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061-09BOARD OF SUPERVISORS RESOLUTION OF SUPPORT ECONOMIC DEVELOPMENT ACCESS ROAD FUNDS — Carroll Industrial Park & Ebert Road (State Route 837) At a regularly scheduled meeting of the Frederick County Board of Supervisors held on April 22, 2009 on a motion by Charles S. DeHaven, Jr. , seconded by Gary A. Lofton , the following resolution was adopted by a vote of to 0 WHEREAS, the Frederick County Board of Supervisors desires to facilitate the industrial development of property located in Frederick County; and WHEREAS, this property is expected to be the site of new private capital investment in land, building, and manufacturing equipment which will provide substantial employment; and WHEREAS, the existing public road network does not provide for adequate access to this property and it is deemed necessary that improvements be made to Ebert Road (Route 837); and WHEREAS, Frederick County hereby guarantees that the necessary environmental analysis, mitigation, and fee simple right of way for this improvement and utility relocations or adjustments, if necessary, will be provided at no cost to the Economic Development Access Fund; and WHEREAS, Frederick County acknowledges that the State Environmental Review Process (SERP) must be completed prior to any construction activity on this project as a condition of the use of the Economic Development Access Fund; and WHEREAS, Frederick County hereby guarantees that all ineligible project costs and all costs not justified by eligible capital outlay will be provided from sources other than those administered by the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED THAT: The Frederick County Board of Supervisors hereby requests that the Commonwealth Transportation Board provide Economic Development Access Program funding to provide an adequate road to this property; and BE IT FURTHER RESOLVED THAT: Frederick County hereby agrees to provide a surety or bond, acceptable to and payable to the Virginia Department of Transportation, in the full amount of the cost of the road; this surety shall be exercised by the Department of Transportation in the event that sufficient qualifying capital investment does not occur on parcels 43 -21 -1, 43 -21 -2, 43 -21 -3, 43 -21 -4 , 43 -21 -5, 43 -21 -6, 43 -21 -7, 43 -21 -8 and 43 -21 -9 , within five years of the Commonwealth Transportation Board's allocation of funds pursuant to this request. VOTE: Richard C. Shickle Aye Bill M. Ewing Ay e Gene E. Fisher Aye Philip A. Lemieux Aye Charles S. DeHaven, Jr. _Aye Gary A. Lofton A Gary W. Dove Aye John R. Mlpy, Jr., Nrk,Board of Supervisors, County o BOS Resolution #061 -09 WINCHESTER VA FREDERICK COUNTY VIRGINIA EDC DATE: April 20, 2009 TO: Frederick County Board of Supervisors FROM: Patrick Barker, Executive Director CC: John R. Riley, Jr., County Administrator RE: Resolution of Support for Economic Development Access Application for Ebert Road Attached for your review, comment and action is a draft Resolution of Support for Carroll Industrial Park's Application for Economic Development Access funds. The Virginia Department of Transportation (VDOT) administers the Economic Development Access Program. This program assists localities in providing adequate road access to new and expanding manufacturing and processing companies, research and development facilities, distribution centers, regional service centers, corporate headquarters, or other basic employers. The maximum award for an economic development access road is $300,000. However, the State will fund an additional $150,000 if the amount is matched on a dollar- for - dollar basis from - sources other than the Department of Transportation. The amount of the award is limited by the eligible capital investment of the company and the estimated cost of the access road. Based on the approved road plans, estimates are that $640,506.75 will be required to complete the work, including contingencies and CEI. This would include improving a quarter mile of a 2- lane road for that distance and adding a 500' turn lane at the US Rt I I intersection. The owners of Carroll Industrial Park are willing to post a surety bond of $190,506.75. The project will require some additional land from two property owners along Ebert Road. Both property owners have expressed a willingness to participate at no cost. They do reserve the right to withhold final commitment to the project until the actual needed amount of their property is determined. I would like to request that the resolution be placed on the agenda at the next BOS meeting. Approval of the resolution is time sensitive so the project can be included within VDOT's current fiscal year. Thanks for your help. I am available if you have any questions or comments on the materials for this project. Your Move. O ur C 45 East Boscawen Street ♦ Winchester: VA 22601 A 590 -665 -0973 A Fax 540- 722 -0604 A wwWwinva.com