Premises to 99 kept free of snow, ice, ru99ish and merchandise, (f) not to operate any machine upon the Premises without the consent of the lessor, (g) not to overload the floors, (h) not to paint on the exterior of Premises, and (i) not to use the Premises in a manner which cr:eates a nuisance or which distums any other tenants or occupants of neigh9oring

TWENTY: The Lessee expressly waives, forfeits, surrenders and releases the Lessor from the operation of any provision of law now in force or which may be hereafter enacted, giving the Lessee the right under any conditions after default, to the redemption and repossession of the Premises or any part thereof.

TWENTY-FIRST: The rights and interest of Lessee under this Lease shall be subject and subordinate to any ground lease, mortgage or trust deed now or hereafter placed upon any portion of Bayberry Plaza, and to any advances made thereunder, and to the interest thereon, and to all renewals, modifications, consolidations, replacements, extensions and re-financings thereof. This subordination is self-operative and does not require any separate subordination agreement. However, Lessee agrees to execute and deliver to Lessor, at no expense to Lessor, within ten (10) days after request therefore, such instrument(s)) as may be requested by any such ground lessor, mortgagee, or trustee to further evidence such subordination. In the event Lessee fails to execute and deliver any such subordination the ten (10) day period Lessee does hereby make, constitute and irrevocably appoint the Lessor as its attorney-in-fact for the purpose of executing any such subordination in Lessee's name, place and stead. The Premises are subject and subordinate to all encumbrances, easements, restrictions, covenants, zoning laws and governmental or any other regulations, now or hereafter affecting or governing the Bayberry Plaza.

TWENTY SECOND: Lessor shall not be liable for failure to give possession of the premises upon commencement date by reason of the fact that premises are not ready for occupancy or because a prior tenant or any other person is wrongfully holding over or is in wrongful possession, or for any other reason. The rent shall not commence until possession is given or is available but the term herein shall not be extended.

TWENTY-THIRD: a. If at any time prior to or during the term any one or more of the following events shall occur,

each such event shall constitute an "event of default:"

i. Lessee fails to pay any installment of the rent, taxes, common charges or any portion of any such payment, when the same becomes due and payable, and such failure continues for five (5) days;

ii. Lessee makes an assignment for the benefit of its creditors; iii. Lessee becomes insolvent; iv. The leasehold estate hereby created in Lessee is taken on execution or by other

process of law; v. Any petition is filed against Lessee in any court, whether or not pursuant to any

bankruptcy, reorganization, composition extension, arrangement or insolvency proceedings, and Lessee is thereafter adjudicated bankrupt, or such petition is approved by the court, or the court assumes jurisdiction of the subject matter and such proceedings are not dismissed within forty-five (45) days after the institution of the same; or any such petition is so filed by Lessee;

vi. In any proceedings, a receiver or trustee is appointed for Lessee's property and such receivership or trusteeship is not vacated or set aside within forty-five (45) days after the appointment of such receiver or trustee;

vii. There is a transfer or assignment or an attempted transfer or assignment of this Lease or of Lessee's interest thereof in violation of the restrictions set forth in this Lease;

viii. Lessee ceases operation in or vacates or abandons the Premises or otherwise fails to fully perform the obligations contained in this Lease;

ix. If Lessee shall fail to pay any other charge required to be paid by Lessee hereunder, and such failure shall continue for ten (10) days after notice from Lessor;

x. If Lessee shall fail to timely deliver to Lessor any subordination agreement or any estoppel certificate, as required hereunder;

xi. Lessee fails to maintain any of the insurance coverage's required to be maintained by the Lessee under any provision of this Lease; or

xii. Lessee fails to perform or observe any other requirement of this Lease (not hereinbefore specifically referred to) on the part of Lessee to be performed or observed and such failure continues for thirty (30) days after receipt of written notice from Lessor to Lessee.

This Lease and the term are expressly subject to conditional limitation and upon the happening of any one or more of the aforementioned events of default, Lessor, in addition to the other rights and remedies it may have, shall have the right to immediately declare this Lease terminated and the lease term ended, in which event all of the right, title and interest of Lessee hereunder shall wholly cease and expire upon service by Lessor of a notice of termination. Lessee shall then quit and surrender the Premises to Lessor in the manner and under the conditions as provided for under this Lease, but Lessee shall remain liable as hereinafter provided.

