F INANCIAL S TATEMENTS, R EQUIRED S UPPLEMENTARY I NFORMATION AND S UPPLEMENTARY I NFORMATION

Transcription

1 F INANCIAL S TATEMENTS, R EQUIRED S UPPLEMENTARY I NFORMATION AND S UPPLEMENTARY I NFORMATION New York City Economic Development Corporation Years Ended June 30, 2011 and 2010 With Report of Independent Auditors Ernst & Young LLP

2 Financial Statements, Required Supplementary Information and Supplementary Information Years Ended June 30, 2011 and 2010 Contents Report of Independent Auditors...1 Management s Discussion and Analysis...3 Financial Statements Balance Sheets...9 Statements of Revenues, Expenses and Changes in Fund Net Assets...10 Statements of Cash Flows...11 Notes to Financial Statements...13 Required Supplementary Information Schedule of Funding Progress for the Retiree Health Care Plan...36 Supplementary Information Combining Statements of Revenues, Expenses and Changes in Fund Net Assets...37 Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance With Government Auditing Standards...38 Schedule of Findings and Responses...40

3 Ernst & Young LLP 5 Times Square New York, NY Tel: Fax: Report of Independent Auditors The Board of Directors New York City Economic Development Corporation We have audited the accompanying balance sheets of New York City Economic Development Corporation ( NYCEDC ), a component unit of The City of New York, as of June 30, 2011 and 2010, and the related statements of revenue, expenses and changes in fund net assets and cash flows for the years then ended. These financial statements are the responsibility of NYCEDC s management. 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 and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. We were not engaged to perform an audit of NYCEDC s internal control over financial reporting. Our audits included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of NYCEDC s internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, and evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of New York City Economic Development Corporation as of June 30, 2011 and 2010, and the changes in its financial position and its cash flows for the years then ended in conformity with U.S. generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued our report dated October 3, 2011 on our consideration of NYCEDC s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. 1 A member firm of Ernst & Young Global Limited

4 The management s discussion and analysis and the schedule of funding progress for the retiree health care plan, as listed in the table of contents, are not a required part of the basic financial statements, but are supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming an opinion on the basic financial statements. The supplementary information is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in our audits of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. October 3, 2011 EY 2

5 Management s Discussion and Analysis June 30, 2011 and 2010 This section of New York City Economic Development Corporation s ( NYCEDC or the Corporation ) annual financial report presents our discussion and analysis of NYCEDC s financial performance during the fiscal years ended June 30, 2011 and Please read it in conjunction with the financial statements and accompanying notes. Fiscal Year 2011 Financial Highlights Cash, cash equivalents and investments increased $65 million (or 28%) Current portion of loan and mortgage notes receivable increased $9 million (or 886%) Due from The City, net increased $17 million (or 31%) Due from State ESDC increased $93 million (or 100%) Accounts payable and accrued expenses increased $33 million (or 26%) Deferred revenue increased $51 million (or 62%) Total net assets increased $92 million (or 42%) Grants from The City decreased $72 million (or 12%) Other income 42 nd Street increased $70 million (or 324%) Real estate sales increased $30 million (or 2,119%) Project cost decreased $10 million (or 24%) Personnel services decreased $1 million (or 3%) Contract and other expenses to The City decreased $53 million (or 37%) Overview of the Financial Statements This annual financial report consists of four parts: management s discussion and analysis (this section), basic financial statements, required supplementary information and supplementary information. NYCEDC is a local development corporation organized pursuant to Section 1411 of the Not-for-Profit Corporation Law of the State of New York. NYCEDC is also a discretely presented component unit of The City of New York ( The City ). NYCEDC follows enterprise fund reporting; accordingly, the financial statements are presented using the economic resources measurement focus and the accrual basis of accounting. Enterprise fund statements offer short and long-term financial information about the activities and operations of the Corporation. 3

6 These statements are presented in a manner similar to a private business, such as a property management company. While detailed sub-fund information is not presented, separate accounts are maintained for each fund to control and manage transactions for specific purposes and to demonstrate that NYCEDC is properly performing its contractual obligations. Financial Analysis of the Corporation Net Assets The following table summarizes NYCEDC s financial position at June 30, 2011, 2010 and 2009 (dollars in thousands) and the percentage changes between June 30, 2011 and June 30, 2010: % Change Current assets $ 568,512 $ 361,107 $ 357,842 57% Noncurrent assets 222, , ,133 (6%) Total assets $ 791,455 $ 599,477 $ 510,975 32% Current liabilities $ 204,136 $ 155,488 $ 167,829 31% Noncurrent liabilities 275, , ,796 23% Total liabilities $ 480,089 $ 379,939 $ 312,625 26% Net assets: Restricted $ 85,135 $ 106,847 $ 108,609 (20%) Unrestricted 221, ,733 87, % Invested in capital assets 4,302 3,958 2,390 9% Total net assets $ 311,366 $ 219,538 $ 198,350 42% During fiscal year 2011, total assets increased $192 million or 32% primarily due to an increase in receivables: $93 million in other receivables for the 42 nd Street Development Project and $35 million in grants receivable relating to the South Brooklyn Marine Terminal and the Morris Heights Health Center. 4

