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City Council

Regular Meeting

Troy, NY · October 22, 2015

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Agenda

LOCALLAW#2 LOCAL LAW NO. 2 (INTRO #2)FOR 2015 AMENDING SECTION 285-49 OF CHAPTER 285 OF THE CITY CODE ENTITLED ZONING TO PROVIDE FOR THE REZONING OF THE IDLLSIDE AND BEMAN PARK NEIGHBORHOODS AS HEREINAFTER DEFINED FROM R-3 TO R-2 ZONING DISTRICT CLASSIFICATION BE IT ENACTED, by the City Council of the City of Troy, as follows: SECTION 1. The geographical boundaries of the City affected by this local law consist of all that tract, piece and parcel bounded by Hoosick Street, 81h Street, Peoples Avenue, 15 1h Street, Jacob Street and 1ih Street. SECTION 2. The described area in "1" above shall be rezoned from R-3 to R-2 zoning district classification. SECTION 3. The City Council shall cause to be delineated on the Zoning Map of the City of Troy, New York, dated October 7, 1988, this local law as an amendment thereto, together with all notations, references and other information on file in the City Clerk's Office. SECTION 4. This local law shall take effect upon filing with the Secretary of State. OFFICIAL ZONING MAP City of Troy _.._ -- 0•\----- -"~­ o~ ...... - o-- a ... - --.- o-. .........-- oiCQ.-·-- .. __ ~ o-- c::J....:~o_SI o~­ CJ~-­ o~--...-- 0111Z."""f-,- _ I'd,,_, 011l __ .......... 0"'-_,....._ ..__ -- _ _ ,.,.., _ -n.--- _IIUI;_c:ooo-sol_ ----Uooo-r o"""'-"-- 1-==aaml -- L.EGEND --- -w.r -us- --- """ ,____ ;la:c~ ............. ORD.#96 ORDINANCE AUTHORIZING AND DIRECTING THE RECONVEYANCE OF CITY-OWNED REAL PROPERTY The City ofTroy, in City Council, convened, ordains as follows: Section 1. Pursuant to Section 83-5 of the Troy Code, the Bureau of Surplus Property accepted applications for the reconveyance of city-owned property within one month of the first newspaper advertisement of the sale of said city-owned property, which is located at 3370 61h Avenue and identified as Tax Map SBL No. 90.55-3-1. Section 2. The Mayor is hereby authorized to sell and reconvey the hereinafter described real property to the following named purchaser for the sum below indicated which is hereby determined to be a fair price for the same without the competitive bidding and upon the terms and conditions set forth below. Section 3. The Mayor is hereby empowered to execute and deliver to the said applicant a quitclaim deed conveying said premises thereinafter described, but said conveyance is to be made expressly subject to the conditions hereinafter set forth. Section 4. The purchaser, purchase price and tem1s and conditions of sale are as follows: PURCHASER- SIXTH AVENUE BAPTIST CHURCH PURCHASE PRICE- $28,529.68 for Parcel No. 90.55-3-1. TERMS AND CONDITIONS: Purchaser submitted a check to City of Troy on October 7, 2015 for the full amount of purchase price and paid all filing and recording fees related to the filing and recording of the deed with the Rensselaer County Clerk. Section 5. This Ordinance shall take effect immediately. Approved as to form, October 8, 2015 Ian H. Silverman, Esq., Corporation Counsel THE CITY OF ASSESSOR'S OFFICE TQ Phone (518) 279-7165 VERIFICATION FORM OF PAID RECONVEYANCE REQUEST Date: 10/7/2015 Council Approval Date: Ordinance# Series #BB0059 Property Location: 3370 Sixth Ave. SBL#: 90.55-3-1 Ward & Plate #: 13082300 Perspective Owner(s): Sixth Avenue Baptist Church Tel#: C/o Dave Lewis Mailing Address: 36 1ogth St. Troy, NY 12182 $27,088.42 Back Taxes $ 321.26 Delinquent Water $ 35.00 Advertising Fee $ 150.00 Legal Fee $ 235.00 Reconveyance Fee $ 300.00 Assessor Fee $ 400.00 Closing Fee $28,529.68 TOTAL PAID: CHECK PAYABLE TO THE CITY OF TROY ************************************************************************************************ Recording Fees: $ 298.00 Held in the Assessor's Office This is to affirm that: Sixth Avenue Baptist Church the person(s) notated above, have paid all monies due** at this time, enabling them to schedule the closing of their perspective property. (copies of documentation attached) Signed: Title: Assessment Clerk Scheduled Closing: Date: Time: ------------------------- **If scheduled Closing takes place later than proposed time limit, it may be necessary to collect more pro-rated taxes, consult Assessors' Office. ,, ·. ~: . ··:. ,,,, . ~ . ... ~ ~~±Hf1~~~: ~~~~ a~;;t;· ... u n •• Wtthin one (1) month after the beginning of~ application period, the applicant shaD. subtnit a duly written · certificate o.r certified search of the County Clerk o.r Clet:k of any Suttogate's o.r other Court ofReco.rd, o.r by the duly written certificate, cettified search of title .report of any title insumncc; abstract o.r seatching co:tnpany o.r atto..rney attesting that the applicant fo.r such conveyance was on the date .of the filing of the Jist (09/03/2015) of delinquent taxes such owner, fu:no.r o.r encumhmncet of reco.rd an.d listing any liens o.r encumbnmces of.reco.rd 1l$ of that date. In the event that the estate, lien o.r .interest ·of the applicant shall have · been derived by .reason ofthe ciea.th of the owner, lieno.r o.r encwnb.mn.cet: of.reco.td of o.r against such lands,· ·' ·. · .real estate and .teal property <?n the date of the .tlling·of the list of delinquent taxes, and such ~ed estate, . lien o.r iniel;est:. of the app~t shaD. not appear of.teco.rd, proof of such facts as shall. be sufficient to a.ttest to the de:riva.tion of such estate, lien o.r .interest shall be made by affidavit of the applicant o.r other pet:sons having infotmation with .relation thereto. · , hereby state that I~ the fo.rmer owner (lieno.r) of ---=3:o:.~..::;_t..;....::D:...-_S_~_K...::·_~___:-~ __.