b. If the Lessor shall not be permitted to terminate the Lease as hereinabove provided because of Title 11 of the United States Code, as amended, relating to bankruptcy (the "Bankruptcy Code"), then Lessee or any trustee for Lessee agrees promptly, within no more than fifteen (15) days after the request of Lessor to the Bankruptcy Court, to assume or reject this Lease, and Lessee agrees not to seek or request any extension or adjournment of any application to assume or reject this Lease so made by Lessor. In such event, Lessee or any trustee for Lessee may only assume this Lease if it (1) cures or provides adequate assurance that the trustee will promptly cure any default hereunder, (2) compensates or provides adequate assurance that the Lessee will promptly compensate Lessor for any actual pecuniary loss to Lessor resulting from Lessee's default, and (3) provides adequate assurance of future performance under this Lease by Lessee. In no event afterthe assumption of this Lease by Lessee or any trustee for Les see shall any then existing default remain uncured for a period in excess of then (10) days. Adequate assurance of future performance of this Lease shall include, without limitation, adequate assurance of the source of the rent and additional monies required to be paid to Lessor hereunder, and that the assumption or any permitted assignment of this Lease will not constitute a breach of any provision of this Lease.

c. If this Lease shall be terminated as provided above, the Lessor or its agents or employees may immediately or at any time thereafter re-enter the Premises and remove therefrom Lessee, its agents, employees, licensees, and any sub-tenants and other persons, firms or corporations, and all or any of its or their property therefrom, either by summary dispossession proceedings or by any suitable action or proceedings at law or in equity, without being liable to indictment or prosecutionfordamages therefore, and repossess and enjoy the Premises, together with all alterations, additions and improvements thereto. Lessor, in the event of such re-entry and repossession, may store Lessee's personal property in a public warehouse or elsewhere at the cost of and for the account of Lessee and after thirty (30) days, Lessor will have the right to sell or dispose of such property upon ten (10) days prior written notice to Lessee.

d. In case of any such termination, re-entry or dispossession by summary proceedings or otherwise, the rents and all other charges required to be paid up to the time of such termination, re-entry or dispossession, shall be paid by Lessee, and Lessee also shall pay to Lessor all expenses which Lessor may then or thereafter incur for legal expenses, reasonable attorney's fees, brokerage commissions and all other costs paid or incurred by Lessor as the result of such termination, re-entry, dispossession, for restoring the Premises to good order and condition and for altering and otherwise preparing the same for reletting and forreletting thereof. Lessor may, at any time and from time to time, relet the Premises, in whole or in part, for any rental then obtainable either in its own name or as agent of Lessee, for a term or terms which, at Lessor's option, may be for the remainder of the then current term of this Lease or for any longer or shorter period.

e. If this Lease be terminated as aforesaid, Lessee nevertheless covenants and agrees notwithstanding any entry or re-entry by Lessor whether by summary proceedings, termination or otherwise, to pay and be liable for on the days originally fixed herein for the payment thereof, amounts equal to the several installments of rent and additional monies for taxes and common charges reserved as they would, under the terms of this Lease, become due if this Lease had not been terminated or if Lessor had not entered or re-

entered, and whether the Premises be relet or remain vacant in whole or in part or fora period less than the remainder of the term, and for the whole thereof. In the event the Premises be relet by Lessor, Lessee shall be entitled to a credit (but not in excess of the rent and other costs reserved under the terms of this Lease) in the net amount of rent received by Lessor in reletting the Premises after deduction of all expenses and costs incurred or paid as aforesaid in constructing or installing Lessee improvements in connection with such reletting and all other costs and expenses incurred in reletting the Premises and in collecting the rent in connection therewith. At any time after the termination of the Lease, in lieu of collecting any monthly deficiencies, or any further monthly deficiencies, as aforesaid, Lessor shall, at its option, be entitled to recover from Lessee, in addition to any other relief, such sums as at the time of such termination representing the amount of the then present value (computed at 4%) of the total rent and other benefits which would have accrued to Lessor under this Lease for the remainder of the term, as if the Lease had been fully complied with by Lessee. Suit or suits for the recovery of the deficiency or damages referred to in this subsection or for any installment or installments of Fixed rent or other sums due under the terms of this Lease, or for a sum equal to any such installment or installments, may be brought by Lessor at once or from time to time at Lessor's election, and nothing in this Lease shall be deemed to require Lessor to await the date whereon this Lease or the term hereof would have naturally expired had there been no such default by Lessee or no such termination.

f. In addition to Lessor's remedies set forth in this Section, Lessee agrees that Lessor also has the right to recover from Lessee damages without terminating this Lease, in an amount representing: (1) the unamortized costs of any of Lessor's leasehold improvements (including, but not limited to, any costs of design, materials and construction) within the Premises and any brokerage and/or other fees paid by Lessor, if any, in connection with this Lease , as such costs shall have been amortized over the term of the Lease at an interest rate of ten percent (10%) , and (ii) the amount of the then present value (computed at 4%) of the total annual rent and other benefits which would have accrued to Lessor under the Lease for the remainder of the term if the terms of this Lease had been fully complied with by Lessee.

