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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 1 TADept_ forms \City Clerk Transmittal Memo - Z:c ,? -1 D F� 0�1 DOCUMENT" APPROVAL Contract/Agreement Name Approval: Department Dire Finance Dire or qh,x/ Date Date -C (, 3i �to 4x mor4 Date r +� 3 ( 1 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) Page 6 of 6 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) Page 6 of 6