TOWNI MANAGER Ken Deal TOWN CLERK Pamela! Mills TOWN ATTORNEY Tom Brooke MAYOR Charles Seaford TOWN COUNCIL Don Bringle Arthur Heggins Brandonl Linn Rodney Phillips Steve Stroud TOWN OF CHINA GROVE Special Meeting of the China Grove Town Council Tuesday, November 16#,2021 China Grove' Town Hall China Grove, North Carolina 4:00 p.m. 4:00p.m. CALLTOORDER I) Pledge of Allegiance II) Roll Call III) Adopt the Agenda PUBLICHEARING I) ADJOURN Mayor Seaford 4:05P.M. 4:45p p.m. Public Hearing & Presentation- EDC *Project Bishop' 333 N Main Street, China Grove, NC: 28023 I Phone (704)857-2466 I Fax(704)855-1855 "In accordance with Federal luw and U.S. Department of Agriculture policy, this institution is prohibited from discrimnating on the basis of ruce, color, nationale origin, age, disability. religion, sex. fumilial status, serual orientation. and reprisal. (Not all prohibited bases apply to all programs)." MEMORANDUM To: From: Date: RE: Mayor and Council Members Pamela Mills, CMC Town Clerk November 16, 2021 Public Hearing & Presentation - EDC Project Bishop' The Rowan EDC will give a presentation regarding an incentive request for The company behind Project Bishop' is considering China Grove as a potential location for their new facility. If China Grove were chosen, the project would create 1,000 jobs over the next three years. The company also estimates that it will invest approximately $400 million in new construction Project Bishop.' and equipment. November 4, 2021 ROWANEDC PARTNERSHIPforECONOMIC DEVELOPMENT SALISBURY, NC Bean original. ECONOMIC IMPACT SUMMARY SUMMARY OF PROPOSED LOCATION OF PROJECT BISHOP IN CHINA GROVE CHINAGROVE Come GrowwithUs ROWANEDC PARTNERSHIP for ECONOMIC DEVELOPMENT SALISBURY,NC Be an original. November 4, 2021 The Honorable Charles Seaford China Grove Town Council Members 3331 North Main Street China Grove, NC 28023 Re: Summary of Proposed Location of Project Bishop in China Grove Dear Mayor Seaford and Council Members: On behalfo ofyour Economic Development Council, please allow me to present toy you this We are optimistic that, with your support, this project will reach as successful conclusion, creating new employment and expanding the nonresidential tax base in China Grove. This document addresses the primary drivers and impacts of the project and is designed to provide you the We sincerely hope that you find this document a useful resource as you consider this matter. We have expended substantial efforts to gather the most relevant information possible regarding the Int the preparation oft this document, we. have strived to utilize factual data and realistic projections. Itis our intent that this document serves as a resource. as you deliberate potential Please do not hesitate to contact our offices with any questions you may have regarding this summary oft the proposed location of Project Bishop in China Grove. information necessary to consider their request for assistance. potential impacts this project could have on the Town and its citizens. actions. matter. We look forward to your feedback. Sincerely, Scett Shelt Scott Shelton Vice President Contents 1. Project Description 2. Regulatory Approval Process 3. Requested Assistance 4. Model ofTown Revenue- - 10 Year Horizon 5. Additional Project Impact 6. Closing 7. Draft Incentive Agreement 1.Project Description About The Company The company behind Project Bishop is an online retailer that offers thousands of products to its customers and serves them from warehouses and fulfillment centers located throughout the United States. The Proposed Project Project Bishop is evaluating locations to establish a new eCommerce Fulfillment Center facility within IfChina Grove were chosen, the company would create 1,000 new. jobs over the next three years. Approximately 900 ofthese new. jobs would be fulfillment-related positions. The remaining. jobs would The company would also invest approximately $400 million into the project through the construction ofa new facility and the installation of major equipment. The majority of these improvements would be The property under consideration for Project Bishop is currently located outside oft the Town of China Grove municipal limits. Itis our understanding that aj petition for voluntary annexation oft the property the southeastern region oft the United States. be comprised ofs supervisory and administrative positions. completed by early 2024. into China Grove will be submitted by the owner. 2.Regulatory. Approval Process There does not appear to be any regulatory barriers to this project moving forward. The company will work with both China Grove and Rowan County staff to navigate the appropriate review and permitting process. There are no components oft the proposed project that appear outside the normal scope of operations for these types of facilities. 