WEBVTT

1 "" (0)
00:00:00.000 --> 00:00:05.882
Market rate, housing.

2 "jspaeth@cityofutica.com" (115670016)
00:00:05.882 --> 00:00:37.080
Yeah, I think you know we worked a lot through the last couple of years with Paul and Lisa on what we're trying to achieve down there. I think, you know, as we got this kick started again, we had to 1st settle on a footprint which took a little bit of time. We've got the geo boring test done. We got the estimates done that are coming in between 420 and $480000 for the pilings. I know that you guys will be putting that out to an RFP and getting that.

3 "jspaeth@cityofutica.com" (115670016)
00:00:37.080 --> 00:01:08.177
Through your order's representation of ramble, obviously, but we've been doing some leg work on our end just to make sure that we're not talking out of school when we talk about pilings, foundations columns, there's some ground improvements that we have to do too, about 2 ft of pressure on in the new construction, so we've been putting all those numbers together, sharing them with Paul as they become available so you can capture all that. I don't know if he's on the call yet or not, but.

4 "Romano" (618581504)
00:01:08.177 --> 00:01:11.742
I'm gonna Yep.

5 "jspaeth@cityofutica.com" (115670016)
00:01:11.742 --> 00:01:28.850
So that's kind of the legwork we've done since the last time. I asked Ben and the board if we could pause on the I know that you guys were trying to have a meeting maybe two weeks after we last met. We just weren't, you know, from my end, we didn't have enough caught up with.

6 "jspaeth@cityofutica.com" (115670016)
00:01:28.850 --> 00:01:53.941
The letter of intent, and I didn't have enough legwork done on the site plan or, you know, the, the footprint itself. So I think that's this delay was on me nobody else. Sure nobody missed the internal meetings. So thank you. Thank you. Do you want to ask Bob? I think he's on now already. Bob you on?

7 "Lisa Nagle, EDR" (1196820480)
00:01:53.941 --> 00:01:56.719
Yeah, I think we're all here.

8 "7162****91" (432765696)
00:01:56.719 --> 00:01:58.961
Okay.

9 "jspaeth@cityofutica.com" (115670016)
00:01:58.961 --> 00:02:07.960
I think we're just whenever you send over the red line copy I think you you and Melanie obviously have that, correct?

10 "7162****91" (432765696)
00:02:07.960 --> 00:02:28.130
The. Yes, we, we got your, we got your your two letters of intent. Melly and I marked them up. We, we, you know, we sent them to the board. We we can send them to you too I didn't I don't know what the board wants to do here if the board wanted to walk through the LOI.

11 "7162****91" (432765696)
00:02:28.130 --> 00:02:51.740
Rob, we haven't shared our comments with you yet or if you wanted us, I mean, I'll take direction from the board. We can walk through today, or we can send our red lines back to Rob and, you know, he can respond. We didn't make we didn't have a ton of substantive changes. And then perhaps the next cut of one is where we could have more productive conversation with the board, whatever the board.

12 "7162****91" (432765696)
00:02:51.740 --> 00:03:06.882
Have to do. I, I believe at the last meeting you were interested in seeing then and working directly on the LOI, so you have you you I believe Allison handed out a red red lines of both the lois and we can walk through them if you want or not.

13 "jspaeth@cityofutica.com" (115670016)
00:03:06.882 --> 00:03:29.735
Yeah, why don't we send them back to you and to George for comment? Yeah cause George hasn't seen anything. I don't want to talk out of school. Yeah. Can you do that Bob? Send it out to Rob and his attorney his attorney, then you know maybe we'll have a final one to go over next board meeting. Could, could you send a red line? I didn't get a red line.

14 "Lisa Nagle, EDR" (1196820480)
00:03:29.735 --> 00:03:32.643
I got the LOI.

15 "jspaeth@cityofutica.com" (115670016)
00:03:32.643 --> 00:03:52.160
And my own question is that I I don't think that 20 days gives you much. Well, I think achieve all of these that's up to you. Thank you. So we've been going at this for five years 40.

16 "jspaeth@cityofutica.com" (115670016)
00:03:52.160 --> 00:04:08.400
1st five years, and then we all took the pause for obviously COVID and we were actually spending money all along the time here. So the geo boring tests, a lot of those elements that were in there were pulled out that don't pertain to us anymore, that did pertain to us.

17 "jspaeth@cityofutica.com" (115670016)
00:04:08.400 --> 00:04:27.299
When you guys are cleaning up the site and all that, so we pulled a lot of that out. I mean it's we're not nervous about it. You know, I think that we have, you know, we got our stuff in a row on our end with MBG, but I mean, I'll take another look at it though, to make sure that, you know, that's all good.

18 "jspaeth@cityofutica.com" (115670016)
00:04:27.299 --> 00:04:45.749
If necessary doesn't take total days. That, my understanding with Paul is you guys were driving that though before we get to that. Is that correct? Yeah, that's why I understood it, but it says securing all the necessary approvals the state of New.

19 "jspaeth@cityofutica.com" (115670016)
00:04:45.749 --> 00:05:05.749
Let me see an explainable approval is going to be a necessary component for purposes of this 2020 days after execution of the contract you're saying that you're gonna be satisfied. Well I mean that's just the letter of time, right? So then we got to go through the purchase agreement so that wouldn't be binding, obviously, I think what our.

20 "jspaeth@cityofutica.com" (115670016)
00:05:05.749 --> 00:05:29.659
My plan was is to move this down the line through the letter of ten, and I don't want to speak to you Bobby, I definitely just check ascertain in number seven whether you're satisfied with the contingency period. Okay, I mean we we've run into the contingency period with regards to the other transaction and I don't think we should go down the same whatever is deemed to be a reasonable period.

21 "jspaeth@cityofutica.com" (115670016)
00:05:29.659 --> 00:05:45.078
Yeah, and I thought you were gonna say a hundred and 20 days and that's in and of itself displayed, so just just look at that again. That was one of our comments. That that was.

22 "7162****91" (432765696)
00:05:45.078 --> 00:05:50.641
That was one of our comments, Rob of several. Hey, but quick question for Paul Romano.

23 "jspaeth@cityofutica.com" (115670016)
00:05:50.641 --> 00:06:03.379
I thought it was in the pack, is the. Go ahead. Go ahead.

24 "7162****91" (432765696)
00:06:03.379 --> 00:06:26.240
I have a, yeah, I have a question for Paul and Rob and and make sure the board understands this too. It's, it's it's unclear and we'll obviously try to clear it up in the next term, but this is important. The grant proceeds, though, assuming that the corporation enters into a grant disbursement agreement, it's a reimbursement.

25 "jspaeth@cityofutica.com" (115670016)
00:06:26.240 --> 00:06:28.599
So the corporation will spend money on it.

26 "7162****91" (432765696)
00:06:28.599 --> 00:06:42.583
Flood infrastructure work. Will, will that work be undertaken on the 33 parcel as well as the two adjacent parcels that are vacant?

27 "Romano" (618581504)
00:06:42.583 --> 00:06:46.040
You're talking about the, right?

28 "Romano" (618581504)
00:06:46.900 --> 00:06:49.618
The $1.5 billion days.

29 "Lisa Nagle, EDR" (1196820480)
00:06:49.618 --> 00:06:51.835
Yeah, yeah, I don't know I mean.

30 "Romano" (618581504)
00:06:51.835 --> 00:07:25.779
The current scope sent to back to Marianne Buttonchen's office was ground improvement at the pad of the new build and utility extensions to that, to that pad. And you know and then I I guess the scope could be modified as the costs, get a little clearer. We're doing cost analysis now on our end and you know, actually Rob's team is actually chasing down a lot of the costs talking directly to contractors in the field.

31 "Romano" (618581504)
00:07:25.779 --> 00:07:43.363
But once the costs are clear, we might, we might increase the scope, adjust it, to have a couple more elements to it. But right now it's ground improvement at the new build and utility extensions to that new, that pad ready site.

32 "7162****91" (432765696)
00:07:43.363 --> 00:07:49.139
Okay, so NO grant proceeds will be expanded on the 33 building site.

33 "jspaeth@cityofutica.com" (115670016)
00:07:52.922 --> 00:08:09.539
At this the mayor that grant is not targeted for 33. This is for the actual site improvements and infrastructure for the building months now, not 33.

34 "jspaeth@cityofutica.com" (115670016)
00:08:09.539 --> 00:08:27.959
It's two separate projects, ok. Will the utility infrastructure that's made available for the new building be large enough to support 33 in the future? So that would be part of the design that all will we design it for that? Right. Because that would make sense. Okay. All right.

35 "Romano" (618581504)
00:08:27.959 --> 00:08:32.914
But Bob, can you just I'm just curious why the why the question.

36 "jspaeth@cityofutica.com" (115670016)
00:08:32.914 --> 00:08:40.123
Okay real quick with the mayor and everything? Yeah.

37 "Romano" (618581504)
00:08:40.123 --> 00:08:42.641
If you go yes, go ahead, I think we need.

