2015-11-16Regular Meeting
Beverly City Council 7:00 PM — Monday, November 16, 2015
Roll Call John P. Frates Jr., Scott D. Houseman, David J. Lang, James F. Latter -Vice
President (absent), Donald G. Martin, Estelle M. Rand, Matthew J. St.Hilaire, Jason C. Silva, Paul
M. Guanci- President.
Pledge of Allegiance to the Flag: Councilor Rand
The Council President asked for a Moment of Silence to honor the victims of
terrorism in Paris last weekend.
Acceptance of Minutes: Monday, November 2, 2015 Approved, Vote: 8 - 0
Public Speakers:
1. Ben Zoba, 11 Ames Street re: Community Garden
Public Hearings:
1. 7:20 #485 — National Grid — Preston Place & Horse Hill Lane
Referred back to Public Services
2. 7:25 #486 — National Grid — Dodge Street & Norwood's Pond Road
Referred back to Public Services
3. 7:30 #483 — Board of Assessors — Set Tax Levy Percentages
Continued to Monday, December 7, 2015 Regular Council Meeti
4. 7:45 #479 — Mayor— Interdepartmental Transfers & Appropriation
Referred back to Finance & Pronertv
Presentations, Awards and Memorials: None
Communications from His Honor the Mayor:
#490A
November 12, 2015
The Honorable City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I am pleased to submit for your consideration an application package for the Commonwealth's
Economic Development Incentive Program (EDIP) on behalf of Krohne, Inc. ( Krohne). Krohne
has signed a Letter of Intent to purchase the property located at 55 Cherry Hill Road in Beverly.
The subject property is approximately 9 acres in size and includes a vacant 55,000 square foot
office building.
Krohne seeks to relocate its NAFTA headquarters from Peabody, MA to 55 Cherry Hill Drive and
expand manufacturing capacity to include additional product lines. The relocation includes
renovation of the existing office building to create office and light manufacturing space and an
expansion creating additional 40,000 square feet for a total of 95,000 square feet of floor area.
Redevelopment of the site will accommodate three (3) additional manufacturing lines which it
oversees along with office facilities for administrative and sales functions for the NAFTA region.
Krohne is seeking support from the City to submit an application to the Massachusetts Office of
Business Development (MOBD) pursuant to the Economic Development Incentive Program
(EDIP). Consistent with EDIP program requirements, Krohne has requested approval of a ten
year Tax Increment Financing (TIF) agreement to assist proposed relocation and expansion to 55
42
Cherry Hill Dr. Additional support will be sought from the Commonwealth by way of an
investment tax credit of up to ten percent of total capital investment.
By entering into the proposed TIF agreement Krohne has committed to a minimum capital
investment of $20 million (including purchase of the property, redevelopment and expansion of
the existing building, and the purchase of machinery and equipment). In addition to significant
investment within our community Krohne will commit to retaining 45 existing employees and
hiring at least an additional 54 people for high skilled and high wage positions. It is expected
that additional hiring will occur within the first five years of construction of the facility.
The City of Beverly has been selective in its support of EDIP applications and sought TIF
agreements that generate job growth for skilled, high wage employment opportunities, result in
substantial investment in Beverly, and provide near term fiscal benefit. Consistent with these
principles, the attached application seeks graduated reduction in real estate taxes on new value
created and assessed on the property over a ten year period. The reduction will begin at ten
percent for three years; adjust to seven and a half percent over the next three years, and five
percent for the last four years of the ten year term.
If Krohne's application is approved, the City will realize additional real estate tax revenue over
and above what it would otherwise have received due to the planned investment during the
term of the agreement. It is estimated additional tax revenue following completion of the
proposed project will be $153,951 during fiscal year 2018, $15,395 of which will be exempted
per the proposed TIF agreement. It is estimated that the City will realize a total of $1.4 million in
additional tax revenue over the 10 year term of the agreement. This represents a significant
increase in new tax growth for the City by encouraging additional investment in an area targeted
for commercial and industrial growth, and an underutilized site that has long contained a vacant
building.
