Agenda Package - 01-31-11 - Laserfiche WebLink

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609 • FORM COMPANY PERFORMANCE AGREEMENT THE ONE NORTH CAROLINA FUND STATE OF NORTH CAROLINA COUNTY OF WAKE PERFORIINIAN'CE AGREFIM1IFINT This [lei rformance Aereement (`Aurrcmcnt "), cilcctivr dle 3111 dac of August, 2010(tLe LffcChi c Ustc "), by and bct��cun Caterpillar 9nc. a Delaware corporation authorized to do business ill North Carolina (the "Company "). Caterpillar Logistics Services, Inc., a Delaware cotpuration euthorizcd to do business in North Carolina (the "Related Member Pam"), and Count) of Lee, North Carolina (the - Applicant`): EVITNESSE "Ill: WHEREAS, the Applicant has applied fora One Nonh Carolina Fund grant from the North Caroling Department of Commerce (the "DOC'): and �YII EREAS, a One North Carolina fund grant award in the amount of Six I land red'1 houstuld Dnllnrs (5600.000.00) (the Grant ") has been ne ^_ and a-corccd to by all parties: laid W HERI >AC. the Grant has been apprmeri I)% DO( p n rim to n (lne Nnrth Carolina Fund Local Government Gant Agieemem kith the Applicant ([tic "I,G(;A "); and s,VHEREAS, tire Contpanv has also received o Job Development Imesiment Grant Award 1 "JUIG') for the Project (defined below), from the North Carolina Economic invcsuncnt Cuuuni0cu, which 1DI6 uwiad is govemed b� the terms of a Community Economic Development Agreement, dated cflective August S. 2010 (the 'CLD,A "j; WHEREAS, the Colnpanv intends to ereatejobs and imesunenl in North Carolina; and WHEREAS. the Grant is to be used by the C'umpini toward the goal of creatin, three hundred tN,cnt_v iwc (325)pcnnnncnt full -Iim.c new jobs in North Cat u l ina but wecn the Eflective Date and Dece in [let 31, 201.1 (the "Neo• Jobs ), with a lninin om of two hundred forte tour (2 of the Necv lobs to be created by December 31, 2013(the period Gom the Ef fecuve [)ate through December 31. 2013, the `Grant Eli Perio("); and Iwo hundred ninety three (293) of the New lobs to be created b% December 3 1. 2014, and maintained al least through December 31, 2015. in order In retain file full Grant ;nuou it (the period Coln the Lllcctive Date through December 31, 2015, the `Giant Performance Period"); W'IIERb:AS, the (31.1111 is In be used o mnrd the Anal ofrrcalin I T "enly F.i -hl Million - hhice Hundi - A I hmtsond Dollars (S28,300,000.00) in new invcsuncnt in the Slate of Nonh Carolina, by DCcCmbcr 31, '_01_: and FYI IFRFAS, the (irinl is ncecssan to enable inec >ml,n1 and jab oration hq the Coll Ipanr to Occur lu Nonh C:uolina: and WHEREAS. the Grau rill slnnulate rconumic activity and create new lobs fOr the e wcins n! the State o'. North C(nolina: • C'crrrnilr'ry fur. =1.;; Coma; Ucr ;Fm'th (�nru7inr. Fwul ,I � r-r. mm�r l.4- ` -s'i) i il: