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JACQUELINES COOKIES JACQULINES COOKIES . ......... oVM, 4 V _142M vo' 0-0. -ANT ov Av i 7 ' 40 4&i,04 T VV lw�l rf vi 4, -3, 1 IN Z e A- W_'!P Jacqueline's Wholesale Bakery 2014 Lf :2u CITY OF SALEM, MASSACHUSETTS Kimberley Driscoll Mayor July 18, 2017 Annamarie Kersten, Director Economic Development Incentive Program c/o Economic Assistance Coordinating Council Ten Park Plaza, Suite 3730 Boston, NIA 02116 RE: Jacqueline's Wholesale Bakery, Inc. EDIP Status Dear Director Kersten: The purpose of this correspondence is to express my support for Jacqueline's Wholesale Bakery, Inc.'s CJAcqueline's") continued participation in the Commonwealth's Economic Development Incentive Program ("EDIP"). Over a span of two years, the City of Salem entered into two Tax Increment Financing ("TIF")Agreements with Jacqueline's for their multiple expansions at 96 Swampscott Road, Salem. In 2013, Salem and Jacqueline's entered into a five-year TIF associated with the company's plans to grow from 75 to I 10 full-time employees and to' invest approximately $2.85M for the purchase of a building and new manufacturing equipment. Less than two years later,Jacqueline's met those commitments and we entered into another TIF. The 2014 TIF committed Jacqueline's to grow from 110 to 160 employees and make an additional $4.8M investment in tangible, depreciable property. Wl-iile I understand that Jacqueline's 2016 EDIP Annual Report reflected job creation numbers short of their scheduled commitment, Jacqueline's has explained that this was a temporary reduction associated with unexpected, late 2016 attrition. Asaresult, Jacqueline's December 2016 headcount reflected only 109 fiill-time employees while they had an additional 44 contracted employees through their affiliation with CoWorx Staffing Services ("CoWorx"). As of 2016, Jacqueline's has invested more than $5M associated resulting from their 2014 TIF commitment—already exceeding their$4.8M commitment. With Jacqueline's commitment to reach the 2016 staffing level of 135 full-time :employees (outlined in their 2014 Certified Project Application) by 12/31/2017, and Salem City Hall—93 Washington Street—Salem, MA 01970-3592 Ph. 978-745-9595 Fax 978-744-9327 future employment commitments one year behind originally scheduled, I support Jacqueline's continued participation in the EDIP Program and their ongoing designation as a Certified Manufacturing Retention and Job Growth Project. Sincerely, Kimberley Driscoll Mayor CC: Marc Hazel, CEO, Jacqueline's Wholesale Bakery Inc. Jay Ash, Secretary, Executive Office of Housing and Economic Development Tom Daniel, AICP, Director, Salem Department of Planning& Community Development Salern City Hall-93 Washington Street-Salem, MA 01970-3592 Ph.978-745-9595 Fax 978-744-9327 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF HOUSING &ECONOMIC DEVELOPMENT J - - MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT., 10 PARK PLAZA,SUITE 3730 BOSTON,MA 02116 TELEPHONE: 617-973-8600 FAX: 617-973-8554 www.mass.gov/eohed CHARLES D.BAKER JAY ASH OMRNOR SE=�y KARYN POLUO NAM PRAM LTEU�NANT GO�MOR ASSIST�SECUT�Y May 5, 2017 Ms. Patricia Chase United States Biological Corporation 4 Technology Way Salem, MA 01970 Notice: Recommendation of Decertification of United States Biological Corporation Dear Ms. Chase: In accordance with 402 CMR 2.16 (5) you are hereby notified that purs'uant to 402 CMR 2.16 and Mass. G.L.23A Section 3F, the Economic Assistance Coordinating Council (EACC)will be voting on the potential decertification of United States Biological Corporation located in Salem at the June 21, 2017 meeting of the EACC. Decertification will result in revoking the EACC's approval of the Certified Project designation under the Economic Development Incentive Program (EDIP). United States Biological Corporation as a party to the Certified Project in question, is being recommended for decertification due to non-compliance with job creation per review of the EDIP Calendar Year 2016 Annual Report. It has been determined that that the Certified Project has deviated from the requirements outlined in the approved project proposal so substantially as to constitute a material variance (the company reported less than 50 percent of new permanent, full-time jobs originally projected). In accordance with 801 CMR, please be advised that you have the right to request a hearing to present all relevant information and/or documentation supporting the project's eligibility to remain certified. If you wish to be heard on this matter, please submit a written request for a hearing by June 1, 2017 to: Annamarie Kersten, EDIP Director, Massachusetts Office of Business Development, 10 Park Plaza, Suite 3730, Boston, MA 02116. If you have any questions concerning this matter, please call 617.973.8536. Regards, Annamarie Kersten Economic Development Incentive Program Director Copy: Economic Assistance Coordinating Council City of Salem Maria Di Stefano, Northeast Regional Director Restatement of EACC Board Policy 2013-3 Termination and Extension of Local Tax Incentives after Revocation of Project Certification Originally approved May 23,2013 Amended June Z4, 2014 effective immediately This policy clarifies the circumstances in which the EACC's revocation of certification of a project will result in the termination of a Tax Increment Financing agreement(TIF agreement) between a host municipality and the private owner of the decertified project. Policy on TIF Agreement Termination The EACC's revocation of a Certified Project's certification will result in the termination of a TIF agreement applicable to the decertified project if: (1) The terms of the TIF agreement expressly provide for termination of the agreement upon the revocation of the project certification;or (2) As a result of the revocation,the project no longer fulfills the terms and conditions of the municipal action authorizing the host community to enter into the TIF agreement; or (3) The EACC determines that, as a result of the revocation,the municipal TIF plan no longer will further the public purpose of encouraging increased industrial and commercial activity in the commonwealth. A TIP agreement will remain in place after the EACC revokes a project's certification, if the TIF agreement does not expressly provide for its termination upon the revocation of the project certification,and the continuation of the TIF agreement is consistent with the original municipal authorization, and the EACC determines that the municipal TIF plan will continue to encourage increased industrial and commercial activity in the commonwealth notwithstanding the EACC's revocation of project certification. Amendment of TIF Agreements If in accordance with this policy a TIF agreement will terminate as a result of the EACC's revocation of project certification,the host municipality may permit the continuation of the tax increment financing by amending the TIF agreement to change the economic development goals of the project. In such a case, the host community should (1) notify the EACC that it will amend the TIF agreement; (2) duly authorize the amendment, including a vote of town meeting,town council,or city council with the approval of the mayor,as required by law; and (3) submit the fully executed amendment to the EACC for a pprovai by the EACC. The EACC shall allow the host municipality to levy taxes on the de-certified project in accordance with the original TIF agreement until the date of the EACC's approval of the amended TIF agreement, but not for more than one year after the date of EACC vote to revoke the project certification. Andrew Shapiro From: Bobby Matthews <bmatthews@taxincentivesconsultants.com> Sent: Monday,July 17, 2017 10:04 AM To: Andrew Shapiro Cc: Bobby Matthews Subject: Jacqueline's Request... Attachments: Jacqueline's-EDIP-Status Letter-Driscoll.docx;Jacquelines-EACC-Questionnaire 20170713[l].docm Andrew-I'll call in about 10 minutes, but brief background on attached: 1. Jacqueline's job count on 12/31/16 in their EDIP annual report was 109. Their commitment was for 135 as of 12/31/2016.This was due almost entirely by unexpected late 2016 attrition that triggered a temporary dependence upon CoWorx contracted employees. 2. On 12/31/15,Jacqueline's reported 119 full-time employees. Though not reported,Jacqueline's also had an additional 20-25 contracted employees associated with CoWorx Staffing Services. These employees transition over 520 hours from CoWorx(contracted)employees to Jacqueline's full-time employees. 3. On 12/31/16 Jacqueline's reflected 109 full-time employees-but also had 44 CoWorx staffers working at facility. 4. The 12/31/16 Annual Report was below Jacqueline's 110 baseline employees associated with 2014 EDIP Approval. So it triggered decertification consideration.Jacqueline's was supposed to have 135 full-time employees as of 12/31/16. 160 full-time employees by 12/31/18. 160 is the cap. 5. Jacqueline's has explained the temporary snapshot discrepancy and MOBD appears to understand. 6. Jacqueline's has committed to reaching all employment thresholds associated with 2014 application-just 12 months later than originally expected. 7. 2014 Commitment: 110 retain, 120-2015, 135-2016, 150-2017, 160-2018 8. New Commitment: 135-2017, 150-2018, 160-2019 Jacqueline's has meeting on Wednesday in Boston. Jack O'Neil (Jacqueline's) brought me up to speed last Wednesday and Thursday-when I completed the attached EACC Questionnaire (I'm in Maine thru this Friday). But Jacqueline's needs a letter of support from municipality.Should've reached out last Thursday or Friday-when I was juggling questionnaire. But here is request and draft letter. No one from Salem needs to be in Boston Wednesday, but if they can get a letter of support signed by Mayor Driscoll ASAP, it'd be hugely helpful. In event Kim isn't available,Tom or you would satisfy municipal support letter. Bobby Matthews 617-967-6283 (c) Principal Tax Incentives Consultants LILC http://www.taxincentivesconsultants.com F,A Please consider the environment before printing this email ECONOMIC ASSISTANCE COORDINATING COUNCIL September 24, 2014 Worcester City Hall 455 Main Street - Worcester, MA 01608 Agenda of the September 24, 2014 EACC Meeting 1. Approval of the June 24, 2014 Economic Assistance Coordinating Council (EACC) Meeting Minutes 2. Presentation & Discussion of Economic Development Incentive Program (EDIP) Applications: kmnniK� Aolication Name of Applicatioif, Devens Certified "TIF ONLY" SMC LTD. Project Application Gardner Certified "TIF ONLY" New England Peptide Project Application Lowell Certified Project Application Metrigralibies, LLC Marlborough EOA Application 257 and 259 Cedar Hill Street EOA Certified Project Application IPG Photonics Corporation and IPG Realty 1,LLC Salem EOA Application Amended Jacqueline's EOA Certified Project Application Jacqueline's Wholesale Bakery,Inc. Springfield EOA Application 77 Boylston Street EOA Certified "TIF ONLY" Freedom Credit Union Project Application Stoughton EOA Application 1000 Technology Center Drive Certified Project Application Amazon.com.dedc,LLC 3. September EDIP Investment Tax Credit Awards 4. Decertifications 5. Special Subcommittee 6. Overview of the EDIP Legislative Changes in Economic Development Bill �7. EACC Board Member Ethics Training 8. Motion to Adjourn Please note this is a draft agenda and is subject to change (,7��a 74� 32 -05 )o�s 6 q F-( rmp, V�U�C L,�(A row e-'v Good morning. Thank you for allowing me a few moments to brief the EACC board on Jacqueline's Wholesale Bakery, Inc. and our expansion plans in Salem, Massachusetts. My name is Jacqueline Hazel — I am the founder of Jacqueline's Wholesale Bakery, Inc. On background, I founded Jacqueline's Gourmet Cookies in Everett in 1993 as a retail store selling homemade cheesecakes and other deserts out of my kitchen. During the next few years, under the leadership of my son Marc, we slowly transformed Jacqueline's Gourmet Cookies from a niche bakery into one of the region's largest manufacturers of wholesale baked goods. We incorporated in 2000 and in 2006 we moved — with twenty full-time employees — to our existing facility in Salem. Today, Jacqueline's produces gourmet frozen cookies for supermarket chains, hotels, cruise lines, food service distributors and national chain accounts. These clients purchase our pre-frozen products and bake and brand them with private labels on-site. We are a Massachusetts success story thanks in no small part to your economic development programs. Our move to Salem in 2006 was then our largest venture to date and was made largely possible by partnering with Mass Development. Mass Development provided the project with tax exempt bond financing for our purchase of state-of-the-art baking equipment as well as a mortgage insurance guarantee to support our acquisition of Unit One (1) at 96 Swampscott Road in Salem. By 2013, Jacqueline's had grown to seventy-five (75) full-time employees with annual sales growth consistently at twenty- percent (20%). We were in need of significantly more space and again partnered with the City of Salem and the Commonwealth — approved as a Certified Project in the Massachusetts Economic Development Incentive Program (EDIP) associated with our acquisition of Unit Two — an additional 12,000 square feet. Components of the project included a $2.83 million investment and a commitment to retain seventy-five employees and create thirty-five (35) additional jobs. The City of Salem approved an aggressive five-year TIF for our improvements to Unit Two (2) and the EACC awarded the project a $283,000 tax credit. Today, Jacqueline's is proud to announce that we have already met or exceeded 2013's EDIP commitment and we are poised to make another significant investment in our company. Today Jacqueline's has one-hundred and ten (110) full-time employees. After careful consideration, including the opportunity to expand in Greater Cape Ann and New Hampshire, Jacqueline's is seeking to partner with the City of Salem and the Commonwealth on the purchase and renovation of Unit 3 (an additional 12,000 square feet), an investment of $4.8 million and a commitment to create an additional fifty (50) full-time jobs over the next five (5) years. In June, 2014, the City of Salem again approved an aggressive five-year TIF for our anticipated improvements to Unit 3. Jacqueline's credits our growth not only to creating the best tasting, consistently outstanding products that fit the individual needs of our customers, but also to our ongoing collaboration with Mayor Driscoll and the City of Salem and the Commonwealth of Massachusetts. The benefits associated with our 2013 Certified Project approval have allowed us to reinvest in our company at an accelerated rate, rewarding our customers with superb quality while increasing the Salem tax base and creating significant employment opportunities in one of the Commonwea'Ith's Gateway Cities. Today, seventy-seven (77) of Jacqueline's one-hundred and ten (110) employees reside in one of the regional target areas, including twenty- three (23) in the Beverly, Salem and Danvers ETA and forty (40) in the Lynn ETA. And as we've expanded, Jacqueline's has historically worked with the Workforce Investment Board in Salem to train our employees and will continue to do so as our workforce increases. Jacqueline's is seeking the EACC's support as a "Manufacturing Retention and Job Growth Project" — a commitment to retain one-hundred and ten (110) full-time employees in Salem — a Gateway City, a commitment to spend $4.8M in facility and equipment investment, and a commitment to create an additional fifty (50) new full-time jobs. As required for an MRP project, Salem has supported this expansion with an aggressive five-year TIF, approved in June, 2014. As available to an MRP project, our application requests a blend of both useable and refundable tax credits. Jacqueline's takes pride in being a Massachusetts company. Much of our success has been the result of our collaboration with the City of Salem and the Commonwealth of Massachusetts. This current expansion is again being supported by tax-exempt bond financing with Mass Development. The tools provided by so many of your agencies have played an integral part in our growth — from making homemade cheesecakes in my kitchen to one of the region's largest manufacturers of wholesale baked goods. Your tools have allowed us reinvest in our company, provide a gourmet product to our clients and, importantly, quality jobs to the Commonwealth. I ask for your support of our application and look forward to a continued partnership. MOTION TO APPROVE Jacqueline's Wholesale Bakery, Inc. AS A CERTIFIED PROJECT (TIF) 9 WITHIN THE Jacqueline's Economic Opportunity Area WHEREAS, Massachusetts General Laws Chapter 23A, Sections 3A through F, as amended by Chapter 19 of the Acts of 1993, Chapter 166 of the Acts of 2009, and Chapter 240 of the acts of 2010 established the Economic Development Incentive Program(EDIP); WHEREAS, the EDIP is designed to promote increased business development and expansion in Economic Target Areas (ETAs) and Economic Opportunity Areas (EOAs) of the Commonwealth; WHEREAS, the Economic Assistance Coordinating Council (EACC), established by Section 3B of said Chapter 23A, is charged with administering the EDIP, including the review and approval of applications from municipalities for the designation of areas as ETAs and EOAs, as well as the designation of Certified Projects; WHEREAS, the Municipality of Salem has been designated by the EACC as an Economic Target Area; WHEREAS, the EACC approved the Jacqueline's Economic Opportunity Area within the Economic Target Area; WHEREAS, Jacqueline's Wholesale Bakery, Inc. has committed to creating 50 new permanent full- time jobs and retaining 110 full-time jobs; WHEREAS, total project investment will be approximately$ 4,781,811 in construction costs and related expenses during the life of the project; WHEREAS, Jacqueline's Wholesale Bakery, Inc. filed a Certified Project (TIF) application with the Municipality of Salem, which the Municipality approved; WHEREAS, the Municipality of Salem approved a 5 year TIF for the company; WHEREAS, the EACC finds that the proposed Certified Project in the Jacqueline's Economic Opportunity Area meets the mandatory