Contractual Agreements between Columbia and the State of NY

(Empire State Development Corporation, ESDC)

Contract Formation

Offer Acceptance Consideration

Offer Columbia offered to give Community Benefits and infrastructure improvements in return for the State of NY using Eminent Domain to seize 17 acres of Manhattan real estate

Acceptance

The State of NY accepted

Consideration

Money Infrastructure Improvements Community Benefits Agreement

General Project Plan (GPP)

In December of 2008 Columbia and NY State signed GPP

GPP

Memorandum of understanding Incorporated CBA

Declarations of Covenants and Restrictions

Contract was signed th December 14 , 2011 by State of NY, City of NY, and Columbia CONTRACT FORMED

Community Benefits Highlights

GPP Monitor 40% of 7,000 jobs to Minority and Local Residents 25% MWBE goal for construction and professional services on all contracts and subcontracts Shuttle bus service for the elderly Mobile dental care for pre-school children Dental screening for seniors

Community Benefits Highlights Cont.

40 scholarships per year to Columbia School of Engineering New Public Middle and HS Math & Science / Upper Manhattan Middle Students Teachers College Demonstration School Medical Technician Training Program Vaiduct Improvement (125th & Broadway) 94,000 GSF publicly accessible space walking paths, landscaping, seating etc.

Columbia in Breach of Contract

Stated publically architectural services not apart of Contact Stated publically that slurry wall (big ditch) not apart of Contract Suspect that Columbia is in breach of other significant portions of Contract

Enforcement

State of NY and City of NY Specific Performance Liquidated damages

How Do We Respond?
1) Demand State and City of NY enforce contract as to Community Benefits 2) Pass resolution on todays agenda 3) Hold parties who are empowered to protect our interest accountable

Conclusion

Future generations are counting on us to protect their benefits