N.Y. Comp. Codes R. & Regs. tit. 21 § 2164.10

Current through Register Vol. 46, No. 50, December 11, 2024

Section 2164.10 - Required certifications and supporting documents

(a) In the event that a municipality has selected a designee to submit a proposal on its behalf, then a statement from such municipality that it concurs with the proposed project or program.

(b) A statement by the eligible applicant as to the status of all public approvals and clearances required to undertake and construct the project, including review under the State Environmental Quality Review Act (SEQRA) and the State Historic Preservation Act (SHPA) and an estimated timetable for obtaining all approvals not yet obtained.

(c) A commitment by all profitmaking participants (including developers, contractors, consultants, etc.) to guarantee the estimated costs for a specified time period and to accept the corporation's established limit on profits.

(d) Evidence of developers', contractors', etc. ability to secure binding 100- percent payment and performance bonds or other methodologies to assure full payment and timely completion.

(e) Evidence of site control (options, contracts of sale, deeds, or public commitment to make site available, contingent only upon the award of assistance under the act) and an independent appraisal of the value of the site(s) if the total development cost of the project(s) or program includes any costs of acquisition of the site(s) or the value of the site provided to the project(s) or program.

(f) All commitments, satisfactory to the corporation, for the financing of the project(s) or program in an amount sufficient to complete the construction of the project. All such commitments will be contingent only upon the award by a grantee of a contract or commitment for payments, grants or loans to be made under the act, except that conditions normally included in such commitments and which, in the sole opinion of the corporation, are acceptable, will be deemed to satisfy the requirements of this section.

(g) Evidence of the commitment for other types of public assistance in the form of land donation, tax exemption/tax abatement, infrastructure development, etc.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 2164.10