criteria required in MGL. c. 23A; WHEREAS, the EACC finds that the proposed Certified Project has received the appropriate municipal approval from Salem, in accordance with the TIF statute; and WHEREAS, the EACC finds that the proposed Certified Project, if so certified, will have a reasonable chance for increasing employment opportunities for the residents of the Municipality of Salem and the ETA, thereby reducing conditions of blight, economic depression, and widespread reliance on public assistance; NOW THEREFORE BE IT RESOLVED by the Economic Assistance Coordinating Council that: 1. Jacqueline's Wholesale Bakery, Inc. Certified Project (TIF) application is approved, as the EACC has received a Certificate of Good Standing from the Department of Revenue. MOTION duly made and seconded at the September 24, 2014 meeting of the Economic Assistance Coordinating Council, at which a quorum was present. CITY OF SALEM, MASSACHUSE17S Kimberley Driscoll Mayor June 23, 2014 Salem City Council Salem City Hall Salem, MA 0 1970 Re: Request to Authorize Tax Increment Financing (TIF) for Jacqueline's Wholesale Bakery, Inc., 96 Swampscott Road, Salem Dear Councillors: I am writing to you to request that you authorize tax increment financing for Jacqueline's Wholesale Bakery located at 96 Swampscott Road in Salem. Tax Increment Financing (TIF) is an economic development tool used to create jobs and encourage business expansion. With a TIF, a city grants property tax exemptions of up to 100 percent of the increased property value, or increment, due to investment in the property for a specific period of time. In this case, it is proposed that the TIT be for a period of five (5) years. Jacqueline's Wholesale Bakery plans to purchase an additional 11,130 square feet at 96 Swampscott Road for$1,220,400 in order to expand their gourmet frozen cookie manufacturing business. The business proposes to invest an additional $1,042,000 in facility upgrades. The Assessor estimates that the property value will increase by $781,800 due to this additional investment. The TIF would provide a tax exemption on this incremental assessed value according to the following schedule: Fiscal Incremental Exempted Estimated Estimated Total Year Exemption Assessed Value Property Property Base Tax Annual Taxes Taxes Bill Taxes Paid 2016 100% 0 $25,056.69 0 $20,701 $20,701 2017 80% $156,360 $20,045.35 $5,011.34 $20,701 $25,712 2018 60% $312,720 $15,034.01 $10,022.68 $20,701 $30,724 2019 40% $469,080 $10,022.68 $15,034.01 $20,701 $35,735 2020 20% $625,440 $5,011.34 $20,045.35 $20,701 $40,746 2021 0% $781,800 $0.00 $25,056.69 $20,701 $45,758 Salem City Hall-93 Washington Street-Salem, MA 01970-3592 Ph.978-745-9595 Fax 978-744-9327 Jacqueline's would continue to pay property taxes at 100% of the full base value of the property. The tax information is only for the 11,130 square foot addition, not the entire facility. Jacqueline's intends to retain one-hundred and twelve (112) full-time employees and create at least fifty (50) new full-time jobs. The company is committed to a good faith effort of employing residents of the Beverly, Salem and Danvers Regional Economic Target Area, with a preference to hiring qualified City of Salem residents, with a particular emphasis on Salem residents in the Point neighborhood, for employment opportunities that become available at the facility. It is worth noting that Jacqueline's has done job training for its workforce through the Workforce Investment Board (WIB) located in Salem and will continue to do so as its workforce increases. The approval of a TIF by City Council enables Jacqueline's Wholesale Bakery to access Economic Development Incentive Program (EDIP) investment tax credits of up to 40% of their investment because Salem is a Gateway City. If Jacqueline's Wholesale Bakery was a manufacturer not participating in the EDIP program, Jaqueline's Wholesale Bakery would only be eligible of a tax credit of 3%, but the State is encouraging revitalization of Gateway Cities through this economic development incentive. Marc Hazel of Jacqueline's would welcome the opportunity to further discuss the TIT request and his company. Jacqueline's Wholesale Bakery is a great asset to the City. In the past seven years the number of employees has increased from 20 to 112 full-time employees. The additional investment of$4.8 million, including acquisition, equipment, and facility upgrades is significant and will result in the creation of 50 newjobs, as well as additional tax revenue. I ask you to support the expansion of Jacqueline's Wholesale Bakery and enable this economic development project to move forward by approving the proposed TIF. In addition to a proposed resolution, enclosed please find a proposed agreement and plan for the TIF, as well as an attachment showing which parcels will make up the Economic Opportunity Area to be designated. Sincerely, Kimberley Driscoll Mayor Salem City Hall-93 Washington Street-Salem, MA 01970-3592 Ph. 978-745-9595 Fax 978-744-9327 N WwEast Boston Savings Bank S Revised June 25,2014 Mr,More HaOsel Jacqueline's Wholosel,Bakery,Inc. 96 Swampscott good,Unit I t Saltar,MA 01970 % Door Mar, ()n behalf of East BOStOn Savings Bank(the"Bank"),we or, pleased in inlmoa�you that the financing a,,micon, for Jacqueline's Wholesale Bakery,lee,Jacqueline's GOLmoct Cookies,L subject to the fbIlOWH19 terms and conditions. LC,and MR LLC,has been approved Commercial Real Estate 1,,,, Burrower: MK LLC Amount Up to:$1,525,000 Purpose: Provide financing for acquisition and development of a+/-11,300 SF industrial bay as follows: . $999,000 will be advanced at closing 0 Purchase the subject property . $526,000 will be escrowed at closing to finamess capital JorTmo,emorts to the subject property[Sce"Advance,fte?,below for conditions of release]. Term/Amorti,stim: 20 years/240 month amwi=ioa. Rate: Fixed W 4.25%for 7 years,then adjusting every 5 years thereafter al the then prevailing FULB 5/20 Amortizing Advance Rate plus 2.25%. Interest would accrue based on a 360 day year and actudl days elapsed. Repayment: Monthly payments of Principal and Interest would be due based upon a 240 month amortization schedule on a direct reduction,mortgage style basis. Fee: None Prepayment Fee: 1%Of the Outstanding principal balance during Years 1,2,and 3 Only,if refinanced b another lending institution. y Collateral, First Morgage and assignment of losses and ren Swen,p.cott Read,Unit 3,Salcm,MA. is On rho subject Property located at 96 ]=lot MOrtgages on 96 Swampscaft Road,Units I&2,Salcon,MA. The proposed Iwo would be cross-collateralised,crose-defaulted,and crcss� guaranteed with respect to all Proposed and existing obligations with the Bank. Initials: Unlimited personal 91MORMY Of Marc Hazel Unlimited guaranty of Jacqueline's Wholesale Bakery,Inc,Jacqueline's Gourmet Cookies�LLC. See Financial'Coanams on pg.5jor conditional m1coe ofgaamaty Advance Rate: At closin&$526,000 will be escrowed to an accumot with the Bank to finance caping improvements to the subica Property- Borrower�would be required to submit draw requests W the Rank for completed work,to be determined in the Bank's sole discretion, wh icb would be funded at an advance rate equal to 100%of the requisition annotort. Bank reserves the right to have all draw requests monitored by a third-party acceptable to the Bank,the onat of which shall be the responsibility of the Burrower. Appraisal: Approval would be subject to satisfactory appraisals completed print to closing on Units 1,2 and 3,96 Swampscott Road,Salem,MA. The appraisals most be completed by a qualified,independent appraiser approved by the Bank and most provide an"as is"value for Units 1,2,and 3 as well as an"as complec"value for Unit 3. The appraisals mug yield a combined market value resulting in a maximum Inan-to-valne of So-,,.- Any fees associated with obtaining the appraisals would be the responsibility of the Borrower. Environmental: The lCon shall be subject to receipt and review of a Satisfactory environmental site assesament on the subject properties listed above to be perlbramed by an independent qualified environmental consulting lion and confirming that the property is free,of my environmental lwaards. The cast of said reports would be the sole responsibility of the 13mrow, Direct Purchase Tax-Exempt Development Bond—2014 Series("Equipment Bond"): Borrow": Jacqueline's Wholesale Bakery,Inc Amount: Up to:$1�542,000 purpose: Provide financing for the purchase of equipment[up to 80%of purcluass prim]with up to 2%of prooceds available for bond issuance costs. Term/Amortization: Up to 5%,years 15 year Upon the mlier of either(4)the funds bcing fully advanmd or(b)6 months,the outstanding loan balance will be named out over 5 years. Advance Period: Advances under the loan would be available firr up to 6 months from date of closing based upon SO%of invoices provided. Rate- Fixed a 2.65%for the term of the loan. Interest would accrue based on a 36 0 day year and actual days elapsed. In ahe�&that this transactica shouldnot contime to carry the lax�erempt status origmally appr�,(the uneren rate charged on the bondwill mvert to a farable rare equal to the FHIB 515 amortizing advance rate plus 2 7591 Repayment: Monthly payments of interest Only would be duc during in itial Advance Period,vAth 60 monthly payments of Principal and Interest,adequate to ful ly amortize borrowings over die remaining term of the loan on a direct reduction,mortgage style basis. Fee: None Initials: PrcpaymemFee: 1%ofthc oubasunding principal balance during Year;1,2�and 3 only,ifrefinanced by another leading institution. Collateral. A valid first security interest in all assets ofthe Burrower as well as the subject equipment to be acquired- Junior Mortgages an 96 Svnimpscoft Road,Units 1,2&3,Salern,MA- The proposed Imn would be cros�collaterafimd,crom-dellaultetiq and cross� 9WIrsufted with respect to all proposed and existing obligations with the Bank. Guarantor: Unlimited gumanty ofMarc Hazel Unlimited guaranty oflacqueline's Gourmet Cooldes,LLC Unlimited guaranty ofMK LLC A&wce Rate: Loan proceeds shall be advariced upon receipt and satisfactory review ofinvoicas for the Subject equipment to be purchased with a maximum advance race of80%. Advanosswill be made only ii�in the opinion ofthe Bank,there has been no material change in circumstances and there exists no default under my loan documentation executed by you, OTHER CONDITIONS Late Charge: The Borrowers shall pay a law charge equal W five(5.0*1*)percent ofmy payment with a minimurn late charge of$35.00 for my payment not received within=(10)days ofthe due date thereof Do,,ament,: The B.shall execute all such documents,sWeement.or mher i.vtrunects.the Bank or Bank's counsel shall request in conjunction with this transaction each in to= and substance satisfactory to Bank and Bank's counsel. Insurance: The Boarcaver will maintain in effect at its own expense all business hazard and liability insurance in an amount satisfactory to the Flank and lisding the Bank as an additional insured,Leader Loss Payeo,or Mortgagee,as its interest may appear. The following language must appear on the insurance binder 'EAST BOSTON SAVINGS BANK its Successors and Assigns,ATIMA.cto MGA Hmrd Tracking,Inc.,P.O.Box 8455, Rmbon�VA201951% Pl�make�g=en�wellinad�=wth�ymvvillhave the required Evidence ofouverage at loan closing and will be able to bring to the closing. Bank's Cronsel: Counsel for Bank shall be,James H.Lemer,Esquire,ofGoulsam&Starts,PC,400 Atlantic Avenue,Boston,MA,and it is bereby aWeed and understood that mid counsel shall not and does not represent Bonrower in connection with the bansactions, contemplated hereby.All costs of such counsel,as well as all other costs ofthe Bank incident.]to this transaction,shall be paid by the Borrc�ff directly to counsel or the Bank whether or not this Loan transaction closes. Closing oftom: The closing ofthe Loan shall take place at thcoffice ofBank's counsel a Goulston& Sunn�PC,400 Atlantic Avenue,Boston,MA,or such other place as the Bank and the Bornowu may mutually agree including,without limitation,by overnight courier delivery fdommmms d wire trunsters. The closing(the'Vosing")ofthe Loan shall be further con,ditioned upon: 1. 'Me fimmishing to the Bank by the Bo�and Guarnmor ofall appropriate documents evidencing its capacity,good standing and qualification to engage in any transaction or business in correction with the Lom. Initials: 2. Opinions(in farm,scope.content and from Counsel for the Borrow")acceptable to the Bank and Bank's counsel,as fibilows: Confirming that the B011owers ara duly Organized,validly existing and in good standing under the laws of the Commonwealth'I'Mass-1huseds and they have been duly authorized to enter into the transactions contemplated by this Commitment and the Loan Docturams(furnish ing evidence where appropriate, of such authorization); Can firming that the persons executing the Loan Documents on behaj I of the Borrowers have been duly authorized to do so(furnishing evidence where appropriate,of such authorization); . Stating that the Loan Documents,when executed will constitute legal'valid and binding Obligations,enforceable in accordance with its terms except to the extent that the criforeemeat thff mf may be Subject to lam generally affecting the rights of creditors and to equitable principles. . Confirming that compliance,with the provisions of the Loan Documents vvil I net (m)violate or result in MY breach of my terans�conditions or provisions of.(bb) constitute a defirult under,Or(m)result in the creation of my Jim,charge,;� encumbratace on my of the property or assets of die Boarrower,contrary to my indcznum�Mortgage,dwd of trust or other agreement or instrument m my order Of my court Or administrative agency entered in my proceeding to which the Bannover is or was a party or by which it Or my of its properties my be subject, or by which it is or was or may be bound; . Starting or confirming such other matters as the Bank may require or docan Reporting Requirements: necessary in its sole discretion I. Borrower will provide accountsm-prep"ed financial statearnats(corsolidated and consolidating)Prepared annually on a revi�levcl basis by an independent CPA firm acceptable to the Bank within 120 days after the close of each fiscal year. 2. Borronver will provide interim financial statemearts quarter[ within thirty(30)days of quarter end. 3. Burrower will provide corporatelpsamership Federal Income tax returns mnuall within me hundred twenty(120)days of FYE,Or if Out extension,within 30 days of filing. 4. Borrower will provide budgeted financial statements fbr next fiscal year (consolidated and consolidating cat quarterly and annual basis)prepared annuall within 120 days after the close of each fiscal year. S. Borrowing base certificare accounts receivable and accounts payable agings,and inventory listing to be provided monthly within twenty(20)days of month-end. 6, Guarantor's personal financial statement(on Easi,Boston Savings Bank form) annual] within me hundred twenty(120)days of year end. 7. Gammon's Federal Income tax rum annuall within me hundred twenty(120) days of FYE,or if an Wension,within 30 days of filing. Floancial Covenants: I. Minimum,Debt Service Coverage of 1-25Y,tested annually based on FYE financial maternents, Debt Service Coverage equals: [EBITDA(Earnings before Interest Taxes,Depreciation,and Amortization)PLUS Mat paid to related entities[JGC,MR LLC],MINUS,taxes,distributions,and =financed estpital expeuditurcs)ALL DIVIDED BY required principal and interest payments not all debt of IWB,JGC,ad W LLC(including capital leases,but excluding subordinated debt due to officers). This ratio is calculated for JWB alone. lnitiw�; "Unfinsuced Capitol Ependiturce'shall be defined asfiallovo,the curmpyE Net Fixed Assets PLUS curnertl FYE depreciation,LESS.prior FYE Net Fixed Asset, LESS,the increase U,,gTm,Debt. 2. Maximum Debt/Adjusted Capital Funds of 2.25X,tested annually based on FYE financial statements. Debt equals tam liabilities LESS subordinated debt(Figure is calculated for JWA alone).Adjusted Capital Funds equals total stockholders'equity PLUS subordinated debt(Le,armounts due to stockholders and related parties) MINUS announts;due from stockholders and related parties. Figure is calculated for JWB alone, 3. Minim.Tangible Capital Foods will be$2,500,000,to be tested normally at FYR Tangible Capital Funds equals total stockholders'equity PLUS subordinated debt (i.e.,announts due In stockholders,and related parties)MINUS amounts due thar, stockholders and related parties. 