g. Lessee hereby expressly waives, so far as permitted by law, the service of any notice of intention to re-enter provided for in any statute, orof the institution of legal proceedings to that end, and Lessee, for and on behalf of itself and all persons claiming through or under Lessee, also waives any and all right of redemption or re-entry or repossession by Lessee or in case of any expiration or termination of this Lease, LESSOR AND LESSEE HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, THE RELATIONSHIP OF LESSOR AND LESSEE, LESSEE'S USE OR OCCUPANCY OF THE PREMISES, OR ANY CLAIM OR INJURY OR DAMAGE. THE TERMS "ENTER," "RE-ENTER," "ENTRY," OR "RE-ENTRY" AS USED IN THIS LEASE ARE NOT RESTRICTED TO THEIR TECHNICAL LEGAL MEANING. In the event Lessor commences any proceedings for the recovery of possession of the Prem is es or to recover fornon-payment of rent or other charges, Lessee shall not interpose any non­compulsory counterclaim in any such proceeding. This may not, however, be construed as a waiver of Lessee's rights to assert such claim in any separate action or actions initiated by Lessee.

h. No failure by Lessor to insist upon the strict performance of any covenant, agreement, term or condition of this Lease or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rent during the continuance of any such breach, shall constitute a waiver of any such breach or of such covenant, agreement, term and condition, and this Lease shall continue in full force and effect with respect to any other then existing or subsequent breach thereof.

i. In the event of any breach or threatened breach by Lessee of any of the covenants,

agreements, terms or conditions contained in this Lease, Lessee shall be entitled to enjoin such breach or threatened breach and shall have the right to invoke any right or remedy allowed at law or in equity, by statute or otherwise.

j. Each right and remedy of Lessor provided for in this Lease shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease or now or hereafter existing at law or in equity, by statute or otherwise.

k. Lessee waives to the fullest extent permitted by law any right of redemption.

I. In the event Lessor commences any action to enforce this Lease or collect the amounts due hereunder, Lessee agrees to pay the reasonable attorneys fees and expenses incurred by the Lessor.

TWENTY -FOURTH: Lessee will indemnify, defend and hold Lessor, Lessor's managing agent, their respective officers, directors, partners, members and employees and such other persons who are in privity of estate of Lessor, harmless from and against any and all claims, actions, damages, loss, cost, expense, and liability whatsoever arising from or out of any occurrence in, upon or at the Premises, from, out of or by reason of Lessee's use or occupancy of the Premises or Bayberry Plaza property, or any part thereof, or occasioned wholly or in part by any act or omission of Lessee, its agents, contractors, employees, lessees, invitees (while such invitees are in, entering or exiting the Premises, only) or concessionaires. In case Lessor, Lessor's managing agent, their respective officers, directors, partners and employees ors uch other persons who are in privity of estate with Lessor shall be made a party to any litigation commenced by or against Lessee, then Lessee agrees to protect and hold such parties harmless and to pay all costs, expenses and reasonable attorney's fees incurred or paid by such parties in connection with such litigation. Such indemnity will survive the termination or expiration of this Lease.

TWENTY-FIFTH: Lessee agrees that it will join, pay all applicable dues and observe all rules and regulations of any merchants or

tenants association formed by either the Lessor or the Tenants of Bayberry Plaza with the permission of the Lessor. Lessee agrees to pay a fee for the use of LED sign per month in the amount of $100.00

TWENTY-SIXTH: Lessee shall repair, clean or otherwise maintain such signage as may be reasonably required by Lessor, and upon Lessee's failure to so comply Lessor may repair or clean such signage at Lessee's expense and upon demand Lessee shall reimburse Lessor such costs as additional rent hereunder. The location, design and material used for said sign are subject to the written consent of Lessor, such consent to be obtained prior to the installation. Upon the termination of this Lease, Lessee shall cause such sign letters to be removed by a competent sign company and shall immediately pay to Lessor the cost of repairing any damage to the exterior of the building. No window signs will be allowed without the prior written permission of the Lessor, which may be withheld in the Lessor's discretion, other than temporary signs advertising any promotional items or advertising specials in the same manner as is done by the pharmacy located at Bayberry Plaza.

