Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2011
Open to Public Inspection
Name of the organization
LINCOLN CENTER DEVELOPMENT PROJECT INC
Employer identification number
13-4172481
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2011
Schedule A (Form 990 or 990-EZ) 2011
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
197,482,772
256,632,065
161,277,387
33,136,323
8,137,951
656,666,498
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
197,482,772
256,632,065
161,277,387
33,136,323
8,137,951
656,666,498
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
6
Public Support. Subtract line 5 from line 4.
656,666,498
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
7
Amounts from line 4..
197,482,772
256,632,065
161,277,387
33,136,323
8,137,951
656,666,498
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
11
Total support (Add lines 7 through 10).
656,666,498
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
100.000 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
100.000 %
16a
33 1/3% support test—2011.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2010.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2011.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2011
Schedule A (Form 990 or 990-EZ) 2011
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public Support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
13
Total support (Add lines 9, 10c, 11 and 12.).
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2011 (line 8 column (f) divided by line 13 column (f))
.........
15
16
Public support percentage from 2010 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2011 (line 10c column (f) divided by line 13 column (f))
......
17
18
Investment income percentage from 2010 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2011.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2010.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2011
Schedule A (Form 990 or 990-EZ) 2011
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2011
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2011
Open to Public Inspection
Name of the organization
LINCOLN CENTER DEVELOPMENT PROJECT INC
Employer identification number
13-4172481
Identifier
Return Reference
Explanation
ORGANIZATION'S MISSION
FORM 990, PART III, LINE 1
ALL OF LCDP'S ACTIVITIES FURTHER ITS TAX-EXEMPT AND CHARITABLE PURPOSE BY PROVIDING CULTURAL AND EDUCATIONAL ORGANIZATIONS WITH FINANCIAL, PROFESSIONAL, AND OTHER ASSISTANCE IN ERECTING, RECONSTRUCTING, RENOVATING, MODERNIZING AND RECONFIGURING BUILDINGS OPEN TO THE PUBLIC FOR PUBLIC EXPOSITIONS AND CULTURAL ACTIVITIES. THE REDEVELOPMENT PROJECTS CONSIST OF THE FOLLOWING PROJECTS: 1) WRAP UP OF REMAINING PUNCH LIST ITEMS FOR 65TH STREET AND PROMENADE PROJECTS; 2) A PLAZA-LEVEL FOOTBRIDGE SPANNING 65TH STREET, OFFERING AN ADDITIONAL WAY TO TRAVEL BETWEEN THE NORTH AND SOUTH SIDES OF THE CAMPUS; AND 3) EARLY PLANNING FOR POTENTIAL PROJECTS AT AVERY FISHER HALL, DAMROSCH PARK AND AMSTERDAM CORNER.
GOVERNING BODY AND MANAGEMENT
FORM 990, PART VI, LINES 6, 7A AND 7B
THERE ARE NO STOCKHOLDERS. THE BOARD IS A SINGLE MEMBER CORPORATION, WITH LINCOLN CENTER FOR THE PERFORMING ARTS, INC. AS ITS SOLE MEMBER, WITH THREE DIRECTORS DESIGNATED BY LINCOLN CENTER FOR THE PERFORMING ARTS, INC., AND ONE NON-VOTING DIRECTOR DESIGNATED BY THE CITY OF NEW YORK. VOTING MEMBERS HAVE THE GENERAL POWER TO CONTROL AND MANAGE THE AFFAIRS AND PROPERTY OF LCDP AND ADOPT RULES AND REGULATIONS GOVERNING ITS ACTIONS.
FORM 990 REVIEW
FORM 990, PART VI, LINE 11B
LCDP'S FORM 990 IS PREPARED BY ITS INDEPENDENT ACCOUNTING FIRM WITH DATA PROVIDED BY ITS FINANCE DEPARTMENT. WHEN LCDP'S STAFF AND ACCOUNTING FIRM APPROVE THE DRAFT RETURN, IT IS THEN PROVIDED TO THE AUDIT COMMITTEE FOR REVIEW AND APPROVAL. LCDP'S BOARD OF DIRECTORS HAS DELEGATED RESPONSIBILITY FOR REVIEWING FORM 990 TO THE AUDIT COMMITTEE. WHEN THE AUDIT COMMITTEE APPROVES THE FINAL DRAFT, A COPY IS PROVIDED TO THE FULL BOARD OF DIRECTORS PRIOR TO FILING WITH THE INTERNAL REVENUE SERVICE.
