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<br />Doc Bk Vol Pg <br />00018331 OPR 1701 578 <br /> <br />Page 3 <br /> <br />These records will pertain to the Developer's compliance with this Agreement for the previous <br />calendar year. The City will evaluate the information furnished, and will have the right to request <br />and receive from the Developer additional information needed to help the City determine the <br />Developer's compliance with this Agreement. Upon the City's verification of compliance with this <br />Agreement by the Developer for the previous calendar year, the City will issue a tax abatement <br />certificate to the Developer validating the Tax Abatement for the current tax year. <br />Section 4.02. At all times until the City's rights to declare default against the Developer have <br />expired, the City will have access to the Property and the Facilities upon reasonable prior notice for <br />the purpose of inspecting them to ensure that the Facilities are constructed, installed, maintained and <br />used in accordance with the terms of this Agreement. <br /> <br />PARTS. DEFAULT <br /> <br />Section 5.01. The City Manager may declare a default under this Agreement if the <br />Developer: <br />1. fails to complete construction of the Facilities by the deadline in Section 2.02 above; <br />2. refuses, fails or neglects to comply with any of the terms of this Agreement, <br />including the provision for the creation and maintenance of job equivalents in Section <br />2.03 above; <br />3. made any representation in this Agreement or in the application to the City for tax <br />abatement that is false or misleading in any material respect; or <br />4. allows ad valorem taxes on the Property owed to the City to become delinquent <br />unless the Developer timely and properly protests or contests the taxes. <br />Section 5.02. If the City Manager determines that the Developer is in default of this <br />Agreement on a basis other than the failure to create jobs or to pay ad valorem taxes on the Property, <br />the City Manager will notify the Developer in writing, and if the default is not cured within 60 days <br />from the date ofthe notice, then the City Council may terminate this Agreement. No cure is allowed <br />for defaults involving the failure to create jobs or to pay ad valorem taxes on the Property. If the City <br />Council terminates this Agreement, the Tax Abatement for the remainder of the Abatement Period <br />will be rescinded. <br />