3.Requested Assistance Economic Development Investment Policy Under China Grove's adopted Economic Development Investment Policy the Town may, on a case-by- case basis, offeri incentives in order to recruit new business facilities and retain expansions of existing companies. When deciding to offer incentives, the Town will weigh factors such as taxable capital One potential form ofi incentive is an Investment Grant. The grant is established by a contract between the company and the Town of China Grove. The company must pay their taxes ini full each year based on the actual tax value of the property or investment to be eligible to receive the grant. Ifthe company meets all the criteria in the contract, a grant is then paid to the company. The amount of the grant is based on a investment, job creation, potential fori future expansions, etc. designated percentage level for aj pre-determined number of years. Thisi is a highly competitive project with the potential to have a substantial impact on the Town ofChina Grove and Rowan County. Tos strengthen our community's chances toward securing this project, the Rowan EDC proposes that the Town Council consider awarding Project Bishop a three-year Investment Grant with the following terms: During the first twoy years, the company would receive a grant equal to 50% of the new taxes During the final year, the company would receive a grant equal to 40% of the new taxes paid. paid. Other Potential Assistance The Rowan EDC is working with Project Bishop' to pursue a. Job Development Investment Grant (JDIG) through the State of North Carolina. The JDIG program typically offers aj pertormance-based, discretionary cash grant directly to new and expanding companies tol help offset the cost of locating or Wel have also asked the State of North Carolina to consider applicable grant programs that could assist Ina addition, the Rowan County Board of Commissioners will consider an incentive request for the project expanding a facility in North Carolina. with any necessary infrastructure improvements to the company's! potential site. at their November 15th meeting. 4.ModelofTown Revenue - 10-Year Horizon IfChina Grove were chosen, construction of Project Bishop' 's new: facility would begin in early 2022 with substantial completion by the end of2023. Operations at the facility would commence in early 2024. The overall investment timeline is based on information provided to the Rowan EDC by the The evolving nature of Town tax rates, assessed value oft the installed equipment, and construction timelines require certain assumptions in order to develop a functioning model. To establish a baseline, company'sconsulants. the following constants were applied: The Town tax rate is fixed at the current rate of.54 $160: million of new construction and equipment installation occurs prior to December 31,2022 $175 million of additional construction and equipment installation occurs prior to December 31, The project is complete by December 31, 2024, with a total investment of $400 million Depreciation for business personal property was estimated using the State ofNorth Carolina's Ten-year lifespans were assumed for all business personal property depreciation 2023 2021 Depreciation Schedule A In application, it is unlikely that all assumptions will hold constant. The model provides general trends of expected revenues and expenditures. Incorporating the above framework, the following outcomes are projected: During the first two years of the proposed incentive, China Grove would collect $2,592,2001 in revenue and provide incentive grants totaling $1,296,000. The Town would retain $1,296,000 of During the final year oft the proposed incentive, China Grove would collect $1,933,200 in revenue and provide incentive grants totaling $773,280. The Town would retain $1,159,920 during this Modeled with a 10-year horizon, China Grove would stand to collect an estimated $13,014,000, disburse grants totaling $2,069,280 and retain an estimated $10,944,720 of new revenue. revenue during this two-year period. year. Project Bishop (Years 1-5) Fiscal Year FY23-24 FY24-25 FY25-26 FY 26-27 2025 0.54% $270,000 0% $0 $270,000 FY27-28 2026 0.54% $270,000 0% $0 $270,000 Calendar Year 2022 2023 0.54% 50% $94,500 $94,500 2024 0.54% $270,000 40% $108,000 $162,000 Real Property Investment Current Real Property Tax. Rate Real Property Taxes Incentive Grant Rate Incentive Grant Net Town Revenue $10,000,000 $35,000,000 $50,000,000 $50,000,000 $50,000,000 0.54% $54,000 $189,000 50% $27,000 $27,000 Personal Property Machinery & Equipment Current Personal Property Tax Rate Personal Property Taxes* Incentive Grant Rate Incentive Grant Net Town Revenue $150,000,000 $285,000,000 $308,000,000 $277,500,000 $246,500,000 0.54% $810,000 $1,539,000 50% $405,000 $769,500 $405,000 $769,500 0.54% 50% 0.54% $1,663,200 40% $665,280 0.54% $1,498,500 0% $0 0.54% $1,331,100 0% $0 $997,920 $1,498,500 $1,331,100 Total Property Taxes (Real & Personal) Total Incentive Grant (Real & Personal) Total Net Town Revenue (Real & Personal) $864,000 $1,728,000 $432,000 $864,000 $432,000 $1,933,200 $773,280 $1,159,920 $1,768,500 $0 $1,768,500 $1,601,100 $0 $1,601,100 $864,000 Project Bishop (Years 6-10 and 10-year Totals) Fiscal Year FY28-29 Calendar Year 2027 FY 29-30 2028 0.54% $270,000 0% $0 $270,000 FY30-31 