NEW YORK CITY DEPARTMENT OF FINANCE • TAX & PARKING PROGRAM OPERATIONS DIVISION TM Finance INDUSTRIAL AND COMMERCIAL ABATEMENT PROGRAM PRELIMINARY APPLICATION AND INSTRUCTIONS Mail to: NYC Department of Finance, Industrial and Commercial Abatement Program, 59 Maiden Lane, 22nd Floor, New York, NY 10038 Instructions: The completed application must be accompanied by a narrative describing the project site; the proposed improvement(s); the proposed uses of the building or structure upon completion of improvements; and whether the improvements are building-wide or limited to specific building systems or renovations to particular areas (such as specific floors or lobby) of the building. There is no fee for this application. NOTE: FAILURE TO FILE AN APPLICATION FOR INDUSTRIAL AND COMMERCIAL ABATEMENT PROGRAM (ICAP) BENEFIT BEFORE RECEIPT OF THE FIRST BUILDING PERMIT OR, IF NO PERMIT IS REQUIRED, THE START OF CONSTRUCTION WILL DISQUALIFY YOU FROM RECEIVING BENEFITS UNDER THIS PROGRAM. OVERVIEW The Industrial and Commercial Abatement Program (ICAP) provides for a partial abatement of taxes for eligible industrial or commercial buildings which are constructed, modernized, rehabilitated, expanded or otherwise physically improved. As of May 18, 2011, benefits are available for electricity generating units defined as “Peaking Units.” Benefits are not available for any other utility property. Additionally, benefits for space used or held out for retail purposes may receive limited or no benefits and may disqualify a project from any benefits depending upon location of the building and/or the construction work performed. ICAP benefits are granted as of right to all applicants whose projects qualify under the provisions of the legislation. EXPIRATIONS AND FILING DATES Under the current statute, ICAP will expire March 1, 2015. Preliminary applications received after this date are late and are not eligible for benefits. CERTIFICATES OF ELIGIBILITY The Department of Finance, which administers this program, issues Certificates of Eligibility for projects which meet the program requirements. No tax benefit will be granted pursuant to this title if a property is concurrently receiving an exemption or abatement of real property tax under any other law, with a small number of exceptions such as exemptions available to property owned by not-for-profit organizations. A subsequent ICAP benefit is not available for construction work on the same portion of the property for which construction work is the subject of an abatement pursuant to the ICAP program until at least four years have elapsed since the first day of the first tax year of such prior abatement benefit. MINIMUM REQUIRED EXPENDITURES Applicants must meet Minimum Required Expenditure (MRE) targets. The MRE is a percentage of assessed value of the project in the year of the issuance of the building permit or, if no permit is required, the start of construction. The MRE is 30% of the property’s taxable assessed value in the tax year with a taxable status date immediately preceding the issuance of the first building permit, or, if no permit is required, commencement of construction. For an industrial construction project that meets an MRE of 40% or more, the project will be eligible for the additional abatement that reduces the pre-construction tax on the building or structure. FILING AND PERMITS Applicants must file a preliminary application with the Department of Finance PRIOR to the issuance of a building permit for this project or, if no permit is required, prior to the start of construction. Failure to file the preliminary application timely will disqualify an applicant from receiving any benefits under this program. If the filing requirements are met, an applicant may commence construction once the Buildings Department issues a permit. Information regarding additional filings may be found on Page B: "Program Milestones." ICAP Prelim. App. 06.01.11 PROGRAM OVERVIEW AND MILESTONES Page A American LegalNet, Inc. www.FormsWorkFlow.com Industrial and Commercial Abatement Program - Preliminary Application PROGRAM OVERVIEW AND MILESTONES - Continued BENEFIT SCHEDULE The benefit schedule for industrial projects is the same citywide. As is the benefit schedule for “Peaking Units.” For commercial projects, the City is divided into regular, renovation and special areas, the boundaries of which will be set by the Temporary Boundary Commission for the first time in 2009 and every three years thereafter. Special commercial areas designated previously under ICIP will continue to be in effect until new boundaries are set. G