4. All subordinate financing in excess of$100,000 per with a maximum annual I imit of$300,000 wi 11 require the approval of the Bank. 5. Maximum Combined LTV=80% 6. Conditional Release of Guaranty; The Bank shall agree to release,the personal lottmany OfMaoc H�l on all business debt obligations and scoaratel onall conumercial real estate obligations Orm the following minimum financial covenants are men: Covenant Metric Ent nse I.Oux u(Nobfired TanilibleCajoital Fund 1.00x JVVB on a 15(ts 95ZInt Ratio 1. J�on Tangible Gagnigi-Funds $5 gOOO 000 JWB on Ma)dmum LTV 65%6 MREDWm -Finau.ial covenants shall be tested assnually beginning at ycar�ending 12/31/14 based upon reviewed financial statements. Other Covenants: Availability an the borrower's existing Terfm Loato#57400175 would be capped at $600,000., Subordinated Debt: Any andall existing officer andnr related party debt will be subordinated to the Bank. Deposit Accounts: Primary deposit accounts of the Borrowers ane to be maintained at the Bank fm the kam term. Loan payments would be automatically deducted froun a designated deposit account with the Bank. East Baston Savings Bank is a member of the Depositors Insurance Fund("DIF")which provides 1009/a insurance above and beyond FDIC limits. The Borrower agrees to pay my legal and other fees incurred by the Bank to close the appinwed financing.If,after the signing of this commitment,die contemplated transaction should hall to close for my reascar,all expenses incurred by the Elank, including but not limited to reasonable legal fees,shall beocame the responsibility Of the Burrower. Representations and Warranties: In order to indtax die Bank to make the Loan and complete all of the ,maorms Contemplated hereby, BOTTOwer represents and VAUTants to Bank that true and complete financial statements Of the Burrower have been del ivered to Bank and the same fairly rcpreamt the financial cmditim of the Bormwer.At the Closing the Bonrower shall Provide Bank with a CortificaLe evidencing that no adverse change in its financial condition since the date of said statments. Approvals: Bank's counsel shall approve each instrument Or document required to be famished by Borrower pwsmt W this OomminerL Such approval shall be as to both form and substance,and shall be determined by them in its absolute and sale discretion and judgment Bank or its coura�el may require such further instrunnents,documents Or mmunces as they may deern necessary to Pronect:the interests of Bank print to or at Closing�during the term of the Lem and my such documents may contain lamas t or provisions in addition to rams contained in th is commitmemL Non-Assignability: This Commitment is not assignable and my assignment Or allernptod assignment by the Borrov,�shall make this Commitment null and void. Additional provisions: This lentor sets lbeth the entire agreement of the parties with respect to the Loans hereby committed and supersedes,all prior term sheens widest or Ond understanding With respect thereto,provided,however,that my written repmentations made by the Borrower to induce the Bank to issue this Commitment shall be deemed incorporated within this letter. N-modificistion orwaiver Of my Provision Of his letter shall he effective an]=in writing and signed by the party against whom mfbmem"t may be sought This Commitment and my interpretation hercof shall be governed by and crammed in aocamlance with the laws of the Commonwealth Of Massachusetts. Conditions Premdent: Unless otherwise indicated,the conditions provided far herein me conditions precedent to the Bank's obligation to enter into these financing transactions and disburse my funds hermad,,In Order to facilitate the Bank's re,im of die material necessary to evidence the compliance with such corafitions,the Borrowers agree to deliver my and all material required hercumler to the Bank or Bank's counsel at lasen five(5)business days before the closing. PlanSC sign below ta indicate you understanding and acceptanco of the approved terms,and we will move forwer d with the required docamernation. This crummUrCat letter must be signed and returned to the Bank no later than June3g,2014. If the conarnimam hah,is not received by that data,this commitment will be terminated at the safe disenction of the Bank The Iran clwingmust Occur no laterthan 60 days fican the date of this comod"mt letter othervA&c the Cmarniftent Will be temairmod onless the Bank estands die ccpirstim date. lvlarc�we are very pleased With the Opportunity W Provide this increased financing commitment and lack forward to continuing to work with you,Jack,and the staff of iaoqueline,s In supporting Your continued growth. Beat Regards, 1, 'a, Dan Rapom Vice Presidrnt Initials: ACCEPTED ON TIflS_DAY OF 2014,13Y: BORROWER: Jacqueline's Wholesale Bakery,Inc. Ni-c M.-I,�Pmd-t GUARANTORS: Jacqueline's Gourtsct Cookies.LLC 4-c Hazal,�M-.g. MK LLC W--1-1-11�M—g- Mam Hazel,�In&�.dmlly initials: THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE STATE HOUSE - ROOM 373 BOSTON, MASSACHUSETTS 02133 DEVAL L PATH16K (617) 797-2040 G�ANOH GLEN SHOR wc� August 21,2014 Steven 1.Chilton Massachusetts Development Finance Agency 99 High Shmar Boston,MA 02110 Dear A4r.Chilton: Please be advised that in response to You cmail request dated July 14,2014(the-Extwdmi Requesel,I hereby approve an eXtensiOn Of the Original Allocation of the 2014 state ceiling On the volume of private activity bonds in the amount of$3,865,000 fbr bonds to be issued by Massachusetts Development Finance Agency("MassiDevelopmerrt')for Jaoqueline's Wholesale Bakery,I=.for the project in Salem,Massachusetts(the-Projecel described in the materials submitted with the Original Request In May 12,2014(the"Original Rqucae). This allocation wit]Only be effective if the bonds are issued on or before November 30,2014. PUMIGut to the attached letter dated Alay 29,2014(the"Original Allocation Letter"),a total of$3,865,000 was aIllocated for bonds to be issued byA1asd)cvclojmxmt for the Borruiver for the Project(the"Original Allocahon�)- Itismymdmtandingffid,theamoutdrequmtedin the Original Request i;;as previously approved as part of the Original Allocation,but due to the drawdown structure of the bonds will be unused as August 31,2014 and therefore expire, It is also my Understanding the Extension Request will sati*the volume cap needs of the Borrower for the Project and that no additional requests for additional volume cap will be made for the Project in 7,014. Within dmoc days after the date of closing for the draw,Please provide me with a certification from MassDevolopment or bond counsel stating the date of the closin&the mount of the drinw,and the amount of the volume cap allocation approved herein dW was used for each issue,together with an executed copy of IRS form 8038 relating to the bonds. If you have any questions regarding this matter,please feel free to contact me. sincerely ----------------------- THE COMMONWEALTHOF MASSACHUSETTS ExecUTIVE.OFFICE FOR ADMINISTRATION AND FINANCE STATE HOUSE - ROOMS73, BO8TON, MASSACHUSETTS 02133 DEVAL.L.PATRICK (SM 797-20010 am$NOR May29,2014 Steven L Chilton. Masiachusatts Developriant Fine=Agency 99 High Street B001014MA02110 Dearkir Chilm: Please be advised that in response to Yom writtm request dated May 12,2014(the '?.equeat'L I hereby approve an allocation ofthe 2014 state cailingim Ihevolum@Of private activity bonds in the mount of$3,965,000 for bonds to be issued by Massachusetts Development Finarm Agency CUassDevelopmearl fbr Jacquelme's Wholesale DWItery,Inc.for the projed in Salem,Massachusetts described in the materials submitted with the Request This allocation will onlybe effective ifibe bondsSIC issued on or before August 31,2014.. Within threa days after the date of closingfor the bonds,please provide me virith it certification fimm MassDavelopment or bond Counsel stating the data of the cJosmg,the amount of the bond issue,and the mount of the volume cep allocation apMved herein that was wed for Such LwA togothe,VAth an mccured copy of IRS focin 8038 relating to the bonda. if you have my questions regarding this matter,Please f0d free to comad 11M1 Sincerely, MG1.9hor COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT EDIP Suppiment,al Application Exhibit IA:Machinery&Equipment Breakdown for Manufacturers Year 1: Year 2: Year3: Ycar4: Year5: Machinery&Equipment Item 2014 2015 2016 2017 2018 TOTAL Case Erector/Bag inserter $175,000 $175,000 New Conveyors $200,GOO $200,000 Impingernent Freezers $500,000 $500,000 Metal Detectors $150,000 $150,000 Back-Up Power Connection $100,000 $100,000 Make-Up Air System $200,0010 $200,000 Hot Water Upgrade $50,000 $50,000 Mixer $500,000 $500,000 Lighting $30,000 $30,000 Racking $75,000 $75,000 Dough feed Machine $150,000 $150,000 Software and Hardware $100,000 $100,000 $200,000 Additional Miscelaneous Equipment $189,000 S189,000 $0 $01 $0 $0 $0 so $0 $0 -$0 TOTAL11 $2,230,000, $289,000, $01 $01 Jacqueline's Wrholesale Bakery,Inc. COMMONWEATLH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSE17S OFFICE OF BUSINESS DEVELOPMENT EDIP Supplemental Application Exhibit 1; EDIP lovestm at Analysis Calendar Calendar Calendar Calendar Calendar Year that Year 1: Asset will be 2014 Year 2:2015 Year 3: Year 4: Year 5: Total 2016 2017 2018 Placed in Investment DEPRECIABLE ASSETS: Building Purchase: $1,220,400 1 1 1 2,014 S 1,220,400 New Building Constructiont $ Building Renovation: $1,042,404 2,014 $ 1,G42,404 Machinery and Equipment: $2,519,007 2,014 $ 2,519,007 Furniture and Fixtures: $ Other(Please list): $ Other(Please list): $ - DEPRECIABLE ASSETS TOTAL 1 $ 4,781,8111 $ $ -Is $ -1 NIA S 4,781,811 NON-DEPRECIABLE ASSETS: Land $ Other(Please list) NON-DEPRFCIABLE ASSETS TOTAL $ - $ $ - $ $ TOTAL INVESTMENT $ 4,781,811 $ $ - $ $ N/A S 4,781,811 *Year Asset is Placed in Service:The year in which an asset can first be depreciated according to Generally Accepted Accounting Principles. For guidance, please sce the Internal Revenue Service's resources on depreciation at http://�.irs.gov/taxtopies/tc704.html. Jacqueline's Wholesale Bakery,Inc. COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT Economic Development Incentive Program (EDIP) ECONOMIC OPPORTUNITY AREA(EOA) DESIGNA TION APPLICATION A complete application with all required attachments must be submitted in electronic form to your MOBD Regional Director by 5:00 P.M.on the application deadline date. A hardcopy with original signatures and attachments must be postmarked no later than.1 day after the submission deadline and mailed to:EDIP Manager,MOEID, 10 Park Pina,Suite 3730,Boston,MA 02116. Applications that are incomplete or submitted after the deadline will not be considered at the scheduled Economic Assistance Coordinating Council(EACQ meeting,without exception. PROPOSFD1QA;,,B-. Amended Jacqueline's EOA alate of,.Ptqbqs6dEOAi� Salem Z7 El New EOA within a previously approved Economic A E A g-a'a"on for 4 Target Area Zm A endment to a previously approved EOA I s d7f6y'de�ignatirn�WZ'gel'j� E]Blighted Open Area e eligiSin —,cntena 'e'e" Z Decadent Area Substandard Area ter. 0 Cumulative Job Loss I ti 5 Y ears 0 (0) Attachment A:Map of Proposed EOA 01ca'se Zurich a-detailed map of die proposed EOA,indicating the c�isting highwa'ys,wat, �.Y`s;,�ataimi th ""-' E]Attached er, o =s: 01 (i) Please provide a detailed description ot the EOA boundaries including parcel numbers and how said area conforms to the definition of either"Blighted Open Area","Decadent Area7,"Substandard Auea and/or"Curnulative Job Loss"as marked in section 1. Th-e proposed Amended Jacqueline's EOX is an extension of the origin.a I Jacqm4ine's Site-Specifi.c E I OA approved by the EACC in 2013. The original EOA included Units I an 2(Salem Assessor's ID'07-0,070- 801 and 07-007--802)at 46 Swampscott Road,Salem,MA. This EOA application is an amendment to the originally approved EOA to include Unit 3(07-0070-803)at 96 Swampscott Road.For further �crmomic Opportunity Area Application I 4 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT information on the pmposed lot,see Attachment A.The EOA conforms to the definition of"Decadent Area",because,as currently standing,Unit 3 requires"major maintenance or repair"to meet the contemporary needs of Jacqueline's Wholesale Bakery,Inc. 3. REASOiNIFORDf.SICNATION (a) Please describe the reason for the proposed EOA Designation, Please include: (i) 'A brief narrative of why the EOA designation is important to the community, (ii)If a business has indicated an intention to locate or expand within the proposed EOA,please provide the name and brief description of the company.If applicable,attach the letter of intent. The City of Salem is requesting the Amended Jacqeuline's ECIA designation to support Jacqueline's Wholesale Bakery Inc.'s("JACQUELfNE'S")intent to purchase and rehabilitate the+/- ILI 30 sq.ft. Unit 3 and combine with Units I and 2 into a+/-44,500 sq.ft.mainurfacturring and headquarters facility at 96 Swampscott Road.EOA designation will encourage Jacqueline's investment of approximately$4-7M. Facility investment includes Unit 3 acquisition and rehabilitation as well as equipment investment(see Letter of Intent and Preliminary Certified Project Apptication for further details).In addition,EOA designation will result in the retention of one-hundred and twelve(112) full-time employees and the creation of an additional fifty(50)new ftill-time employees in the next five(5)years. (b) Please describe the economic development goals for the proposed EOA during the fimt rive years of E0A designation. As mentioned above,the economic development goals for the proposed EOA am twofold. First,EOA designation will encourage the investment of$4.7M at the facility. This investment includes building acquisistion and renovation that will result in additional real estate tax revenues to the City of Salem. Second,EOA designation will result in the retention of one-hundred and twelve(112)full-timejobs and the creation of fifty(50)full-time employees in the next five years. Jacqueline's has a history of employing residents of the Beverly,Salem and Danvers ETA and is committed to a good-faith effort to him qualified residents of the ETA-with particular emphasis on Salem residents from the Point neighborhood for future openings at the facilt. F�AfIC i4iCIPA DE§1GNA.Tl0N PROCESS,, 1. MUNICIPAL AUTHORITATI\T 14EVIEW D-A�`d alive' ------ cip ,R Viiiw.Mtln�"i al Officiial Salem City Council E 0 A'A 77 R'view 4, c �0 04 or B h mut I ontac C I:- F I e: n�Tffl, �Dircctor,Dept.of Planning S et C 120 Washington Street,31d Fluor an A ss: 61�..T Address: city: Salem 14A.�Zip Code�O 1970 T.I. h P 7elephoine kurntrer: 978-619-5685 Em Emall If I Address:' Iduncan@salem.com Economic Opportunity Area Application 2 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT (a) Indicate the local stan ards and procedures for review of project proposals including: (i) the application procedures, (ii)the finiefranne for review and determination (iii)and the criteria and process for approval of project proposals (iv)Attachments of any additional documentation required(if applicable) The Mayor and City Council shall review and approve individual project applications and designations. Applicants shall apply to the Mayor and City Council by filling out a Preliminary Certified Project Application and submitting relevant Economic Development Incentive Program (EDIP)materials. The City Council shall review and provide recommendation to the Mayor via a formal vote at a.City Council meeting. LOCAL Al'I'llOVAL S'l REANI 1.1 NING (a) Provide a proposal and plan(or attach existing plan)to Increase the ease of doing business by streamlining delivery of local services within the EOA such as the municipality's permit,approval and license procedures.See:"Best Practice Model for Streamlined Local Pernnittiqg�' The City of Salem is comanitted to the development of its proposed EOAs as evidenced by the Technical Assistance and staff support which am available to businesses locating or expanding in designated EOAs. The City of Salem's staff,including Director of Economic Development Andrew Shapiro and Department of Planning and Community development head Lynn Duncan,AICP provide the business community with guidance and access to numerous local,state and federal programs and agencies. 1b): a truncewith Community Reinvestment Act: Inchride a copy of a municipal lic Jf any exists,which.finks the munici pality's choice of b�iflking ns to t bank's C-Ompliance With the requirements of th C' er ommunity 9 ent ct. �FOR JFOR JFOR �FOR �FOR �FOR PE MMCTIPALITIES.,� This section must be completed by any municipality or member of a regional ETA with a population that exceeds fifty thousand(50,000)people. The population threshold should be calculated based on the most recent statistics available from the U.S.Bureau of the Census. Please check appropriate selection: 0 Municipality or regional ETA population exceeds 50,000 people(if checked,Please comRIete the below Part III . L]Municipality or regional ETA population is less than 50,000 people(if checked,Part[11.is not reguirrd,please skip to Part IV. Economic Opportunity Area Application COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT 1. N1 UNI C1 PA L I IN17RASTRIIC I URE SE PPOR'f Provide an analysis Of the existing infrastructure support and municipal services,including transportation access,water and sewer hook-ups,lighting,and fin and police protection to and for certified projects within die proposed EOA(s). Indicate if the existing level of services and infintstructure is adequate to support the anticipated development in the proposed EOA(s). Provide a proposal for meeting additional demand for municipal services and infrastructure improvement,including costs and funding sources available for these improvements. The proposed EOA,which extends the"Jacqueline's Site Specefic EOA"to include one additional industrial manufacturing condominium at 96 Swampscott Road in Salem,is serviced and supported by a road(Swampscott Road,which branches off of Highland Avenue in Salem);municipal water and sewer services;lighting via poles installed in the complex's parking lot and closer to the building;and fire, police,and general emergency services. The existing level of services and infrastructure is adeqaute to _auuQQaJhLAU�&ated de Ag in this UL9,T.osed FOA. 2. JOBTRAINING PROGRANIS Describe the municipality's plans to secure access to publicly or privately sponsored training programs for employees of certified projects and for residents of the mmicipality/ETA. The City has an extensive working relationship with the North Shore Workforce Investment Board(WIB) and its associated North Shore Career Center. The WIB has access to funding for various workforce training programs,which will be available to Jacqueline's Wholesale Bakery,me.or to those interested in applying for positions at the company. The City of Salem and associated partners,are committed to providing job and job training opportunities to Point neighborhood residents as a result of a recent Vision and Action Plan that was developed for this low-income neighborhood,as well as from activities stemming from a recent award of over$100,000 from the Federal Reserve Bank of Boston's"Working Cities Challenge." One sponsored program stemming from the Working Cities Challenge is an ESL class geared toward teaching English in a format contextualized to industry specific vocabulary. The City will work with Jacqueline's Wholesale Bakery to determine any specific ESE needs related to their manufacturing jobs. 3. EOCA L CONI M UN 11 Y INVOLVEN1 ENT Describe the municipality's plans to increase the level of private sector involvement an thelevelof involvement by community development organizations in the economic revitalization of the arca proposed for designation. For example,local involvement could include commitments from private persons to provide jobs andjob training to residents or to employees who for certified projects in the proposed EOA(s). Jacqueline's Wholesale Bakery,Inc.has committed to a good faith effort to employ residents of the Beverly,Salem and Danvers Regional Economic Target Area,with preference to hiring qualified City of Salem residents—particularly residents of Salem's low-income Point Neighborhood—for employment opportunities that become available at the facility. In order to increase the percentage of employees from f the Beverly,Salem and Danvers Regional Economic Target Area-and panicululy the City of Salem, Jacqueline's plans to advertisejob openings locally in the Salem News, and to recruit applicants using the resources of the North Shore Career Center on Washington Street in S alem,MA. Economic Opportunity Area Application 4 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT BINDING WRITT NZT�IV.M&WO L' FFE etifl this application in �The mtmicipalit�e6r�pletjfjgthis 1 .11 1 1 fi-- provideaPQifig'Wift 'o, 'ert6: ;'pn5v!deeith6j ja�jn6j;me I I — in mincingoraspecial a-s'�ssinen,t.t,cie�chb�Aified��,-.