TWENTY-SEVENTH: If Lessor shall deem it necessary to remove any sign on or in the Premises in order to paint or to make repairs, alterations or improvements to the Shopping Center, Lessor shall have the right to do so, provided it does not unreasonably interfere with Lessee business. After any work which gives rise to any removal has been completed, Lessor shall replace the sign at Lessor's expense. However, Lessor, if it elects at its direction to remodel or change specifications for all Lessee site signs, Lessee will be responsible, at its expense for the cost of complying with such remodeling or new sign specifications. During the course of such work, Lessee may hang a temporary sign in its show window or other place on the Leased Premises to identify Lessee business at the Premises. Any damage caused to the Premises due solely to any repairs, alterations or improvements performed by Lessor in accordance with this Section 29 shall be repaired by Lessor expense.

TWENTY-EIGHTH: All costs charged to or incurred by Lessor in the collection of any amounts owed pursuant to this Lease, including reasonable attorney's fees and court costs, shall be paid by Lessee;

TWENTY-NINTH: Lessee shall not conduct any activities with respect to the Premises or Bayberry Plaza which result in the generation, storage or release of any toxic, hazardous or similar substances (as those terms may be defined from time to time in any federal, state or local law, rule or regulation). Lessee shall bear all liability for any claim, injury, loss or damage to any person or the environment as a result of any such toxic, hazardous or similar substances and Lessee will save Lessor harmless and indemnify Lessor against any such loss, claim, injury ordamage. Within sixty (60) days afterthe execution of this Lease, Lessee shall furnish Lessor with all Standard Industrial Classification Numbers as issued by the United States, the State of New York or any other governmental authority ("SIC"), which relate to the business of Lessee and the use and purposes for which the Premises shall be utilized. At the end of the Lease term, including any renewal or extension thereof, Lessee will provide Lessor with any environmental clearance which may be required by any governmental authority having jurisdiction. Until such time as the Premises are delivered to the Lessor by the Lessee in a "clean" condition, as specified by law, Lessee will pay to Lessor the monthly rental based upon double the amount of monthly rent during said interim period, and will notify Lessor at least ninety (90) days prior to obtaining a clean condition report as specified by law. Prior to the commencement date of this Lease, and thereafter upon the request of Lessor, Lessee agrees to deliver to Lessor a written statement detailing all processes, functions, procedures and other methods of operation used at the Premises, a description of all materials to be stored at the Premises and any changes, modifications or amendments thereto. Lessee further agrees to properly and accurately label and segregate all materials stored at the Premises, as required by law. At all times during the term hereof, and upon the termination of the terms hereof, Lessee shall comply with all applicable environmental protection laws, rules or requirements, and shall promptly cure all violations thereof arising from its non-compliance, including but not limited to the preparation, delivery and/or filing with the applicable governmental authorities and with the Lessor, of all forms, certificates, notices, documents, plans and other writings, and the furnishing of such other information as may be required or requested by the Lessor, its mortgagee or any applicable governmental authority in connection with the sale, lease, transfer, mortgaging or other disposition of the Premises and/or Bayberry Plaza. It is specifically acknowledged and agreed that the provisions of this paragraph shall survive the termination of this Lease, regardless of the reason or cause thereof.

THIRTIETH: Lessee shall operate its business on the Premises during the entire term of this Lease with due diligence and efficiency. Lessee further shall conduct its business in the Premises on the days and during the hours as Lessor may from time to time designate. Lessee shall deep the display windows and signs, if any, in the Premises well lighted during such hours as are designated by the Lessor from time to time. Lessee shall not vacate or abandon the Premises at any time during the term of the Lease. Throughout the term, Lessee shall use the entire Premises under the trade name _WIC solely for the conduct of the following business, Onondaga County Women Infant and Children and under no other trade name and for no other purpose whatsoever. The foregoing provisions governing Lessees business operation are intended for the benefit of all tenants of the development. If Lessee fails to maintain such above business operations, or vacates or abandons the Premises, or fails to initially open its store upon commencement of the Lease term, Lessee acknowledges that Lessor will be damaged thereby in an amount not susceptible of exact computation. Therefore, Lessee in such event agrees that for each month such violations occur it shall pay Lessor as liquidated damages an amount equal to the minimum monthly rent, which damages shall be paid in addition to all rent due Lessor, and that such liquidated damages shall be in addition to and not in lieu of all other damages to which Lessor is entitled by law or by this Lease. The parties agree that in the event of a breach or threatened breach of the foregoing covenants, in addition to all of Lessor's other rights and remedies, at law or in equity, or otherwise, Lessor shall have the right of injunction to preserve Lessee's occupancy and use.

THIRTY-FIRST:

Lessee assumes all risk of damage to or destruction, loss or pilferage of fixtures, personal property or any improvements Lessee has made within the Premises or any loss suffered by Lessee's business resulting from any cause whatsoever and shall save and hold Lessor harmless from all claims resulting therefrom.

