Res 2004-075 - Laserfiche WebLink

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jobs in the Building described in Part 2 above, the City agrees to provide the following incentives and benefits to K-W: 1. The City agrees to waive all City fees (the "Fee Waiver") associated with zoning, the subdivision process, and building permits and inspections associated with the construction of the Building. The 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 consider any other reasonable requests made by K-W in order to assist it in the construction of the Building. PART 4. DEFAULT Section 4.01. The City Manager may declare a default under this Agreement if K-W: 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 creation 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 K-W timely and properly protests or contests the taxes). Section 4.02. If the City Manager determines that K-W is in default of this Agreement on a basis other than the failure to create jobs or to pay ad valorem taxes on the Property or the Building, the City Manager will notify K-W 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 K-W is in default of this Agreement on the basis of failure to create jobs or to pay ad valorem taxes on the Property or the Building, the City Manager may terminate this Agreement without allowing K-W to cure the default. If the City Manager terminates this Agreement, then K-W 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 of the Fee Waiver if this payment is not timely made.