Loading...
006-98 BOARD OF SUPERVISORS RESOLUTION Upon motion duly made by Richard C. Shickle, seconded by Charles W. Orndoff, Sr., and on the votes hereafter recorded, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, approved, by resolution, at their regular meeting on June 9, 1998, payment of$34,000 to the Frederick County IndustriaIDevelopment Authority from the Frederick County Economic Development Incentive Fund to assist in the site development for Zeigler Manufacturing Company, subject to an executed Memorandum of Understanding outlining a performance criteria ofthe county. BE IT FURTHER RESOLVED, that the Board of Supervisors of Frederick County, Virginia, does authorize the county administrator to execute this document on its behalf ADOPTED this 8th day of July 1998 by the following recorded vote: JamesL.Longerbeam Aye Robert M. Sager Aye Richard C. Shickle Aye Margaret B. Douglas Abstained W. Harrington Smith, Jr. Aye Charles W. Orndoff, Sr. Aye A COpy TESTE: /' RESOLUTION NO.: 006-98 COUNTY of FREDERICK Board of Supervisors 540/665-5666 540/667-0370 fax James L. Longerbeam - Chairman W. Harrington Smith, Jr. Shawnee District Robert M. Sager Opequon DistrictMEMORANDUM OF UNDERSTANDING Richard C. Shickle - Vice Chairman Charles W. Orndoff, Sr. Stonewall District Margaret B. Douglas Back Creek District THIS MEfv10RANDUM OF UNDERSTANDING, dated July 9, 1998, evidences the agreement among FREDERICK COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"), the INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "IDA"), the WINCHESTER & FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION, a joint commission of the City of Winchester and Frederick County, Virginia (the "Commission") and ZEIGLER MECHANICAL/ ELECTRICAL CONTRACTORS ("Zeigler") a Maryland Corporation, and RDJAM LIMITED PARTNERSHIP ("RDJAM") a Pennsylvania Partnership, regarding the location of a new service and manufacturing facility to be owned by RDJAM, leased and utilized by Zeigler in Frederick County, Virginia. Inducement To Locate. To induce Ziegler to locate its approximately 25,000 square foot facility (the "Facility") and thereby provide through Zeigler at least (15) jobs in Frederick County, Virginia by June 30, 2001, the County agrees to make a cash grant to the IDA in the amount of Thirty-four Thousand Dollars ($34,000) and that the IDA, in turn, shall make a cash grant to RDJAM in an identical amount for expansion into a new facility as an incentive to locate in Frederick County (and the IDA hereby agrees to do so) within sixty (60) days after the execution of this agreement. This grant shall be used by RDJAM for the purposes of payment for or reimbursement of (a) Site development costs, on the Site defined as 25.185 acres 107 North Kent Street. Winchester, Virginia 22601-5000 February 28, 1999. Time is of the essence of this Agreement. Nothing in this paragraph shall be interpreted to require the County to issue any permits (including a certificate of occupancy) unless and until all conditions for such permits have been met. Bindinq. This Memorandum of Understanding shall be binding upon and inure to the benefit of the parties and their respective successors upon the date of the acceptance of this Memorandum of Understanding. In the event Zeigler fails for any reason to remain located in Frederick County for a three year period, upon written demand of the IDA, RDJAM shall refund to the IDA such portion of the $34,000.00 grant as is proportionate to the time remaining in the three year period. For example, if Zeigler left the County at the two-year point, RDJAM would be obligated, upon demand by the IDA, to refund one-third of the $34,000.00, or $11,220.00. Also, if Zeigler fails to meet the following targeted objectives, RDJAM shall refund a proportionate amount of the grant funds for the respective time period of their failure: 1.) average annual employment levels of at least 125 employees over a three year period with 130 full time employees (30 hours or more) by June 30, 2001, or 2.) average annual machine and tool values at $55,000.00. For example, if Zeigler was to only employ an annual average of 110 people over the next three years, RDJAM would repay 12% of the grant, or $4,080.00. If Zeigler was to maintain an average annual machine and tool value of $25,000.00 over the next three years, RDJAM would only repay $15,450.00. These potential repayment amounts represent percentages of the agreed to thresholds stated above in this memorandum. This Agreement shall not be of the Stonewall Magisterial District, Frederick County, Virginia, fronting the eastern side of U.S. Route 11 and along the northern side of Virginia Secondary Road 668 and along the western side of the Martinsburg and