G G For complete ICAP Benefit Schedules, visit nyc.gov/finance MILESTONES G File preliminary application for Certificate of Eligibility with the ICAP M/WBE Compliance Report before issuance of building permit, or if no permit is required, the start of construction. G For projects $750,000 and over applicants are also required to submit a copy of the preliminary application for Certificate of Eligibility and the ICAP M/WBE Compliance Report to the Department of Finance and the Division of Labor Services at the Department of Small Business Services. G All ICAP applicants must reach out to M/WBE firms for the purpose of promoting contacting opportunities on the project. To find M/WBE firms, please access the City’s Online Directory of Certified Businesses. To search for firms by commodity codes, G G G G locations, and keywords, go to www.nyc.gov/buycertified. Notify the Division of Labor Services 15 business days before commencement of work. Submit an Employment Report for projects with construction contracts in excess of $2,500,000 for the applicant and subcontractor contracts in excess of $1,000,000. Receive a building permit, where required, prior to the commencement of construction. File completed final application for Certificate of Eligibility no later than one year after the effective date of eligibility. The effective date of eligibility is the date of the first building permit that allows construction to proceed, or if no permit is required, no later than one year from the date that construction started. Construction does not need to be complete to submit a final application, so there are no exceptions. If a final application is submitted after one year, the application will be automatically denied. Submit proof of meeting the minimum required expenditure within applicable time periods after issuance of the building permit on projects under construction or upon completion. Notify the ICAP unit in writing within 15 days of completion of project and submit final construction report within 60 days of completion. A final certificate of eligibility will then be issued. File Certificate of Continuing use biennially with the Department of Finance during the benefit period. However, an amendment to the certificate of continuing use must be filed immediately in certain circumstances when space is converted to another use. Project must be completed no later than five years from the date of the first permit. AGENCY ADDRESSES AND TELEPHONE NUMBERS NYC DEPARTMENT OF FINANCE ICAP 59 Maiden Lane, 22nd Floor New York, NY 10038 E-mail: nyc.gov/contactfinance NYC DEPARTMENT OF SMALL BUSINESS SERVICES Energy Cost Savings Program 110 William Street, 7th Floor New York, NY 10038 Telephone: 212-513-6345 NYC DEPARTMENT OF SMALL BUSINESS SERVICES Division of Labor Services Program 110 William Street, 7th Floor New York, NY 10038 Telephone: 212-513-6323 NYC ECONOMIC DEVELOPMENT CORPORATION Industrial Development Agency 110 William Street, 6th Floor New York, NY 10038 Telephone: 212-312-3600 For financing initiatives contact: NOTE THIS PRELIMINARY APPLICATION, WHEN DULY FILED, WILL FULFILL THE REQUIREMENT THAT AN APPLICATION BE MADE BEFORE ISSUANCE OF A BUILDING PERMIT OR, IF NO PERMIT IS REQUIRED, THE START OF CONSTRUCTION. HOWEVER, THE FILING OF A PRELIMINARY APPLICATION DOES NOT CONFER THE RIGHT TO ANY BENEFIT. Page B American LegalNet, Inc. www.FormsWorkFlow.com NEW YORK CITY DEPARTMENT OF FINANCE • TAX & PARKING PROGRAM OPERATIONS DIVISION INDUSTRIAL AND COMMERCIAL ABATEMENT PROGRAM TM Finance PRELIMINARY APPLICATION FOR CERTIFICATE OF ELIGIBILITY Mail to: NYC Department of Finance, Industrial and Commercial Abatement Program, 59 Maiden Lane, 22nd Floor, New York, NY 10038 This Preliminary Application, when duly filed, will fulfill the requirement that an application be made before issuance of a building permit, but does not confer the right to any benefit. Return the completed application and the required attachments to the address above. SECTION I APPLICANT INFORMATION Type or print all information 1. Name of Applicant:_______________________________________________________________________________________________________________________ Contact person (if other than applicant): ________________________________________________________________________________________________ PRINT FIRST NAME PRINT LAST NAME Address: ________________________________________________________________________________________________________ NUMBER AND STREET Telephone Number: ______________________________ Fax Number: ___________________________ Applicant’s Employer Identification