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Doc Bk Vol Pg 00013211 OPR 1679 249 Page 4 number of full-time job equivalents described in Section 2.03 by the deadline stated in that section, then this Agreement will terminate, and the Tax Abatement will be rescinded. If the City Manager determines that the Developer has failed to maintain the full number of full-time job equivalents during any year of the Abatement Period, then the Developer's Tax Abatement for the following tax year will be limited to A/32 of the taxable value of the Facilities, with "A" being the number of full- time job equivalents maintained during the previous calendar year. Section 5.04. If this Agreement is terminated under this Section, the Developer will pay to the City the full value of all fee waivers provided for in Section 6.01 below within 60 days of the termination date. The City will be entitled to record a lien against the Property to secure the full value of the fees Su waived if this payment is not timely made. Section 5.05. At the time this Agreement is fully performed by the Developer, and upon the written request of the Developer, the City Manager will execute a certificate in recordable form stating this Agreement has been performed, and the Developer will be released of all further duties or obligations under this Agreement. Section 5.06. The City Council reserves the sole discretion to choose among the remedies for default enumerated in Sections 5.01 through 5.04 above. These remedies may be used in 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 Developer will not waive the City's ability to enforce the agreement after that time. PART 6. ECONOMIC INCENTIVES PROVIDED BY THE CITY Section 6.01. As partial consideration for the construction of the Facilities and the creation of the jobs by the Developer described in Part 2 above, the City agrees to provide the following incentives and benefits to the Developer: 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 Facilities. The Fee Waiver does not extend to water and wastewater impact fees charged by the City.