� r 0 -proposedEOA(s)� r, o 1, 4 p,- - �el., e to o is S, uncil 0 lir or Rc�61dtion, Attached I e t iii �e A- 0 ernmint,thi� staill' in,t e in o ti n,alon a e"'ficd Vow by'the To I- in.,4; a it cil r— �ermrneni�t�hi�shall, 0V in t e o 0 Z ,a nol -6 *1 or r es. o aon witti-a Certi�eiimote 6y the7o e �PART V.APPLICATION�UTITQWZATiONXERT IFICATION&ACKNOwLEDGEMENT Me Kimberiev Driscoll,Mayor(fill in mine and title)ofth,applicant municipality anal ingf, y a "Economic Opportunity Area"Designalionfrom the Commonwealth ofmassachus'ns,Economic Assistance Coordinating Council hereby certify that I/we have been authorized tofile this application and toprovide the information within and accompanying this application and that the information provided herein is true and complete. Five understand that the information provided with this application will be relied upon by the Commonwealth in deciding whether to approve "Economic Opportunity Area"Designation and that the Commonwealth reserves the right to take action against the applicant or any other beneficiary qf1he Economic Opportunity Area if the Commonwealth discovers that the applicant intentionallyprovided misleading, inaccurate, orfalse information. I/we make this certification under the pains andpenalties ofperjury. The signatories also hereby aclmowleuge that, under the Public Records law of the Commonwealth of iWassachuselts, this application and all documents submitted in support thereofare public records under theprovisions ofAlassachusetts G.L., Ch. 4,see- 7(26). XMavor July 2,2014 Name Title Date Select nmzVd1yyyv Name Title Date Economic Opportunity Area Application JACQUELINE9S EXHIBIT A --Unofficial Property Record Card - Salem, MA ID 07-0070403 Price P...I 113 - Ae...ritsinarge, P�rly Owner MS KIDS LLC 1'r-pIrty Laced..as SWAMPSCO�ROAD Maine,Adana.. I"alilutir Lee�nd�rdl Mast Ro.ord Sal.Dah,51912006 City SALEM Legal R-N.M.468265- Graingar 96 SWAMPSCOU ROAO,LLC, Mailing Start, MA sale PrICo 695,625 paugw�ng I LandAma 0,000 acres Curren'P`Werl),Assessment Building Val.645.900 X"Feadixres 0 V.I. Land Val.0 Tgral Value 645,900 Building Description 0-1------- Style FOundation Type Slab U"lla I Fenno JyM Sisal Flaaring TYPe Average Year Built 1 gas Rearegent ndar WA Building Ginnie Average R�Stra.W.Ran "deding T�m Building Carringon Average Fbaf�.r T.,-G,.v a, "seeing F.1 Go, FnIghed Area(SF)11 13g Sidling Metal Plnl Air 10% Ifterbor R..0 Interior Milo 0,..,l a Saw 0 0 3/4 Baft D 0 Beeinroar.1 0 diFull gains 9 a If in Basti,1 0 00ft, Legal Description Narrative Description of Property �bu`la"Party"agger's 0-000 a---ad land natiril,classified as Cierd�nd wid,gin)Cando Ind state building,bulk abrxI 10,6, seir,g Metal Paid exterior antal 70"GrIvot If.W-ith 1 0 nIgraq-) tedrearn.1.0 both(s),i half Mail Property images ----------------------------- Oi.talmer.Thminfoanation i5bellewd to be Wnbd but issubject W allang,Ind tonal easesteed. Unofficial Property Record Card -Salem, MA 11) 07-00704802 PH"Pamello - A..Ouat Pueblos, PnoleaftYChens' MHLLC "'Oesn't"Loo""'96 SWAMPSC()TTROAD 1012fifitgAddiness Pnelolirtlf this Condo-lay! Meet ftC.M Sol,D.,11112/20112 City SALEM Legal Rgibuence C205,,_ Mauling State MA OMMOI KCT REALTY MUST, loa,OelZonln,I Sale NICE,1,Z68,820 Land Area 0.000 Current Property Assessment Building Val.845,900 X�Fe.une.0 Value LAW Value 0 Total Val.645,900 51.111ding Description Swo Foundai Type Stab F1.1.9 Units I F--.JyM Steel Y..'Built 1906 As...st Ff., Building G,ade Av erage Reef SensOlun,Fiat Building COndifl.Ao a.,. ROOFC..r Headng IW* Healing Fuel GO, Flnishad Ama(SF)11130 Siding M.lel Pont Air 10% Ifuenber Roorna o %if,D"a, 8 OF Be"Garages a 0 Of 3M Sathe 0 Bodronns 0 0 of Full Beft 0 0 Of 112 Battles I #Of Other Flxhns 0 Leg )escriptlon Narrative Description of Prope ------ 0.000 acoss of land Mainly�l...Ifted as COhnio­bod w Ith aur)Condo Ind style buildip"g.built-boutissly having This pro=='. ty-fall' bd 1�1'o'l -Ifft i Wife),0 rooni(.�0 onbOn, 1.a Wth-L I half badiisl. Property Images DiOdsimer This infoehation is belio,d to be 00000t U4t ImaUbJea to Oange and is net vaibaltao,, Unofficial Property Record Card -Salem, MA ID 074)070-Slol ACCWM Number priorp.rc.111) — PmWrIYOWW JACQUELINES GOURMET COOKIES PruMnly Lmatlan 96 SWAMPSCOTT ROAD PmMrtY We C.�rd Mailing Addre..96 SWAMPSCOT!'RD Ul Midst�.m Sal.mas sit 012006 Levi Rr%rQr..46723 7- City SALEM G"'bur 96 SWAMPSCOTT ROAO,LLC, Mailing State MA Sal.Price 1.325,000 Land Area 0.000 acras Current Property Assess;;ent Building Value 1,276,000 X"Features 0 ".d Value 0 Value RAW Value 1,270,000 Building Description Style FOUndallon TIM Slab Units,I FlOuring Tyne Average Y..r Built 1986 Frame TAV Swal Es....M Rwr WA SuildIng Grade Avem R�Stru�aun Flat Heating 7�,, 9. RuGfOmverTa,�Gravef Bulf(Ung C011ditim A,,,g. Heating FWI Gas FI.IaNd AnIa(5F)2225, Siding Metal par,l Air 10% 1111111110,Mile Iii offlarnt 0 N.rmbar Recruit 0 0 a Sedirso.,0 #W Full Seem a 0 a We Baths 0 0 0 112 Baths 2 0 W OUser Rw.8 0 Legal Description Narrative Description of Property M Curd �.i�.(nlC�ind.tyl.buil��witsW�Igge having a. Prope ages 'EMISRAO Disclaimer This information is befiewd tO be coned but is sublad I. and 1.ru,��ngrtaad '2 j. c 781,800 195450 586,350 Fiscal year Exemption Incremental Exempted Estimated Estimated Total annual asssessed value property taxes property taxes base tax bill taxes paid 2015 100% 0 $25,056.69 0 $20,701 $20,701 2016 80% $156,360 $20,045.35 $5,011.34 $20,701 $25,712 2017 60% $312,720 $15,034.01 $10,022.68 $20,701 $30,724 2018 40% $469,080 $10,022.68 $15,034.01 $20,701 $35,735 2019 20% $625,440 $5,011.34 $20,045.35 $20,701 $40,746 2020 0% $781,800 $0.00 $25,056.69 $20,701 $45,758 $625,440.00 $20,045.35 20672.25 $469,080.00 $15,034.01 $156,360.00 $312,720.00 $10,022.68 $156,360.00 $5,011.34 0 $0.00 Fiscal Year Exemption Incremental Assessed Exempted Estimated Estimated Total Annual Value Property Taxes Property Taxes Base Tax Bill Taxes Paid 2015 100% 0 $25,056.69 0 $20,701 $20,701 2016 80% $156,360 $20,045.35 $5,011.34 $20,701 $25,712 2017 60% $312,720 $15,034.01 $10,022.68 $20,701 $30,724 2018 40%1 $469,080 $10,022.68 $15,034.01 $20,701 $35,735 H20191 20%1 $625,440 1 $5,011.34 1 $20,045.35 1 $20,701 1 $40,746 0201 0%1 $781,800 1 $0.00 1 $25,056.69 1 $20,701 1 $45,758 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF SUSINESS DEVELOPMENT EDIP Supplemental Application Exhibit 2:Local Incentive Valuation for Jacqueline's Wholesale Bakery,Inc.(Salem) Projected Annual Exempted Municipal Tax Incremental RE Property Tax TU/STA Exempted Total Yearly FY Rate Per Assessed Bill for Yearly Annual RE nnua Value of Local Thousand Value Incremental Exemption% Property Taxes Person Assessed Value Property Taxes Tax.Incentives FY2016 $32.05 $78t,800.00 $25,056.69 1000% $25,056.69 SO.00 $25,056.69 FY2017 $32.05 $781,800.00 $25,056.69 800/. $20,045.35 $0.00 $20,045.35 FY2018 $32.05 $781,800.00 $25,056.69 60% $15,034.01 $0.00 $15,034.01 FY2019 $32.05 $781,800.00 $25,056.69 40% $10,022.68 $0.00 $10,022.68 FY2020 $32.05 $781,800.00 $25,056.69 20% $5,011.34 $0.00 $5,011.34 Enter Year $0.00 $0.00 $0.00 0% $0.00 $0.00 $0.00 Enter Year $0.00 $0.00 $0.00 00/0 $0.00 $0.00 Enter Year $0.00 $0.00 $0.00 00/0 SO.00 $0.00 $0.00 Enter Year $0.00 $O.GO $0.00 0% $0.00 $0.00 $0.00 Enter Year $0.00 $0.00 $0.00 0% $0.00 $0.00 $0.00, Enter Year $0.00 $0.00 0% $0.00 $0.00 $0.00 Enter Year NNE 1 NO $0.00 0% $0.00 $0.00 $0.00 TOTALS $75,170.07 $0.00 $75,170.07 Note:In Massachusetts,Proposition 2V�operates at the level of a municipality's total tax levy. Due to Proposition 2%,it is impossible to make reliable projections for individual parcels,whose taxes may increase much mom or much less than the munici Total Yearly Value of Local Tax Incentives minus PILOT tar 93 82 ip Q7 Itz- 32 21 v 0 Lr GOURMET COOKIES Jacqueline's Gourmet Cookies Employee Handbook W Issue Pate: June 1, 2011 OUSINESS ETHICS AND CONDUCT The successful business operation and mputatmn of Jacqueline's Gourmet Cori is built in large pan upon the principles of fair dooling and ethical conduct of our employment,Our NATURE OF EMPLOYMENT reput.nion for integrity and excellence requires careful observance of the spirit and letter of all applicable laws and regulations,as well as a scrupulous regund for the highest stiodards,of Employment with Jacqueline's Gourmet Cockles is wilsinto ty entered into,and the employee conduct and personal integrity. is free to reeign at will at any time,with or without cause.Similarly,Jacqueline's Gourmet Cockles may terminate the arnploymern relationship at will at am rime,with or without The continued success of jacquelfinds Gourmet Condos is dependent upon our customers' notice or cause. trust,and we am dedicated to preserving that trust Employeds me a duty tohaccmlinds Gourmet Cookiet,it customers,and smarsholders,to act in a way that will ment the policies set fordi in this handbook am net intended I.create a contract,nor am they 0 be continued must and confidence of the public construed to constitute contractual obligations of any kind or a contract of employment between Jacqueline s Gourmet Cookies and any of in employeses.The provisions of the in genaml,the use of good judgmat based on high emical prim,ilplas and relevant laws handbook have been developed at the discretion of management and,except for its Policy and policies.111 guide re with respect be lin re of acceptable conduct.If a Situation of employment at will,may be amended or cancellool at any find,at Jacqueline's Gourmet arises where it is difficult to determine the prefer course of action,the matter should be Cookies'sole discretion without monce. discussed openly with your Immediate supervisor and,If nescoverry,with Human Resources for advice and consultation. These provisions supersede al I as seng policies and practinced and may not be amended or added to without the express written approval of an amborizedi official of)acquellose's Compliance with this plid,of business ethics and i,creduct is the responsibi[fly of norry Gourmet Cockles. jacqualine's Gourmet Doodles employee Disregarding or failing to comply with this standard of business ethics and conduct could lead to disciplinary action,up to and Including possible EMPLOYEE RELATIONS termination of amploymern Jacqueline's Gourmet Cook!.be]Jews,that the work conditions,wages,and berefiu it offers SEXUAL HARASSMENT,DISCRIMINATION AND OTHER UNLAWFUL to!B employees are competitive with these offered by other employers;in this arem and in HARASSMENT this Industry. famplorrom,have concerns aboutwork conditions or compareartion,they are strongly encouraged to volce those concerns openly and directly to their supervisors, It is the policy of Jacqueline's Gourmet Cockier to promote a workplace that is free of sexual firmationern,dituriminanne,and any other type of illegal harassment whether Our es,derence has shown that when employees deal openly and directly with so,ewiscirs, based on sex,race,coll million,national crigi n,meal crentation,age,or disability. the work arrammirent con be excellent coveremnit,alion,can be clear and anitudes can bre, Sexual hoommosent and other illegal hamearment of employees occurring in the workplace Fosilivs.We believe Ifer jacquallne'S Gourmet Dodder amply demonstrates IN commitment or in other settings In whIch employees may And themselves in conincetion with their to employees by Wending effectively to employee concerns employment is unlawful and will not be mlicated by tri is organization.Further,any retaliation agarmL an individual who has complained inhout sexual or other illegal hanuarment or about EQUAL EM PLOYMENT OPPORTU N ITY discrimination or rchifializin against individuals for cooperating with an invaeffirstimm of a complaint about unlawful harassment or discrimination Is unlawful and will not be notimnsted. In order to ferwide equal eeployment and advancement opportunities to all individuals, This policy sent fourth a procedure by which inappropriate conduct wil I be dealt with,if employment decisions at Jacqueline's Gourmet Cookies wi 11 he based on mcri4 encountered by andiddimes. qualifications,somorit,and abilifirs.Jacqueline's Commet Cockes does not discriminate in employment opportunities or practiona on the bands of nind,colon religion,sm,sexual Became Jacqueline's Gourmet Cuddles takes allegations of sexual harassament,discrodo,nion orientation,rollout origin,age,disability,or any what characteristic predicted by law. and other unlawfUl hamoment seriously,we wil I respond promptly a,complaints of such conduct.Where it is determined that Inappropriate minister has occurred,we will Am employees with operations or concerns about any type of discrimination or handarrient act promptly to eliminate the conduct and impose such correc:in action n is necemarry in the workplace are encouraged to bring these issues 0 the abortion of then,immediate including ifiscipi iner,action where appropriate. supervisor or Human Resources.Employees can raise concerns and make report,without fear of reprisal.Anyone found to be engaging in any type of unlawful descrieverfism wil I be subjezi to discifil mary action,up to and Including termination of employment.Pleive refer to the Sexual Harassment,Discrimination and Other Unlawful Harassment pollc,e In this handbook for more tnfimrzzficn� 5 4 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT Economic Development Incentive Program (EDIP) MELIMINARY APPLICATION The following information is required by the Massachusetts Office of Business Development(MOBD)and the Economic Assistance Coordinating Council (EACC)to make a preliminary determination on the eligibility of a project under the Economic Development Incentive Program. This galication must be returned in electronic form to your MCBD Regional Director and a hardeopy with original signature(s) mailed to: EDLP Manager, M[OBD, 10 Park Plaza, Suite 3730, Boston, MA 02116.Please refer to the EDIP Guidelines,www.niass.gov/hed/g_dip and your MOBD.Regional Director for assistance with this application- Economic Development incentive Program Preliminary Application COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT PART 1. COMIPANY OVERVEEW 1 1 1 1 i M0 P Company Name: Jacqueline's Wholesale Bakery,Inc. Street Ark 0 Road,Unit 3 Project Location Address: alem ip Code: 01970 Company Headquarters L, I[A FEIN (Federal Employer 04-349317 Identification Number): DUA 4(Dept. of Une Lployment 83-36889-0 Assistance 9): Type of Organization: (a) Type of Organization: Corporation Company's Taxable Year End: 12/31 NAICS Code: 311800 Is the applicant classified as a MA Department of Revenue Yes No Manufacturer? nt Outside of MA sales as of 12/31/2013 55% — Company's outside of (b)Projected Outside ot HA Wes upon completion of project: 55% Massachusetts sales as a 1. percentage of total sales: (a) Additional lulormation(if necessary): Jacqueline s 2013 sales were currently(b)projected upon $40,279,865. Of this,Jacqluelines'shipped$22,180,754 out of state,with completion of proposed project: $18,099,111 shipped in Massachusetts. In-state sales distribution and I out-of-state sales distribution have remained consistent for many years and the new project is not PIXpected to alter the above numbers. Executive Officer/ Full Name: Marc Hazel Title: CEO Company Designee; Contact(if different from above): Full Name: 77 Title: 6mact Address: Street Address: 96 Swampscott Road,Unit 1 City: Salem State: MA ZipCde: 01970 Telephone Number: 978-744-8600 Email Address: mhazel@jacquelinesbakery.com "M g �iuja'1111 gpi Please provide a brief description and history of the company. Jacqueline!s Wholesale Bakery,Inc. is a gourmet cookie producer that services supermarket chains,hotels, cruise lines,food service distributors and national chain accounts throughout the United States- Founded by Jacqueline Hazel in 1993,her kitchen based bakery was incorporated in 2000 and moved from Malden to Salem in 2006. Jacqueline's had twenty(20)full-time employees in 2006. In 2013,Jacquelines was approved as a Certified Project in the Massachusetts Economic Development Incentive PTyam(EDIP)for our commitment to expand from approximately 22,000 square feet to 33,380 Economic Development Incentive Program Preliminary Application 2 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT square feet at our NSF Cook&Thurber certified production facility at 96 Swampscott Road in Salem. Components of the expansion included an approximately$2.9M investment and a commitment to increase employment from seventy-five(75)full-time employees to one-hundred and ten(110)full-time employees over a five(5)year period- Jacqueline's employment opportunities include manufacturing,warehouse and mnaagement positions. Today,Jacquelinds is proud to announce that we have already exceeded 2013's EDIP commitment and are poised to make another significant investment in our company. As of May,2014,Jacqueline7s has one-hundred and twelve(112) full-time employees. After careful consideration,including the opportunity to expand into larger facilities in Greater Cape Ann and New Hampshire,Jacqueline's is strongly considering remaining in Salem and expanding at 96 Swampscott Road. An expansion would include the purchase and renovation of an additional 11,130 square feet(Unit 3),an investninct of approximately$4.8M and a commitment to create an additional fifty(50)new full-time jobs over a five-year period(to 162 total full-time employees). Jacqueline's credits our growth not