38 "jspaeth@cityofutica.com" (115670016)
00:08:42.641 --> 00:09:01.259
Bill can help explain a lot of this too, so one of the issues that we're gonna run into with the 33 building and with the new construction, when you're building this, we have to build it on piles, so they're gonna hit these wood timbers down the ground about 55 to 65 ft. There's 284 of them that go around.

39 "jspaeth@cityofutica.com" (115670016)
00:09:01.259 --> 00:09:20.969
That's gonna cost about 420 to 480000 based on what, where the exactly landed footprint is. On top of that, there's some that's a pile cap, it's a structural pile cap that goes on top of it. And then we're bringing in Phil that, so imagine that being hollowed out and then there's 2 ft of Phil here.

40 "jspaeth@cityofutica.com" (115670016)
00:09:20.969 --> 00:09:37.319
When you go and pour that slab, you're pouring it in place with the columns there. So the fact that we got rid of all of the dirt, which was gonna be a big cost, we, we feel that we're probably going to have to get rid of the slab, too.

41 "jspaeth@cityofutica.com" (115670016)
00:09:37.319 --> 00:09:57.319
Because you guys aren't gonna pay for columns. You can't put columns up without the guarders because once they're set in place on the foundation, you're not gonna be able to time together. Is that right Phil? And so the biggest issue that we're seeing that I ran through with Paul to talk to you guys on what we could do because mbg's invested in.

42 "jspaeth@cityofutica.com" (115670016)
00:09:57.319 --> 00:10:17.319
Both these properties to be clear, we're we're fine we're rolling the dice, we're hoping that the state's gonna come through the grand on the 33. You know, when push comes to shove I shouldn't, you know, I don't want to negotiate against myself here, but push comes to shove, we gotta renovate that 33 building NO matter what our company does, you know, and I I hope we're all working together to get the.

43 "jspaeth@cityofutica.com" (115670016)
00:10:17.319 --> 00:10:35.849
And I don't want to negotiate against myself, but anyways, what Paul and I were initially talking about was leaving the slab out, leaving the columns out and gurters, that's literally gonna be about 04:20 and another few hundred thousand dollars, maybe three or four to get its site grade ready.

44 "jspaeth@cityofutica.com" (115670016)
00:10:35.849 --> 00:10:55.849
What we could do is move right into the 33 building on demo. The demo's gonna be about, you know, somewhere between that 75 to 01:50 cost. You got a crane in there, there's gonna be a specist I'll guarantee in the box in those windows. You know, there's gonna be some late remediation inside, you know, from a standpoint of getting those.

45 "jspaeth@cityofutica.com" (115670016)
00:10:55.849 --> 00:11:29.419
Stage basements out of the place. So that's a that's an alternative. It's an alternative, you know, it's clearly a nuance, but as this is developed in its scope, I think we're gonna have a tough time RFP this thing out and breaking off where you guys are ending and where we're starting. That's I think that's gonna be great, would you say same and that's where I think it's a complete different variation. It's a wrinkle, but it's pushing it down I mean, you get the windows out of that place, you get all the down.

46 "jspaeth@cityofutica.com" (115670016)
00:11:29.419 --> 00:11:49.419
Demo done, you don't have homeless living in there that's you know it's wide open and it's it's ready to get going. And if we're not comfortable or if we're not good at procuring the grant, our company still has to go and renovate it because it's, you know, I'm not we're not gonna build a brand new building and have blight next door to it, you know, so again it does work against me a little bit.

47 "7162****91" (432765696)
00:11:50.102 --> 00:12:11.484
So Robin Paul, is it, is there there's a Dasney grant whose proceeds will be utilized on the two vacant parcels? Is there a second grant that your LOI for the 33 building references a grant? Is that, is that a different grant that we don't have yet?

48 "jspaeth@cityofutica.com" (115670016)
00:12:11.484 --> 00:12:15.682
Yes, a hundred percent Bob. Okay.

49 "7162****91" (432765696)
00:12:15.682 --> 00:12:17.883
So what it does.

50 "jspaeth@cityofutica.com" (115670016)
00:12:17.883 --> 00:12:41.339
Going down memory lane here, but just to be clear, I'll explain it briefly at the best I can and anybody can jump in that's been part of it. We obviously looked at the 33 building. We have NO, we never had a problem taking out a 33 building. The board, the Harbor Point board needed it to go to you know a safe female flood plane level inside.

51 "jspaeth@cityofutica.com" (115670016)
00:12:41.339 --> 00:13:01.339
There has there's shipple requirements from a review standpoint and once you do that, you're kind of telling the developer how to develop. And so my stance from the last administration to this one has always been ok well if we have to raise the floor, then we need to go after, you know, save money because it starts to not make sense.

52 "jspaeth@cityofutica.com" (115670016)
00:13:01.339 --> 00:13:23.609
Financially on a construction project. Everybody's agreed to that. Again, last administration of this administration. The other problem that you have is you're turning it all into glass. So you essentially have a, a 10000 sq ft greenhouse, which pushes you into monumental commercial HVAC similar to what we have at the odd. Again.

53 "jspaeth@cityofutica.com" (115670016)
00:13:23.609 --> 00:13:38.699
Not very much of a design plan there from a budgetary standpoint or an operational standpoint. And so we went down the path of securing money for that. We got rejected twice by restore New York.

54 "jspaeth@cityofutica.com" (115670016)
00:13:38.699 --> 00:13:58.699
And in the process, we I worked with Marianne on behalf of the Harbor Point LDC, and we submitted with ESD to focus on the grounds down there. We secured a grant for new construction. Maryanne's grant was for flood remediation, and site preparation. I'm not.

55 "jspaeth@cityofutica.com" (115670016)
00:13:58.699 --> 00:14:32.095
You'd have to ask the mayor I think on where that grant is, is it the whole property? Is it the three acres or is it specifically new construction? You know, we don't have the grant disbursement agreement right now, so it's kind of hard to answer that I think. But that's kind of the clip notes. And then the idea was, is that we would continue to work in tandem to, you know, work with the state to develop that 33 building with flood remediation money. Yep. If that makes sense Bob.

56 "Romano" (618581504)
00:14:32.095 --> 00:14:45.052
So, so Bob, just to clear, well, I think Rob was pretty clear, but just one thing when Rob says demo, he means interior interior gutting because he scared me earlier when.

57 "jspaeth@cityofutica.com" (115670016)
00:14:45.052 --> 00:14:47.870
Oh yeah, I'm sorry.

58 "Lisa Nagle, EDR" (1196820480)
00:14:47.870 --> 00:14:51.670
Yeah, I'm over here wearing the ship all hat and I was like oh.

59 "Romano" (618581504)
00:14:51.670 --> 00:15:05.129
So so so Rob, where the idea is if there's, if there's savings on the daisy grant and we can use the some of the daisy grant to do some interiory gutting at the 33 building.

60 "Romano" (618581504)
00:15:05.129 --> 00:15:22.499
We're exploring that. That doesn't mean we still won't look for, a state flood resiliency grant to help 33, to help 17, whatever, you know, both you know help to help those buildings out there. We're still gonna look for, there's a couple of grant of applica applica.

61 "Romano" (618581504)
00:15:22.499 --> 00:15:38.213
Programs right now we're gonna look into and see if we get some other flood mitigation money to use on those buildings. But, so, yeah, just to clarify and and and Rob, by the way, if you do ground improvement, you can still do a slab, so that's the.

62 "jspaeth@cityofutica.com" (115670016)
00:15:38.213 --> 00:15:40.729
Class, yeah.

63 "Romano" (618581504)
00:15:40.729 --> 00:15:43.975
Yeah, so anyway, I interrupted you Bob.

64 "7162****91" (432765696)
00:15:43.975 --> 00:15:54.659
No, then another quick question with respect to the two vanc vacant parcels next to the 33 building for which Rob has submitted an LOI.

65 "7162****91" (432765696)
00:15:54.659 --> 00:16:15.678
Assuming we get the grant money, the Harbor Corp undertakes the flood improvement work. Does Rob are you do you only take title and close on the property after that work is completed or do you take title and then the work ok.

66 "jspaeth@cityofutica.com" (115670016)
00:16:15.678 --> 00:16:40.954
No, cause it's gonna have to like what we're going through with Dasney right now it's gonna have to stay with the the public entity, you know, or the municipality or whatever you want to call it. Our company would be able to do that. It'd be very similar to what we did, you know, with the audit authority and Mohak Valley Garden actually identical. So I have a question with regards to Oh, go ahead.

67 "7162****91" (432765696)
00:16:40.954 --> 00:16:47.290
No, go ahead Bob, you got, I don't know board members. You can trust me all day long. Sure.

68 "jspaeth@cityofutica.com" (115670016)
00:16:47.290 --> 00:17:03.329
This this transaction. So I I wasn't around but you went out for an RFP with regards to proposals for both parcels? RFP I and and they were, they were chosen. They were told me so would would it be best?

