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SEMINOLE COUNTY /CITY OF SANFORD
JOBS GROWTH INCENTIVE PROGRAM FUNDING AGREEMENT
(THE FATHER'S TABLE, LLC)
THIS INTERLOCAL AGREEMENT is made and entered into this ? day
of ��,� 20 , by and between SEMINOLE COUNTY,
a political subdivision of the State of Florida, whose address is
Seminole County Services Building, 1101 East First Street, Sanford,
Florida 32771, hereinafter referred to as "COUNTY," and the CITY OF
SANFORD, a Florida municipal corporation, whose address is 300 N. Park
Avenue, Sanford, Florida 32771, hereinafter referred to as "CITY ".
W I T N E S S E T H:
WHEREAS, it is the policy of COUNTY and CITY to aggressively
stimulate economic growth in Seminole County and the City of Sanford
by, among other things, either attracting new business or encouraging
the expansion of existing .busi - xess within their respective
jurisdictions; and
WHEREAS, the creation of new employment opportunities for
residents of Seminole County and the City of Sanford and the increased
tax revenues resulting from business expansion are beneficial to the
sustained health of the local economy; and
WHEREAS, CITY and COUNTY have determined that offering a Jobs
Growth Incentive Program encourages both existing business to expand
and new business to locate resulting in diverse positive employment
opportunities for the residents of Seminole County and the City of
Sanford; and
Jobs Growth Incentive Program Funding Agreement
City of Sanford (The Fathers Table)
Page 1 of 6
CERTIFIED ,COPY
MARYANNE MORSE
CLERK OF CIRCUIT COURT
SEMMOLE COUNTY, FLORIDA
eY �CLE Or�DEP U
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WHEREAS, CITY and COUNTY have enacted Jobs Growth Incentive
Ordinances and have the fiscal capacity to conduct and accomplish the
programs relating thereto; and
WHEREAS, THE FATHER'S TABLE, LLC, hereinafter referred to as
"COMPANY ", will expand its business in Seminole County and the City of
Sanford and thereby create certain full -time employment opportunities
at a certain average salary level and make certain capital investments
all in accordance with COUNTY's Economic Development Strategy,
COUNTY's Economic Development Element, COMPANY's Jobs Growth Incentive
Grant Application, and COUNTY's Jobs Growth Incentive Ordinance; and
WHEREAS, COMPANY is proposing the renovation of a current
facility, and leasing and renovation of a new additional facility, at
locations in Seminole County at an approximate cost of TWO MILLION
FIVE HUNDRED THOUSAND AND NO 1100: DOLLARS ($2,500,000.00), which sum
represents a significant capital investment; and
WHEREAS, the new jobs created and capital investment made by
COMPANY will make the project economically viable in terms of COUNTY's
and the CITY's economic development; and
WHEREAS, COMPANY is eligible to receive Job Growth Incentive
Grants from COUNTY and CITY; and
WHEREAS, COUNTY and CITY find and declare that it is in the
public's best interest and serves a public purpose to award a grant
and /or other assistance to COMPANY pursuant to the terms of this
Agreement; and
Jobs Growth Incentive Program Funding Agreement
City of Sanford (The Fathers Table)
Page 2 of 6
WHEREAS, COUNTY and CITY desire to enter into this Agreement for
the purpose of facilitating the payment of COUNTY and CITY funds to
COMPANY under a Jobs Growth Incentive Grant,
NOW, THEREFORE, in consideration of the premises and mutual
covenants hereinafter contained and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties do hereby covenant and agree as follows:
1. Pursuant to its Jobs Growth Incentive Program Agreement
with COMPANY, COUNTY agrees to pay to COMPANY the total sum of SIXTY
THOUSAND AND NO 1100 DOLLARS ($60,000.00) upon COMPANY's fulfillment of
certain conditions as expressed in said Agreement.
2. CITY agrees to pay to COUNTY the sum of THIRTY THOUSAND AND
NO 1100 DOLLARS ($30,000.00) as its portion of the Jobs Growth
Incentive Grant for the COMPANY." Said sum shall be paid to COUNTY no
later than thirty (30) days after COUNTY's verification to CITY that
COMPANY has fulfilled all conditions necessary to qualify for COUNTY's
Jobs Growth Incentive Grant.
