Res 2005-035 - Laserfiche WebLink

Home Browse Search

I I I ASSOCiatIOn Will furnISh a letter to the CIty Manager certIfymg whether the ASSOCiatIOn has comphed wIth thIS Agreement for the prevIOUS calendar year The CIty wIll evaluate the mformatIOn furnished, and WIll have the nght to request and receIve from the ASSOCiatIOn addItIOnal informatIOn needed to help the CIty determme the ASSOCiatIOn's comphance wIth thIS Agreement. Upon the CIty'S venficatIon of comphance wIth thIS Agreement by the AssocIatIOn for the prevIOUS calendar year, the CIty WIll Issue a tax abatement certIficate to the ASSOCiatIOn vahdatmg the Tax Abatement for the current tax year Section 4.02. At all tImes untIl the CIty'S nghts to declare default agamst the AssocIatIOn have expIred, the CIty wIll have access to the Property and the Faclhty upon reasonable pnor notIce for the purpose of mspectmg them to ensure that the Faclhty IS constructed, mamtamed and used m accordance WIth the terms of thIS Agreement. PARTS. DEFAULT Section 5.01 The CIty Manager may declare a default under thIS Agreement If the ASSOCiatIOn. 1 falls to complete constructIOn of the Faclhty by the deadlme m SectIOn 202 above, 2 refuses, falls or neglects to comply WIth any of the terms of thIS Agreement, mcludmg the provlSlon for the transfer or mamtenance of Job eqUIvalents m SectIOn 2.03 above, 3 made any representatIOn m thIS Agreement or m the apphcatIOn to the CIty for tax abatement that IS false or mlsleadmg m any matenal respect; or 4 allows ad valorem taxes on the Property or the Faclhty owed to the CIty to become dehnquent unless the ASSOCiatIOn tImely and properly protests or contests the taxes. Section 5.02 If the CIty Manager determmes that the ASSOCiatIOn IS m default of thIS Agreement on a baSIS other than the failure to transfer or mamtamJobs or to pay ad valorem taxes on the Property or the Faclhty, the CIty Manager wIll notIfy the ASSOCiatIOn m wrltmg, and Ifthe default IS not cured wlthm 60 days from the date of the notIce, then the CIty CouncIl may termmate thIS Agreement. No cure IS allowed for defaults mvolvmg the faIlure to transfer or mamtamJobs or to pay ad valorem taxes on the Property or the Faclhty If the CIty CouncIl termmates thIS Agreement, the Tax Abatement for the remamder of the Abatement Penod wIll be rescmded. Section 5.03. If the CIty Manager determmes that the ASSOCiatIOn has failed to transfer the full number of full-tIme Job eqUIvalents described m SectIOn 2 03 by the deadlme determmed under 3