69 "jspaeth@cityofutica.com" (115670016)
00:17:03.329 --> 00:17:18.689
To structure this as one transaction instead of competing transactions for purposes of what you went through for an RFP, I mean if you if you if you do it as, as two.

70 "jspaeth@cityofutica.com" (115670016)
00:17:18.689 --> 00:17:38.689
I think that's more likely than that you might have to go back up for an RFP. If you structured as one transaction but two different settlements, two different closings, I think that's where Bob and Melanie were going to speak candidly, and Bob, maybe you want to jump in here. George started going down the path of two.

71 "jspaeth@cityofutica.com" (115670016)
00:17:38.689 --> 00:17:49.412
Lois and I, I don't know why that was, but I do know Bob and Melody were talking more of capturing it all in one. Is that correct, Bob?

72 "7162****91" (432765696)
00:17:49.412 --> 00:17:57.656
That is correct. We talked about one contract that contemplated two closings, two phases of closing based on what was happening on the ground.

73 "jspaeth@cityofutica.com" (115670016)
00:17:57.656 --> 00:18:16.469
Makes more sense to me, but so nobody kind of said they've seen the red line so if you send it out and people missed it, could you send that to the board? Everybody.

74 "jspaeth@cityofutica.com" (115670016)
00:18:16.469 --> 00:18:34.859
On the agreement and then I don't know what anybody else's thought are about going down this is one contract instead of two. What's the red light? Whether make their changes and they send out the recommendations for Bob's.

75 "jspaeth@cityofutica.com" (115670016)
00:18:34.859 --> 00:18:53.459
It's like this right here. Give me the red, they call red line because they do it in red. So any thoughts or comments or are we all good with going down the one path? Seems like.

76 "jspaeth@cityofutica.com" (115670016)
00:18:53.459 --> 00:19:13.459
Rob and everybody else seems to think that's the way to go so I mean, I don't really know enough about it to say to get one way or another but like that's probably the way to go. Just I got two questions. So this looks great by the way. This is this is different from last time.

77 "jspaeth@cityofutica.com" (115670016)
00:19:13.459 --> 00:19:33.459
I was here and you were here and you were present, it was gonna be a different whole concept, right? It was not barking on the bottom right yeah so I was working with right and then we went down the path, going back years ago with historical, ok? So I just.

78 "jspaeth@cityofutica.com" (115670016)
00:19:33.459 --> 00:19:53.819
Decided to use the person that did all the historical tax credit architectural drawings for me at 03:11 main the old children's museum. I had a massive comfort level with them. We got down this path and and it was just too hard to get public money into historic tax credits. So we just deviated the whole thing. So long story short I've just been working with that's why it looks.

79 "jspaeth@cityofutica.com" (115670016)
00:19:53.819 --> 00:20:13.819
You know differently but a lot of this work was done by Dave, you know, the 1st floor of the parking, 2nd floor of the restaurants, and then we've added the 54 parking. It was gonna be like a bank, not a banquet, but like a convention. That's the 3rd.

80 "jspaeth@cityofutica.com" (115670016)
00:20:13.819 --> 00:20:23.333
You're still there now existing. All right. Okay.

81 "7162****91" (432765696)
00:20:23.333 --> 00:20:38.176
And board members, do you have I I know we emailed the red lines to Allison and we're we understood that Allison. I know she's not there, but her assistant was going to walk them over and and put them in that boardroom. Do you so you guys don't you?

82 "jspaeth@cityofutica.com" (115670016)
00:20:38.176 --> 00:20:40.151
Yeah, they're on the day of them.

83 "7162****91" (432765696)
00:20:40.151 --> 00:21:07.870
Oh, ok. But if you want to share those then we don't have to we don't have the email. So those are the that those are the two that's the two LOI process that Rob proposed Rob is recept receptive to and the sport is receptive to doing one LOI. We can combine, we can combine these into one LOI and and Rob and Tom.

84 "7162****91" (432765696)
00:21:09.791 --> 00:21:27.349
Maybe that maybe our team can talk to your team prior to doing that just to answer some of these questions. Some of these are just a business issues. I I definitely want a better understanding on the grant because it sounds like yeah, we have one grant more or less in our back pocket and we have wishful thinking on a second grant, but we can try to put words of that.

85 "jspaeth@cityofutica.com" (115670016)
00:21:27.349 --> 00:21:40.929
You're a hundred percent right? And we're gonna keep this in this room thought you know, do we need a motion or NO?

86 "7162****91" (432765696)
00:21:40.929 --> 00:21:43.076
Now, NO.

87 "jspaeth@cityofutica.com" (115670016)
00:21:43.076 --> 00:21:45.270
Okay, we've got directions move.

88 "7162****91" (432765696)
00:21:45.270 --> 00:21:59.893
And if and look, if you have the red lines, if anybody, you know, you can email the work, the the group here and if you got questions or you got a comment, you, you have, you have, you know, you're watching the sausage being made, so don't be shy.

89 "jspaeth@cityofutica.com" (115670016)
00:21:59.893 --> 00:22:19.469
Sorry, I'm making yours, but anything else from Rob? Thank you. Any other questions for Rob? Let him get out of here. Any comments from me Rob or are you? No, you know, like the only thing you can do with it is obviously, you know, I'm trying to work as closely as I can with.

90 "jspaeth@cityofutica.com" (115670016)
00:22:19.469 --> 00:22:39.469
Paul and then and making sure from the legal standpoint with Bob and Melanie that, you know, we're kind of meeting everything so by the time it does come to the board, everybody's in lockstep so that moves on. We are still at the mercy of the GDA getting sent over to Ben and the mayor and you guys, but we are moving full statement.

91 "jspaeth@cityofutica.com" (115670016)
00:22:39.469 --> 00:22:51.767
So I got one question that all the geo born you did all the environmentals done? Cause you said you had to take soil away. You guys didn't all. They already did all this. No, they already. You have to take more. No? Yeah, we're gonna take.

92 "Lisa Nagle, EDR" (1196820480)
00:22:51.767 --> 00:22:55.070
We we cleaned it up as part of the prominent project and we got the letter.

93 "Romano" (618581504)
00:22:55.070 --> 00:22:56.508
We don't have.

94 "jspaeth@cityofutica.com" (115670016)
00:22:56.508 --> 00:23:00.249
They got the spill closure letter and everything else.

95 "Romano" (618581504)
00:23:00.249 --> 00:23:04.311
14000 tons. 14000.

96 "jspaeth@cityofutica.com" (115670016)
00:23:04.311 --> 00:23:12.959
Thank you would be a thank you for the amount, you know me? I like the numbers ok as long as it's clean.

97 "jspaeth@cityofutica.com" (115670016)
00:23:12.959 --> 00:23:32.159
I'll talk to you soon. Thank you soon. Thank you. Thanks Rob. All right. You're up. Well, I was invited last meeting that I was out of town.

98 "jspaeth@cityofutica.com" (115670016)
00:23:32.159 --> 00:23:52.159
Now it looks like a little confused. I've been speaking with Paul and in the beginning, you know, they said the flood elevation was ok, but now it's not. And then they were, there was concern. They're saying that the utilities are under the building. The guys that worked on the site said they are not the.

99 "jspaeth@cityofutica.com" (115670016)
00:23:52.159 --> 00:24:08.450
Authority said they're not big enough. The supply is not big enough. The guy in National Grid said that the conduit is not big enough for the gas supply that would be needed. But Paul's telling me they're wrong, I personally.

100 "Romano" (618581504)
00:24:08.450 --> 00:24:34.499
Can I, can I just so so the yeah so the sewer sewer and water in the street, the the water, the sewer lateral goes to the building, but it's not connected to the building because we don't know where the bathroom facilities and kitchen facilities would be or anything like that would be, so the lateral exists. Water for the water, there's a 12 ".

101 "Romano" (618581504)
00:24:34.499 --> 00:24:54.499
Plenty big enough conduit. The it's a conduit though. We can't, you can't put the lateral waterline in without a use to find by the developer. So the the water authority won't allow it. So there's a conduit there ready to accept you know, it's big enough to accept any, any water sized waterline.

102 "Romano" (618581504)
00:24:54.499 --> 00:25:04.146
Any need I mean, that exists, but it can't, the lateral of the water cannot go to the building without you know the use of.

103 "jspaeth@cityofutica.com" (115670016)
00:25:04.146 --> 00:25:11.771
Yeah two water lines, one for sprinkler, one for.

104 "Romano" (618581504)
00:25:11.771 --> 00:25:27.486
Yeah, and they can they could they can both probably fit in this I think we have a 12 " conduit, and we have there, there also is a 2 " I think but the but you can't connect to the waterline, you can't connect to the building until the.

105 "jspaeth@cityofutica.com" (115670016)
00:25:27.486 --> 00:25:34.171
No, I understand that, but I was told they're not even there. What I'm saying is that the conduit's too small and empty and I.