THIRTY-SECOND: Within ten (10) days after Lessor's written request therefor, Lessee shall deliver to Lessor or to any prospective purchaser or mortgagee of the Premises a written statement certifying (if such is the case) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended; that all covenants, conditions and agreements on the part of Lessor hereunder have been performed; and that there are no defenses or offsets to the enforcement of this Lease by Lessor, or stating those claimed by Lessee.

THIRTY-THIRD: The term "Lessor, as used in this Lease means only the owner for the time being of the building in which the Premises are located or the owner of a leasehold interest in the building and/or the land thereunder so that in the event of sale of the building or an assignment of this Lease, or a demise of the building and/or land, Lessor shall be and hereby is entirely relieved of all obligations of Lessor hereunder and it shall be deemed without further agreement between the parties and such purchasers), assignee(s) orlessee(s) that the purchaser, assignee or lessee has assumed and agreed to observe and perform all obligations of Lessor hereunder. It is specifically understood and agreed that there shall be no personal liability of Lessor or any of its members, managers, partners, directors, officers, employees or shareholders in respect to any of the covenants, conditions or provisions of this Lease, In the event of a breach or default by Lessor of any of its obligations under this Lease, Lessee shall look solely to the equity of Lessor in Bayberry Plaza for the satisfaction of Lessee's remedies.

THIRTY-FOURTH: The necessary grammatical changes which shall be required to make the provisions of this Lease apply, (a) in the plural sense if there shall be more than one Lessor, and (b) to any Lessor which shall be either a corporation, an association, a partnership or individual, male or female, shall in all instances be assumed as though in each case fully expressed. Unless otherwise provided, upon the termination of this Lease under any of the paragraphs hereof, the Lessor shall be relieved of any further liability hereunder except as to acts, omissions or defaults occurring prior to such termination.

THIRTY-FIFTH: The failure of Lessor to insist upon strict performance of any of the covenants or conditions of this Lease orto exercise any option herein conferred in any one or more instances shall not be construed as a waiver or relinquishment for the future of any such covenants, conditions or options, but the same be and remain in full force and effect.

THIRTY SIXTH: Lessor and Lessee agree that this Lease shall be governed by the laws of the state in which the Premises are located. Lessor and Lessee hereby waive any right either may have to a jury trial in connection with any claim, counterclaim, or other dispute arising out of or in connection with this Lease.

THIRTY SEVENTH: Lessor agrees to repair and maintain the outside walls, structure, roof and foundation of the building containing the Premises in good order and serviceable condition. Lessorshall not be required to commence any such repair until a reasonable time after written notice from Lessee that the same is necessary. If Lessor fails to use due diligence in causing repairs to be made within a reasonable time after written notice is received from the Lessee, then the Lessor will be responsible for damages to Lessee's property resulting from such failure to repair as long as Lessee has taken reasonable steps to protect its property in light of damage to any walls, structure, roof and foundation, but under no circumstances whatsoever will Lessor be responsible for any special or consequential damages which may be incurred by Lessee whether or not Lessor has used due diligence in causing repairs to be made under this section. There is excepted from this covenant the following, which shall be Lessee's sole responsibility: (i) repair of damage caused by the act or omission of Lessee, its employees, agents, contractors, customers, invitees or licensees; (ii) repair of any loading areas not used in common with others; and (iii) repairs which are the responsibility of Lessee

as provided for in this Lease.

THIRTY- EIGHTH: All alterations, additions, improvements or installations made by Lessee, or made by Lessor on Lessee's behalf and at Lessee's expense, shall remain the property of Lessee for the term of the Lease. Such alterations, additions and improvements shall not be removed from the Premises prior to the end of the term hereof without the prior consent in writing from Lessor, but the Lessee's equipment and trade fixtures may be removed as long as the removal does not damage the Premises or if such removal will damage the Premises, the Lessee has submitted plans acceptable to the Lessor whereby the Lessee will adequately repair any such damage at the Lessee's sole cost and expense. Upon expiration of the term of this Lease or upon Lessee's vacating the Premises upon eviction or surrender of the Premises prior to expiration of the term, all permanent leasehold improvements and fixtures or equipment permanently attached to the real estate shall become the property of the Lessor (unless, as a condition of its consent to install same, Lessor shall have required the subsequent removal thereof by Lessee). Lessee shall surrender all keys for the Premises to Lessor and shall inform Lessor of all combinations on locks, safes and vaults, if any, in the Premises. Lessee's personal property shall be removed within five (5) days following the expiration or earlier termination of this Lease or else Lessor shall have the option of retaining or removing Lessee's Personal Property at Lessee's expense. Lessee shall repair or cause to be repaired any damage to the Premises caused by such removal.