You will note from the enclosed package that the City's Economic and Community Development
Council voted 6 -0 in favor of this project. Please find enclosed with this package the ECDC letter
of support, TIF Plan, Economic Opportunity Area application, proposed TIF agreement and
Council authorization, and EOA authorization.
I respectfully request your consideration of the enclosed applications at your earliest
opportunity as we are seeking approval during the November 16` Council meeting.
Specifically, I request the Council:
• Adopt the drafted "Resolution Authorizing the Creation of an Economic Opportunity
Area ";
• Authorize execution of the drafted Tax Increment Financing Agreement with Cell
Signaling Technologies.
Sincerely yours,
Michael P. Cahill
Mayor
Attachments
cc: Aaron Clausen, Planning Director
Terry DeBlasie, City Assessor
Stephanie Williams, City Solicitor
Bryant Ayles, Finance Director
Referred to Finance & Property.
43
6'
ORDER APPROVING TAX INCREMENT FINANCE AGREEMENT
WHEREAS, Krohne, Inc. ( "KROHNE ") seeks and intends to purchase the property
located at 55 Cherry Hill Drive, Beverly, MA 01915, City Assessor's Map 65 parcel 6,
(the "PROPERTY "), for the purpose of an expansion project that will include significant
capital investment and local job retention and creation, and intends to submit an
application under the Commonwealth's Economic Development Incentive Program
requesting certification the expansion project as a "Certified Project" under M.G.L. ch.
23A;
WHEREAS, the Commonwealth has designated the cities of Beverly and Salem as
jointly comprising an Economic Target Area ( "ETA ") pursuant to M.G.L. Chapter 23A,
Section 313;
WHEREAS, the Council has approved the designation of the PROPERTY as an
Economic Opportunity Area (the " KROHNE EON'), and;
WHEREAS, the Council supports KROHNE's proposed expansion project in the
KROHNE EOA, which includes but is not limited to investing approximately $10.5
million in the construction of a new building and the renovation of an existing building
on the PROPERTY, as well as the relocation and /or creation of a significant number jobs
at the PROPERTY that will require predominantly highly- skilled workers;
WHEREAS, KROHNE intends to relocate its North American headquarters to the
PROPERTY;
WHEREAS, the Council finds that KROHNE's proposed expansion project is consistent
with the economic development goals of the EOA, and;
WHEREAS, the Council finds that the proposed expansion project will not overburden
the City's municipal services, existing infrastructure, or current utility services, and
presents a significant opportunity to increase employment opportunities for residents of
Beverly /Salem ETA, thereby improving economic conditions within this area, and;
WHEREAS, the Council supports the use of tax increment financing as a mechanism to
encourage economic development within the EOA;
NOW THEREFORE it is ORDERED that:
The Mayor is authorized to execute the Tax Increment Financing Agreement attached
hereto, and is further authorized to modify the Agreement in order to correct
typographical errors, scrivener's errors and /or to make other corrections or modifications
that do not alter the substance of the agreement.
Adopted this 16th day of November, 2015.
Michael P. Cahill, Mayor
ATTEST:
D. Wesley Slate, Jr., City Clerk
Referred to Finance & Property.
Date
Date
..