- - - - - - - - - - and that I have not accei>ted o.r agteed to accept any corisideratio~ o.r other assistance fo.r making this application .in .retum fo.r a promise o..r agreement to convey, tmnsfer o.r assign my right, title and .interest .in the lands to be conveyecL DATED: STA'IE 0!" NEW YORK) COUNTY OF RENSSELAER) CITYOFTROY ) ~~\ I ~ - a_ ~ •S .r Peingduly sWom, deposes and says that he is the applicant herein and he has .read the fo.tego.ing application andkitows the content theteo~ that t:}le same is ttuetD lhekn~oflhedepooeot. ~ . · A caris . Swom to Before Me this {S dayofO~-\-ob-u- 2015 NOTARY PUBLIC OR COMMISSIONER OF DEEDS SHARON L MARTIN Notary Public, State of New York No. 01 MA6259302 Qualified in Rensselaer County Commission Expires April 09, 2016 880059 Sixth Ave Baptist Church Property Address 3370 6th Ave Account# 1308230 Troy, NY 12180 Tax Map# 90.55-3-1 Payment Due Delinquent Taxes (City /County/Library) Principal Delinquent School Taxes _Principal $16,834.65 Relevies _2012 Civil Penalties $ 477.00 2013 Water/Sewer $ 181.02 Sub Total $ 17,492.67 Delinquent Taxes (City /County) Interest $ Delinquent Taxes {School) Interest $ 9,595.75 Sub Total $ 9,595.75 Adv Fee $ 10.00 Delinquent Water (with interest) (For Treasurers Office) $ 321.26 Sub Total $ 331.26 Total $ 27,419.68 Reconveyance Fee $ 235.00 Advertising Fee $ 25.00 Assessors Fee $ 300.00 Legal Fees $ 150.00 Closing Fees $ 400.00 Sub Total $ 1,110.00 Rensselaer County Filing Fees Transfer Gains ($4.00 per $1000.00) $ 108.00 Filing Fee $ 45.00 $5.00 per page of deed to be filed (X3) $ 15.00 TP584 $ 5.00 RP5217 $125.00 or $250.00 $ 125.00 (100-299 or 411C are $125.00 all other classes are $250.00) Sub Total (For Rens. Cnty Clerks Office) $ 298.00 TOTAL DUE BY 10/7/15 $ 28,827.68 $ RPS Version 4- [Snapshot, Group- Assessor, Name- Waugha] .:.:~ File View Toolbar Help tt ~ ~ 1llil I~ ~ ~ ~I 0 Iii • 1'1 i!i1 ~ 381700 Troy Active R/S:8 School: Enlarged Troy I City of Troy.BB0059 Roll Year: 12016 Next Yr Religious Land AV: 8.500 3370 Sixth Ave Land Size: 0.16 acres TotaiAV: 350.000 Owner Total: 1 Site Total: 1 Name: City of Troy.BB0059 Procls: Nbhd Cd: Sewer: Water: Utilities: AddiAddr: Religious 17004 Comm/pul Comm/puGas &: ele Street: 433 River St Ste 5001 PO Box: City: Troy. NY Zip: 12180- Taxable Value Miscellaneous Land Total: 1 County: 0 Book: 7586 Type: FF: Depth: Acres: Sqft: Muni: 0 Page: 66 Primary 72.00 103.00 0.16 0 School: 0 Mortg: Village: 0 Bank: Schl after Star: 0 Acct No: 1308230 Sale Total: 1 Building: 1 Section: 1 Total: 1 Book Page Sale Date Sale Price Owner Boeck Model: Church, 1 stv Ela Stories: 1 7586 66 09/03115 1 Citl' of Tro10 EffYrBuilt: 1980 WaliA%: 100 Gross Floor: 5004 Wall B%: 0 Bldg Perim: 318 Wall C%: 0 Exemption Improvement Total: 0 Total 1 Term Own Type Name Dim1 Dim2 SQFT Yr Built Code Amount Year Pet 21600 CHURCH/PAR 350.000 0 0 Special District Total: 1 Value/ Code Units Pet Type Move Tax PL017 Troy Public li .00 .00 .00 Double dick to open a window SCHEDULE "A" ALL Those Certain Tracts, Pieces, Lots or Parcels of Land, together with improvements thereon, if any hereinafter, each being situate in the City of Troy, County of Rensselaer, State of New York: Ward & Plate: 1308230.3370 Sixth Ave. Frontage and depth: 72 x 103 being a portion of the same premises described in Book 7586 of Deeds at Page 66 in the Rensselaer County Clerk's Office and being the same premises in the 2015 City of Troy Assessment Rolls as Tax Map Number 90.55-3-1 In Rem Serial No. BB0059 (Sixth A venue Baptist Church) ~~~r: I 57.5 57.5 GRACE COURT 49-35 I fR lANDS OF KELLY & BRODERICK 6-13 I 103(8) 58 I I 27 I 2s so I 25 34 I I 1 . tn A"enue ~ ~ I3 41 I I Sl'l< I aapt1st cnurch 92(s) ....~ 2 I f 5 6 7 I~ I ...~ 33. 94.48 91.51 ~ ~ I I I (1 J (2) l (3) ( L/) (7)1 (5) (6) l I 90 32 58 I 21 sol 25 25 341 I 143.25 61(8) !e 'iii' .t ~ ('ol LANDS Of K£11Yt53(8)& BRODERICK 6-13 8.2· I r 148.80 ------ ('. I"") .-:s 8.1 t'i· ~~ 265 ~ 31 re I 151.3 . 2ss GAR£.l 71.5 60 0 @ ""; ..... @ ® t") 9 ~ I 2 3 LANDS OF RUSSELL DBK 153 PG. 181 137.5 29. (1) 154.69 (2 ) ('ol 130 148.5 I ~ ... 151.33 \ t=------:..=~-,____;.;:J..-.:=--.- 181.33 ·(3) 28 ('ol ( 4) 30 :i('ol - - - - I (1) (2) I~ • t - - - 71.5 nc 159(8} - - - - - - - - - - ORD.#97 ORDINANCE AUTHORIZING AND DIRECTING THE RECONVEYANCE OF CITY-OWNED REAL PROPERTY The City ofTroy, in City Council, convened, ordains as follows: Section 1. Pursuant to Section 83-5 of the Troy Code, the Bureau of Surplus Property accepted applications for the reconveyance of city-owned property within one month of the first newspaper advertisement of the sale of said city-owned property, which is located at 100 Ida Street and identified as Tax Map SBL No. 112.21-9-3. Section 2. The Mayor is hereby authorized to sell and reconvey the hereinafter described real property to the following named purchaser for the sum below indicated which is hereby determined to be a fair price for the same without the competitive bidding and upon the terms and conditions set forth below. Section 3. The Mayor is hereby empowered to execute and deliver to the said applicant a quitclaim deed conveying said premises thereinafter described, but said conveyance is to be made expressly subject to the conditions hereinafter set forth. Section 4. The purchaser, purchase price and terms and conditions of sale are as follows: PURCHASER- CATHERINE NICHOLS PURCHASE PRICE- $11,194.85 for Parcel No. 112.21-9-3. TERMS AND CONDITIONS: Purchaser submitted a check to City of Troy on October 6, 2015 for the full amount of purchase price and paid all filing and recording fees related to the filing and recording of the deed with the Rensselaer County Clerk. Section 5. This Ordinance shall take effect immediately. Approved as to form, October 8, 2015 Ian H. Silverman, Esq., Corporation Counsel no THECITYOF Assessor's Office Phone (518) 279-7165 VERIFICATION FORM OF PAID RECONVEYANCE REQUEST Date: 10/7/2015 Council Approval Date: Ordinance# Series #880042_ Property Location: 100 Ida St. SBL#: . 112.21-9-3 ·Ward & Plate#: 1101970 · PerspeGtive Owner(s): Catherine Nichols (deceased) James Nichols Tel#: 892-7051 Mailing Address: 100 Ida St. Troy, NY 12180 $ 10,034.85 8ackTaxes - $ 0.00 Delinquent Water $ 75.00 Advertising Fee $ 150.00 Legal Fee $ 235.00 Reconveyance Fee $ 300.00 Assessor Fee $ 400.00 Closing Fee $ 11, 194~85 TOTAL PAID: CHECK PAYABLE TO THE CITY OF TROY ************************************************************************************************ Recording Fees: $ 230.00 Held in the Assessor's Office This is to affirm that: Catherine Nichols (deceased) James Nichols the person(s) notated above, have paid all monies.due** at this time, enabling them to schedule the closing of their pe~pective property. (copies of documentation attached) Signed: Title: Assessment Clerk Scheduled Closing: Date: Time: ------------------------- **If scheduled Closing takes place later than proposed time limit, it may be necessary to collect more pro-rated taxes, consult Assessors' Office. BB0042 Catherine Nichols Property Address 100 Ida St Account# 1101970 Troy, NY 12180 Tax Map# 112.21-~-3 Payment Due Delinquent Taxes {City /County/library) Principal $ 4,198.01 · Delinquent SChool Taxes _Principal $ 2,869.33 Recycling Sub.Totaf $ 7,067.34 Delinquent Taxes {City /County) Interest $ 1,990.32 Delinquent Taxes {School) Interest $ 9n.19 Interest on Delg Recycling Sub Total $ 2,967.51 AdvFee · . $ 50.00 Delinquent Water {With interest~ (For Treasure~ Oflice) SubTotal $ so.oo Total $ 10,084.85 Reconveyance Fee $ 235.00 Advertising Fee· $ 25.00 Assessors Fee $ 300.00 Legal Fees $ 150.00 · Closing. Fees $ 400.00 SubTotal $ 1,110.00 Rensselaer County Filing Fees Transfer Gains ($4.00 ~r $1.000.00) $ 40.00 Filing Fee $ 45.00 $5.00 per page of deed to be filed {X3) $ 15.00 TP584 $ 5.00 · RP52·17 $125.00 Or $250.00 .