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Massachusetts Gaming Commission 101 Federal Street, 12th Floor Boston, MA 02110 2016 COMMUNITY MITIGATION FUND, RESERVE / SPECIFIC IMPACT APPLICATION (CHECK BOX IF REQUESTING THE CREATION OF A MITIGATION RESERVE FUND FOR A COMMUNITY ‘APPLICATIONS DUE NO LATER THAN FEBRUARY 1, 2016, For anyone with specfle impacts, please complete the gray boxes 1-4 begining on page 2. Ifyou are tot applying for milgaion of specific Impacts by February 1, 2016, you do mot need to complete ‘grayed boxes 14. Hampden County Sheriff's Department rt |. NAME OF MUNICIPALITY/GOVERNMENT ENTITVDISTRICT Hampden County Sheriffs Department 2. “DEPARTMENT RECEIVING FUNDS 1 Christofori, CFO. a 3. NAME AND TITLE OF INDIVIDUAL RESPONSIBLE FOR HANDLING OF FUNDS 627 Randall Rotd, Ludlow, MA 01056 4. “ADDRESS OF INDIVIDUAL RESPONSIBLE FOR HANDLING OF FUNDS 413-858-0114, BULChristofori@sdhstatema.us ‘5. PHONE # AND EMAIL ADDRESS OF INDIVIDUAL RESPONSIBLE FOR HANDLING OF FUNDS. Michael J. Ashe, Jr, Sheriff 6. "NAME AND TITLE OF INDIVIDUAL AUTHORIZED TO COMMIT FUNDS ON BEHALF OF ‘MUNICIPALITY/GOVERNMENTAL ENTITY 627 Randall Road, Ludlow, MA O1056 7. "ADDRESS OF INDIVIDUAL AUTHORIZED TO COMMIT FUNDS ON BEHALF OF ‘MUNICIPALITY/GOVERNMENTAL ENTITY 413-858-0101, Michael Ashe@sadhstatesmases 8. PHONE # AND EMAIL ADDRESS OF INDIVIDUAL AUTHORIZED TO COMMIT FUNDS ON BEHALF OF MUNICIPALITY/GOVERNMENTAL ENTITY MGM Springfield 9. "NAMIE OF GAMING LICENSEE. 2016 RESERVE / SPECIFIC COMMUNITY MITIGATION IMPACT APPLICATION 1. IMPACT DESCRIPTION ‘Please describe in detail the impact that is attributed to the construction ofa gaming facility. Please provide 2, PROPOSED MITIGATION Please identity below the manner in which the funds are proposed fo be used. Please provide documentation (eg. - invoices, proposals, estimates et) adequate forthe Commission to ensure thatthe funds wil be used for the cast of mitigating the impact from the construction of « preposed gaming establishment. Please deseribe how the mitigation request will address the specific impact indicated. Please attach additional vid of ers lhe presa seThis overhang upeiag neat at foaabe within urcrvet Dodge Thre 3. IMPACT CONTROLS/ADMINISTRATION OF IMPACT FUNDS Please provide detail regarding the controls that willbe used to ensure that funds will only be used to address the specific impact. If non-governmental entities will receive any funds, pease describe what sorting tired and how the applicant will remedy any misute of funds. “We wi aba wont eports ate al expends othe Camig Comm 2016 RESERVE / SPECIFIC COMMUNITY MITIGATION IMPACT APPLICATION Page 3 of 4 RELEVANT EXCERPTS FROM HOST OR ‘SURROUNDING COMMUNITY AGREEMENTS Please describe and include excerpts from any relevant sections of any Host or Surrounding Community Agreement. Please explain how this impact was either anticipated or not aatilpated in that Agreement, ‘The Hest Agreement signed on Apri, 213, beiveen he City ef Spring an Ble Tarp Deytpmet, LLC sats, “Chania tenant nymente Th Devopr wi py places tener a epee het ape loess win ‘he iy Soiquns tr twas her mew cary eps 08 woving cet nerening te Sue foot ich eens ‘lcs wit the C's bis Improvement tik” (CERTIFICATION BY MUNICIPALITY/GOVERNMENTAL ENTITY ‘On behalf of the aforementioned municipality/goveramental entity I hereby certify that the funds that are ‘requested inthis application willbe used solely for the purposes articulated inthis Applicaton. January 21,2016 Date ‘APPROVAL OF THE MASSACHUSETTS GAMING COMMISSION ‘On behalf ofthe Massachusetts Gaming Commission, the Commission hereby authorizes the payment from ‘the Community Mitigation Fund in aceordance with MG.L c.23K as outlined inthis Application. Executive Director Dave ‘Ombudeman Daie THE COMMONWEALTH OF MASSACHUSETTS: ‘Seen oF Huson Counry on MA OS January 21, 2016 Mr. John Ziemba, Ombudsman Massachusetts Gaming Commission 101 Federal Street, 23" Floor Boston, MA 02110 val iemba, Lam writing to withdraw my 2015 application for mitigation funds, J yvunt to emphasize dhat the need is still here, aud assure you deat ‘Thank you for your continued assistance, tustash Michael