Loading...
HomeMy WebLinkAboutPeconic Landing PE C ONIC LANDING August 18, 2014 Members of the Board Southold Local Development Corporation Southold Town Hall 53095 Route 25 (Main Road) PO Box 1179 Southold, New York 11971 Members of the Board: Peconic Landing's Management and Board members are pleased to submit this application for financial assistance to the Southold Local Development Corporation. Introduction Peconic Landing at Southold, Inc. is a New York not-for-profit corporation and continuing care retirement community ("CCRC") incorporated in 1997 and opened in May, 2002 (the "Corporation"). The Corporation owns an approximately 145 acre site located in the Town of Southold, Suffolk County, New York, and 26 enriched housing units, 44 skilled nursing beds (collectively, the "Health Care Center" or "The Shores at Peconic Landing") and a Community Center. The Corporation also controls and operates Peconic Landing Housing Association Cooperative, Inc. (the "Cooperative"), which owns the 250 independent living apartment units and cottages ("Residential Units"). The Corporation and the Cooperative are collectively known as Peconic Landing. The Corporation plans to expand its existing Health Care Center and the Cooperative plans to add Residential Units (the "Expansion"). The Corporation's Expansion will include 16 memory care units and 16 skilled nursing beds plus additional administrative and support spaces. The Cooperative's Expansion will include 46 new independent living apartment units and an underground garage expansion. Peconic Landing is located on the North Fork of eastern Long Island off of Route 48 in Greenport, Town of Southold, New York. The wooded and generally flat site is bounded by the 1 1500 Brecknock Road • Greenport, New York 11944 ONTlNUINC ARE Toll Free (888) 273-2664 • (631) 477-3800 • Fax (631) 477-3900 ��MM55D� Long Island Sound on the north and Sound Avenue (Route 48) on the south. The site is approximately thirty miles from the Long Island Expressway (Interstate 495). Services and amenities desired by seniors, including hospitals, physicians' offices, banks, restaurants, clubs and parks are located nearby. Peconic Landing provides 250 units for senior adults who are capable of living independently at admission and 26 enriched housing units and 44 skilled nursing care beds to serve seniors who require higher levels of care. Building designs are compatible with the architectural style common to the surrounding area. The 250 apartments and cottages are designed for senior adults age 62 and over who are capable of living without assistance. Residents of the apartments and cottages purchase a share certificate for their unit and pay an ongoing monthly fee, which is based on the apartment or cottage unit size. Peconic Landing provides a multitude of services to residents who live in the Residential Units, such as meals, weekly housekeeping, weekly laundry service for flat linens, maintenance, utilities, 24 hour per day emergency call system, local transportation and many other services. Benefits to Town of Southold and North Fork Communities Peconic Landing is a valuable member of the Southold and North Fork Community. Key contributions to the local economy include: • Peconic Landing is currently the highest taxpayer in the Town of Southold — property taxes total $1.454 million per year; • Nearly 90%of the employees of Peconic Landing reside in the Town of Southold; • Approximately 400 senior citizens reside at Peconic Landing in different levels of care; and • The Directors of Peconic Landing are required to volunteer for local not-for-profit organizations (all employees are encouraged to do so). Employment-Awards and New Jobs Peconic Landing's employee relations are a well-known success story. In 2014 Peconic Landing earned a national award conferred by Leading Age. Leading Age is the national trade association for 6,000 non-profit organizations which provide housing, health care and related services to 4 million adult seniors every day. Leading Age awarded Peconic Landing the "Excellence in the Workplace" distinction in recognition of Peconic Landing's consistently high ranking as a top company to work for in New York (an achievement measured through an independent employee engagement survey), as well as Peconic Landing's unique program which rewards employees in their quest for a healthy work and life balance. Peconic Landing 2 enjoys a very low employee turnover rate, has become an employer of choice in the Town of Southold and is one of the largest employers in the Town. Peconic Landing plans to hire 43 new full time employees to staff the Expansion project. The new employees will work primarily in the new state-of-the-art memory care unit and new skilled nursing bed neighborhood. Employment-Salaries and Benefits The table below summarizes Peconic Landing's key employment statistics: Average Salaries Per Department Department Number of Employees Average Salary Healthcare (includes homecare) 92 $47,568 Dining 64 $32,929 Environmental Services 44 $38,102 Resident Services 25 $37,126 Administration 13 $67,173 Total 238 The ratio of benefits to salaries is approximately 40%. Peconic Landing maintains a standing committee comprised of managers to assess and improve the benefit package. The 40% includes a generous 403b company match of 60% of employee contributions capped at 4% of the participant's salary. Employee benefits include fully paid disability coverage, tuition reimbursement, the work-life balance Working Wonders program, on site fitness facilities and personal training, numerous educational and promotional opportunities for both personal and career development, and an unparalleled bonus program funded through resident contributions. The teamwork committee provides numerous events throughout the year for employees and employee families. Local Contractor Participation in the Expansion Project Peconic Landing's actions to encourage local contractor participation include: • Placed ads in local newspapers inviting contractors to attend an open house at Peconic Landing. Lecesse Construction and Peconic Landing described the participation criteria to the attendees; • After conducting the open house Lecesse contacted local suppliers and requested names of local trades persons; 3 • Lecesse and Peconic Landing contacted local contractors who previously worked for Peconic Landing; and • Lecesse contacted general contractors located in Eastern Long Island; and • More than 16 local contractors have expressed interest in participating in the project as subcontractors. The table below summarizes the number of projected construction jobs created by the Expansion project: Month Projected Manpower October '14 20 November'14 25 December '14 45 January '15 55 February '15 80 March '15 80 April '15 120 May '15 130 June '15 80 July '15 80 August '15 80 September '15 40 7�j October '15 20 Brecknock Hall—A Community Asset Brecknock Hall is a restored mansion built in the 1850s by David Gelston Floyd, the grandson of William Floyd, signer of the Declaration of Independence. This 8,000 square foot residence is now, after more than 20,000 volunteer hours, fully restored to its original grandeur. It is a historic landmark and hosts a variety of programs and events that benefit the local community. The landmark is used by local organizations including The East End Seaport Museum, historical societies, and other not-for-profit organizations. Notable events include the annual fireworks and symphony performance (no charge to the public) and the Veterans Day wedding that is donated by Brecknock Hall and more than 20 local businesses. The recipients of the donated wedding are local residents who are or were in the military and their application is reviewed and accepted by a committee. 4 Summary In summary, Peconic landing considers the expansion to be a great milestone for the corporation and an opportunity to continue our vision of providing exceptional services to our members and the Town of Southold. The Expansion Project will also provide additional opportunities to enhance the lives of our valued employees and continue our good neighbor policy which is part of our overall strategic plan. Thank you for your consideration, Respectfully, Robert J. Syro President/CEO RJS:pq 5 SOUTHOLD LOCAL DEVELOPMENT CORPORATION Application for Financial Assistance Applications may be submitted as follows: Southold LDC Southold Town Hall 53095 Route 25 (Main Road) PO Box 1179 Southold, New York 11971 e-mail: bruce@fergusondev.com 2357062.3 038145 FRMS SOUTHOLD LOCAL DEVELOPMENT CORPORATION APPLICATION FOR FINANCIAL ASSISTANCE (To be filled out by all Applicants) A. APPLICANT INFORMATION Note:Eligible Applicants must be established not-for-profit organizations. Officer of Applicant completing this application (contact person): Name: Robert J. Syron Title: President and CEO Phone: 631 477-3800 Extension 230 Fax: 631 477-3900 E-mail: RSyron@PeconicLanding.com Company website: www.PeconicLanding.org Brief description of organization: Peconic Landing at Southold, Inc. (the"Corporation") is a New York not-for-profit corporation and continuing care retirement community("CCRC")incorporated in 1997 and opened in May, 2002 ("Peconic Landing"or the"Community"). The Corporation owns an approximately 145 acre site located in the Town of Southold, Suffolk County, New York, and 26 enriched housing units and 44 skilled nursing beds(collectively, the"Health Care Center"or"The Shores at Peconic Landing"). The Corporation also controls and operates Peconic Landing Housing Association Cooperative, Inc. (the"Co-Op"), which owns the 250 independent living units and cottages(the"Residential Units"). Brief description of the not-for-profit purpose of the organization: See Addendum To describe what kind of entity Applicant is, please check one of the following: X 501(c)(3) ❑ Other(specify) Applicant's State of Incorporation or Registration and applicable statutory provision under which applicant is organized: New York State—Section 501 c(3)of the Internal Revenue Code 1-1 Date Received 2357062.3 038145 FRMS State(s) in which Applicant is qualified to operate: New York Applicant's Attorney—Name: James Normile (General Counsel is Charles Cuddy 631 369 8200, Riverhead) Phone: (212)294-2647 Fax: Name of Firm and Address: Winston&Strawn LLP, 200 Park Avenue New York, NY 10166-4193 Applicant's Accountant—Name: Dorothea Russo CPA Partner Phone: 914 341 7087 Fax: 914 381 8910 PROJECTB. INFORMATION 1. Please briefly describe the proposed project: The proposed project is an expansion of Peconic Landing's existing Health Care Center,which will include 16 new memory care units and 16 skilled nursing beds plus additional commons administrative and support spaces 2. Address of proposed project: Peconic Landing 1500 Brecknock Road Greenport, NY 11944 3. Please briefly describe the not-for-profit purpose of the proposed project: The proposed project will help fill the need for expanded health services. As nursing beds are generally filled to capacity, residents are increasingly being transferred to nursing homes outside of Peconic Landing,which is not consistent with the expectations of residents or with the objectives of Peconic Landing. In addition, a specialized memory care facility is a needed level of care on campus but is not currently offered. The lack of specialized memory care is a quality of life issue since several existing Peconic Landing enriched living and skilled nursing residents are better suited for this level of care. 4. Please give best estimates for all anticipated costs and proposed sources of financing involved in the project: Uses of Funds($1,000s) Sources of Funds ($1,000s) Land & building (acquisition) $0 Southold LDC Bonds (Loan) $21,000 New construction $13,880 Bank Loans (Please identify sources) $0 Renovations/Building improvements $880 Organization funds $3,000 Machinery/Equipment $1.140 Pledges $0 Fees/Other Soft Costs $3.900 Other sources (Please identify) $0 Other(explain) $4,200 Total Project Costs $24,000 Total Project Sources $24,000 NOTE: Please explain costs, loans and other sources of funding on a separate sheet. (See Addendum) 1-2 Date Received 2357062.3 038145 FRMS 5. Is there a relationship, by virtue of common control or through related persons, directly or indirectly, between the Applicant and the present owner of the project site? X Yes ❑ No Peconic Landing at Southold, Inc. is the current owner and the applicant and will remain the owner after construction. 6. Has the borrower entered into any agreements with management companies which provide for such companies to operate any part of the borrower facilities? ❑ Yes X No If Yes, please submit copies of such agreements. 7. Does the borrower use, or anticipate using, any of the project facilities in any"unrelated trade or business"activity, i.e., activities that are not substantially related to the exercise or performance of the charitable purpose for which the borrower was granted its tax-exempt status? X Yes ❑ No If Yes, please explain: The project does not include any"unrelated trade or business"activity; however,the borrower currently leases square feet for the purposes of a hair salon for resident use 8. Does the borrower lease, or propose to lease, any portion of the proposed facility to another entity? ❑ Yes X No If Yes, please explain: C. EMPLOYMENT INFORMATION Complete the following information for the project location only. Do not include any subcontractors or sub-consultants; include only employees and owners/principals on your payroll and on the payroll of your tenants at the project location. (Note: If the project is to be leased, provide responses to the following questions for the tenant on a separate attachment.) 1. Number of permanent jobs to be created by the Applicant: 43 Full Time Equivalents 2. How many employees does Applicant employ in the Town of Southold as of the date of this Application? Full Time 121 Part Time Including per diem 92 3. Does Applicant intend to employ new employees at the proposed site, and/or will Applicant transfer current employees from premises presently being used? Please provide details New employees at the proposed site 4. Number of construction and engineering jobs (may include contractors and subcontractors)on a projected monthly basis during the project construction period. Projected Month Manpower October'14 20 November'14 25 December'14 45 Janua '15 55 Februa '15 80 1-3 Date Received 2357062.3 038145 FRMS March '15 80 A ril '15 120 Ma '15 130 June'15 80 Jul '15 80 Au ust'15 80 September'15 40 October'15 20 5. The Southold LDC strongly encourages project applicants to support the local economy by,to the greatest extent possible, procuring goods and services from providers, businesses and vendors that are located within the Towns of Southold and Riverhead, and to the extent possible offering employment opportunities to residents of the Towns of Southold and Riverhead first. Identify key contractors and major subcontractors that will be doing construction management or construction work on the project, if known. See Addendum Identify any plans to create opportunities for and use contractors,workers and suppliers located within the Towns of Southold and Riverhead on project construction. See Addendum D. FINANCIAL ASSISTANCE REQUESTED Amount Requested X Tax-exempt bond financing $21,000,000 Taxable Bond financing $ Mortgage recording tax exemption $ E. DUE DILIGENCE 1. Identify entities related to or under common control with the Applicant. Entity Name Address Phone/Fax Number Percent Interest Peconic Landing Housing 1500 Brecknock Road, Greenport, NY 631 477-3800 100% Association Cooperative, Inc 11944 Peconic Landing Home Health 1500 Brecknock Road, Greenport, NY 631 477-3800 Ext 100% Services, Inc 11944 257 Brecknock Hall Foundation, Inc. 1500 Brecknock Road, Greenport, NY 631 593-8200 100% 11944 2. Has Applicant, or any officer or director of Applicant, or any entity with which any of the foregoing have been associated, ever been adjudicated bankrupt or placed in receivership, or otherwise been the subject of a bankruptcy or similar proceedings(prior or current)? ❑Yes X No If Yes, please provide all details on attached sheet. 3. Have any of the Applicant's officers or directors ever been convicted of any criminal proceedings? ❑Yes X No If Yes, please provide all details on attached sheet. 1-4 Date Received 2357062.3 038145 FRMS 4. Is Applicant, or any officer or director of Applicant, a plaintiff or defendant in any civil or criminal proceedings? ❑Yes X No If Yes, please provide all details on attached sheet. 5. If you responded Yes to either of the previous two questions, in what litigation is Applicant, or any of the individuals and entities currently involved, either as plaintiffs or as named defendants? Provide all details on an attached sheet. 6. Does Applicant have any material contingent liabilities? (e.g., pending claims;federal, state or local tax liens and liability.) X Yes ❑ No See Addendum 7. Is the Applicant currently a qualified 501(c)(3) organization? X Yes ❑ No 8. Are there any investigations or audits that have not been closed questioning the continuing eligibility of the Applicant for 501(c)(3) status? ❑Yes X No If Yes, please provide all details on attached sheet. 1-5 Date Received 2357062.3 038145 FRMS Please provide the following information: 9. Applicant Board Members Name Title Profession John M. May Chairman Trustee, Eastern Long Island Hospital Peconic Health Cor Paul J. Connor, III Vice Chairman President and CEO at Eastern Long Island Hospital Thomas Doolan Secretary Pres. Of TBD Associates Owns Doolan Records Pres./CEO Southampton Hospital Gregory Ferraris Treasurer CPA, Partner with Banducci, Katz, & Ferraris, CPA's Luke Babcock Member Analyst and Manager at Saybrook Capital Robert Goldman Member Retired CEO, Capital Cities/ABC, Inc. Eastern Long Island Hospital Board Member Thomas McCarthyMember Real Estate Owner Edward Webb Member Retired Executive Reverend Peter Larsen Member Rector, Saint John's Episcopal Church Board Chair, Southampton Hospital Sandra Novick Member American Bankers Association ABA Marketing Network Trustee, East End Arts Council Rosamond Baiz Member Owner/Winemaker/Vineyard at The Old Field Vineyards, Southold, NY, attended Mount Vernon School of Nursing, Mount Vernon, New York Patricia Stewart Member Retired CEO of NYC Advertising Firm 10. Bankinq Relationships WCount *BankKiim ontact Person Phone/Fax Type of Account nda Carlson 631 7651500 Operating/MM/Landlord/Ten—ant nianne Violi 914 771 9058 Mone Market l Sweeney 631 7345050 Checking/MM 1. Please include as an attachment to the Application: a. Financial statements for the last three (3)years. b. Certificate of Incorporation. Please provide a copy of the Applicant's Certificate of Incorporation. C. IRS 601(c)(3) Letter. Please provide a copy of the Applicant's most recent 501(c)(3) Letter. d. If the Applicant's 501(c)(3) status has been the subject of an IRS inquiry within the past five (5) years, please provide a copy of any applicable closing letter issued by the IRS NOT APPLICABLE. e. Please provide a job description of key management personnel. SEE ADDENDUM 2. Application Fee: $7,500.00 (non-refundable), payable to Southold Local Development Corporation. The Application Fee will be credited towards the Agency transaction fee payable by the Applicant at financial closing. 