$ 125.00 {100-299 or411C are $125.00 all other classes are $250.00) ·• Sub Tota~ (For Rel'!s. Cnty Clerks. Office) $ 230.00 TOTAL DUE BY 10n/15 $ 11,424.85 Date: Reviewed By: City Comptroller/Deputy Comptroller 'Property Address (b ~ 7=-,o,q. '5 ~ Status of-4\.pplicant to Owner who was foreclosed on: fo·f' . Wl(.R- " tv 1\t..f. IS.. . lienor, (If lienor, type of lien): · · C14f h~B 'h'~ N ,cfy,l5 Within one {1) month after the beginoiog of the application period, the app~t shall subtnit.a ch:ily writteo. certificate o.r certified search of the County Clerk or Clerk of any Sitttogate's or other Court of Record, o.r by the duly written eettificate, cettified search of title xepo~ of any title insuranct; abstract or searching company o.r attomey attesting that the applicant for such conveyance was on the date .of the filing of the Jist (09 /03/2015) of delinquent taxes such owp.er, ~~r or en~mncer:of recotd and listing any liens or e.acumhmnce8 ofrecord as of that date. In the event that the estate, lien or "interest of the applicant shaU have been derived by .reason of the death of the owner, lienor or encutnb.t:mcer ofrecord of or against such lands, .real estate and .teal property on the date of the .fUigg of the Jist of delinquent taxes, and such derived estate, lien or .interest of the ~pplicant shaU not appear of.record, proof of-such fucts as shall be sufficient fD attest to the derivation of such estate, lien or interest shall be made by affidavit of the applicant or other persons having .infonnation with relation theretn. · · , hereby state that I~ the fotmet owner (lienor) of _ _.::;.[_6>_...;;.0__._?.=-·::;.:10;....;.::4_ __,5o::;....;...~----------- and that I have not . accepted o.r agteedto accept any consideration o.r other assistance for making this application in retut:o. for a promise o.r agreement fD convey, trarisfer or assign my right, tide and intetestin the Jands fD be conveyed DATED: STATE. OF NEW YOR.Iq COUNIY OF RENSSELAER) CITY OF 'IROY ) _.:::j~{LVVl~€0---=-_N_\_cltt_o__;;:;\s'----_____Peing c:fulyswom. deposes and says that he is the applicant herein and he has .read the foregoing applica.tion and knows the content thereot: that the same is true to the knowledge of the deponent · · · .. . ~ V\u\c2= Swom to Before M~.!P.is/"\.....1" 1_,. __ &tHL. dayof PWvu:..r 2015 - .bQM..QQ c_~ NOTARYPUBUC ORCO~ 0FJ5EEDS OENEE C ZEIGLER NOTARY PUBLIC-STATE OF NEW YORK No. 01 ZE6299354 Qualified In Rensselaer County My Commission Expires March 24, 2018 48 RPS Version 4 - [Snapshot, Group -Assessor, Name- Waugha] ..:.:~ File View Toolbar Help tt ~ lit:! lUl I~ ~ ~ ~I 0 II • liG iii! 'i> 381700 Troy Active R/S: 1 School: Enlarged Troy I City of Troy .B B0042 Roll Year: 12016 Next Yr 2 Family Res LandAV: 6.300 100 Ida St Land Size: 0.04 acres Total AV: 63.000 Owner Totat 1 Site Total: 1 Name: City of Troy.BB0042 Procls: Nbhd Cd: Sewer: Water: Utilities: AddiAddr: 2 Family R1 17500 Comm/pul Comm/pulias & ele Street: 433 River St Ste 5001 PO Box: City: Troy. NY Zip: 12180- Taxable Value Miscellaneous land Total: 1 County: 63.000 Book: 7586 Type: FF: Depth: Acres: Sqft: Muni: 63.000 Page: 66 Primary 26.00 75.00 0.04 0 School: 63.000 Mortg: Bank: Schl after Star: 63.000 Acct No: 1101970 Sale Total: 1 Building Total: 1 Book Page Sale Date Sale Price Owner Bldstyle:08 Did style ExtWall: 03 7586 66 09/03/15 1 City of Troy Sfla: 1856 Yr Built: 1890 Baths: 2 1/2 Baths: 0 EffYrblt: 0 Beds: 4 Cond: Normal Exemption Totat 0 Improvement Total: 3 Term Own Type Name Code Amount Dim1 Dim2 SQFT Yr Built Year Pet LPG Patio-asphll 20.00 20.00 400.001890 RP4 Porch-encl: 11.00 12.00 132.001890 RP8 Porch-up e 11.00 12.00 132.001890 Special District Total: 2 Value I Code Units Pet Type Move Tax PL017 Troy Public Li .00 .00 .00 RECY1 Recycling 2.00 .00 .00 Double dick to open a window ~ ~ ··l· ~ ·--1 '---=-- A~ SCHEDULE "A" ALL Those Certain Tracts, Pieces, Lots or Parcels of Land, together with improvements thereon, if any hereinafter, each being situate in the City of Troy, County of Rensselaer, State of New York: Ward & Plate: 1101970.100Ida st. Frontage and depth: 26 X 75 being a portion of the same· premises described in Book 7586 of Deeds at Page 66 in the Rensselaer County Clerk's Office and being the same premises in the 2015 City of Troy Assessment Rolls as Tax Map Number 112.21-9-3 In Rem Serial No. BB0042 (Catherine Nichols) ~ • ~ I SL co .N .\0. (VE:) z w co oc:t . (.9E:) a::: N a:::· ~ co .N .~ ~(9E:) C'l·(LE:) • 0 1'- • " • (8E:) r r • CJ) N " • • • t') ('\ co• C'i ' - • • ORD.#98 ORDINANCE AUTHORIZING AND DIRECTING THE RECONVEYANCE OF CITY-OWNED REAL PROPERTY The City of Troy, in City Council, convened, ordains as follows: Section 1. Pursuant to Section 83-5 of the Troy Code, the Bureau of Surplus Property accepted applications for the reconveyance of city-owned property within one month of the first newspaper advertisement ofthe sale of said city-owned property, which is located at 1201 Hutton Street and identified as Tax Map SBL No. 101.39-2-1. Section 2. The Mayor is hereby authorized to sell and reconvey the hereinafter described real property to the following named purchaser for the sum below indicated which is hereby determined to be a fair price for the same without the competitive bidding and upon the terms and conditions set forth below. Section 3. The Mayor is hereby empowered to execute and deliver to the said applicant a quitclaim deed conveying said premises thereinafter described, but said conveyance is to be made expressly subject to the conditions hereinafter set forth. Section 4. The purchaser, purchase price and terms and conditions of sale are as follows: PURCHASER- DENA SATHER & TRACY OATHOUT PURCHASE PRICE- $15,544.04 for Parcel No. 101.39-2-1. TERMS AND CONDITIONS: Purchaser submitted a check to City of Troy on October 6, 2015 for the full amount of purchase price and paid all filing and recording fees related to the filing and recording of the deed