ST. LAWRENCE COUNTY INDUSTRIAL DEVELOPMENT AGENCY Resolution No August 23, 2012

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1 ST. LAWRENCE COUNTY INDUSTRIAL DEVELOPMENT AGENCY Resolution No August 23, 2012 AUTHORIZING LEASE-PURCHASE AND PILOT AGREEMENT FOR INDUSTRIAL BUILDING ON LOT 13 IN THE MASSENA INDUSTRIAL PARK WITH CURRAN RENEWABLE ENERGY, LLC WHEREAS, the St. Lawrence County Industrial Development Agency (the "SLCIDA") is authorized and empowered by Title 1 of Article 18-A of the General Municipal Law of the State of New York (the "State") as amended, and Chapter 358 of the Laws of 1971 of the State, as amended (collectively, the "Act") to promote, develop, encourage and assist in the acquiring, constructing, reconstructing, improving, maintaining, equipping and furnishing of industrial, manufacturing, warehousing, commercial, research, and recreation facilities, including industrial pollution control facilities, railroad facilities and certain horse racing facilities, for the purpose of promoting, attracting, encouraging and developing recreation and economically sound commerce and industry to advance the job opportunities, health, general prosperity and economic welfare of the people of the State, to improve their recreation opportunities, prosperity and standard of living, and to prevent unemployment and economic deterioration, and WHEREAS, the SLCIDA will accept from the St. Lawrence County Industrial Development Agency Local Development Corporation (the SLCIDA-LDC ) a leasehold interest in the property known as Lot 13 of the Massena Industrial Park situated at 26 Trade Road, Massena, New York, and WHEREAS, Curran Renewable Energy, LLC has tendered an offer to purchase the Industrial Building located on said Lot 13, and WHEREAS, pursuant to and in accordance with Title I of Article 18-A 859-a of the General Municipal Law, the SLCIDA duly scheduled, noticed and conducted a public hearing on August 8, 2012 with respect to the Project, notice of which was published in the Advance, the Watertown Daily Times, and the Daily-Courier Observer, respectively, on July 22, 2012, July 23, 2012 and July 24, 2012, at least 10 days prior to the date of the public hearing, and the SLCIDA prepared a report of the public hearing which fairly summarizes the views presented at said public hearing and distributed same to the members of the SLCIDA whereat interested parties were provided a reasonable opportunity, both orally and in writing, to present their views; the minutes of such public hearing, along with the notice of public hearing published and forwarded to the affected taxing jurisdictions on July 17, 2012, (22) days prior to said public hearing, are attached hereto as Exhibit A; and WHEREAS, there has been enacted into law Article 8 of the New York Environmental Conservation Law, Chapter 612 of the 1975 Laws of the State of New York, as amended (the Environmental Act ), which provides for the review of certain actions undertaken by State and local agencies for the purpose of regulating such activities in order that proper consideration be given to the prevention of environmental damage, and WHEREAS, provision of economic assistance to industrial projects by the SLCIDA is an action as that term is defined in the Environmental Act, which must be evaluated by the

2 SLCIDA to determine its environmental effect, and WHEREAS, in accordance with the Environmental Act, the SLCIDA conducted an environmental review of the project, a copy of which is attached hereto as Exhibit B, and WHEREAS, the review has found that the project will not have a significant adverse impact on the environment, NOW, THEREFORE, BE IT RESOLVED by the St. Lawrence County Industrial Development Agency determines as follows: a. That the purchase of a general purpose industrial building on Lot 13 in the Massena Industrial Park, Village of Massena, St. Lawrence County, New York, by Curran Renewable Energy, LLC will not have significant effect on the environment within the meaning of the Environmental Act and Regulations, and b. That all proper officers of the SLCIDA and their successors or designees are authorized and directed to file, report and publish this declaration in and with the offices and publications required by the Environmental Act, and BE IT FURTHER RESOLVED that the St. Lawrence County Industrial Development Agency does hereby authorize its Chief Executive Officer to execute any and all documents, subject to advice of SLCIDA Legal Counsel, necessary to effectuate a Lease-Purchase and PILOT agreement based on a sale price of $600,000 under the following terms and conditions: Term: Rental Rate: PILOT: Employment: 15 years $600,000 with an additional $100,000 loan from the SLCIDA-LDC allocated to the company after the company documents its expenditures on environmental control equipment at its Massena pellet plant Standard IDA PILOT Retention of 100 jobs at Curran Renewable Energy, LLC and/or Seaway Timber Harvesting, Inc. Move: McMahon Second: LaBaff I HEREBY CERTIFY that I have compared this copy of VOTE AYE NAY ABSTAIN ABSENT this Resolution with the original record in this office, and Blevins X that the same is a correct transcript thereof and of the Hall X whole of said original record. LaBaff X McMahon X Peck X Staples X Natalie A. Sweatland Weekes X August 23, 2012

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10 Exhibit B

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12 (3/99)-9c State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Exhibit B SEQR Project Number Date: This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The as lead agency, has determined that the proposed action described below will not have a significant environmental impact and a Draft Impact Statement will not be prepared. Name of Action: SEQR Status: Type 1 G Unlisted G Conditioned Negative Declaration: Description of Action: G Yes G No Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.)

13 Exhibit B SEQR Negative Declaration Page 2 of 2 Reasons Supporting This Determination: (See 617.7(a)-(c) for requirements of this determination ; see 617.7(d) for Conditioned Negative Declaration) If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period (not less than 30 days from date of pubication In the ENB) For Further Information: Contact Person: Address: Telephone Number: For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to: Chief Executive Officer, Town / City / Village of Other involved agencies (If any) Applicant (If any) Environmental Notice Bulletin, Room 538, 50 Wolf Road, Albany NY, (Type One Actions only)