RETAIL SPACE AT AUDUBON BALLROOM LEASING OPPORTUNITY FOR 3940 REQUEST FOR PROPOSALS

I.

Page 1 of 24

Table of Contents

I. EXECUTIVE SUMMARY ...... 3 II. SPACE DESCRIPTION ...... 4 III. OFFER CONDITIONS ...... 5 IV. SELECTION CRITERIA ...... 6 V. AWARD ...... 6 VI. MISCELLANEOUS ...... 8 Appendix 1: Space Location Map ...... 10 Appendix 2: Land Use Map ...... 11 Appendix 3: Transportation Map ...... 12 Appendix 4: Response to RFP ...... 13 Appendix 5: Local Law 34 – Doing Business Data Form & PASSPort ...... 16 Appendix 6: Conditions, Terms and Limitations ...... 17 Appendix 7: Economic Development Hiring and Workforce Programs ...... 20 Appendix 8: Statement of Agreement ...... 22 Appendix 9: M/WBE Participation Plan ...... 23 Appendix 10: Intent to Perform as Subcontractor Form ...... 24

Page 2 of 24

I. EXECUTIVE SUMMARY

New York City Economic Development Corporation ("NYCEDC"), on behalf of the City of (the “City”), is seeking qualified responses to this Request for Proposals (the “RFP”) to lease Unit A (the “Space”) with approximately 3,788 square feet of commercial retail space in the Audubon Ballroom Building (the “Building”) located at 3940 Broadway, New York, NY 10032. The City and NYCEDC are committed to continuing the success of this asset that provides vital commercial retail goods and service to the Washington Heights neighborhood.

The Space represents a premier leasing opportunity and offers a number of unique advantages to respondents (“Respondents”):

Location Advantage

Situated in healthcare cluster that provide a stable customers base; local amenities enhance employee recruitment

Access

Superior transportation access attracts customers from other boroughs and leads to ease of employees' commutes

Visibility

Historic building with beautiful façade and large glass windows offers high visibility

Each of these compelling features is described in greater details below.

Page 3 of 24

Location Advantage

The Space is located within walking distance to major neighborhood employers, which includes New York-Presbyterian/ Irving Medical Center, New York Presbyterian Morgan Stanley Children’s Hospital (both are part of the New York- Presbyterian healthcare system with almost 20,000 full-time employees) and Columbia University’s medical center campus servicing 3,445 students and 2,515 employees. The cluster of healthcare employers provides stable customer base with high buying power for the retail goods and service provided by the Respondent.

The nearby Mitchel Square Park and Two Riverside Drives Park offers ample of public open space for outdoor recreational activities and promote good health among local residents and employees. Accessibility and proximity to these amenities increase the Space’s attractiveness, in turn improving the ability to recruit and retain employees.

Access

The Space, as show in Appendix 1, is easily accessible via public transportation and located about 1 block south of the 168th Street subway station with service on the 1, A and C lines. It is also conveniently served by bus lines M2, M3, M4, M5, M100 and Bx7 (see Appendix 3). These transportation options bring foot traffic from other boroughs and make employees’ commute relatively easy.

Visibility

The Space is situated at the corner of St. Nicholas Avenue, between 165th and W 166th Streets and can be easily identified. The Space is within the Audubon Ballroom Building, which was built in 1913 and designed with distinctive terracotta façade and various ornamentations and colors. However, the Building is best known as a memorial dedicated for legacy in the Civil Rights Movement. The Malcolm X Memorial attracts visitors from not just but also other states.

In addition, the large glass windows on the Space offers customers the perfect visibility to see the retail goods and service provided by the Respondent.

II. SPACE DESCRIPTION

The Building is owned by the City of New York (the “City”) and leased to NYCEDC pursuant to a master lease (the “Master Lease”), which includes the Space as well as Unit B and Unit C described below.

Page 4 of 24

Unit A, which is the subject of this RFP depicted in the plan below and currently subleased to Chase Bank, has approximately 3,788 square feet of ground floor retail space. Unit A is built out as a bank branch, with retail/lobby space with ceramic commercial tile and carpeted floors, painted drywall and glass partitions, and drop ceilings with 2’x2’ tiles and recessed fluorescent lighting. The floor to ceiling height is 9-10 feet. Space allocation includes an ATM area (3), teller area (9), as well as office cubicles, rest rooms and an employee lunchroom.