7 Total liabilities increased $100 million or 26% primarily due to an increase of $51 million in deferred revenue. The Corporation received advance funding of $34 million from the Port Authority of NY/NJ for the Siphon Project between Staten Island and New Jersey, and $13 million from Con-Edison for the Waterside Repair project. Other liability increases are attributable to increased capital program costs incurred ($30 million) and increased obligations to The City from higher land sales ($12 million). Net assets during fiscal year 2011 increased $92 million or 42% as a result of the current operating activities noted above. Prior Year During fiscal year 2010, total assets increased $89 million or 17% primarily as a result of an addition to land held for development in the amount of $105 million relating to the acquisition of several parcels of land in connection to the Coney Island Redevelopment project. This increase was offset by the collection of $16 million in other receivables from the NYS Urban Development Corporation related to the 42 nd Street Development Project. Total liabilities increased $67 million or 22% primarily due to an increase of $99 million in real estate obligations due to The City in connection with the Coney Island Development Project. This land will be conveyed to The City for a nominal fee upon completion of this long-term development project within the next 15 years. There were also decreases of $17 million resulting from recognitions and adjustments, $11 million in retainage payable on construction contracts, and $2 million in deposits on pending sales of real estate. Net assets during fiscal year 2010 increased $21 million or 11% as a result of the current operating activities as noted above. Operating Activities NYCEDC is The City s primary engine for economic development charged with leveraging the City s assets to drive growth, create jobs, and improve quality of life. Through its various divisions, NYCEDC provides a variety of services to eligible businesses that want to become more competitive, more productive and more profitable. In the process of providing its services, NYCEDC primarily generates revenues from property rentals and real estate sales. 5

8 The following table summarizes NYCEDC s change in net assets for the fiscal years ended June 30, 2011, 2010 and 2009 (dollars in thousands) and the percentage changes between fiscal years 2010 and 2009: % Change Operating revenues: Real estate sales, property rentals $ 140,749 $ 97,786 $ 112,990 44% Power sales 54,261 53,276 61,209 2% Grants 548, , ,816 (12%) Fees and other income 128,584 57,166 55, % Total operating revenues 871, , ,056 5% Operating expenses: Project and program costs 533, , ,235 4% Property related expenses 37,675 34,663 38,283 9% Utility expenses 53,381 52,322 60,524 2% Personnel services 46,046 47,459 49,503 (3%) Contract and other expenses to The City 89, ,737 50,412 (37%) Office rent and other expenses 19,709 16,348 19,989 21% Total operating expenses 780, , ,946 (3%) Operating income 90,913 20,225 2, % Nonoperating revenues: Investment income ,373 (5%) Total nonoperating revenues ,373 (5%) Change in net assets 91,828 21,188 5, % Total net assets, beginning of year 219, , ,867 11% Total net assets, end of year $ 311,366 $ 219,538 $ 198,350 42% During fiscal year 2011, operating revenues increased $43 million or 5%, primarily the result of $92 million recorded for the 42 nd Street Development Project and a $30 million increase in real estate sales, offset by a $72 million decrease in reimbursable grants from The City. The $92 million in revenues generated from the 42 nd Street Development Project are the result of a revenue sharing arrangement between The City and New York State for ground leases held in this area. The City conveyed these funds to NYCEDC though a directive issued in September 20, The $30 million increase in real estate sales included the Whitney Museum ($19.1 million) and two other properties: Boundary Fence and Railing Systems ($3.4 million) and Brooklyn Terminal Market Cooperative ($7.5 million). The $72 million decrease in reimbursable grants this year is primarily due to a one-time transaction that occurred last fiscal year, the Coney Island site acquisition. 6

9 Operating expenses during fiscal year 2011 decreased by $28 million or 3% primarily due to a decrease of $53 million in contract and other expenses to The City. The decrease in contract expenses to The City was offset by a $30 million increase in capital program costs. During fiscal year 2011, the Corporation amended its defined benefit health care plan relating to post-employment medical benefits for eligible retirees. Criteria for eligibility were changed, thereby causing a substantially slower rate of growth to the Corporation s annual obligation under the plan and a significant decrease in the actuarial accrued liability. As a result, the Corporation incurred related expenses of approximately $726,000 this fiscal year as compared with approximately $2,760,000 last fiscal year. This is discussed in further detail under Note 13. Correspondingly, operating income during fiscal year 2011 increased $71 million or 349% as a result of the items above. Prior Year During fiscal year 2010, operating revenues increased $56 million or 7%, primarily the result of $77 million increase in reimbursable grants from The City, $15 million decrease in real estate sales and property rentals, $8 million decrease in power sales, and $2 million increase in fee and other income. The overall increase of $77 million in grants from The City was primarily attributed to the recognition of $105 million in grant revenue related to the Coney Island Redevelopment project land acquisition. Additionally, property rentals during the current period decreased by $15 million as a result of non-recurring UNDC rent and Port Authority lease cancellation fees for the Piers 6 project, which were received in the prior year. Operating expenses during fiscal year 2010 increased by $37 million or 5% primarily as a result of the Coney Island Redevelopment project land purchases of $105 million. This increase was offset by a $37 million decrease in program costs on the Lincoln Center Project, a $13 million decrease in other contract expense to The City due to lower additional rent received from UNDC during the current period, an $8 million decrease in utility expenses as a result of fewer customers enrolled in the NYCPUS program, a $4 million decrease in property rentals and related operating expenses and a $4 million decrease in other general and administrative costs. Non-operating revenues decreased $2.4 million as a result of lower interest rates earned on investments during the year. Correspondingly, operating income during fiscal year 2010 increased $18 million or 859% as a result of the items above. 7