with the Rensselaer County Clerk. Section 5. This Ordinance shall take effect immediately. Approved as to form, October 8, 2015 Jan H. Silverman, Esq., Corporation Counsel no THECITYOF Assessor's Office Phone(518)279-7165 VERIFICATION FORM OF PAID RECONVEYANCE REQUEST Date: 10/7/2015 Council Approval Date: Ordinance# Series #880025 Property Location: 1201 Hutton St. SBL#: 101.39-2-1 Ward & Plate#: 0702880 Perspective Owner(s): Dena Sather & Tracy Oathout Tel#: 590-9744 Mailing Address: 1201 Hutton St. Troy, NY 12180 $ 14,404.04 Back Taxes $ 0.00 Delinquent Water $ 55.00 Advertising Fee $ 150.00 Legal Fee $ 235.00 Reconveyance Fee $ 300.00 Assessor Fee $ 400.00 Closing Fee $ 15,544.04 TOTAL PAID: CHECK PAYABLE TO THE CITY OF TROY ************************************************************************************************ Recording Fees: $ 250.00 Held in the Assessor's Office This is to affirm that: Dena Sather & Tracy Oathout the person(s) notated above, have paid all monies due** at this time, enabling them to schedule the closing of their perspective property. (copies of documentation attached) Signed: Title: Assessment Clerk Scheduled Closing: Date: Time: ------------------------- **If scheduled Closing takes place later than proposed time limit, it may be necessary to collect more pro-rated taxes, consult Assessors' Office. 'Property Address I ;;_ c..9 ·' /f u. " -1- o w .s 1 . -f /0}7 Status ofApplicant to Owner who was foreclosed on: lienor, (If lienor, type oflien): Within one (1) month after the beginning of the application period, the applicant shaJI submit a duly written .certificate or certified search of the County Clerk or Clerk of any Suo:ogate's·<>r'other Court of Record, or by the duly written certificate, certifi.ed.search of tide report of any title insuranc~ abstract or searching c:Ompany or a~orney attesting that th~ applicant for such conveyance was on the date.of the filing of the list (09/03 /2015) of delinquent taxes such owner, li<:Uo.t or encutnbrancer of record and listing any liens or encumbrances of record as of that date. In the event that the estate, lien or interest of the appliCa.nt shall have been derived by .reason of the death of the owner, lienor or encumbrancer of record of or against such lands, real estate and real property on the date of the .tiling of the list of delinquent mxes, and such derived estate, lien or .interest of the applicant shaJI not appear of record, proof of such facts as shaJI be sufficient to attest to the de.rivation of such estate, lien or interest shall be made by affida~t ~fJhe applicant or other persons having .information with relation thereto. /)e!V/1- S'A-/Ite r ~-~~ ~~smrefuathmfuefo=owntt Qieno.t) o f - - - - - - - - - - - - - - - - - - - - - - - and thatihavenot accepted or agreed to accept any consideration ot other assistru.iee for making this application in retum for a p.to.tnise or agreement to convey, transfer or assign my right, ti~ and interest in the lands to. be conveyed '. ..... . .. . - . . . ,• -..::~. . . . -· .. ~ DA'IED: STATE OF NEW YORK) COUNIY OF RENSSELAER) CITY OF '!ROY ) JlA<'~ 6<./411):, . tfxxn ~ )>eingdulyswom, deposes and says that . rfu . .· he is fuapplicant herein and he~ the foregoing applicuion and !mows the~~ same is ttue to the knowledge of the deponent ~ pp can:.USJgrulture - . · . .:~.: :·.-:'· 880025 Dena Sather & Tracy Oathout Property Address 1201 Hutton St Account# 0702880 Troy, NY 12180 Tax Map# 101.39-2-1 Payment Due Delinquent Taxes (City /County/Library) Principal $ 3,889.13 Delinquent School Taxes _Principal $ 6,401.15 Recycling $ 58.00 Sub Total $ 10,348.28 Delinquent Taxes (City /County) Interest $ 761.14 Delinquent Taxes (School) Interest $ 3,274.32 Interest on Delq Recycling $ 20.30 Sub Total $ 4,055.76 Adv Fee $ 30.00 Delinquent Water (with interest) (For Treasurers Office) $ 557.67 Sub Total $ 587.67 Total $ 14,991.71 Reconveyance Fee $ 235.00 Advertising Fee· $ 25.00 Assessors Fee $ 300.00 Legal Fees $ 150.00 Closing Fees $ 400.00 Sub Total $ 1,110.00 Rensselaer County Filing Fees Transfer Gains ($4.00 per $1000.00) $ 60.00 Filing Fee $ 45.00 $5.00 per page of deed to be filed (X3) $ 15.00 TP584 $ 5.00 RP5217 $125.00 or $250.00 $ 125.00 (100-299 or411C are $125.00 all other classes are $250.00) Sub Total (For Rens. Cnty Clerks Office) $ 250.00 TOTAL DUE BY 10/7/15 $ 16,351.71 :cH8C'R':1 (Madei>titto:As~~~i6r~)·~.,:.;: ; ; ·.:: . < -••· ·. :?.•..·._;. . . ·· $ . :t§:~s_._•.. :_•.~_· .·-'_.4_._.:_._-~_o_·_,-_._4_·_._:.:.-_· ~- .•_._•• ··¢·ffl~.¢~·.;.-g.i(:~ci~~iJ{ti+r;~sbf.~:~:>:\N·/···{•• . _· · :..• ;·_.·;._• .-: ., .,,· .· :· · · · ·• •· .· ··:;-_······-·····.:····.···._.$:•·.:_. •.:: .'•·•· , •·, '557-i 6·7 ci-I,Ect<·;_-~-(~~d~"tiii~-~~~;~(),~~~prl·~c;,~;~)· ·.· -.· ·. ·• <> ~ . : . .; ·. •. $ }-·.~~-a,Lo9:i Prepared by /~ ~. Date: Reviewed By: City Comptroller/Deputy Comptroller File Edit View Toolbar Window Help . . 'WIZ Ill ~ ~ !iii! I~ ~ ~ ~I 0 • v ~I@ ITil I6J B 't? 381700 Troy Active R/S: 1 School: Enlarged Troy Roll Year. 12016 Next Yr 2 Family Res Land AV: 9.600 Land Size: 0.09 acres TotaiAV: 119.000 Prop Class: ::iJ Desc1:12.5 Sty Fr Hse Ownership Code: I ::iJ Desc 2: l450c-4/80 \r/1/2 81 Roll Section: i:I1---:T::-a-x-a:-;bl;-e----::i]= ... Desc3: RoU Subsection: I School Code: li-:::3""'81::-:7:::0~0:--:E::-n-:-la-r-qe-d-:-::T-ro-II-;C::-OiJ-:-:..,.,-, g~~~trint lP =Print on Roll & Bill Dascription Owner(s) Cons. Schook I :::!] Land Com Code: I Images Easement Code: I ::iJ Land Com Year: r- Gis AIIocation Factor: I .0000 Ag District: r Ag Dist No: Site (1) Res Appraisal No: r-- Arrears: r SSI Recipient:r ·····LJ Land(s) Date Last Phy lnsp: I 07/08/2011 ·····L:J Bldg ·····LJ lmprvmt(s) ·····LJ Valuation ·····LJ Notes Run RPS440 Edits:~ Major Type:A SaleOS/03/15 Tota110 RoiiYears: SaleOB/11 /06 Roll Yr Prop Class Roll Section Owner Code Sale03/08/06 Sale11 /03/00 2015 2 Family Res Taxable ~ Click on folder to Open 'Nindow SCHEDULE "A" ALL Those Certain Tracts, Pieces, Lots or Parcels of Land, together with improvements thereon, if any hereinafter, each being situate in the City of Troy, County of Rensselaer, State of New York: Ward & Plate: 0702880.1201 Hutton St. Frontage and depth: 37.50 x 100.00 being the same premises described in Book 3667 of Deeds at Page 239 in the Rensselaer County Clerk's Office and being the same premises in the 2006 City of Troy Assessment Rolls as Tax Map Number 101.39-2-1 In Rem Serial No. BB0025 (Dena Sather and Tracy Oathout) ~ _, .,v I .