1-6 Date Received 2357062.3 038145 FRMS 3. Applicant certification, 1-6 4. APPENDIX A: SHORT ENVIRONMENTAL ASSESSMENT FORM 5. Status of/Evidence of SEQRA Compliance. (In-process, approval pending) 6. Please provide one (1) original and eight (8) hard copies of the completed Application and its additional documentation to the address set forth on the cover of this application. Please submit a separate electronic copy of the application to the e-mail address set forth on the cover of this Application. 1-7 Date Received 2357062.3 038145 FRMS ADDENDUM SOUTHOLD LOCAL DEVELOPMENT CORPORATION -Application for Financial Assistance Peconic Landing at Southold, Inc. Brief description of the not-for-profit purpose of the organization (Section A, Page 1): Peconic Landing at Southold, Inc. (referred to as the"CCRC")was organized, under Article 46 of the New York State Public Health Law,for the purpose of developing, owning, and operating a continuing care retirement community. Peconic Landing at Southold, Inc. is a not-for-profit, New York Corporation organized and incorporated in 1994. The CCRC provides housing, food, healthcare, and other services to the elderly residents. The CCRC was formed to provide an integrated system of housing and health care for its members. The CCRC owns the land and operates the community and health centers. Please give best estimates for all anticipated costs and proposed sources of financing involved in the project: (Section B-4, Page 2): NOTE: Below is the explanation of costs, loans and other sources of funding for the proposed project. Uses of Funds Land&building (acquisition): Not applicable for the proposed project New construction: Includes the Guaranteed Maximum Price provided by general contractor for direct construction and owner controlled direct construction Renovations/Building improvements: Includes boiler plate upgrades and utility relocation work Machinery/Equipment: Includes furniture,fixtures and equipment Fees/ Other Soft Costs: Includes permits, legal, design, engineering, development, marketing, regulatory, issuance and contingency costs Other (explain): Includes funded interest net of interest earnings and debt service reserve funds related to the financing Sources of Funds Southold LDC Bonds(Loan):Amount of debt issued by the LDC for the proposed project Bank Loans(Please identify sources): Not applicable for the proposed project Organization funds: Equity commitment from borrower to fund the proposed project Pledges: Not applicable for the proposed project Other sources(Please identify): Not applicable for the proposed project Section C Question 5: 1 Peconic Landing Riverhead,Southold&Greenport Sub Participation Marjam- Mattituck Greenport NY Riverhead Building Supply-Greenport Greenport NY Ratsey Construction Greenport NY Skrezec Contracting Greenport NY S.C. Dirtworks Greenport NY Cameron Christensen Greenport NY Flanders Heat&AC Riverhead NY Terry Contracting Riverhead NY Zenith Group Riverhead NY Terry Contracting Riverhead NY East End World Tile And Carpet Riverhead NY Terry Contracting Riverhead NY East Island Riverhead NY Custom Drywall Co. Southold NY Cattleya Home Accents Southold NY Seacoast Tile ISouthold NY Steps taken to encourage local participation: 1. A local ad had been opened in the paper that invited contractors to attend an Open House at the facility in which LECESSE and Peconic spoke to the attendees about the project to encourage local participation 2. LECESSE worked with local suppliers to get names of key trades in the area that could perform this type of construction 3. LECESSE worked with the owner to involve local contractors already working with the facility performing service work 4. LECESSE contacted local GC in Riverhead to further investigate options for more local contractors Section E Page 5 Question 6: Does Applicant have any material contingent liabilities?(e.g.,pending claims;federal, state or local tax liens and liability.) Peconic Landing enters into an agreement with each individual member called a lifecare contract. The contract states that the purchase prices for share certificates representing ownership of each residence is refundable by the applicant to the member. Article 46 of the New York State public health law requires that all CCRC's refund the purchase price by the end of one year of the residence becoming permanently vacant. Generally Accepted Accounting Principles require that Peconic Landing, even though it is very unlikely, record the refund of all purchase prices for all units as a contingent liability on the balance sheet. The amount of contingent liability reported as of the audited financial statements dated December 31, 2013 was$107,989,126. 2 Section F Additional Documentation Job description of key management personnel: Robert J. Syron, President and CEO Plans, develops, organizes, implements, evaluates and directs all functions of Peconic Landing. Ensures that all policies, procedures and documentation comply with regulations and professional standards. Monitors internal controls to ensure compliance with established procedures. Steven G. Carroll, Chief Financial Officer Plans, develops, organizes, implements, evaluates and directs all accounting functions of Peconic Landing. Ensures that all accounting procedures and documentation comply with regulations and professional standards. Monitor internal controls to ensure compliance with established procedures. Gregory Garrett, Executive Vice President Health Services Coordinates all services for Health Center residents encompassing the skilled nursing facility and the enriched housing units. Ensures that the highest degree of quality care is provided to residents at all times. Directs the day-to-day functions of the health care center in accordance with federal, state, and local regulations. Patricia Lutzky,Vice President Resident Services Ensures that the highest degree of quality service is maintained at all times at Peconic Landing. Assists the President/CEO in directing the day-to-day functions of the community in accordance with federal, state and local standards, guidelines, and regulations. Appendix A Short Environmental Assessment Form Part I Project Information 10. Does action involve a permit approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local) X Yes Agency Type of Agreement/Approval Village of Greenport Sewer Agreement Suffolk County Department of Health Services Water, Sewer Town of Southold Planning Board, Zoning Board, Variance and Siteplan New York State Department of Health Certificate of Need New York State Department of health Assisted Living Residence license New York State Department of Financial Svcs Certificate of Authority 11. Does any aspect of the action have a currently valid permit or approval? 3 X Yes Agency Type of Agreement/Approval Town of Southold Variance for 3 story building New York State Department of Health Certificate of Need (provisional) New York State Department Assisted Living Residence license New York State Department of Financial Svcs Certificate of Authority(provisional) Note: All other approvals are in process LI Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Consolidated Financial Statements December 31, 2013 and 2012 OZON NOR PKF DAVIES Independent Auditors' Report To the Board of Trustees Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. We have audited the accompanying consolidated financial statements of Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. which comprise the consolidated statements of financial position as of December 31, 2013 and 2012 and the related consolidated statements of operations and changes in net deficit and cash flows for the year then ended, and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these consolidated financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors'Responsibility Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. O'CONNOR DAVIES,LLP 500 Mamaroneck Avenue,Suite 301,Harrison,NY 10528 1 Tel:914.381.8900 1 Fax:914.381.8910 1 www.odpkf.com O'Connor Davies,LLP is a member firm of the PKF International Limited network of legally independent firms and does not accept any responsibility or liability for the actions or inactions on the part of any other individual member firm or firms. To the Board of Trustees Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Page 2 Opinion In our opinion, the consolidated financial statements referred to above present fairly, in all material respects, the financial position of Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. as of December 31, 2013 and 2012, and the changes in their net deficits and their cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America. Report on Supplementary Information Our 2013 audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The Supplementary Information on pages 23-24 is presented for purposes of additional analysis and is not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated in all material respects in relation to the financial statements as a whole. Emphasis of Matter As discussed in note 17 to the financial statements, management has omitted information about the estimates of future costs of major repairs and replacements that accounting principles generally accepted in the United States of America require to be presented to supplement the financial statements. Such information, although not a part of the basic financial statements is required by the Financial Accounting Standards Board, who considers it be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the financial statements is not modified with respect to the missing information. � fem &V,�6�, zzl'o Harrison New York April 29, 2014 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Consolidated Statements of Financial Position December 31, 2013 2012 ASSETS Current Assets Cash and cash equivalents $ 3,014,251 $ 1,159,355 Investments 6,140,655 7,995,483 Accounts receivable, net of allowance for doubtful accounts of$50,000 in 2013 and 2012 1,432,637 1,338,510 Assets limited as to use,current portion 971,735 162,502 Inventory 44,247 44,837 Prepaid expenses and other current assets 1,582,394 1,462,633 Total Current Assets 13,185,919 12,163,320 Assets limited as to use,net of current portion Indenture and trust agreements 2,261,888 2,257,757 Board designated accounts 1,253,775 1,266,981 Donor-restricted 1,065,434 704,732 NYS Article 46 requirement 6,306,931 6,461,516 Total 10,888,028 10,690,986 Less amounts required for current liabilities 971,735 162,502 Total Assets Limited as to Use, net of current portion 9,916,293 10,528,484 Property and equipment, net 69,709,935 72,266,435 Resident deposits and escrows 10,286,265 9,310,330 Deferred financing costs,net 812,117 869,170 Deferred marketing costs,net 703,198 1,001,146 $ 104,613,727 $ 106,138,885 LIABILITIES AND NET DEFICIT Current Liabilities Current portion of long term debt $ 450,000 $ 430,000 Accounts payable and accrued expenses 2,424,911 2,507,598 Accrued interest payable 138,717 138,717 Total Current Liabilities 3,013,628 3,076,315 Residents'deposits and escrow payable 10,173,800 9,245,378 Refundable deposits 107,989,126 106,708,155 Deferred revenue from health care reserve fees 3,853,348 4,140,847 Options and upgrade liability 1,222,736 1,250,026 Long term debt, less current portion 27,569,846 27,996,652 Total Liabilities 153,822,484 152,417,373 Net Deficit Unrestricted (50,201,284) (46,942,218) Temporarily restricted 992,527 663,730 Total Net Deficit (49,208,757) (46,278,488) $ 104,613,727 $ 106,138,885 See notes to consolidated financial statements 3 Peconic Landing at Southold, Inc.and Peconic Landing Housing Association Cooperative, Inc. Consolidated Statements of Operations and Changes in Net Deficit Year Ended December 31, 2013 2012 UNRESTRICTED NET DEFICIT Operating Revenue Revenue, Gains and Other Support Resident services $ 16,105,605 $ 15,787,482 Health care services 4,319,439 3,985,686 Remarketing fee revenue 451,834 496,060 Total Revenue, Gains and Other Support 20,876,878 20,269,228 Interest and dividends 694,072 749,250 Realized gains/losses 676,154 202,119 Previously recognized unrealized(gains)/losses (601,503) (70,168) Other revenue 635,588 654,210 Contributions 57,860 2,625 Net assets released from restrictions 483,839 500,551 Total Operating Revenue 22,822,888 22,307,815 Operating Expenses Health care 5,147,617 4,797,649 Dietary 3,398,971 3,242,160 Administration and general 6,164,475 5,974,705 Maintenance and security 3,095,231 2,754,367 Housekeeping and laundry 901,138 860,114 Depreciation and amortization 5,044,010 5,168,761 Interest 1,664,605 1,681,517 Interest on resale of units 491,834 859,817 Total Operating Expenses 25,907,881 25,339,090 Excess of Operating Expenses Over Operating Revenue (3,084,993) (3,031,275) Non-operating Revenue Unrealized(loss)gain on investments (174,073) 367,634 Total Non-operating Revenue (174,073) 367,634 Change in Unrestricted Net Asset(Deficit) (3,259,066) (2,663,641) Unrestricted net deficit, beginning of year (46,942,218) (44,278,577) Unrestricted net deficit,end of year (50,201,284) (46,942,218) TEMPORARILY RESTRICTED NET ASSETS Contributions 812,636 732,645 Net assets released from restrictions (483,839) (500,551) Change in Temporarily Restricted Net Assets 328,797 232,094 Temporarily restricted net assets, beginning of year 663,730 431,636 Temporarily restricted net assets,end of year 992,527 663,730 Change in Net Deficit (2,930,269) (2,431,547) NET DEFICIT Beginning of year (46,278,488) (43,846,941) End of year $ (49,208,757) $ (46,278,488) See notes to consolidated financial statements 4 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Consolidated Statements of Cash Flows Year Ended December 31, 2013 2012 CASH FLOWS FROM OPERATING ACTIVITIES Change in Net Deficit $ (2,930,269) $ (2,431,547) Adjustments to reconcile change in net deficit to net cash from operating activities Depreciation 4,665,814 4,790,566 Amortization of deferred marketing,finance fees, and bond discount 378,196 378,195 Amortization of health care reserve fees (1,047,499) (1,073,957) Interest on resale of units 491,834 859,817 Provision for bad debts 47,268 14,840 Unrealized loss(gain)on investments 775,576 (297,466) Change in operating assets and liabilities Accounts receivable (141,395) (361,534) Inventory 590 (3,465) Prepaid expenses (119,761) 31,541 Resident deposits and escrows Accounts payable and accrued expenses (82,687) 182,451 Accrued interest payable - (1,538) Resident deposits and escrow payable 928,422 (1,032,058) Deferred revenue and health care reserve fees 760,000 800,000 Option and upgrade liability (27,290) (148,929) Net Cash from Operating Activities 3,698,799 1,706,916 CASH FLOWS FROM INVESTING ACTIVITIES Purchases of property, plant and equipment (2,109,314) (1,935,485) Funding of assets limited as to use Proceeds from sale of investments 16,038,552 17,309,343 Purchases of investments (16,132,278) (18,979,660) Net Cash from Investing Activities (2,203,040) (3,605,802) CASH FLOWS FROM FINANCING ACTIVITIES Principal payments on long term debt (430,000) (410,000) Proceeds from refundable deposits 789,137 1,757,147 Net Cash from Financing Activities 359,137 1,347,147 Net Change in Cash and Cash Equivalents 1,854,896 (551,739) CASH AND CASH EQUIVALENTS Beginning of year 1,159,355 1,711,094 End of year $ 3,014,251 $ 1,159,355 SUPPLEMENTARY CASH FLOW INFORMATION Cash paid for interest $ 1,664,605 $ 1,683,055 Cash paid for income taxes 16,334 13,792 See notes to consolidated financial statements 5 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Notes to Consolidated Financial Statements December 31, 2013 and 2012 1. Organization The consolidated financial statements consist of the accounts of Peconic Landing at Southold, Inc. (the "Company"), Peconic Landing Housing Association Cooperative, Inc. (the "Cooperative"), and Brecknock Hall Foundation, Inc. (the "Foundation"), (Collectively referred to as the "Corporation"). All significant inter-company transactions and balances have been eliminated in consolidation. Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. (collectively referred to as the "CCRC") were organized, under Article 46 of the New York State Public Health Law, for the purpose of developing, owning, and operating a continuing care retirement community. Peconic Landing at Southold, Inc. is a not-for-profit, New York Corporation organized and incorporated in 1994. Peconic Landing Housing Association Cooperative, Inc. is a for-profit organization incorporated in 1998. The CCRC provides housing, food, healthcare, and other services to the elderly residents. The CCRC was formed to provide an integrated system of housing and health care for its members. The Company owns the land and operates the community and health centers. The Cooperative owns the independent living units. Prospective residents become members of the Cooperative by purchasing shares in the cooperative and executing a proprietary lease and subscription agreement with the Cooperative that allows them the right to occupy one of the apartments or cottages in the Cooperative. All members of the Cooperative must also execute a care agreement with the Company. Residents pay an entrance fee and ongoing monthly service fees to the CCRC. The primary source of revenue is revenue from resident services. The Corporation is located in Greenport, New York, on approximately 145 acres of land, with approximately 2,700 feet of beach frontage on Long Island Sound within the town of Southold, Suffolk County, New York. The CCRC consists of 250 independent living units, 26 enriched housing beds, 44 skilled nursing beds (the health center), several dining rooms, common areas, and a kitchen area that supports the operation of the dining services. Admissions to the independent living units began in May 2002. As of December 31, 2013 and 2012, the number of independent living units occupied was 240 and 239. Of the 10 remaining independent living units, at December 31, 2013, 6 units are reserved for marketing and for use by resident's family. The remaining 4 independent living units were unsold at December 31, 2013. The construction of the health center was substantially completed in December 2002 and occupancy of the health center began in February 2003. As of December 31, 2013 and 2012, the number of health center beds occupied were 40 and 42 and in enriched living, 25 and 21. Brecknock Hall Foundation, Inc. is a not-for-profit, New York Corporation organized and incorporated in 2003. The Foundation was formed for the purpose of collecting and distributing funds for the renovation, operation and maintenance of Brecknock Hall, as well as to establish and maintain educational and social programs at Brecknock Hall to benefit the surrounding communities. 6 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Notes to Consolidated Financial Statements December 31, 2013 and 2012 1. Organization (continued) On February 8, 2012 Peconic Landing Home Health Services, Inc. was incorporated for the purpose of providing nursing services, home health aide services and related services. The entity's tax exempt status is pending. On December 5, 2011 The Shores at Peconic Landing Assisted Living Residence, Inc. was incorporated for the purpose of studying and researching the feasibility of establishing an Assisted Living Residence and to lease, acquire, own and maintain land and facilities for the establishment of an Assisted Living Residence. The entity's tax exempt status is pending. There was no activity to report during 2013. 