#490C
RESOLUTION AUTHORIZING THE CREATION OF AN
ECONOMIC OPPORTUNITY AREA PURSUANT TO 402 C.M.R. 2.00
WHEREAS, the Beverly City Council strongly supports the creation of economic
development opportunities that provide additional jobs for Beverly residents and expand
commercial activity thus strengthening the City's tax base and the economy, and;
WHEREAS, the City of Beverly is part of the Beverly and Salem regional Economic
Target Area (ETA) as designated on September 12, 1994 by the Massachusetts Economic
Assistance Coordinating Council, and;
WHEREAS, the Beverly City Council supports the designation of the area highlighted in
Exhibit A as an Economic Opportunity Area (EOA), which is certain property located at
55 Cherry Hill Drive, Beverly, MA 01915, City Assessor's Map 65 parcel 6 and contains
9 +/- acres of property including an approximately 55,000 s.f building, and is zoned IR
(Industrial Restricted) (hereinafter the "PROPERTY "), and;
WHEREAS, the Beverly City Council believes that the proposed Beverly EOA, as
highlighted in Exhibit A, meets the definition of a "Decadent Area" as defined in 402
CMR, Section 2.03 in that, among other things, the PROPERTY is obsolete, or in need of
major maintenance or repair, and;
WHEREAS, the Beverly City Council supports the economic development goals for the
proposed Beverly EOA as set forth in the EOA application, and;
WHEREAS, the Beverly City Council supports and endorses the use of tax increment
financing for the proposed certified project to be located within the proposed EOA;
NOW, THEREFORE BE IT RESOLVED by the Beverly City Council that the following
activities are necessary and authorized pursuant to the application for an Economic
Opportunity Area (EOA) designation in the City of Beverly:
The City Council authorizes the submission of an Economic Opportunity Area
application to the Massachusetts Economic Assistance Coordinating Council
for the area highlighted in Exhibit A, which is the property located at 55
Cherry Hill Drive, Beverly, MA 01915, City Assessor's Map 65 parcel 6;
2. The Economic Area is defined to be the boundaries of the lot highlighted in
Exhibit A, and;
The City Council agrees to authorize the use of a tax increment financing plan
for any qualified certified project located within said Economic opportunity
Area.
Adopted this xxxx day of xxx, xxxx.
Paul M. Guanci, President James F. Latter, Vice President
Jason C. Silva Matthew J. St. Hilaire
David J. Lang Estelle M. Rand
Scott D. Houseman Donald G. Martin
John P. Frates, Jr.
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Referred to Finance & Property.
Communications from other City Officers and Boards:
#491
Communication — Salem & Beverly Water Supply Board — Annual Use Notification
Letter
Received and Placed on File, Vote 8 -0.
#492
Honorable City Council
191 Cabot Street
Beverly, MA 01915
Thursday, 12 November 2015
Dear Honorable Council:
Attached please find an e-mail from the Curator, Division of Political History
at the Smithsonian Institution, National Museum of American History, Behring
Center, concerning their interest in borrowing some old Beverly archival
documents, in connection with a 10 -year Exhibition on "American Democracy — A
Great Leap of Faith ".
I believe this would be a wonderful contribution from our City to this world -
renowned institution — however, given the time frame described, and the multi-
year nature of the Exhibit, Council and Mayoral approval of this loan of our
documents would seem prudent, if not required.
Thank you for your consideration.
Encl. 2
Referred to Legal Affairs.
Respectfully submitted,
D. Wesley Slate, Jr.
City Clerk
Communications, Applications & Petitions
#493
Communication — Commonwealth of Massachusetts — Public Employee Retirement
Administration Commission ( "PERAC ") re: Required Fiscal Year 2017 Appropriation
Received and Placed on File, Vote 8 -0.
Reports of Committees:
#479
The Committee on Finance & Property / Committee of the Whole, to whom was referred the matter
.R
of request from His Honor the Mayor re: proposed interdepartmental transfers and appropriation,
have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying Order and recommend its adoption:
Ordered: That the City Council of the City of Beverly approve the proposed interdepartmental
transfers and appropriation.
Order read once and adopted. Vote: 8 -0.
#490
The Committee on Finance & Property / Committee of the Whole, to whom was referred the matter
of Communication from the Director, Planning & Community Development re: Krohne, Inc. TIF /
EDIP Proposal, have considered said matter and beg leave to report as follows, to wit:
Received and placed on file. Vote 8 -0.
#490A
The Committee on Finance & Property / Committee of the Whole, to whom was referred the matter
of Communication from His Honor the Mayor re: Application for EDIP — Krohne, Inc., 55 Cherry
Hill Drive, have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying Agreement and recommend its adoption:
TAX INCREMENT FINANCING AGREEMENT
BY AND BETWEEN
THE CITY OF BEVERLY
AND
KROHNE, INC.