()'\(63) I 0> _.J_ 0 I I - /\: z • ~ (80) I 5 (") ~ (81) ~ :::c •CJI . !') (82) (83) (84) (85) - -~ 1\J ~~--------~~- ,) (86) , ORD#99 ORDINANCE AUTHORIZING AND DIRECTING THE RECONVEYANCE OF CITY-OWNED REAL PROPERTY The City of Troy, in City Council, convened, ordains as follows: Section 1. Pursuant to Section 83-5 ofthe Troy Code, the Bureau of Surplus Property accepted applications for the reconveyance of city-owned property within one month of the first newspaper advertisement of the sale of said city-owned property, which is located at 36 1091h Street and identified as Tax Map SBL No. 80.79-7-3 Section 2. The Mayor is hereby authorized to sell and reconvey the hereinafter described real property to the following named purchaser for the sum below indicated which is hereby determined to be a fair price for the same without the competitive bidding and upon the terms and conditions set forth below. Section 3. The Mayor is hereby empowered to execute and deliver to the said applicant a quitclaim deed conveying said premises thereinafter described, but said conveyance is to be made expressly subject to the conditions hereinafter set forth. Section 4. The purchaser, purchase price and terms and conditions of sale are as follows: PURCHASER- SIXTH AVENUE BAPTIST CHURCH PURCHASE PRICE- $0.00 for Parcel No. 80.79-7-3 TERMS AND CONDITIONS: Purchaser submitted a check to City of Troy on October 7, 2015 for the full amount of purchase price and paid all filing and recording fees related to the filing and recording of the deed with the Rensselaer County Clerk. ORD # 102 ORDINANCE AMENDING THE 2015 CITY BUDGET TO TRANSFER FUNDS WITHIN THEWATER AND SEWER FUND BUDGET LINES The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2015 WATER AND SEWER FUND budgets is herein amended and set forth in Schedule A entitled: November 2015 Budget Amendment which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form October 15, 2015 Ian H. Silverman, Corporation Counsel ORD # 102 MEMO IN SUPPORT Title: Ordinance amending the 2015 Water and Sewer Fund Budget appropriations. Summary of Provisions: This legislation is being initiated by the Administration and will transfer funds from certain accounts to other accounts where the original budget allocations now appear to be insufficient. Present Law: N/A Purpose: The administration begins the process of building a budget the summer before the budget is due. The administration files the budget on October 1st and the City Council passes the budget in December. The several hundred expense categories contained in the 2015 budget are estimates of those expenses made in 2014 for 2015. It is now deemed that certain allocations need to be increased to cover unanticipated expenses. Other budget lines will be adjusted to compensate for these increases. Overall Budget Fiscal Impact: None. RES.#69 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A MUTUAL AGREEMENT WITH ENERGY IMPROVEMENT CORPORATION ("EIC") WHEREAS, EIC is a local development corporation duly formed under Section 1411 of the Not-For- Profit Corporation Law of the State of New York, for the purpose of promoting, facilitating and financing energy audits and renewable energy system feasibility studies, energy efficiency improvements and alternative or renewable energy generating systems (as such terms are defined in Section 119-ff of the General Municipal Law of the State ofNew York) (collectively, the "Energy Improvements") on properties within its Participating Municipalities, thereby promoting the public good by reducing greenhouse gas emissions, mitigating the effect of global climate change and lessening the burdens of government; and WHEREAS, the City of Troy has established by local law adopted on October 1, 2015, pursuant to Article 5-L of the General Municipal Law of the State ofNew York, a sustainable energy loan program for the issuance of financing to the owners of real property located within the City of Troy to finance Energy Improvements, and have authorized EIC to act on behalf of the Participating Municipality to carry out the Program through, among other things, the issuance of financing to property owners within the City of Troy, and have met the minimum criteria established by EIC to admit new Participating Municipalities; and NOW THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the Mayor to enter into a municipal agreement with EIC and said municipal agreement will be in substantial compliance with the agreement attached hereto and made a part hereof. Approved as to form, October 6, 2015 Ian H. Silverman, Esq., Corporation Counsel ENERGYIMPROVEMENTCORPORATION MUNICIPAL AGREEMENT This Agreement made as of this_ day of , 20_ (the "Agreement"), by and between the City of Troy, NY (the "Municipality") and the Energy Improvement Corporation ("EIC") (both the Municipality and EIC may hereinafter be referred to individually as a "Party" and collectively as the "Parties"), sets forth the duties and obligations of each Party in connection with the Municipality's participation in the Energize New York Benefit Finance Program (the "Program"). WHEREAS, EIC is a local development corporation duly formed under Section 1411 of the Not-For-Profit Corporation Law of the State ofNew York, for the purpose of promoting, facilitating and financing energy audits and renewable energy system feasibility studies, energy efficiency improvements and alternative or renewable energy generating systems (as such terms are defmed in Section 119-ff of the General Municipal Law ofthe State ofNew York) (collectively, the "Energy Improvements") on properties within its Participating Municipalities (as defined below), thereby promoting the public good by reducing greenhouse gas emissions, mitigating the effect of global climate change and lessening the burdens of government; and WHEREAS, Participating Municipalities are those municipalities within the State of New York that have established by local law, pursuant to Article 5-L of the General Municipal Law ofthe State ofNew York, a sustainable energy loan program for the issuance of financing to the owners of real property located within the Participating Municipality to finance Energy Improvements, and have authorized EIC to act on behalf of the Participating Municipality to carry out the Program through, among other things, the issuance of financing to property owners within such Participating Municipality, and have met the minimum criteria established by EIC to admit new