only to creating the best tasting,consistently outstanding products that fit the individual needs of our customers,but also to our ongoing collaboration with the City of Salem and the Commonwealth of Massachusetts. The benefits associated with our 2013 Certified Project approval have allowed us to reinvest in our company at an accelerated rate,rewarding our customers with gourmet superb quality while increasing the City of Salem tax base and creating significant employment opportunities in the Commonwealth. Jacqueline's 2013 annual sales grew to $40M and we expect to grow by as much as 20% annually in the next two years. Our commitment to remain and expand in Salem is largely predicated upon this ongoing collaboration with the City and the Commonwealth. As a result,Jacqueline's is seeking additional Certified Project status for our latest potential expansion and we are exploring partnering with Mass Development as a financing partner for this project. Economic Development Incentive ProgramPreliminary Application 3 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT PART U.ECONOMIC DEVELOPMENT PROJECT (a) Please provide a description of the proposed expansion project. The business expansion would include the purchase and renovation of a new 11,130 sq.ft.condominium abutting our existing facility at 96 Swamscott Road,as well as additional equipment investment to support this expansion.Jacqueline's Salem headquarters is used for both manufacturing and warehousing purposes. Jacqueline's would close on the purchase of the condominium in late June,2014 and begin renovation of the facility in Q3 2014. The new addition could be operational by the end of Q4,2014 or early 2015.Tbe new facility is expected to open in Q I or Q2 of 2015 following facility upgrades and equipment purchase and installation. Building Purchase: $1,220,400 Late Q2/Q3 2014 Equipment Investment: $2,519,007 Q3/Q42014-QIIQ22015 Facility Upgrades: $1,042,404 Q3/Q4 of 2014 (b) Does the current public ves No F-1 infrastructure meet the proposed certified project's needs? If no, If no,please explain: please explain. (a) Please indicate the date a (b) Date the (c) Date the applicant (d) Date the applicant Letter of Intent was sent applicant expects expects to expects to open the to the municipality and to begin the complete the facility: cc:MOBD Regional project: project: Director: 1 5/6/2014 8/1/2014 1/1/2015 2/l/2015 Additional Information (if necessary)on Project Timeline: Please provide a breakdown of the expected investment required and associated costs. Land: $0 Construction: $1,042,404 Machinery&Equipment: $2,519,007 Qther $1,220,400 Total Projected Investment: $4,781,811 �2ditional Information(if necessary)on Investment: C �AYFMNNHMM (a) Is the applicant new to YeSE] No M Massachusetts? (i) If no,where are the existing Salem,M —JN/A Massachusetts facilities? Economic Development Incentive Program Preliminary Application 4 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT (ii) If no,what is the applicant's 112 full-time permanent MA employees full-time,permanent as of 5/31/2014 N/A E] employment in Massachusetts (total of all MA facilities)? (b) Will the proposed economic development project require and/or trigger the closing or consolidation Yes E] No 0 of any Massachusetts facilities or the elimination of any otherjobs If yes, please explain: currently in Massachusetts? If yes, please give location of facility and elplain. QX In Please indicate the number of, (a) FWI-Time (b) Full-Time (c) Full-time (d) Total Full-Time Permanent Jobs Permanent Permanent Permanent Existing to be Created Employment to be Employees to be Jobs to be Retained (net new to facility Retained (number transferred from at Project Location and of employees other Massachusetts (Sum of questions 5b. Massachusetts): currently at the Locations to Project and 5c.): Project Location,if Location(if any): any): 50 112 112 Additional Information (if necessary)on Project Location Employment:Jacqueline's has a history of double-digit growth. When Jacqueline's moved from Malden to Salem in 2006,Jacqueline's had 20 full-time employees. In 2013,Jacquelines committed to growing from 75 full-time employees to I 10 employees over a 5-year period. We exceeded thejob commitment goal injust one year.Today Jacquelfire's has 112 full-time employees with 2013 annual sales of$40 million.Jacqueline's expects to maintain -and even exceed-our existing growth schedule in the coming years. (e)What action will the applicant take to recruit employees from among residents of the municipality and/or Economic Target Area? In order to increase the percentage of employees who reside in the Beverly, Salem and Danvers Regional Economic Target Area-and particularly the City of Salem,Jacqueline's plans to: advertise job openings locally in the Salem News. In addition,Jacqueline's plans to recruit applicants using the resources of the North Shore Career Center on Washington Street in Salem, MA. Jacqueline's is committed to a good faith effort of employing residents of the Beverly,Salem and Danvers ETA with a particular emphasis on Salem residents in the Point neighborhood for employment opportunities that become available at the facility. It is worth noting that Jacqueline's has done job training for its workforce through the Workforce Investment Board(WIB) located in Salem and will cotinue to do so as our workforce increases. Economic Development Incentive Program Preliminary Application 5 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT (f)Will the project result in significant spin off economic benefit and support Massachusetts based suppliers and contractors?Please explain. Jacqueline's purchases over$4 million annually from Seigel Egg Distributors(Billerica),$2 million from Sparrow Enterprises(East Boston-chocolate)and spends more than $600,000 annually in boxes,pallet sheets and trays from a number of different local packaging suppliers. Finally,the Massachusetts Manufacuring Extension Partnership(MassMEP)has contended that every manufacturingjob indirectly supports 3.24 positions elsewhere in the economy. Jacqueline's is one of Salem's largest employers and we remain dedicated to hiring qualified Salem residents whenever possible.Given MassMEP's multiplier,Jacqueline's indirectly supports 362jobs in the Massachusetts economy-growing to more than 500 following our projected expansion.Finally,the$1,042,404 in facility upgrades should provide work opportunities to many Massachusetts based su iers and contractors. (a) Will the applicant own or leaselrent the facility where the business Lease Own 1Z expansion/relocation will occur? (i) If leasing/renting,identify the developer/landlord and state who Jacqueline's affiliate MH LLC will be the owner of will be the taxpayer of record for record of the property. Jacqueline's and MH LLC are N/A El purpose of paying local real estate joined by mutual ownership. taxes? (ii)If owning,will the applicants yes No N/A El fully occupy the space? (iii)lf the applicant will not fully occupy the space, do.es.it intend Yes F1 No NIA El to lease/rent the remaining space?If yes,to whom(if If yes,to whom? known)? (b) Is the site of the facility a 43D YesE] No M N/AE1 Preferred Development Site? If yes, name s.t If yes, name site: c bo ) oe�tfi e mposed expansion project involve the renovation and reuse of an Yes El No 0 abandoned building? (i) If yes or unsure,how long has months the building been vacant or unused N/A (if known, state date) Vacant since:Sclect Ynntldd�vyyy (ii) If yes,during the period of time that the building has been vacant or %vacant unused,what percentage of the building was vacant and unused?If the percentage varied during this Details: N/A time period,provide information for each change in the percent of vacant space and the applicable time period. S, State Investment Tax Credit Yes No (a) Please indicate which incentives the applicant is seeking in relation to the Local Real Estate Tax Incentive Yes No Economic Development Incentive Program Preliminary Application 6 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT expansion project. State Abandoned Building Renovation YesE] No El Deduction (b)Is Ftheapplicant seeking tax I fir I incentives from the Massachusetts Yes No Life Science Center?If yes,please explain as this may affect the If,yes please explain: potential EDrP benefits. d information Jacqueline's is partnering with the Massachusetts Development (c) Please provide detaile Financing Agency(MassDevelopment)to assist in financing the on any other sources of public or proposed expansion. MassDevelopment would participate in quasi-public funding that has been financing new equipment. Jacqueline's is in discussions with received or will be sought to MassDevelopment,but Jacqueline's expects to partner with contribute towards the financing of MassDevelopment on a six-year loan with the equipment. The the proposed expansion. MassDevelopment commitment would be for$1,542,000 and Jacqueline's would close on the loan in July,2014. (d) Has the applicant previously been approved as a"Certified Project!'by Yes NoEl the Economic Assistance Coordinatirig Council (EACQ? (i) Project Name:Jacqueline's If yes,what is the Project(i)name; (ii) Project Municipality: Salem NIA (ii)municipality; (iii)approval date? (iii) Project Approval Date: 3/26/201:3 :H (e) lease indicate whether t he Select Funding Source N/A applicant has utilized other sources of public or quasi-public funding in Select Funding Source N/A the past. If applicable,please explain Select Funding Source N/A specific uses of funding and amount.If other,please give details if applicable or other,please explain: N/A on the funding source. 3e-explain JSelepl Fi'indl-ng S(Iul-i iding and )I e se , giv s If a PE a c detail licable or othe ree 7 Fconomic Development Incentive Program Preliminary Application COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT PART III. LABOR AFFIRAIATION "INS n- im-gisni.M- 111111MMINSH • As an applicant requesting Certified Project approvai,Jacqueline's�W�boles�ale Bakery,Inc.,affirms rin (check box)that this business will not unlawfully misclassify workers as self-employed or as ;ment independent contractors,and certifies compliance with applicable state and federal employment I laws and regulations, including but not limited to minimum wages, unemployment insurance, mi Law,Chapter 58 workers' compensation,child labor,and the Massachusetts Health Care Refin 7 of the Acts of 2006, as amended. • As an applicant requesting Certified Project approval,Jacqueline's Wholesale Bakery,Inc.,affirms (check box)that this business will not knowingly employ developers,subcontractors,or other third parties that unlawfully misclassify workers as self-employed or as independent contractors, or that fail to comply with applicable state and federal employment laws and regulations, including but not limited to minimum wages,unemployment insurance, workers' compensation, child labor,and the Massachusetts Health Care Reform Law, Chapter 58 of the Acts of 2006,as amended. L K Within the past five years, has the applicant or any of its officers,directors,employees,agents,or subcontractors of which the applicant has knowledge,been the subject of(if yes,please provide details): (a) an indictment,judgment,conviction,or grant of immunity, including pending actions, Yes No for any business-related conduct constituting a crime under state or federal law; Details: "(b) a government suspension or debarment, rejection of any bid or disapproval of any proposed contract Yes No subcontract, including pending actions,for lack of responsibility,denial or revocation of prequalification Details; or a voluntary exclusion agreement ; or (c) any governmental determination of a violation of any Yes No public works law or regulation,or labor law or regulation or any OSHA violation deemed"serious or Details: willful?" IV.AUTHORIZATION & CERTIFICATIONS Provide proof of good tax standing in the Commonwealth of Massachusetts via a Massachusetts Department ofRevenue Certificate of Good Standing for Attached each of the businesses intending to take advantage of the state tax incentives. I round unti I a Certificate of Good Date of DOR *Applications will not advance to the supplementa anticipated Application for Standing is received.The certificate must be dated within 6 months of the Certificate of Good EACC meeting that the project is coming forth for review. Standing- 7/23/2014 To obtain a Certificate of Good Standing visit: Notes: x httl2s://wfb.dor.state.ma.us/webfile/Certificate/Public/WebForms/Welcome.asp— Economic Development incentive Program Preliminary Application 8 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT Economic Development Incentive Program Preliminary Application 9 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT The following section will be sent to The Commonwealth of Massachusetts' Joint Task Force on the Underground Economy and Employee Misclassification which will certify that the applicant is in compliance with its obligations.to the state of Massachusetts.The Joint Task Force will contact the applicant directly if there is an outstanding issue. Legal Business Name: Jacqueline's Wholesale Bakery, Inc. Doing Business As: Jacquelines Wholesale Bakery,Inc. Primary Business Address. Address: 96 Swampscott Road City: Salem State: MA ZipC,de: 01970 FEIN (Federal Employer 04-3494317 Identification Number): DUA#(Dept. of 83-36889-0 Unemployment Assistance 4�- Type of Organization: Corporation Total Number of MA 112 Employees: List Address(es)of other Business Locations in MA: Economic Development Incentive Program Prelitninary Application 10 , COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT maim IlWe Marc H=el CEO (names and titles)of the applwant business aWY01gJar"Cert1fied Prolect"status from the Commonwealth of M=achwelis,Economic Assistance Coordinating Council hereby certify that[Ave have been authorized tofile this application and toprovide the informid6on within and accompanying L'Y ipplication and that the information provided herein is true and complete and that it reflects he applicant's inientionsfor investment,job creation and sides to the best of mylour knowledge after having conducted reasonable mquiry IlWe understand that the mformationprovidedwUh this afflical'On will be relied upon by the Commonwealth in deciding whether to WrOve 'Certified Project"status and that the Commonwealth reserves the rigid to take action against the applicant or any other beneficia?y of the Certified Project is the Commonwealth discovers that the applicant mientionany provided misleading, buiccurate,orfalse mformation. FIVe make this cerafkation under thepauts andpena[ttes ofperjwY The signatories also hereby acknowledge that. under the PublicRecords law of the Commonwealth of Afmsachuseus, this application and all documents submitted in support thereof are public records under the provisions of massachuselts G.L,Ch 4,sec 7(26). Signed- r _C.�June�10,2014, Tr select mnvdd�vryy Date Name Title Economw I)evelopment Incentive Piogirain Preltininesy Appheation MASSACHUSETTS DEPT.OF REVENUE P.O.BOX 7066 BOSTON,MA 02204 AMY PITTER, COMMISSIONER ROBERT O-NEILL, BUREAU CHIEF JACQUELINES WHOLESALE BAKERY INC TIP ID 043494317 96 SWAMPSCOTT RD UNIT 1 Date 6/23/2014 SALEM, MA 019701730 Bureau CERTIFICATE CERTIFICATE OF GOOD STANDING AND/OR TAX COMPLIANCE The Commissioner of Revenue certifies as of the above date, that the above named individual or entity is in compliance with its tax obligations payable under M.G.L. c.62C, including corporation excise, sales and use taxes, sales tax on meals,withholding taxes, room occupancy excise and personal income taxes,with the following exceptions. This Certificate certifies that individual taxpayers are in compliance with income tax obligations and any sales and use taxes,sales tax on meals,withholding taxes, and/or room occupancy taxes related to a sole proprietorship. Persons deemed responsible for the payment of these taxes on behalf of a corporation, partnership or other business entity may not use our automated process to obtain a Certificate. This Certificate does not certify that the entity's standing as to taxes such as unemployment insurance administered by agencies other than the Department of Revenue, or taxes under any other provisions of law. Taxpayers required to collect or remit the following taxes must submit a separate request to certify compliance:Alcoholic Beverage Excise, Cigarette Excise, Sales Tax on Boats, International Fuels Tax Agreement, Smokeless Tobacco or Ferry Embarkation. THIS IS NOT A WAIVER OF LIEN ISSUED UNDER GENERAL LAWS,CHAPTER 62C, SECTION 52- Very truly yours Robert O'Neill, Bureau Chief RESOLUTION WHEREAS,Jacqueline's Wholesale Bakery, Inc. (hereinafter "JACQUELINE'S") wishes to expand their gourmet frozen cookie manufacturing business located at 96 Swampscott Road, Units 1 and 2, Salem, MA into 96 Swampscott Road, Unit 3 in Salem, MA; and WHEREAS, 96 Swampscott Road, Unit 1, Salem, MA, known as Assessor's Parcel ID 07-0070-801 (hereinafter "UNIT 1") is owned by JACQUELINE's; and WHEREAS, 96 Swampscott Road, Unit 2, Salem, MA, known as Assessor's Parcel ID 07-0070-802, (hereinafter "UNIT 2") is owned by MH, LLC; and WHEREAS, UNIT 1 and UNIT 2 are owned by commonality of interest, having the same owner, WHEREAS,JACQUELINE'S wishes to expand their business into 96 Swampscott Road, Unit 3, Salem, MA, known as Assessor's Parcel ID 07-0070-803, (hereinafter "UNIT 3"), WHEREAS, the City of Salem (hereafter "CITY") is willing to grant tax concessions in return for a guarantee of the lease and renovation of an additional +/- 11,130 sq. ft. of manufacturing and warehouse facility space and the creation of employment opportunities for local workers, with a particular emphasis on residents of Salem's Point neighborhood; NOW, THEREFORE, BE IT RESOLVED that the Salem City Council hereby • Requests that the Commonwealthof Massachusetts extend the Site Specific Jacqueline's Economic Opportunity Area to include Unit 3; and • endorses the use of Tax Increment Financing as a tool to encourage economic development within the Site Specific Jacqueline's Economic Opportunity Area, and approves the Tax Increment Financing Plan negotiated by the CITY and the JACQUELINE'S, and • provides for a tax exemption for UNIT 3 for a period