10 Capital Assets The following table summarizes NYCEDC s capital assets for the fiscal years ended June 30, 2011, 2010 and 2009 (dollars in thousands) and the percentage change between June 30, 2011 and 2010: % Change Leasehold improvements $ 1,695 $ 756 $ % Furniture and fixtures 6,855 6,667 4,989 3% 8,550 7,423 5,686 15% Less accumulated depreciation and amortization (4,248) (3,465) (3,296) 23% Net capital assets $ 4,302 $ 3,958 $ 2,390 9% The increase in leasehold improvements during fiscal year 2011 is the result of renovations made to NYCEDC s offices at 110 William Street, New York, NY. Contacting NYCEDC s Financial Management This financial report is designed to provide our customers, clients and the public with a general overview of NYCEDC s finances and to demonstrate NYCEDC s accountability for the resources at its disposal. If you have any questions about this report or need additional financial information, contact the Public Information Officer, New York City Economic Development Corporation, 110 William Street, New York, NY

11 Balance Sheets June Assets Current assets: Unrestricted cash and cash equivalents current $ 173,215,388 $ 89,131,550 Restricted cash and cash equivalents current 25,240,514 21,962,347 Investments 19,392,374 31,767,672 Current portion of loans and mortgage notes receivable 10,370,296 1,051,377 Accrued interest receivable from loans 185,002 3,004,718 Due from The City, including $182,261,987 and $152,905,086, respectively, under contracts with The City 196,435, ,336,041 Tenant receivables, net of allowance for uncollectible amounts of $11,789,989 and $11,564,075, respectively 24,374,879 21,033,958 Prepaid expenses 610, ,806 Due from State ESDC 92,745,332 Other receivables 18,708,736 16,963,721 Land deposits in escrow 7,233,750 7,910,000 Total current assets 568,511, ,107,190 Noncurrent assets: Restricted cash and cash equivalents 46,352,308 57,545,471 Unrestricted investments 10,100,985 Restricted investments 21,382,505 30,014,378 Loans and mortgage notes receivable, less current portion (less allowance for loan losses of $5,921,171 and $5,972,226, respectively) 31,675,716 38,322,532 Capital assets, net 4,301,642 3,957,726 Land held for development, at cost 108,443, ,443,118 Other assets 687,000 87,000 Total noncurrent assets 222,943, ,370,225 Total assets $ 791,455,085 $ 599,477,415 Liabilities and net assets Current liabilities: Accounts payable and accrued expenses, including $130,584,976 and $107,318,347, respectively, under contracts with The City $ 163,055,170 $ 129,711,651 Deposits received on pending sales of real estate 5,126,695 6,689,100 Due to The City: real estate obligations and other 20,905,405 8,453,863 Deferred revenue 14,340,364 10,373,185 Other liabilities 707, ,560 Total current liabilities 204,135, ,488,359 Noncurrent liabilities: Tenant security and escrow deposits payable 8,395,858 8,898,629 Deferred interest income 360, ,000 Obligation for other post-employment benefits 19,415,000 19,017,744 Due to The City: real estate obligations 105,345, ,345,500 Deferred revenue, including deferred grant revenue of $43,294,508 and $41,259,632, respectively, under contracts with The City 119,528,079 72,279,434 Retainage payable 22,775,452 18,581,013 Other 133,356 88,356 Total noncurrent liabilities 275,953, ,450,676 Total liabilities 480,088, ,939,035 Net assets: Restricted 85,135, ,847,140 Unrestricted 221,928, ,733,514 Invested in capital assets 4,301,642 3,957,726 Total net assets 311,366, ,538,380 Total liabilities and net assets $ 791,455,085 $ 599,477,415 See accompanying notes. 9

12 Statements of Revenues, Expenses and Changes in Fund Net Assets Year Ended June Operating revenues: Grants $ 548,034,260 $ 620,371,208 Property rentals 109,770,348 96,390,435 Power sales 54,261,376 53,275,525 Fee income 16,544,691 16,653,405 Other income 42 nd Street Development Project 91,745,332 21,642,045 Other income 20,294,100 18,870,266 Real estate sales, net 30,978,293 1,396,041 Total operating revenues 871,628, ,598,925 Operating expenses: Project costs 33,766,644 44,147,228 Program costs 500,232, ,697,469 Property rentals and related operating expenses 37,675,138 34,663,250 Utility expenses 53,381,447 52,321,429 Personnel services 46,046,263 47,459,076 Office rent 7,732,891 7,728,592 Contract and other expenses to The City 89,904, ,737,190 Other general expenses 11,975,963 8,618,789 Total operating expenses 780,715, ,373,023 Operating income 90,912,813 20,225,902 Nonoperating revenues: Income from investments 915, ,587 Total nonoperating revenues 915, ,587 Change in net assets 91,828,110 21,188,489 Net assets, beginning of year 219,538, ,349,891 Net assets, end of year $ 311,366,490 $ 219,538,380 See accompanying notes. 10