106 "Romano" (618581504)
00:25:34.171 --> 00:25:57.849
So that's that's incorrect. I mean the conduit, I believe it's 12 ", you know, I don't know what size of water lines you put in there but you know you're probably you're never gonna go above 6 ", it'd be crazy to So, so you've got plenty of, you plot plenty of room in the conduit to put the water lateral in when when you're allowed to put it in, you know.

107 "jspaeth@cityofutica.com" (115670016)
00:25:57.849 --> 00:26:00.356
So where's the gas?

108 "Romano" (618581504)
00:26:00.356 --> 00:26:15.029
The gas there's NO gas cause the the gas, we didn't extend the gas line to that building because we didn't, when we built out the utilities we didn't know the use of that building, so we wouldn't have put, we wouldn't extend the gas to it initially.

109 "Romano" (618581504)
00:26:15.029 --> 00:26:35.029
So, you know, that, that came, that the need for gas came with your idea you know the idea for restaurants, so now look at we'll try to look when we get these flood, when we look go look for these grants, we're gonna look for other monies for utilities.

110 "Romano" (618581504)
00:26:35.029 --> 00:26:59.170
To, you know, to maybe get a gas line there, but there's NO guarantee, you know. Yeah, and then electrical cell just so you don't So electrical, I forget this, I think it's a 4 " or 6 " conduit. You want to pull wires. It's, again, I don't know the missnomer of not the conduits not being big enough, but the the.

111 "jspaeth@cityofutica.com" (115670016)
00:26:59.170 --> 00:27:03.033
They came from the day of National bridge. Yeah, yeah.

112 "Romano" (618581504)
00:27:03.033 --> 00:27:32.413
Yeah, so there we the the power would come from Wells Abb, there's a conduit from where the power power would drop and it goes to the building, but the wires have not been pulled. And again, it's probably something, you know, until you get to use to find you know until everything is kind of more defined, you would then determine, you know, what, what should what the power supply over there. But again, start a roadmap to be.

113 "Romano" (618581504)
00:27:32.413 --> 00:27:53.052
Caught back up, right? No, NO. The the conduits we placed conduits so the road wouldn't have to be cut up. So that there's pipe conduits in there so he can pull, so he can, so he can pull the you know electrical wires through the conduit to get them to the building from the from wells to the building. Yeah.

114 "Romano" (618581504)
00:27:53.655 --> 00:27:54.555
Okay.

115 "jspaeth@cityofutica.com" (115670016)
00:27:54.555 --> 00:28:15.289
Alright, and I just feel like I'm kind of out of the loop on what grants the cities getting the state has. I just feel a lot better than the loop it's a lot of I've been working for 40 years in the restaurant business. This will be obviously way smaller than this beautiful project over here, but it's still a lot of work and.

116 "jspaeth@cityofutica.com" (115670016)
00:28:15.289 --> 00:28:36.029
I've already had an arc you know architect that paid money to and so on and so forth. I just want to be on the same page and, you know, know that if the city's going to invest in one, they're gonna invest in the other. So if there is a grant by the city, I would assume a portion of it would be broke off to the other bill, but you know what I mean.

117 "jspaeth@cityofutica.com" (115670016)
00:28:36.029 --> 00:28:52.499
I just think there's a little bit of a cloud over because NO one ever reaches out to me about it. I have to be the one to reach out. I just I'm being very forward. I just feel like, you know, small fish, big ocean, and I'm not getting any.

118 "jspaeth@cityofutica.com" (115670016)
00:28:52.499 --> 00:29:08.219
No one's being forthcoming with me as to what's coming out. I put a ton of my time into this, but I just feel like I'm spinning my wheels and when you spoke to me before about it, that was my biggest concern about doing this is I was gonna waste time and money.

119 "jspaeth@cityofutica.com" (115670016)
00:29:08.219 --> 00:29:23.519
Spot get lost in the shuffle, and that's just where I feel I'm at right now. Do we have any kind of proposal from you? Yeah letter of one back with Rob. Okay. And then, you know, like I was told by Paul one day that.

120 "jspaeth@cityofutica.com" (115670016)
00:29:23.519 --> 00:29:43.519
They wanted a guarantee from me that I'm still gonna do this if there's NO grant or funding money. So what I, that to me was just like trying to push me out the door. So I mean if you just want to go in another direction, I should just be told but I I'm pretty sure that anyone else that.

121 "jspaeth@cityofutica.com" (115670016)
00:29:43.519 --> 00:29:55.553
Developed down there, there will be grant money given home. So I I feel like again I just all I'm asking for is to be treated equally. Yeah sorry if I'm.

122 "Romano" (618581504)
00:29:55.553 --> 00:30:06.113
It was not my place to speak for the board, but I didn't mean again similar to what the board is doing with MVG was a discussion about a letter of intent if you wanted to go.

123 "jspaeth@cityofutica.com" (115670016)
00:30:06.113 --> 00:30:10.752
Right, you told me that they wanted a guarantee.

124 "Romano" (618581504)
00:30:10.752 --> 00:30:11.831
And if they're button.

125 "jspaeth@cityofutica.com" (115670016)
00:30:11.831 --> 00:30:20.153
No grant money for me, I was still gonna do it. And that is just like, where did that come from? Cause I don't think anyone else was told that they would be involved.

126 "Romano" (618581504)
00:30:20.153 --> 00:30:33.176
No I didn't and I I don't think I used the I don't think I use the word of guarantee. I said formalize the, yeah, the the formalize the letter of letter of.

127 "jspaeth@cityofutica.com" (115670016)
00:30:33.176 --> 00:30:38.851
Bob Marie, do you have that letter of intent from South?

128 "7162****91" (432765696)
00:30:38.851 --> 00:30:50.819
So I, I don't believe the corporation, and if I'm wrong, we can pull it up. I'm not sure if the board executed the letter of intent. I maybe terms were proposed.

129 "7162****91" (432765696)
00:30:50.819 --> 00:31:10.819
But I'm not a hundred, I cannot recall if the corporation resolved to accept the terms as, as proposed, and maybe that's where the pushback was before we do that, the board would like to know you're gonna you know move ahead with a without a grant or or the board would help with the grant I don't know I I don't know, I do not recall entering to an LOI.

130 "7162****91" (432765696)
00:31:10.819 --> 00:31:22.232
If I'm wrong, that's fine too, but I don't recall that. I don't recall getting anything from another attorney either. I don't know if that was you had an attorney who helped with the letter of his hand to work with.

131 "jspaeth@cityofutica.com" (115670016)
00:31:22.232 --> 00:31:26.653
Nothing wants. Twice. I, I I.

132 "Romano" (618581504)
00:31:26.653 --> 00:31:39.015
I think it's getting confused between the letter of intent, which is the next step, and so I think you're I think you're talking to your original response to the to the request for expression of interest, so I think that's what.

133 "jspaeth@cityofutica.com" (115670016)
00:31:39.015 --> 00:31:51.599
Yeah ok well yeah ok so do you want to put a letter of intent forward and we can have the attorneys start working on it and putting it into the grand and everything else?

134 "jspaeth@cityofutica.com" (115670016)
00:31:51.599 --> 00:32:12.673
Yeah, I mean this is the 1st time that was. Yep. Okay, so you put in your letter of interest, you got that. So what next step would be a letter of intent get that to Bob and now we'll get moving on it. All right. Good. So who do I give it to? Let me get a letter send it.

135 "7162****91" (432765696)
00:32:12.673 --> 00:32:16.670
You can email it we'll get it to Bob. Okay.

136 "Romano" (618581504)
00:32:16.670 --> 00:32:19.973
Well, to speak to the grands real quick.

137 "jspaeth@cityofutica.com" (115670016)
00:32:22.053 --> 00:32:30.914
Federal funds through open money if you will. But city put all that infrastructure.

138 "Lisa Nagle, EDR" (1196820480)
00:32:30.914 --> 00:32:32.573
Such that.

139 "jspaeth@cityofutica.com" (115670016)
00:32:32.573 --> 00:32:52.259
Anyone who develops would benefit from that. The current grant that was talking about, that was a situation where that was MBG going and working directly with assembly. That was not directed to the city necessarily in that way.

140 "jspaeth@cityofutica.com" (115670016)
00:32:52.259 --> 00:33:08.819
The actual grant that was applied or to shore up the height of the 1933 building that was reasonable 3rd time wasn't a charge type of situation which was not awarded. That was sponsored by the counselor.

141 "jspaeth@cityofutica.com" (115670016)
00:33:08.819 --> 00:33:28.139
You know, but I wouldn't say necessarily just and right now what Brian Thomas and I are working on is we have two employees as part of you know build our vacancies if you will, we have Chris and Laura Cohen.

142 "jspaeth@cityofutica.com" (115670016)
00:33:28.139 --> 00:33:48.139
Working between the idea, putting together between Brian and the two of them kind of a schedule, even though sometimes it's deep doesn't keep the schedule, but kind of that cadence to which there's CFAs or discretionary funds et cetera, and if you have a lot of retention for that, then they're just gonna direct that.