The other two units, which are not a part of this RFP are as follows: Unit B is designated as a memorial for Malcolm X, which has approximately 5,500 square feet of educational exhibit and event space; and Unit C, leased to Community Association of Progressive Dominicans, which has approximately 4,300 square feet of space providing outpatient health services to residents of Northern and .

III. OFFER CONDITIONS

The Space is being offered for lease for an initial term of 5 to 10 years commencing on or after November 1, 2019. Respondents can request in their proposal renewal options for a period not to exceed, in the aggregate, an additional ten (10) years. In total, the initial term and all renewal term(s) may not exceed 15 years. The sublease (referred to herein as the “Lease”) will be triple net, requiring the selected Respondent (referred to herein as the “Tenant”) to be responsible for all costs associated with Unit A. These costs include, but are not limited to: insurance, utilities, ongoing maintenance, and security.

NYCEDC prefers an annual lease payment escalation of at least 3% (compounded annually) over the Initial Term and the Renewal Term. The proposed lease payments will be evaluated

Page 5 of 24

against an appraisal commissioned by NYCEDC and paid for by the selected Respondent. The Renewal Term rent will be the greater of an updated appraised value or the then current Base Rent being paid, as annually escalated.

IV. SELECTION CRITERIA

The following selection criteria will be used in reviewing submissions and selecting a proposal:

 Readiness of a Respondent to enter into a Lease, including:

o Commencement date of the Lease

o Term proposed

o Length of fit-out schedule

o Respondent’s willingness to accept the proposed lease terms;

 Economic proposal, including rent and any other factors contributing to financial return for the life of the Lease;

 Economic and social return to the City including: number and quality of jobs to be provided; social outcome such as: public health, safety, welfare and benefit to the City;

 Proposals that maximize participation in the following programs will be viewed as most competitive: Minority and Women-owned Business Enterprises Program Plan (the target participation goal for the proposed Lease is 15%-30%); HireNYC; Living Wage and Prevailing Wage programs and Local Law 34 of 2007 (See Appendix 7 for more information);

 Respondent’s qualifications, including financial resources, qualifications and experience, business plan, proposed use, type of product and/or service to be provided at the location;

 Conforming with all uses contained in Use Group 6 of the New York City Zoning Resolution, subject to limited restrictions.

V. AWARD

This RFP will be open from April 6, 2018 to May 4, 2018.

Response Requirements and Submission Instructions

 Response to RFP: Proposed lease terms, including proposed use, rent escalation, any percentage rent and number of employees at the proposed location (Using Appendix 4).

Page 6 of 24

 Financial Information: Certified financial statements for the prior three years and in the event that such certified financial statements are not available, three years of the principle’s personal income tax returns.

 Qualifications: Respondent team’s experience, management and operational skills necessary to operate at the Space.

 Schedule: Illustrative schedule (in months) showing tenant fit-out timeline and operations start date.

RFP Timetable

Release of RFP………………………..……………………..April 6, 2018 Submit questions and/or clarifications by …………………April 20, 2018 at 5:00 pm Answers to Questions by…………………………………....April 27, 2018 Proposal Response Submission Date…………………..…May 4, 2018 at 4:00 pm

Respondents may submit questions and/or clarifications from NYCEDC no later than 5:00 pm on Friday, April 20, 2018. Questions regarding the subject matter of this RFP should be directed to [email protected]. Answers to all questions will be posted by Friday, April 27, 2018, to www.nycedc.com/RFP.

For all questions that do not pertain to the subject matter of this RFP please contact NYCEDC’s Contracts Hotline at 212.312.3969.

NYCEDC shall be the sole judge of each Respondent’s conformity with the requirements of this RFP and of the merits of the Respondent’s proposal. NYCEDC reserves the right to amend, modify or withdraw this RFP, to waive any requirement of this RFP, to require supplemental statements and information from any respondents to this RFP, to award a Lease to as many or as few or none of the Respondents as may be selected and to accept or reject any or all Proposals received in response to this RFP.

