Res 1998-093 - Laserfiche WebLink

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1435 095 Page 3 Section 4.02. At all times until the City's rights to declare default against Dayton Hudson have expired, the City will have access to the Property and facilities of Dayton Hudson upon reasonable prior notice for the purpose of inspecting them to ensure that the New Improvements are constructed, installed, maintained and used in accordance with the terms of this Agreement. PARTS. DEFAULT Section 5.01. The City Council may declare a default under this Agreement if Dayton Hudson: 1. fails to complete construction of the New Improvements by the deadline in Section 2.01 above; 2. refuses, fails or neglects to comply with any of the terms of this Agreement, including the provision for the creation of jobs 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 owed to the City to become delinquent and fails to timely and properly protest or contest the taxes. Section 5.02. If the City Manager determines that Dayton Hudson is in default of this Agreement on a basis other than the failure to create or maintain jobs or to pay ad valorem taxes on the Property; the City Manager will notify Dayton Hudson in writing, and ifthe default is not cured within 60 days from the date of the notice (the "Cure Period"), then the City Council may terminate this Agreement. No cure is allowed for defaults involving the failure to create or maintain jobs or to pay ad valorem taxes on the Property. If the City Council terminates this Agreement, the tax abatement will be rescinded. Section 5.03. If the City Manager determines that Dayton Hudson has failed to ensure the creation ofthe full number offull-tÍme jobs described in Section 2.03 by the deadline stated in that section, then this Agreement will terminate, and the Tax Abatement will be rescinded. Section 5.04. If this Agreement is terminated under this Section, Dayton Hudson 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