Danville-Pittsylvania Regional Industrial Facility Authority

Agenda — 3 items

1. Consideration of Resolution No. 2026-02-09-5C, authorizing the negotiation, execution and delivery of an Amendment to Pipeline Right of Way and Easement Agreement between the Authority and Mountain Valley Pipeline LLC, Series B, by and through its operator EQM Gathering OPCO, LLC, a Delaware limited liability company, as grantee, under which certain easement areas and temporary workspace areas over, through and along a portion of the Authority’s Southern Virginia Megasite at Berry Hill project (GPIN 1367-30-1931), located in Pittsylvania County, Virginia, will be modified or adjusted to accommodate the continued development of the property and Mountain Valley Pipeline’s Southgate project – Mrs. Bobe and Mr. Rowe
2. Consideration of Resolution No. 2026-02-09-5B, approving a modification to the minimum business terms of that certain Local Performance Agreement with Microporous, LLC, a Delaware limited liability company (the “Company”), and others, approved under Resolution No. 2024-11-13-5A, where (1) the original two phases of investment and development will be updated to reflect three phases, (2) the original ground lease under Phase 1 will be updated to reflect the purchase of the property to be identified as Phase 1-A Lot and Phase 1-B Lot, (3) the restrictive covenants on the Phase 1-A Lot and Phase 1-B Lot will be updated to reflect a restriction to general manufacturing uses and expressly not for a data center, warehouse, distribution center, or solar farm and will be subject to a restriction release agreement and sunset provisions, (4) the gas gate and line extension release fee will be deleted and inapplicable, (5) the Company will provide a $4,900,000 letter of credit until satisfaction of the $4.9M Real Property Development Grant, (6) the Authority will award to the Company a $4.9M Real Property Development Grant upon commencement of vertical construction of the new Phase 1 building, (7) certain dates would be updated to reflect performance dates across the three phases, (8) the Phase 1-A building footprint will be subject to the Authority’s reasonable approval, and (9) the Company’s performance metrics will be updated to reflect the new performance metrics as identified on Schedule 5, all as more fully described in that certain LPA Amendment Term Sheet – Corrie T. Bobe, Director of Economic Development, City of Danville and Matthew D. Rowe, Director of Economic Development, Pittsylvania County.
3. Consideration of Resolution 2026-02-09-5A, a Resolution further revising the Amended and Restated Bylaws of the Authority adopted August 13, 2007, and last revised May 13, 2024, by adding new Subparagraphs 6(d)(iv), 6(d)(v) and 6(d)(vi) of Article IV (“Officers”), adding to the definition of “Ordinary Contracts” each of the following: option agreements or purchase agreements for land in compliance with Article IV, Paragraph 2, but excluding the authority to proceed to closing under such agreements; (2) change orders in compliance with Article IV, Paragraph 2; and (3) grant applications, but excluding the execution and delivery of any applicable grant performance agreements, where notice was given pursuant to Agenda Item 2026-01-12-5B – Michael C. Guanzon, Esq., Christian & Barton, L.L.P., Authority Legal Counsel.

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