2. Summary of Significant Accounting Policies Use of Estimates The consolidated financial statements have been prepared in conformity with accounting principles generally accepted in the United States of America ("U.S. GAAP") which, requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the consolidated financial statements. Estimates also affect the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Financial Statement Presentation The Corporation reports information regarding its financial position and activities according to three classes of net assets: unrestricted, temporarily restricted (subject to donor or time restrictions), and permanently restricted (principal unavailable for any use): Unrestricted net assets are not restricted as to use or purpose by a donor. The unrestricted net assets of Peconic Landing at Southold, inc. include certain board- designated funds whose use has been limited by the Board of Trustees for a specific time or purpose. Temporarily restricted net assets are those whose use by the Corporation has been limited by donors to a specific time period or purpose. Permanently restricted net assets have been restricted by donors to be maintained by the Corporation in perpetuity. The Corporation does not currently have any permanently restricted net assets. 7 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Notes to Consolidated Financial Statements December 31, 2013 and 2012 2. Summary of Significant Accounting Policies (continued) Fair Value of Financial Instruments The Corporation follows U.S. GAAP guidance on Fair Value Measurements which defines fair value and establishes a fair value hierarchy organized into three levels based upon the input assumptions used in pricing assets. Level 1 inputs have the highest reliability and are related to assets with quoted prices in active markets. Level 2 inputs relate to assets with other than quoted prices in active markets which may include quoted prices for similar assets and liabilities or other inputs which can be corroborated by observable market data. Level 3 inputs are unobservable inputs and are used to the extent that observable inputs do not exist. Cash and Cash Equivalents The Corporation considers all highly liquid investments with maturities of three months or less at the date of purchase to be cash equivalents. Investments Investments in debt and equity securities are carried at fair value. Investment income or loss (including realized gains and losses on investments, interest and dividends) is included in the operating income/(loss) unless the income or loss is restricted by donor or law. Unrealized gains and losses on investments are excluded from the operating income/(loss). Inventories Inventories of supplies are carried at cost, which approximates market value determined using the first-in, first-out basis. Accounts Receivable and Allowance for Doubtful Accounts The Corporation provides an allowance for uncollectible accounts based on the allowance method using management's estimate about the collectability of past due accounts. Residents are not required to provide collateral for services rendered, except for a one month advance deposit for individuals admitted to the health care facility without a life contract. Payment for services is required upon receipt of invoice. Furthermore, the subscription agreement entitles the Corporation to collect any outstanding accounts receivable upon sale of a resident's apartment or cottage. Accounts are continually analyzed for collectability and management determines when accounts are written off based upon historical losses and existing economic conditions. 8 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Notes to Consolidated Financial Statements December 31, 2013 and 2012 2. Summary of Significant Accounting Policies (continued) Assets Limited as to Use Assets limited as to use include (1) assets held by trustees under indenture agreements for debt service, (2) assets restricted by the board, over which the board retains control and may, at its discretion, use for other purposes, (3) assets restricted by donors for specific purposes and (4) assets required to be maintained, under Article 46 of NYS Public Health Law, which must total 35% of budgeted operating expenses net of depreciation, amortization and interest expense. Amounts required to meet current liabilities have been classified as current assets in the consolidated financial statements. Assets limited as to use are carried at fair value. Resident Deposits and Escrows The Resident escrow accounts represent proceeds of the sale of a resident's cooperative unit. There is a-related liability that represents the-escrow to be used to purchase another Cooperative Unit if the resident can live independently again or be paid upon a resident's death to the resident's estate, as directed by the resident's will. The escrowed funds are invested in highly rated municipal and corporate bonds as well as money market funds. The interest income on escrowed funds is retained by the Company. The Corporation has included assets of $259,548 and $165,584 and liabilities of $101,449 and $64,782 in Resident Deposits and Escrows at December 31, 2013 and 2012, related to a gift annuity program whereby donors may contribute assets to the Corporation in exchange for the right to receive a fixed-dollar annual return during their lifetime. A portion of the transfer is considered to be a charitable contribution for income tax purposes. The difference between the amount provided for the gift annuity and the present value of the liability for future payments, determined on an actuarial basis, is recognized as an unrestricted contribution at the date of the gift. Property and Equipment The Corporation capitalizes all expenditures for property and equipment that have a cost over$1,000 and useful lives in excess of one year. Depreciation is provided using the straight-line method over the estimated useful lives of the assets. The cost of maintenance and repairs is charged against operations as incurred, whereas significant renewals and betterments are capitalized. The general range of estimated lives is 3 to 15 years for equipment and furnishings and 20 to 30 years for buildings, building improvements, and land improvements. Deferred Financing Costs Financing costs incurred in connection with the issuance of long-term debt are deferred and amortized using the straight-line method, which approximates the effective interest method, over the term of the related indebtedness. Accumulated amortization of these costs as of December 31, 2013 and 2012 was $175,912 and $118,859. 9 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Notes to Consolidated Financial Statements December 31, 2013 and 2012 2. Summary of Significant Accounting Policies (continued) Deferred Marketing Costs Direct marketing expenses associated with acquiring initial residential contracts and subscription agreements are deferred and amortized using the straight line method over the estimated life expectancy of the residents of the Corporation. The average life expectancy of the initial residents of the Corporation is 13.7 years. Accumulated amortization of these costs as of December 31, 2013 and 2012 was $3,378,604 and $3,080,656. Deferred Revenue From Health Care Reserve Fees Upon execution of the Care Agreement, residents are required to pay a health care reserve fee which entitles them to receive the continuing care services provided by the Company. If the care and subscription agreement are terminated within the first 90 days of occupancy, the health care reserve fee is fully refundable. Subsequent to 90 days, the amount of the health care reserve fee to be refunded will be reduced by a four percent processing fee, and an additional two percent per month of occupancy. After 48 months, no amount will be refundable. These fees, net of the amount to be refunded, are recorded as "deferred revenue from health care reserve fees" and are amortized to income using the straight-line method over the estimated remaining life expectancy of the resident, or couple, adjusted annually. Deferred revenue from health care reserve fees for the next period cannot be reasonably estimated, as such, the entire amount is classified as long-term. Obligation to Provide Future Services The Corporation annually calculates the present value of the net cost of future services and the use of facilities to be provided to current residents and compares that amount with the balance of deferred revenue. If the present value of the net cost of future services and the uses of the facilities exceeds the deferred revenue from entrance fees, a liability is recorded (obligation to provide future services and use of the facilities) with a corresponding charge to income. The discount rate used to calculate the present value of the net cost of future services was 5.5 percent for the years ended December 31, 2013 and 2012. The present value of the net cost of future services did not exceed deferred revenue. Accordingly, no obligation was recorded at December 31, 2013 and 2012. 10 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Notes to Consolidated Financial Statements December 31, 2013 and 2012 2. Summary of Significant Accounting Policies (continued) Resident Service Revenue Resident service revenue consists primarily of amounts earned under the care agreement. Monthly service fees are billed in advance and are recognized as revenues in the month they are earned. In addition, the Corporation has agreements with third- party payors that provide for payments to the health center at amounts different from its established rates. Net patient and resident service revenue is reported at the estimated net realizable amounts from residents, third-party payors and others for services rendered, including estimated retroactive adjustments under reimbursement agreements with third-party payors. Retroactive adjustments are accrued on an estimated basis in the period the related services are rendered and adjusted in future periods as final settlements are determined. Advertising Costs The Company uses advertising to promote its programs among the community it serves. Advertising costs are expensed as incurred. Advertising expense for the years ended December 31, 2013 and 2012 was $74,087 and $95,741. Operating Indicator The statements of operations and changes in net deficit include the operating loss. Changes in unrestricted net assets that are included in the operating loss are transactions that are deemed by management to be ongoing, major, or central to the provision of services. Transactions excluded from the operating loss, consistent with industry practice, include unrealized gains and losses on investments other than trading securities, permanent transfers of assets to and from affiliates for other than goods and services, and contributions of long-lived assets, including assets acquired using contributions that by donor restriction were to be used for purposes of acquiring such assets. Donor Restricted Gifts Contributions received are recorded as increases in unrestricted, temporarily restricted, or permanently restricted net assets, depending on the existence and/or nature of any donor restrictions. The Corporation reports gifts of cash and other assets as restricted support if they are received with donor stipulations that limit the use of donated assets. When a donor restriction expires, that is, when a stipulated time restriction ends or purpose restriction is accomplished, temporarily restricted net assets are reclassified as unrestricted net assets and reported in the statement of operations as net assets released from restrictions. Donor restricted contributions whose restrictions are met within the same year as received are reported as unrestricted contributions in the accompanying consolidated financial statements. 11 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Notes to Consolidated Financial Statements December 31, 2013 and 2012 2. Summary of Significant Accounting Policies (continued) Income Taxes The Company and the Foundation are exempt organizations as defined in Section 501(c) (3) of the Internal Revenue Code (the "Code") and are exempt from federal income tax pursuant to section 501 (a) of the Code. The Cooperative is a for-profit organization and files a federal Form 1120C. At December 31, 2013 and 2012 the Corporation has available operating loss carryforwards of approximately $25,396,000 and $23,258,000 for Federal income tax purposes which expire during various years through 2033. Because the future utilization of these tax carryforward losses is uncertain, no related deferred tax asset account has been reflected in the accompanying financial statements. The U.S. Tax Court has ruled that housing cooperatives are subject to Subchapter T of the Internal Revenue Code. Subchapter T limits the use of patronage losses as deductions to the extent of patronage income. Income is patronage sourced if it is derived from an activity that is so closely intertwined with the main cooperative effort that it may be characterized as directly related to, and inseparable from, the cooperative's principal business activity, and thus facilitates the accomplishment of the cooperative's business purpose. However, if the transaction or activity which produces the income merely enhances the overall profitability of the cooperative, then the income is from nonpatronage sources. The Cooperative believes that all of its income is effectively patronage sourced. Accordingly, no provision for taxes, if any, that could result from the application of Subchapter T to the Cooperative's income has been reflected in the accompanying financial statements. The Cooperative is also subject to a minimum tax for New York State. This tax is computed using the capital base method. The Company, the Foundation and the Cooperative file income tax returns in the U.S. federal and New York State jurisdictions and recognize the effect of income tax positions only if those positions are more likely than not to be sustained. Management has determined that none of the entities had uncertain tax positions that would require financial statement recognition or disclosure. The entities are no longer subject to examinations by the applicable taxing jurisdictions for periods prior to December 31, 2010. Reclassifications Certain reclassifications have been made to the 2012 financial statement presentation to correspond to the current year's format. Professional Liability Insurance The Corporation's professional liability insurance coverage is on the occurrence basis. Occurrence basis insurance provides coverage for all incidents occurring during the policy period. Policy limits are $1,000,000 and $3,000,000 in total. The Corporation has a deductible of$0 per occurrence. 12 Peconic Landing at Southold, Inc.and Peconic Landing Housing Association Cooperative, Inc. Notes to Consolidated Financial Statements December 31, 2013 and 2012 2. Summary of Significant Accounting Policies (continued) Worker's Compensation Insurance The Corporation participated in a self-insurance trust administered through NYAHSA along with other New York facilities to provide its worker's with compensation insurance. Under the terms of the policy, the policyholders are responsible for the obligations of the trust until all claims are fully mature. Premiums paid represent a portion of the potential liability, as determined for the group. The policy is written on an occurrence basis and has a component of reinsurance. Management has not recorded any liabilities related to this policy as they are not aware of any,underfunding within the pool. During 2011, the Corporation obtained a guaranteed cost plan that determines cost as a percentage of salaries with no contingent claim liability. Subsequent Events Management has evaluated subsequent events for disclosure and/or recognition in the financial statements through the date that the financial statements were available to be issued,which date is April 29, 2014. 3. Assets Limited as to Use The assets limited as to use is as follows at December 31: 2013 2012 Funds Held by Trustee Under Indenture Agreement Bond Interest Fund $ 166,633 $ 162,502 Debt Service Reserve Fund 2,095,255 2,095,255 2,261,888 2,257,757 Board Designated Funds Community Fund 153,101 174,973 Health Care Expansion 1,100,674 1,092,008 1,253,775 1,266,981 Donor Restricted Funds Community'Fund 260,332 101,784 Health Care Expansion 805,102 602,948 1,065,434 704,732 NYS Article 46 Requirement Reserve fund 6,193,740 6,306,590 Accrued Interest 113,191 154,926 6,306,931 6,461,516 Total $10,888,028 $ 10,690,986 * These amounts are classified as current assets in the Consolidated Statements of Financial Position. 13 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Notes to Consolidated Financial Statements December 31, 2013 and 2012 4. Investments The composition of assets limited as to use, investments, and residents' deposits and escrows measured at fair value categorized by the fair value hierarchy in the aggregate at December 31: 2013 Assets Limited Residents'Deposits As to Use Investments and Escrows Total Level 1 (Quoted Prices in Active Markets): Equities U.S.Large Cap $ - $ 467,411 $ 6,186,455 $ 6,653,866 ETF 100,762 228,376 329,138 U.S.Government Securities 2,785,891 1,552,612 3,102,794 7,441,297 Level 2(Other Observable Inputs): Corporate bonds 3,340,401 2,754,244 222,120 6,316,765 Total Fair Value Assets 6,126,292 4,875,029 9,739,745 20,741,066 Cash and Cash Equivalents 4,648,545 1,265,626 546,520 6,460,691 Accrued interest 113,191 - - 113,191 $ 10,888,028 $ 6,140,655 $ 10,286,265 $27,314,948 2012 Assets Limited Residents'Deposits As to Use Investments and Escrows Total Level 1 (Quoted Prices in Active Markets): Equities U.S.Large Cap $ - $ 750,822 $ 2,522,439 $ 3,273,261 ETF 77,719 241,980 319,699 U.S.Government Securities 3,219,754 1,603,714 5,194,465 10,017,933 Level 2(Other Observable Inputs): Corporate bonds 3,076,451 5,482,452 836,064 9,394,967 Total Fair Value Assets 6,296,205 7,914,707 8,794,948 23,005,860 Cash and Cash Equivalents 4,239,855 80,776 515,382 4,836,013 Accrued interest 154,926 - - 154,926 $ 10,690,986 $ 7,995,483 $ 9,310,330 $27,996,799 14 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Notes to Consolidated Financial Statements December 31, 2013 and 2012 4. Investments (continued) Investment income is comprised of the following for the years ended December 31: 2013 2012 Interest and dividend income $ 694,072 $ 749,250 Realized gain 676,154 202,119 Previously recognized unrealized losses (601,503) (70,168) 768,723 881,201 Unrealized(loss)gain on investments (174,073) 367,634 $ 594,650 $ 1,248,835 Investment expense for the years ended December 31, 2013 and 2012 was $97,970 and $72,583, respectively. 