This TAX INCREMENT FINANCING AGREEMENT ( "AGREEMENT ") is
made this day of 2015, by and between the City of
Beverly, a municipal corporation duly organized under the laws of the Commonwealth of
Massachusetts (the "CITY "), having a principal place of business at Beverly City Hall,
191 Cabot Street, Beverly, Massachusetts 01915 AND KROHNE, Inc. (hereinafter
"KROHNE "), a Delaware corporation with a principal office at 7 Dearborn Road,
Peabody, Massachusetts, duly authorized to do business in Massachusetts. (collectively,
the CITY AND KROHNE are referred to as the "PARTIES ").
WHEREAS, KROHNE has executed a letter of intent to purchase certain property
located at 55 Cherry Hill Drive, Beverly, MA 01915, City Assessor's Map 65 parcel 6,
which contains 9 +/- acres of property and which includes an approximately 55,000 s.f
building and is zoned IR (Industrial Restricted) (hereinafter the "PROPERTY").
Attached is a plan of the PROPERTY that is recorded with Essex County, South District
Registry of Deeds in Plan Book 278, Plan 40;
WHEREAS, KROHNE intends to improve the PROPERTY and proceed with a
significant renovation and reconstruction of the existing 55,000 s.f building and the
construction of a new 40,000 s.f building and /or addition, thereby creating a facility with
approximately 95,000 s.f of building area (the "FACILITY ") where KROHNE will
establish its United States headquarters and where it will, among other things, create new
jobs and retain existing local jobs, operate administrative and sales offices, and
manufacture innovative measurement solutions including, but not limited to, flow, level,
temperature and pressure measurement and analysis products and systems for the marine
industry, oil and gas industries; and such manufacturing does not generate
environmentally hazardous materials (the purchase, renovation, expansion, construction
and operation of the FACILITY AND PROPERTY, and related job creation and
relocation and retention, is hereinafter referred to as the "PROJECT ");
WHEREAS, KROHNE's capital investment in the PROPERTY, including
purchase, renovations and construction will be approximately $20 million; and
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KROHNE projects that the proposed renovation, expansion and construction of the
existing building and the new building will require an investment of approximately
$10,500,000 which is inclusive of the total $20 million investment;
WHEREAS, KROHNE will also invest approximately $1,500,000 in machinery
and various forms of equipment;
WHEREAS, the Commonwealth of Massachusetts has designated the cities of
Beverly and Salem as jointly comprising an Economic Target Area ( "ETA ") pursuant to
M.G.L. Chapter 23A, Section 3D and the PROPERTY is located within the boundaries of
said ETA, as well as the KROHNE Economic Opportunity area ("EON'), which has been
or will be designated as such by the Massachusetts Economic Assistance Coordinating
Council ( "EACC "); and as a result of the expansion, KROHNE anticipates that it will
create at least fifty -four (54) permanent, full -time jobs, which will predominantly require
highly skilled workers who will engineer and manufacture KROHNE's specialized
products; and KROHNE' S current 48- permanent full -time members Massachusetts
workforce will be relocated to the FACILITY;
WHEREAS, KROHNE anticipates that it will need to contract and /or subcontract
with machinists and other businesses that operate in the CITY, Salem, and the
Commonwealth of Massachusetts;
WHEREAS, the assessed valuation of the PROPERTY for Fiscal Year 2016 is
three million, seven hundred and seventy thousand and four hundred dollars
($3,770,400);
WHEREAS, KROHNE intends to apply for status as a Certified Project under the
Massachusetts Economic Development Incentive Program and the CITY intends to apply
for EOA designation;
WHEREAS, KROHNE is seeking a Tax Increment Financing Exemption from
the CITY for the development of the PROJECT, in accordance with the Massachusetts
Economic Development Incentive Program ( "EDIP ") and Chapters 23A, 40 and 59 of the
Massachusetts General Laws;
WHEREAS, KROHNE does not intend to seek a real estate tax abatement for the
PROPERTY or any portion thereof, with respect to any fiscal year on or before Fiscal
year 2027;
WHEREAS, the City strongly supports increased economic development to
provide additional jobs for residents of the ETA and the CITY, to expand commercial
and industrial activity within the CITY, and to develop a healthy economy and a stronger
tax base;
WHEREAS, this AGREEMENT will facilitate new job creation and job
relocation and retention and capital investments by KROHNE by lowering operating
costs and decreasing the cost of capital;
WHEREAS, the PROJECT may not move forward as currently envisioned with
regard to future job creation and capital investments without this AGREEMENT;
WHEREAS, the PROJECT will further the economic development goals and the
criteria established for the ETA and the EOA;
WHEREAS, by vote of the members of the City Council on November 16, 2015
( "City Council vote "), and subject to approval by the EACC of KROHNE's application
for the PROJECT as a Certified Project and approval by the EACC of said EOA
designation, the CITY has been authorized to enter into this AGREEMENT with
KROHNE in the form hereof,
NOW THEREFORE, in consideration of the mutual promises of the PARTIES
contained herein and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the PARTIES hereby agree as follows:
1. The CITY hereby enters into this Tax Increment Financing AGREEMENT with KROHNE,
the subject of which is the PROPERTY.
