Res 2006-190 - Laserfiche WebLink

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that Section, then this Agreement will terminate, and the Tax Abatement will be rescinded. If the City Manager determines that the Association has failed to maintain the full number of full-time job equivalents required in Section 2.03 for the 2007,2008,2009, or 2010 calendar year (2008,2009, 2010 or 2011 in the event the Association delays the construction completion and/orjob creation and maintenance requirements by notice under Section 2.02 and/or Section 2.03 above), then the Association's Tax Abatement for the respective following tax year will be limited to A/5 of the taxable value of the Facility, with "A" being the number of full-time job equivalents maintained during the calendar year, and this Agreement will remain in effect for the remainder of the Abatement Period. Section 5.04. If this Agreement is terminated under this Section, the Association will pay to the City the full value of all fee waivers provided for in Section 6 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 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 in recordable form stating this Agreement has been performed, and the Association 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 Association 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 Facility and the transfer and maintenance of the jobs by the Association described in Part 2 above, the City agrees to provide the following incentives and benefits to the Association: 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 Facility. The Fee Waiver does not extend to water and wastewater impact fees charged by the City. 4