of five (5) years, beginning the first full fiscal tax year after Certificate of Occupancy is issued for UNIT 3 in accordance with the schedule below; FISCAL YEAR EXEMPTION 2016 100% 2017 80% 60% 2019 40% 2020 20% Said exemption being in accordance with M.G.L. Chapter 23A, Section3E, Chapter 40, Section 59, Section 5. BE IT FURTHER RESOLVED that the Mayor is hereby authorized, on be-half of the City, to enter into a Tax Increment Financing Agreement with Jacqueline's Wholesale-Bakery-, Inc. In City Council June 26, 2014 Adopted by unanimous roll ca'll vote of 11 yeas,,O nays, 0 absent I Approved by the Mayor on July 1, 2014 ATTEST: CHlERAaLAPOINTE CITY CLERK City of Salem Yea and Nay Vote of City Council Upon the Question of RESOLUTION: Tax lncrempnt--�Finanring Agreement for expansion of Jacqueline's Wholesale Bakery P Yea Nay Pres. Absent Date 201.4 David W. Eppley Hea ther E. Famico Thomas H Furey Beth Gerard L/ William H.Legault Elaine F. Milo Joseph A. O'Keefe,Sr. Arthur C.Sargent, III 'rodd A.Siegel Josh If.Turiel Robert K. McCarthy President 'rotals IT Q4�� 0- mnq-� CWY CLERK A TRUE COPYT T CITY CLERK SALEM, MASS. TAX INCREMENT FINANCING AGREEMENT CITY OF SALEM, MASSACHUSETTS and JACQUELINE'S WHOLESALE BAKERY, INC. This agreement is made this day of July, 2014 by and between the CITY OF SALEM, a municipal corporation duly organized under the laws of the Commonwealth of Massachusetts, having a principal place of business at City Hall, 93 Washington Street, Salem, Massachusetts,01970, acting through the Mayor Kimberly Driscoll (hereinafter called"the CITY")and Jacqueline's Wholesale Bakery, Inc., a Massachusetts corporation with a principal place of business at 96 Swampscott Road, Unit 1, Salem, MA 01970(hereinafter called "the COMPANY"). The base year for this Agreement will be FY2015. The exemptions associated with this Agreement will take effect beginning in FY2016. For exact location of site, refer to Attachment"Exhibit A". WHEREAS,the COMPANY wishes to expand their gourmet frozen cookie manufacturing business into 96 Swampscott Road, Unit 3 in Salem; and WHEREAS,the CITY is willing to grant tax concession in return for guarantee of the purchase and renovation of the 11,130 square feet manufacturing and warehouse facility and the creation of employment opportunities for local workers; and WHEREAS, the Salem City Council resolved on June 26, 2014, to allow the use of Tax Increment Financing as a tool to encourage economic development within the Amended Jacqueline's Economic Opportunity Area; and WHEREAS, the Salem City Council resolved on June 26, 2014 to endorse the Tax Increment Financing Plan negotiated by the CITY and the COMPANY. NOW, THEREFORE, in consideration of the mutual promises contained herein,the parties do mutually agree as follows: A. THE COMPANY'S OBLIGATIONS I. The COMPANY shall purchase and renovate a+/- 11,130 sq. ft. facility at 96 Swampscott Road in Salem(herein after"the FACILITY"). The FACILITY is identified as Salem Assessor's Parcel ID 07-0070-803 (Unit 3). For an exact location of the FACILITY, refer to Attachment, "EXHIBIT A." 2. During the life of the Agreement, if the COMPANY decides to sell the FACILITY or the business or to otherwise transfer control of the FACILITY or business and/or operations thereof, the COMPANY shall give the CITY at least three months written notice of said sale or transfer. Said notice shall be given by certified mail, return receipt requested, to the Mayor, City Hall, 93 Washington Street, Salem, Massachusetts, 01970. B. THE CITY'S OBLIGATIONS I. The CITY shall grant a tax increment financing exemption to the COMPANY in accordance with Massachusetts General Laws, Chapter 23A, Section 3E, Chapter 40, Section 59,and Chapter 59, Section 5. Said exemption shall be granted on the improvements to the FACILITY. Said exemption shall be valid for a period of Five(5)years, beginning with Fiscal Year 2016. During each year of this Agreement,the COMPANY will pay taxes based on the portion of the value of the FACILITY which is not exempt under this Agreement. 2. The exemption schedule on the value of the FACILITY works as follows: for each of the Five(5)years of this AGREEMENT, the COMPANY will pay taxes on a percentage of the value of the FACILITY and be granted an exemption of a percentage of the full value of the FACILITY. In Year six(6), the COMPANY will pay taxes on the full value of the FACILITY. FISCAL YEAR EXEMPTION 2016 100% 2017 80% 2018 60% 2019 40% 2020 20% C. OTHER CONSIDERATIONS 1. This Tax Increment Financing Agreement shall be binding on all subsequent owners of the property. ne CITY reserves the right to review and negotiate the Tax Increment Financing Agreement if the business activity ceases to be fully operational during the life of the Tax Increment Financing Agreement. 2. If the COMPANY decides to expand the FACILITY at any time during the life of the Tax Increment Financing Agreement, the CITY and the COMPANY may renegotiate the Tax Increment Financing Agreement to exempt all or part of the expansion from property taxes. The exact amount of that exemption will be determined at the time of the expansion. Executed as sealed instrument on the day and year first above written. CITY OF SALEM JACQUELINE'S WHOLESALE BAKERY, INC. PKimberhy Driscoll Mayor Marc Hazel, President FISCAL YEAR EXEMPTION 2016 100% 2017 80% 2018 60% 2019 40% 2020 20% C. OTHER CONSIDERATIONS I. This Tax Increment Financing Agreement shall be binding on all subsequent owners of the property. The CITY reserves the right to review and negotiate the Tax Increment Financing Agreement if the business activity ceases to be fully operational during the life of the Tax Increment Financing Agreement. 2. If the COMPANY decides to expand the FACILITY at any time during the life of the Tax Increment Financing Agreement, the CITY and the COMPANY may renegotiate the Tax Increment Financing Agreement to exempt all or part of the expansion from property taxes. The exact amount of that exemption will be determined at the time of the expansion. Executed as sealed instrument on the day and year first above written. CITY OF SALEM JACQUELINE'S WHOLESALE BAKERY, INC. Kimberly Driscoll, Mayor Marc Hazel, President TAX INCREMENT FINANCING PLAN LOCATION A. Economic Opportunity Area(EOA): Amended JACQUELINE'S EOA B. Municipality: City of Salem C. TIF Zone: i. Map Exhibit A u. Description (common) Common Description The proposed TIF Zone is for a proposed+/- 44,500 sq. ft. Jacqueline's Wholesale Bakery, Inc. ("JACQUELINE'S") manufacturing and warehouse facility and corporate headquarters at 96 Swampscott Road, in the amended Jacqueline's Economic Opportunity Area(EOA). The JACQUELINE'S project will be on land currently owned by MH, LLC and JACQUELINE'S — each bound together by mutual ownership. Specifically, the lots are identified as Parcels 07- 0070-801, 07-0070-802 and the newly acquired 07-0070-803 in the Salem Assessor's office. I JACQUELINE'S development is expected to utilize the existing utilities available on Swampscott Road for service to the existing facilities. iii. Narrative description of TIF Zone, Needs, Problems and Opportunities. The TIF Zone site is to support +/- 44,500 sq. ft. industrial and office facility on Swampscott Road in Salem. JACQUELINE'S proposed investment in the development of the site is: Building Purchase: $1,220,400 Equipment Investment: $2,519,007 Facility Upgrades: $1,042,404 Total Investment: $4,781,811 The proposed development generates more tax dollars as well as increased jobs. iv. Property Owners with the proposed TIF Zone MH, LLC and JACQUELINE'S intend to solely own the +/- 44,500 sq. ft. facility at the proposed site. TIME—DURATION OF TIF PLAN AND ZONE DESIGNATION Five (5) Years TIF ZONE & ECONOMIC DEVELOPMENT A. Discuss how the TIF Zone is poised to create economic development opportunities. The designation of this property as a TIF Zone will create a number of new economic'development opportunities. JACQUELINE'S intends to retain one-hundred and twelve (112) full-time employees and create at least fifty (50) new full-time jobs. JACQUELINE'S anticipated $4,781,811 investment will increase the City's commercial tax base. If approved, this TIF Plan will demonstrate that the City can and will offer economic development tools to attract business. B. Discuss how the TIF Zone will result in net economic benefit to the local municipality. Approving the proposed TIF Zone will result in the following economic benefit to the City of Salem: JACQUELINE'S investmeht of approximately $4,871,811 —a significant increase over the current base value. JACQUELINE'S retention of one-hundred and twelve (112) full-time jobs and the creation of fifty (50) new full-time jobs. JACQUELINE'S commitment to a good faith effort of employing residents of the Beverly, Salem and Danvers Regional Economic Target Area, with preference to hiring qualified City of Salem residents—particularly residents of Salem's Point Neighborhood—for employment opportunities that become available at the facility. C. Analysis of proposed and potential land uses The project includes the purchase and redevelopment of 11,130 sq. ft. Unit 3 at 96 Swampscott Road to combine for a+/-44,500 sq. ft. facility. JACQUELINE'S is expanding their manufacturing facility and corporate headquarters in the space. D. Zoning in TIF Zone Industrial E. Identify any parcels, public or private, in Zone which are confirmed hazardous waste disposal sites, in accordance with Chapter 21 E, MGL. N/A IV. TIF ZONE PROJECTS A. Private Projects I. Proposed See Preliminary Certified Project Application 2. Planned See above 3. Provide documentary evidence of the level of the developer's commitment to construction proposed and required in the TIF project. JACQUELWE'S has a longstanding relationship with East Boston Savings Bank and is working with both East Boston Savings Bank and Massachusetts Development Financing Agenc i Development") to support project acquisition, construction and equipment investment. y (" Mass JACQUELINE'S has annual revenues of approximately $40,000,000. 4. Budget for proposed project expenditures with supporting data. See Preliminary Certified Project Application 5. Letters of commitment from local lending institutions. See Preliminary Certified Project Application and attached. Jacqueline's has a relationship with East Boston Savings Bank and has a commitment from Mass Development for $1,542,000 to help finance the project. 6. Participation in other federal, state or local Economic Development programs and initiatives. JACQUELINE'S has applied for additional incentives through the Massachusetts Economic Development Incentive Program ("EDIP")through the Massachusetts Office of Business development ("MOBD"). 7. Relevant Business Plans i. Time schedule for development Development is expected to be completed by the end Q2, 2015. ii. Returns on investment The company is anticipating expanding and growing the business into the new location (Unit 3) to continue the production of gourmet cookie products. iii. Expected Increases in Job Creation The project will retain approximately one-hundred and twelve (112) full-time employees and is committed to the creation of at least fifty (50) new permanent full-time employees in the five (year) duration of the TIF. iv. Estimated Tax revenues based on the increased valuation of the parcel. JACQUEL INE'S anticipated $4,781, 811 investment includes $1,042,404 in facility renovation investment that will directly result in an increase to the CITY'S commercial industrial tax base. This is based on JACQUELfNE'S commitment to pay taxes on a percentage of the new value of the renovated facility for five (5) years and 100% of the taxes in Year Six (6). B. Public Projects 1. Proposed—Not Applicable 2. Planned—Not Applicable 3. Budget for proposed project expenditures supporting data—Not Applicable V. FINANCING FOR TIF ZONE PROJECTS A. Anticipated Financing for Private Projects 1. Sources and Amounts for Proposed Projects See above. JACQUELINE'S is financing the project in collaboration with East Boston Savings Bank and Mass Development. 2. Sources and Amounts for Planned Projects See above. B. Anticipated Financing for Public Projects Not Applicable C. Detailed Projection of Costs of Public Construction Not Applicable D. Will Betterment be used to Finance any Public-Private Projects, now or within the Proposed Life of the TIF Plan? No Betterment will be used. E. Is Betterment or Special Assessment part of the TIF Plan? Not Applicable F. Describe how Private Project will be Financed. 1. Evidence of Private Financing Commitments See above. JACQUELINE'S is financing the project in collaboration with East Boston Savings Bank and Mass Development. 2. Material Assumption and Requirements See above. JACQUELINE'S is financing the project in collaboration with East Boston Savings Bank and Mass Development. VI. TAX INCREMENT FINANCING A. Authorization to use TIF The attached City Council Resolution authorizes the City of Salem to use TIF in the Amended JACQUELINE'S EOA. The City Council will vote on the Resolution authorizing the use of the TIF Plan for JACQUELINE'S on June 26, 2014 and the resolution will be forwarded when executed. B. Amount of Proposed Tax Increment Exemptions for Property Taxes, and applicable criteria: The Proposed Increment Exemption is as follows: FISCAL YEAR EXEMPTION 2016 100% 2017 80% 2018 60% 2019 40% 2020 20% C. Maximum Percentage of Public Project Costs that can be Recovered through Betterment or Special Assessments in lieu of the Incremental Real Estate Taxes. Not Applicable D. TIF Exemption from Property Taxes I. Term of Exemption: Five (5) Years The Exemption Plan Works as Follows: YEAR COMPANYPAYS 1 0% of Increment 2 20%of Increment 3 40% of Increment 4 60% of Increment 5 80% of Increment E. Effective Date of Tax Increment Exemption Fiscal Year 2016 F. Betterment or Special Assessments Not Applicable VIL APPROVAL OF TAX INCREMENT FINANCING PROJECTS A. Approval Process The City Council is anticipated to approve two resolutions accepting the Certified Project Application for the project and allowing the Mayor to enter into a TIF Agreement with JACQUEUNE'S at their meeting on June 26, 2014. The project will then require approval by the Economic Assistance Coordinating Council (EACC), which is slated to meet on September 24, 2014. B. Person or Board Authorized to Execute TIF Agreements The Mayor executes the TIF Agreement, upon approval from the City Council C. Evidence of Local Approvals of TIF Zone Pending City Council Approval on June 26, 2014 D. Evidence of Local Approvals of TIF Plan Pending City Council Approval on June 26, 2014 E. Executed TIF Agreements (Any and All) Pending City Council Approval June 26, 2014 F. EACC Approval of TIF Plan Pending EACC Approval on September 24, 2014 JACQUEL is EXHIBIT A Unofficial Property Record Card - Salem, MA ID 07-0070-803 Account Number Prior Parcel ID - Property Owner TCS KIDS LLC Property Location 96 SWAMPSCOTT ROAD Property Use Condo-Ind MailingAddress Most Recent Sale Data 5/912ool; City SALEM Legal Reference 468265- Grantor 96 SwAmpscoTr ROAD,LLC, Mailing State MA Sale Price 695,625 ParcelZonlng I Land Area 0.000 acres Current Property Assessment Building Value 645,900 Xtra Features Value 0 Land Value 0 Total Value 645,900 Building Description Style Foundation Type Slab Flooring Type Av erage Units I Frame Typo Steel Year Built 1986 Roof Structure Flat Basement Floor N/A Building Grade Average Heating Typ, Roof Cover Tar-Gravel Heating Fuel Gas Building Condition Average Siding Metal Pani Air 10% Finished Area(SF)11130 Interior Walls Drywall #of Bamt Garages o Number Roorns 0 of Bedrooms 0 9 of Full Baths o #of 314 Baths 0 #of 112 Baths i #of Other Fixtures o Legal Description Narrative Description of Property This property contains 0.000 acres of land mainly classified as Condo-Ind with a(n)Condo Ind style building,built about 1986,having Metal Pani exterior and Tar+Gravel roof cover.with I uniffs).0 room(s),0 bdroom(s),0 bath(s),I half bath(s). P Images .0 Z ........ ..... Disclaimer This information is believed to be correct but is subject to change and is not warranteed. Unofficial Property Record Card - Salem, MA 10 07-0070-802 Account Number Prior Parceill) - PropertyOwner MHLLC Property Location 96 SWAMPSCOTT ROAD Mailing Address Property Use Condo-Ind Most Recent Sale Data 1112/2012 City SALEM Legal Reference C20"1- Mailing$title MA Grantor KCT REALTY TRUST, ParcelZoning I Sale Price 1,268,820 Land Area 0.000 acres Current Property Assessment Building Value 645,900 Xtra Features Value 0 Land Value 0 Total Value 645,900 Building Description Style Foundation Typo Slab Units I Flooring Type Average Year Built 198a Frame Type Steel Basement Floor N/A Building Grade Average Roof Structure Flat Heating Type Building Condition Average Roof Cover Tar+Gravel Heating Fuel Gas Siding Metal Pant Air 10% Finished Area(SF)11130 Interior Walls Drywall Number Rooms 0 A of Bedrooms 0 of Bamt Garages 0 of 314 Baths 0 of 1/2 Baths I #of Full Baths 0 #of Other Fixtures 0 Legal Description Narrative Description of Property This property contains 0.000 acres of land mainly classified Condo-Ind with a(n)Condo Ind style building.built about j986.having Metal Pant exterior and Tar+Gravel roollcover,with I unit(s as roorn(s),0 bedroom(s),0 bath(s),I halfbath(s). )'0 P Images Disclaimer.Thisinfonnation isbelieved to be waect but issubject to change and 13notwarranteed. Unofficial Property Record Card - Salem, MA ID 07-0070-801 Account Number Prior Parcel ID - PrOPertyOwner JACQUELINES GOURMET COOKIES Property Location 96 SWAMPSCOTT ROAD Property Use Condo-Ind Mailing Address 96 SWAMPSCOTT RD Ul Most Recent Sale Data 511012006 Legal Reference 467237- City SALEM Grantor 96 SWAMPSCOTT ROAD,LLC, Mailing State MA Sale Price 1,325,000 ParcelZoning I — Land Area 0.000 acres Current Property Assessment Building Value 1,276,000 Xtra Features 0 Land Value 0 Value Total Value 1,276,000 Building Description Style Foundation T�pe S lab Flooring Type Average Units I Frame Type Steel Basement Floor NIA Year Built 1986 Roof Structure Flat Heating Type Building Grade Average Roof Cover Tar+Gravel Heating Fuel Gas Building Condition Average Siding Metal PanI Air 10% Finished Area(SF)22250 Interior Mile Minimum of Bsmt Garages 0 Number Rooms 0 #of Bedrooms 0 #of Full Baths 0 #of 3/4 Baths 0 #of 1/2 Baths 2 III of Other Fixtures 0 Legal Description Narrative Description of Property This property contains 0.000 acres of land mainly classified as Condo-Ind with a(n)Condo Ind style building, built about 1986,having Mmetmal Pani exterior and Tar+Gravel roof cover,with 1 unit(sL 0 roorn(s),0 bedroom(s),0 bath(s),2 half bath(s). Prope ages 4 Disclaimer This information is believed to be correct but is subject to change and is not waminteed. A-b V "T4 4f �P'� �Cz �%� '�'x��11 1.