CONFLICT OF INTEREST POLICY
FORM 990, PART VI, LINE 12C
LCDP BOARD MEMBERS AND SENIOR STAFF ARE REQUIRED TO FILL OUT A CONFLICT OF INTEREST FORM EACH FISCAL YEAR TO CONFIRM THEIR COMPLIANCE WITH LCDP'S CONFLICT OF INTEREST POLICY. THE GENERAL COUNSEL REVIEWS ALL QUESTIONNAIRES AND DETERMINES TOGETHER WITH THE AUDIT COMMITTEE WHETHER A CONFLICT OF INTEREST IN FACT EXISTS. DURING THE JUNE 30, 2012 TAX YEAR, NO POTENTIAL NEW CONFLICTS WERE REPORTED. IN THE EVENT OF A POTENTIAL CONFLICT INVOLVING AN EXISTING OR ONGOING ACCOUNT, ARRANGEMENT, RELATIONSHIP OR TRANSACTION, THE AUDIT COMMITTEE OR THE BOARD REGULARLY EVALUATES THE BENEFITS AND APPROPRIATENESS OF THE ACCOUNT, ARRANGEMENT, RELATIONSHIP OR TRANSACTION TO ENSURE THAT IT HAS BEEN AND CONTINUES TO BE HANDLED WITHIN ACCEPTABLE STANDARDS OUTLINED IN THIS POLICY. $595,042 WAS PAID TO TISHMAN SPEYER TO REIMBURSE IT FOR THE SERVICES OF EMPLOYEES IT SECONDED TO LCDP TO COMPLETE THE REDEVELOPMENT PROJECTS. NO MARKUP WAS ADDED TO THE REIMBURSEMENT. THE BOARD CHAIR OF LCDP'S RELATED ORGANIZATION, LCPA, IS A SENIOR MANAGING DIRECTOR OF TISHMAN SPEYER. THIS ARRANGEMENT WAS APPROVED BY LCDP'S AUDIT COMMITTEE AS BEING BENEFICIAL TO LCDP, FURTHERING ITS CHARITABLE PURPOSE, AND NOT RESULTING IN PRIVATE INUREMENT, EXCESS BENEFIT TRANSACTION OR IMPERMISSIBLE PRIVATE BENEFIT UNDER LAWS APPLICABLE TO ORGANIZATIONS EXEMPT FROM FEDERAL INCOME TAX UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE. PETER DAVOREN, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF TURNER CONSTRUCTION COMPANY, IS THE BROTHER-IN-LAW OF KATHERINE FARLEY, THE CHAIR OF LCDP'S RELATED PARTY, LCPA, AND THE FORMER CHAIR OF LCDP'S BOARD. LCDP SELECTED TURNER CONSTRUCTION AS AN INDEPENDENT CONTRACTOR TO PERFORM DEVELOPMENT WORK FOR THE LINCOLN CENTER CAMPUS, AND NEGOTIATED THE FEE ARRANGEMENTS, BEFORE MS. FARLEY JOINED LCDP'S BOARD OF DIRECTORS IN 2005. MS. FARLEY DISCLOSED THE RELATIONSHIP PRIOR TO JOINING THE BOARD AND HAS MADE CONTINUING DISCLOSURES TO THE AUDIT COMMITTEES OF BOTH ENTITIES, WHICH HAVE CONCLUDED THAT THE ARRANGEMENT IS BENEFICIAL TO INSTITUTION, FURTHERING ITS CHARITABLE PURPOSES, AND NOT RESULTING IN PRIVATE INUREMENT, EXCESS BENEFIT TRANSACTION OR IMPERMISSIBLE PRIVATE BENEFIT UNDER LAWS APPLICABLE TO ORGANIZATIONS EXEMPT FROM FEDERAL INCOME TAX UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE.
COMPENSATION
FORM 990, PART VI, LINES 15A AND 15B
COMPENSATION TO LCDP'S EXECUTIVE DIRECTOR IS GOVERNED BY A CONTRACT EXECUTED IN 2007 AS AMENDED IN 2012. IN DETERMINING THE EXECUTIVE DIRECTOR'S COMPENSATION, LCDP RELIED ON A 2009 STUDY BY TOWERS PERRIN (AN INDEPENDENT COMPENSATION CONSULTANT) REGARDING EXECUTIVE COMPENSATION, AND ALSO OBTAINED INDUSTRY-WIDE COMPENSATION INFORMATION FOR PERSONS WITH SIMILAR RESPONSIBILITIES FROM ONE OF THE NATION'S LEADING REAL ESTATE AND CONSTRUCTION FIRMS. THE EXECUTIVE DIRECTOR IS INVOLVED IN THE COMPENSATION DETERMINATION FOR LCDP'S COO/CFO, OPERATING IN SUCH CAPACITY UNTIL 6/4/12. LCDP HAD NO EMPLOYEES WHO FELL WITHIN THE DEFINITION OF "KEY EMPLOYEES" DURING THE YEAR. COMPENSATION FOR THE CHIEF OPERATING OFFICER/CHIEF FINANCIAL OFFICER, OPERATING IN SUCH CAPACITY UNTIL 6/4/12, WAS DETERMINED BY THE EXECUTIVE DIRECTOR, BY REFERENCE TO COMPARABLE POSITIONS AT LINCOLN CENTER AND INDUSTRY-WIDE COMPENSATION INFORMATION FOR PERSONS WITH SIMILAR RESPONSIBILITIES. THE INDIVIDUALS INVOLVED IN ASSESSING AND DETERMINING COMPENSATION FOR THE EXECUTIVE DIRECTOR AND OFFICERS ARE NOT PERMITTED TO HAVE A CONFLICT OF INTEREST UNDER LCDP'S CONFLICT OF INTEREST POLICY. IN ADDITION, LCDP RETAINS RECORDS OF THE COMPENSATION PROCESS AND DECISIONS. THE EXECUTIVE DIRECTOR'S IS APPROVED BY THE BOARD.
DOCUMENT AVAILABILITY
FORM 990, PART VI, LINE 19
LCDP'S ANNUAL FINANCIAL STATEMENTS, FORM 990 AND OTHER GOVERNING DOCUMENTS ARE AVAILABLE UPON REQUEST.