5. Property and Equipment Land, building and equipment consist of the following at December 31: 2013 2012 Land $ 11,034,275 $ 11,034,275 Land Improvements 12,377,737 11,901,319 Building and building improvement 76,347,867 76,284,695 Furniture and equipment 15,927,727 15,519,484 Construction-in-progress 2,540,823 1,379,342 118,228,429 116,119,115 Accumulated depreciation (48,518,494) (43,852,680) $ 69,709,935 $ 72,266,435 Construction-in-progress relates to costs for the expansion project (see note 14). Costs incurred for 2013 and 2012 for the expansion were approximately $1,283,000 and $896,000 and are currently being funded through operations. Estimated additional costs to complete the expansion project are approximately$41,038,000. No provision for depreciation is made on construction-in-progress until such time as the relevant assets are completed and are available to be put into use. 15 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Notes to Consolidated Financial Statements December 31, 2013 and 2012 6. Long-Term Debt Long term debt at December 31, 2013 and 2012 consisted of the following: 2013 2012 Suffolk County Economic Development Corporation Revenue Refunding Bonds, Series 2010 Interest payable semi-annually on each June 1 and December 1 at interest rates ranging from 4.5%to 6%. The Corporation is required to make annual sinking fund payments ranging from $430,000 in 2013 to$3,950,000 in 2040 to fund the term bonds. $ 28,350,000 $ 28,780,000 Less unamortized Bond Discount (330,154) (353,348) Total Suffolk County Revenue Bonds 28,019,846 28,426,652 Less amount Due Within One Year (450,000) (430,000) Amount Due After One Year $ 27,569,846 $ 27,996,652 The Revenue Refunding Bonds, Series 2010 were issued in December 2010 to refund the outstanding principal amount of the Suffolk County Industrial Development Agency's, Continuing Care Retirement Community Fixed Rate Revenue Bonds, Series 2000A. As of December 31, 2010, all Series 2000A bonds were repaid. Principal maturities on long-term debt for the next five years and the total amount due thereafter are as follows: 2014 $ 450,000 2015 470,000 2016 490,000 2017 515,000 2018 540,000 2019-thereafter 25,885,000 $ 28,350,000 The Corporation incurred interest expense of$1,664,605 and $1,681,517 related to the Series 2010 Revenue Refinancing Bonds for the years ended December 31, 2013 and 2012. 7. Refundable Deposits and Deferred Revenue from Health Care Reserve Fees Prospective residents of the Cooperative execute a subscription agreement and a care agreement. The residents currently pay an initial deposit equal to ten percent of both the health care reserve fee and the Cooperative purchase price of the independent unit selected. The Cooperative purchase price and the health care reserve fee together comprise the entrance fee. The remaining ninety percent of the entrance fee is payable upon occupancy of the unit. 16 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Notes to Consolidated Financial Statements December 31, 2013 and 2012 7. Refundable Deposits and Deferred Revenue from Health Care Reserve Fees (continued) The Corporation has executed three different resident agreements since inception. Residents who executed agreements prior to May 24, 2000 were eligible for either a Type I or Type II Agreement. Residents who executed Type I Agreements are required to pay a monthly service charge that currently ranges between $192 and $401 more than those who executed Type II Agreements, depending on the unit purchased. Upon resale, Type I agreements call for a fixed $10,000 remarketing fee and the Type II agreement calls for a remarketing fee of 6% of the resale price. In 2010, the Type II Agreement was amended so incoming residents executing the agreement will pay a remarketing fee of 10% of the resale price, a $15,000 Capital Improvements Fee and a Refurbishment Fee, if applicable, at the time of the resale of the unit. Residents have the right to terminate the agreements in writing for any reason within 72 hours of signing. Residents can cancel the agreements for any reason after 72 hours of signing but prior to occupancy upon 30 days of written notice to the Corporation. If the agreements are cancelled after 72 hours but before occupancy, the Corporation will refund the deposit, except for the processing fee and costs specifically requested to be incurred by the resident. Residents who terminate the agreement within 90 days of occupancy will receive a full refund of the health care reserve fee. For residents who terminate the agreement after 90 days of occupancy, the health care reserve fee to be refunded will be reduced by a four percent reprocessing fee and by an additional two percent per month of occupancy. No refund is payable after 48 months. When occupancy occurs it is the policy of the Corporation to classify the health care reserve fee as deferred revenue, and the remaining amount as refundable deposits. Options and Upgrades represent approved upgrades at the time of original construction. These improvements are refunded to resident upon resale of their unit. 8. Temporarily Restricted Net Assets Temporarily restricted net assets are those whose use by the Corporation has been limited by donors to a specific time period or purpose. Temporarily restricted net assets are available for the following purposes at December 31, 2013 and 2012: 2013 2012 First responders $ 3,371 $ 3,371 Tool Time 340 340 Team Work 4,346 4,331 Healthcare center expansion 786,812 587,862 Employee lounge 171,814 41,982 Other 25,844 25,844 Total $ 992,527 $ 663,730 17 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Notes to Consolidated Financial Statements December 31, 2013 and 2012 9. Fair Value of Financial Instruments The following methods and assumptions were used by the Corporation to make disclosure about the fair value of each class of financial instrument for which it is practical to estimate that value: Cash and cash equivalents: The carrying amount reported in the balance sheet for cash and cash equivalents approximates its fair value due to the short-term nature of these instruments. Long-term debt. Fair values of the Corporation's long-term debt are based on current traded value (Level 2 measurements). The carrying amounts and fair values of the Corporation's financial instruments at December 31, were as follows: 2013 2012 Carrying Carrying Level Amount Fair Value Amount Fair Value Investments 1 &2 $ 6,140,000 $ 6,140,000 $ 8,000,000 $ 8,000,000 Assets limited as to use 1 &2 $10,890,000 $10,890,000 $10,690,000 $10,690,000 Resident deposits and escrows 1 &2 $10,290,000 $10,290,000 $ 9,310,000 $ 9,310,000 Long-term debt 2 $28,350,000 $31,490,000 $28,780,000 $33,330,000 10. Concentrations of Credit Risk The Corporation maintains its cash accounts at commercial banks. The cash balances in each bank are insured by the Federal Deposit Insurance Corporation up to $250,000. The funds on deposit in brokerage accounts are insured by the Securities Investor Protection Corporation up to $500,000. The concentration of credit risk varies with the funds held in the account and fluctuates based on available balances during the year. The concentration is managed by maintaining all deposits in a high quality financial institution. 11. Leases On November 28, 2000, the Company and the Cooperative entered into a lease agreement. Under the terms of the lease, the Company agreed to lease a portion of its real property to the Cooperative. In addition, the lease specifies that the Company agrees to construct and furnish on the real property certain buildings, improvements and furnishings and to transfer title to these specified residential improvements for and in consideration of all authorized and un-issued shares of the Cooperative. Pursuant to the terms of the executed lease, the Company owns the land, the community center, and the health care center and the Cooperative owns the specified residential improvements. 18 Peconic Landing at Southold, Inc.and Peconic Landing Housing Association Cooperative, Inc. Notes to Consolidated Financial Statements December 31, 2013 and 2012 11. Leases (continued) The lease provides that the Cooperative must use the property only for the purpose of providing housing to members who enter into care agreements with the Company. The Cooperative does not have the right to remove the residential improvements without the Company's prior written consent. The lease may only be terminated with the approval of the New York State Continuing Care Retirement Community Council, or its successor state agency. In the event of default under the lease agreement, the residential improvements vest with the Company. The lease term is 99 years and the annual rent for the initial ten year period of the lease is computed on the basis of$225 per month per occupied residential unit, not to exceed an annual rent of $675,000 in any calendar year during this period. Subsequent to the initial ten year period, the Company has the option to adjust the base rent to ten percent of the appraised value of the land. Rent payments under the lease agreements for the years ended December 31, 2013 and 2012 were $643,275 and $648,900. 12. Interest on Resale of Units Cooperative shares are issued to residents by the Company pursuant to the execution of both a care agreement with the Company and a proprietary lease with the Cooperative. When a unit is vacated one of the following two transactions ;could occur which would determine the refund amount for the unit: 1. If the company identifies a qualifying purchaser, the Company will pay the exiting member the lower of 1) the price paid by the new member for the unit less ten percent remarketing fee, Capital Improvement Fee and Refurbishing Fee, if applicable or 2) the sum of the purchase price at which the transferring member originally purchased the certificate, adjusted by inflation as defined, plus the cost of approved improvements, less a ten percent remarketing fee. 2. If the Company is unable to identify a qualified purchaser within one year, the Company is obligated to pay the exiting member the lower of 1) the most recent purchase price paid for a cooperative unit of the same type plus approved improvements, less a ten percent remarketing fee, Capital Improvement Fee and Refurbishing Fee, if applicable or 2) the purchase price at which the member originally purchased the certificate, plus the cost of approved improvements, less a ten percent remarketing fee, Capital Improvement Fee and Refurbishing Fee, if applicable. 19 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Notes to Consolidated Financial Statements December 31, 2013 and 2012 12. Interest on Resale of Units (continued) Both transactions are accounted for as a financing transaction and the excess or deficit in purchase price refunded upon resale of the unit is classified as interest expense or interest income on the statement of operations of the Company at the time of the transaction. In substance, the Company is loaned money by the purchaser which they are subsequently obligated to repurchase if another purchaser cannot be found within one year. Thus, any payment to the seller in excess of the seller's original investment has the characteristics of interest expense similar to other financing arrangements. For the years ended December 31, 2013 and 2012, interest expense recognized on the resale of the units was $ 491,834 and $859,817. 13. Pension Plans Employee Savings Plan The Company is a 501 (c)(3) non-profit corporation and offers a voluntary tax sheltered annuity (TSA) retirement program to all employees over 21 years of age, as specified under Internal Revenue Code 403(b). Each participant who satisfies the requirements shall be entitled to receive an allocation of employer matching contributions for each plan year equal to the lesser of(A) 60% of their salary reduction contributions deferred during that plan year while they satisfied the participation requirement for employer matching contributions, or (B) 4% of their compensation received during that plan year while they satisfied the participation requirements for employer matching contributions. Employer matching contributions for the years ended December 31, 2013 and 2012 were $208,512 and $212,890. 457 Deferred Compensation Plan During 2012, Peconic Landing established two 457 deferred compensation plans for tax- exempt employers as set forth in Section 457 of the Internal Revenue Code of 1986. The first is to meet the pension obligation pursuant to the CEO's employment contract and calls for an annual employer contribution of$17,000. The second was established for the Directors (excluding the CEO) and calls for discretionary contributions to the plan that are a percentage of base salary (7% for 2012) plus a factor (.5%) for each year of service. The latter plan includes a 5 year vesting schedule. The investment choices for both plans are directed by the participants and the accounts are administered by Mutual of America. The separate accounts are in the name of Peconic Landing for the benefit of the participants. Total expense, related to this benefit, included in the financial statements for the year ended December 31, 2013 and 2012 were$78,482 and $90,763. 20 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Notes to Consolidated Financial Statements December 31, 2013 and 2012 14. Expansion Project The Company has begun an expansion project that includes the addition of a 16-suite Skilled Nursing Neighborhood, a 16-suite Memory Care Enriched Living Neighborhood, 46 Independent Living Apartments and various improvements and renovations to the current property and buildings of the CCRC. In December 2011, the Company entered into a development consulting agreement with Greenbrier Development, LLC to provide certain planning and development consulting services in connection with the expansion project. As compensation for the development consulting services, Greenbrier shall receive a fee (development fee) of 3% of the total project costs included in the final project budget ($43 million at time of issuance). The development fee will be paid to Greenbrier by the corporation at; (1) $25,000 per month during the initial 18 month period beginning January 1 2012; (2) upon closing of financing of the project an amount equal to 50% of the development fee less fees paid to date; (3) $25,000 per month during the construction period and; (4) upon obtaining a certificate of occupancy 100% of the development fee less fees paid to date. In April 2012, the Company entered into an architect's agreement with Perkins Eastman Architects to provide architectural services related to the expansion 'project. As compensation for such services Perkins Eastman Architects shall receive a fee of $1,172,000 to be paid progressively based on the percentage of completed services. The expansion project is budgeted at $43 million and is expected to be funded with a combination of new long term debt (approximately $19 million), new short term debt (approximately $17'million), contributions (approximately $3 million) and Company equity (approximately$4 million). The short term debt will be satisfied with the proceeds from the sales of the 46 Independent Living Apartments. The budgeted timeline for completion of the project is approximately 14 months after financing is obtained. Financing is expected to be obtained mid 2014. 15. Commitments and Contingencies The Corporation is subject to legal proceedings and claims that arise in the course of providing health care services. The Corporation maintains malpractice insurance coverage for claims made during the policy year. Management has determined that no provision is required for amounts expected to be paid under the policy's 'deductible limits for unasserted claims not covered by the policy and any other uninsured liability. The health care industry is subject to numerous laws and regulations of federal, state, and local governments. These laws and regulations include, but are not necessarily limited to, matters such as licensure, accreditation, and government health care program participation requirements, reimbursement for patient services, and Medicare and Medicaid fraud and abuse. 21 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Notes to Consolidated Financial Statements December 31, 2013 and 2012 16. Future Operations and Liquidity As of December 31, 2013, the Company had a net deficit of $49,208,757 and refundable entrance fees of $107,989,126. While not amortized to income, refundable entrance fee deposits act as a component of the Company's permanent capitalization, as refunds to current residents are normally funded by entrance fee deposits of new residents entering the community. Consequently, management has no concern about the Company's ability to fund the liabilities as they become due. 17. Funding For Future Major Repairs and Replacements The Cooperative's governing documents do not require the accumulation of funds to finance estimated future major repairs and replacements. The Cooperative has not conducted a study to determine the remaining useful lives of the components of its real and personal property and current estimates of the costs and related funding of major repairs and replacements that may be required in the future. The Cooperative has the right to borrow, increase maintenance charges, pass additional special assessments, or defer repairs and replacements until funds are available. The effects on future assessments have not been determined at this time. U.S. GAAP requires that information about the estimates of future costs of major repairs and replacements, although not a part of the basic financial statements, be presented to supplement the basic financial statements. 