Res 2005-023 - Laserfiche WebLink

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I I I 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 SMVP WIll not Waive the CIty'S abIhty to enforce the agreement after that tIme PART 6. ECONOMIC INCENTIVES PROVIDED BY THE CITY Section 6.01 As partIal consIderatIOn for the constructIOn ofthe FaCIlIty and the achIevmg and mamtammg of occupancy by SMVP described m Part 2 above, the CIty agrees to prOVIde the followmg mcentIves and benefits to SMVP 1 The CIty agrees to Waive all CIty fees (the "Fee Waiver") associated WIth bmldmg permIts and mspectIOns associated WIth the constructIOn of Phase One and Phase Two of the FacIhty 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 hearmgs, reVIews, mspectIOns and contacts WIth CIty staff m order to ensure the tImely completIOn of the constructIOn process. 3 The CIty agrees to conSIder any other reasonable requests made by SMVP m order to aSSIst It m constructmg Phase One and Phase Two of the FacIlIty PART 7. EFFECT OF SALE. ASSIGNMENT OR LEASE OF PROPERTY Section 7.01 The Tax Abatement wIll be assIgnable to each new owner ofthe Property, or to financmg entItIes m the event thud party financmg IS sought, for the balance of the term of thIS Agreement. Transfers whIch result m a contmuatIOn ofthe busmess m the same general manner as operated under SMVP are consented to and do not reqUIre further CIty CouncIl approval, m tills case, SMVP or ItS successor wIll gIVe wntten notIce to the CIty wIthm 10 days after the transactIOn, and SMVP wIll be released of any further dutIes or obhgatIOns under thIS Agreement. Section 7.02. For transfers whIch will not result m a contmuatIOn of bus mess as described above, thIS Agreement may be assIgned to a new owner of the Property WIth the wntten consent of the CIty CouncIl, whIch wIll not be umeasonably WIthheld. Section 7.03. The new owner wIll assume all the dutIes and oblIgatIOns ofSMVP upon the same terms and condItIons as set out m thIS Agreement. Any aSSIgnment of thIS Agreement wIll be to an entIty that contemplates the same Improvements to the Property, except to the extent Phase One and Phase Two of the FacIhty have been completed. No aSSIgnment WIll be approved If the aSSIgnor or the aSSIgnee IS mdebted to the CIty for ad valorem taxes or other obhgatIOns. 4