RESOLUTION #25-07

A RESOLUTION

(NEWBERRY COUNTY)     

 

 

            AUTHORIZING THE AMENDMENT OF THE AGREEMENT FOR DEVELOPMENT OF JOINT COUNTY INDUSTRIAL PARK EXECUTED ON JULY 28, 1998, BY AND AMONG NEWBERRY COUNTY, SOUTH CAROLINA AND LEXINGTON COUNTY, SOUTH CAROLINA, PROVIDING FOR THE DEVELOPMENT OF A JOINTLY OWNED AND OPERATED INDUSTRIAL/BUSINESS PARK SO AS TO INCLUDE ADDITIONAL PROPERTY IN NEWBERRY COUNTY AS PART OF THE JOINT COUNTY INDUSTRIAL PARK, AND OTHER MATTERS RELATING THERETO.

 

            WHEREAS, Newberry County, South Carolina (the "County") and Lexington County, South Carolina (jointly, the "Counties") are authorized under Article VIII, Section 13 of the South Carolina Constitution to jointly develop an industrial or business park within the geographical boundaries of one or more of the member Counties; and

 

            WHEREAS in order to promote the economic welfare of the citizens of the Counties by providing employment and other benefits to the citizens of the Counties, Newberry County entered into an agreement with Lexington County to develop jointly an industrial and business park (the “Park”) as provided by Article VIII, Section 13 of the South Carolina Constitution and in accordance with Section 4-1-170 of the Code of Laws of South Carolina, 1976, as amended, (the "Act"); and

 

            WHEREAS, the Counties executed an Agreement for Development of Joint County Industrial Park on July 28, 1998 (the "Agreement"); and

 

            WHEREAS, on or about  October 16, 2007, the County and Nasmyth Precision Products, Inc. (the “Company”) entered into a fee-in-lieu-of-tax arrangement by which the Company committed to construct within the County an engineering, manufacturing, and corporate headquarters facility (the “Project”) to be temporarily located within the County at one or more locations (the “Temporary Site”), and, thereafter, to be permanently located within a new Class A industrial park; and

 

            WHEREAS, the Temporary Site is not currently included within the Park; and

 

            WHEREAS, the County desires to add the Temporary Site to the Park so that the Company may receive all of the benefits which may accrue to the Company as a result of the Project’s location within the Park.

 

            NOW, THEREFORE, BE IT RESOLVED, by the County Council of Newberry County, South Carolina (the “County Council”) as follows:

 

            Section 1. Amendment of Agreement. Pursuant to Section 3b. of the Agreement, the Agreement is hereby amended to include within the Park the Temporary Site, the legal description of which is attached hereto as Exhibit A.

 

            Section 2.  Effectiveness of Resolution.  All orders, resolutions, and parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed.  This Resolution shall be in full force and effect from and after its adoption as provided by law.  This Resolution shall be made available for inspection during normal business hours by the general public at the office of the County.

 

 

Adopted in meeting duly assembled this ___ day of ________ 2007.

                                                           

                                                            NEWBERRY COUNTY, SOUTH CAROLINA

 

 

                        By: _________________________________

                        Henry B. Summer, Chairman, County Council of Newberry County, South Carolina

 

                        By: _________________________________

                        Wayne Adams, Administrator, Newberry County, South Carolina

(SEAL)           

 

ATTEST: 

 

By:            _________________________________

            Susan C. Fellers, Clerk to County

            Council of Newberry County,

            South Carolina


Exhibit A

 

Legal Description of Temporary Site

 

 

All that certain piece, parcel or lot of land, with any improvements thereon, situate, lying and being in the County of Newberry, State of South Carolina, fronting on South Carolina State Highway 34 and being more particularly described as a ten (10) acre tract of land on a plat thereof prepared for Knight Industries on April 5, 1993 by Foard H. Talbert, Jr. P.L.S. recorded on April 27, 1993 in the Office of the Clerk of Court for Newberry County in Plat Book S 287 at page 4; reference being made to said plat for a more accurate and complete description thereof.

 

Derivation:            This being the same piece of property conveyed to Sea Pro Boats, Inc. by deed of Knight Textile Industries, Inc. dated May 11, 2004 and recorded May 12, 2004 in Book 956 at page 87.

 

TMS #:            294-22


STATE OF SOUTH CAROLINA            )

)            CERTIFIED COPY OF RESOLUTION

COUNTY OF NEWBERRY               )

 

I, the undersigned, hereby certify that I am the duly appointed and acting Clerk to County Council of Newberry County, South Carolina (the "County"), and as such official I further certify that attached hereto is a true and correct copy of a Resolution to amend the Joint County Industrial Park Agreement by and between Newberry County, South Carolina and Lexington County, South Carolina, adopted by the County Council at a meeting duly called and held on ___________, 2007, at which a quorum was present and acting throughout, which Resolution has been compared by me with the original thereof, and that such copy is a true, correct and complete copy thereof, and that such Resolution has been duly adopted and has not been modified, amended or repealed and is in full force and effect on and as of the date hereof in the form attached hereto.

 

Witness my official signature this ___ day of ___________, 2007.

 

 

 

______________________________

Susan Fellers, Clerk to County Council, Newberry County, South Carolina