2029 0.54% $270,000 0% $0 $270,000 FY31-32 2030 0.54% $270,000 0% $0 $270,000 FY 32-22 10Year Sum. 2031 0.54% $270,000 $2,133,000 0% $0 $270,000 $1,903,500 Real Property Investment Current Real Property Tax Rate Reai Property Taxes Incentive Grant Rate Incentive Grant Net Town Revenue $50,000,000 $50,000,000 $50,000,000 $50,000,000 $50,000,000 0.54% $270,000 0% $0 $270,000 $229,500 Personal Property - Machinery: & Equipment Current Personal Property Tax Rate Personal Property Taxes* Incentive Grant Rate Incentive Grant Net' Town Revenue $213,500,000 179,000,000 $142,500,000 $109,000,000 $54,000,000 0.54% $1,152,900 0% $1,152,900 0.54% $966,600 0% $966,600 0.54% $769,500 0% $769,500 0.54% $588,600 0% $588,600 $858,600 $0 $858,600 0.54% $291,600 $10,319,400 0% s0 $1,839,780 $291,600 $8,479,620 $561,600 $13,014,000 $0 $2,069,280 $561,600 $10,944,720 Total Property Taxes (Real & Personal) Total Incentive Grant (Real & Personal) Total Net Town Revenue (Real & Personal) $1,422,900 $1,236,600 $1,039,500 $1,422,900 $1,236,600 $1,039,500 $0 $0 $0 5. Additional Project Impact The proposed project will directly create new. jobs and expand the local tax base, and the preceding sections have attempted to evaluate these direct investments. However, the impact of the proposed investment will resonate beyond the site boundaries and company employees. When the unemployed find opportunity, or citizens advance in their career, that personal economic growth is felt throughout the community. Additionally, the company, with increased operations, procures additional services and increases its engagement in the local economy. Utilizing Jobs EQ software and incorporating information provided by the company, we. have estimated the project'sa additional impact on our community. Jobs EQ is an economic impact This analysis was conducted to report economic impact results within Rowan County only. As should be expected with estimates of any type, applied outcomes will certainly vary from the assessment software system developed by Chmura www.chmura.com). model's projections. RESULTS Jobs EQ projects that the 1,000 jobs created by Project Bishop will lead to the creation of These 238 indirect and induced jobs will generate $11,997,746 in employee wages and The additional impacts of Project Bishop will also include the generation of $30,664,072 in gross revenue for the companies creating these 238 indirect and induced jobs. an additional 238 indirect* and induced jobs** in Rowan County. benefits. *Indirect jobs are ones created by companies. supplying goods and services to a new or newly **Induced, jobs are ones created when new employees from the new industry spend their wages at local establishments; for example, a new manujacturing, plant may increase business at a nearbyrestauran, leading to increased. sales at the restaurant causing it to hire more expanded industry. employees. 6. Closing This project appears to have al lengthy list of benefits and no apparent liabilities. IfChina Grove were chosen, Project Bishop would create a total of 1,000 new full-time jobs, as well as add $400 million to the Town's 's tax base. The project would also generate approximately $11 million of In addition to the creation of 1,000 newj jobs by the company, Project Bishop would lead to the creation of238 indirect and induçed jobs throughout Rowan County according to a. Jobs EQ On behalf ofy your Economic Development Council, we look forward toj providing you any additional information requested, or meeting with you personally to discuss these findings in detail. We hope that you have found this information useful as you consider this matter. new net tax revenue for the Town over ai ten-year period. software projection. 6.Draft Incentive Agreement NORTH CAROLINA ROWANG COUNTY RELOCATION AND EXPANSION ASSISTANCE AGREEMENT THIS RELOCATION AND EXPANSION ASSISTANCE AGREEMENT (the China Grove, North Carolina, a body politic (hereinafter referred to as the "Town") and Project "Agreement") is made and entered into as of the day of Bishop. (hereinafter referred to as the "Company"). 20_, by and between WITNESSETH WHEREAS, the Company has explored the possibility of establishing a new or expanding an existing facility in China Grove (the "Project"), which would increase taxable property in the Town and result in the creation ofar number ofjobs in the Town, but would not have a significant detrimental impact to the environment ofthe Town; and WHEREAS, the Company has determined that the property located at described in Exhibit *A' (the "Property"), is a suitable location for its expansion and WHEREAS, in order to induce the Company to relocate, expand, or improve on the Property, the Town is willing to provide, or. cause to be provided, to the Company certain inducements, upon terms and conditions binding upon the Town às set forth herein; and WHEREAS, prior to beginning any relocation, expansion or improvement on the Property, the Company and' Town met and agrèed to enter into this Agreement; and WHEREAS, in consideration of the undertakings and agreements set forth