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Notice of Public Hearing- MDS Building Ventures/ MS Packaging

11/23/21

Application
CBA
Cover Letter
Additional Documents - 2022

NOTICE IS HEREBY GIVEN that a public hearing pursuant to Article 18-A of the New York State General Municipal Law will be held by the Town of Brookhaven Industrial Development Agency (the “Agency”) on the 8th day of December, 2021, at 10:30 a.m. local time, at the Agency’s offices located at the Town of Brookhaven Town Hall, 2nd Floor, One Independence Hill, Farmingville, New York 11738, in connection with the following matters:

MDS Building Ventures, LLC, a limited liability company organized and existing under the laws of the State of New York, on behalf of itself and/or the principals of MDS Building Ventures, LLC and/or an entity formed or to be formed on behalf of any of the foregoing (collectively, the “Company”), and MS Packaging and Supply Corp., a business corporation organized and existing under the laws of the State of New York, on behalf of itself and/or the principals of MS Packaging and Supply Corp., and/or an entity formed or to be formed on behalf of any of the foregoing (collectively, the “Sublessee”), have applied to the Agency for assistance in (a) the acquisition of an approximately 11.07 acre parcel of land (the “Land”), the acquisition and construction of an approximately 140,000 square foot building and other improvements there on (the “Improvements”), and the acquisition and installation therein of certain equipment not part of the Equipment (as defined herein) (the “Facility Equipment”), located or to be located at the Long Island Expressway Service Road and Natcon (Precision) Drive, Shirley, Town of Brookhaven, Suffolk County, New York (and further described on the Suffolk County Tax Map as No. 200-584.00-01.00-5.1, 5.2, 5.3 and 5.4) (collectively, the Land, Improvements and Facility Equipment may be referred to as the “Company Facility”), which Company Facility is to be leased to the Agency by the Company, subleased by the Agency to the Company, and further subleased by the Company to the Sublessee, and (b) the acquisition and installation of certain equipment and personal property (the “Equipment,” together with the Company Facility, the “Facility”) to be leased by the Agency to the Sublessee, and which Facility is to be used by the Sublessee for the Sublessee’s business of packaging, distribution and wholesaling of packaging products and related products, and office in connection therewith. The Company Facility will be initially owned, operated and/or managed by the Company and the Equipment will be initially owned, operated and/or managed by the Sublessee.

The Agency will acquire a leasehold interest in the Land and Improvements and title to the Facility Equipment and the Equipment, and will lease and sublease the Company Facility to the Company for further subleasing to the Sublessee, and will lease the Equipment to the Sublessee.

The Agency contemplates that it will provide financial assistance to the Company and the Sublessee in the form of exemptions from mortgage recording taxes in connection with the financing or any subsequent refinancing of the Facility, exemptions from sales and use taxes in connection with the construction and equipping of the Facility, and exemption of real property taxes, consistent with the uniform tax exemption policies (“UTEP”) of the Agency.

A representative of the Agency will, at the above-stated time and place, hear and accept written comments from all persons with views in favor of or opposed to either the proposed financial assistance to the Company or the location or nature of the Facility. Prior to the hearing, all persons will have the opportunity to review on the Agency’s website (https://brookhavenida.org/) the application for financial assistance filed by the Company with the Agency and an analysis of the costs and benefits of the proposed Facility.

Due to COVID-19 protocols, all persons attending the Public Hearing will be required to wear face masks and maintain proper social distancing.


TOWN OF BROOKHAVEN INDUSTRIAL DEVELOPMENT AGENCY

Dated: November 26th, 2021
By: Lisa MG Mulligan
Title Chief Executive Officer

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