143 "jspaeth@cityofutica.com" (115670016)
00:33:48.139 --> 00:34:11.779
Schedule right to you and you'll have the same access to everyone. I didn't know anything about like yeah so that's just a little bit of input will go a long way because I'm a restaurant guy I'm not a developer so you know if there's things available to me to help get along, it would be appreciated. What I think the next step though is if you're gonna do a letter of ten.

144 "jspaeth@cityofutica.com" (115670016)
00:34:11.779 --> 00:34:34.639
We're not to get that done tomorrow or two weeks from now, you should probably just come in, meet with Brian and Chris and sit down and figure out what that cadence normally is because some of its department's dates, some of its CSDs, some of it's, you know, there's all these different avenues, it's a bit chaotic even for us when we're going through them all so but you can sit down and go through.

145 "jspaeth@cityofutica.com" (115670016)
00:34:34.639 --> 00:34:53.699
Do all that you can see what's available. All right. I hear one man show I think maybe we could lay it out and maybe on a piece of paper form. Yeah.

146 "jspaeth@cityofutica.com" (115670016)
00:34:53.699 --> 00:35:09.659
Okay, let me get a hold of Brian and he'll point somebody's next process, you know, I've been working on flood insurance, they just attached an address to the building. So, you know, they're working on that.

147 "jspaeth@cityofutica.com" (115670016)
00:35:09.659 --> 00:35:37.533
From last week I gave them 20 min ago, but I'm just trying to get as much, like I said, I talked to the harbor, the people in charge of what can be done to the building what can be done to the building and utilities like that as much as I could, but, you know, someone made a joke, so we gotta pull it together for you. It would be appreciated since I feel lost in all of this and I do I would, you know, that's why I just.

148 "Romano" (618581504)
00:35:37.533 --> 00:35:38.327
It.

149 "jspaeth@cityofutica.com" (115670016)
00:35:38.327 --> 00:35:45.055
Yeah especially now that you have an address. Okay. All right.

150 "Romano" (618581504)
00:35:45.055 --> 00:36:00.772
But Bob and Bob and I've just with a quick call with sally and his attorney with, with Bob and Melanie help like just kind of work work on the a draft of the letter intent together to two parties just to.

151 "jspaeth@cityofutica.com" (115670016)
00:36:00.772 --> 00:36:21.497
Yeah, Meet with Brian 1st. Yeah. That's all I'm like a black list. Yeah, I would even good luck. It's all good.

152 "7162****91" (432765696)
00:36:21.497 --> 00:36:44.733
Yeah, I I would suggest you bring your attorney to the meeting with the mayor's office so the attorney can understand what the grant process is. You're gonna wanna incorporate that language into your LOI and your attorney will will be able to do that if if he or she had the benefit of listening to Brian about the potential available grant. So that that would be my recommendation. It'll make the LOI less painful.

153 "jspaeth@cityofutica.com" (115670016)
00:36:44.733 --> 00:37:16.699
Alright, well thank you. Yeah, one more action item before we get to the SA one ABL documents and audit. We got a motion to approve those so Jack can get them loaded up on the state website. Motion? So moves. Thank you all. Okay, the essay one.

154 "jspaeth@cityofutica.com" (115670016)
00:37:16.699 --> 00:37:21.056
Okay.

155 "7162****91" (432765696)
00:37:21.056 --> 00:37:38.419
Yeah Melanie and I are both gonna take it. But before Melody begins, I want to make sure you have the hand up. Does everybody have before them the time paper entitled to help in long firm law firm? There's some red fun on here. I'm hoping Alison handed it out. We wanted to give you guys a due diligence update. Does everyone have.

156 "7162****91" (432765696)
00:37:38.419 --> 00:37:42.170
That she says.

157 "jspaeth@cityofutica.com" (115670016)
00:37:42.170 --> 00:37:49.094
No, it.

158 "7162****91" (432765696)
00:37:49.094 --> 00:37:50.594
Yeah.

159 "jspaeth@cityofutica.com" (115670016)
00:37:50.594 --> 00:38:04.533
Sorry, nope. Yes. Yes, we have it. Yeah, everybody has.

160 "7162****91" (432765696)
00:38:04.533 --> 00:38:31.670
So you'll recall we had a meeting back in January and we wanted to update the board about what the conditions to closing were. We asked Rob Helper to provide an update at that time he did. This is now an update to what he had provided so you can see where we are with the buyer as to their closing condition. You might recall the last amendment to the contract, what was extended the diligence period.

161 "7162****91" (432765696)
00:38:31.670 --> 00:38:52.138
Until 1 April with the expectation that a closing would happen 30 days later, so on 1 May. So in red next to each condition, we provided an update of as to where we are. I just want to point out one of the conditions to closing is financing.

162 "jspaeth@cityofutica.com" (115670016)
00:38:52.138 --> 00:38:55.351
And where do we stand? We have not yet.

163 "7162****91" (432765696)
00:38:55.351 --> 00:38:58.290
We do not have a commitment letter.

164 "7162****91" (432765696)
00:38:58.290 --> 00:39:16.035
We haven't been advised they have a commitment letter, but Rob has indicated that he and his client have been having ongoing conversations with the lender and with lenders council. The lenders council's engaged and they are working on review of the documents that they have seen today.

165 "7162****91" (432765696)
00:39:18.214 --> 00:39:21.476
So that is still an open item.

166 "jspaeth@cityofutica.com" (115670016)
00:39:21.476 --> 00:39:29.273
Do they know when they'll get through that process with their financing partner?

167 "7162****91" (432765696)
00:39:29.273 --> 00:39:40.636
No, we have not, NO, he's not yet advised of the time, but he has not asked to extend the diligence period, so our understanding is it would be by 1 April.

168 "jspaeth@cityofutica.com" (115670016)
00:39:40.636 --> 00:39:41.850
Like I.

169 "7162****91" (432765696)
00:39:41.850 --> 00:39:47.095
Yesterday.

170 "jspaeth@cityofutica.com" (115670016)
00:39:47.095 --> 00:39:47.835
Okay.

171 "7162****91" (432765696)
00:39:47.835 --> 00:39:52.295
He had had a conversation. Oh yep.

172 "jspaeth@cityofutica.com" (115670016)
00:39:52.295 --> 00:40:25.336
Gotcha, you sure? Okay. Well, so the IE so this financing several vendors and thank you to the is this something that we could, we could show that the compromised or is it compromised network? How do how do we get past that? They're concerned about the environment. Right.

173 "7162****91" (432765696)
00:40:25.336 --> 00:40:26.753
The bank of unity.

174 "jspaeth@cityofutica.com" (115670016)
00:40:26.753 --> 00:40:43.490
Talking about the flooding or what's underneath the soil underneath the soil. I talked to Brian long. You know, they don't have a problem with financing Andy. They just don't like the site. The site another banks will get over it. Yeah, sure. Yeah, this will get financed.

175 "jspaeth@cityofutica.com" (115670016)
00:40:43.490 --> 00:41:03.076
It's just not Bank of America. Yeah, they don't want the rest. So what are what are you asking us for today Melody?

176 "7162****91" (432765696)
00:41:03.076 --> 00:41:04.454
Well, are we.

177 "jspaeth@cityofutica.com" (115670016)
00:41:04.454 --> 00:41:15.292
Update or are we looking at an ex we should be offering an extension because we're way too far down the road to stop this thing, so. Well, well.

178 "7162****91" (432765696)
00:41:15.292 --> 00:41:39.300
I Agreed and we are moving towards the 1 May closing. At the very bottom of for item K, we have been negotiating with the city's attorney and with Rob the easement agreement, and you'll recall the Easement agreement was discussed and negotiated and put into our purchase sale agreement and it provides an easement so that.

179 "7162****91" (432765696)
00:41:39.300 --> 00:41:59.300
Hotel can develop a road that would be built to city standards. He will provide access to the rear of the property in the event a reverter had to be exercised. There is a trail easement in there for the recreational trail that the city will build, and then there's a retention base in easement. So the three parties, the Harbor Corp.

180 "7162****91" (432765696)
00:41:59.300 --> 00:42:15.013
The city and visions would be entering into this agreement. So this eastment agreement has been put in a form that is going to be presented to common council, I believe this afternoon or this evening.

181 "7162****91" (432765696)
00:42:15.677 --> 00:42:20.772
To be voted on so that the city has approval to execute it.

182 "jspaeth@cityofutica.com" (115670016)
00:42:20.772 --> 00:42:30.493
As part of that discussion and yep but.

183 "7162****91" (432765696)
00:42:30.493 --> 00:42:51.390
I'm sorry. Somebody gonna ask question? So in Okay in the course of that discussion, we talked about the fact that the roads that are going to be constructed at the site should be built to city standards in consultation with the city so that if and when they're offered for dedication.

184 "7162****91" (432765696)
00:42:51.390 --> 00:43:07.110
The city could then initiate its process as to whether or not they would be accepted. At the time of the discussion, the idea of a preliminary offer of dedication being made now was presented.