2. By vote of the City Council, the Mayor is duly authorized to enter into this AGREEMENT.
3. The CITY hereby grants a Tax Increment Financing Exemption, the terms of which are set
forth below (hereinafter the "EXEMPTION ") to KROHNE in accordance with Section 3E of
Chapter 23A; Section 59 of Chapter 40; and clause 51 of Section 56 of Chapter 59 of the
Massachusetts General Laws. The EXEMPTION shall be for a period of ten (10) years
(the "EXEMPTION PERIOD "), commencing with the Fiscal Year 2017 (which begins July 1,
2016) and ending with the Fiscal Year 2026 (which ends June 30, 2026), and shall
provide a percentage EXEMPTION from taxation as described in the table below, on the
incremental increased value of the PROPERTY resulting solely from the PROJECT, for
which KROHNE is responsible for paying by its ownership and /or occupancy of the
PROPERTY.
4. The EXEMPTION formula for the PROJECT shall be calculated as prescribed by the above -
referenced provisions of the Massachusetts General Laws; the Acts and Resolves of
1993, as amended; 751 CMR 22.00 etseq.; and as regulated by the Department of
Revenue. The EXEMPTION formula shall apply to the incremental difference in the
assessed valuation of the PROPERTY in the base year (the "BASE VALUATION "), and the
assessed valuation of the PROPERTY for the next ten (10) years. As used herein, the
"base year" shall mean Fiscal Year 2016. The BASE VALUATION will be adjusted annually
by an adjustment factor as defined in the above referenced Code of Massachusetts
Regulations, M.G.L ch. 40, section 59, and all other applicable laws, regulations and /or
rules. The Adjusted Base Value will remain taxable throughout the period of this
AGREEMENT. The amount by which the real estate assessment for the PROPERTY is
increased (the "INCREMENT "), resulting from the PROJECT and its construction and
improvements, is the amount eligible for EXEMPTION from taxation.
5.
The EXEMPTION shall be calculated and remain unchallenged for each fiscal year as
follows:
Year 1
FY2017
10°!
Yearn
FY201810%
Year 3
FY2019
10°!
Year 4
FY2020
7.5%
Year 5
FY2021
7.5%
Year 6
FY2022
7.5%
Year 7
FY2023
5%
Year 8
FY2024
5%
Year 9
FY2025
5%
Year 10 FY2026
5%
6. The EXEMPTION granted to KROHNE by the CITY shall be inconsideration of the
commitments of KROHNE, which KROHNE hereby affirms and commits, and which
constitute the material representations of the PARTIES that serve as the basis for the
EXEMPTION granted hereby:
a. to relocate its 45 existing permanent full -time Massachusetts jobs to the FACILITY;
b. To create 54 permanent full -time jobs between December 16, 2015 and December
31, 2020, with such job creation beginning December 16, 2015. At the end of
calendar year 2020 it is anticipated that KROHNE will have ninety -nine (99)
employees at its United States headquarters in Beverly as more specifically set forth
..
in KROHNE'S Certified Project application submitted to EACC, which is hereby
incorporated by reference. In the event of any inconsistency between this
AGREEMENT and the Certified Project application, the application shall control. To
invest a minimum of $20 million beginning in 2016 through June 30, 2017;
c. To begin improvements of the PROPERTY, including construction, renovation and
expansion of the FACILITY, by January, 2016 and completing such by March, 2017.
