Res 2005-147 - Laserfiche WebLink

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Fee Waiver does not extend to water and wastewater impact fees charged by the City. 2. The City agrees to expedite the process for all hearings, reviews, inspections and contacts with City staff in order to ensure the timely completion of the construction process. 3. The City agrees to allow Fuschak's to construct the portion of the perimeter sidewalk on the IH-35 side of the Property within two years ofthe City's issuance ofthe certificate of occupancy for the Building. 4. The City agrees to consider any other reasonable requests made by Fuschak's in order to assist it in the construction of the Building and related facilities. PART 4. DEFAULT Section 4.01. The City Manager may declare a default under this Agreement if Fuschak's: 1. fails to complete the construction of the Building by the deadline in Section 2.02 above; 2. refuses, fails or neglects to comply with any of the terms of this Agreement, including the provision for the retention of jobs in Section 2.03 above; 3. made any representation in this Agreement or in the application to the City for development incentives that is false or misleading in any material respect; or 4. allows ad valorem taxes on the Property owed to the City to become delinquent (unless Fuschak's timely and properly protests or contests the taxes). Section 4.02. If the City Manager determines that Fuschak's is in default of this Agreement on a basis other than the failure to retain jobs or to pay ad valorem taxes on the Property or the Building, the City Manager will notify Fuschak's in writing, and if the default is not cured within 30 days from the date of the notice, then the City Manager may terminate this Agreement. If the City Manager determines that Fuschak' s is in default of this Agreement on the basis of failure to retain jobs or to pay ad valorem taxes on the Property or the Building, the City Manager may terminate this Agreement without allowing Fuschak's to cure the default. If the City Manager terminates this Agreement, then Fuschak's will pay to the City the full value of the Fee Waiver provided for in Section 3.01 above within 30 days of the termination date. The City will be entitled to record a lien against the Property to secure the full amount ofthe Fee Waiver if this payment is not timely made. Section 4.03. The City may exercise its remedies for default in conjunction with one another or separately, and together with any other statutory or common law remedies available to the City. Any failure by the City to enforce this Agreement with respect to one or more defaults by Fuschak's Page 2 of 4