185 "7162****91" (432765696)
00:43:07.110 --> 00:43:23.010
So that the process to accept a dedication in the future could be started now. That, that wasn't really contemplated in our contract and if we followed that path.

186 "7162****91" (432765696)
00:43:23.010 --> 00:43:56.153
Our closing would be delayed until such time as we had that conditional dedication. So as a result of that conversation, Rob Helpman presented us with a proposed 4th amendment to the PSA. It is incorrectly identified as the 3rd amendment in the agreement. He does not ask to extend diligent, he just asked to extend closing until such time as a conditional dedication is completed.

187 "jspaeth@cityofutica.com" (115670016)
00:43:56.153 --> 00:44:25.416
So I have a question. So if, if the city of if the counter council tonight approves a conditional approval, then, then, then, then according to the 3rd amendment to the contract, Patel is willing to immediately proceed to a settlement, which I assume, it doesn't say it in a 3rd amendment, but I assume settlement means closing.

188 "7162****91" (432765696)
00:44:25.416 --> 00:44:27.811
Yeah. Yeah. Yeah.

189 "jspaeth@cityofutica.com" (115670016)
00:44:27.811 --> 00:44:39.120
So is that on the agenda for purposes of true consideration this evening because it would go a long way to get this transaction closed.

190 "jspaeth@cityofutica.com" (115670016)
00:44:39.120 --> 00:44:54.720
So, I believe what's actually on the table this evening is simply the resolution called the hearing. So the process can start but the council wouldn't be voting.

191 "jspaeth@cityofutica.com" (115670016)
00:44:54.720 --> 00:45:12.150
On the dedication. The other situation that's going on with this is the street needs to be a street so that Mohak Valley Water Authority will treat it as such. Can you Thank you. Stephanie just walked in, by the way.

192 "jspaeth@cityofutica.com" (115670016)
00:45:12.150 --> 00:45:27.240
Can you just explain exactly what's going down in the council this evening? So there's a couple of pieces going down. The 1st piece is a resolution approving the agreement for the infrastructure, the access, the trail, and then there's one more in there.

193 "jspaeth@cityofutica.com" (115670016)
00:45:27.240 --> 00:45:43.860
So that's going down tonight and then a resolution calling for public hearing and referral to planning board is going down relating to the street dedication. The actual piece of legislation for the street. The street dedication is not done yet. I'm gonna need a little bit more information to finalize that, including the name of the street.

194 "jspaeth@cityofutica.com" (115670016)
00:45:43.860 --> 00:46:03.860
Descriptions so as soon as I get that which hopefully would be done with planning board site plan approval, I can put that together and get that down to the who's granting the easement? It's our property and we're granting him in the easement or it's his property and he's granting us the ease? No, it's the Harbor's property that is being sold.

195 "jspaeth@cityofutica.com" (115670016)
00:46:03.860 --> 00:46:24.830
To the group yep and we're retaining easements. So one of them is a trail easement so that we can, I don't know what they're doing with the trail. The easement to use the trailer property. The city is retaining an easement to get on there for maintenance of a water retention basin. Okay.

196 "jspaeth@cityofutica.com" (115670016)
00:46:24.830 --> 00:46:48.315
And then there's two. These are basically NO brainers for us to approve. We need to have these yes, right? And the whole point of this entire situation was that that 3rd piece of property in the back, which has a reverter clause attached to it. And for some reason we did revert the property, we have access to the property. Okay, ok. Yep. We'll get them tony. We'll get them through.

197 "Romano" (618581504)
00:46:48.315 --> 00:47:08.829
Yep, and and just to help Stephanie so so two refer to the trail and that's the loop dow, you know, that's part of the loop to harbord trail that's gonna be built with the canal corpt money. One of the Easemiths is part of the buyer retention basin, as Stephanie mentioned, and the other one relates to the road.

198 "jspaeth@cityofutica.com" (115670016)
00:47:08.829 --> 00:47:24.360
Right oh so just just so down the road when this project's all done, we're always gonna have the access to go down this road and use it all the time. Well I mean effectively, we're hoping that.

199 "jspaeth@cityofutica.com" (115670016)
00:47:24.360 --> 00:47:44.360
The whole point is they're constructing the road. We don't have to pay for that right right but then we take the road. And yeah, we'll plow it because it'll be our road. But the whole point is we don't have to spend over probably 1.4 or 1.5 million to do this.

200 "jspaeth@cityofutica.com" (115670016)
00:47:44.360 --> 00:48:00.153
Well, it'll be our road after, yeah, it'll be piggybacking on what we get this through tonight. This is gonna this is gonna push the closing faster, correct? I think that's all the.

201 "7162****91" (432765696)
00:48:00.153 --> 00:48:01.152
That's what You're correct.

202 "jspaeth@cityofutica.com" (115670016)
00:48:01.152 --> 00:48:21.950
Yeah, if you don't structure it the right way as the conditional acceptance says they reflected in the subject to what Stephanie just indicated, they're not gonna view it as a conditional acceptance and you're gonna have to wait for all those things to take place before they're gonna be in a position. But you can't approve it.

203 "jspaeth@cityofutica.com" (115670016)
00:48:21.950 --> 00:48:56.870
That's what you can take are to schedule the public hearing for your next meeting planning. Okay, right. Now the process is actually under website and and correct any approval is gonna be contingent on actual construction, so if they fail to build it, we're not accepting it. Right, ok. So, but I think you have to structure it as a conditional but that's what you're gonna do down the road, subject to what you just outlined is five year four steps. That doesn't affect us tonight. The earliest public hearing could be scheduled is for May six.

204 "jspaeth@cityofutica.com" (115670016)
00:48:56.870 --> 00:49:20.360
7th, so planning board would be 17 April ish. Yeah. And then we can do a special again. Some of this I'm jumping the gun a little bit. I don't have a descriptions yet. I don't have certain things that we need to finalize that last piece of legislation.

205 "jspaeth@cityofutica.com" (115670016)
00:49:20.360 --> 00:49:49.320
So I'm giving myself a little bit of a buffer to make sure I can get that so we we probably need that month to finalize the description and get that done a name and do all of those things. I just want to make sure Tonight there's two resolutions. Both resolutions need to pass tonight. Okay. And because this is just for your resolutions public hearing. What's the earliest they can do the public hearing?

206 "jspaeth@cityofutica.com" (115670016)
00:49:49.320 --> 00:50:09.320
Earliest if we did a special meeting in the planning, if we if we changed some other things. Brian? You probably can't planning board because tomorrow I mean put it in front of the planning board tomorrow probably they have a special couple of special meeting tomorrow night.

207 "jspaeth@cityofutica.com" (115670016)
00:50:09.320 --> 00:50:41.490
You need to publish? At least ten days to publish your paper. So could you do the public hearing at the 1st meeting of April? That's what I'm asked. Could they just they want the earliest date they can do the public hearing at the council everything? Potentially. What's the 1st Wednesday in April? The 31st is a Monday. So.

208 "jspaeth@cityofutica.com" (115670016)
00:50:41.490 --> 00:51:01.490
So could April second be the public hearing for this? Yes. Yeah. Okay, so if you guys get the meeting done by 2nd, the public hearing public hearing. Right then what then we have some leeway if we want to call a special meeting in the planning order or not. But you're saying that that's.

209 "jspaeth@cityofutica.com" (115670016)
00:51:01.490 --> 00:51:25.320
Oh, oh yeah, yeah. If it goes tomorrow, correct. It's just a recommendation for the planning board, they don't have to hold the public hearing or anything. Right. Correct. Yeah, the only the only issue is the council won't be able to vote on anything until I have a. My job is well.

210 "jspaeth@cityofutica.com" (115670016)
00:51:25.320 --> 00:51:53.735
I I I don't want to rush everybody. I don't know that I'm gonna have descriptions and the necessary stuff to put into the. They can hold the public hearing. Yeah, they just can't vote on the ordinance. Okay. I mean I can not we're not voting on anything today? No, NO NO NO NO. Not you're not voting on any ordinances. Oh, we're. Yeah, ok.

211 "7162****91" (432765696)
00:51:53.735 --> 00:51:56.155
So, so just to be.

212 "Romano" (618581504)
00:51:56.155 --> 00:52:01.412
The votes on the Eastmas, right? Go ahead. No, NO NO NO.

213 "7162****91" (432765696)
00:52:01.412 --> 00:52:15.135
It's on the proposed the proposed extension of the closing date passed 1 May. That is what. Yeah. Yeah. Sorry.

214 "jspaeth@cityofutica.com" (115670016)
00:52:15.135 --> 00:52:18.653
Yeah, yeah. Okay. Okay. Got to do it.

215 "Romano" (618581504)
00:52:18.653 --> 00:52:26.395
Is Joe clear, is Joe clear just so that Stephanie while you're there, the, the two resolution.

216 "jspaeth@cityofutica.com" (115670016)
00:52:26.395 --> 00:52:52.674
I'll get my I know I'll get my my people and obviously gets his we're good. So if this happens, we will have more right so yeah that's good. All right, so the issue in front of this board is do we want to extend the period, correct?