Participating Municipalities; and WHEREAS, the Municipality adopted Local Law 1 on October 1, 2015, pursuant to Article 5-L of the General Municipal Law of the State ofNew York, which Local Law also authorized EIC to act on its behalf in carrying out its Program; Now, THEREFORE, in consideration of the mutual promises contained in this Agreement, the Parties agree as follows: 1. Duties ofEIC It is understood by the Parties that EIC will be responsible for the performance of the following duties: 2/21/13 a) Receive and review applications submitted by property owners within the Municipality for financing of Energy Improvements ("Property Owner(s)"), and approve or disapprove such applications in accordance with underwriting procedures and requirements established by EIC. b) Review the applications, energy assessments and scopes of work prepared for and by the Property Owners to establish the amount of financings to be approved pursuant to the requirements of the Program. c) Execute finance agreements (the "Finance Agreement") by and between EIC (on behalf of the Municipality) and the Property Owners for financing of Energy Improvements, which shall set forth the terms and conditions for the disbursement and repayment of financing and the duties and obligations of each Property Owner and EIC with respect to the acquisition, construction and installation of Energy Improvements (upon execution of the Finance Agreement by the Property Owner and EIC, the property that is the subject of the Finance Agreement shall be deemed a "Benefited Property"). Copies of all executed Finance Agreements for all Benefited Properties within the Municipality shall be provided to the Municipality by EIC upon execution. d) Receive and review the certificates of completion submitted by the Property Owners of Benefited Properties (or the contractor hired by the owner of a Benefited Property) following installation or construction of Energy Improvements on such Benefited Property, and disburse funds to the Property Owner of the Benefited Property or his/her/its agent upon approval of such certificate in accordance with the terms of the Finance Agreement and the Program. e) Deliver to the Municipality an annual report (the "Annual Report") three months prior to when Municipal Taxes are due which shall contain information related to each Benefited Property within the Municipality through the end of the immediately preceding calendar year, including: 1. A list of each newly approved Benefited Property for which the Property Owner or previous Property Owner of the Benefited Property executed a Finance Agreement within the annual time period covered by such report (for which a charge shall be added by the Municipality to its tax rolls in accordance with Paragraph 2b below). All Benefited Properties shall be identified in the Annual Report by address and Tax Map Identification (i.e. section, block and lot); n. A list of each existing Benefited Property for which the Property Owner or previous Property Owner of such Benefited Property executed a Finance Agreement. All Benefited Properties shall be 2/21/13 2 identified in the Annual Report by address and Tax Map Identification (i.e. section, block and lot); 111. A list of each Benefited Property within the Municipality where all obligations under the Finance Agreement have been satisfied or paid in full during the calendar year including the satisfaction date and a copy of the notice of satisfaction; IV. For each non-satisfied Benefited Property (including each newly approved Benefited Property): a. the date of the Financing Agreement, b. the notional amount of the financing, c. the total principal balance and accrued interest outstanding, d. the annual payment due to EIC (which shall include principal and accrued interest) associated with such Benefited Property (including the amount of accrued interest on the initial payment, if different); v. the total annual payment due to EIC from all Benefited Properties in the Participating Municipality (which shall include principal and accrued interest), which shall be paid by the Municipality within thirty (30) days of the date upon which payment is due to the Municipality as part of the municipal tax bill in accordance with Paragraph 2(c) and the balance of any delinquent charge payment reported by the Municipality during the term of the Financing Agreement pursuant to Paragraph 2(d) and; VI. All other information EIC may deem to be relevant to each Benefited Property within the Municipality. f) Create an account (the "EIC Trust Account") held by a trustee that will accept payments from the Municipality made in accordance with Paragraph 2(d) below, and create a separate account (the "EIC Administrative Fee Account") to receive the transfer of those funds deposited within the EIC Trust Account that constitute payment ofEIC administrative fees; g) Provide customer service by telephone to the Municipality during the hours of 9:00 a.m. through 5:00p.m. Monday through Friday, Eastern Standard Time, excluding state and federal holidays; h) Upon EIC's receipt of payment in full under a particular Finance Agreement, send a letter of satisfaction by email to the Municipality notifying it that such Property Owner or subsequent owner of the Benefited Property has satisfied his/her/its obligations under the terms of the Financing Agreement; 2/21/13 3 2. Duties of the Municipality It is understood by the Parties that the Municipality will be responsible for the performance of the following duties: a) Maintain copies received from EIC of each Finance Agreement for a Benefited Property throughout the term of the Finance Agreement relating to such Benefited Property, which shall be maintained until all obligations of the owner of such Benefited Property that are set forth in the Finance Agreement have been satisfied. b) Within thirty (30) days of receipt of the Annual Report, add a charge to its tax rolls for each newly approved Benefited Property listed therein, and include such charge in the next ensuing tax levy so that such charge shall be included on and due in the same manner and at the same time and in the same installments as the municipal taxes on real property are due within the Municipality and shall become delinquent at the same times, shall bear the same penalties and interest after delinquency, and shall be subject to the same provisions for redemption and sale as the general municipal taxes on real property of the Municipality. c) Within thirty (30) days