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August 2012 - Empire State Development - New York State

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Grantee Contact:<br />

ESD Project No.:<br />

Mark Peterson, President & CEO<br />

100 Chestnut Street, Suite 1910<br />

Rochester, NY 14604<br />

Phone: (585) 530-6200<br />

Fax: (585) 546-8477<br />

X764<br />

Project Team: Origination Robert McNary<br />

Project Management<br />

Edward Muszynski<br />

Contractor & Supplier Diversity Vikas Gera<br />

Environmental<br />

Soo Kang<br />

C. Financial Terms and Conditions<br />

1. Upon execution of the grant disbursement agreement, the Grantee shall pay a<br />

commitment fee of 1% of the $200,000 working capital grant ($2,000).<br />

2. The Grantee will be obligated to advise ESD of any materially adverse changes in its<br />

financial condition prior to disbursement.<br />

3. The Grantee will be required to contribute a minimum of 10% of the total project cost<br />

in the form of equity contributed. Equity is defined as cash injected into the project<br />

by the Grantee or by investors, and should be auditable through financial statements<br />

or accounts, if so requested by ESD. Equity cannot be borrowed money secured by<br />

the assets in the project.<br />

4. Up to $200,000 will be disbursed in arrears to the Grantee during the course of the<br />

project, no more frequently than quarterly, and in proportion to ESD’s funding share,<br />

upon documentation of eligible project costs, assuming that all project approvals have<br />

been completed and funds are available. Payment will be made as reimbursement<br />

upon presentation to ESD of an invoice and such other supporting documentation as<br />

ESD may reasonably require, including program reports. Expenses must be incurred<br />

on or after April 10, <strong>2012</strong>, to be considered eligible project costs. All disbursements<br />

must be requested by April 1, 2014.<br />

IV.<br />

Statutory Basis – Economic <strong>Development</strong> Purposes Fund<br />

The project was authorized in the 2011-<strong>2012</strong> <strong>New</strong> <strong>York</strong> <strong>State</strong> budget and reappropriated in the<br />

<strong>2012</strong>-2013 <strong>New</strong> <strong>York</strong> <strong>State</strong> budget. No residential relocation is required as there are no<br />

families or individuals residing on the site.<br />

5

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