217 "7162****91" (432765696)
00:52:52.674 --> 00:53:15.070
Yes. So to be clear right now the existing contract says we the buyer shall close in the property NO later than 30 days from the expiration of their due diligence period, so that would be we that would be a May one closing. The proposal before this corporation is to as Stephanie are you still there?

218 "jspaeth@cityofutica.com" (115670016)
00:53:15.070 --> 00:53:17.814
No. Oh.

219 "7162****91" (432765696)
00:53:17.814 --> 00:53:46.970
I did I did. Okay, the langu I wanted to mayor, maybe you can Brian, you can help to the language proposed by Rob Helpman is is to amend the 30 day, right? So they don't appear to be asking to extend the due diligence, so I'm assuming that's going to end at the end of this month, but the language is the contract is amended to provide that settlement, which is closing shall occur on the date, which is two business days following.

220 "7162****91" (432765696)
00:53:46.970 --> 00:54:02.374
To the date that the city's common council approves the acceptance of the offer of dedication of the infrastructure contained upon completion of construction of the infrastructure in accordance with city standards.

221 "jspaeth@cityofutica.com" (115670016)
00:54:02.374 --> 00:54:12.732
Right, so the completion of the construction of it or the approval?

222 "jspaeth@cityofutica.com" (115670016)
00:54:12.732 --> 00:54:51.192
Yeah Stephanie walked away. Cause that's something we were also talking about right before the meeting. Yeah, I just texted because that can't that's not part of that NO because they wouldn't be able to close until they were done building two hotels in a row. Right, right, right. So that's that's got nothing to do with Does anybody have a problem with the extension to closing, assuming it's not to build the whole project before we close. No. Do we? No, we just want to clarify that they don't have to build the whole project before we close.

223 "7162****91" (432765696)
00:54:51.192 --> 00:55:07.352
I think we we might wanna understand what the common council will be approving. Is it called a conditional approval rather than acceptance? I, I guess that's what we need Stephanie's help with defining what will happen. What what will the common council approve?

224 "jspaeth@cityofutica.com" (115670016)
00:55:07.352 --> 00:55:38.051
In the near. So, that Stephanie and Rob helped in our meeting about tomorrow and that's why we need the extension because we're in a chicken and egg situation where a road has to be built before it's dedicated and you can't put the assumption of a legislative act in a purchase sale agreement. Hey, can you come back? Does that make sense?

225 "7162****91" (432765696)
00:55:38.051 --> 00:55:43.351
Yeah, I so effectively what we're trying to do is let's.

226 "jspaeth@cityofutica.com" (115670016)
00:55:43.351 --> 00:55:46.237
What's that?

227 "7162****91" (432765696)
00:55:46.237 --> 00:56:07.873
I was just saying that the way the the easement agreement is worded, it does not put any responsibility on the city to accept the road. It only requires that the buyer offer the road for dedication or offer the infrastructure for dedication. That's how it should and that it has to be that way.

228 "jspaeth@cityofutica.com" (115670016)
00:56:07.873 --> 00:56:12.894
Yes, we can't commit the common council to a legislative act. Right. Right.

229 "7162****91" (432765696)
00:56:12.894 --> 00:56:43.835
So we we wanted it to simply read and it does read that once he offers it for dedication, the city would then initiate the process and make a determination as to whether or not it could accept it. It doesn't require acceptance. It just says what will happen after the infrastructure is completed. That is how the Easement is currently drafted. Consistent with the purchasing language. That's exactly that.

230 "jspaeth@cityofutica.com" (115670016)
00:56:43.835 --> 00:56:48.993
Yeah, it seems I don't.

231 "Romano" (618581504)
00:56:48.993 --> 00:56:55.933
You know, it seems to me that the vision should be happy with the Easement agreement but Easement resolution.

232 "jspaeth@cityofutica.com" (115670016)
00:56:55.933 --> 00:57:23.220
Well, yeah, it's not it's not them really in this case we're we're trying to figure out how to legally not commit the council to a legislative act, but still allow them to build the infrastructure. That's the real issue, so Stephanie, where, where did you get you and where did we leave off with the whole You had a solution which did not commit the common council to a legislative act that you felt would still result in this being able to.

233 "jspaeth@cityofutica.com" (115670016)
00:57:23.220 --> 00:57:41.670
Yeah, the big thing is the from what I just heard, they have to build the rope before we close and we want to get around somewhere. Well, so the initial easement agreement that I reviewed.

234 "jspaeth@cityofutica.com" (115670016)
00:57:41.670 --> 00:57:59.700
The my only concern with it was they were contractually trying to put language in there that would require the comic council to accept the rope, which you can't contractually do. So the way around that was, my initial thought was to put language in there saying we'll treat the contract as a offer of dedication.

235 "jspaeth@cityofutica.com" (115670016)
00:57:59.700 --> 00:58:16.020
Start the process, get it going. You can continue to close the dedication is not gonna be finalized until completion anyways, so whether we do that at the end of completion, when it's constructed and everything is done in a year from now, we can do that or we can start it now and make it contingent upon.

236 "jspaeth@cityofutica.com" (115670016)
00:58:16.020 --> 00:58:32.370
Construction being completed. So we can remove their provision of They don't want to close until the road's already given, which would mean they'd have to construct it before we closed, which. Yeah, and I don't want to speak because I haven't.

237 "jspaeth@cityofutica.com" (115670016)
00:58:32.370 --> 00:58:48.870
I already said you guys are meeting tomorrow. Yeah, and I haven't fully I haven't seen the contract, so I can't speak on the contract itself, but to my knowledge and from what everyone is telling me there isn't a contingency that the road has to be built before for you to close. I was just trying to facilitate.

238 "jspaeth@cityofutica.com" (115670016)
00:58:48.870 --> 00:59:07.890
Moving this forward to get it done as quickly as possible. So if you want to do all these things prior to closing prior to 1 May, we just talked about those deadlines, we could do it. But again, nothing is gonna be final until it's actually constructed.

239 "jspaeth@cityofutica.com" (115670016)
00:59:07.890 --> 00:59:18.425
And they'd have to close in order to construct, they're trying to construct something on it. That's exactly they're gonna chicken in an egg situation how you look at it. I know.

240 "Romano" (618581504)
00:59:18.425 --> 00:59:26.910
This is a unique request from a developer by the way to try to paper this up ahead of time you know.

241 "jspaeth@cityofutica.com" (115670016)
00:59:26.910 --> 00:59:53.593
We can only do it legally. Because we wanted to actually have the reverter clauses make sense we did this, which was necessary. So should we Can we approve the closing two days after everything but this road is built? Is there a way of wording that? Do we need to do that to do the extension? Yep.

242 "7162****91" (432765696)
00:59:53.593 --> 00:59:58.469
Yeah, we need to do an extension because this board's not gonna meet again.

243 "jspaeth@cityofutica.com" (115670016)
00:59:58.469 --> 01:00:06.331
Yeah, we need an extension. What do you think's reasonable? 60 days. Well, what what I'd really like is that.

244 "7162****91" (432765696)
01:00:06.331 --> 01:00:34.770
Well hang on guys, as long as we have Stephanie here, you, we did print out and sent to you and I do you guys and do you all I think you have in front of you what's called the 3rd amendment, it's actually the 4th amendment, but do you this is what buyer prepared. Do you guys have that in front of you cause I I want Stephanie to look at the one sentence change and we need help with some of the language cause it's a little unclear. So do you have that.

245 "7162****91" (432765696)
01:00:34.770 --> 01:00:54.770
Okay, so Stephanie we're looking so I'll read that loud. The proposal is that the the contract is amended to provide that settlement shall occur on the date which is two business days following the date that the city's common council approves acceptance of the offer of dedication of the infrastructure conditioned upon completion of.

246 "7162****91" (432765696)
01:00:54.770 --> 01:01:16.469
Construction of the infrastructure in according to city standards. That's the request. If that language is not, we need to work on having more precise language here. I think we're all in agreement of extending it. But I don't know if this language and Stephanie you you know this is really on your plate here. Is that, is that language is gonna be able to result to do these things?

247 "jspaeth@cityofutica.com" (115670016)
01:01:16.469 --> 01:01:46.920
If I could just, just comment i've done quite a few subdivisions and and dedication was part of the approval process through the planning as to whether or not there's a instruct a road and then the town was going to accept dedication as long as it was built according to the specs for for a road. So.

248 "jspaeth@cityofutica.com" (115670016)
01:01:46.920 --> 01:02:03.210
Why, why does the common council have to provide approval? Because it's the city has that I don't think it has to prove I don't think it should it should I don't think that they have the approval I think it should be subject to the approval of of the common council and the planning and or the planning board.

249 "jspaeth@cityofutica.com" (115670016)
01:02:03.210 --> 01:02:20.760
But not on a post construction basis. You gotta, you've got to close and build the road as part of it's part of the construction project. So I don't think we have to wait to close until the road is completed.