3. COUNTY agrees to provide CITY with copies of all annual
reports and other documents provided to COUNTY by COMPANY pursuant to
COUNTY's Agreement with COMPANY, and further, COUNTY agrees to notify
CITY when COMPANY has satisfied all of its obligations to CITY and
COUNTY under COUNTY's Jobs Growth Incentive Program Agreement with
COMPANY.
4. In the event of COMPANY's default in its Agreement with
COUNTY, all monetary recoverables shall become the sole property of
Jobs Growth Incentive Program Funding Agreement
City of Sanford (The Fathers Table)
Page 3 of 6
COUNTY, and COUNTY shall refund fifty percent (50 %) of those
recoverables to CITY.
5. (a) Each party to this Agreement is responsible for all
personal injury and property damage attributable to the negligent acts
or omissions arising out of this Agreement of that party and the
officers, employees, and agents thereof.
(b) The parties further agree that nothing contained
herein shall be construed or interpreted as denying to any party any
remedy or defense available to such parties under the laws of the
State of Florida, nor as a waiver of sovereign immunity of COUNTY and
CITY beyond the waiver provided for in Section 768.28, Florida
Statutes.
(c) The waiver of a provision herein by either party shall
not constitute the further waiver )f" said provision or the waiver of
any other provision.
6. Neither party to this Agreement shall assign this
Agreement, nor any interest arising herein, without the written
consent of the other.
7. (a) It is understood and agreed that the entire agreement
of the parties is contained herein and that this Agreement supersedes
all oral agreements and negotiations between the parties relating to
the subject matter hereof as well as any previous agreements presently
in effect between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of
the provisions of this Agreement shall be valid only when expressed in
writing and duly signed by the parties.
Jobs Growth Incentive Program Funding Agreement
City of Sanford (The Fathers Table)
Page 4 of 6
8. In providing all services pursuant to this Agreement, the
parties shall abide by all statues, ordinances, rules, and regulations
pertaining to or regulating the provisions of such services including
those now in effect and hereafter adopted. Any violation of said
statutes, ordinances, rules, or regulations shall constitute a
material breach of this Agreement and shall entitle COUNTY to
terminate this Agreement immediately upon delivery of written notice
of termination to CITY as provided hereinabove.
9. (a) The parties agree that they will not engage in any
action that would create a conflict of interest in the performance of
their obligations pursuant to this Agreement or which would violate or
cause others to violate the provisions of Part III, Chapter 112,
Florida Statutes, relating to ethics, in government.
(b) The parties hereby,crtify that no officer, agent, or
employee of COUNTY or CITY has any material interest (as defined in
Section 112.312(15), Florida Statutes, as over 5 percent) either
directly or indirectly in the business to be conducted here, and that
no such person shall have any such interest at any time during the
term of this Agreement.
(c) Pursuant to Section 216.347, Florida Statutes, the
parties hereby agree that monies received by COUNTY pursuant to this
Agreement will not be used for the purpose of lobbying the legislature
or any other State or Federal agency.
IN WITNESS WHEREOF, the parties to this Agreement have caused
their names to be affixed hereto by the proper officers thereof for
the purposed herein expressed on the day and year first above written.
Jobs Growth Incentive Program Funding Agreement
city of Sanford (The Fathers Table)
Page 5 of 6
ATTEST:
JANET R. DOUGHE TY, Ci y Clerk
CITY OF SANFORD
By: `--- --�t- �'
LINDA KTIHN, Mayor
Approved as to form and Date:
legal sufficiency. .4 ,
WILLIAM L. COLBERT
City Attor ey
�Onlnl /� /� Csn�t1
ATTEST:
MARYM NE MORSE
Clerk to the Board of
County Commissioners of
Seminole County, Florid
Approved as to form and
legal sufficiency.
BOARD OF
SEMILA?tV
SSIONERS
BOB DALLARI, Chairman
Date:
Asauthorized for execution
by Board f Coun y Commissioners
at their Lw 20
'
regular meet g.
County Attorney /
AEC /lpk
5/20/09
P: \Users \Legal Secretary CSB \Economic Development \JGI Sanford The Fathers Table.docx
Jobs Growth Incentive Program Funding Agreement
City of Sanford (The Fathers Table)
Page 6 of 6