13 Statements of Cash Flows Year Ended June Cash flows from operating activities Real estate sales $ 30,378,709 $ 1,350,494 Property rentals 102,084,105 93,131,265 Power sales 54,261,376 53,275,525 Grants from The City 551,037, ,475,340 Fee income 16,542,368 16,539,251 Other income 38,015,331 33,006,554 Other income 42 nd Street Development Project 91,745,332 21,642,043 Project costs (32,071,981) (46,249,290) Program costs (473,384,687) (481,059,905) Property rentals and related operating expenses (32,964,073) (36,647,413) Utility expenses (51,270,340) (51,516,339) Personnel services (45,709,287) (44,664,141) Office rent (7,732,891) (7,728,592) Contract and other expenses to The City (89,897,109) (40,884,987) Other general and administrative expenses (8,101,557) (5,170,489) Repayments of loans and mortgage receivable 6,697,873 1,523,791 Tenant security and escrow deposits (502,771) 174,831 Other (83,117,419) (1,948,400) Net cash provided by operating activities 66,010, ,249,538 Cash flows from capital and related financing activities Purchase of capital assets (1,739,677) (2,646,585) Net cash used in capital and related financing activities (1,739,677) (2,646,585) Cash flows from investing activities Sale of investments 61,408, ,434,807 Purchase of investments (50,816,822) (144,185,729) Deposits on land 676,250 (83,250,992) Interest income 629, ,587 Net cash provided by (used in) investing activities 11,897,733 (77,039,327) Net increase in cash and cash equivalents 76,168,842 39,563,626 Cash and cash equivalents, beginning of year 168,639, ,075,742 Cash and cash equivalents, end of year $ 244,808,210 $ 168,639,368 11

14 Statements of Cash Flows (continued) Year Ended June Reconciliation of operating income to net cash provided by operating activities Operating income $ 90,912,813 $ 20,225,902 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation and amortization 1,395,761 1,078,685 Changes in operating assets and liabilities: Accrued interest receivable 2,819,716 40,650 Due to/from The City (16,647,692) 108,970,766 Tenant receivables (3,340,921) (3,611,193) Prepaid expenses (1,409,474) 18,378,473 Due from State ESDC (92,745,332) Loans and mortgage notes receivable (2,672,103) 5,674,397 Tenant security and escrow deposits payable (502,771) 174,831 Accounts payable and accrued expenses 33,343,519 (3,512,646) Deposits received on pending sales of real estate (1,562,405) (1,948,107) Deferred interest income 120,000 47,109 Obligation for OPEB 397,256 2,651,335 Deferred grant revenue 51,215,824 (17,398,033) Retainage payable 4,194,439 (11,444,504) Other current liabilities 447,156 (43,686) Other noncurrent liabilities 45,000 (34,441) Net cash provided by operating activities $ 66,010,786 $ 119,249,538 Supplemental disclosures of non-cash activities Unrealized loss on investments $ (846,582) $ (931,591) See accompanying notes. 12

15 Notes to Financial Statements June 30, Background and Organization The accompanying financial statements include the assets, liabilities, net assets and the financial activities of the New York City Economic Development Corporation ( NYCEDC or the Corporation ) and its component unit, Apple Industrial Development Corp. ( Apple ). NYCEDC is a local development corporation organized pursuant to Section 1411 of the Not-for- Profit Corporation Law of the State of New York (the State ). NYCEDC s primary activities consist of rendering a variety of services and administering certain economic development programs on behalf of The City of New York ( The City ) relating to attraction, retention and expansion of commerce and industry in The City. These services and programs include encouragement of construction, acquisition, rehabilitation and improvement of commercial and industrial enterprises within The City and provision of grants to qualifying business enterprises as a means of helping to create and retain employment therein. These services are provided under two contracts with The City (the NYCEDC Master Contract and the NYCEDC Maritime Contract ). Apple was created in 1980 and provides management and maintenance services for certain Cityowned and NYCEDC owned and leased properties. Apple has contracted with NYCEDC to manage wharf, waterfront, public market and aviation properties that NYCEDC is responsible for managing under the NYCEDC Maritime Contract, properties under lease to or owned by NYCEDC, and other properties that NYCEDC is responsible for managing pursuant to the NYCEDC Master Contract or pursuant to other arrangements with The City. Apple has assumed NYCEDC s rights and obligations under certain management and maintenance service contracts with The City. Complete financial statements for Apple may be obtained at its administrative offices, which are located at 110 William Street, New York, New York Pursuant to Governmental Accounting Standards Board Statement No. 14, The Financial Reporting Entity, Apple is reported as a blended component unit of NYCEDC. Also pursuant to GASB Statement No. 14, NYCEDC s financial statements are included in The City s financial statements as a component unit for financial reporting purposes. 13