18. Functional Expenses The corporation provides general health care services to residents within its geographic location. Expenses relating to providing these services for the years ended December 31 were as follows: 2013 2012 Program expense $19,745,614 $19,364,618 Administrative and general 6,162,267 5,974,472 $25,907,881 $25,339,090 22 Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc. Supplemental Information December 31, 2013 Peconic Landing at Southold,Inc.and Peconic Landing Housing Association Cooperative,Inc. Consolidating Statement of Financial Position December 31,2013 Brecknock Hall CCRC Foundation Inc. Eliminations Total ASSETS Current Assets Cash and cash equivalents $ 2,907,666 $ 106,585 $ - $ 3,014,251 Investments 6,140,655 - - 6,140,655 Accounts receivable,net of allowance for doubtful accounts of$50,000 in 2013 and 2012 1,432,637 - 1,432,637 Assets limited as to use,current portion 971,735 - 971,735 Inventory 44,247 - - 44,247 Prepaid expenses and other current assets 1,582,394 - 1,582,394 Due from affiliates 549,576 - (549,576) - Total Current Assets 13,628,910 106,585 (549,576) 13,185,919 Assets limited as to use,net of current portion Indenture and trust agreements 2,261,888 - - 2,261,888 Board designated accounts 1,253,775 - - 1,253,775 Donor-Restricted 1,065,434 - - 1,065,434 NYS Article 46 requirement 6,306,931 - - 6,306,931 Total 10,888,028 - - 10,888,028 Less: Amounts Required for Current Liabilities 971,735 - - 971,735 Total Assets Limited as to Use 9,916,293 - 9,916,293 Land,building and equipment,net 69,568,780 141,155 - 69,709,935 Resident deposits and escrows 10,286,265 - - 10,286,265 Deferred financing costs,net 812,117 - - 812,117 Deferred marketing costs,net 703,198 - - 703,198 $ 104,915,563 $ 247,740 $ (549,576) $ 104,613,727 LIABILITIES AND NET DEFICIT Current Liabilities Current portion of long term debt $ 450,000 $ - $ - $ 450,000 Accounts payable and accrued expenses 2,418,103 6,808 - 2,424,911 Accrued Interest Payable 138,717 - - 138,717 Total Current Liabilities 3,006,820 6,808 - 3,013,628 Residents'deposits and escrow payable 10,173,800 - - 10,173,800 Refundable deposits 107,989,126 - - 107,989,126 Due to related parties - 549,576 (549,576) - Deferred revenue from health care reserve fees 3,853,348 - 3,853,348 Options and upgrade liability 1,222,736 - - 1,222,736 Long-term debt,less current portion 27,569,846 - - 27,569,846 Total Liabilities 153,815,676 556,384 (549,576) 153,822,484 Net Asset(Deficit) Unrestricted (49,892,640) (308,644) - (50,201,284) Temporarily restricted 992,527 - - 992,527 Total Net Deficit (48,900,113) (308,644) - (49,208,757) $ 104,915,563 $ 247,740 $ (549,576) $ 104,613,727 See independent auditors'report 23 Peconic Landing at Southold,Inc.and Peconic Landing Housing Association Cooperative,Inc. Consolidating Statement of Operations and Changes in Net Deficit Year Ended December 31,2013 Brecknock Hall CCRC Foundation Inc. Eliminations Total UNRESTRICTED NET DEFICIT Operating Revenue Net Patient Service Revenue Resident Services $ 16,105,605 $ $ - $ 16,105,605 Health Care Services 4,319,439 - - 4,319,439 Remarketing Fee Revenue 451,834 - - 451,834 Total Net Patient Service Revenue 20,876,878 - - 20,876,878 Interest and dividends 693,700 372 - 694,072 Realized gains/losses 676,154 - - 676,154 Previously recognized unrealized(gains)/losses (601,503) - - (601,503) Other revenue 546,138 89,450 - 635,588 Contributions 57,860 - - 57,860 Net assets released from restrictions 482,739 1,100 - 483,839 Total Operating Revenue 22,731,966 90,922 - 22,822,888 Operating Expenses Health Care 5,147,617 - - 5,147,617 Dietary 3,398,971 - - 3,398,971 Administration and General 6,108,791 55,684 - 6,164,475 Maintenance and Security 3,060,760 34,471 - 3,095,231 Housekeeping and Laundry 896;493 4,645 - 901,138 Depreciation and Amortization 4,978,630 65,380 - 5,044,010 Interest 1,664,605 - - 1,664,605 Interest on Resale of Units 491,834 - - 491,834 Total Operating Expenses 25,747,701 160,180 - 25,907,881 Excess of Operating Revenue Over Operating Expenses (3,015,735) (69,258) - (3,084,993) Non-operating Revenue Unrealized gain on investments (174,073) - - (174,073) Gain on early extinguishment of debt - - - - Total Non-operating Revenue (174,073) - - (174,073) Change in Unrestricted Net Asset(Deficit) (3,189,808) (69,258) - (3,259,066) Unrestricted net deficit,beginning of year (46,702,832) (239,386) - (46,942,218) Unrestricted net deficit,end of year (49,892,640) (308,644) - (50,201,284) TEMPORARILY RESTRICTED NET ASSETS Contributions 811,536 1,100 - 812,636 Net assets released from restrictions (482,739) (1.100) - (483,839) Change in Temporarily Restricted Net Assets 328,797 - - 328,797 Temporarily restricted net assets,beginning of year 663,730 - - 663,730 Temporarily restricted net assets,end of year 992,527 - - 992,527 Change in Net Deficit (2,861,011) (69,258) - (2,930,269) NET DEFICIT Beginning of year (46,039,102) (239,386) - (46,278,488) End of year $ (48,900,113) $ (308,644) $ - $ (49,208,757) See independent auditors'report 24 PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATION COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. CONSOLIDATED FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2011 AND 2010 HMM HORAN, MARTELLO, MORRONE, P.C. CERTIFIED PUBLIC ACCOUNTANTS PARTNERS PARTNERS DANIEL M. HORAN (1938-2005) WAYNE I. ROBINSON JOSEPH F. MARTELLO SUZANNE BREIT ANTHONY L. MORRONE DOROTHEA A. Russo INDEPENDENT AUDITORS' REPORT To the Board of Trustees of Peconic Landing at Southold, Inc., Peconic Landing Housing Association Cooperative, Inc.and Brecknock Hall Foundation, Inc. Greenport,New York We have audited the accompanying consolidated statements of financial position of Peconic Landing at Southold, Inc., Peconic Landing Housing Association Cooperative, Inc., and Brecknock Hall Foundation, Inc., as of December 31,2011 and 2010, and the related consolidated statements of operations and changes in net deficit and cash flows for the years then ended. These consolidated financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audit in accordance with auditing standards generally accepted in the United States of America.Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the consolidated financial position of Peconic Landing at Southold, Inc., Peconic Landing Housing Association Cooperative, Inc., and Brecknock Hall Foundation, Inc., as of December 31, 2011 and 2010, and the consolidated results of their operations,changes in their net deficit, and their cash flows for the years then ended, in conformity with accounting principles generally accepted in the United S tes of America. CERTIFIED PUBLIC ACCOUNTANTS April 12,2012 527 Townline Road—Suite 203,Hauppauge,NY 117881 Telephone: (631) 265-6289 I Fax: (631)265-6523 www.horanmm.com I Email: general@horanmm.com PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATION COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. CONSOLIDATED STATEMENTS OF FINANCIAL POSITION DECEMBER 31,2011 AND 2010 ASSETS 2011 2010 CURRENT ASSETS Cash and Cash Equivalents $ 1,711,094 $ 2,405,450 Short-Term Investments(Note 2) 5,375,065 4,848,644 Accounts Receivable, Net of Allowance for Doubtful Accounts of$50,000 in 2011 and $50,000 in 2010 991,816 884,832 Current Portion of Assets Limited as to Use 163,247 29,658 Prepaid Expenses and Other Current Assets 1,494,174 1,283,662 Inventory 41,372 46,649 Total Current Assets 9,776,768 9,498,895 ASSETS LIMITED AS TO USE Indenture and Trust Agreements 8,308,519 8,556,840 Board Designated Accounts 969,575 394,547 Donor-Restricted 467,857 61,992 Accrued Interest Receivable 170,178 144,058 Total (Note 2) 9,916,129 9,157,437 Less: Amounts Required for Current Liabilities (163,247) (29,658) Total Assets Limited as to Use 9,752,882 9,127,779 RESIDENT DEPOSITS AND ESCROW(Note 2) 10,737,822 10,303,670 PROPERTY AND EQUIPMENT, NET(Note 3) 75,121,516 78,765,801 OTHER ASSETS Deferred Financing Costs, Net(Note 4) 926,222 983,275 Deferred Marketing Costs, Net 1,299,094 1,597,043 Total Other Assets 2,225,316 2,580,318 TOTAL ASSETS $ 107,614,304 $ 110,276,463 LIABILITIES AND NET DEFICIT CURRENT LIABILITIES Accounts Payable and Accrued Expenses $ 2,359,139 $ 2,193,277 Long-term Debt-Current Portion (Note 5) 410,000 385,000 Accrued Interest Payable 140,255 103,912 Total Current Liabilities 2,909,394 2,682,189 OTHER LIABILITIES Resident Deposits and Escrow Payable 10,243,446 10,212,989 Refundable Deposits (Note 6) 104,091,191 103,857,052 Deferred Revenue from Health Care Reserve Fees (Note 6) 4,414,804 4,873,601 Options and Upgrade Liability (Note 6) 1,398,955 1,503,975 Long-Term Debt, Less Current Portion (Note 5) 28,403,458 28,790,264 Total Other Liabilities 148,551,854 149,237,881 Total Liabilities 151,461,248 151,920,070 NET ASSETS (DEFICIT) Unrestricted (44,276,612) (41,681,535) Temporarily Restricted (Note 7) 429,668 37,928 Total Deficit (43,846,944) (41,643,607) Total Liabilities and Net Deficit $ 107,614,304 $ 110,276,463 The accompanying Notes to Financial Statements are an integral part of this statement. -2 - PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATION COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. CONSOLIDATED STATEMENTS OF OPERATIONS AND CHANGES IN NET DEFICIT YEARS ENDED DECEMBER 31,2011 AND 2010 2011 2010 REVENUES,GAINS,AND OTHER SUPPORT Resident Services $ 15,399,079 $ 14,832,120 Health Care Services 3,859,285 3,726,206 Remarketing Fee Revenue 567,904 540,478 Investment Income 826,608 751,851 Contributions- (Unrestricted) 51,749 134,748 Net Assets Released from Restrictions 356,643 413,471 Other 614,714 455,788 Total Revenues, Gains, and Other Support 21,675,982 20,854,662 OPERATING EXPENSES Health Care 4,500,028 4,322,298 Dietary 3,157,129 3,063,895 Administration and General 5,331,331 4,954,361 Maintenance and Security 3,074,496 3,133,759 Housekeeping and Laundry 790,567 786,726 Depreciation and Amortization 5,066,856 5,768,786 Interest 1,792,535 2,412,746 Interest on Resale of Units 889,540 1,054,620 Net Assets Released from Restrictions 356,643 413,471 Total Operating Expenses 24,959,125 25,910,662 OPERATING LOSS (3,283,143) (5,056,000) NONOPERATING REVENUES,GAINS,AND OTHER SUPPORT Unrealized Gains/(Losses) on Investments 335,705 105,395 Contributions- (Temporarily Restricted) 750,351 326,912 Gain/(Loss) on Early Extinguishment of Debt (6,250) (568,500) CHANGE IN NET DEFICIT (2,203,337) (5,192,193) Net Deficit- Beginning of Year (41,643,607) (36,451,414) NET DEFICIT- END OF YEAR $ (43,846,944) $ (41,643,607) The accompanying Notes to Financial Statements are an integral part of this statement. -3- PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATION COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. CONSOLIDATED STATEMENTS OF CHANGES IN NET ASSETS/( DEFICIT) YEARS ENDED DECEMBER 31,2011 AND 2010 Temporarily Unrestricted Net Restricted Net Deficit Assets Total Net Deficit Balance at December 31, 2009 $ (36,576,249) $ 124,835 $ (36,451,414) Change In Net Assets/(Deficit) (5,105,286) (86,907) (5,192,193) Balance at December 31, 2010 $ (41,681,535) $ 37,928 $ (41,643,607) Change In Net Assets/(Deficit) (2,595,077) 391,740 (2,203,337) Balance at December 31, 2011 $ (44,276,612) $ 429j668 $ (43,846,944) The accompanying Notes to Financial Statements are an integral part of this statement. -4- PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATION COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. CONSOLIDATED STATEMENTS OF CASH FLOWS YEARS ENDED DECEMBER 31,2011 AND 2010 2011 2010 CASH FLOWS FROM OPERATING ACTIVITIES Change in Net Deficit $ (2,203,337) $ (5,192,193) Adjustments to Reconcile Change in Net Deficit to Net Cash Used by Operating Activities: Depreciation 4,688,661 4,546,634 Amortization of Deferred Marketing, Finance Fees, and Bond Discount 378,195 1,222,152 Amortization of Health Care Reserve Fees (1,418,797) (1,058,117) Interest on Resale of Units 889,540 1,054,620 Unrealized (Gain)/Loss on Investments (335,705) (105,395) Bad Debt Expense 5,993 2,682 (Increase) Decrease in: Accounts Receivable (112,977) (123,405) Prepaid Expenses (210,512) 255,782 Inventory 5,277 (6,716) Resident Deposits and Escrows (434,152) (2,736,488) Increase (Decrease)in: Accounts Payable and Accrued Expenses 165,863 258,522 Accrued Interest Payable 36,343 (474,988) Resident Deposits and Escrow Payable 30,457 3,070,031 Deferred Revenue from Health Care Reserve Fees 960,000 1,065,966 Option and Upgrade Liability (105,020,) (147,960) Net Cash Provided by/(Used in) Operating Activities 2,339,829 1,631,127 CASH FLOWS FROM INVESTING ACTIVITIES Decrease (Increase) in Assets Limited as to Use (422,987) 1,364,327 Decrease (Increase) in Short-Term Investments (526,421) (271,575) Purchases of Property, Plant, and Equipment (1,044,376) (933,985) Net Cash Provided by/(Used in) Investing Activities (1,993,784) 158,767 CASH FLOWS FROM FINANCING ACTIVITIES Decrease in Refundable Deposits, Net of Refunds (655,401) (940,339) Proceeds from New Borrowings - 29,173,331 Payment of Long-term Debt (385,000) (28,945,000) Increase in Financing Costs - (988,029) Net Cash Provided by/(Used in) Financing Activities (11040,401) (1,700,037) INCREASE/(DECREASE) IN CASH AND CASH EQUIVALENTS (694,356) 89,857 Cash and Cash Equivalents-Beginning of Year 2,405,450 2,315,593 CASH AND CASH EQUIVALENTS-END OF YEAR $ 1,711,094 $ 2,405,450 SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION Cash Paid During the Year for Interest $ 1,720,532 $ 3,456,234 Cash Paid During the Year for Income Taxes $ 33,849 $ 28,088 The accompanying Notes to Financial Statements are an integral part of this statement. -5 - PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATIONS COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2011 AND 2010 (1) ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Organization The consolidated financial statements are presented on the accrual basis and consist of the accounts of Peconic Landing at Southold, Inc. (the"Company"), Peconic Landing Housing Association Cooperative, Inc. (the"Cooperative"),and Brecknock Hall Foundation, Inc. (the"Foundation"), (Collectively referred to as the "Corporation"). All significant inter-company transactions and balances have been eliminated in consolidation. Peconic Landing at Southold, Inc. and Peconic Landing Housing Association Cooperative, Inc.were organized for the purpose of developing,owning,and operating a continuing care retirement community (CCRC). Peconic Landing at Southold, Inc. is a not-for-profit, New York Corporation organized and incorporated in 1994. Peconic Landing Housing Association Cooperative, Inc. is a for-profit organization incorporated in 1998. The Corporation provides housing,food, healthcare,and other services to the elderly residents. Residents pay an entrance fee and ongoing monthly service fees to the Corporation. The primary source of revenue is revenue from resident services. The Corporation is located in Greenport, New York,on approximately 145 acres of land,with approximately 2,700 feet of beach frontage on Long Island Sound within the town of Southold,Suffolk County, New York. The Corporation consists of 250 independent living units, 26 enriched housing beds,44 nursing beds, several dining rooms,common areas,and a kitchen area that supports the operation of the dining services. Brecknock Hall Foundaton, Inc. is a not-for-profit, New York Corporation organized and incorporated in 2003. The Foundation was formed for the purpose of collecting and distributing funds for the renovation, operation and maintenance of Brecknock Hall,as well as to establish and maintain educational and social programs at Brecknock Hall to benefit the surrounding communities. Admissions to the independent living units began in May 2002. As of December 31,2011 and 2010,the number of independent living units occupied was 239 and 241, respectively. The construction of the health center was substantially completed in December, 2002 and occupancy of the health center began in February, 2003. As of December 31,2011 and 2010,the number of health center units occupied was 39 and 43, respectively, in skilled nursing and 20 and 25, respectively, in enriched living. The Corporation was formed to provide an integrated system of housing and health care for its members. The Company owns the land and operates the community and health centers. The Cooperative owns the independent residences. Prospective residents become members of the Cooperative by purchasing shares in the cooperative and executing a proprietary lease and subscription agreement with the Cooperative that allows them the right to occupy one of the apartments or cottages in the Corporation. All members of the Cooperative must also execute a care agreement with the Company. -6- PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATIONS COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2011 AND 2010 (1) ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Financial Statement Presentation The Corporation reports information regarding its financial position and activities according to three classes of net assets: unrestricted,temporarily restricted (subject to donor or time restrictions),and permanently restricted (principal unavailable for any use). Unrestricted net assets are not restricted as to use or purpose by a donor or grantor. The unrestricted net assets of Peconic Landing at Southold, Inc. include certain board-designated funds whose use has been limited by the Board of Trustees for a specific time or purpose. Temporarily restricted net assets are those whose use by the Corporation has been limited by donors to a specific time period or purpose. Permanently restricted net assets have been restricted by donors to be maintained by the Corporation in perpetuity. The Corporation does not currently have any permanently restricted net assets. Use of Estimates The preparation of consolidated financial statements in conformity with U.S.Generally Accepted Accounting Principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the consolidated financial statements. Estimates also affect the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Cash and Cash Equivalents The Corporation considers all highly liquid investments with maturities of three months or less at the date of purchase to be cash equivalents. Investments Investments- Investments in debt securities and equity securities with readily determinable fair values are carried at fair value based on quoted prices in active markets (all Level 1 measurements) in the balance sheet. Investment income or loss (including realized gains and losses on investments, interest and dividends) is included in the operating income/(loss) unless the income or loss is restricted by donor or law. Unrealized gains and losses on investments are excluded from the operating income/(loss). Inventories Inventories of supplies are carried at cost, which approximates market value on a first in first out basis. Accounts Receivable and Allowance for Doubtful Accounts The Corporation provides an allowance for uncollectible accounts based on the allowance method using management's estimate about the collectability of past due accounts. Residents are not required to provide collateral for services rendered, except for a one month advance deposit for individuals admitted to the health care facility without a life contract. Payment for services is required upon receipt of invoice. - 7- PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATIONS COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. NOTESTOCONSOLIDATED FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2011 AND 2010 (1) ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Furthermore,the subscription agreement entitles the Corporation to collect any outstanding accounts receivable upon sale of a resident's apartment or cottage. Accounts are continually analyzed for collectability and management determines when accounts are written off based upon historical losses and existing economic conditions. Assets Limited as to Use Assets limited as to use include assets held by trustees under indenture agreements for construction and debt service as well as assets restricted by the board and donors for specific purposes. Additionally, amounts required to meet current liabilities have been classified as current assets in the consolidated financial statements. Assets limited as to use are carried at fair value,as determined by quoted values,in the consolidated statements of financial position. Resident Deposits and Escrows The Resident escrow accounts represent proceeds of the sale of a resident's cooperative unit. There is a related liability that represents the escrow to be paid upon a resident's death, as directed by the resident, to the resident's estate or to purchase another Cooperative Unit if the resident can live independently again. The escrowed funds are invested in highly rated municipal and corporate bonds as well as money market funds. The interest income on escrowed funds is retained by the sponsor. The Corporation has established a gift annuity program whereby donors may contribute assets to the Corporation in exchange for the right to receive a fixed-dollar annual return during their lifetime.A portion of the transfer is considered to be a charitable contribution for income tax purposes.The difference between the amount provided for the gift annuity and the present value of the liability for future payments, determined on an actuarial basis, is recognized as an unrestricted contribution at the date of the gift. Property and Equipment The Corporation capitalizes all expenditures for property and equipment costing, or if donated, at fair value, over$1,000 and having useful lives greater than one year. Depreciation is provided on a straight- line basis over the estimated useful lives of the assets. The cost of maintenance and repairs is charged against operations as incurred,whereas significant renewals