THIRTY-NINTH: bessee agF9es, at its &919 c9st and expense, t9 F9pair and maintain the 12F9mises in g99d 9rg9r and c9nditi9n, including but n9t limited t9, the n9n structural p9rti9ns 9f the l2F9mises including st9F9 fr9nt, l9ading ar:9as, sh9w v.'ind9v.1s, d99rs, wind9'.¥S, plate and wind9'A' glass, ceilings, fl99r c9verings, and the plumbing, sprinkler, electric, HVA.C and se•.e.1age systems, facilities, appliances, lighting fixtur:9s and 9ther systems within the 12F9mises and impr9vements locateg within the 12remises. In adgition, bessee shall be rasp9nsible at its expense for the F9pair and maintenance 9f H1/A.C UNIT and ha'.'9 unit maintained twice per each year with a certificate 9f pr9Qf 9f maintenance sent t9 the bessor als9 a carb9n m9n9xide detect9r must be installed and 9perable for the safety ang well being 9f tenant and patr9ns, any 9ther equipment Qr impr9vement l9cated 9utside the l2F9rnises which is c9nstructed Qr installed by bessee QF at bessee's request. Lessee shall obtain Lessor's prior consent before making any repair or performing any maintenance which may adversely affect any aspect of Bayberry Plaza operation.

FORTIETH: If repairs are required to be made by Lessee pursuant to the terms hereof, Lessor may demand (but shall not be required to do so) that Lessee make the same forthwith, and if Lessee refuses or neglects to commence such repairs and complete the same with reasonable dispatch after such demand, Lessor may make or cause such repairs to be made and shall not be responsible to Lessee for any loss or damage that may accrue to its stock or business by reason thereof. If Lessor makes or causes such repairs to be made, Lessee agrees that it will, within twenty (20) days after receipt by Lessee of evidence of payment therefor by Lessor, pay as additional rent to Lessor, the cost thereof, and if Lessee shall default in such payment, Lessor shall have the remedies provided in this Lease. Likewise, if repairs are required under the terms hereof to be made by Lessor and it fails or refuses after twenty (20) days notice and demand by Lessee to make such repairs, then Lessee shall have the right to make such required repairs. Lessor shall reimburse Lessee for the cost of such repairs within twenty (20) days after receipt by Lessor of evidence of payment therefor by Lessee; however, Lessee shall have no right to offset such costs against the payment of any rent.

FORTY- ONE: Lessee shall not make or cause to be made any alterations, additions or improvements or install or cause to be installed any trade fixtures, exterior sign, floor covering, interior or exterior lighting, plumbing fixtures, shades or awnings, or make any changes to its store-front or interior decor without first obtaining Lessor's approval and consent in each instance which shall not be unreasonably withheld, other than routine nonstructural repairs and replacements not in excess of $10,000 in any calendar year. Lessee shall present to Lessor plans and specifications for such work at the time approval is sought and pay to Lessor a design review fee of $250.00. All permitted alterations, additions or improvements shall be done in a good and workmanlike manner in compliance with all applicable laws and ordinances and shall not interfere with the

conduct of Lessee's normal business. Any alteration, addition or improvement done to the Premises by Lessee without Lessor's approval or as otherwise permitted under the terms of this section shall be immediately returned to its original condition at Lessee's expense upon request by Lessor at any time. All fixtures installed by Lessee shall be new or completely reconditioned. Lessee hereby warrants that such fixtures as installed will be free from defects in material and workmanship and will be designed, constructed and installed so as not to be hazardous to persons who may be on the Premises from time to time.

FORTY-SECOND: Upon the signing of this lease, Lessee must provide with Lessor a copy of Insurance Certificate in both the Lessee and the Lessor's name.

FORTY-THIRD: The Lessor will provide the following at the Lessor's expense: Rubbish removal for the entire term of this lease with no escalations Pest control for seasonal or occasional infestation for the entire term of this lease Basic maintenance such as exterior window washing and replacement of light bulbs Basic plumbing and electrical repair Utilities including electricity, gas and water to the base amount for year 2009. Any increases/decreases relative to 2009 base year electricity gas and water to be reconciled at each anniversary of lease term and billed/credited to lessee on the 1st of the month following reconciliation of expenses.

BASE YEAR: National Grid 2009 BASE YEAR: Common Area 2009 BASE YEAR: Town and County Tax 2009 BASE YEAR: School Tax 2009-2010 BASE YEAR: Insurance 2009-2010

$5800.00 $3369.87 $1013.44 $3170.82 $646.50

Pro rata share of any increases/decreases relative to common area charges for base year 2009 Pro rata share of any increases/decreases relative to taxes for base year 2009 Pro rata share of any increases/decreases relative to Insurance for base year 2009 All increases/decreases will be reconciled at the end of each lease year and lessee will be billed for any increases or credited for any decreases that occur relative to 2009 base year.

