Res 1998-093 - Laserfiche WebLink

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1435 096 Page 4 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 Dayton Hudson, the City Manager will execute a certificate in recordable form stating this Agreement has been performed, and Dayton Hudson 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 subsections A through D above. These remedies may be used in conjunction with one another or separately, and together with any other statutory or common law rights of the City. PART 6. ECONOMIC INCENTIVES PROVIDED BY THE CITY OF SAN MARCOS Section 6.01. As partial consideration for the construction of the New Improvements and the creation ofthe jobs by Dayton Hudson described in Part 2 above, the City agrees to provide the following incentives and benefits to Dayton Hudson: 1. The City agrees to waive all fees (the "Fee Waiver") associated with zoning, the subdivision process, utility connections, and building permits and inspections associated with the construction of the New Improvements. The Fee Waiver does not extend to water and wastewater impact fees charged by the City. 2. The City agrees to expedite the process for all hearings, reviews, inspections and contacts with City staff in order to ensure the timely completion of the construction process. 3. The City agrees to consider any other reasonable requests made by Dayton Hudson in order to assist it in constructing the New Improvements. PART 7. EFFECT OF SALE, ASSIGNMENT OR LEASE OF PROPERTY Section 7.01. The Tax Abatement will be assignable to each new owner of the Property for the balance of the term of this Agreement. Transfers which result in a continuation of the business in the same general manner as operated under Dayton Hudson are consented to and do not require further City Council approval; in this case, Dayton Hudson or its successor will give written notice to the City within 10 days after the transaction, and Dayton Hudson will be released of any further.