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3-21-22 BOC Regular Meeting
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3-21-22 BOC Regular Meeting
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WHEREAS, the Grant is issued pursuant and subject to the provisions of the Local <br /> Development Act,North Carolina General Statute 158-7.1 through 7.4, including a public <br /> hearing which was held on September 8, 2021, and the Board took a vote to approve the <br /> incentive guidelines at its October 4, 2021 Regular Meeting, and <br /> NOW,THEREFORE, in consideration of the representations set forth herein and the <br /> mutual covenants and promises set forth below, the COMPANY agrees to the following: <br /> 1. TERM. The term of this agreement shall begin upon execution on and <br /> shall end on the 31'day of December 2027, unless sooner terminated pursuant to the <br /> provisions of the Agreement contained herein or extended by mutual agreement of the <br /> Parties. <br /> 2. PROJECT. The economic development project(hereinafter referred to as "Project") <br /> consists of building renovations and the purchase of new machinery and equipment to be <br /> installed in a manufacturing facility by the COMPANY in Lee County,North Carolina, <br /> which will have a cumulative initial projected net new ad valorem taxable investment <br /> (prior to depreciation)of at least $18,000,000.00(eighteen million dollars) and will <br /> create and maintain, as further described in paragraph 5, at least two hundred thirty-five <br /> (235)new full-time jobs at an average annual wage of at least fifty thousand, four <br /> hundred seventy dollars ($50,470.00), 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 North Carolina Corporation, authorized to do <br /> business in North Carolina and in good standing under the laws of the State of <br /> North 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 the <br /> execution and delivery of this Agreement. <br /> b. Neither the execution or delivery 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-Laws <br /> 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 a manufacturing <br /> operation at a facility within the COUNTY until the COUNTY receives the <br /> prospective tax revenues from the improvements on the property and the net new <br />
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