J. al Sherif ate THE COMMONWEALTH OF MASSACHUSETTS ‘Suener oF Haroon C ton MA CIOSe Samuary 21, 2016 Mr. John Ziemba, Ombudsman “Massachusetts Gaming Commission 101 Federal Street, 23" Floor Boston, MA 02110, Enclosed please find my application for 2016 Community Mitigation Funds. ‘The Western Massachusetts Correctional Addiction Center (WMCAC), the only regional correctional treatment facility in the commonwealth, was forced to move after 29 years, due to the looming MGM-Springfield Casino. Working with DCAM, we went out to bid, and received a bid that met the approval of DCAM. ‘Once again, funding is the issue. ‘Our annual rent in Springfield was $666,276.17, which included utilities. ‘The relatively low rent is due to longevity at the location (29 years). ‘The rent atthe new sit is $1,025,000, and does not include utilities. The difference in rent is primarily due tothe fact that the landlord would have to do a ‘build-out of approximately $4 million to retrofit the building for operations and programs, as was done over a period of years at the former site, The addi estimated cost of our utilities would be $336,600 per year. This overwhelming "upswing in rent is not affordable within our current budget. No other forced move due tothe looming MGM-Springficld Casino threatens the existence of such a vital public service. Its grossly unfair and unacceptable that this commonwealth's model correctional substance abuse treatment center should bbe put out of existence to make room for a casino, without appropriate mitigation, 1 respectfully request that the Commission conduct an expedited review of ‘my application. Please do not hesitate to contact me at 413-858-0101 should you have ‘questions or concerns. In addition, Iam available to meet with you and/or the ‘Commission in person regarding this application. Thank you, Sincerely, Sheriff MUAIgim THE COMMONWEALTH OF MASSACHUSETTS ‘Seen oF Hasan Colm Com MA O:056 January 24, 2015, Mr. John Ziemba, Ombudsman Massachusetts Gaming Commission 4101 Federal Street, 23" Floor Boston, MA 02110 Dear Mr. Ziemba, ‘The Western Massachusetts Correctional Addiction Center (WMCAC), the only regional correctional treatment facility inthe commonwealth, was foreed to move after 29 years, due to the looming MGM-Springfield Casino. Working with DCAM, we went out to bid, and received a bid that met the approval of DCAM. Once again, funding is the issue. Our annual rent was $666,276.17, which inchded utilities. ‘The relatively low rent is due to longevity at the location 29 years). ‘The rent at the new site is $1,025,000, and does not include utilities. The ference in rent is primarily due to the fact that the landlord would have to doa build-out of approximately $4 million to retrofit the building for operations and programs, as was done over a period of years at theformer site. The additional estimated cost of uilties would be $336,600 per year. This overwhelming upswing rent is not affordable within our current budget. Chapter 23K, section 618 of the Massachusetts General Laws established 2 Community Mitigation Fund to assist in offsetting costs due to the operation of gaming estalshmens, Threcn Deno more comeing tization ots ization Fund than to enable the survival of one ef the commonwealth's, and dae er tien ceseionatsubsnmeabeneitement ‘programs. AC this point, in light of your concern for the commonwealth’'s opiate epidemic, it should be noted that although WMCAC continues to serve the multiple DUI offender that it was founded to incarcerate, a good percentage of its residents now are substance abusers sentenced for offenses other than DUI. [No other forced move due to the looming MGM-Springfield Casino threatens the existence of such a vital public service. It is grossly unfair and unacceptable that this commonwealth's model correctional substance abuse treatment center should bbe put out of existence to make room for a casino, without appropriate mitigation. ‘We strongly believe itis vitally necessary that the Gaming Commission appropriate the sum of $2 milion, enabling us to reduce our annual rent by over '5400,000 per year, making the continued existence of the Center affordable. Please do not hesitate to call me if you have any questions or need more information. I look forward to working with you, shoulder-to-shoulder, to win the best future for our citizens. ra % Michael J. aEaeay Sheriff Mian FFL (AL FOI MUSENOTBE ALL MODIFICATIONS MUST BE MADE BY SEPARATE RIDER. ‘COMMONWEALTH OF MASSACHUSETTS ‘OFFICE LEASE 1 ITER AND TABLE: Lt Subjoo Mane ech ofthe references inthis Lease 1 any ofthe following subjets incorporates the data stated for that subject in his § 1.1 and unless defined elsewhere inthis Lease, constitutes the definition ofthe ited subject. DATE OF LEASE: LANDLORD: ‘ADDRESS OF LANDLORD: LANDLORD'S REPRESENTATIVE: ‘TENANT: [ADDRESS OF TENANT: Mill treet eon, LLC 118-35 Queens Bh, suite 400 Fores Hil, New York 11375, Name: Jeremie Lederer ‘Adsress: Mil Stet leone, LLC 118-35 Queens Bhs, site 400 Forest His, New York 11375 andlor such other persons as Landlord designates from imewortine “The Commonwealth of Massachusts acting by And through the Commissioner af its Division of (Capital Asset Management and Maintenance (OCAMM) of the. Execuive OMce for “Adminisation and Finance on behalf of the User Ageney, Hampden County SherifP’s Deparment Division of Capital Asset Management and Maintenance (One Ashburton Pace, 15th Floor ‘Boson, Massachsets 02108-1518 Trovit Teoria Tae TENANT'S REPRESENTATIVE: USER AGENCY: ADDRESS OF USER AGENCY: USER AGENCY'S REPRESENTATIVE: BUILDING (ADDRESS: PREMISES: USABLE AREA OF PREMISES: RESERVED PARKING SPACES: PERMITTED USES: TERM: evi ‘Name: Math Goldsmith, Diseior DCAMM, Office of Lessing andlor such other persons a5 Tenant designates from time-to-time, a5 set forhin § 44 Hampden County Sterifs Deparment 627 Randall Rood Low, Massachusts, 01056 Name: _ Wiliam Christfor “dies: 627 Randall Road Ladow, Massichusetis, 1056 andor sigh other persons as User Agency ‘designates from ime-otime, asset forth in § 44 155 Mil iret Springfield, Massachusts 01108 Flor): atin: Building ‘within the Building 35 shown To EXHIBE A, fogeter with all of the Landlord's Improvements (as defined in § 4.1) made within ‘he Premises pursuant 10 the provisions of ths Lene, Program Space: 4.005 sauare eet. ‘Number: _ 38 Location: Cape ‘Subject othe provisions of § 6.1, Tenant must ‘te the Premises forthe following purposes: Residential Cometinal Fatty, Classrooms and Associated Administrative Offices ‘The Term begins on the Date of Oecupaney. as defied in § 32, a1 12.01 am, and continues ‘unl 11:59 pm. of the dale immediately preceding the tenth aniversiry of the Dale of Occupancy Term includes the Term, unless otherwise expressly sted. “Expiaion Date” meas the last day ofthe Tem, and includes any effective date of temination of this Lease, unless then idea Unless otherwise provided by this Lease, business ay” means any dey other than ‘Saturday, Sunday, ora designated holiday ofthe CCommanwvelth of Massacusets on which the fies of he Commonwealth of Massachusetts fre closed, wher tvoughout the Commonwealth of Massachusts or only in Soff: County Fans Taree Oa BASE RENT FOR TERM: ‘Year One: Yeu Two: Year Thee: Year Fhe: Year Six Yew Seven 51,025,000.00 per yearn monthly installments of 85,416.67 5 20.2 per square foot for ofce space S "NIA persquare fo for storage Space S 0.00 per parking space per year $1.018000-00 pe year ln may installers 9,088.78 S 21.32 per squae foot for office space SNA per square foot for storage space 50.0 per parking space per year $1,066410.00 per yearn monthly installments of $88,867.50 S "21.76 per square fot fer office space S“NIA perstuare foo for storage space S 0.00 ger parking space per year 1,087738.00 per yearin monthly installments of $ 90,648.83 5 22.0 per square lot for otic space S “NIA persquare foo for storage space S 0.00 ver parking pace per year 1,109,493. per yearin monthly istllments of §92,487-75 $2264 per square oo for office space “NIA persquare foo for storage space 50.00 per parking pace per year 51,131,683.00 per yearin monthly installmers oF $94,306.82 $2309 per square foot fo office space S “NIA persquare foot for storage space S 0.00 per parking space per year $1,15431600 per yearin monthly installmerts oF $96,193.00 $256 per square foot fo office space $ NIA persauare foot for storage space 5 000 per parking space per year Terex ame Feet Yea igh Year Ni Yeur Ter Faye $1,154,160 pr year in monthly instalimets of 90,195.00 "23.56 per square fot for office space S WA per square fot for storage space S 0.00 per parking space per year $1,154316.0 per year in monthly installments of $96,193.00 5" 23.56 per square fot for office space 5S NIA persquae foot for storage space S 0.0 pr parking space per year $1,15431600 per yearn monthly installments of 96,193.00 $23.56 per square fot fr office space SNA per square foot for storage space 30.0 per parking space per year Tae 12 Tableof Contests 4L SUBJECT MATTER AND TABLE OF CONTENTS ITT Subject Mitt anne = sl 12 Teble of Contents. . : . 6 2. PREMISES: USABLE AREA 21 Premises; Appartenant Rights. ay 22 Usable Aedennnmnnnns SN 9 4. RENT. DATE OF OCCUPANCY SI Rent Payment nnn 9 3.2 Date of Occupancy: Commencement of Rent Obligation. — 0 433 Ter’ Fotry Bete Teer without Charge 10 4 IMPROVEMENTS BY LANDLORD 41 Landlords Improventat nena nn 42 Working Drawings... = on 43 Completion Date; Tenant Delays: Standard for Substantial Completion B {64 Tenants Reprerentaive, User Agency's Represenative, and Authorized Representative 15 LANDLORD'S COVENANTS 51 Ownership; Signatory Authority; Dbarment; Pending Proceedings: Changes 1s 5.2 Deliver of Premises Compliance with La arene 16 53 Quiet Exjoyment : 17 514 Correction of Defecive Work; Repair of Premises and Building a7 55 Delivery of Servicesand Utilities 18 56 Hazardous Sub on IN a9 ‘6, TENANTS COVENANTS 61 Use of Premise os vo 0 6:2 Care of Premises vnvvssnnnvvoevnomnnnnnnn wat 63 Hazardous Subse ae 31 64 Compliance with Applicable Laws and Removal of Liens. 2 65 Assignment and Suleting : —— 2 66 Alterations and Adstions : ce 6:1 Yield Up a Termination of Uae 24 L EMINENT DOMAIN 13 Fie or Other Casualy.---~ a vn 12 Eminent Domin.. in 2 ~ 25 ss £7 Inderifcation of Tenant by Landlord. ee vod 182 Insurance Coverage tobe Mainined by Landlord 37 3 Tenant's Sel Insane on ' : cae 5.4 Tenants Personal Property: Assumption of Risk. : Soa 85 Waiver of Subrogation, 28 9 DEFAULT 97 Bvent of Default by Tenant ~ - on 92 Remedies of Landlord, 93 Cure by Lander, 94 Event of Default by Landlord. 95 Remedies of Tenant 9 Cure By Tenant - mm 927 Remedies Cumlative 10. MORTGAGE PROVISIONS 117 Estoppel Certicate. 102 Subordination oe 103 Recognition = ~ ULHOLDING OVER, RAPPR Ns IZATION: 2.1 Tenant’ Obligations Subjes to Appropriations and Authorizations 122 Termination of Lease for Lack of Appropriations and Authorizations 13. PERSONAL LIABILITY. 4 Liability of Tenant so os 32 Liability of Landed. ~ 4. Norice HAT Notice... 42 Special Nos Where Failure o Reply Resulisin Consent or Approval 15, FORCE MAJEURE 16 MISCELLANY. 6] Emir Ageemet 162 Changes in Lease 163 Binding Agreement 168 Governing Law 165 Waiver. 166 No Broker 16) Rights and Remedies ot Exclusive. 168 Accord and Satisfaction . 169 Debarred or Suspended Contactors : 110 Time of Eence 611 Affirmative Acton: Non-dsriminaion in Hiring and Eciymet 1612 Severability 113 Notice of Lease ~ [6.14 No Agreement ul Signed om 1615 Sate Employees Bared from interest 1616 Pararaph Headings 1617 Counterparts... 16.18 Rider, Exhibi, and Other Accompanying Documents 29 “30 “30 30 “3 31 31 3 32 32 4 3 35 35 35 35 35 35 35 36 36 36 36 36 36 37 37 3 7 Landlord and Tent have exceuted multiple counterparts ofthis document, unde seal in acordance wth the laws of te Commonwealth of Massechusts,Temant having done so bythe Commissioner ofthe Divison of Cpitel Asset Management and Maintenance, who was joined by an authorized repesentaive ofthe User Agency aan ajunctive signatory, neither of whom incurs ary personal iabily a5 ares oF Suc signature LANDLORD: —_MILLSTREET ICONIC, LLC ois Printed Name: ARPES LEDERER. Title: PANAGER ‘TENANT: COMMONWEALTH OF MASSACHUSETTS ACTING BY AND THROUGH THE COMMISSIONER OF ITS DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE ‘compliod with the advertising requirements of G. L.¢. 7C. § 36, in connection with the property”

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