--!�* .. I , "Ic N, 46 A z 2j' wr P., - s4 gg 0 17 6' kz)wamPScott,Rd, SaleM-MA 01970, USA MR �v M4 A 74 q- W-, 1W 44 - GOOAle'earth' city of Salem Yea and Nay Vote of City Council Upon the Question or Jacqueline's Wholesale -Bakery. Inc. Tax ;Increment Financing Agreernent for exemptions which take effect FY 2016 through FY 2020 Date 201.4 Yea Nay 7Pres. Absent David W. E le Heather E. Fandco Thomas H. Furey Beth Gerard William H. Legault Elaine F. Milo Joseph A. O'Keefe,Sr. Arthur C.Sargent,III ,rodd A.Siegel Josh H.T�riel Robert K. McCarthy President 'rotals VESC[W CLERK At TRUE COPY 91W CLERK SALEM, MASS. COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT Economic Development Incentive Program (EDIP) PRUIMINARY APPLICATION The following information is required by the Massachusetts Office of Business Development(MOBD)and the Economic Assistance Coordinating Council (EACC)to make a preliminary determination on the eligibility of a project under the Economic Development Incentive Program. This application must be returned in electronic form to your MOBD Regional Director and a hardeopy with original signature(s) mailed to: EDIP Manager,MOBD, 10 Park Plaza, Suite 3730, Boston, MA 02116.Please refer to the EDIP Guidelines,www.inass.2ov/hed/edip and your MOBD Regional Director for assistance with this application. Economic Development Incentive Program Preliminary Application COMMONWEALTH OF MASSACHUSE17S ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT kNY OV'E" iVIE'W" 1. CONIPANY INFORMATION Company Name: Jacqueline's Wholesale Bakery,Inc. Project Location Address: Street Address-, F96 Swampscott Road,Unit 3 _:ElSalem I MA I Zip Cod,- F01970 Company Headquarters Location: City: I Salem State: MA FEIN(Federal Employer 04-349317 Identification Number): DUA# (Dept.of Unemployment 83-36889-0 Assistance 4): Type of Organization: (a) Type of Organizatio n1 : Corporation Company's Taxable Year End: 12/31 NAICS Code: 311800 Is the applicant classified as a MA Department of Revenue Yes No Manufacturer? (a) Current Outside of MA sales as of 12/31/2013 : 55% 1 Company's outside of (b)Projected Outside of MA sales upon completion of project: 55% Massachusetts sales as a I percentage of total sales: (a) Additional Information(if necessary): Jacqueline's 2013 sales were currently(b)projected upon $40,279,865. Of this,Jacq I uelines'shipped$22,180,754 out of state,with completion of proposed project: $18,099,111 shipped in Massachusetts. In-state sales distribution and out-of-state sales distributt I on ave remained consistent for many years and the new nroiect is not exvecte to alter the above numbers. 2. COMPANY CONTACT Executive Officer/ Full Name: Marc Hazel Title: CEO Company Designee: I I Contact(if different from above): Full Name: I Title: Contact Address: Street Address: 96 Swampscott Road, Unit I CVi ] Salem State: MA Zip Code: 0 1970 Telephone Number: 978-744-8600 Email Address: I mhazel@jacquelinesbakery.com 13. COMPANYDESCIUPTION & III[STORY Please provide a brief description and history of the company. Jacqueline's Wholesale Bakery, Inc. is a gourmet cookie producer that services supermarket chains,hotels, cruise:lines,food service distributors and national chain accounts throughout the United States. Founded by Jacqueline 14azel in 1993,her kitchen based bakery was incorporated in 2000 and moved from Malden to Salem in 2006. Jacqueline's had twenty (20)full-time employees in 2006, In,2013,Jacqueline's was approved as a Certified Project in the Massachusetts Economic Development Incentive Program(EDIP)for our commitment to expand from approximately 22,000 square feet to 33,380 Economic Development Incentive Program Preliminary Application 2 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT square feet at our NSF Cook&Thurber certified production facility at 96 Swampscott Road in Salem. Components of the expansion included an approximately$29M investment and a commitment to increase employment from seventy-five(75)full-time employees to one-handred and ten(110)full-time employees over a five(5)year period- Jacqueline's employment opportunities include manufacturing,warehouse and mnaagement positions. Today,Jacqueline's is proud to announce that we have already exceeded 2013's EDIP commitment and are poised to make another significant investment in our company. As of May,2014,Jacqueline's has one-hundred and twelve(112)full-time employees. After careful consideration, including the opportunity to expand into larger facilities in Greater Cape Ann and New Hampshire,Jacqueline's is strongly considering remaining in Salem and expanding at 96 Swampscott Road. An expansion would include the purchase and renovation of an additional 11,130 square feet(LJnit 3),an investirmet of approximately$4.8M and a commitment to create an additional fifty(50)new full-timejobs over a five-year period(to 162 total full-time employees). Jacqueline's credits our growth not only to creating the best tasting,consistently outstanding products that fit the individual needs of our customers,but also to our ongoing collaboration with the City of Salem and the Commonwealth of Massachusetts. The benefits associated with our 2013 Certified Project approval have allowed us to reinvest in our company at an accelerated rate,rewarding our customers with gourmet superb quality while increasing the City of Salem tax base and creating significant employment opportunities in the Commonwealth. Jacqueline's 2013 annual sales grew to$40M and we expect to grow by as much as 20% annually in the next two years. Our commitment to remain and expand in Salem is largely predicated upon this ongoing collaboration with the City and the Commonwealth. As a result,Jacqueline's is seeking additional Certified Project status for our latest potential expansion and we are exploring partnering with Mass Development as a financing partner for this project. Economic Development Incentive Program Preliminary Application 3 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT PART H.-EIC6NOMIC DEVELOPM[ENT PROJECT 1. PRO POSED BUSINESS EXPAN SION PROJ ECT (a) Please provide a description of the proposed expansion project. The business expansion would include the purchase and renovation of a new 11,130 sq.ft.condominium abutting our existing facility at 96 Swarnscott Road,as well as additional equipment investment to support this expansion.Jacqueline's Salem headquarters is used for both manufacturing and warehousing purposes. Jacqueline's would close on the purchase of the condominium in late June,2014 and begin renovation of the facility in Q3 2014. The new addition could be operational by the end of Q4,2014 or early 2015.The new facility is expected to open in QI or Q2 of 2015 following facility upgrades and equipment purchase and installation. Building Purchase: $1,220,400 Late Q2/Q! 2014 Equipment Trivestment: $2,519,007 Q3/Q4 2014-QI/Q2 2015 Facility Upgrades: $1,042,404 Q3/Q4 of 2014 (b) Does the current public Yes No infrastructure meet the proposed certified project's needs? If no, If no,please explain: I please explain. 2. PROJECT TUNIELINE (a) Please indicate the date a (b) Date the (c) Date the applicant (d) Date the applic;nt Letter of Intent was sent applicant expects expects to expects to open the to the municipality and to begin the complete the facility: cc: MOBD Regional project: project: Director: 5/6/2014 8/1/2014 1/1/2015 2/1/2015 Additional Information (if necessary)on Project Timeline: : 3. INVESTIMENTBREAKDOWN Please provide a breakdown of the expected investment required and associated costs. Land: $0 Construction: $1,042,404 Machinery& Equipment: $2,519,007 Other $1,220,400 Total Projected Investment: $4,781,811 Additional Information (if necessary)on Investment: 4. NIASSACHUSETTS E.NIPLOYINIENT (a) Is the applicant new to Yes E] No Z Massachusetts? (i) If no,where are the existing Salem,MA ---FN/A Massachusetts facilities? Economic Development Incentive Program Preliminary Application 4 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT (ii) If no,what is the applicant's 112 full-time permanent MA employees full-time,permanent as of 5/31/2014 N/A E] employment in Massachusetts (total of all MA facilities)? (b) Will the proposed economic development project require and/or trigger the closing or consolidation Yes No of any Massachusetts facilities or the elimination of any otherjobs If yes,please explain: currently in Massachusetts?If yes, please give location of facility and explain. 1 5. PROJECT LOCATION EMPLOYMENT Please indicate the number of, (a) Full-Time (b) Full-Time (c) Full-time (d) Total Full-Time Permanent Jobs Permanent Permanent Permanent Existing to be Created Employment to be Employees to be Jobs to be Retained (net new to facility Retained (number transferred from at Project Location and of employees other Massachusetts (Sum of questions 5b. Massachusetts): currently at the Locations to Project and 5c.): Project Location,if Location (if any): any): 50 t12 112 Additional Information (if necessary)on Project Location Employment: Jacqueline's has a history of double-digit growth. When Jacqueline's moved from Malden to Salem in 2006,Jacqueline's had 20 full-time employees. In 2013,Jacquelines committed to growingfrom 75 full-time employees to 110 employees over a 5-yearperiod. We exceeded the job commitment goal in just one year.Today Jacqueline's has 112 ful 14ime employees with 2013 annual sales of$40 million.Jacqueline's expects to maintain-and even exceed-our existing growth schedule in the coming years. (e) What action will the applicant take to recruit employees from among residents of the municipality and/or Economic Target Area? In order to increase the percentage of employees who reside in the Beverly, Salem and Danvers R�gional Economic Target Area-and particularly the'City of Salem,Jacqueline's plans to: advertise job openings locally in the Salem News. In addition,Jacqueline's plans to recruit applicants using the resources of the North Shore Career Center on Washington Street in Salem, MA. Jacqueline's is committed to a good faith effort of employing residents of the Beverly, Salem and Danvers ETA with a particular emphasis on Salem residents in the Point neighborhood for employment opportunities that become available at the facility. It is worth noting that Jacqueline's has done job training for its workforce through the Workforce Investment Board(WIB) located in Salem and will cotinue to do so as our workforce increases. Economic Development Incentive Program Preliminary Application 5 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT (f)Will the project result in significant spin off economic benefit and support Massachusetts based suppliers and contractors?Please explain. Jacquelines purchases over$4 million annually from Seigel Egg Distributors(Billerica),$2 million from Sparrow Enterprises(Fast Boston-chocolate)and spends more than $600,000 annually in boxes, pallet sheets and trays from a number of different local packaging suppliers. Finally,the Massachusetts Manufacuring Extension Partnership(MassMEP)has contended that every manufacturingjob indirectly supports 3.24 positions elsewhere in the economy. Jacquelines is one of Salem's largest employers and we remain dedicated to hiring qualified Salem residents whenever possible.Given MassMEP's multiplier,Jacqueline's indirectly supports 362 jobs in the Massachusetts economy-growing to more than 500 following our projected expansion.Finally,the$1,042,404 in facility upgrades should provide work opportunities to many Massachusetts based suppliers and contractors. (a) Will the applicant own or lease/rent. the facility where the business LeaseEl own Z expansion/relocation will occur? (i) If leasing/renting, identify the developer/landlord and state who Jacqueline's affiliate N11H LLC will be the owner of will be the taxpayer of record for record of the property. Jacqueline's and M[H LLC are NJAE1 purpose of paying local real estate joined by mutual ownership. taxes? (ii) If owning,will the applicants Yes 0 NoEl NIA 0 fully occupy the space? (iii)If the applicant will not fully occupy the space, does it intend YesEJ NoE] to lease/rent the remaining N/A space?If yes,to whom(if If yes,to whom? known)? (b) Is the site of the facility a 43D YesEl No M N/AE1 Preferred Development Site? If yes, name site. If yes, name site: (c) Does the proposed expansion project involve the renovation and reuse of an Yes No abandoned building9 (i)If yes or unsure,how long has months the building been vacant or unused N/A E] (if known, state date) Vacant since:Select mimlddl J,�yy (ii) If yes,during the period of time that the building has been vacant or %vacant unused,what percentage of the building was vacant and unused? If the percentage varied during this Details: N/A time period, provide information for each change in the percent of vacant space and the applicable time I neriod. 7. INCENTIVES & FIN AN(ING Investment Tax Credit Yes X (a) Please indicate which incentives the Flee No applicant is seeking in relation to the I Local Real Estate Tax Incentive Yes No Economic Development Incentive Program Preliminary Application 6 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT expansion project. State Abandoned Building Renovation El No 0 Deduction yes (b) Is the applicant seeking tax incentives from the Massachusetts YesEl No M Life Science Center? If yes,please explain as this may affect the If,yes please explain: potential EDIP benefits. (c) Please provide detailed information Jacqueline's is partnering with the Massachusetts Development on any other sources of public or Financing Agency(MassDevelopment)to assist in financing the quasi-public funding that has been proposed expansion. MassDevelopment would participate in financing new equipment. Jacqueline's is in discussions with received or will be sought to MassDevelopment,but Jacquelines expects to partner with contribute towards the financing of MassDevelopment on a six-year loan with the equipment. The the proposed expansion. MassDevelopment commitment would be for$1,542,000 and Jacqueline's would close on the loan in July,2014. (d) Has the applicant previously been approved as a"Certified Project"by Yes M No F1 the Economic Assistance Coordinating Council (EACQ? (i) Project Name: Jacqueline's If yes,what is the Project(i) name; (ii) Project Municipality: Salem NIA (ii)municipality; (iii)approval date? (iii) Project Approval Date: 3/26/2013 (e) Please indicate whether the Select Funding Source N/A applicant has utilized other sources of public or quasi-pub,lic funding in Select rFunding Source N/A 11 f our_c the past. If applicable,please explain S, 'Ject Select Funding Source N/A rc specific uses of funding and amount. If other,please give details If applicable or other, please explain: NIA on the funding source Economic Development incentive Program Preliminary Application 7 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT PART 111. LABOR AFFHIMATION 1. CERTIFICATION OF STATE & FEDERAL EYIPLOYNIENT LAWS As an applicant requesting Certified Project approval,Jacqueline's Wholesale Bakery.Inc., affirms (check box)that this business will not unlawfully misclassify workers as self-employed or as independent contractors,and certifies compliance with applicable state and federal employment laws and regulations, including but not limited to minimum wages, unemployment insurance, workers' compensation,child labor,and the Massachusetts Health Care Ref6rm Law, Chapter 58 of the Acts of 2006, as amended. As an applicant requesting Certified Project approval,Jacqueline's Wholesale Bakery,Inc.,affirms (check box)that this business will not knowingly employ developers,subcontractors,or other third parties that unlawfully misclassify workers as self-employed or as independent contractors, or that fail to comply with applicable state and federal employment laws and regulations, including but not limited to minimum wages, unemployment insurance,workers' compensation, child labor,and the Massachusetts Health Care Reform Law, Chapter 58 of the Acts of 2006,as amended. 