Pursuant to Local Law 34 of 2007, amending the City's Campaign Finance Law, the City is required to establish a computerized database containing the names of any "person" that has "business dealings with the City" as such terms are defined in the Local Law. In order for the City to obtain necessary information to establish the required database, Respondents are required to complete the Doing Business Data Form, which can be found in the URL link provided in Appendix 5. Each respondent will be subject to a background check which will require submission of a completed and notarized copy of the NYCEDC Internal Background Investigation Questionnaire, which can be found in the URL link provided in Appendix 5. Each Respondent must submit a statement signed by an authorized principal or officer of the Respondent that the respondent has read this RFP and the appendices fully and agrees to the terms and conditions set forth therein attached hereto as Appendix 6. NYCEDC is committed to a program of economic development that supports communities, helps create job opportunities, and strengthens employment opportunities for low-income persons, enabling them to participate in New York City’s economic growth. In furtherance of these goals, Proposals that maximize participation in the following programs will be viewed as most competitive: Minority and Women-owned Business Enterprises Program Plan Plan (the

Page 7 of 24

target participation goal for the proposed Lease is 15%-30%); HireNYC; Living Wage and Prevailing Wage programs and Local Law 34 of 2007. See Appendix 7 for more information.

Proposals may be submitted at any time pursuant to this RFP until 4:00 pm of the Proposal Response Submission Date of May 4, 2018, Each proposal response must contain a completed Response to RFP form which is included in Appendix 4, a completed Doing Business Data Form, along with a completed and notarized copy of the NYCEDC Internal Background Questionnaire, a signed statement (Appendix 8) and a completed M/WBE Participation Plan (Appendix 9) and Intent to Perform as Subcontractor Form (Appendix 10), if applicable, and the response requirements described above.

How to Submit

Five (5) copies of the proposal labeled “Retail Space at Audubon Ballroom” on the envelope must be submitted to and received by NYCEDC by Friday, May 4, 2018 at 4:00 pm. Such proposals must be delivered to the following address:

New York City Economic Development Corporation 110 William Street, 4th Floor Mailroom New York, New York 10038 Attn: Maryann Catalano, Chief Contracting Officer, Contracts.

Brokers

NYCEDC invites the participation of real estate brokers acting on behalf and with the authorization of identified principles subject to the terms of NYCEDC’s standard Brokerage Agreement which is available upon request.

Proposals will be made available to the public

Please be aware that pursuant to the Public Authorities Accountability Act of 2005, all proposals from this RFP will be disclosed to the public on June 1, 2018, at NYCEDC’s offices located at 110 William Street, 4th Floor, New York, NY at 2:00 pm.

VI. MISCELLANEOUS

This RFP and any transactions resulting therefrom are subject to the conditions, terms and limitations set forth in Appendix 6. It is the Respondent's responsibility to conduct its own due diligence of the Space and the Building. The Space Unit A is offered in "as is" condition. Neither NYCEDC nor the City makes any representation as to the condition of the Space or any part of the Building or their suitability for any use. Proposed sublessee(s) may need to hire qualified personnel or consultants to support the viability of its particular use.

General Disclosure: This RFP is based upon NYCEDC’s rights from the City under the Master Lease for subleasing The Audubon Ballroom Building and any transactions resulting from this

Page 8 of 24

RFP are subject hereto and to the conditions, terms and limitations set forth in the Master Lease as may be amended from time to time.

NYCEDC is dedicated to furthering the participation of minority- and women- owned businesses in its work. All respondents are urged to include in their proposals methods for facilitating the participation in the project of businesses that have been certified by the New York City Department of Small Business Services (“DSBS”) as being women-owned or minority-owned. Businesses that have been certified as being women- or minority-owned by the Port Authority of New York and New Jersey may be eligible to receive expedited certification from DSBS after completing the DSBS “Expedited Certification Affidavit”, which may be obtained by called DSBS at (212) 513- 6311.

NYCEDC has adopted an M/WBE program to further participation by minority-owned business enterprises (“MBEs”) and women-owned business enterprises (“WBEs”, together with “MBEs” collectively referred to as “M/WBEs”) in NYCEDC-related projects. M/WBEs are certified by the New York City Department of Small Business Services (“SBS”) in accordance with Section 1304 of the City Charter.

For any new construction or substantial renovation project, the target Participation Goal for the proposed Lease is 15%-30%. NYCEDC will give preference to Respondents who submit a plan to address M/WBE participation in the Project during the design and construction components of work related to the Project (please see Appendix 9 – M/WBE Participation Plan and Appendix 10 - Intent to Perform as Subcontractor Form).

Page 9 of 24

Appendix 1: Space Location Map

Page 10 of 24

Appendix 2: Land Use Map

Page 11 of 24

Appendix 3: Transportation Map

Page 12 of 24

Appendix 4: Response to RFP

Additional pages may be included if necessary.

