1327 Roses SE Papers Jobs IncemtiveTRANSMITTAL MEMORANDUM
MEMnRANCDLIM
TO: City Clerk
RE: Request for Services
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
/'ice
Development Order
Final Plat (original mylars)
Letter of Credit
Maintenance Bond
Ordinance
Performance Bond
Resolution
Once completed, please:
❑ Return original
[g Return copy
El
Special Instructions:
Executed Roses Paper Incentive Agreement
❑ Mayor's signature
. /LArV JZ Recording
9
Q Safe keeping (Vault)
Please advise if you have any questions regarding the above.
Thank you!
Bob Tunis, Economic Development Director
Date: September 3, 2010
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DOCUMENT" APPROVAL
Contract/Agreement Name
Approval:
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SEMINOLE COUNTY /CITY OF SANFORD
JOBS GROWTH INCENTIVE PROGRAM FUNDING AGREEMENT
(ROSES SOUTHEAST PAPERS, LLC)
THIS INTERLOCAL AGREEMENT is made and entered into this ;I lf — day
of , 2010, 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 North
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 business 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
CERTIFIED COPY
MARYANNE M0; :C
CLERK OF CJr!J:T �;�•'; T
Y "I OLE CQJIWX FLC +
Jobs Growth Incentive Program Funding Agreement �.
City of Sanford (Roses Southeast Papers)
REPU Y IERK
Page 1 of 6
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, ROSES SOUTHEAST PAPERS, 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 and expansion of a
current facility in Seminole County at an approximate cost of SEVEN
MILLION TWO HUNDRED THOUSAND AND N01100 DOLLARS ($7,200,000.00), 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
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,
Jobs Growth Incentive Program Funding Agreement
City of Sanford (Roses Southeast Papers)
Page 2 of 6
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 ONE
HUNDRED THOUSAND AND N01100 DOLLARS ($100,000.00) upon COMPANY's
fulfillment of certain conditions as expressed in said Agreement.
2. CITY agrees to pay to COUNTY the sum of FIFTY THOUSAND AND
N01100 DOLLARS ($50,000.00) 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
COUNTY, and COUNTY shall refund fifty percent (500) of those
recoverables to CITY.
S. (a) Each party to this Agreement is responsible for all
personal injury and property damage attributable to the negligent acts
Jobs Growth Incentive Program Funding Agreement
City of Sanford (Roses Southeast Papers)
Page 3 of 6
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 of 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.
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
Jobs Growth Incentive Program Funding Agreement
City of Sanford (Roses Southeast Papers)
Page 4 of 6
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 certify 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.
ATTEST:
Q -6 C Aw c
JANET R. DOUCHE Y, CitUy Clerk
CITY OFr'SANFORD
LINDA KU N, Mayor
Date: � va f l [1
City Attor
Jobs Growth Incentive Program Funding Agreement
City of Sanford (Roses Southeast Papers)
Page 5 of 6
Approved as to form and
Jobs Growth Incentive Program Funding Agreement
City of Sanford (Roses Southeast Papers)
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BOARD OF COUNTY CO SSIONERS
ATTEST:
SEMINO 0 IDA
By:
Depu
MARYANNE MORS
BOB ALLARI, airman
Clerk to the of
Co unty Commissrs of
Seminole County, Florida.
Date: (1 /d
For the use and reliance
As authorized for execution by the Board
of Seminole County only.
of County Commissioners at its
2010, regular meeting.
Approved as to form and
lega ff'
County Attorney
AEC /dre /
3/30/10
P: \Users \Legal Secretary CSB \Economic
Development \JGI Sanford Roses Southeast.docx
Jobs Growth Incentive Program Funding Agreement
City of Sanford (Roses Southeast Papers)
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