16 Notes to Financial Statements (continued) 1. Background and Organization (continued) In order to present the financial position and the changes in financial position of Apple in a manner consistent with limitations and restrictions placed upon the use of resources and NYCEDC s contractual agreement with The City and other third parties, Apple classifies its operations into the following four portfolios: Commercial Leases Portfolio: Apple has been assigned the rights to manage certain noncancelable NYCEDC ground leases with The City. NYCEDC subleases the property to commercial and industrial tenants. The sublease agreements generally provide for minimum rentals plus provisions for additional rent, and restrict the use of the land to the construction or development of commercial, manufacturing or industrial facilities. Brooklyn Army Terminal Portfolio: The Brooklyn Army Terminal ( BAT ) is an industrial property owned by The City which is leased to NYCEDC and managed by Apple on NYCEDC s behalf. Under the terms of the BAT lease, a reserve account of $500,000 was established from net BAT revenues for property operating and capital expenses. Maritime Portfolio: This portfolio was established to account for Apple s management, promotion, expansion and development of waterfront, public market, public aviation and intermodal transportation properties on NYCEDC s behalf pursuant to the subcontract. Other Properties Portfolio: This portfolio was established to account for the activities of Apple related to certain City-owned and other properties for which Apple assumed management responsibilities. Pursuant to an agreement between NYCEDC and The City, the net revenue from three of the properties is retained by the portfolio for property operating and capital expenses or for expenses of projects in the area. The net assets retained as of June 30, 2011 and 2010 were $9,813,042 and $8,479,288, respectively. Net revenues excluded depreciation expenses. Any net revenues from the other properties are payable to NYCEDC pursuant to the subcontract. 14

17 Notes to Financial Statements (continued) 2. Summary of Significant Accounting Policies Basis of Accounting and Presentation NYCEDC follows enterprise fund reporting; accordingly, the accompanying financial statements are presented using the economic resources measurement focus and the accrual basis of accounting. In its accounting and financial reporting, the Corporation follows the pronouncements of the Governmental Accounting Standards Board ( GASB ). In addition, NYCEDC follows only the pronouncements of all applicable Financial Accounting Standards Board Statements and Interpretations, Accounting Principles Board Opinions and Accounting Research Bulletins of the Committee on Accounting Procedure issued on or before November 30, 1989, unless they conflict with or contradict GASB pronouncements. Recent Accounting Pronouncements In June 2010, the GASB issued Statement No. 59, Financial Instruments Omnibus ( GASB No. 59 ). GASB No. 59 updated and improved existing standards regarding financial reporting and disclosure requirements of certain financial instruments and external investment pools for which significant issues have been identified in practice. The Corporation adopted GASB No. 59 for its 2011 financial statements. The implementation of GASB No. 59 did not have a significant impact on the Corporation. In November 2010, the GASB issued Statement No. 61, The Financial Reporting Entity: Omnibus an amendment of GASB Statements No. 14 and No. 34 ( GASB No. 61 ). GASB No. 61 modifies certain requirements for inclusion of component units in the financial reporting entity. For organizations that previously were required to be included as component units by meeting the fiscal dependency criterion, a financial benefit or burden relationship also would need to be present between the primary government and that organization for it to be included in the reporting entity as a component unit. Further, for organizations that do not meet the financial accountability criteria for inclusion as component units but that, nevertheless, should be included because the primary government s management determines that it would be misleading to exclude them, GASB No. 61 clarifies the manner in which that determination should be made and the types of relationships that generally should be considered in making the determination. GASB No. 61 also amends the criteria for reporting component units as if they were part of the 15

18 Notes to Financial Statements (continued) 2. Summary of Significant Accounting Policies (continued) primary government in certain circumstances and clarifies the reporting of equity interests in legally separate organizations. The provisions of GASB No. 61 are effective for financial statements for periods beginning after June 15, The Corporation has not completed the process of evaluating the impact of GASB No. 61 on its financial statements. In December 2010, the GASB issued Statement No. 62, Codification of Accounting and Financial Reporting Guidance Contained in Pre November 30, 1989 FASB and AICPA Pronouncements ( GASB No. 62 ). This Standard will improve financial reporting by incorporating into the GASB s authoritative literature certain accounting and financial reporting guidance that is included in the FASB s and the American Institute of Certified Public Accountants ( AICPA ) pronouncements issued on or before November 30, 1989, which does not conflict with or contradict GASB pronouncements. GASB No. 62 will supersede Statement No. 20, Accounting and Financial Reporting for Proprietary Funds and Other Governmental Entities that Use Proprietary Fund Accounting. The requirements of GASB No. 62 are effective for financial statements for periods beginning after December 15, The Corporation has not completed the process of evaluating the impact of GASB No. 62 on its financial statements. In June 2011, the GASB issued Statement No. 63, Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position ( GASB No. 63 ). GASB No. 63 provides financial reporting guidance for deferred outflows of resources and deferred inflows of resources. Concepts Statement No. 4, Elements of Financial Statements, introduced and defined those elements as a consumption of net assets by the government that is applicable to a future reporting period, and an acquisition of net assets by the government that is applicable to a future reporting period. Previous financial reporting standards do not include guidance for reporting those financial statement elements, which are distinct from assets and liabilities. Concepts Statement 4 also identifies net position as the residual of all other elements presented in a statement of financial position. GASB No. 63 amends the net asset reporting requirements in GASB Statement No. 34, Basic Financial Statements and Management s Discussion and Analysis for State and Local Governments, and other pronouncements by incorporating deferred outflows of resources and deferred inflows of resources into the definitions of the required components of the residual measure and by renaming that measure as net position, rather than net assets. The Corporation has not completed the process of evaluating the impact of GASB No. 63 on its financial statements. 16