A: Respondent information:

Company Name: ______

Address: ______

______

Telephone ______

E-Mail: ______

Employer ID Number: ______

Principals’ Names/Title/% Ownership:

______

Primary Business Activity:

______

Description of Business:

______

Years of Existence:

______

Primary Clients:

______

Current Location:

______

Page 13 of 24

Projected Expansion or Relocation to 3940 Broadway? Describe Needs:

______

______

Number of Employees at the proposed location (full and part time):

______

B: Detail proposed use including but not limited to number of occupants, description of goods sold or services rendered, days and hours of operation, security requirements, proposed work to the Space premises, etc. (additional pages may be included):

______

______

______

C: Proposed rent expressed in dollars per square foot plus escalations (additional pages may be included):

______

D: Term of Lease including Options:

Initial Term: ______

First Renewal: ______

Second Renewal: ______

E: Rent per Square Foot: ______

F: Broker Information (if applicable):

Page 14 of 24

Company: ______

Name of Broker: ______

Address: ______

Telephone: ______

E-mail: ______

[RESPONDENT]

By: ______

This Response to RFP is written in response to the “Retail Space at Audubon Ballroom, Leasing Opportunity for 3940 Broadway Request for Proposals”, which can be found at www.nycedc.com/rfp and is subject to the terms therein.

Page 15 of 24

Appendix 5: Local Law 34 – Doing Business Data Form & PASSPort

Doing Business Data Form

All entities doing or seeking to do business with the City, as well as their principal officers, owners and senior managers must follow the procedures established in Local Law 34, as amended, of the Administrative Code of the City of New York. In order to avoid the actual link or appearance of a link between governmental decisions and large campaign contributions, lower municipal campaign contribution limits apply to any person listed in the Doing Business Database.

Respondents must complete a Standard Doing Business Data Form, which is available in the URL link below, along with its proposal in a separate sealed envelope labeled “Doing Business Data Form.” https://www1.nyc.gov/assets/hra/downloads/pdf/business/doing_busines_data_form.pdf

PASSPort

In order to enter into an agreement with the NYCEDC, the Operator and its principals must register with the New York City Mayor’s Office of Contract Services’ Procurement and Sourcing Solutions Portal (“PASSPort) and complete a vendor enrollment package (collectively, the “Background Clearance Package”) which is available on the PASSPort website at: http://www1.nyc.gov/site/passport/index.page

Page 16 of 24 Appendix 6: Conditions, Terms and Limitations

NYCEDC, in consultation with the City of New York (the “City”), is issuing this RFP to lease Unit A space within the Audubon Ballroom Building. In addition to those stated elsewhere, this RFP and any transaction resulting are subject to the conditions, terms and limitations stated below:

A. The Unit A space is to be disposed of in “as is”, “where is” and “with all faults” condition and is to be leased subject to all applicable title matters.

B. The City and NYCEDC, and their respective officers, employees, and agents, make no representation or warranty and assume no responsibility for the accuracy of the information set forth in this RFP, the physical condition of the space, the status of title thereto, its suitability for any specific use, the absence of hazardous waste, or any other matter. All due diligence is the responsibility of the respondent and respondents are urged to satisfy themselves with respect to the physical condition of the Unit A space, the information contained herein, and all limitations or other arrangements affecting the Unit A space. Neither NYCEDC nor the City will be responsible for any injury or damage arising out of or occurring during any visit to Unit A space.

C. The proposed use shall conform to, and be subject to, the provisions of the New York City Zoning Resolution, all other applicable laws, regulations, and ordinances of all federal, state and city authorities having jurisdiction, and any applicable urban renewal plan, design guidelines or similar development limitations, as all of the foregoing may be amended from time to time. Without limiting the foregoing, the sublease of the Unit A space to the selected subtenant shall be subject to the approval of NYCEDC’s Board of Directors and the regulations of the New York State Public Authorities Accountability Act (“PAAA”).

D. A respondent submitting a proposal in response to this RFP may be rejected if it or, if the respondent is a business entity, any of its principal shareholders, principals, partners or members is determined, in NYCEDC’s sole discretion, to be within a category of persons or entities with whom or which NYCEDC will not generally do business or otherwise not be a “qualified person” as defined by the City. Respondent and all officers and principals thereof must complete a background questionnaire and shall be subject to investigation by NYCEDC and the City’s Department of Investigation. Any designation may be revoked in NYCEDC’s sole discretion in the event any derogatory information is revealed by such investigation.

E. Neither NYCEDC nor the City is obligated to pay and shall not pay any costs incurred by any respondent at any time unless NYCEDC or the City has expressly agreed to do so in writing.

