|
D. Filling, consisting of a 10 -lane pouch seal/fill/cap filling machine capable of
<br />manufacturing pouches between 3.0 ounce and 4.0 ounce, and all associated
<br />utilities, conveyance, and controls.
<br />E. Pasteurization/Cooling, consisting of a single ascending forced -air spiral
<br />pasteurized utilizing steam coils as a heat source and a single descending forced -
<br />air cooling spiral utilizing glycol or chilled water coils as its source of cooling,
<br />including all utilities, conveyance, and controls to convey pouches into and out of
<br />each operation.
<br />F. Packaging, consisting of a modular cartoning/case packing system capable of 3
<br />carton formats and a robotically assisted palletizer with all associated utilities,
<br />conveyance, and controls.
<br />All such IMPROVEMENTS will be described in the CITY'S Certificate of Completion prepared
<br />after the completion and installation of the above described building modifications and
<br />improvements, personal property, machinery and equipment. The description shall be furnished
<br />by OWNER to CITY in OWNER'S sworn report described in Section 11. 1, below and attached
<br />to CITY's Certificate of Completion. The description shall also be filed with the Chief Appraiser
<br />of the Lamar County Appraisal District. Said Certificate shall be duly executed by the Mayor of
<br />the City of Paris in the form attached hereto as Exhibit D. The IMPROVEMENTS will be at a
<br />cost of no less than $28,500,000.00 and up to $33,800,000.00 for the capital cost and
<br />installation of the building modifications, machinery and equipment, set forth above. Site
<br />preparation shall occur during March, 2018; installation shall commence in April, 2018;
<br />and production is expected to commence in October or November, 2018; provided, that
<br />OWNER shall have such additional time to complete the IMPROVEMENTS as may be
<br />required in the event of "force majeure" if OWNER is diligently and faithfully pursuing
<br />completion of the installation of the IMPROVEMENTS. For this purpose, "force majeure"
<br />shall mean any contingency or cause beyond the reasonable control of OWNER including,
<br />without limitation, acts of God, or the public enemy, any natural disaster, war, riot, civil
<br />commotion, insurrection, governmental or de facto governmental action, unless caused by acts or
<br />omissions of OWNER, fires, explosions, accidents, floods, and labor disputes or strikes. The date
<br />of completion of the IMPROVEMENTS shall be reflected in the Certificate of Completion
<br />issued by the City of Paris, Texas, referred to above.
<br />3.2 The OWNER agrees and covenants that it will diligently and faithfully, in a good
<br />and workmanlike manner, pursue the completion of the IMPROVEMENTS. As a good and
<br />valuable consideration for this AGREEMENT, OWNER further covenants and agrees that all
<br />construction of the IMPROVEMENTS will be in accordance with all applicable state and local
<br />laws, codes and regulations or will procure a valid waiver thereof. In further consideration,
<br />OWNER shall thereafter, from the date a Certificate of Completion is issued, or that the
<br />IMPROVEMENTS are completed as agreed, until the expiration of this AGREEMENT,
<br />continuously operate and maintain the PROPERTY, including the specific units of new
<br />machinery and equipment as identified herein, as a food production plant.
<br />3
<br />
|