Res 2013-172/Approving a 380 Economic Development Incentive Agreement w/Clovis Barker Business Park L.P

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this Agreement. Under no circumstances shall the City's obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. Consequently, notwithstanding any other provision of this Agreement, the City shall have no obligation or liability to pay any Grant Payments or other payments unless the City budgets and appropriates funds to make such payments during the City's fiscal year in which such Grant Payment(s) or other payments are payable under this Agreement. Section 6.03. No Recourse. Developer shall have no recourse against the City for failing to budget and appropriate funds during any fiscal year to meet the purposes and obligations under this Agreement. ARTICLE VII INFORMATION Section 7.01. Information. The Developer shall, at such times and in such form as City may reasonably request from the Developer, provide information concerning the performance of the Developer's obligations under this Agreement. Section 7.02. Certification. Upon completion of the Building Improvements and before the City shall make the first Grant Payment due under this Agreement, Developer shall submit to the City a certified statement in a form acceptable to the City, signed by an authorized officer or employee of the Developer, providing the following information: a. a description of the completed Building Improvements, together with a copy of the certificates of occupancy issued for the Building Improvements; b. invoices and related documentation verifying the capital investment incurred by Developer to construct the Building Improvements; C. copies of paid invoices from the Tax Office showing the amount of Real Property Taxes paid for the preceding tax year;