Potomac Railroad, and on the northern side by what is now or was formerly lands of Hemingway Transport, Incorporated and (b) sewer capacity development. Conditions: The obligation of RDJAM to locate its Facility in Frederick County shall be subject to the following conditions: (a) The status of title and access to the Site, as described above, shall be satisfactory to RDJAM; (b) There shall be no environmental issues or problems or hazardous substances at, on, under or near the Site; (c) The surveys of the Site shall be satisfactory to RDJAM. (d) RDJAM shall secure private commercial lending at approximately $1,500,000.00 to acquire, construct and equip the Facility; (e) RDJAM shall have purchased the Site, described above, from the Owner; known as Olan and David Hott. (f) All incentives described herein shall be provided as and by when indicated; (g) There shall be no litigation, proceeding or investigation threatened or pending regarding the Site or this Memorandum of Understanding; Cooperation. The County and the Commission agree to cooperate with RDJAM , its architect, its equipment suppliers and its construction contractor in connection with helping RDJAM meet its construction deadlines so that the Facility is completed and a temporary Certificate of Occupancy is issued no later than assigned by any party. If RDJAM has not executed this Memorandum of Understanding by October 1, 1998, or has not begun the construction process for this project by December 1, 1998, this Memorandum of Understanding shall be null and void. INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA BY: /......6~~ C;~4.1 ~ J DATE: 7/?/TT FREDERICK COUNTY, VIRGINIA BY: WINCHESTER/FREDERICK COUNTY ECONOMIC DE COMMISSION ~ ~ /JU w.~-tf BY:. ~t-! ~ () DATE, ~ q/ I1CffJ RDJAM LIMITED PARTNERSHIP ~~b~./"~ ~~ ---- DATE: T..(.y "'~ /?78. ZEIGLER MECHANICAL/ELECTRICAL CONTRACTORS, INC. BY ~fffl/- DATE: ~'? 1, /'19 ~ INDUSTRIAL DEVELOPMENT AUTHORITY COUNTY OF FREDERICK VIRGINIA I RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA (540) 665-5666 Fax (540) 667-0370 WHEREAS, Zeigler Mechanica!-Electrical Contractors, Inc., a Maryland Cc"p0raUon, has expressed an interest in relocating and expanding its Frederick COL:nty operations to Route 11 North in Frederick County, Virginia, and has prcffered the following commitments: :. By September 30, 1999, (a) complete construction of a 25,000 sq. ft. bUilding per plans as approved by Frederick County; and (b) install $55,000 or more in new machinery and equipment. II. During the next three (3) years (Juiy 30, 1998 to July 30, 2001), (a) maintain average annual employment of one-hundred twent'y' five (125) or more, and (b) maintain machinery and equipment valued at $55,000.00 or more. WHEREAS, in addition to the above commitments, Zeigler Mechanical-Electrical Contract:)r, inc. has expressed its goal that the employment and machinery levels will be expanded by 2001, leading to the creation of an estimated 15 total new i additional johs, and WHEREAS, the Directors of the Industrial Development Authority of the County of Frederick find that the purchase and development by Zeigler of 25.185 acres of the St,)nevliC1l1 Magisterial District, the County of Frederick, Virginia, fronting the eastern side of U.S. Route 11 and along the northern side of Virginia Secondary Road 668 and along the western side of the Martinsburg and Potomac Railroad, and on the northern side by what is now or was formerly lands of Hemingway Transport, Incorporated, and in consideration of the above commitments, is appropriate and in furtherance of the purposes for which the Authority was created, and WHEREAS, an agreement prepared by the County Attorney was presented to the Directors, by which the Authority agrees to convey to the Corporation, $34,000.00 to be applied to site development and septic development fees affiliated with the above mentioned Site, in its development for suitable industrial habitation; NOW, THEREFORE, BE IT RESOLVED that the Agreement between the Industrial Development Authority of the County of Frederick, Virginia, Zeigler Mechanical-Electrical Contractors, Inc., and RDJAM. L.P is hereby confirmed and 107 North Kent Street, Winchester, Virginia 22601-5000 that said Agreement be, and it hereby is, approved as to form and content, and that the Chairman of the Board of the Industrial Development Authority, and the Secretary be, and they hereby are, authorized and empowered to execute the Agreement on behalf of the Industrial Development Authority of the County of Frederick, Virginia. This will certify that this is a true copy of a Resolution adopted by a majority of the Directors of the Industrial Development Authority of the County of Frederick, Virginia, on July 1, 1998.