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2. Project. The economic development project (hereinafter "Project") consists of the <br />Company purchasing new machinery and equipment for its existing building in Lee <br />County, North Carolina, which will have a cumulative initial ad valorem taxable <br />investment (prior to depreciation) of at least thirty-seven million, two hundred <br />thousand dollars ($37,200,000.00) and will create and maintain, as further described <br />in paragraph 5, at least sixty-six (66) New Jobs at an average annual wage of <br />$39,303.00, as further described herein. <br />3. Representations by the Company. The Company makes the following <br />representations as the basis for the undertakings on its part herein contained: <br />a. The Company is a state of Delaware corporation authorized to do business in <br />North Carolina and in good standing under the laws of the State of North <br />Carolina. The Company has the power and authority to enter into this <br />Agreement, to perform its obligations under and consummate the transaction <br />contemplated by this Agreement, and has by proper action duly authorized <br />execution and delivery of this Agreement. <br />b. Neither the execution or deliver of this Agreement nor the performance of the <br />obligations under or consummation of the transactions contemplated by this <br />Agreement violates or will violate any law or governmental order, conflicts or <br />will conflict with any provisions of the Articles of Incorporation or the By - <br />Laws of the Company or any material term or provision of any agreement or <br />instrument to which the Company is a party or by which it is bound, or <br />constitutes or will constitute a material breach of or a default under any such <br />agreement or instrument. <br />c. The Company presently intends to operate the Project as an industrial <br />manufacturing operation at a facility within the County until the County <br />receives the prospective tax revenues from the improvements on the property <br />and until the Company creates sixty-six New Jobs to be maintained through <br />the end of the Incentive Period as set forth in Paragraph I of this Agreement, <br />all conditions of which were contemplated in arriving at the consideration that <br />it receives pursuant to this Agreement. <br />d. The Company hereby certifies that without the incentives provided by the <br />County, it would not be able to conduct the Project in the County. <br />e. The Company has been informed and understands that reimbursement will be <br />made only for the New Jobs created at an average annual wage rate stated <br />herein and verifiable investment -through an increase in taxable property and <br />machinery -on or after the execution of this document, as is further agreed to <br />herein. <br />f. The Company covenants and agrees to pay the taxes, create the New Jobs at <br />the average annual wage rate, make the taxable investment, and maintain two <br />hundred and twenty-four current jobs, all of which are the subject of this <br />Agreement, in accordance with the purposes and/or under the restrictions and <br />covenants as set forth herein. <br />