F. This is a Request for Proposal and not a Request for Bids. NYCEDC shall be the sole judge of each response’s conformance with the requirements of this RFP and of the merits of the individual proposals. NYCEDC reserves the right to waive any conditions or modify any provision of this RFP with respect to one or more respondents, to negotiate with one or more of the respondents with respect to the Unit A space, to require supplemental statements and information from any respondents, to establish additional terms and conditions, to encourage respondents to work together, or to reject any or all responses, if in its judgment it is in the best interest of NYCEDC and the City to do so. If all proposals are rejected, this RFP may be withdrawn and the Unit A space may be retained, and re-offered

Page 17 of 24

for lease under the same or different terms and conditions or methods. In all cases, NYCEDC shall be the sole judge of the acceptability of the proposals. NYCEDC will enforce the submission deadline stated in the RFP. The timing of the conditional selection may differ depending upon the degree to which further information on individual proposals must be obtained or due to other factors that NYCEDC may consider pertinent. All proposals become the property of NYCEDC.

G. In the event NYCEDC shall opt to select and conditionally designate a respondent on the basis of the responses to this RFP, NYCEDC reserves the right, in connection with such selection and designation process, to conduct Space visits and/or interviews and/or to request that respondents to this RFP make such presentations and/or demonstrations as NYCEDC deems applicable and appropriate. Although discussions may be conducted with respondents submitting acceptable responses to this RFP, NYCEDC reserves the right to conditionally designate a respondent on the basis of initial responses received pursuant to this RFP without discussions; therefore, each respondent’s initial response should contain its best programmatic, technical and lease terms. It is expected that, under such a scenario, NYCEDC shall rank respondents in accordance with the selection criteria herein, and then consider lease terms, including, for example, rental rates, by negotiating fair and reasonable terms with the highest ranked respondent(s). In the event that NYCEDC has chosen to negotiate a fair and reasonable rental rate with the top-ranked respondent, but such term is not successfully negotiated, NYCEDC may conclude such negotiations, and enter into negotiations with the next ranked respondent(s), as it may deem appropriate. Rent and other financial terms proposed by a respondent shall be irrevocable until contract award, if any, unless the respondent’s response is withdrawn. This shall not limit the discretion of NYCEDC to request respondents to revise proposed financial terms through the submission of best and final offers and/or the conduct of negotiations.

H. All terms in this RFP related to the permitted use and bulk of the Units shall be as defined in the New York City Zoning Resolution and any applicable Urban Renewal Plan, design guidelines, or similar development limitations and controls. Where any conflict arises in such terms, the most restrictive shall prevail.

I. This transaction will be structured as a “net” deal to NYCEDC, with the respondent being responsible for all fees relating to the project and all costs incurred by NYCEDC including, but not limited to, costs for outside legal counsel, if any, studies, and outside consultants

J. NYCEDC is dedicated to furthering the participation of minority and women-owned businesses in its work. All respondents are urged to include in their proposals methods for facilitating the participation in the project of businesses that have been certified by the New York City Department of Small Business Services (“SBS”) as being women-owned or minority-owned. Information about NYC SBS M/WBE Certification process can be found at www.nyc.gov/getcertified.

K. All proposals and other materials submitted to NYCEDC in response to this RFP may be disclosed in accordance with the standards specified in the Freedom of Information Law, Article 6 of the Public Officers Law (“FOIL”). The entity submitting a proposal may provide in writing, at the time of submission a detailed description of the specific information contained in its submission, which it has determined is a trade secret and/or which, if disclosed, would

Page 18 of 24

substantially harm such entity’s competitive position. This characterization shall not be determinative, but will be considered by NYCEDC when evaluating the applicability of any exemptions in response to a FOIL request.

L. In furtherance of NYCEDC’s mission of economic development, the disposition of the Unit A space will be subject to NYCEDC’s standard provisions for similar transactions. The lease agreement with the respondent may contain use, development and/or maintenance obligations as well as restrictions on use and assignment of the Unit A space. Failure to comply with these restrictions may result in a right by NYCEDC or the City to re-enter and re-acquire the Unit A space for no consideration and/or terminate the lease without penalty.

M. Upon submission of a proposal to this RFP, respondents, and their representatives and agents, shall treat their proposals and all information obtained from NYCEDC or the City in connection with this RFP (the “Confidential Information”) confidentially, and shall not discuss, publish, divulge, disclose or allow to be disclosed the Confidential Information to any other respondents or any other person, firm or entity, including press or other media, without NYCEDC’s prior written approval. Respondents shall refer all press and other inquiries concerning the Offer and the Confidential Information, without further comment, to NYCEDC.