Number: OR CITY STATE ZIP CODE Email Address: _____________________________________________ Applicant’s Social Security Number: 2. Name of Representative (If a representative is designated below, correspondence will be sent only to the representative): Representative Firm Name: _____________________________________________________________________________________________________________________________ Name: _________________________________________________________________________________________________________ PRINT FIRST NAME PRINT LAST NAME Address: ________________________________________________________________________________________________________ NUMBER AND STREET Telephone Number: ______________________________ CITY STATE ZIP CODE Fax Number: ___________________________ Email Address: _____________________________________________ 1. Borough: _____________________________ Block: _______________________________ Lot(s): __________________________________________________ SECTION II SITE INFORMATION 2. Site Address:___________________________________________________________________________________________________________________________ NUMBER AND STREET SECTION III PROJECT INFORMATION 1. 2. 3. 4. 5. 6. 7. Total floor area: _________________________________ square feet Type of project (check all that apply): K New building K Alteration K Addition to existing space K Industrial K Hotel K Commercial K Residential K Retail K Utility Proposed use (check all that apply): CITY 8. 9. Retail square footage: ______________________________________ Will proposed work require a building permit? If "no," continue with question #9. Has a building permit been issued? K YES K NO K YES K NO If "yes," give date: ________ /________ /________ Date of commencement or projected commencement: ZIP CODE ________ /________ /________ Will the project require any zoning change, other variance or consent from a government agency? K YES K NO If "yes," describe: __________________________________________ 10. Estimated cost of construction: $ ______________________________ STATE ________________________________________________________ Has an application been made for any other New York City Exemption or Abatement Program, for example J-51, lease abatement, ECSP, prior ICIP, ICAP etc.? K YES K NO If “no”, will you be applying for any K YES K NO If "yes," specify: ___________________________________________ 11. This application is for (check all that are applicable): 12. Are you planning to subcontract? K Industrial Abatement K Commercial Abatement K Additional Industrial Abatement K YES K NO If "yes," please list all trades: _________________________________ ________________________________________________________ ICAP Prelim. App. 06.01.11 American LegalNet, Inc. www.FormsWorkFlow.com Industrial and Commercial Abatement Program - Preliminary Application Page 2 SECTION IV AGREEMENTS AND CERTIFICATION The undersigned agrees and represents that: The applicant will comply with the Rules of the Office of the Mayor for implementation of Executive Order No. 50 (1982) or amendments relating to equal employment opportunity programs to the same extent as if the applicant was a contractor with the City of New York and will not commence construction work until at least 15 business days have elapsed without comment after filing Employment Reports for itself and each such contractor, if applicable. Employment Report forms are available from the Department of Finance and should be filed with the Division of Labor Services, 110 William Street, 7th Floor, New York, NY 10038 or call the Division of Labor Services at 212-513-6323. The applicant will also comply with and be subject to the rules issued from time to time by the Department of Finance to secure compliance with all applicable City, State and federal laws or which implement mayoral directives and executive orders designed to ensure equal employment opportunity. Under Local Law 67 of 2008, all ICAP applicants must reach out to City-certified Minority and Women-owned Business Enterprises (M/WBEs) for the purpose of promoting contracting opportunities on the project. Please submit the ICAP M/WBE Compliance Report, along with the Preliminary Application for Certificate of Eligibility, to the Division of Labor Services at the Department of Small Business Services. INDUSTRIAL AND COMMERCIAL ABATEMENT PROGRAM (ICAP) APPLICANT RESPONSIBILITY CHECKLIST CONTRACT VALUE Less than $750,000 $750,000 - $1.5 million Submit PRELIMINARY Application for Certificate of Eligibility $1.5 million - $2.5 million Greater than $2.5 million Search for firms