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HomeMy WebLinkAbout2009-084 EDC - Utility Extension Fund Agreement and Taylor Fish Farmsdl~ ~a~a~la~~ ~-~-~ ATTACHMENT 3 (EXHIBIT A) NORTH CAROLINA Utility Extension Fund Agreement ORANGE COUNTY This agreement made and entered into this the ~~day of October, 2009 by and among Orange County, a body politic and corporate of the fate of North Carolina (appearing hereinafter as "County"), and Taylor Fish Farms, a North Carolina General Partnership licensed to do business within the United States and North Carolina. (appearing hereinafter as "Partnership"). WITNESSETH THAT WHEREAS, the Partnership is in the business of breeding and raising premium quality fresh fish for the wholesale market and operates an aquaculture facility in Orange County WHEREAS, the Partnership has made substantial expenditures on water, sewer, and electric service infrastructure to upgrade its aquaculture facility; and WHEREAS, Orange County has established a "Utility Extension Fund Program" ("Fund") intended to be a revolving fund used to address the utility needs of small businesses and encourage economic development in the County. A portion of the higher property taxes paid by the businesses will be used to replenish the Fund. WHEREAS, Orange County has agreed to provide funds to cover part of the costs incurred by the Partnership to extend the utility infrastructure on the farm. A portion of the resulting increase in the Partnership's property tax revenue will be directed to the Fund. WHEREAS, the Partnership has agreed to meet and continue meeting the living wage requirements and other terms and conditions set forth herein; NOW, THEREFORE, the parties hereto in consideration of these mutual covenants and agreements passing from each to the other do hereby agree as follows: I. COUNTY COMMITMENT (1.) The County acknowledges: (a) The project is currently zoned AR (Agricultural Residential), which allows for a bona fide farm operation. (b) The project has improved job opportunities for Orange County citizens in that the Partnership currently employs three permanent full time employees and employs approximately five seasonal employees during harvesting times. (c) The project provides jobs that comply with Orange County living wage standards. (d) The improvements made by the Partnership to its property in constructing the aquaculture facility have increased the taxable property value from $5,916.00 to $193,762. and that this provides a positive fiscal impact to Orange County. (2.) The total County commitment to the Partnership from the Utility Extension Fund shall not exceed $9,447.00. This payment shall be made to the Partnership within thirty (30) days of the Partnership providing such evidence as may be necessary in the County's sole discretion, to show that they have completed all work necessary to upgrade the water, sewer, and electrical system improvements as contemplated herein, and that such work was properly permitted and is Orange County and North Carolina Code compliant. II. PARTNERSHIP COMMITMENT (1.) The Partnership agrees to seek compliance with or remain in compliance with the Orange County Zoning Ordinance; to continue its efforts to employ Orange County citizens; to maintain wage rates that comply with Orange County living wage standards; (2.) The Partnership shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. (3.) The Partnership agrees to provide all documentation and evidence requested by the County, sufficient to establish that it has completed the work of upgrading the water, sewer, and electrical systems at the aquaculture facility, that such work was properly permitted, and that such work is in compliance with applicable Orange County and North Carolina. Code. III. REMEDY If Orange County determines that the Partnership does not meet ancUor maintain the terms set forth in this Agreement, the County shall provide the Partnership written notice of the violation. The Partnership shall have thirty (30) days from date of notice to cure the breach to the County' satisfaction or reimburse the County the full amount of the disbursement from the Utility Extension Fund. IV. AMENDMENT This Agreement may not be amended orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives of the County and the Partnership. V. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that the Agreement constitutes the complete and exclusive statement of the agreement between the parties. VI. NONASSIGNMENT The Partnership shall not make any assignment of this Agreement (including rights to payments) without the prior written consent of the County. VII. SEVERABILITY If any term or provision of this Agreement is held to be illegal, invalid, or unenforceable, the legality, validity, or enforceability of the remaining terms, or provisions of this Agreement shall not be affected thereby; and in lieu of such illegal, invalid or unenforceable term or provision, there shall be added by mutual agreement to this Agreement, a legal, valid, or enforceable term or provision, as similar as possible to the term or provision declared illegal, invalid, or unenforceable. All appropriations and expenditures pursuant to this agreement shall be subject to the provisions of the Local Government Budget and Fiscal Control acts of the North Carolina General Statutes for cities and counties and shall be listed in the annual report submitted to the Local Government Commission. IX. GOVERNING LAWS This Agreement shall be governed and construed by the Laws of the State of North Carolina. X. MISCELLANEOUS This Agreement shall not render either of the Parties an employee, partner, agent of, or joint venturer with the other Party for any purpose. IN WITNE5S WHEREOF, Orange County and Taylor Fish Farm have caused this Utility Extension Fund Agreement to be executed in their respective Corporate names and the respective corporate seals to be hereunto affixed and attested by their duly authorized officers, all as of the date first above written. Behalf of: Date Taylor Fish Farm 3237 Lo me Road ~ 1, ~' Valerie . Foushee, hair ate Orange Count Board of Commissioners oved as to tec cal content: w c/w- Broadwell, D artment Dire Approved as to form and legal sufficiency: L. Roberts, County Attorney c < <~ ~ ~ Attest: Donna Baker ate Hate: '~/°~ T : ~OB Date: l ~ l~ OQ This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Date: l~ ~ ~ ,Finance Officer