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<br /> , <br /> Page 2 <br /> 1998. <br /> Section 2.03. The Developer will create at least five new full-time jobs on the <br /> Property by April 30, 1998, <br /> PART 3. TERM, ABATEMENT PERIOD AND RATE OF ABATEMENT <br /> Section 3.01. The existing and any real estate or ad valorem property taxes <br /> hereafter imposed by the City on 100% of the taxable value of the Improvements will be <br /> abated for one year (the "Tax Abatement"), if the Developer satisfies all of its obligations <br /> under this Agreement. The one year of Tax Abatement (the "Abatement Period") shall be <br /> the tax year 1998, <br /> Section 3.02. The Tax Abatement will not include any equipment, inventory, <br /> materials, or other personal property, nor will it include any increase in the value of the land <br /> upon which the Improvements are situated. <br /> PART 4. RECORDS AND AUDITS <br /> Section 4.01. On or before February 1, 1999, the Developer will furnish records to <br /> the City supporting the Developer's tax abatement for the 1999 tax year, These records <br /> will pertain to the Developer's compliance with this Agreement for the.1998 calendar year, <br /> The City will evaluate the information furnished, and will have the right to request and <br /> receive from the Developer additional information needed to help the City determine the <br /> Developer's compliance with this Agreement. Upon the City's verification of compliance <br /> with this Agreement by the Developer, the City will issue a tax abatement certificate to the <br /> Developer validating the Tax Abatement for the 1999 tax year. <br /> Section 4.02. At all times until the City's rights to declare default against the <br /> Developer have expired, the City will have access to the Property and facilities of the <br /> Developer upon reasonable prior notice for the purpose of inspecting them to ensure that <br /> the Improvements are constructed, installed, maintained and used in accordance with the <br /> terms of this Agreement. <br /> PART 5. DEFAULT <br /> Section 5.02. The City Council may declare a default under this Agreement if the <br /> Developer: <br /> 1, fails to complete construction of the Improvements by the deadline in Section <br /> 2 above; <br /> 2, refuses, fails or neglects to comply with any of the terms of this Agreement, <br /> including the provision for the creation of jobs in Section 2 above; <br /> 3. made any representation in this Agreement or in the application to the City <br /> for tax abatement that is false or misleading in any material respect; or <br /> 4. allows ad valorem taxes on the Property owed to the City to become <br /> delinquent and fails to timely and properly protest or contest the taxes, <br />