and betterments are capitalized. The general range of estimated lives is 3 to 10 years for equipment and furnishings and 20 to 30 years for buildings, building improvements,and land improvements. Deferred Financing Costs Financing costs incurred in connection with the issuance of long-term debt are deferred and amortized on a straight-line basis,which approximates the effective interest method, over the term of the related indebtedness. Deferred Marketing Costs Direct marketing expenses associated with acquiring initial residential contracts and subscription agreements are deferred and amortized using the straight line method over the estimated life expectancy of the residents of the Corporation. The average life expectancy of the initial residents of the Corporation B- PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATIONS COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2011 AND 2010 (1) ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) is 13.7 years. Accumulated amortization of these costs as of December 31, 2011 and 2010 was $2,782,708 and $2,484,759, respectively. Deferred Revenue From Health Care Reserve Fees Upon execution of the Care Agreement, residents are required to pay a health care reserve fee which entitles them to receive the continuing care services provided by the Company. If the care and subscription agreement are terminated within the first 90 days of occupancy,the health care reserve fee is fully refundable. Subsequent to 90 days,the amount of the health care reserve fee to be refunded will be reduced by a four percent processing fee,and an additional two percent per month of occupancy. After 48 months, no amount will be refundable. These fees, net of the amount to be refunded,are recorded as "deferred revenue from health care reserve fees"and are amortized to income using the straight-line method over the estimated remaining life expectancy of the resident, or couple,adjusted annually. Deferred revenue from health care reserve fees for the next period cannot be reasonably estimated, as such,the entire amount is classified as long-term. Obligation to Provide Future Services The Corporation annually calculates the present value of the net cost of future services and the use of facilities to be provided to current residents and compares that amount with the balance of deferred revenue. If the present value of the net cost of future services and the uses of the facilities exceeds the deferred revenue from entrance fees,a liability is recorded (obligation to provide future services and use of the facilities) with a corresponding charge to income. The discount rate used to calculate the present value of the net cost of future services was 5.5 percent and 5.5 percent for the years ended December 31,2011 and 2010, respectively.The present value of the net cost of future services did not exceed deferred revenue. Accordingly, no obligation was recorded at December 31, 2011 and 2010. Resident Service Revenue Resident service revenue consists primarily of amounts earned under the care agreement. Monthly service fees are billed in advance and are recognized as revenues in the month they are earned. In addition,the Corporation has agreements with third-party payors that provide for payments to the health center at amounts different from its established rates. Net patient and resident service revenue is reported at the estimated net realizable amounts from residents,third-party payors and others for services rendered, including estimated retroactive adjustments under reimbursement agreements with third-party payors. Retroactive adjustments are accrued on an estimated basis in the period the related services are rendered and adjusted in future periods as final settlements are determined. Operating Indicator The statements of operations and changes in net deficit include the operating loss. Changes in unrestricted net assets that are included in the operating loss are transactions that are deemed by management to be ongoing, major, or central to the provision of services. Transactions excluded from the operating loss, consistent with industry practice, include unrealized gains and losses on investments other than trading securities, permanent transfers of assets to and from affiliates for other than goods and services, and contributions of long-lived assets, including assets acquired using contributions that by donor restriction were to be used for purposes of acquiring such assets. -9- PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATIONS COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2011 AND 2010 (1) ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Donor Restricted Gifts Contributions received are recorded as increases in unrestricted,temporarily restricted, or permanently restricted net assets, depending on the existence and/or nature of any donor restrictions. The Corporation reports gifts of cash and other assets as restricted support if they are received with donor stipulations that limit the use of donated assets. When a donor restriction expires, that is, when a stipulated time restriction ends or purpose restriction is accomplished,temporarily restricted net assets are reclassified as unrestricted net assets and reported in the statement of operations as net assets released from restrictions. Donor restricted contributions whose restrictions are met within the same year as received are reported as unrestricted contributions in the accompanying consolidated financial statements. Income Taxes The Company and the Foundation are exempt organizations as defined in Section 501(c) (3) of the Internal Revenue Code (the"Code")and are exempt from federal income tax pursuant to section 501(a) of the Code.The Company and the Foundation have determined that there are no material uncertain tax positions that require recognition or disclosure in the financial statements.The Cooperative is a for-profit organization and files a federal Form 1120H. The Cooperative is also subject to a minimum tax for New York State. This tax is computed using the capital base method. The Company,the Foundation and the Cooperative file income tax returns in the U.S.federal and New York State jurisdictions. The Company, the Foundation, and the Cooperative are no longer subject to U.S.federal, state, or local income tax examination by tax authorities for years before 2008. Professional Liability Insurance The Corporation's professional liability insurance coverage is on the occurrence basis. Occurrence basis insurance provides coverage for all incidents occurring during the policy period. Policy limits are $1,000,000 and$3,000,000 in total. The Corporation has a deductible of$0 per occurrence. Worker's Comaensation Insurance The Corporation participated in a self insurance trust administered through NYAHSA along with other New York facilities to provide its worker's with compensation insurance. Under the terms of the policy, the policy holders are responsible for the obligations of the trust until all claims are fully matured. Premiums paid represent a portion of the potential liability, as determined for the group. The policy is written on an occurrence basis and has a component of reinsurance. Management has not recorded any liabilities related to this policy as they are not aware of any underfunding within the pool. During 2011, the Corporation obtained a guaranteed cost plan that determines cost as a percentage of salaries with no contingent claim liability. Reclassifications Certain reclassifications have been made to the 2010 financial statement presentation to correspond to the current year's format. Total net assets/(deficit) and change in net assets/(deficit)are unchanged due to the reclassifications. - 10 - PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATIONS COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2011 AND 2010 (1) ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) Subseauent Events In preparing these financial statements,the Company has evaluated events and transactions for the potential recognition or disclosure through April 12 2012, the date the financial statements were available to be issued. (2) INVESTMENTS Assets Limited-as to Use The composition of Assets Limited as to Use as of December 31, 2011 and 2010 is as follows: 2011 2010 Funds Held by Trustee Under Indenture Agreement Bond Interest Fund $ 163,247 $ - Bond Renewal and Replacement Fund - 773,220 Debt Service Reserve Fund 2,095,255 2,095,255 Project Fund - 29,658 Operating Reserve Fund 6,050,017 5,658,707 Sub-Total 8,308,519 8,556,840 Board Designated Funds Community Fund 186,572 185,441 Health Care Expansion 783,003 209,106 Sub-Total 969,575 394,547 Donor Restricted Funds Community Fund 62,292 61,992 Health Care Expansion 405,565 - Sub-Total 467,857 61,992 Accrued Interest Receivable 170,178 144,058 Total $ 9,916,129 $ 9,157,437 Assets limited as to use are invested in the following at December 31,2011 and 2010: 2011 2010 Cash and Cash Equivalents $ 3,713,904 $ 3,912,168 U.S.Government and Government Agency Obligations 3,815,957 5,101,211 Corporate Bonds 2,216,090 - Accrued Interest 170,178 144,058 Total ' 9,916,10— $ 9,157,4 U_ - 11 - PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATIONS COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2011 AND 2010 (2) INVESTMENTS(CONTINUED) Short Term Investments Short term investments, stated at fair value, at December 31,2011 and 2010 include: 2011 2010 Cash and Cash Equivalents $ 16,663 $ 41,245 U.S. Government and Government Agency Obligations 1,722,747 2,551,630 Corporate Bonds 2,913,940 1,508,048 Equity Securities 721,715 747,721 Total 5,375,0 $ 4 ,644— Resident Deposits and Escrows Resident Deposits and Escrows, stated at fair value, at December 31, 2011 and 2010 include: 2011 2010 Cash and Cash Equivalents $ 1,048,163 $ 2,058,597 U.S. Government and Government Agency Obligations 7,116,016 5,943,656 Corporate Bonds 1,031,435 1,244,476 Equity Securities 1,542,208 1,056,941 Total 10,737,8M— $ lb,303,670 ,670 Total Investments 2011 2010 Cash and Cash Equivalents $ 4,778,730 $ 6,012,010 U.S. Government and Government Agency Obligations 12,654,720 13,596,497 Corporate Bonds 6,161,465 2,752,524 Equity Securities 2,434,101 1,948,720 Total '$ 26,029,016 24,309,7-57- Investment , 9,75Investment Income is comprised of the following for the years ended December 31,2011 and 2010: 2011 2010 Interest and dividend income $ 801,746 $ 651,217 Realized gains/(Losses) 24,862 100,634 Unrealized gains/(Losses) 335,705 105,395 Total Investment Income 1,162, 3 857,246 Investment expense for the years ended December 31, 2011 and 2010 was$83,435 and$63,438, respectively. - 12- PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATIONS COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2011 AND 2010 (3) PROPERTY AND EQUIPMENT The Components of property and equipment at December 31, 2011 and 2010 were as follows: 2011 2010 Land $ 11,034,275 $ 11,034,275 Land Improvements 11,563,140 11,152,655 Building and Building Improvements 76,280,745 76,279,245 Furniture and Equipment 14,823,593 14,337,771 Construction in Progress 481,874 335,303 Total 114,183,627 113,139,249 Less: Accumulated Depreciation (39,062,111) (34,373,448) Property and Equipment, Net $ 75,121,516 $__ 78,765,801 Depreciation Expense for the years ended December 31,2011 and 2010 was$4,688,661 and $4,546,634, respectively. (4) DEFERRED FINANCING COSTS During the year ended December 31,2010,the Corporation refinanced the Series 2000A Revenue Bonds with new issue Series 2010 Revenue Refunding Bonds. Net deferred finance costs of$712,956 for the series 2000A Bonds were fully amortized to expense in the year ended December 31, 2010. Deferred financing costs at December 31, 2011 and 2010 consisted of the following: 2011 2010 Financing Costs $ 988,029 $ 988,029 Less: Accumulated Amortization (61,807) (4,754) Financing Costs, Net $ 926,222 $ 983,275 Amortization expense for the years ended December 31, 2011 and 2010 was$57,053 and$717,711, respectively. - 13 - PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATIONS COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2011 AND 2010 (5) LONG-TERM DEBT Long term debt at December 31, 2011 and 2010 consisted of the following: 2011 2010 Suffolk County Economic Development Corporation: Revenue Refunding Bonds, Series 2010 Interest payable semi-annually on each June 1 and December 1 at interest rates ranging from 4.5%to 6% The Corporation is required to make annual sinking fund payments ranging from $385,000 in 2011 to $3,950,000 in 2040 to fund the term bonds. $ 29,190,000 $ 29,575,000 Less: Unamortized Bond Discount 376,542) (399,736 Total Suffolk County Revenue Bonds 28,813,458 29,175,264 Less: Amount Due Within One Year410 000 � )_ (385,000) Amount Due After One Year $ 28,403,458 $ 28,790,264 Revenue Refunding Bonds Series 2010 Under the terms of the financing documents,the Corporation has guaranteed payment of all amounts due under the bonds. Additionally,the Corporation grants a mortgage lien on and security interest in its interest in the Company to the Suffolk County Economic Development Corporation,the Issuer of the bonds. The mortgage covers the land on which the Corporation is located,the enriched housing units and the skilled nursing beds. The bonds are subject to certain financial covenants. The Corporation has met all required financial covenants. At the date of bond issuance, the Corporation conveyed title to the Company site to the Agency,which simultaneously reconvened such title to the Corporation subject to the liens and security interest created by the mortgage. The Corporation is obligated to make purchase price installment payments to the bond trustee,as the Agency's assignee, in the amounts which correspond to the principal and interest payments on the bonds. Installment payments for the purchase price of the project and the conveyed property shall continue until December 1,2040 or the earlier date as may be provided in accordance with early termination; however, in no event until the bonds have been paid in full. Continuing Care Retirement Bonds Series 2000A The Series 2010 Revenue Refunding Bonds were issued in December,2010 to refund the outstanding principal amount of the Suffolk County Industrial Development Agency's Continuing Care Retirement Community Fixed Rate Revenue Bonds Series 2000A. As of December 31,2010 all Series 2000A bonds were repaid. - 14- PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATIONS COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS YEARS'ENDED DECEMBER 31,2011 AND 2010 (5) LONG-TERM DEBT (CONTINUED) Principal maturities on long-term debt for the next five years and the total amount due thereafter are as follows: Year Ending December 31, Amount 2012 $ 410,000 2013 430,000 2014 450,000 2015 470,000 2016 490,000 2017-THEREAFTER 26,563,458 TOTAL $ _28,813,458 The Corporation incurred interest expense of$1,756,875 related to the Series 2010 Revenue Refinancing Bonds and$2,981,246, which included$568,500 in prepayment penalty related to the early extinguishment of the Series 2000A Bonds,for the years ended December 31, 2011 and 2010, respectively. (6) REFUNDABLE DEPOSITS AND DEFERRED REVENUE FROM HEALTH CARE RESERVE FEES Prospective residents of the Cooperative execute a subscription agreement and a care agreement. The residents currently pay an initial deposit equal to ten percent of both the health care reserve fee and the Cooperative purchase price of the independent unit selected. The Cooperative purchase price and the health care reserve fee together comprise the entrance fee. The remaining ninety percent of the entrance fee is payable upon occupancy of the unit. The Corporation has executed three different resident agreements since inception. Residents who executed agreements prior to May 24,2000 were eligible for either a Type I or Type II Agreement. Residents who executed Type I Agreements are required to pay a monthly service charge that currently ranges between $192-$401 more than those who executed Type II Agreements,depending on the unit purchased. Residents executing a Type II Agreement are required to pay a remarketing fee equal to six percent of the resale price of the share certificate in lieu of the$10,000 remarketing fee in Type I Agreements. In 2010 the Type II Agreement was amended so incoming residents executing the agreement will pay a remarketing fee of 10% and a$15,000 capital replacement fee at the time of the resale of the unit. Residents have the right to terminate the agreements in writing for any reason within 72 hours of signing. Residents can cancel the agreements for any reason after 72 hours of signing but prior to occupancy upon 30 days of written notice to the Corporation. If the agreements are cancelled after 72 hours but before occupancy,the Corporation will refund the deposit, except for the processing fee and costs specifically requested to be incurred by the resident. Residents who terminate the agreement within 90 days of occupancy will receive a full refund of the health care reserve fee. Residents who terminate the agreement after 90 days of occupancy will receive - 15- PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATIONS COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2011 AND 2010 (6) REFUNDABLE DEPOSITS AND DEFERRED REVENUE FROM HEALTH CARE RESERVE FEES a refund of the health care reserve fee less a four percent fee plus two percent per month of occupancy. No refund is payable after 48 months. When occupancy occurs it is the policy of the Corporation to classify the health care reserve fee as deferred revenue, and the remaining amount as refundable deposits. Options and Upgrades represent approved upgrades at the time of original construction. These improvements are refunded to resident upon resale of their unit. (7)TEMPORARILY RESTRICTED NET ASSETS Temporarily restricted net assets are those whose use by the Corporation has been limited by donors to a specific time period or purpose. Temporarily restricted net assets are available for the following purposes at December 31, 2011 and 2010: 2011 2010 First Responders $ 3,371 $ 3,371 Tool Time 340 340 Team Work 6,439 7,441 Healthcare Center Expansion 392,642 - Other 26,876 26,776 Total $ 429,668 3f$ *} W y928 (8) FAIR VALUE OF FINANCIAL INSTRUMENTS FASB issued SFAS No. 157"Fair Value Measurements" (now covered under ASC 820) in order to establish a single definition of fair value and a framework for measuring fair value in generally accepted accounting principles (GAAP) that is intended to result in increased consistency and comparability in fair value measurements.ASC 820 also expands disclosures about fair value measurements and was originally effective for financial statements issued for fiscal years beginning after November 15,2007,with early adoption permitted. However, in February 2008,the FASB issued Staff Position (FSP) FAS-157-2, "Effective Date of FASB Statement No. 157,"which delayed by one year,the effective date of SFAS No. 157 for all non-financial assets and non-financial liabilities. The Organization adopted the portion of SFAS No. 157 that had not been delayed by FSP FAS-157-2 as of the beginning of 2008. The remaining portion of SFAS No. 157 has been adopted as of 2009. ASC 820 established a single authoritative definition of fair value, sets a framework for measuring fair value and requires additional disclosures about fair value measurement. Financial assets valued using Level 1 inputs are based on unadjusted