in the Online Directory of Certified Firms     Solicit bids from at least three certified M/WBE firms for each subcontracting project* Submit a copy of the ICAP M/WBE Compliance Report to DLS      *The applicant shall maintain records demonstrating its compliance with this provision. Submit Employment Report to DLS 15 days before commencement of work Submit FINAL application for benefits stage Submit ICAP M/WBE Compliance Report to NYC Department of Finance     Ready to Search for Certified Firms? Visit www.nyc.gov/buycertified The Online Directory of Certified Businesses provides a comprehensive, searchable tool that helps city buyers and contractors identify certified Minority and Women-owned Business Enterprises (M/WBEs) throughout the New York City tri-state area. Find detailed information on certified companies, including a brief description of their work history, contact information, and detailed information about what the companies sell. I certify that the information on this application, and any accompanying documents, is, to the best of my knowledge, true correct and complete. _____________________________________________ Signature: ___________________________________________ Print Name: _____________________________________________ Title: ___________/___________/___________ Date: To inform the Department of Small Business Services (SBS) of contracting and subcontracting opportunities, or to get additional help finding M/WBEs, please contact Buyers Services at 212-513-6356 or e-mail buyer@sbs.nyc.gov. American LegalNet, Inc. www.FormsWorkFlow.com NEW YORK CITY DEPARTMENT OF FINANCE • TAX & PARKING PROGRAM OPERATIONS DIVISION TM Finance INDUSTRIAL AND COMMERCIAL ABATEMENT PROGRAM (ICAP) MI NO R ITY AN D WO MEN- O WN ED B USI N ESS EN TERPR I SES (M / WB E) C OM PLIA N CE R EPO R T Mail to: NYC Department of Finance, Industrial and Commercial Abatement Program, 59 Maiden Lane, 22nd Floor, NY 10038 The ICAP M/WBE Compliance Report—must be submitted with the Preliminary Application for Certificate Eligibility. Local Law 67 of 2008 requires that all Industrial and Commercial Abatement Program (ICAP) beneficiaries include City-certified Minority and Women-owned Business Enterprises (M/WBE) firms in construction projects for which tax abatements are granted. All ICAP applicants must reach out to M/WBE firms for the process of promoting contracting opportunities on the project. To find M/WBE firms, please access the City’s Online Directory of Certified Businesses. To search for firms by commodity codes, locations, and keywords, go to www.nyc.gov/buycertified G For projects over $750,000, ICAP applicants must indicate which outreach activities they performed by checking the boxes below. Please note applicants must keep detailed records of the outreach activities accessible at their place of business. Outreach Activities (check all that apply): K Advertised opportunities to participate in the project in general circulation media, trade and K K Provided written notices of specific opportunities to M/WBE firms inviting their participation K K K professional association publication, small business media, and publications of M/WBE organizations Held meetings with M/WBEs prior to the date their bids or proposals were due, for the purpose of explaining in detail the scope and requirements of the work for which their bids or proposals were solicited Made efforts to negotiate with M/WBEs to perform specific subcontracts, or act as suppliers or service providers Made timely requests to the NYC Department of Small Business Services for help locating certified M/WBE firms Attempted to identify interested M/WBEs not currently on the list of City-certified firms G Applicants with construction projects $1.5 million and greater must complete the above requirements as well as list at least three M/WBE firms that were solicited to perform subcontracting work for each subcontract on the project (see next page). American LegalNet, Inc. www.FormsWorkFlow.com Industrial and Commercial Abatement Program - M/WBE Compliance Report SUBCONTRACT DESCRIPTION NAME AND ADDRESS OF SOLICITED M/WBE FIRMS 1. Page 2 AMOUNT SOLICITED RESPONDED AWARDED MM/DD/YY MM/DD/YY MM/DD/YY 2. 3. SUBCONTRACT DESCRIPTION NAME AND ADDRESS OF SOLICITED M/WBE FIRMS 1. AMOUNT SOLICITED RESPONDED AWARDED MM/DD/YY MM/DD/YY MM/DD/YY 2. 3. SUBCONTRACT DESCRIPTION NAME AND ADDRESS OF SOLICITED M/WBE FIRMS 1. AMOUNT SOLICITED RESPONDED AWARDED MM/DD/YY MM/DD/YY MM/DD/YY 2. 3. If you have completed the Compliance Report you must also submit a copy of this page. American LegalNet, Inc. www.FormsWorkFlow.com