Contractual Agreements between Columbia and the State of NY

(Empire State Development Corporation, ESDC)

Contract Formation

•Offer•Acceptance•Consideration

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

Offer

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 December 14th, 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 today’s agenda3) Hold parties who are empowered to

protect our interest accountable

Conclusion

Future generations are counting on us to protect their

benefits