herein, approximately $400 million, will be invested by or on behalf oft the Company in new equipment and other real property improvements on the. Property, and to create a certain number ofj jobs as provided herein and further comply with the covenants and conditions binding upon it as set forth herein, all ofwhich are intended to create a positive economic impact in the Town. NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency ofwhich are acknowledged, the Company and the Town hereby agree as follows: also identified as Rowan County Tax Parçel and further improvement; and ARTICLEI TOWN INDUCEMENTS The Town shall provide financial assistance to the Company through its "Economic Development Investment Policy", as hereinafter described, with respect to the Company's 1) Assistance will be provided as a "Investment Grant" ("Grant") to assist the Company with construction, equipment, and other capital improvements in China Grove. The Grant will specifically apply to the Property and all real property improvements and personal property newly installed and used at the Property development oft the Property and other related expenses as follows: ("Facility"). 2) The amount of the Grant will be computed using the following steps: a) Real Property Valuation. i) For each tax year that the Grant is applicable to a Property (subject to the limitations below), determine the actual assessed tax value of the real ii) Subtract from the above amount in a) i) the baseline real property value of the Property assessed as of January 1, 2022, and prior to the investments made by the Company in real property at such property. The annual result oft this computation shall be defined as the "New Real property, located at such Property. Property Value" for the applicable Property. b) Personal Property Valuation. i) For each tax year that the Grant is appliçable (subject to the limitations below), determine the actual assessed tax value of all personal property, excluding supplies and rolling stock, located at and used in such ii) Subtract from the above amount in b) i) the assessed. tax value of personal property, excluding supplies and rolling stock, located at and used on such Property as of January 1, 2022. The annual result of this computation shall be defined as the "New Personal Property Value" for Property. the applicable Property. c) Town/Property Tax Determination. The sum of the_New Real Property Value and the New Personal, Property Value ofal Property for each applicable year shall be the "New, Property Value" of such Property forsuch year. Multiply the New Property Value for each applicable Property by the Town tax rate applicable for the tax year at issue to determine the amount of property taxes applicable to the new d) Grant Amount Determination,. For the first two (2) years of the Agreement, multiply the property taxes applicable to the New Property Value for each applicable Property by 50%(0.50). For the third year of the Agreement, multiply the property taxes applicable to the New. Property Value for each applicable Property by 40% 3) The Grant will be structured as a reimbursement ofa a portion oft the real and personal property taxes assessed against each applicable Property and the Company. Such payment of the Grant will be made to the Company. Payment may be requested by the Company no sooner than January Ist and no later than June 30h oft the fiscal year in which the taxes are due. The Grant will be paid within sixty (60) days of the Company' 's full payment of all real and personal property taxes due to the Town. For the first two (2)years oft the Agreement, payment of the Grant shall be equal to Fifly Percent (50%6) of the Town property taxes paid on the New Property Value of the Property by the Company according to Paragraph (2) above at the prevailing China Grove tax rate for the tax year of the requested Grant. For the third year of the Agreement, payment of the Grant shall be equal to Forty Percent (40%) oft the Town property taxes paid on the New Property Value of the Property by the Company according to Paragraph (2) above at the prevailing China Grove tax rate for the tax property at such Property. (0.40). year of the requested Grant. 4) Tax amounts due on property discovered by the Town through its customary audit procedures and not listed by the Company shall be excluded from this Agreement, and the Town shall not be responsible for reimbursement on these amounts for any tax year. ARTICLEII SCHEDULE OF CORPORATE! IMPROVEMENTS 1) The Company has determined that the Property is a suitable site for location ofi its Facility and shall acquire all local permits, zoning approvals, and required state and federal permits, if applicable. The Company expects to have the Facility completed 2) The Company shall receive the Grant for three separate tax years ("Grant Term"), which shall begin with property assessed as of January 1, 2023, with the first such reimbursement to be provided to the Company by the Town during fiscal year ended June 30, 2024. Ifthe Facility is not complete by January 1,2025, the Grant shall be 