250 "jspaeth@cityofutica.com" (115670016)
01:02:20.760 --> 01:02:40.760
Correct, Correct. But that's the way it's. That's the way it's being written. Yeah, and that has to be revised to reflect upon the necessary approvals, not necessary, not upon the actual construction. I thought that's what you were doing tomorrow when you method. Why can't we just extend the period?

251 "jspaeth@cityofutica.com" (115670016)
01:02:40.760 --> 01:02:58.950
Yes, so that's it. If we extend and then Rob and Stephanie meet tomorrow they sort that all out and this gets sorted out. Yeah. They call for the public hearing, process starts you know and so I guess they get everything going in parallel. The motion has to extend.

252 "jspaeth@cityofutica.com" (115670016)
01:02:58.950 --> 01:03:16.187
Stand this for 60 days and we'll work through the details here that are inappropriate language. Yeah, right. Anybody got a problem with that? There's a motion. I got a motion on here second oh in favor?

253 "7162****91" (432765696)
01:03:16.187 --> 01:03:18.074
This is the last extension for this project.

254 "jspaeth@cityofutica.com" (115670016)
01:03:18.074 --> 01:03:20.311
So.

255 "7162****91" (432765696)
01:03:20.311 --> 01:03:35.602
Is the motion to extend the, the settlement date 60 days, so now it becomes May one July one. Is that the motion to extend the closing date?

256 "jspaeth@cityofutica.com" (115670016)
01:03:35.602 --> 01:03:41.896
60 days from 20 July yeah that's fine.

257 "7162****91" (432765696)
01:03:41.896 --> 01:03:46.862
Okay, so the two days from tomorrow.

258 "jspaeth@cityofutica.com" (115670016)
01:03:46.862 --> 01:03:58.650
Yeah, that way they can it's, you know, 60 days from 1 May, right? And because the city time to work through all this too. Yeah.

259 "jspaeth@cityofutica.com" (115670016)
01:03:58.650 --> 01:04:18.650
Okay. 60 days. 60? Well. Also, I think there's at least one or two people though in this whole big.

260 "jspaeth@cityofutica.com" (115670016)
01:04:18.650 --> 01:04:22.643
They don't. They get it. They done.

261 "7162****91" (432765696)
01:04:22.643 --> 01:04:25.419
Well I think there's some Okay so it's.

262 "jspaeth@cityofutica.com" (115670016)
01:04:25.419 --> 01:04:39.861
That we want access on the on the Harbor property and we want to make sure that road is public. Right. So that's the best we can give them. Right? You're good.

263 "7162****91" (432765696)
01:04:39.861 --> 01:04:47.602
Would you guys, would this be better wording extend the extend the closing date to NO later than July one?

264 "jspaeth@cityofutica.com" (115670016)
01:04:47.602 --> 01:04:54.543
Yeah sure you guys?

265 "7162****91" (432765696)
01:04:54.543 --> 01:04:59.701
Yeah, I'm just suggesting language we extend the closing date to NO later than July one.

266 "jspaeth@cityofutica.com" (115670016)
01:04:59.701 --> 01:05:20.220
That's yeah because we haven't know their due diligence is gonna end, right? So we're not extending that, we're just extending the closing. It's gonna be like solve. So we have to take a vote later than this 1st time this gives us time to get to the right solution. We already voted.

267 "jspaeth@cityofutica.com" (115670016)
01:05:20.220 --> 01:05:35.502
Yeah Jack moved to Phil second to the. We good? We're good. It's not prominent. I don't know. Jones chemical anything there?

268 "7162****91" (432765696)
01:05:35.502 --> 01:05:38.099
No, we don't have enough.

269 "jspaeth@cityofutica.com" (115670016)
01:05:38.099 --> 01:05:42.065
Any good anything?

270 "Romano" (618581504)
01:05:42.065 --> 01:05:56.877
Our last meeting with them, we had a meeting with a vendor, that presented or we talked about some options for screening the substation. I think there was follow up actions, right, Lisa?

271 "Lisa Nagle, EDR" (1196820480)
01:05:56.877 --> 01:06:16.122
From that. Yeah. Yeah we had a good conversation about screening the substation where I'm talk, we actually spoke with the actual vendor. It's really interesting actually. So, yeah, we're just continuing to evaluate those screening options with, with national Grid.

272 "jspaeth@cityofutica.com" (115670016)
01:06:16.122 --> 01:06:22.383
Good. All right, prominent anything I don't.

273 "Romano" (618581504)
01:06:22.383 --> 01:06:25.078
I don't think there's anything new there.

274 "jspaeth@cityofutica.com" (115670016)
01:06:25.078 --> 01:06:30.158
I know you guys saw your schedule on that. 5 June, we're gonna do a brand opening of the harbor.

275 "Lisa Nagle, EDR" (1196820480)
01:06:30.158 --> 01:06:45.530
June? June? Yeah. Okay. We did actually close out the DOS paperwork, which sounds like it was easy, was not. But that was a big deal.

276 "Lisa Nagle, EDR" (1196820480)
01:06:45.530 --> 01:06:53.081
And now they're in contact the Department of States should be in contact with you mayor, about potentially joining that.

277 "jspaeth@cityofutica.com" (115670016)
01:06:53.081 --> 01:07:13.730
Okay, yeah. All right, anything else? I just have one question to the are the numbers reflected in the 1110 or are those the numbers? What's the 77 and 1807? I'm not trying to be in obstructions, but I just I I we asked a question a long time ago.

278 "jspaeth@cityofutica.com" (115670016)
01:07:13.730 --> 01:07:33.730
As to whether or not some of these numbers became scale over time. Whether or not we needed to do updates for purposes of valuation, but are those numbers thought the numbers we had agreed to with Rob several years ago was for 700 and change for the whole thing 07:48. Frank came back, Frank and came back.

279 "jspaeth@cityofutica.com" (115670016)
01:07:33.730 --> 01:07:51.821
One for the vacant land and one for the 1933 building, one was for 201 was for 02:50, so a total of 04:50. So it's from, from what we had previously those numbers, I'm not sure for those numbers.

280 "Lisa Nagle, EDR" (1196820480)
01:07:51.821 --> 01:08:04.523
Well, and Rob Rob did say that he would continue to work with those numbers, the seven, whatever that is. So yeah. I don't know but I don't know I don't understand.

281 "jspaeth@cityofutica.com" (115670016)
01:08:04.523 --> 01:08:30.035
Four fifties offering 4705 between the two parcels. But that's a fire crush of 700. And you would think that if the fact that developer's putting hotels and and and apartments up that only increases the value of the 20 product. Again, I'm not against this, I'm not being obstructives. I just want to know how we came at 1872 points.

282 "Romano" (618581504)
01:08:30.035 --> 01:08:48.603
The, The 1807 is, isn't that a per acre? So I think I think the 1.45 I didn't see the appraisal on the 33 parcel yet, but the one the one thing I noticed between 1807 per acre at 1.458.

283 "jspaeth@cityofutica.com" (115670016)
01:08:48.603 --> 01:08:50.862
Makers that came to 2701?

284 "Romano" (618581504)
01:08:50.862 --> 01:09:03.404
And the nodles appraisal that came back today, but for the same two parcels with 2905. So they're going they're like, they're 2320 $4000 off, so I don't think it was a big deal.

285 "jspaeth@cityofutica.com" (115670016)
01:09:03.404 --> 01:09:13.622
Anyone else got the five. I mean it could be a big deal though Paul, to be very honest with you as to how you went from 700 to four.

286 "Romano" (618581504)
01:09:13.622 --> 01:09:41.732
Because, well, the the original appraisal was 748000 was on four acres for some reason, well, I know what reasons because the the way the way the lines were drew at that time before we knew the boundaries of the primenad, but also included a portion of Lee Street that hadn't been abandoned yet. So there was four acres and yeah, there was it wasn't, there was four acres not on the parcels that were actually the right size and right.

287 "jspaeth@cityofutica.com" (115670016)
01:09:41.732 --> 01:09:53.895
Yeah, that's also good explanation and it's really up differently, right? But the per acre is so competitive, so. Yeah. Yeah. All right. Thanks everybody.

288 "Lisa Nagle, EDR" (1196820480)
01:09:53.895 --> 01:09:56.749
Thanks. The motion to adjourn?

289 "jspaeth@cityofutica.com" (115670016)
01:09:56.749 --> 01:10:03.275
All favor, bye.

290 "Lisa Nagle, EDR" (1196820480)
01:10:03.275 --> 01:10:04.872
Okay. Thanks.

291 "jspaeth@cityofutica.com" (115670016)
01:10:04.872 --> 01:10:31.594
Welcome Sean to the board. I just don't know Sean. Thank you. Yeah.

292 "Romano" (618581504)
01:10:31.594 --> 01:10:33.254
Hi, Runny.

293 "jspaeth@cityofutica.com" (115670016)
01:10:33.254 --> 01:10:34.860
Give me nothing.