19 Notes to Financial Statements (continued) 2. Summary of Significant Accounting Policies (continued) Revenue and Expense Classification NYCEDC distinguishes operating revenues and expenses from non-operating items in the preparation of its financial statements. Operating revenues and expenses generally result from providing contract services in connection with NYCEDC s principal on-going operations. The principal operating revenues are grants from The City, rentals of City-owned property, sales of New York Power Authority electric power, and sales of property (see Real Estate Sales). NYCEDC s operating expenses include project and program costs, utility costs, property rental charges and related administration expenses. All revenues and expenses not meeting this definition are reported as non-operating revenues and expenses. When both restricted and unrestricted resources are available for use, it is NYCEDC s policy to use restricted resources first, and then unrestricted resources as needed. Grants NYCEDC administers certain reimbursement and other grant funds from The City under its contracts with The City. A reimbursement grant is a grant awarded for a specifically defined project and is generally administered such that NYCEDC is reimbursed for any qualified expenditures associated with such projects. NYCEDC records reimbursement grants from The City as revenue when the related program costs are incurred. Differences between the program costs incurred on specific projects and the related receipts are reflected as due from The City or as deferred revenue in the accompanying balance sheets. Other grants are recorded as revenue when earned. Property Rentals Property rentals are recognized on a straight-line basis over the term of the leases. 17

20 Notes to Financial Statements (continued) 2. Summary of Significant Accounting Policies (continued) Real Estate Sales Proceeds from sales of City-owned properties, other than proceeds in the form of a promissory note from the purchaser in favor of NYCEDC, are recognized as income at the time of closing of the sale. Deposits received from prospective purchasers prior to closing are included in the accompanying balance sheets as deposits received on pending sales of real estate. Beginning in fiscal 1990, for sales of City-owned property in which NYCEDC has accepted a promissory note from a purchaser in lieu of cash, in addition to the note receivable, corresponding deferred revenue is recorded at the time of closing. Due to collectability issues associated with these promissory notes, such deferred revenue is amortized into income ratably as payments are made. Retainage Payable Retainage payable is treated as non-current due to the long-term nature of the related contracts. Loans and Mortgage Notes Receivable Loans to finance the acquisition of land and buildings are generally repayable over a 15 to 25 year period. Generally, all loans are secured by second mortgages or other security interest and carry below market interest rates. NYCEDC provides an allowance for loan losses based on an analysis of a number of factors, including the value of the related collateral. Based on established procedures, NYCEDC writes off the balances of those loans determined by management to be uncollectible. Cash and Cash Equivalents Cash and cash equivalents include cash in banks and on hand, certificates of deposit and highly liquid debt instruments with original maturities of three months or less. Cash equivalents are stated at fair value. 18

21 Notes to Financial Statements (continued) 2. Summary of Significant Accounting Policies (continued) Restricted Cash and Investments Restricted cash and investments include amounts related to operations or programs administered on behalf of The City and, accordingly, such amounts are not available for use by NYCEDC for general corporate purposes. Capital Assets Capital asset purchases for use by NYCEDC in excess of $10,000 and consisting primarily of furniture and equipment are capitalized and depreciated using the straight-line method over the estimated useful life assigned, which varies from three to five years. Disbursements made by NYCEDC on behalf of The City for, among other things, capital projects, tenant build-outs and leasing commissions in connection with rental operations, are reflected as expenses in the year they are incurred. Tax Status NYCEDC is exempt from federal income taxes under Section 501(c)(3) of the U.S. Internal Revenue Code (the Code ). In addition, NYCEDC has been classified as an organization that is not a private foundation and has been designated a publicly supported organization as specified in Section 509(a) and Section 170(b)(1)(A)(vi) of the Code. Apple is a New York State not-for-profit corporation and is exempt from federal income taxes under Section 501(c)(3) of the Code. Reclassifications Certain prior year amounts shown in the accompanying financial statements have been reclassified to conform to current year presentation. 19

22 Notes to Financial Statements (continued) 3. Contracts with The City of New York NYCEDC Master Contract The City and NYCEDC have entered into the NYCEDC Master Contract under which NYCEDC has been retained to perform various services primarily related to the retention and expansion of industrial and commercial development within The City, including among others (1) facilitating commercial and industrial development projects, (2) stabilizing and improving industrial areas in The City, (3) administering public loan, grant and subsidy programs on behalf of The City, (4) encouraging development of intrastate, interstate and international commerce within The City, and (5) managing and maintaining certain City-owned properties. In partial consideration of the services rendered by NYCEDC pursuant to the NYCEDC Master Contract, NYCEDC may retain (1) net revenues resulting from the sale or lease of City-owned properties, and (2) certain interest and other related income received by NYCEDC for financing programs administered on behalf of The City, up to the contract cap. For fiscal years ended June 30, 2011 and 2010, net revenues generated from such sources amounted to $85,298,810 and $69,872,669, respectively. Income self-generated by NYCEDC, including interest earned on all cash accounts related to unrestricted operations and certain fees earned for services rendered which are not payable by The City, may be retained by NYCEDC under the NYCEDC Master Contract without regard to the contract cap. Pursuant to section of the NYCEDC Master Contract, at any time upon written request of the Mayor of The City or his designee, NYCEDC must remit to The City assets having a fair market value up to the amount, if any, by which NYCEDC s unrestricted net assets exceeds $7 million. At the direction of The City, NYCEDC was required to remit $54,260,486 and $20,586,488 from its unrestricted net assets in fiscal 2011 and 2010, respectively, which are accounted for as contract and other expenses to The City in the statements of revenues, expenses and changes in fund net assets. The term of the NYCEDC Master Contract is one year commencing on July 1 and may be extended by The City for up to one year. The City may terminate this contract at its sole discretion upon 90 days written notice. Upon termination of this contract, NYCEDC must remit to The City all program funds or other assets subject to certain prescribed limitations. 20

23 Notes to Financial Statements (continued) 3. Contracts with The City of New York (continued) NYCEDC Maritime Contract The City and NYCEDC have entered into the NYCEDC Maritime Contract under which NYCEDC has been retained to perform various services primarily related to the retention and expansion of waterfront, intermodal transportation, market, freight and aviation development and commerce. The services provided under this contract include (1) retaining maritime business and attracting maritime business to The City, (2) managing, developing, maintaining and promoting The City s waterfront, markets, aviation, freight and intermodal transportation, and (3) administering leases, permits, licenses, and other occupancy agreements pertaining to such related properties. In the performance of its services under the NYCEDC Maritime Contract, NYCEDC collects monies, including but not limited to, rents and other revenues from tenants of certain City-owned properties managed by NYCEDC in connection with its maritime program (see Note 11). In consideration of the services rendered by NYCEDC pursuant to the NYCEDC Maritime Contract, The City has agreed to pay NYCEDC for all costs incurred in the furtherance of The City s objectives under this contract, to the extent such costs have been provided for in The City approved budget ( Budget ) as called for by the NYCEDC Maritime Contract. Any Reimbursable Expenses, as defined in the NYCEDC Maritime Contract, may be retained by NYCEDC out of the net revenues generated on The City s behalf, to the extent such expenses are not provided for in the Budget (the Reimbursed Amount ). For the fiscal years ended June 30, 2011 and 2010, the Reimbursed Amount was $30,311,405 and $18,999,799, respectively. Net revenues generated on The City s behalf for services under the NYCEDC Maritime Contract in excess of the Reimbursed Amount must be remitted to the City on a periodic basis. The operations covered by the NYCEDC Maritime Contract generated $16,725,492 and $16,726,186 in net revenues in both fiscal years 2011 and Pursuant to section 9.06 of the NYCEDC Maritime Contract, at any time upon written request of the Mayor of The City or his designee, NYCEDC must remit to The City assets having a fair market value up to the amount, if any, by which NYCEDC s maritime net assets exceeds $7 million. 21

24 Notes to Financial Statements (continued) 3. Contracts with The City of New York (continued) At the direction of The City, NYCEDC was required to remit $16,718,000 for both fiscal years 2011 and 2010, respectively, pursuant to the NYCEDC Maritime Contract, and such amounts are included in the accompanying Statements of revenues, expenses and changes in fund net assets under contract and other expenses to The City. The entire amounts required were remitted at June 30, 2011 and 2010, respectively. The term of the NYCEDC Maritime Contract is one year commencing on July 1, and may be extended by The City for up to one year. The City may terminate this contract at its sole discretion upon 90 days written notice. Upon termination of this contract, NYCEDC must remit to The City all program funds or other assets subject to certain prescribed limits. Other Additionally, the City has directed rental payments for the ground lease for the Times Square Marriott Marquis be sent to NYCEDC. In this case, NYCEDC acts as a conduit and must remit such amounts to The City. For the fiscal years ended June 30, 2011 and 2010, $10,162,307 and $9,551,571 was remitted to the City, respectively. 4. Grants NYCEDC receives grants for specifically defined projects. For the year ended June 30, 2011, grant revenue was $548,034,260, of which $535,446,395 were reimbursement grants from The City. For the year ended June 30, 2010, grant revenue was $620,371,208, of which $605,465,709 were reimbursement grants from The City. 22

25 Notes to Financial Statements (continued) 5. Land Held for Development NYCEDC may purchase land to help achieve the City s and NYCEDC s redevelopment goals. During fiscal year 2010, NYCEDC purchased several parcels of land in Coney Island ( Coney ) to assist with the implementation of a comprehensive economic development plan to strengthen the Coney amusement area. The cost of these property acquisitions was approximately $105.3 million, for which NYCEDC received Capital funds from the City. Effective March 2010, NYCEDC leased the acquired property acquired to a third party for a ten year period in furtherance of the goals and vision for Coney. NYCEDC may convey the site to the City, for nominal consideration, at any time. This amount is reflected as real estate obligations due to the City. Also included in land held for development is approximately $3.1 million of other properties. No additional land purchases were made in fiscal year Other Income The following table summarizes other income for the fiscal years ended June 30, 2011 and 2010: Tenant reimbursements $ 6,852,236 $ 6,896,435 Developer contributions 1,395,176 1,431,400 Interest income from loans 1,648,337 1,507,050 Other income 10,398,351 9,035,381 Total $ 20,294,100 $ 18,870, Loans and Mortgage Notes Receivable NYCEDC has received installment notes from purchasers of certain real property sold by NYCEDC following NYCEDC s purchase of such property from The City. The installment notes are secured by separate purchase money mortgages on the properties sold. At June 30, 2011 and 2010, these mortgage notes totaled $14,787,168 and $11,567,483, respectively, exclusive of interest receivable. NYCEDC has also provided loans to City businesses to advance certain economic development objectives consistent with their corporate mission and contractual obligations with The City. 23

