Res 2006-190 - Laserfiche WebLink

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Association will furnish a letter to the City Manager certifying whether the Association has complied with this Agreement for the previous calendar year. The City will evaluate the information furnished, and will have the right to request and receive from the Association additional information needed to help the City determine the Association's compliance with this Agreement. Upon the City's verification of compliance with this Agreement by the Association for the previous calendar year, the City will issue a tax abatement certificate to the Association validating the Tax Abatement for the current tax year. Section 4.02. At all times until the City's rights to declare default against the Association have expired, the City will have access to the Property and the Facility upon reasonable prior notice for the purpose of inspecting them to ensure that the Facility is constructed, maintained and used in 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. fails to complete construction of the Facility by the deadline in Section 2.02 above; 2. refuses, fails or neglects to comply with any of the terms of this Agreement, including the provision for the transfer or maintenance of job equivalents in Section 2.03 above; 3. made any representation in this Agreement or in the application to the City for tax abatement that is false or misleading in any material respect; or 4. allows ad valorem taxes on the Property or the Facility owed to the City to become delinquent unless the Association timely and properly protests or contests the taxes. Section 5.02. If the City Manager determines that the Association is in default of this Agreement on a basis other than the failure to transfer or maintain jobs or to pay ad valorem taxes on the Property or the Facility, the City Manager will notify the Association in writing, and if the default is not cured within 60 days from the date of the notice, then the City Council may terminate this Agreement. No cure is allowed for defaults involving the failure to transfer or maintainjobs or to pay ad valorem taxes on the Property or the Facility. If the City Council terminates this Agreement, the Tax Abatement for the remainder of the Abatement Period will be rescinded. Section 5.03. If the City Manager determines that the Association has failed to transfer the full number of full-time job equivalents described in Section 2.03 by the deadline determined under 3