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Economic Development Funding Agreement City of Salina Economic Development Grant Offer and Agreement Offer This agreement entered into on the 21 st day of June, 2010 is made by and between the City of Salina, Kansas, 300 West Ash Street, Salina, KS, herein called the "City", and Philips Lighting Company, whose address is 3861 S. Ninth, Salina, Kansas, herein called the "Grantee." WHEREAS, Grantee recently submitted a request for economic development incentive funding from the City for the purpose of funding capital equipment and facility modifications fot three independent projects (project LIDO, Project R&D Lab and Project Star); and WHEREAS, collectively these projects are proposed to result in stimulated economic activity in the community through up to $3.2 million in capital investment and the addition of up to twenty-two (22) full-time jobs, including wage levels that exceed the Saline County average for similar positions; and WHEREAS, the City's Salina Economic Development Incentives Council (SEDIC) reviewed Grantee's application and recommended to the Salina City Commission the granting ofa total not to exceed $150,000 in City economic development sales tax funds for Grantee's project; and WHEREAS, on June 21,2010, the Salina City Commission approved the expenditure of up to $150,000 as an economic development grant for Grantee's projects, consisting of the following: Project LIDO: This project would add an additional draw line to the glass furnace and allow the facility to make more of their own glass components for their lamp manufacturing operation. The first project is proposed to add five (5) manufacturing positions to the facility. Completion of the project is reliant upon cost assistance with equipment acquisition, delivery and installation and related building, electrical and utility modifications. Project R&D Lab: This project would relocate a research and development lab, enabling consolidation opportunities. This project is proposed to add eight (8) employees, to include a lab manager and other lab technicians. Completion ofthe project is reliant upon cost assistance with construction of the laboratory, HV AC and building modifications and related llib equipment. Project Star: This project involves a global consolidation process to improve overall manufacturing efficiency and effectiveness of current functions. This proposed project is proposed to add nine (9) additional manufacturing jobs in Salina (8 hourly production jobs and 1 engineering support position). Completion of this project is reliant upon cost assistance with transporting and re-installation of existing equipment, and utility and building modifications. NOW THEREFORE, pursuant to City of Salina appropriations authority and in consideration of the Grantee's acceptance of this offer, and the benefits to accrue to the City of Salina and the public from the accomplishment of the project and compliance with the assurances and conditions as herein provided, the City of Salina hereby offers and agrees to pay a total not to exceed $150,000 as the City's share of allowable costs incurred in accomplishing these specific projects. This offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation ofthe City of Salina under this offer shall be $150,000 and each of the Grantee's development projects shall be reviewed for compliance independently and proportionately to proposed job growth estimates. 2. Grantor shall request the Salina Area Chamber of Commerce to certifY specifically authorized project components and related costs as associated with each ofthe three proposed economic development projects prior to such purchase, delivery, installation and/or modification. 3. Payment ofthe City's share ofthe allowable project equipment and facility modification costs as detailed in this Agreement will be made pursuant to paid invoices submitted to the City by Grantee. Grantee may request multiple drawdowns of grant funds. Grantee shall request Salina Area Chamber of Commerce certification as to the purchase and receipt of the requested equipment and facility modification costs referred to herein, as compared to those project components/costs previously certified. The Grantee will also request Salina Area Chamber of Commerce certification that eligible project equipment has been received, installed and ready for use; and that related facility modifications have been completed. 4. Grantee agrees not to resell or dispose of project equipment for a period of five (5) years without the written permission of the City. 5. The project shall be complete within eighteen (18) calendar months from the execution date of the Agreement. 6. Grantee shall use every reasonable effort to meet the job creation estimate of twenty- two (22) new jobs within eighteen (18) months from the execution date of the Agreement. 7. The official contact for the City is: Lieu Ann Elsey City Clerk 300 West Ash, P.O. Box 736 Salina, KS 67401 785-309-5735 (0) 785-309-5738 (F) L ieuAnn.E Isev@Sa1ina.org 8. The official contact for the Grantee is: Dan Mendicina Salina Plant Director Philips Lighting Center 3861 S. Ninth St. Salina, KS Phone (785)-822-1517 dan.mendicina@philips.com The Grantee's acceptance of this offer, ratification and adoption of the project memo incorporated herein shall be evidenced by execution of this agreement by the Grantee, and the offer and agreement shall comprise a Grant Agreement. Such Grant Agreement shall become effective upon the Grantee's acceptance ofthe offer. City of Salina Attest: Acceptance The Grantee does hereby ratify and adopt all assurances, statements, representations, warranties, covenants and agreements contained in the project information memo and incorporated materials referred to in the foregoing offer and does hereby accept the offer, by such acceptance, agrees to comply with all of the terms and conditions in the Offer and in the project application letter. J,,"1 Evidenced this /3 day of ~ 2010 Philips Lighting Company of Salina By Title ~Cll.\"~ ~\_+ ~r...c:\"_ Atte~ -- Title: PtAvr.~ r~//t<