2. COMPANY DISCLOSURE Within the past five years,has the applicant or any of its officers,directors,employees,agents,or subcontractors of which the applicant has knowledge, been the subject of(if yes,please provide details): (a) an indictment�judgment,conviction,or grant of immunity, including pending actions, Yes El No El for any business-related conduct constituting a crime under state or federal law; Details: (b) a government suspension or debarment,rejection of any bid or disapproval of any proposed contract subcontract,including pending actions, for lack of Yes No responsibility,denial or revocation of prequalification Details; or a voluntary exclusion agreement; or (c) any governmental determination of a violation of any Yes No public works law or regulation,or labor law or regulation or any OSHA violation deemed "serious or Details: willful?" iV'AUTHORIZATION&CERTIFICATIONS 1. CERTIFICATE OF GOOD STANDING Provide proof of good tax standing in the Commonwealth of Massachusetts via a Massitehuseds Department ofReven Certificate of Good Standing for Attached each of the businesses intending to take advantage of the state tax incentives. *Applications will not advance to the supplemental round until a Certificate of.Good Date of DOR Standing is received. The cerfificke must be dated withih 6 months of the anticipated Application for EACC meeting ihaf the project is coming forth for review. Certificate of Good .1 Standing:.7/23/2014 To obtain a Certificate of Good Standing visit: Notes: https:Hwfb.dor.state.ma.us/webfile/Certif'jcate/Publie/WebForins/Welcome.ast)x Economic Development Incentive Program Preliminary Application 8 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT omic Development Incentive Program Preliminary Application 9 COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT 2. CONIPLIANCEWI[TIR NIASSACHUSETTS OBLIGATIONS The following section will be sent to The Commonwealth of Massachusetts' Joint Task Force on the Underground Economy and Employee Misclassification which will certify that the applicant is in compliance with its obligations,to the state of Massachusetts.The Joint Task Force will contact the applicant directly if there is an utstanding issue. Legal Business Name: Jacqueline's Wholesale Bakery,Inc. Doing Business As: Jacqueline's Wholesale Bakery,Inc. Primary Business Address: Address: 96 Swampscott Road City: Salem State: I MA I ZipEd,. T01970 FEIN (Federal Employer 04-3494317 Identification Number): DUA#(Dept. of 83-36889-0 Unemployment Assistance Type of Organization: Corporation Total Number of MA 112 Employees: List Address(es)of other Business Locations in NIA: Economic Development Incentive Program Preliminary Application to COMMONWEALTH OF MASSACHUSETTS ECONOMIC ASSISTANCE COORDINATING COUNCIL MASSACHUSETTS OFFICE OF BUSINESS DEVELOPMENT llt�a ammanow ilwe,MarcHazel CEO (names and titles)of the pplicant business.Vplynigfor "Certified Project"status from the Commonwealth ifMassachusefts,Economic Assistimce Coordinating Council hereby certify that 11we have been authorized to file this application.and to provide the information within and accompanying this application and that the information provided herein is true and complete and that it reflects the applicant's intentionsfor investment.job creation and sales to the best of mylour knowledge after having conducted reasonable inquiry. LlWe understand that the information provided with this alplication will be relied spon by the Commonwealth in decidmg whether to approve "Certified Project"status and that the Commonwealth reserves the right to take action against the applicant or any other benejkiary of the Certified Project is the Commonwealth discovers that the applicant intentionaffy provided misleading, inaccurate, orfalse information, Me make this certification Wk*r thepalAS andpenatties ofperjwy. The signatories also hereby acknowledge that, under the Public Records law of the Commonwealth of Massachusetts, this application and all documents submitted in support thereof are public records under the provisions of Massachusetts G-L., CIL 4, sec. 7(26). Signed- e CEO June 10,2014 Title Date Select-mmIddlyyyy Name Title Date Economic Development Incentive Progmin Preliminary Application MASSACHUSETTS DEPT.OF REVENUE P.O.BOX 7066 BOSTON,MA 02204 AMY PITTER, COMMISSIONER ROBERT O'NEILL, BUREAU CHIEF JACQUELINES WHOLESALE BAKERY INC T/P ID G43494317 96 SWAMPSCOTT RD UNIT 1 Date 6/23/2014 SALEM, MA 0 19701730 Bureau CERTIFICATE CERTIFICATE OF GOOD STANDING AND/OR TAX COMPLIANCE The Commissioner of Revenue certifies as of the above date, that the above named individual or entity is in compliance with its tax obligations payable under M.G.L.c.62C, including corporation excise, sales and use taxes, sales tax on meals,withholding taxes, room occupancy excise and personal income taxes,with the following exceptions. This Certificate certifies that individual taxpayers are in compliance with income tax obligations and any sales and use taxes, sales tax on meals,withholding taxes, and/or room occupancy taxes related to a sole proprietorship. Persons deemed responsible for the payment of these taxes on behalf of a corporation, partnership or other business entity may not use our automated process to obtain a Certificate. This Certificate does not certify that the entity's standing as to taxes such as unemployment insurance administered by agencies other than the Department of Revenue, or taxes under any other provisions of law. Taxpayers required to collect or remit the following taxes must submit a separate request to car*compliance:Alcoholic Beverage Excise, Cigarette Excise, Sales Tax on Boats, International Fuels Tax Agreement, Smokeless Tobacco or Ferry Embarkation. THIS IS NOT A WAIVER OF LIEN ISSUED UNDER GENERAL LAWS, CHAPTER 62C, SECTION 52. Very truly yours Robert O'Neill, Bureau Chief Base value is what the property is assessed for in FY2015 which is presently at$645,900. Base value is reflective of market and may change slightly if we see an increase in overall value of industrial properties, i.e. 1 or 2 %. It could go down as well although we don't expect it to. 2016 Year 2 base plus 20% = $208,480 so assessment would be: $854,380 as long as "base" doesn't change. 2017 Year 3 base plus 40% = $416,960 $1,062,860 2018 Year 4 base plus 60% = $625,440 $1,271,340 2019 Year 5 base plus 80% = $833,920 $1,479,820 2020 Year 6 base plus 100% = $1,042,400 $1,688�300 Total value $3,000,000 below investment Base value can change We can discuss. Deb Deborah A. Jackson Director of Assessing City of Salem 93 Washington Street Salem, MA 01970 978-619-5607 From: Andrew Shapiro Sent: Tuesday, June 10, 2014 9:01 AM To: Deb Jackson Subject: FW: update... Hi Deb— I don't know if you have time to work on this this morning but we finally got the information about the Jacqueline's Cookies expansion. I think they'd understand not being able to get to Council for this meeting, but I wanted to see if this is something that you could look at now. If not, hopefully we can set aside time this week to get it done for the Council's second meeting this month. Here are some of the details I pulled from the attached draft application: -Will purchase and expand Unit 3 (11,130 sq/ft) at 96 Swampscott Road -Investment will total approximately $4.8M ($4,781,811 exactly) -Building Purchase: $1,220,400 -Equipment Investment: $2,519,007 -Facility Upgrades: $1,042,404 1 know that we're looking to do another five year TIF at 100%, 80%, 60%, 40%, 20% and taxed at full assessment in the sixth year. Best, Andrew Andrew Shapiro Economic Development Planner 2 City of Salem Department of Planning and Community Development 120 Washington Street I Salem, MA 01970 978-619-5685(y) 1978-740-0404 (0 oflim(�histcry' ng. From: Robert Matthews [mailto:BMatthews(ataxincentivesconsultants.com] Sent: Monday, June 09, 2014 9:56 PM To: Andrew Shapiro Cc: BMatthews(o)taxincentivesconsultants.com Subject: RE: update... Andrew—apologies for the delay. Attached is the preliminary EDIP application. Marc will sign it 1"thing tomorrow and I'll forward to you. Am almost done with the TIF but this application should have all of the formal background Mayor Driscoll needs. I understand that this is a little late and may not be able to go before council on the 12 th. That said,we'd love to push it forward ASAP. Jacqueline's is committing to 50 new jobs. I'll touch base in the am. Talk soon, Bobby Bobby Matthews 617-967-6283 (c) Principal Tax Incentives Consultants LLC http://www.taxincentivesconsultants.com Please consider the environment before printing this email From:Andrew Shapiro [mailto:AShapiro@Salem.c'omi Sent: Monday,June 9, 2014 1:37 PM To: Robert Matthews Subject: RE: update... Hi Bobby— Any news? I'm not certain we're leaving ourselves enough time to get something on the next Council agenda. Best, Andrew Andrew Shapiro Economic Development Planner City of Salem Department of Planning and Community Development 120 Washington Street I Salem, MA 01970 978-619-5685(v) 1976-740-0404 (f) C 1�fllrw 610 Ist I ory- 3 From: Robert Matthews [mailto:BMatthews(ataxincentivesconsultants.com] Sent: Thursday, June 05, 2014 2:56 PM To: Andrew Shapiro Subject: FW: update... Andrew—See below. I've been on them for a few days. I'll turn it around ASAP when I get the info. Apologies for this and I'll be in touch tomorrow am. Thanks/sorry, Bobby Bobby Matthews 617-967-6283 (c) Principal Tax Incentives Consultants LLC http://www.taxincentivesconsultants.com ii Please consider the environment before printing this email From:Jack ONeil [mailto:'oneil@macquelinesbakery.com) Sent:Thursday,June 5, 2014 2:10 PM To: Robert Matthews Subject: RE: update... Bobby, I don't think I will get to it today... I will make sure you have Friday am. Regards, Jack ONeil CFO Jacqueline's Gourmet Cookies 96 Swampscott Road, Unit 1 Salem, MA 01970 P (978)498-4515 C(978)604-0285 F (978)744-8622 0 oneil@oacquelinesbakery.com www.jacquelinesbakery.com From: lack ONeil Sent: Tuesday, June 03, 2014 11:17 AM To: 'Robert Matthews'; Marc Hazel Subject: RE: update... Bobby, I will have to late morning tomorrow. Thank you, Jack ONeil CFO 4 Jacqueline's Gourmet Cookies 96 Swampscott Road, Unit I Salem, MA 01970 P (978)498-4515 C(978)604-0285 F (978)744-8622 0 onei(c@macquelinesbakery.com www.iacauelinesbakery.com From: Robert Matthews [mailto:BMatthews(cbtaxincentivesconsultants.com] Sent: Monday, June 02, 2014 11:10 AM To: Marc Hazel; Jack ONeil; BMatthews(cbtaxincentivesconsultants.com Subject: update... Marc and Jack—I hope all's well. I met with Mayor Driscoll last Thursday and am working on another Preliminary EDIP application as well as an amended TIF Agreement for Mayor Driscoll, Andrew Shapiro (Salem ED Director). Salem is very supportive and this is progressing more quickly than I'd expected, but all good news. We have a goal of the Mayor introducing the project to Salem City Council next Tuesday(June 9). Below is a list of answers I need to finish the application and get this before City Council. When I'm done with both clocs, I'll send them to you in final draft form for review/eclit/signature. 1. Address/#/tax parcel (if you have it) of new condo you're purchasing. a. Square footage 2. Itemization of$4.5M investment a. Building purchase price b. Facility improvement investment c. Equipment investment d. Additional (if any) personal property investment. 3. Annual (and projected) Sales: a. 2013: $30M? i. Annual sales outside of MA: $20M? ii. Annual sales in MA: $10M? b. 2014: c. 2015: 4. Current Full-time employees as of May 30, 2014 a. 110? b. If not 110, do you expect to be at 110 by 12/31/2014? c. if not,what number do you think you will be at on 12/31/14? d. Current Manufacturing avg. wage: $19 per hour? e. Current Warehouse avg.wage: $19 per hour? 5. Projected new full-time employees in years 2015-�019. Example: a. 2015-8 new employees(118 total) b. 2016—12 new employees(130 total) c. Etc,thru 2019 (if possible) 6. Mass Development involvement a. Size of loan b. Type of loan c. What the $ is being used for 5 d. When you expect to close on the financing I think that's all for now. Please feel free to call or e-mail with questions, Bobby Bobby Matthews 617-967-6283 (c) Principal Tax Incentives Consultants LLC http://www.taxincentivesconsultants.com Please consider the environment before printing this email This communication is meant only for the recipient(s) intended by the sender, and may contain confidential information or privileged material. Any review, re-transmission dissemination, disclosure or other use of this communication by any person or entity other than the intended recipient(s) is prohibited. If you are not the intended recipient(s), please notify the sender and destroy all copies of this communication. Thank you. 6 Andrew Shapiro From: Deb Jackson Sent: Tuesday,June 10, 2014 9:46 AM To: Andrew Shapiro Subject: RE: update... I thi nk that the tif should be at least on thec$1,042,4030mprovement...I won't raise the baseprice to reflect the purchase price because I think that they are overpaying so they don't have to move...so Year I base year 2015 Base value is what the property is assessed for in FY2015 which is presently 00 -6 4�5 ase value is reflective of '0.Oe ia, �s market and may change slightly if we see an increase in overall value of industrial- a ies, i.e. 1 or 2 %. It could go down as well although we don't expect it to. T�*— � t- -, -, 1��,-S r�k '7 2016 Year 2 base plus 20% = $208:48010 assessment would be: 12al,3 =aas long as"base" doesn't change. 2017 Year 3 base plus 40% = $416,960 $1,062,860 2018 Year 4 base plus 60% = $625,440 $1,271 340 + 2019 Year 5 base plus 80% = $833,920 $1,479�820 202OYear6 baseplusl00% = $1,042,400 +/-$1,688,300 Total value$3,000,000 below investment Base valuepan change �01� z !X-, 26 7,? We can discuss. Deb '20 x ?�P5 '2-(- 1 -7Z 7. Deborah A. Jackson Director of Assessing City of Salem 93 Washington Street Salem, MA 01970 978-619-5607 From: Andrew Shapiro Sent: Tuesday, June 10, 2014 9:01 AM To: Deb Jackson Subjecl: FW: update— Hi Deb— I don't know if you have time to work on this this morning but we finally got the information about the Jacqueline's Cookies expansion. I think they'd understand not being able to get to Council for this meeting, but I wanted to see if this is something that you could look at now. If not, hopefully we can set aside time this week to get it done for the Council's second meeting this month. Here are some of the details I pulled from the attached draft application: -Wi I I purchase and expand Unit 3 (11,130 sq/ft) at 96 Swampscott Road -Investment will total approximately $4.8M ($4,781,811 exactly) -Building Purchase: $1,220,400 -Equipment Investment: $2,519,007 -Facility Upgrades: $1,042,404 I know that we're looking to do another five year TIF at 100%, 80%, 60%, 40%, 20% and taxed at full assessment in the sixth year. Best, Andrew Andrew Shapiro Economic Development Planner City of Salem Department of Planning and Community Development 120 Washington Street I Salem, MA 01970 978-619-5685(v) 1978-740-0404 CSIle (eei W S;tIlIma _lnq�history, From: Robert Matthews [mailto:BMatthews@taxincentivesconsultants.com] Sent: Monday, June 09, 2014 9:56 PM To: Andrew Shapiro Cc: BMatthews@taxincentivesconsultants.com Subject: RE: update... Andrew—apologies for the delay. Attached is the preliminary EDIP application. Marc will sign it Vt thing tomorrow and I'll forward to you. Am almost done with the TIF but this application should have all of the formal background Mayor Driscoll needs. I understand that this is a little late and may not be able to go before council on the 12 th. That said, we'd love to push it forward ASAP. Jacqueline's is committing to 50 new jobs. I'll touch base in the am. Talk soon, Bobby Bobby Matthews 617-967-6283 (c) Principal Tax Incentives Consultants ULC http://www.taxincentivesconsultants.com Please consider the environment before printing this email From:Andrew Shapiro [mailto:AShapiro@Salem.com] Sent: Monday,June 9, 2014 1:37 PM To: Robert Matthews Subject: RE: update... Hi Bobby— Any news? I'm not certain we're leaving ourselves enough time to get something on the next Council agenda. Best, Andrew 2 Andrew Shapiro Economic Development Planner City of Salem Department of Planning and Community Development 120 Washington Street I Salem, MA 01970 978-619-5685 (y) 978-740-0404 Aw c e Oil= fnq.histdN From: Robert Matthews [mailto:BMatthews(&taxincentivesconsultants.com] Sent: Thursday, June 05, 2014 2:56 PM To: Andrew Shapiro Subject: FW: update... Andrew—See below. I've been on them for a few days. I'll turn it around ASAP when I get the info. Apologies for this and I'll be in touch tomorrow am. Thanks/sorry, Bobby Bobby Matthews 617-967-6283 (c) Principal Tax Incentives Consultants LLC http://www.taxincentivesconsultants.com Please consider the environment before printing this email From:Jack ONeil [mailto:moneil(o)iacquelinesbakery.com Sent:Thursday,June 5, 2014 2:10 PM To: Robert Matthews Subject: RE: update... Bobby, I don't think I will get to it today... I will make sure you have Friday am. Regards, Jack ONeil CFO Jacqueline's Gourmet Cookies 96 Swampscott Road, Unit I Salem, MA 01970 P (978)498-4515 C(978)604-0285 F(978)744-8622 *oneil@iacquelinesbakery.com www.iacquelinesbakery.com 3 From: Jack ONeil Sent. Tuesday, June 03, 2014 11:17 AM To: 'Robert Matthews'; Marc Hazel Subject: RE: update... Bobby, I will have to late morning tomorrow. Thank you, Jack ONeil CFO Jacqueline's Gourmet Cookies 96 Swampscott Road, Unit 1 Salem, MA 01,970 P (978)498-4515 C (978)604-0285 F(978)744-8622 ioneil@'acquelinesbakery.com www.iacquelinesbakery.com From: Robert Matthews [mailto:BMatthews(�btaxincentivesconsultants.com] Sent: Monday, June 02, 2014 11:10 AM To: Marc Hazel; Jack ONeil; BMatthews(cbtaxincentivesconsultants.com Subject: update... Marc and Jack—I hope all's well. I met with Mayor Driscoll last Thursday and am working on another Preliminary EDIP application as well as an amended TIF Agreement for Mayor Driscoll,Andrew Shapiro (Salem ED Director). Salem is very supportive and this is progressing more quickly than I'd expected, but all good news. We have a goal of the Mayor introducing the project to Salem City Council next Tuesday(June 9). Below is a list of answers I need to finish the application and get this before City Council. When I'm done with both docs, I'll send them to you in final draft form for review/edif/signature. 1. Address/#/tax parcel (if you have it)of new condo you're purchasing. a. Square footage 2. Itemization of$4.5M investment a. Building purchase price b. Facility improvement investment c. Equipment investment d. Additional (if any) personal property investment. 3. Annual (and projected)Sales: a. 2013:$30M? i. Annual sales outside of MA: $20M? ii. Annual sales in MA: $10M? b. 2014: c. 2015: 4. Current Full-time employees as of May 30, 2014 a. 110? b. If not 110, do you expect to beat 110 by 12/31/2014? 4 c. If not,what number do you think you will be at on 12/31/14? d. Current Manufacturing avg. wage:$19 per hour? e. Current Warehouse avg. wage: $19 per hour? 5. Projected new full-time employees in years 2015-2019. Example: a. 2015—8 new employees (118 total) b. 2016—12 new employees(130 total) c. Etc. thru 2019 (if possible) 6. Mass Development involvement a. Size of loan b� Typeofloan c. What the $ is being used for d. When you expect to close on the financing I think that's all for now. Please feel free to call or e-mail with questions, Bobby Bobby Matthews 617-967-6283 (c) Principal Tax Incentives Consultants LLC http://www.taxincentivesconsultants.com &A Please consider the environment before printing this email This communication is meant only for the recipient(s) intended by the sender, and may contain confidential information or privileged material. Any review, re-transmission dissemination, disclosure or other use of this communication by any person or entity other than the intended recipient(s) is prohibited. If you are not the intended recipient(s), please notify the sender and destroy all copies of this communication. Thank you. 5