26 Notes to Financial Statements (continued) 7. Loans and Mortgage Notes Receivable (continued) These loans were made to borrowers whose business operations are likely to provide employment generation, increase tax revenue, improve the physical environment of areas, stabilize neighborhoods or provide other benefits to The City. Collectively, the installment notes and loans form the Finance Programs. At June 30, 2011, the loan and mortgage notes portfolio consisted of 25 loans that bear interest at rates ranging from 0% to 7% and mature at various dates through October 1, Scheduled maturities of principal for these loans for the next five years and thereafter are as follows: Principal Maturity Interest Fiscal Year 2012 $ 10,644,271 $ 1,147, ,050,777 1,373, ,106,299 1,281, ,188,486 1,186, ,791,294 1,084, ,251,372 3,853, ,669,737 2,483, ,189,806 1,391, ,021, , ,331 $ 47,967,183 $ 14,529,913 NYCEDC has three loans in fiscal 2011 that represented approximately 49% of the loan portfolio balance. The composition of the nine largest loans, comprising 96% of the entire portfolio, by industry type, at June 30, 2011 was as follows: real estate development 95% and service 1%. The ability of the borrowers to honor their contracts may be affected by a downturn in The City s economy, which may ultimately limit the funds available to repay interest and principal. 24

27 Notes to Financial Statements (continued) 7. Loans and Mortgage Notes Receivable (continued) The City may, at its discretion, request payment of certain amounts received by NYCEDC from the administration of certain programs within the Finance Programs. 8. Due to/from The City of New York NYCEDC is required to remit amounts to The City under the NYCEDC Master Contract (see Note 3). The unremitted portion of such amounts at June 30, 2011 and 2010 amounted to $20,905,405 and $8,453,863, respectively. Pursuant to the various contracts with The City, NYCEDC recorded total grants from The City in the amount of $548,034,260 and $620,371,208 during fiscal years 2011 and 2010, respectively, of which $182,261,987 and $152,905,086 were unpaid by The City as of June 30, 2011 and 2010, respectively. These unpaid amounts are included in the accompanying balance sheets as Due from The City. 9. Capital Assets Changes in capital assets for the years June 30, 2009 to June 30, 2011 consisted of the following: June 30, 2009 Additions/ Depreciation Disposals June 30, 2010 Additions/ Depreciation Disposals June 30, 2011 Equipment $ 4,034,822 $ 2,485,676 $ (622,693) $ 5,897,805 $ 649,091 $ (579,151) $ 5,967,745 Leasehold improvements 696,790 59, , ,789 1,694,935 Computer software 954, ,553 (287,038) 769, ,797 (34,086) 886,888 Capital assets 5,686,274 2,646,585 (909,731) 7,423,128 1,739,677 (613,237) 8,549,568 Less: Accumulated depreciation (3,296,448) (1,078,685) 909,731 (3,465,402) (1,395,761) 613,237 (4,247,926) Capital assets, net $ 2,389,826 $ 1,567,900 $ $ 3,957,726 $ 343,916 $ $ 4,301,642 Depreciation and amortization of capital assets for the fiscal years ended June 30, 2011 and 2010 were $1,395,761 and $1,078,685, respectively. 25

28 Notes to Financial Statements (continued) 10. Cash and Investments Cash The bank balance of NYCEDC s deposits was $169,026,671, of which $6,160,524 was covered by federal depository insurance and $158,433,838 was collateralized by securities held by the pledging financial institution. The remaining balances of the deposits were not collateralized as of June 30, Petty cash on hand amounted to $3,000 at June 30, Investments NYCEDC s investment policy permits the Corporation to invest in obligations of the United States of America or in obligations guaranteed by agencies of the United States of America where the payment of principal and interest is guaranteed by the United States of America as well as obligations of the State. All of the Corporation s investments in U.S. agencies carry a guarantee of the U.S. government. Other permitted investments, include short term commercial paper, certificates of deposit and bankers acceptances. All investments are subject to certain limitations and conditions, and are carried at fair value, except for certificates of deposit, which are valued at cost. Investments at June 30, 2011 and 2010 consist of the following securities with maturities (dollars in thousands): Investment Maturities Fair Value at June 30, 2011 in Years Less than 1 1 to 2 Money market and mutual funds $ 72,611 $ 56,520 $ 72,611 $ Money market deposit account 68,995 65,138 68,995 FHLB notes 9,708 22,747 7,261 2,447 Corporate bonds 21,437 FHLMC notes 11,521 12,964 5,540 5,981 U.S. treasury bills 7,189 6,878 3,665 3,524 Commercial paper 7,798 3,749 7,798 FFCB notes 3,504 FNMA notes 13,446 3,000 7,642 5,804 Certificate of deposit and other 1, , ,189 $ 174,484 $ 17,997 Less amount classified as cash equivalents (141,605) (134,407) Total investments $ 50,876 $ 61,782 26