d. To commence operation of the FACILITY and /or place the FACILITY in service by June
30, 2017; the EXEMPTION shall not become effective unless and until the FACILITY is
placed in service and operating;
e. To afford priority (subject to applicable law and assuming equal qualification) to
residents of the ETA in its hiring of new employees at the FACILITY, with priority
being given in the following order: residents of the CITY, residents of Salem and
those who are otherwise residents of the Commonwealth of Massachusetts. In
order to facilitate such employment, KROHNE shall advertise (at its cost and
expense) in the local newspapers of general circulation in the ETA encouraging such
residents to apply for employment with KROHNE any time such advertisements are
otherwise placed by or on behalf of KROHNE for employment at the FACILITY and
will place such local advertisements one (1) week before making a general
announcement about employment opportunity with KROHNE, and
f. To explore and pursue (subject to applicable law and assuming equal qualification)
opportunities to hire qualified local contractors, vendors and suppliers, in
connection with the PROJECT and the operation of the FACILITY, with first priority
given to Beverly -based businesses and second priority to ETA -based businesses, and
third priority to Commonwealth of Massachusetts -based businesses.
7. KROHNE further agrees that, during the EXEMPTION PERIOD, it will not seek or accept
from the EACC any material changes to its "Certified Project" application or to this
AGREEMENT without written approval of the City Council and Mayor.
8. KROHNE agrees to submit annual reports on job creation, job retention and new
investments at the FACILITY to the CITY on or before October V of each year during the
EXEMPTION PERIOD, except as otherwise provided in this AGREEMENT, and in addition
such other reports in content and the manner as required by M.G.L. c. 40, § 59(viii). In
accordance with the laws of the Commonwealth of Massachusetts, the annual report
shall include the number of permanent (regular), full -time jobs retained and created and
the number of people hired from within the ETA annually and on a cumulative basis; the
value of capital investments made with respect to the PROPERTY annually and on a
cumulative basis; and a description of the utilization of local contractors, vendors and
suppliers annually and on a cumulative basis. The reports shall be itemized as to the
character of the work in such general categories as determined by the Building
Commissioner of the City of Beverly, and shall include for each category the total
investment for the reporting period and on a cumulative basis. The construction cost
reflected in building permit applications, where applicable, shall operate to cap
investment qualified for favorable tax treatment under this AGREEMENT.
9. If KROHNE fails to meet or comply with the requirements of Paragraphs 5, 6, 7 or 8
above or any of its obligations under this AGREEMENT, the CITY, acting through its
Mayor, may take such action as it deems to be appropriate to discontinue this
AGREEMENT, including but not limited to notice to the EACC and /or a request for
decertification of the PROJECT by the EACC. Upon decertification, the CITY shall
immediately discontinue the Tax Increment Financing Exemption benefits described
herein effective the date of such decertification. No such decertification action shall be
undertaken by the Mayor first providing KROHNE with at least thirty (30) days prior
written notice, explaining in reasonable detail the grounds for decertification, and
providing KROHNE with the opportunity to correct any deficiencies within said thirty
(30) day period, provided KROHNE exercises due diligence in the remedying of such
default. Notwithstanding and without being subject to the foregoing right to correct, if
50
KROHNE ceases to be an operating entity, if a voluntary or involuntary petition of
bankruptcy or insolvency is filed by or against KROHNE, or if KROHNE transfers
ownership and /or control or operation of the PROPERTY or any portion thereof
(including but not limited to the FACILITY), and /or relocates the FACILITY and the
PROJECT from the PROPERTY, without the prior written approval of the CITY during the
term of the AGREEMENT, the CITY may request decertification of the PROJECT. If the
EACC decertifies the PROJECT in response to a request by the CITY pursuant to this
Paragraph, the CITY shall be entitled to recoupment from KROHNE of the value of prior
economic benefits granted by the CITY under this AGREEMENT for the time period
between the date of the CITY's request to the EACC for decertification and the date of
the EACC's decertification of the Project; said remedy shall not be exclusive and shall be
in addition to any other remedy available under law or in equity. Venue and jurisdiction
for any such action shall lie in a court of competent jurisdiction in Essex County,
Massachusetts.