of the due date of the municipal taxes, including the charge pursuant to a Finance Agreement, remit payment to the EIC Trust Account in the amount equaling the total annual payments due to EIC from each Benefited Property within the Municipality, regardless of whether the Municipality actually has received such payments from the owner of the Benefited Property. Failure to deliver payments to EIC would be considered an event of default hereunder. d) Deliver to EIC an annual delinquency report (the "Delinquency Report") no later than (90) days after the due date for the municipal taxes, including the charge, which shall: (i) list each Benefited Property that is delinquent in charge payments owed for such Benefited Property, (ii) provide the amount owed to the Municipality by the owner of such Benefited Property (including penalties and interest on delinquent charge payments), and (iii) outline the steps taken or to be taken and progress made in recovering delinquent charge payments from the owner of such Benefited Property. e) Make all reasonable efforts to assist EIC in carrying out the Program within the Municipality. 3. Program Modification The Municipality may modify the Program by limiting the types of properties which may receive financing for Energy Improvements and/or the amount of fmancing available within the Municipality. The Municipality shall provide written notice to 2/21/13 4 EIC of such proposed modification. The proposed modification shall only become effective upon written approval from EIC provided to the Municipality, which shall not be unreasonably withheld. Such approval shall have no effect on the duties and obligations owed by each Party hereto in connection with this Agreement and any Benefited Property for which a Finance Agreement was executed prior thereto. 4. Non- Payment a) Failure of a Participating Municipality to deliver payments to EIC within thirty (30) days of when due shall be considered an event of default and EIC shall be entitled to pursue any one or more of the remedies set forth below. b) No Participating Municipality shall be responsible for the deficient payment of another Participating Municipality. 5. Terms ofMembership The Municipality understands and agrees that membership in EIC is at the discretion of the Board of Directors of EIC and is conditional upon satisfying the membership criteria established by the EIC Board, as may be amended from time to time at the sole discretion ofthe Board, as well as compliance with the terms of the By-Laws of EIC. If a Participating Municipality's bond credit rating drops below "A" as rated by Standard and Poors and/or "A2" as rated by Moodys and/or "A" by Fitch Ratings Service, EIC will no longer provide financings to Properties within such Municipality. 6. Reserve Funds and Permanent Loss (a) EIC shall maintain one or more reserve funds (each a "Reserve Fund", collectively, the "Reserve Funds") to protect and compensate EIC, Participating Municipalities, lenders of funds to EIC, and other third parties approved by EIC against potential losses, including without limitation losses suffered by a Participating Municipality resulting from defaulted charge payments only in the event of a Permanent Loss (defined below) with respect to a Benefited Property. Certain Reserve Funds may be restricted in that they may only be used in conjunction with financings made to properties located within one or more designated Participating Municipalities. All Reserve Funds will be held at a bank or trust company located and authorized to do business in NYS. Reserve Funds will be invested in accordance with the investment guidelines approved by EIC (the "Investment Guidelines") as may be amended from time to time. (b) EIC reserves the right to refuse to make a fmancing to a property located within a Member Municipality in the event EIC determines, in its sole discretion, that there are inadequate reserve funds. (c) A loss shall not be deemed a permanent loss until the Participating Municipality has exhausted all remedies at law in an effort to collect the defaulted charge payments, including but not limited to the redemption and sale of the Benefited 2/21/13 5 Property where the proceeds are not sufficient to recover all amounts paid by the Municipality to EIC after the proceeds of such sale have been proportionately applied to all amounts owed to the Municipality at the time of such sale as a result of the non-payment of taxes ("Permanent Loss") . In order to collect from the Reserve Fund in the event of a Permanent Loss, the Municipality must provide EIC with all documentation as may be reasonably requested by EIC to document such Permanent Loss and must not be in default to EIC, including having made all payments to EIC when due. 7. Remedies Upon Default Should the Municipality default in any of its obligations hereunder, including but not limited to failure to make payments to EIC as required hereunder, EIC shall be entitled to any remedy it may have at law and as set forth below. EIC may utilize any one or all of these remedies at EIC's sole discretion. a) If the Municipality fails to make a required payment to EIC and the Municipality collects penalties or interest from the Property Owner for late payment, the Municipality shall pay to EIC all such penalties or interest attributable to the charge collected by the Municipality on behalf ofEIC. b) EIC shall have the right to discontinue providing any new fmancings to Properties located within the Municipality. c) EIC may suspend the Municipality's membership in EIC. 8. Formation; Authority Each Party represents and warrants to the other that it has complied with all laws and regulations concerning its organization, its existence and the transaction of its business and that all necessary steps have been taken to authorize it to execute, deliver and perform its respective obligations under this Agreement, and no consent or approval of any third party is required for either Party's execution of this Agreement or the performance of its obligations contained herein. The individual executing this Agreement on behalf of each Party has been and is duly authorized to bind his/her respective Party. 9 No Violation or Litigation The performance by each Party of its respective obligations contained in this Agreement will not and do not conflict with or result in a breach of or a default under any of the terms or provisions of any other agreement, contract, covenant or security instrument or any law, regulation or ordinance by which the Party is bound. There is no litigation, action, proceeding, investigation or other dispute pending or threatened against either Party which may impair its ability to perform its respective 2/21113 6 duties and obligations hereunder. 