AND IT IS MUTUALLY UNDERSTOOD AND AGREED that the covenants and agreements contained in the within lease shall be binding upon the parties hereto and upon their respective successors, heirs, executors and administrators.

IN WITNESS WHEREOF, the parties have interchangeably set their hands and seals (or caused these presents to be signed by their proper corporate officers and caused their proper corporate seal to be hereto affixed) this ____ day of _____ , 2020.

Signed, sealed and delivered in the presence of

__________________ L.S.

________________ L.S.

________________ L.S

STATE OFNEWYORK)SS.: COUNTY OF ONONDAGA)

On this _____ day of _______ , 20 __ , before me, the undersigned, a notary public in and for said State personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument.

------'---------Notary Public

STATE OFNEWYORK)SS.: COUNTY OF ONONDAGA)

On this _____ day of _______ , 20 __ , before me, the undersigned, a notary public in and for said State personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument.

____________ Notary Public

September 1, 2020

Motion Made By Mr. Burtis RESOLUTION NO. -------

AUTHORIZING THE SALE OF TAX DELINQUENT PROPERTY TO EMPIRE POLYMER SOLUTIONS, LLC AND BUCHANAN PARTNERS, LLC

WHEREAS, Lot No. 031.-11-01.1, also known as 7528 State Fair Boulevard in the Town of Van Buren, is tax delinquent; and

WHEREAS, Empire Polymer Solutions, LLC and Buchanan Partners, LLC have expressed a desire for said property for commercial/industrial development purposes; and

WHEREAS, it appears that a portion( s) of the property was the site of a petroleum spill, which may negatively affect the market value of the property for sale at public auction; and

WHEREAS, the Office of the State Comptroller, New York Environmental Protection and Spill Compensation Fund (Oil Spill Fund) has an environmental lien on the property for the clean-up and removal costs associated with said petroleum spill; and

WHEREAS, the County is the owner and holder of the tax sale certificate on said lot, and it is the desire of this Legislature to authorize the sale of said property to Empire Polymer Solutions, LLC and Buchanan Partners, LLC; and

WHEREAS, by Resolution No. 58-2019, this County Legislature found and declared a negative declaration under the New York State Environmental Quality Review Act (SEQ RA) for the sale of such tax delinquent property; now, therefore be it

RESOLVED, that, pursuant to 6 NYCRR 617.7(e) and in accordance with Article 8 of the Environmental Conservation Law, this Legislature does hereby amend said negative declaration to replace the prior prospective purchaser with that of Empire Polymer Solutions, LLC and Buchanan Partners, LLC, and hereby finds and declares an amended negative declaration because the proposed action will not have a significant adverse impact on the environment; and, be it further

RESOLVED, that for a consideration comprised (1) of payment of a purchase price of $500,000 and (2) of an environmental indemnification from the buyers, the County Executive, County Chief Fiscal Officer, and County Attorney be and hereby are authorized: to execute deeds to acquire the above mentioned property by tax deed; to sell said property to Empire Polymer Solutions, LLC and Buchanan Partners, LLC contingent upon their receipt of an acceptable PILOT agreement from the Onondaga County Industrial Development Agency; to discharge any and all delinquent taxes owed to the County, together with any interest, penalties and administrative fees that may have accrued on such delinquent taxes; to negotiate with the Oil Spill Fund for a release and discharge of the environmental lien on the property in exchange for a portion of the purchase price; and, to execute agreements to further the intent of this Resolution.

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PURPOSE:

Onondaga County is proposing to seize parcel 031.-11-01.1. The parcel owes in excess of

$782,933.47

OBJECTIVE/ WORK PLAN:

Onondaga County is proposing to seize the parcel reference above in support of an economic

development opportunity. The company Empire Polymer Solutions is proposing to repurpose

the site as a plastics remanufacturing facility. The project is projected to create 70 jobs over the

first five years of operation and has a projected Total Project Cost of $7,135,210.

FUNDING SOURCE:

N/A

BUDGET:

The new entity will enter into a PILOT through OCIDA. This PILOT agreement will generate

revenue for Onondaga County.

Department Economic Development

Program and Financial Information Sheet

5a

September 1, 2020

Motion Made By Mr. Knapp RESOLUTION NO. ------

CHANGING THE DATE OF THE OCTOBER 13, 2020 LEGISLATIVE SESSION

WHEREAS, Rule 1 of the Rules of the Onondaga County Legislature provides that the date of a regular session may be changed by a motion duly passed by a majority of the whole number of the County Legislature, and it is the desire of this Legislature to change the date of the regular session occurring on October 13, 2020; now, therefore be it

RESOLVED, that this Legislature hereby changes the date of the October 13, 2020 regular session from Tuesday, October 13, 2020, to Thursday, December 3, 2020, at 1 :00p.m.