10. This AGREEMENT shall be binding upon all PARTIES to it, and shall be binding upon and
inure to the benefit of subsequent owners of the PROPERTY, so long as the PROJECT has
not been decertified by the EACC.
11. The matters described above as obligations of KROHNE are only conditions to the
eligibility for tax exemptions under this AGREEMENT.
12. This Agreement is subject to Massachusetts General Laws Chapter 23A, Section 3A -3F
inclusive, Chapter 40, Section 59, and Chapter 59, Section 5, cl. 51, 760 CMR 22.00, and
any other applicable statutes and regulations (including the remedies set forth therein),
all of which are incorporated herein in their entirety by reference.
13. Should any provision of this AGREEMENT be declared or determined by a court or
administrative agency of competent jurisdiction to be illegal or invalid, the validity of the
remaining parts, terms, and provisions shall not be affected thereby and said illegal or
invalid part, term or provision shall be deemed not to be a part of the AGREEMENT.
14. This AGREEMENT is expressly subject to and conditioned upon approval of the
PROJECT as a Certified Project by the EACC (including certification of this
AGREEMENT as an approved Tax Increment Financing Agreement under
M.G.L. c. 40, § 59(vii) and approval of the said EOA designation by the EACC.
In the event that the EACC does not approve the PROJECT as a Certified Project
or the said EOA designation, or the EACC decertifies the PROJECT, this
AGREEMENT shall be immediately deemed null and void and /or this
AGREEMENT shall terminate, with no further recourse by KROHNE. The
CITY's rights under paragraph 9 above shall survive any such termination or if
the AGREEMENT becomes null and void.
15. All terms not otherwise defined herein shall have their definitions as appearing
under M.G.L. c. 23A, § 3A.
16. This AGREEMENT contains the entire agreement between the PARTIES, and
supersedes all prior and contemporaneous agreements, communications and
understandings, whether written or oral, with respect to the subject matter hereof.
Each PARTY represents and warrants that, in executing this AGREEMENT, it
has not relied and does not rely upon any representation or statement outside this
written AGREEMENT made by the other PARTY.
17. This AGREEMENT is and always will be deemed to have been made and entered
into in the Commonwealth of Massachusetts, and it and the legal relations
between the PARTIES shall in all respects be subject to, interpreted, enforced and
governed under the laws of said Commonwealth without giving effect to the
conflicts of laws provisions thereof.
51
18. The parties further agree that the terms and conditions of this AGREEMENT shall
be construed as a whole, according to their fair meaning, and that this
AGREEMENT shall not be strictly construed against any party.
19. The paragraph headings in this AGREEMENT are for reference purposes only,
and shall not be deemed to affect the substantive meaning or interpretation of this
AGREEMENT.
20. This AGREEMENT may be executed in any number of counterparts, each of
which counterparts, when executed and delivered, shall be deemed to be an
original.
21. Each term of this AGREEMENT is contractual and not merely a recital.
22. The PARTIES will execute all such further and additional documents as shall be
reasonable, convenient, necessary or desirable to carry out the provisions of this
AGREEMENT.
23. The undersigned signatories do hereby represent and warrant that they are duly
authorized to enter into, execute and deliver this AGREEMENT.
WITNESSETH the execution and delivery of this AGREEMENT by the undersigned as
an instrument under seal of the date first above written.
CITY OF BEVERLY KROHNE, INC.
Michael P. Cahill
Mayor
Order read once and adopted, Vote 8 -0.
The Committee on Legal Affairs / Committee of the Whole, to whom was referred the matter
of Attachment E — Order Authorizing TIF Agreement, have considered said matter and beg leave
to report as follows, to wit:
Submit the accompanying Order and recommend its adoption:
Order read once and adopted. Vote 8 -0.