10. Notices Any and all notices, demands, or other communications required or desired to be given hereunder by either Party shall be delivered electronically and in writing by certified mail, return receipt requested as follows: EIC: Thomas Bregman Energy Improvement Corporation 321 Bedford Rd, Bedford Hills, NY 10536 Joseph Del Sindaco Energy Improvement Corporation 321 Bedford Rd, Bedford Hills, NY 10536 Attention: Tom Bregman Joseph Del Sindaco E-mail: tom@energizeny.org Treasurer@energizeny.org With a copy to: James Staudt, Esq. McCullough, Goldberger & Staudt, LLP 1311 Mamaroneck Avenue, Suite 340 White Plains, N.Y. 10605 E-mail: j staudt@mgslawyers.com City ofTroy Mayor's Office 433 River Street Troy, NY 12180 With a copy to: Corporation Counsel 433 River Street Troy, NY 12180 2/21/13 7 Either Party hereto may change its address for purposes of this paragraph by providing written notice to the other party in the manner provided above. 11. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of New York. Any legal action to be brought under this Agreement must be instituted in State or Federal Courts having jurisdiction located in Westchester County, New York. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first written above. The Parties hereto agree that facsimile signatures shall be as effective as if originals. Date: _ _ _ _ _ _ , 20_ Energy Improvement Corporation By: ---------- PRINT NAME: Date: _ _ _ _ _ _, 20_ Municipality Name: _ _ _ _ _ __ By:_ _ _ _ _ _ _ _ _ _ _ __ 2/21/13 8 PRINT NAME: 2/21/13 9 RES# 70 RESOLUTION CONFIRMING SUSAN FARRELL'S APPOINTMENT TO THE TROY INDUSTRIAL DEVELOPMENT AUTHORITY (TROY IDA) WHEREAS, Chapter 43-A of the Consolidated Laws of New York State, "Public Authorities Law", created and established the Troy Industrial Development Authority, hereinafter, "the Troy IDA", and WHEREAS, the Troy IDA consist of a chairman and eight other members, all of whom are appointed by the Mayor of the City, subject to confirmation by the City Council, for a term of three (3) years, and shall include: two (2) members ofthe City Council of the City ofTroy; one (1) representative of the school board; and one (1) representative from each of the fields of business, industry and labor, and WHEREAS, a vacancy exists on the Troy IDA as a result of the departure ofthe Lisa Kyer, whose term expired; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City ofTroy hereby confirms Susan Farrell to the Troy IDA to replace Lisa Kyer for a three year term commencing immediately. Approved as to form, October 15, 2015 Ian H. Silverman, Esq., Corporation Counsel RES# 71 RESOLUTION APPOINTING COMMISSIONERS OF DEEDS FOR THE CITY OF TROY BE IT RESOLVED, that the City Council hereby appoints the following persons, as identified in the attached applications hereto and made a part hereof, Commissioners of Deeds for the City of Troy for a two-year term. Michael Parrow Sr. 301 Spiegletown Rd Troy, NY 12180 Approved as to form, October 16, 2015 Ian H. Silverman, Esq., Corporation Counsel RES#72 RESOLUTION AUTHORIZING THE EXECUTION OF A PAYMENT IN- LIEU OF TAX ("PILOT") AGREEMENT BY AND AMONG THE CITY OF TROY, MLK TROY HOUSING DEVELOPMENT FUND COMPANY, INC. AND MLK TROY ASSOCIATES LIMITED PARTNERSHIP WHEREAS, the City of Troy (the "City") desires to encourage a sufficient supply of adequate, safe and sanitary dwelling accommodations properly planned for persons with low income; and WHEREAS, MLK Troy Housing Development Fund Company, Inc., a to-be-formed Article XI New York private housing finance law corporation and a New York not-for-profit corporation (the "HDFC"), and MLK Troy Associates Limited Partnership, a New York limited partnership (the "Partnership"), have identified property located at Eddy's Lane, City of Troy, County of Rensselaer, State ofNewYork (Section 90, Block 55, Lot 7-1) (the "Land"), for the purpose of construction on the Land of a housing project for persons of low income, said project to consist of: (i) the acquisition of the Land; (ii) the construction thereon of forty six (46) units of housing for persons of low income, to be known as Martin Luther King Apartments Phase 1 (the "Improvements"); and (iii) the acquisition and installation therein and thereon of certain machinery, equipment, furniture, fixtures and other tangible personal property (the "Equipment", and collectively with the Land and the Improvements, the "Project"); and WHEREAS, the HDFC will be formed for the purpose of providing residential rental accommodations for persons of low-income; and WHEREAS, the HDFC will acq1,1ire fee title to the Land, as nominee for the Partnership, and will convey its equitable and beneficial interests in the Land to the Partnership in furtherance of the development of the Project; and WHEREAS, the HDFC's and the Partnership's plan for the use of the Land constitutes a "housing project" as that term is defined in the Private Housing Finance Law of the State of New York ("PHFL"); and WHEREAS, the HDFC is a "housing development fund company" as the term is defined in Section 572 of the PHFL and Section 577 of the PHFL authorizes the City Council to exempt the Project from real property taxes; and WHEREAS, the HDFC will be a co-general partner of the Partnership; and WHEREAS, the Partnership and the HDFC will be willing to enter into a PILOT Agreement whereby they will make annual payments in lieu of taxes to the City as set forth in the PILOT Agreement presented to the City Council for approval; NOW THEREFORE, BE IT RESOLVED that the City Council hereby exempt the Project from real property taxes to the extent authorized by Section 577 of the PHFL and approves the proposed PILOT Agreement by and among the City, the Partnership and the HDFC, in substantially the form presented at this meeting, providing for annual payments as set forth in such agreement; and it is RES#72 FURTHER RESOLVED, that the Mayor of the City is hereby authorized to execute and deliver the foregoing PILOT Agreement on behalf of the City; and it is FURTHER RESOLVED, that this resolution shall take effect immediately. Approved as to form, October 15,2015 Ian H. Silverman, Corporation Counsel 2

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