Page 19 of 24

Appendix 7: Economic Development Hiring and Workforce Programs

NYCEDC is committed to a program of economic development that supports communities, helps create job opportunities, and strengthens employment opportunities for low-income persons, enabling them to participate in New York City’s economic growth. In furtherance of these goals, Respondents should submit a proposal that contemplates compliance with and participation in the following programs, as applicable.

Minority and Women-owned Business Enterprises Program Plan

Section 6-129 of the Administrative Code of the City of New York (hereinafter “Section 6- 129”) establishes a program for participation in City procurement by minority-owned business enterprises (“MBEs”) and women-owned business enterprises (“WBEs”, together with “MBEs” collectively referred to as “M/WBEs”), certified in accordance with Section 1304 of the City Charter by the New York City Department of Small Business Services (“DSBS”). NYCEDC has adopted an M/WBE program to further participation by MBEs and WBEs in NYCEDC related projects.

Respondents must submit a plan to address M/WBE participation in the project during the design and construction components of work related to the proposal (“M/WBE Participation Proposal” and “Intent to Perform as Subcontractor Form”).

HireNYC

NYCEDC recognizes the importance of creating employment opportunities for low-income persons, enabling them to participate in the City’s economic growth.

The HireNYC Permanent Program applies to all projects producing ten (10) or more permanent jobs over the life of the project. Participation in this program requires the Tenant to use good faith efforts to achieve the hiring and workforce development goals and to comply with program requirements, which are described in additional detail in Participation in NYCEDC’s HireNYC Permanent Program applies only to projects producing ten (10) or more permanent jobs. Respondents for projects producing ten (10) or more permanent jobs over the life of the project must submit a proposal that includes a HireNYC Permanent program plan addressing how respondent will seek to achieve the goals and perform the requirements of NYCEDC’s HireNYC Permanent Program.

Wage Regulations and Requirements:

Living Wage and Prevailing Wage

The Living Wage Act, as expanded by Executive Order No. 7 (collectively, the “Living

Wage Requirements”), as well as the Prevailing Wage Law (collectively, the “Prevailing Wage Law”), apply to certain companies that receive at least $1 million of financial

Page 20 of 24

assistance from the City and/or NYCEDC. The respondent will be subject to the Living Wage Requirements, and the Prevailing Wage Law, as applicable.

In addition, NYCEDC is committed to ensuring its projects meet wage goals set forth in the Living Wage Requirements and the Prevailing Wage Law, regardless of applicability. NYCEDC will give preference to proposals in which respondents demonstrate wages and benefits paid to all employees of the respondent will meet or exceed the living wage and wages and benefits paid to building service employees at the Building will meet the prevailing wage.

Respondent’s proposal should include the proposed wages to be paid and supplemental benefits to be provided to employees of the respondent who are expected to be employed at the Building.

Please be sure that you review and understand all of the Living Wage Requirements and the requirements of the Prevailing Wage Law to understand how these requirements will affect the project.

Contractual provisions implementing the Living Wage Requirements and the requirements of the Prevailing Wage Law will be incorporated into the Lease.

Local Law 34

All entities doing or seeking to do business with the City, as well as their principal officers, owners and senior managers must follow the procedures established in Local Law 34, as amended, of the Administrative Code of the City of New York. In order to avoid the actual link or appearance of a link between governmental decisions and large campaign contributions, lower municipal campaign contribution limits apply to any person listed in the Doing Business Database.

Page 21 of 24

Appendix 8: Statement of Agreement

SAMPLE

(On company letterhead)

Date:

New York City Economic Development Corporation 110 William Street, 4th Floor New York, NY 10038 Attn: Maryann Catalano, Chief Contracting Officer, Contracts

Dear Ms. Catalano: This letter hereby certifies that [respondent] has read the RETAIL SPACE AT AUDUBON BALLROOM LEASING OPPORTUNITY FOR 3940 BROADWAY REQUEST FOR PROPOSALS and the appendices fully and agrees to the terms and conditions set forth in the RFP and the appendices.

Sincerely,

Respondent Respondent Title [must be authorized principle or officer of the respondent]

Page 22 of 24

Appendix 9: M/WBE Participation Plan

Page 23 of 24

Appendix 10: Intent to Perform as Subcontractor Form

Page 24 of 24