Res 2005-035 - Laserfiche WebLink

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I I I that SectIOn, then thIS Agreement will termmate, and the Tax Abatement WIll be rescmded. If the CIty Manager determmes that the ASSOcIatIOn has faIled to mamtam the full number of full-tIme Job eqUIvalents reqUIred m SectIOn 203 for the 2006, 2007, 2008, or 2009 calendar year (2007, 2008, 2009 or 2010 m the event the ASSOCiatIOn delays the constructIOn completIOn and/or Job creatIOn and mamtenance reqUIrements by notIce under SectIOn 2 02 and/or SectIOn 2 03 above), then the ASSOCiatIOn's Tax Abatement for the respectIve followmg tax year wIll be hmlted to A/5 of the taxable value of the Faclhty, wIth "A" bemg the number of full-tIme Job eqUIvalents mamtamed durmg the calendar year, and thIS Agreement WIll remam m effect for the remamder of the Abatement Penod. Section 5.04 If thIS Agreement IS termmated under thIS SectIOn, the ASSOCiatIOn WIll pay to the CIty the full value of all fee Waivers provIded for m SectIOn 6 below wlthm 60 days of the termmatIOn date. The CIty wIll be entItled to record a hen agamst the Property to secure the full value of the fees so waIved If thIS payment IS not tImely made Section 5.05 At the tIme thIS Agreement IS fully performed by the ASSOCiatIOn, and upon the wrItten request of the ASSOCiatIOn, the CIty Manager wIll execute a certIficate m recordable form statmg thIS Agreement has been performed, and the ASSOCiatIOn wIll be released of all further dutIes or obhgatIOns under thIS Agreement. Section 5.06 The CIty CouncIl reserves the sole dIscretIOn to choose among the remedIes for default enumerated m SectIOns 5 01 through 5 04 above These remedIes may be used m 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 the ASSOCiatIOn wIll not Waive the CIty'S ablhty 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 Faclhty and the transfer and mamtenance of the Jobs by the ASSOCiatIOn described m Part 2 above, the CIty agrees to proVIde the followmg mcentIves and benefits to the ASSOCiatIOn. 1 The CIty agrees to Waive all CIty fees (the "Fee Waiver") assocIated WIth zonmg, the subdIVIsIOn process, and bUIldmg permIts and mspectIOns assocIated WIth the constructIOn of the Faclhty The Fee Waiver does not extend to water and wastewater Impact fees charged by the CIty 4