quoted market prices for identical assets and liabilities within active markets. Financial assets valued using Level 2 inputs are based primarily on quoted prices for similar assets in active or inactive markets. - 16 - PECONIC:vLANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATIONS COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION,INC. NOTES-TO,CONSOLIDATED:FINANCIAL STATEMENTS 'YEARS ENDED DECEMBER 31,2011 AND 2010 (8) FAIR VALUE OF FINANCIAL INSTRUMENTS (CONTINUED) The following methods and assumptions were used by the Corporation to estimate the fair value of each class of financial instrument for which it is practical to estimate that value: Cash and cash equivalents: The carrying amount reported in the balance sheet for cash and cash equivalents approximates its fair value due to the short-term nature of these instruments. Investments:These assets consist primarily of equity securities and mutual funds with readily determinable fair values and are carried at fair value based on quoted prices in active markets (Level 1 measurements). Assets limited as to use:These assets consist primarily of cash equivalents and debt securities with readily determinable fair values and are reported in the balance sheet at fair value based on quoted prices in active markets (All Level I measurements). Long-term debt: Fair values of the Corporation's long-term debt are based on current traded value(Level 2 measurements). The carrying amounts and fair values of the Corporation's financial instruments at December 31,2011 and 2010 were as follows: 2011 2010 Carrying Carrying Level Amount Fair Value Amount Fair Value Cash and Cash Equivalents 1 $ 1,710,000 $ 1,710,000 $ 2,410,000 $ 2,410,000 Investments 1 $ 5,380,000 $ 5,380,000 $ 4,850,000 $ 4,850,000 Assets Limited as to Use 1 $ 10,000,000 $ 10,000,000 $ 9,000,000 $ 9,000,000 Resident Deposits and Escrows 1 $ 11,000,000 $ 11,000,000 $ 10,000,000 $ 10,000,000 Long-Term Debt 2 $ 29,000,000 $ 29,000,000 $ 29,000,000 $ 29,000,000 (9)CONCENTRATIONS OF CREDIT RISK The Corporation maintains its cash accounts at commercial banks. The cash balances in each bank are insured by the FDIC up to$250,000. The funds on deposit in brokerage accounts are insured by the SPIC up to$500,000. The concentration of credit risk varies with the funds held in the account and fluctuates based on available balances during the year. The concentration is managed by maintaining all deposits in a high quality financial institution. (10) LEASES On November 28, 2000,the Company and the Cooperative entered into a lease agreement. Under the terms of the lease,the Company agreed to lease a portion of its real property to the Cooperative. In addition, the lease specifies that the Company agrees to construct and furnish on the real property certain buildings, improvements and furnishings and to transfer title to these specified residential improvements - 17- PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATIONS COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION,INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2011 AND 2010 (10) LEASES(CONTINUED) for and in consideration of all authorized and un-issued shares of the Cooperative. Pursuant to the terms of the executed lease, the Company owns the land, the community center, and the health care center and the Cooperative owns the specified residential improvements. The lease provides that the Cooperative must use the property only for the purpose of providing housing to members who enter into care agreements with the Company. The Cooperative does not have the right to remove the residential improvements without the Company's prior written consent. The lease may only be terminated with the approval of the New York State Continuing Care Retirement Community Council,or its successor state agency. In the event of default under the lease agreement,the residential improvements vest with the Company. The lease term is 99 years. The annual rent for the initial ten year period of the lease is computed on the basis of$225 per month per occupied residential unit, not to exceed an annual rent of$675,000 in any calendar year during this period. Subsequent to the initial ten year period,the Company has the option to adjust the base rent to ten percent of the appraised value of the land. Rent payments under the lease agreements for the years ended December 31, 2011 and 2010 were$645,075 and$651,150, respectively. (111) INTEREST ON RESALE OF UNITS Cooperative shares are issued to residents by the Company pursuant to the execution of both a care agreement with the Company and a proprietary lease with the Cooperative. When a unit is vacated and a qualified purchaser has been identified,the Company pays the exiting member the lower of: 1) the price paid by the new member for the unit less six percent remarketing fee, or 2)the sum of the purchase price at which the transferring member originally purchased the certificate,adjusted by inflation as defined, plus the cost of approved improvements, less a six percent remarketing fee. In the event that no qualified purchaser is identified within one year,the Company is obligated to pay the exiting member the lower of 1)the most recent purchase price paid for a cooperative unit of the same type plus approved improvements, less a six percent remarketing fee or 2)the purchase price at which the member originally purchased the certificate, plus the cost of approved improvements, less a six percent remarketing fee. The Company's contractual obligation with Cooperative residents specifies that the Company has an obligation to repurchase the property in the event that a qualified buyer cannot be identified. The transaction is accounted for as a financing transaction and the excess or deficit paid upon the resale of the unit is classified as interest expense or interest income on the statement of operations of the Company at the time of the transaction. In substance, the Company is loaned money by the purchaser which they are subsequently obligated to repurchase if another purchaser cannot be found within one year. Thus any payment to the seller in excess of the seller's original investment has the characteristics of interest expense similar to other financing arrangements. For the years ended December 31,2011 and 2010, interest expense recognized on the resale of the units was$889,540 and$1,054,620, respectively. - 18 - PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATIONS COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2011 AND 2010 (13) EMPLOYEE SAVINGS PLAN The Company is a 501(c)(3) non-profit corporation and offers a voluntary tax sheltered annuity(TSA) retirement program to all employees over 21 years of age, as specified under Internal Revenue Code 403(b). Each participant who satisfies the requirements shall be entitled to receive an allocation of employer matching contributions for each plan year equal to the lesser of(A) 60%of their salary reduction contributions deferred during that plan year while they satisfied the participation requirement for employer matching contributions, or (B) 4% of their compensation received during that plan year while they satisfied the participation requirements for employer matching contributions. Employer matching contributions for the years ended December 31, 2011 and 2010 were $116,248 and$108,846 respectively. (14)ADVERTISING COSTS The Company uses advertising to promote its programs among the community it serves. Advertising costs are expensed as incurred. Advertising expense for the years ended December 31,2011 and 2010 was$92,180 and$66,141, respectively. (15) DEVELOPMENT AGREEMENT In December,2011 the Company entered into a development consultant agreement with Greenbrier Development, LLC. The development company is to provide certain planning and development consulting services in connection with the Company's planned expansion of the CCRC. As compensation for the developmental consulting services,Greenbrier shall receive a fee(Development Fee) of 3% of the total project costs included in the final project budget($36 million at time of issuance). The Development Fee will be paid to Greenbrier by the Corporation at; (1) $25,000 per month during the initial eighteen month period beginning January 1, 2012; (2) upon closing of financing of the project an amount equal to 50% of the Development Fee less fees paid to date; (3)$25,000 per month during the construction period and; (3) upon obtaining a Certificate of Occupancy 100% of the Development Fee less fees paid to date. In addition to the Development Fee, out-of-pocket costs which are directly attributable to the planning and development services for the CCRC shall be reimbursed by the Company to Greenbrier. Reimbursable costs shall include; (1) all reasonable out-of-pocket travel expenses for personnel employed by Greenbrier; (2) an amount equal to 3.5% of the development payments made from commencement of the consulting services through the date of completion of consulting services to reimburse Greenbrier for miscellaneous office expenses; and (3) all cost and expenses incurred by Greenbrier in connection to any subpoena to provide witnesses or document production in connection with any litigation between the Company and any third party, which the litigation did not result from actions or omissions of Greenbrier. - 19 - PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATIONS COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31,2011 AND 2010 (16) COMMITMENTS AND CONTINGENCIES The Corporation is subject to legal proceedings and claims that arise in the course of providing health care services. The Corporation maintains malpractice insurance coverage for claims made during the policy year. Management has determined that no provision is required for amounts expected to be paid under the policy's deductible limits for unasserted claims not covered by the policy and any other uninsured liability. The health care industry is subject to numerous laws and regulations of federal, state, and local governments. These laws and regulations include, but are not necessarily limited to, matters such as licensure,accreditation, and government health care program participation requirements, reimbursement for patient services,and Medicare and Medicaid fraud and abuse. (17) FUTURE OPERATIONS AND LIQUIDITY As of December 31,2011,the Company had a net deficit of$43,846,946 and refundable entrance fees of $104,091,191. While not amortized to income, refundable entrance fee deposits act as a component of the Company's permanent capitalization,as refunds to current residents are normally funded by entrance fee deposits of new residents entering the community. - 20 - PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATION COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. SUPPLEMENTARY INFORMATION YEARS ENDED DECEMBER 31,2011 AND 2010 HMM HORAN, MARTELLO, MORRONE, P.C. CERTIFIED PUBLIC ACCOUNTANTS PARTNERS PARTNERS DANIEL M. HORAN (1938-2005) WAYNE I. ROBINSON JOSEPH F. MARTELLO SUZANNE BREIT ANTHONY L. MORRONE DOROTHEA A. Russo INDEPENDENT AUDITORS' REPORT ON SUPPLEMENTARY INFORMATION To the Board of Trustees of Peconic Landing at Southold, Inc., Peconic Landing Housing Association Cooperative, Inc. and Brecknock Hall Foundation, Inc. Greenport, New York Our report on our audit of the basic consolidated financial statements of Peconic Landing at Southold, Inc., Peconic Landing Housing Association Cooperative, Inc.and Brecknock Hall Foundation, Inc.for the years ended December 31, 2011 and 2010 appears on Page 1. Our audit was conducted for the purpose of forming an opinion on such consolidated financial statements taken as a whole. The accompanying supplementary information on the following pages is presented for purposes of additional analysis and is not a required part of the basic consolidated financial statements. Such information has been subjected to the auditing procedures applied in the audit of the consolidated financial statements and, in our opinion, is fairly stated in all material respects in relation to the consolidated financial statements taken as a whole. 1, tA4 W CERTIFIED PUBLIC ACCOUNTANTS Hauppauge, New York April 12, 2012 527 Townline Road—Suite 203,Hauppauge,NY 117881 Telephone: (631) 265-6289 1 Fax: (631) 265-6523 www.horanmm.com I Email: general@horanmm.com PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATION COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. CONSOLIDATING STATEMENTS OF FINANCIAL POSITION December 31, 2011 ASSETS BRECKNOCK HALL CORPORATION FOUNDATION, INC. ELIMINATIONS CONSOLIDATED CURRENT ASSETS Cash and Cash Equivalents $ 1,591,436 $ 119,658 $ - $ 1,711,094 Short-Term Investments 5,375,065 5,375,065 Accounts Receivable, Net of Allowance for Doubtful Accounts of$50,000 in 2011 and $50,000 in 2010 991,816 - 991,816 Current Portion of Assets Limited as to Use 163,247 - - 163,247 Prepaid Expenses and Other Current Assets 1,494,174 - - 1,494,174 Inventory 41,372 - 41.,372 Total Current Assets 9,657,110 119,658 - 9,776,768 ASSETS LIMITED AS TO USE Indenture and Trust Agreements 8,308,519 - - 8,308,519 Board Designated Accounts 969,575 - - 969,575 Donor-Restricted 467,857 - 467,857 Due from related parties 549,771 - (549,771) -. Accrued Interest Receivable 170,178 - 170,178 Total 10,465,900 (549,771) 9,916,129 Less: Amounts Required for Current Liabilities (163,247) (163,247) Total Assets Limited as to Use 10,302,653 - (549,771) 9,752,882 RESIDENT DEPOSITS AND ESCROWS 10;737,822 - - 10,737,822 PROPERTY AND EQUIPMENT, NET 74,844,639 276,877 = 75,121,516 OTHER ASSETS Deferred Financing Costs, Net 926,222 - - 926,222 Deferred Marketing Costs, Net 1,299,094 - 1,299,094 Total Other Assets 2,225,316 -- = 2,225,316 TOTAL ASSETS $ 107,767,540 $ 396,535 $ (549,771) $ 107,614,304 See Independent Auditors' Report on Supplementary Information. -2 - PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATION COOPERATIVE, INC. AND PECONIC LANDING FOUNDATION, INC. CONSOLIDATING STATEMENTS OF FINANCIAL POSITION December 31,2011 LIABILITIES AND NET ASSETS (DEFICIT) BRECKNOCK HALL CORPORATION FOUNDATION, INC. ELIMINATIONS CONSOLIDATED CURRENT LIABILITIES Accounts Payable and Accrued Expenses $ 2,359,139 $ $ - $ 2,359,139 Long-term Debt-Current Portion 410,000 - - 410,000 Accrued Interest Payable 140,255 - - 140,255 Total Current Liabilities 2,909,394 - 2,909,394 OTHER LIABILITIES Resident Deposits and Escrow Payable 10,243,446 10,243,446 Refundable Deposits 104,091,191 - - 104,091,191 Due to related parties 549,771 (549,771) - Deferred Revenue from Health Care Reserve Fees 4,414,804 - 4,414,804 Options and Upgrade Liability 1,398,955 - 1,398,955 Long-Term Debt, Less Current Portion 28,403,458 - - 28,403,458 Total Other Liabilities 148,551,854 549,771 (549,771) 148,551,854 Total Liabilities 151,461,248 549;771 (549,771) 151,461,248 NET ASSETS (DEFICIT) Unrestricted (44,123,376) (153,236) - (44,276,612) Temporarily Restricted 429,668 - 429,668 Total Net Assets(Deficit) (43,693,708) (153,236) - (43;846,944) Total Liabilities and Net Assets (Deficit) $ 107,767,540 $ 396,535 $ (549,771) $ 107,614,304 See Independent Auditors' Report on Supplementary Information. -3- PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATION COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. CONSOLIDATING STATEMENTS OF OPERATIONS AND CHANGES IN NET ASSETS (DEFICIT) YEAR ENDED DECEMBER 31,2011 BRECKNOCK HALL CORPORATION FOUNDATION,INC. ELIMINATIONS CONSOLIDATED REVENUES,GAINS,AND OTHER SUPPORT Resident Services $ 15,399,079 $ - $ - $ 15,399,079 Health Care Services 3,859,285 - 3,859,285 Remarketing Fee Revenue 567,904 - - 567,904 Investment Income 826,457 151 - 826,608 Contributions - (Unrestricted) 51,749 - - 51,749 Net Assets Released from Restrictions 354,911 1,732 356,643 Other 541,351 73,363 - 614,714 Total Revenues, Gains, and Other Support 21,600,736 75,246 - 21,675,982 OPERATING EXPENSES Health Care 4,500,028 - - 4,500,028 Dietary 3,157,129 - - 3,157,129 Administration and General 5,263,965 67,366 - 5,331,331 Maintenance and Security 3,031,746 42,750 3,074,496 Housekeeping and Laundry 790,567 - 790,567 Depreciation and Amortization 4,981,894 84,962 - 5,066,856 Interest 1,792,535 - - 1,792,535 Interest on Resale of Units 889,540 - 889,540 Net Assets Released from Restrictions 354,911 1;732 356,643 Total Operating Expenses 24,762,315 196,810 - 24,959,125 OPERATING LOSS (3,161,579) (121,564) (3,283,143) See Independent Auditors'Report on Supplementary Information. -4- PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATION COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. CONSOLIDATING STATEMENTS OF-OPERATIONS:AND CHANGES IN NET ASSETS (DEFICIT) YEAR ENDED DECEMBER 31,2011 BRECKNOCK HALL CORPORATION FOUNDATION,INC. ELIMINATIONS CONSOLIDATED NONOPERATING REVENUES,GAINS,AND OTHER SUPPORT Unrealized Gains/(Losses) on Investments 335,705 - - 335,705 Contributions- (Temporarily Restricted) 746,651 3,700 750,351 Gain/(Loss) on Early Extinguishment of Debt (6,250) - (6,250) CHANGE IN NET ASSETS/(DEFICIT) (2,485,473) (117,864) (2,203,337) Net Assets (Deficit) - Beginning of Year (41,608,235) (35,372) - (41,643,607) NET ASSETS(DEFICIT)-END OF YEAR $ (48,693,72L $ 153,236) $ $ (43,846,944) See Independent Auditors' Report on Supplementary Information. -5- PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATION COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. SUPPLEMENTARY INFORMATION YEARS ENDED DECEMBER 31,2011 AND 2010 HMM HORAN, MARTELLO, MORRONE, P.C. CERTIFIED PUBLIC ACCOUNTANTS PARTNERS PARTNERS DANIEL M. HORAN (1938-2005) WAYNE 1. ROBINSON JOSEPH F. MARTELLO SUZANNE BREIT ANTHONY L. MORRONE DOROTHEA A. Russo INDEPENDENT AUDITORS' REPORT ON SUPPLEMENTARY INFORMATION To the Board of Trustees of Peconic Landing at Southold, Inc., Peconic Landing Housing Association Cooperative, Inc.and Brecknock Hall Foundation, Inc. Greenport, New York Our report on our audit of the basic consolidated financial statements of Peconic Landing at Southold, Inc., Peconic Landing Housing Association Cooperative, Inc.and Brecknock Hall Foundation, Inc.for the years ended December 31,2011 and 2010 appears on Page 1. Our audit was conducted for the purpose of forming an opinion on such consolidated financial statements taken as a whole.The accompanying supplementary information on the following pages is presented for purposes of additional analysis and is not a required part of the basic consolidated financial statements.Such information has been subjected to the auditing procedures applied in the audit of the consolidated financial statements and, in our opinion, is fairly stated in all material respects in relation to the consolidated financial statements taken as a whole. �� � LVvI v►tJ � C.'