HARRIS BEACH

ATTORNEYS AT LAW

Put

October 23, 2018

99 GARNSEY ROAD

PITTSFORD, NY 14534
. (585) 419-8800
MESSENGER RACHEL c. BARANELLO

DIRECT: (585) 4I9-8769
FAX: (585) 4 I 9-88 16


Hon. Cheryl Dinolfo I Ms. Susan Buck

Monroe County Executive Monroe County Treasury

39 West Main Street . B- 3 County Of?ce Building

County Of?ce Building 39 West Main Street

Rochester, New York 14614 Rochester, New York 14614

Ms. Lovely Warren, Mayor Mr. Randy Webb

City of Rochester Bureau of Accounting

City Hall, 30 Church Street 30 Church Street, Room 106-A

Rochester, New York 14614 Rochester, New York 14614

Mr. Michael Zazzara, Assessor 1 Ms. Barbara Deane-Williams, Superintendent

City Hall Rochester City School District

30 Church Street . 131 West Broad Street

Rochester, New York 14614 Rochester, New York 14614

Re:' County of Monroe Industrial Development Agency d/b/a Imagine Monroe Powered
By COMIDA and Anthony J. Costello Son (Spencer! Development,
LLC Project; 350 E. Henrietta Road' 1n the Gig: of Rochester, New York

Ladies and Gentlemen:

Please accept this correspondence on behalf of our client, the County of Monroe
Industrial Development Agency dfb/a Imagine Monroe Powered By COMIDA (the
"Agency"). Reference is made to that certain Payment-In?Lieu?Of?Tax Agreement, dated as of
July 9, 2015 (the Agreement"), a copy of which 1s attached hereto, among the Agency, .
Anthony J. Costello Son (Spencer) Development, LLC (the "Company"), the City of 
Rochester and the County of Monroe, wherein the Company Is obligated to make certain PILOT
Payments to the affected tax jurisdictions. Reference is further made to that certain Leaseback
Agreement, dated as of July 1, 2015, by and between the Agency and the Company, as amended
by that certain First Amendment to Leaseback Agreement, entered into among the Agency, the
Monroe County Industrial Development Corporation the Company, Anthony J.
Costello Son (Landon) Development, LLC and Anthony J. Costello Son (Samantha)
Development, LLC (as amended, the "Leaseback Agreement"), containing the obligations of the

Company to the Agency with respect to the Project and what constitutes an Event of Default, as I
such terms are de?ned therein.

The Company has failed to timely make certain PILOT Payments pursuant to the PILOT
Agreement. The Agency, City and County have placed the Company on notice of the failure to
- make such payments, which failure constitutes an Event of Default under the PILOT Agreement
and Leaseback Agreement. Such Event of Default is continuing and has not been cured.

October 23,2018 I . HARRIS BEACHE

Page 2 ATTORNEYS AT LAW 

Accordingly, this letter serves as notice that the PILOT Agreement and Leaseback Agreement
will be terminateriimmediatelv by the Agency (copies of signed termination documents are
also attached and are being sent to the Monroe County Clerk's Of?ce for recording), and then the
Project will be immediately placed on the tax rolls by the Assessor's of?ce.

Very truly yours,

?ay/44%

Rachel C. Baranello

RCB/lap
Enclosure
cc: Imagine MOnroe Powered By COMIDA
Brett Costello .
Edward P. Hourihan, Jr., Esq.

269847 4848?7468-1209 V1