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September 1, 2020

Motion Made By Mr. Knapp RESOLUTION NO. ------

CHANGING THE DA TE OF THE NOVEMBER 2020 LEGISLATIVE SESSION

WHEREAS, Rule l of the Rules of the Onondaga County Legislature provides that the date of a regular session may be changed by a motion duly passed by a majority of the whole number of the County Legislature, and it is the desire of this Legislature to change the date of the regular session occurring in November 2020; now, therefore be it

RESOLVED, that this Legislature hereby changes the date of the November 2020 regular session from Thursday, November 5, 2020, to Wednesday, November 4, 2020, at 1 :00 p.m.

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September 1, 2020

Motion Made By Mr. Burtis RESOLUTION NO .. _____ _

STANDARD WORK DAY AND REPORTING RESOLUTION

WHEREAS, the County of Onondaga hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the Clerk of this Legislature:

Standard Days/Month No record of *Term Work Day (based on Record activities

LName FName MI Title Bee:ins/Ends (hrs/dav) of Activities) Tier 1 completed

APPOINTED

Kilmartin Patrick M Assistant County Jan. 1, 2020 - 7 25.14

Attomey2 Dec. 31, 2023

RESOLVED, that, pursuant to the requirements of2 NYCRR 315.4, the Clerk of this Legislature is hereby directed to cause a copy of this resolution to be publicly posted for at least 30 days after adoption and, thereafter, to transmit this resolution and a supporting affidavit of posting to be filed with the New York State Office of the Comptroller within 15 days after the 30 day public posting period ends.

*Reflects the term of the Elected or Appointed Official making the appointment

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September 1, 2020

Motion Made By Mr. Knapp RESOLUTION NO. ____ _

AMENDING RESOLUTION NO. 25-1986 TO REMOVE THE DIRECTNE TO GNE NOTICE OF THIS ORDER BY PUBLICATION IN THE NEWSPAPER

WHEREAS, by Resolution No. 25-1986, the Clerk of the Onondaga County Legislature is directed to give notice of this Order by publication of the same in the newspaper of general circulation in the County of Onondaga; now, therefore be it

RESOLVED, that Resolution No. 25-1986 hereby is amended to remove the above language from the third Resolved Clause; and, be it further

RESOLVED, that in all other respects Resolution No. 25-1986 shall remain in full force and effect.

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September 1, 2020

Motion Made By Mr. Knapp, Mr. May, Mr. Rowley, Mr. Burtis, Mrs. Tassone, Ms. Cody, Mrs. Abbott-Kenan, Mr. Holmquist, Mr. McBride, Mr. Bush, Mr. Jordan

RESOLUTION NO. -------

AUTHORIZING COST FREE LIVE STREAMING OF REGULAR AND SPECIAL LEGISLATIVE SESSIONS CONSISTENT WITH THE ONONDAGA COUNTY LEGISLATURE'S LONG­

STANDING COMMITMENT TO IMPROVING PUBLIC ACCESS

WHEREAS, the Open Meetings Law promotes a democratic society by enabling the citizens of Onondaga County to attend, listen, and observe the performance of public officials as they deliberate and make public policy decisions; and

WHEREAS, the Onondaga County Legislature has always encouraged public engagement by making government business readily accessible to all citizens via our website; and

WHEREAS, the Onondaga County Legislature's committee meetings and public hearings are documented quickly, effectively, fairly, and in accordance with the law; and

WHEREAS, local government operations must adapt and transform to keep the public informed and promote public engagement, by taking advantage of new technology, the Onondaga County Legislature has an opportunity to improve access to its regular and special legislative sessions; and

WHEREAS, the COVID-19 pandemic has caused all levels of government to change the way they operate with regard to keeping the public informed, by continuing to promote accessibility to our regular and special legislative sessions makes Onondaga County a leader in this endeavor; and

WHEREAS, there is no funding available to invest in any additional infrastructure to support this policy, current county technological resources and infrastructure will need to be utilized; now, therefore be it

RESOLVED, beginning as soon as possible, the Onondaga County Legislature shall, to the extent practicable, stream all regular and special legislative sessions on free of charge platforms and post the recording to the Legislature's website until the following session; and, be it further

RESOLVED, that when technical difficulties or other barriers arise, proceedings of the Onondaga County Legislature will be available on our website, as they always have been, in full compliance with Open Meetings Law.

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