3) Unless an event triggering the Force Majeure provision set forth in Article VII herein shall occur, the initial year shall commence on property assessed as of. January 1, 4) Any subsequent qualifying expansion of the Facility by the Company shall be eligible (provided the Economic Development Investment Policy is still in effect) for consideration as a separate Grant under the Economic Development Investment by December 31,2024. based on the percentage complete and assessed for that year. 2023. Policy,each for a separate Grant Term. ARTIGLEIII TERMINATIONOF GRANTAGREEMENT AND REQUIRED REPAYMENTOE GRANT FUNDSUPONANANNOUNCED: TERMINATION OF OPERATIONSOR 1) The assistance provided by the Town, through its Economic Development Investment Policy, represents as substântial commitment ofp public resources. Companies that participate int this program are expected to maintain and continue operations beyond the 2) Should the Company cease operations or eliminate the majority oft their workforce (51% reduction or more within a twelve (12) month span), the Agreement will bet terminated and the Company will be required to repay all grant proceeds provided during the thirty- 3) Repayment of grant funds shall be required ift the Company has received any grant disbursements from the Town within thet thirty-six (36) months prior to the earlier of(a) Public announcement by the Company of plans to close or eliminate the majority oft the workforce, (b). Actual cessation of operations, or elimination ofar majority ofthe MAVORITYREDUCTION IN WORKFORCE end of the Grant Term. six (36) months prior to the cessation or reduction. workforce. 4) The Company shail make payment to the Town within one hundred and twenty (120) days ofs such announcement ore event. The Town may use any and all legal recourse to pursue restitution from the Company and/ /or its successors. ARTICLEIV CONDITIONS RELOCATION AND ASSISTANCE GRANT ADDITIONAL TERMS AND As further consideration for the granting of certain relocation and assistance grants to the Company by the Town, the Company further agrees that it shall abide by the Federal Immigration and Control Act of 1986 and all subsequent amendments thereto (collectively ) The Company shall provide to the Town an annual certifiçation, as oft the time the Company first claims the Grant and each year it claims an installment or carryforward of the Grant, that the Company has implemented measures necessary to bei in compliance with the Act and does not knowingly employ any unauthorized alien at the Facility; and 2) Ifthe Company fails to implement measures neçessary' to be in compliance.with the Act ork knowingly employs an unauthorized alien at the Facility, andi ifu upon learning ofsuch event, fails to cure such matter within sixty (60) days from learning ofs such, then the Grant shall expire and the Company may nott take any remaining installment or the"Act"). To that end, the Company agrees as follows: carryforward of the Grant. ARTICLEV REPRESENTATIONS. WARRANTIESAND: COVENENANTS-COMPANY The Company represents, warrants and covenants to the Town, as applicable, as of the Standing. The Company is a company duly organized and existing and in good 2) Authority. The Company has the corporate power and authority to own its properties and assets, to carry on its business as it is now being conducted and to execute and 3) Enforceability This Agreement is the legal, valid and binding agreement of the Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar state or federal laws, in effect from time to time, which affect 4) No Violations. This agreement does not violate the charter documents or bylaws of the Company or any provisions of any indenture, agreement or other instrument to 5) No Conflicts. This agreement does not conflict with, result in a breach of or constitute an event of default under (or an event which, with notice or lapse of time, date ofthis Agreement that: standing undert the laws ofthe State ofl North Carolina. perform this Agreement. the enforcement of creditors' rights generally. which the Company is a party. or both, would constitute an event of default under) any indenture, agreement or 6) Certifications. The Company shall be solely responsible for providing certifications of expenditures and jobs to the appropriate Town officer at the time of filing the other instrument to which the Company is aj party. request for the annual Grant ARTICLEVI REPRESENTATIONS. WARRANTIES ANDCOVEEMANIS-TOMNK The Town represents, warrants and covenants to the Company, as applicable, as of the 1) The Town (a) has full power and authority to enter into this Agreement and to enter into and carry out the transactions contemplated by this Agreement (b) by proper action has duly authorized the execution and delivery ofthis Agreement; and (c)is 2) The Town has duly authorized, executed, and delivered this Agreement, and this Agreement constitutes the Town's legal, valid, and,binding obligation, enforceable 3) There is no litigation or proceeding pending or threatened against the Town or affectingi it which wouldadversely: affect the validity oft this Agreement. 