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Res 2013-172/Approving a 380 Economic Development Incentive Agreement w/Clovis Barker Business Park L.P
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Res 2013-172/Approving a 380 Economic Development Incentive Agreement w/Clovis Barker Business Park L.P
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11/22/2013 12:28:44 PM
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11/22/2013 11:34:26 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2013-172
Date
11/19/2013
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d. a statement regarding whether any or all of the Building Improvements are <br />fully leased <br />e. a statement that it is in full compliance with Developer's obligations under <br />this Agreement. <br />Upon receipt of any such form, the City may notify the Developer in writing of any questions <br />that the City may have with any of the information provided by the Developer, and the <br />Developer shall diligently work in good faith to respond to such questions to the City's <br />reasonable satisfaction. <br />Section 7.03. Review of Developer Records. The Developer agrees that the City will <br />have the right to review the business records of the Developer as reasonably necessary, that <br />relate to Developer's compliance with the terms of this Agreement at any reasonable time and <br />upon at least seven days' prior notice to the Developer in order to determine compliance with <br />this Agreement. To the extent reasonably possible, the Developer shall make all such records <br />available in electronic form or otherwise available to be accessed through the internet. <br />ARTICLE VIII <br />DEFAULT, TERMINATION AND REMEDIES <br />Section 8.01. Default and Termination. If the Developer is not in compliance with this <br />Agreement, the City may, in its sole discretion, withhold Grant Payments that would otherwise <br />be due to Developer for the year during which the noncompliance occurred or terminate the <br />Agreement by providing written notice thereof to Developer. If the City elects to withhold Grant <br />Payments, the City may, in its sole discretion, resume Grant Payments for any subsequent years <br />during the Term in which the Developer is in compliance; however, any Grant Payments <br />withheld by the City for any years during which Developer is not in compliance shall be deemed <br />forfeited by the Developer and the City shall at no time be liable for later payment of such Grant <br />
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