./ CERTIFIED PUBLIC ACCOUNTANTS Hauppauge, New York April 12, 2012 527 Townline Road—Suite 203,Hauppauge,NY 117881 Telephone: (631) 265-6289 I Fax: (631)265-6523 www.horanmm.com I Email: general@horanmm.com PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATION COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. CONSOLIDATING STATEMENTS OF FINANCIAL POSITION. December 31,2011 ASSETS BRECKNOCK HALL CORPORATION FOUNDATION, INC. ELIMINATIONS CONSOLIDATED CURRENT ASSETS Cash and Cash Equivalents $ 1,591,436 $ 119,658 $ - $ 1,711,094 Short-Term Investments 5,375,065 5,375,065 Accounts Receivable, Net of Allowance for Doubtful Accounts of$50,000 in 2011 and $50,000 in 2010 991,816 - - 991,816 Current Portion of Assets Limited as to Use 163,247 - - 163,247 Prepaid Expenses and Other Current Assets 1,494,174 - - 1,494,174 Inventory 41,372 - 41,372 Total Current Assets 9,657,110 119,658 - 9,776,768 ASSETS LIMITED AS TO USE Indenture and Trust Agreements 8,308,519 - - 8,308,519 Board Designated Accounts 969,575 - 969,575 Donor-Restricted 467,857 - - 467,857 Due from related parties 549,771 (549,771) - Accrued Interest Receivable 170,178 - - 170,178 Total 10,465,900 (549,771) 9,916,129 Less: Amounts Required for Current Liabilities (163,247) - (163,247) Total Assets Limited as to Use 10,302,653 (549,771) 9,752,882 RESIDENT DEPOSITS AND ESCROWS 10,737,822 - - 10,737,822 PROPERTY AND EQUIPMENT, NET 74,844,639 276,877 75,121,516 OTHER ASSETS Deferred Financing Costs, Net 926,222 - - 926,222 Deferred Marketing Costs, Net 1,299,094 - - 1,299,094 Total Other Assets 2,225,316 - - 2.,225,316 TOTAL ASSETS $ 107,767,540 $ 396,535 $ (549,771) $ 107,614,304 See Independent Auditors' Report on Supplementary Information. -2 - PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATION COOPERATIVE, INC. AND PECONIC LANDING FOUNDATION, INC. CONSOLIDATING STATEMENTS OF FINANCIAL POSITION December 31,2011 LIABILITIES AND NET ASSETS (DEFICIT) BRECKNOCK HALL CORPORATION FOUNDATION, INC. ELIMINATIONS CONSOLIDATED CURRENT LIABILITIES Accounts Payable and Accrued Expenses $ 2,359,139 $ - $ $ 2,359,139 Long-term Debt-Current Portion 410,000 _ 410,000 Accrued Interest Payable 140,255 - 140,255 Total Current Liabilities 2,909,394 2,909,394. OTHER LIABILITIES Resident Deposits and Escrow Payable 10,243,446 - 10,243,446 Refundable Deposits 104,091,191 - 104,091,191 Due to related parties 549,771 (549,771) Deferred Revenue from Health Care Reserve Fees 4,414,804 - 4,414,804 Options and Upgrade Liability 1,398,955 - 1,398,955 Long-Term Debt, Less Current Portion 28,403,458 - - 28,403,458 Total Other Liabilities 148,551,854 549,771 (549,771) 148,551,854 Total Liabilities 151;461,248 549,771 (549;771) 151,461,248 NET ASSETS (DEFICIT) Unrestricted (44,123,376) (153,236) - (44,276,612) Temporarily Restricted 429,668 - - 429,668 Total Net Assets(Deficit) (43,693,708) (153,236) - (43,846;944) Total Liabilities and Net Assets (Deficit) $ 107,767,540 $ 396,535 $ (549,771) $ 107,614,304 See Independent Auditors' Report on Supplementary Information.. 3- I PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATION COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. CONSOLIDATING STATEMENTS OF OPERATIONS AND CHANGES IN NET ASSETS(DEFICIT) YEAR ENDED DECEMBER 31,2011 BRECKNOCK HALL CORPORATION FOUNDATION,INC. ELIMINATIONS CONSOLIDATED REVENUES, GAINS,AND OTHER SUPPORT Resident Services $ 15,399,079 $ - $ $ 15,399,079 Health Care Services 3,859,285 - - 3,859,285 Remarketing Fee Revenue 567,904 - - 567,904 Investment Income 826,457 151 - 826,608 Contributions - (Unrestricted) 51,749 - - 51,749 Net Assets Released from Restrictions 354,911 1,732 - 356,643 Other 541,351 73,363 - 614,714 Total Revenues, Gains, and Other Support 21,600,736 75,246 - 21,675,982 OPERATING EXPENSES Health Care 4,500,028 - - 4,500,028 Dietary 3,157,129 - - 3,157,129 Administration and General 5,263,965 67,366 - 5,331,331 Maintenance and Security 3,031,746 42,750 3,074,496 Housekeeping and Laundry 790,567 - - 790,567 Depreciation and Amortization 4,981,894 84,962 - 5,066,856 Interest 1,792,535 - 1,792,535 Interest on Resale of Units 889,540 - 889,540 Net Assets Released from Restrictions 354,911 1,732 356,643 Total Operating Expenses 24,762,315 196,810 - 24,959,125 OPERATING LOSS (3,161,579) (121,564) - (3,283,143) See Independent Auditors' Report on Supplementary Information, -4- PECONIC LANDING AT SOUTHOLD, INC., PECONIC LANDING HOUSING ASSOCIATION COOPERATIVE, INC. AND BRECKNOCK HALL FOUNDATION, INC. CONSOLIDATING STATEMENTS OFOPERATIONSAND CHANGES IN NET ASSETS (DEFICIT) YEAR ENDED DECEMBER 31,2011 BRECKNOCK HALL CORPORATION FOUNDATION,INC. ELIMINATIONS CONSOLIDATED NONOPERATING REVENUES,GAINS,AND OTHER SUPPORT Unrealized Gains/(Losses) on Investments 335,705 - - 335,705 Contributions- (Temporarily Restricted) 746,651 3,700 750,351 Gain/(Loss) on Early Extinguishment of Debt (6,250) - (6,250) CHANGE IN NET ASSETS/(DEFICIT) (2,'85,473) (117,864) - (2,203,337) Net Assets (Deficit) - Beginning of Year (41;608,235) (35,372)_ (41,643,607) NET ASSETS(DEFICIT)-END OF YEAR $ (43 693,70)$) $ (153,236) $ - $ (43;846,944) See Independent Auditors' Report on Supplementary Information. -5- .'r l;'Pjiv -ull RESTATED V •" • '1� L Y: f CERTIFICATE OF INCORPORATION ., Q i cam; Q OF i LU L �*&j HAMPTON COURT AT- WATER- MILL, INC. Dated : October 24, 1996 � Q f l.. Prepared by . « , : 0 1,. CHARLES R. CUDDY, ESQ. �b Attorney at Law r 445 Griffing Avenue Riverhead , New York 11901 P70.42100 0 ?f7 RESTATED CSC CERTIFICATE OF INCORPORA'T'ION OF HAMPTON COURT AT WATER' MILL,' INC. UNDER SECTION 805 OF THE NOT-FOR-PROFIT CORPORATION LAW The undersigned, acting as the President and Secretary of the Corporation described herein, for the purpose of Restating the Certificate of Incorporation of a not-for-profit corporation pursuant to Section 805 of the New York Not-for-Profit Corporation Law do hereby certify and adopt the following Restated Certificate of Incorporation for such Corporation: NAME & RESTATEMENT (A) • The name of the Corporation is Hampton Court at Water Mill, Inc. (the "Corporation") ; this is the name under which• the Corporation was formed. (S)• The Certificate of Incorporation was filed by the. Department of State on December 30, 1994 . (C) :This Restated Certificate of Incorporation amends -the Certificate of Incorporation •to effect changes in the FIRST section to change the name of the Corporation; .in the THIRD . section to further restrict the purpose or purposes for which the Corporation is 'formed; and in the EIGHTH sectiorC to change the address tv which the Secretary of State shall mail a copy of any process against the corporation served upon the Secretary.. The full text of these provisions is set forth herein. This Restated Certificate of incorporation also amends the Certificate of Incorporation by deleting the TENTH section setting forth the initial Board of Trustees and by adding new Sections TENTH, restricting the distributions of the Corporationfs net earnings; ELEVENTH, restricting the ability of the Corporation to engage in lobbying and political activity; TWELFTH, restricting the power of the Corporation to carry on certain other activity; and THIRTEENTH, providing for the distribution of assets upon the dissolution of the corporation. (D) This Restatement of. the Certificate of Incorporation and the amendments affected-hereby were authorized by vote of a majority of the entire board of the Corporation, there being no Members. . (E) The certificate of incorporation is restated in its entirety as follows: FIRST: The name of the corporation is Peconic Landing at Southold, Inc. (the "Corporation") _ SECOND: The Corporation is a corporation as defined in subparagraph (a) (5) of Section 102 of the Not-for-Profit corporation Law. THIRD: The Corporation is formed and shall be operated exclusively for charitable purposes within the meaning of section 501 (c) (3) of the Internal Revenue Code -of 1986, more specifically as follows: A. To establish and operate •a Life Care Community and to enter into Life care Contracts pertaining to such community pursuant to Article 46 of the Public Health Law of the State of New York. B. To own, acquire, build, operate and maintain land and facilities for Life Care Community. C. To make and perform any contracts and do any acts and, * things, - and exercise any powers suitable, convenient, proper'. or 'incidental for the accomplishment of any objectives enumerated herein and in the By-Laws of the Corporation but not for the pecuniary profit or financial gain of its members, trustees or officers except as permitted under the Nat-far-Profit Corporation Law. D. The corporation, in furtherance of its corporate purposes above set forth, shall have the powers enumerated in Section 202 of the Not-for-Profit Corporation Law, subject to any limitations provided in the Not-for-Profit Corporation Law or any other statute of the State of New York. FOURTH: The Corporation shall be a Type B corporation pursuant to Section 201 of the Not-for-Profit corporation Law. FIFTH: This Certificate may be amended pursuant to the provisions of the Not-for-Profit Corporation Law. SEVENTH: The office-of the Corporation will be located in the County of Suffolk, New York. EIGHTH: The Secretary of 'State is designated as -agent of the Corporation upon whom process against it .may be served. The post office address to which the Secretary of state shall mail a copy of any process against the corporation served upon the Secretary is c/o Charles R. Cuddy, Esq. , 445. Griff ing Avenue, P.O. Box 1547, Riverhead, NY 11901. NINTH: No approvals .or consents are required to be attached to this Certificate of Incorporation. TENTH: No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its members, trustees, officers or other individuals. ELEVENTH: No substantial part of the activities of the. %Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of (or in opposition to) any candidate for public office. TWELFTH: Notwithstanding any other provision of this certificate, the Corporation shall not carry on any other activities not permitted to be carried on (a) by .a corporation exempt from Federal income tax under section. 501(c) (3) •of the Internal' Revenue Code, or corresponding section of any future Federal tax code, or (b) by a corporation, contributions to which are deductible under section 170 (c) (2) of the Internal Revenue Code, or corresponding section of any future Federal tax code. THIRTEENTH: Upon the dissolution of the corporation, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c) (3) of the Internal Revenue Code, or corresponding section of any future Federal tax code, or shall be distributed to the Federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of- by the: Court 'of the county in which the principal office of the Corporation is then located, exclusively for such purposes or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purposes. THE UNDERSIGNED HAS NO OBJECTION TO THE GRANTING OF JUDICIAL AppRbVAL HEREON AND WAIVES STATUTORY NOTICE MIMS C.VACCO, ATTO GEN ST TE OF YORK ALAN D. OvUR11N C - 3 yv IN 'FITNESS WHEREOF, we have signed this Restated Certificate of Incorporation on the ' 24th day of October , 1998 and we affirm the statements contained therein as true under penalties of perjury. r ity William G. Thompson, President Thomas 9. Aoolan, Secretary State of New York ss: Department of State y hemby ,cer4& that the air wxed copy has been compared with the original document in rhe custody of the Secretary of Stale and that the seen is a true copy of said original. Witness aty bund and seal of the Department of State on AR 2 41997 los••'0 NE�•;••. • aT • i � � v • • 1 • L o �W% Special Deputy Secretary of State AOS-3266(5196) -..'-..•• . 09/12/2807 11:17 8523203 LEGISLATOR ROMAINE PAGE 10 Ofi.'• -1/2001 0,50 'FAIT 631. 477 39U0 PFCOFIC L.0DING '? AT• F:SVMTE SgT.V"_'CE DEPARTMENT OF THE TREASURY 2308 :.IiSCY1�1DtA Oil 4521.1 ry�y Employer Identification Numbor; ,Date: FEB 0 6 2004 13-3277669 DLD1: 1,b5333.3-:35073 PrC:cNv: ' I.`ANDI146 AT .60iT'4'HOLs INC Cor.tact person: 1500 LkAn'trifOCKR03=D JETFERY L 3= 1r)# 31388 MEEMRT, NY 1194e-3-17 Car.taet Telephone Number: k67r) 629-5500 Pusli(c Charity Statue; Dew pppLica,nt; Our letee-r dated JXNIU .ftY 20, 1999, stat0! you Would be exXmpt from Federal income, tax under seetickn 501(C) (3) of t1A Internal levenue Code, and you would _„- be treateea. as a public charity daring at advance n►ling period. Based cn our recotdo and on the information you submitted, we are pleased to confix-ok that you are eumpt under ®ectiOn 501(c) (3) of*the Code, and you are classifled as a public charity under the Code section listed in the heading of this litter. 55'7, Tax.-Exempt; Statue f*r Ycur Organization, provides detailed . r .aabout your rights and responsibill tiest as an exempt organization. You may request a copy by callzeuy the tcll-free awber for fovmz, 000) 023-3576. Infornatipn is ,aloo availuble on our Internet Web Site at www.irs.gov. It you have general qme-stions about exangpt otgMizstiong, please Call our toll-free number shown in the heading between e:00 a.m. - 6:30 p.m. Eastern tithe. P19ase keep this lattex• in your ]pazmanant reeord.s. sinaexaly yours, CUR 7nin t'9t zaer `' 'IviYactcr, tnempt Oxgamia1aci•aft8 Rula.ags ant Agreements Letter 1050 (DO/CG) Southold Local Development Corporation Vendor Code 003417 1 oiceN p , C8 ow , App Fee 08/14/2014 7,500.00 0.00 0.00 7,500.00 i 08/14/2014 0000074345 OMMI 7,500.00 0.00 0.001 7,500.00 'econic Landing at Southold,Inc.-Peconic Landing at Southold,Inc.-Peconic Landing at Southold,Inc.-Peconic Landing at Southold,Inc.-Peconic Landing at Southold,Inc.-Peconic Landing at Southold,Inc.-F - _ ti "000000 ?434 Sill 1:021406 6 r3 ?i: 080000941 ?uo APPLICANT CERTIFICATION 'ee_CCAic i-a n �A _ ck� S000)1� Applicant") requests that this Application, including financial data submitted herewith, be submitted fdr review by the members of the Southold Local Development Corporation (the "Agency"). Applicant hereby certifies that the information contained herein and in the attachments hereto, are, to the best of Applicant's knowledge and belief, accurate, true and correct. Applicant understands that any intentional misstatements or misleading information contained herein, or the omission of relevant information, could be cause for rescission of Agency approval and Agency benefits. Further, Applicant fully understands and accepts the fees associated with the Agency program, including but not limited to the Agency Administrative Fee; and Applicant acknowledges receipt from the Agency of the Agency's "General Information"and review of the information set forth therein. Applicant hereby acknowledges and agrees that it shall be, and is responsible for, and shall promptly pay all costs incurred by the Agency, including the fees and expenses of its counsel, in connection with document negotiations, closing and,where applicable, bond issuance and sale, whether or not closing occurs and whether or not bond issuance and sale occur in applicable irfstances.Applicant's obligations hereunder are absolute and shall in no event be contingent upon closing. Applicant understands that the Agency may be requested to disclose the information contained in this Application and the attachments hereto, under applicable disclosure laws, or at the request of investigative law enforcement or other governmental bodies. Applicant authorizes, on behalf of itself and all other persons providing information for this Application, the Agency to disclose any such information, under such law or where so requested.Applicant also authorizes the Agency at its discretion to transmit this Application, including any financial data submitted herewith, to the Agency's counsel. Applicant acknowledges and agrees that the Agency reserves the right to require Applicant to submit, at Applicant's sole expense, such other documentation as the Agency may require in addition to the documentation required hereunder, and that all such documentation, whether requested hereunder or hereafter, shall be provided at Applicant's sole cost and expenses, and shall be in form and substance satisfactory to the Agency. By submitting this Application, Applicant agrees that if the Agency provides financial assistance for the project, Applicant will comply with all applicable laws relating to projects for which the Agency provides financial assistance. Enclosed with this Application is the Application Fee in the amount of $7,500.00. The Application Fee is non- refundable, but will be credited towards the Agency transaction fee payable by the Applicant at financial closing. R j Signature of Authorized Date: Officer of Applicant: Name: Qs2�,- Fi 1Title: aa; G i . I-8 Date Received 2357062.3 038145 FRMS APPENDIX A SHORT ENVIRONMENTAL ASSESSMENT FORM Instructions: All applicants to the Southold Local Development Corporation must complete Project Information, Part I. PART I—PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT/SPONSOR 2. PROJECT NAME Peconic Landing at Southold, Inc. Health Care Center Expansion 3. PROJECT LOCATION: Town of Southold Suffolk County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks,etc.,or provide map) 1500 Brecknock Road, Greenport, NY 11944 5. IS PROPOSED ACTION: ❑ New X Expansion ❑ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: The proposed project is an expansion of Peconic Landing's existing Health Care Center,which will include 16 new memory care units and 16 skilled nursing beds plus additional commons,administrative and support spaces. 7.AMOUNT OF LAND AFFECTED: Initially 2.64 acres Ultimately 2.64 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? X Yes ❑ No If No, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?(Choose as many as apply.) X Residential ❑ Industrial❑Commercial❑Agriculture❑ Park/Forest/Open Space X Other(describe) A vineyard,golf course and cemetery surround the project site. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? X Yes ❑ No If Yes, list agency name and permit/approval: Department of Health, Department of Financial Services and Village of Greenport Town,County of Suffolk and State of New York approval. SEE ADDENDUM 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? X Yes ❑ No If Yes, list agency name and permit/approval: SEE ADDENDUM 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes X No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Peccwtc- Lkd.� 00 / 8// V Applicant/Sponsor Nam Date Signat e Note: If the action is a astal Area and you are a State agency, complete the Coastal Assessment Form first. APPENDIX A 2357062.3 038145 FRMS PART II—IMPACT ASSESSMENT(To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR, PART 617.4?If Yes,coordinate the review process and use the FULL EAF. ❑Yes ❑ No B.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6?If No,a negative declaration may be superseded by another involved agency. ❑Yes [:] No C.COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality,surface or groundwater quality or quantity, noise levels,existing traffic patterns,solid waste production or disposal, potential for erosion,drainage or flooding problems?Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats, or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Long term, short term,cumulative,or other effects not identified in C1-05?Explain briefly: C7. Other impacts(including changes in use of either quantity or type of energy)?Explain briefly: D.WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? ❑Yes ❑ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes [:] No If Yes, explain briefly: PART III—DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each event should be assessed in connection with its(a) setting (i.e. urban or rural); (b) probability of occurring; (c)duration; (d) irreversibility; (e)geographic scope; and(f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked Yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. 2357062.3 038145 FRMS ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments, as necessary, the reasons supporting this determination. Name of Lead Agency Date Print or type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) 2357062.3 038145 FRMS