4) The Town is not in default under any provision of State law which would affect its existence or its powers as referred toi in subsection(I). 5) To the best of the Town's knowledge, no officer or official of the Town has any interest (financial, employment, or other) in the Company or the transactions 6) With respect to this Agreement, the Town has complied fully with all requirements date oft this Agreement that: noti in default under any provisions ofthis Agreement. in accordance with its terms. contemplated by this Agreement. ofN.C. General Statute 158-7.1 et seq. ARTICLE VII GENERAL PROVISIONS 1) Governing Law. This Agreement shall be governed and construed under the laws of the State of North Carolina, notwithstanding any rules concerning application of the 2) Assignment. This Agreement shall not be assignable by either party without the prior written consent of the other party, except that Company may assign this Agreement toal parent, subsidiary or affiliate as a part ofa fany corporate restructuring. 3) Entire Agreement. This Agreement, and its attachments, constitute the entire agreement of the parties, and may not be contradicted by any prior or contemporaneous communications of any kind. This Agreement may only be modified by a written instrument that is signed by an authorized representative of laws ofanother state or jurisdiction. each party. 4) Breach. In the event of a breach of this Agreement, the non-breaching party shall provide written notice of the breach to the breaching party, and the party in breach shall have thirty (30) days from the date of notice of the breach to cure its 5) Waiver. Nothing in this Agreement shall constitute a waiver of any rights that the Company may have to appeal or otherwise contest any listing, appraisal or Force Majeure. Any delay in the performance of any duties or obligations of either party hereunder (the "Delayed Party") shall not be, considered a breach of this Agreement and the time required for performance shall be extended for a period equal to thel lesser of(a) the period ofs such delay or (b): 24 months, provided that such delay has been caused by ori is the result of any acts of God; açts of the public enemy; insurrections; riots; embargoes; labor disputes, including strikes, lockouts, job actions, or boycotts; shortages of materials or energy; fires; explosions; floods; changes in laws governing international trades; or other unforeseeable causes beyond the control and without the fault or negligence of the Delayed Party. The Delayed Party shall give prompt notice to the other party of such cause, and shall take whatever reasonable steps are necessary to relieve,of such cause as promptly as possible. No such event. shall excuse the payment of any sums due and payable hereunder on the due date thereof except any payment due upon the occurrence of any act or event for which delayed performance is excused as provided above. 7) Notices. All notices required or allowed by this Agreement shall be delivered in person, by overnight courier service (such as Federal Express), by certified mail, return receipt requested, postage prepaid, secure electronic transfers or by fax with written confirmation of receipt (with a copy sent by one of the other methods specified herein), addressed to the party or person to whom notice is to be given at performance under this Agreement. assessment that the Town may make relative to thel Properties. the following addresses: ToTown:, China Grove Town Manager 333 North Main Street China Grove, NC: 28023 Phone: (704)857-2466 Facsimile: (704)855-1855 China Grove Town Attorney 101 South Main! Street China Grove, NC: 28023 Phone: (704)857-6121 Name and Contact Information Contact for the Grants Ifrequested by the Company With Copy (which does not constitute notice to): To Company: To Company Regarding Payment of Grant, alsoi include: With Copy (which does not constitute notice to): Notice: shall be deemed to have been given with respect to overnight carrier or certified mail, one (I) day after deposit with such carrier and as to facsimile, on date of transmission, provided additional service is made. The addresses may be changed by giving written notice as provided herein: provided, however, that unless and until such written notice is actually received, the last address stated herein shall be deemed to continue ine effect for all purposes hereunder. [Signature page follows] IN WITNESS WHEREOF, the Town and the Company have caused this Agreement to be executed in quadruplicate originals, in their respective names, by persons duly authorized by proper authority, and have sealed the same as ofthe day and year first above written. PROJECT BISHOP. By: Title: [Corporate Seal] ATTEST: Name (Seal) GHINA GROVE, NORTHCAROLINA Charles Seaford Mayor [Corporate Seal] ATTEST: Pamela Mills Town Clerk This instrument has been pre-audited in the manneri required by the Local Government Budget and Fiscal Control Act. Tara Dropp Finance Director APPROVED. ASTOFORM ANDLEGAL SUFFICENCY: Thomas Brooke Town Attorney