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Agenda - 10-15-2013 - 6a
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Agenda - 10-15-2013 - 6a
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6/12/2015 10:41:04 AM
Creation date
10/14/2013 9:32:11 AM
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BOCC
Date
10/15/2013
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
6a
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Minutes 10-15-2013
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2013
RES-2013-078 Resolution Authorizing a Performance-Based Inducement Grant Between Orange County & Morinaga America Foods, Inc
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2010-2019\2013
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Mebane Facility in Orange County, at least the equivalent of 90 full time employees in <br />accordance with "Exhibit A ". Ninety (90) new full time equivalent employees shall be <br />hired at the Mebane Facility pursuant to the terms of this Agreement. Employees <br />counted toward this total shall include only new employees of the Company employed <br />and located at Company's Mebane Facility in Orange County, provided such employees <br />are employed in Orange County on a full time basis. Employees of the Company will <br />be eligible to participate in Company sponsored health insurance programs. For <br />purposes of this section "90 full time equivalent employees" shall be defined as 90 <br />actively employed individuals and shall not include vacant positions for which the <br />Company is actively or otherwise recruiting. It is understood that vacancies occur and <br />that when such occur the Company will immediately, or as soon as is reasonably <br />possible thereafter, fill said vacancies. The mean wage of the 90 new full time <br />equivalent employees shall be, as of the last day of this Agreement, at the annual rate of <br />thirty-seven thousand nine hundred sixty -nine dollars ($37,969.00). <br />C. DEVELOPMENT GRANT PARTICIPATION: Where applicable, the Company agrees to <br />partner, through the commitment to create new jobs, with Orange County and other applicable <br />agencies to apply for development grants that will improve and/or add water, sewer, road or <br />other necessary infrastructure in order to facilitate the successful completion of this project. The <br />Company agrees to meet with program representatives, and to participate in the grant request <br />process as necessary to secure the required funding. <br />D. GUARANTEED MINIMUM LEVEL OF PERFORMANCE: The Company agrees that its <br />minimum level of performance pursuant to this Agreement shall be as set out in this Section 2. <br />Furthermore, Company agrees that failure to meet the minimum level of new employment as <br />reflected in Section 2B shall entitle the County to reductions in inducement installments paid to <br />the Company in an amount of four hundred fifty dollars ($450.00) per employee not hired as <br />reflected in Exhibit A. Company further agrees that failure to meet the minimum level of direct <br />investment as reflected in Section 2A shall entitle County to pro rata reductions in inducement <br />installments paid to the Company as set out in Section 3. It is agreed and understood by the <br />parties hereto that the failure of the Company to meet the level of performance with respect <br />to minimum level of investment or minimum level of new employment as specified herein <br />shall not be considered a breach of this Agreement. <br />E. STATUTORY COMPLIANCE: The Company understands that the County's participation is <br />contingent upon authority found in North Carolina General Statute 158 -7.1 and other relevant <br />North Carolina General Statutes and that should such statutory authority be withdrawn by the <br />North Carolina General Assembly County may terminate this Agreement without penalty to <br />County and without further compliance with this Agreement. <br />3. INDUCEMENT PACKAGE <br />A. COUNTY INDUCEMENT GRANT: Subject to Section 2A3 the County, upon execution of <br />this Agreement, shall provide to the Company an inducement to offset Facility development, <br />expansion, and acquisition costs in an amount estimated at One Million Ninety -three Thousand <br />Nine Hundred Fifty Dollars ($1,093,950) payable in five installments of approximately Two <br />Hundred Eighteen Thousand Seven Hundred Ninety Dollars ($218,790) over a five year period. <br />The first installment shall occur on August 1, 2015 upon receipt of proof, as described in <br />2054461.2 <br />21896 -200 Page 4 of 12 <br />
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