Apple Industrial Development Corp

“FORM 990, PART VI, QUESTION 6 THE MEMBERS OF THE CORPORATION SHALL BE NO LESS THAN THREE, NOR MORE THan THIRTY IN NUMBER, AS A MAJORITY OF THE MEMBERS THEN IN OFFICE MAY DETERMINE, ALTHOUGH LESS THAN A QUORUM EXISTS, PROVIDED THAT THE NUMBER OF MEMBERS MAY NOT BE REDUCED SO AS TO SHORTEN THE TERM OF ANY INCUMBENT MEMBER. EACH MEMBER SHALL BE A PERSON PROMINENT IN THE FINANCIAL, COMMERCIAL, INDUSTRIAL, PROFESSIONAL, REAL ESTATE OR LABOR COMMUNITIES OF NEW YORK CITY OR A PUBLIC OFFICIAL OR EMPLOYEE OF THE CITY OF NEW YORK OR AN OFFICER OR EMPLOYEE OF NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION. ANY MEMBER WHO IS AN OFFICIAL OR EMPLOYEE OF THE CITY OF NEW YORK OR AN OFFICER OR EMPLOYEE OF NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION SHALL CEASE TO BE A MEMBER AT ANY TIME HE OR SHE IS NOT EMPLOYED BY EITHER THE CITY OF NEW YORK OR NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION. MEMBERS SHALL BE ADMITTED BY A MAJORITY VOTE OF THE MEMBERS PRESENT AT A MEETING. MEMBERS SHALL BE APPOINTED FOR A TERM OF ONE YEAR AND SHALL BE APPOINTED AT THE ANNUAL MEMBERSHIP MEETING AFTER THE ELECTION OF DIRECTORS. MEMBERS SHALL SERVE UNTIL THE APPOINTMENT OF THEIR SUCCESSORS, OR UNTIL THEIR PRIOR RESIGNATION OR REMOVAL. A MEMBER APPOINTED TO AN UNFINISHED TERM SHALL SERVE UNTIL THE ANNUAL APPOINTMENT DATE SUBSEQUENT TO HIS OR HER APPOINTMENT AND THE APPOINTMENT OF HIS OR HER SUCCESSOR, OR UNTIL HIS OR HER PRIOR RESIGNATION OR REMOVAL.”

“Form 990, Part VI, Question 7a PURSUANT TO APPLE BY-LAWS, THE MEMBERS ELECT DIRECTORS WHO SERVE ON APPLE'S BOARD OF DIRECTORS. THE BOARD OF DIRECTORS IS APPLE's GOVERNING BODY. DECISIONS OF THE GOVERNING BODY SUBJECT TO APPROVAL BY MEMBER FORM 990, PART VI, QUESTION 7B APPLE'S BY-LAWS PROVIDE THAT THE EXACT NUMBER OF MEMBERS SHALL BE FIXED BY THE MEMBERS AND THE NUMBER OF DIRECTORS SHALL BE FIXED BY THE MEMBERS. IN ADDITION, APPLE'S BY-LAWS PROVIDE THAT THEY MAY ONLY BE ADOPTED, AMENDED OR REPEALED BY THE MEMBERS (AND NOT BY THE DIRECTORS OR A COMMITTEE THEREOF). PURSUANT TO THE NEW YORK STATE NOT-FOR-PROFIT CORPORATION LAW (npcl) UNDER WHICH APPLE IS INCORPORATED, MEMBERS ELECT THE DIRECTORS OF APPLE. ALSO, UNDER THE NPCL, THE APPROVAL OF TWO-THIRDS OF APPLE'S MEMBERS IS REQUIRED FOR ANY MERGER, CONSOLIDATION, DISSOLUTION OR SALE, LEASE, EXCHANGE OR OTHER DISPOSITION OF ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF APPLE.”