#490C
The Committee on Legal Affairs / Committee of the Whole, to whom was referred the matter
of Attachment H - Resolution re: TIF — Krohne, Inc., 55 Cherry Hill Drive, have considered said
matter and beg leave to report as follows, to wit:
Submit the accompanying Resolution and recommend its adoption:
Order read once and adopted, Vote 8 -0.
#492
The Committee on Legal Affairs / Committee of the Whole, to whom was referred the matter
of Communication - City Clerk re: Loan of Archival Records, have considered said matter and beg
leave to report as follows, to wit:
Recommend the Council Approve the Request
52
Order read once and adopted. Vote 8 -0.
#470
The Committee on Public Services / Committee of the Whole, to whom was referred the matter
of Petition: National Grid / Verizon — request for permission to locate 1 JO Pole at intersection of
Goat Hill Lane and Summit Avenue, have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File. Vote: 8 -0.
#485
The Committee on Public Services / Committee of the Whole, to whom was referred the matter
of Petition from National Grid re: Plan #20499899 Preston Place, have considered said matter and beg
leave to report as follows, to wit:
Recommend the Petition be granted.
Order read once and adopted. Vote: 8 -0.
The Committee on Public Services / Committee of the Whole, to whom was referred the matter
Petition from National Grid re: Dodge Street & Norwood's Pond Road, have considered said matter
and beg leave to report as follows, to wit:
Recommend the Petition be granted.
Order read once and adopted. Vote: 8 -0.
Unfinished Business: Final Passage:
•I
The Committee on Legal Affairs /Committee of the Whole to whom was referred to matter of
Ordinance amending an Ordinance changing name of "Solid Waste Management Committee" to
"Beverly Recycles ", have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying amended Ordinance and recommend its adoption:
In the year two thousand and fifteen
An Ordinance amending an Ordinance relative to
ARTICLE VII. MULTIPLE MEMBER BODIES ", Section 7.36 "Solid Waste Management
Committee ":
REMOVE ALL REFERENCES TO: "Solid Waste Management Committee" where it appears;
AND REPLACE WITH: "Beverly Recycles ".
First Reading: November 2, 2015
Second Reading: November 16, 2015
Final Passage: November 16, 2015
Order read once and adopted. Vote: 8 -0.
53
The Committee on Legal Affairs /Committee of the Whole to whom was referred to matter of
Ordinance amending an Ordinance relative to HUD Income Limits for Discounts and Waivers, as
amended from time to time, have considered said matter and beg leave to report as follows, to
wit:
Submit the accompanying ordinance and recommend its adoption:
An Ordinance amending an Ordinance relative to:
ARTICLE XXVIII "Public Services ", Section 28.02 "Trash Removal and Disposal Service Fee ":
DELETE: "(c) Discounts and Waivers: [Based on Boston - Cambridge - Quincy, MA -NH HUD Metro
FMR Area, FY2011 Income Limits Documentation]" and
ADD: "(c) Discounts and Waivers: [Based on Boston - Cambridge - Quincy, MA -NH HUD Metro
FMR Area, Current FY Income Limits Documentation, as amended from time to time ".
First Reading: November 2, 2015
Second Reading: November 16, 2015
Final Passage: November 16, 2015
Order read once and adopted. Vote: 8 -0.
#482
The Committee on Legal Affairs /Committee of the Whole to whom was referred to matter of
Ordinance amending an Ordinance relative to: Motor Vehicles & Traffic— Stopping, Standing &
parking re: Handicapped Sign @ 31 Swan Street, have considered said matter and beg leave to
report as follows, to wit:
Submit the accompanying Ordinance and recommend its adoption:
In the year two thousand and fifteen
An Ordinance amending an Ordinance relative to:
ARTICLE XXI "Motor Vehicles and Traffic ", Section 21.13 "Stopping, Standing and Parking ",
Amending Section 21.13 (g) (ix) as follows:
ADD: [following "two hundred (200) feet south "]: except one space in front of 31 Swan Street.
First Reading: November 2, 2015
Second Reading: November 16, 2015
Final Passage: November 16, 2015
Order read once and adopted. Vote: 8 -0
Motions and Orders: None
Meeting Adjourned 9:02 PM
Attest: D. Wesley Slate, Jr.
City Clerk
54