“Form 990, Part VI, Question 11b THE RETURN PREPARER PROVIDED THE FINAL COPY OF FORM 990 TO THE TREASURER AND THE GENERAL cOUNSEL IN THEIR CAPACITIES AS CORPORATE OFFICERS FOR THEIR REVIEW BEFORE FILING WITH THE IRS.”

“Form 990, Part VI, Question 12c (A) IF A DIRECTOR OR OFFICER OF APPLE IS ALSO AN EMPLOYEE OF NYCEDC, A RELATED ORGANIZATION, OR (B) IF AN OFFICER OF APPLE IS AN EMPLOYEE OF APPLE, THAT DIRECTOR OR OFFICER IS SUBJECT TO CONFLICT OF INTEREST CHAPTER 68 ("CHAPTER 68") OF THE CITY'S CHARTER. CURRENTLY, ONE DIRECTOR AND ALL OFFICERS OF APPLE ARE ALSO EMPLOYEES OF NYCEDC. CHAPTER 68 RESTRICTS OUTSIDE POSITIONS AND INTERESTS, ACCEPTANCE OF VALUABLE GIFTS, DISCLOSURE OF CONFIDENTIAL INFORMATION, POST-EMPLOYMENT ACTIVITIES AND OTHER ACTUAL OR PERCEIVED CONFLICTS OF INTEREST. DIRECTORS AND OFFICERS OF APPLE WHO ARE ALSO NYCEDC EMPLOYEES WITH SUBSTANTIAL POLICY DISCRETION ARE REQUIRED TO FILE FINANCIAL DISCLOSURE FORMS WITH, AND MUST UNDERGO BACKGROUND INVESTIGATION BY, THE CITY'S DEPARTMENT OF INVESTIGATION. ANY PERSON WHO IS (A) A DIRECTOR OR OFFICER OF APPLE AND (B) NOT AN EMPLOYEE OF APPLE OR NYCEDC IS SUBJECT TO THE CODE OF ETHICS FOR DIRECTORS AND OFFICERS ("CODE"), WHICH APPLE'S BOARD OF DIRECTORS ADOPTED. DURING THE TAX YEAR ENDING JUNE 30, 2014 THERE WERE 4 DIRECTORS OF APPLE WHO WERE NOT EMPLOYEES OF APPLE OR NYCEDC. IF A DIRECTOR OR OFFICER HAS A CONFLICT, THIS IS REVEALED TO THE BOARD OR COMMITTEE THEREOF BEFORE IT VOTES ON A MATTER, AND DIRECTORS RECUSE THEMSELVES FROM VOTING ON MATTERS IN WHICH THEY ARE INTERESTED.”

“Form 990, Part VI, Question 19 APPLE'S CERTIFICATE OF INCORPORATION, BY-LAWS, CONFLICT OF INTEREST POLICY AND FINANCIAL STATEMENTS ARE GENERALLY AVAILABLE TO THE PUBLIC THROUGH THE WEBSITE OF NYCEDC, A RELATED ORGANIZATION AT HTTP://WWW.NYCEDC.COM. CONFLICTS OF INTEREST CHAPTER 68 OF NEW YORK CITY CHARTER IS AVAILABLE TO THE PUBLIC ON THE CONFLICTS ON INTEREST BOARD WEB SITE AT HTTP://WWW.NYC.GOV/HTML/CONFLICTS.”

“FORM 990, PART IX, LINE 11G Reimbursement Maritime Salaries $21,855,182 Reimbursement EDC Property Management Salaries $ 3,626,785 Security Service Fees $ 3,083,792 Facility Management Fees $ 2,550,083 Consulting Fees $ 525,772 Engineering Fees $ 339,272 Management Fees $ 117,751 Surveyor Fees $ 84,113 Insurance Services Fees $ 65,800 Software Support Fees $ 58,841 Appraisal Fees $ 26,250 NYFD Fees $ 9,333 Graffiti Program Contribution ($ 69,243) Other Professional Service Fees ($ 48,197) ---------------- TOTAL OTHER FEES FOR SERVICES, LINE 11G $32,225,534”