Res 2007-124 - Laserfiche WebLink

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Fee Waiver does not extend to water and wastewater impact fees charged by the City, nor does it include the cost of connecting the Building's waste water line to the City's line.. 2. The City agrees to consider any other reasonable requests made by So High in order to assist it in the construction of the Building and related facilities. I PART 4. DEFAULT Section 4.01. The City Manager may declare a default under this Agreement if So High: 1. fails to complete the construction of the Building 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 retention of jobs in Section 2.03 above; 3. made any representation in this Agreement or in the application to the City for development incentives 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 (unless So High timely and properly protests or contests the taxes). Section 4.02. Ifthe City Manager determines that So High is in default of this Agreement on a basis other than the failure to retain jobs orto pay ad valorem taxes on the Property or the Building, I the City Manager will notify So High in writing, and ifthe default is not cured within 30 days from the date of the notice, then the City Manager may terminate this Agreement. If the City Manager determines that So High is in default of this Agreement on the basis of failure to retain jobs or to pay ad valorem taxes on the Property or the Building, the City Manager may terminate this Agreement without allowing So High to cure the default. If the City Manager terminates this Agreement, then So High will pay to the City the full value of the Fee Waiver provided for in Section 3.01 above within 30 days of the termination date. The City will be entitled to record a lien against the Property to secure the full amount of the Fee Waiver if this payment is not timely made. Section 4.03. The City may exercise its remedies for default 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 So High will not waive the City's ability to enforce the Agreement after that time. PART 5. INDEPENDENT CONTRACTOR/INDEMNITY Section 5.01. It is understood and agreed between the parties that the City and So High, in I executing this Agreement, and in performing their respective obligations, are acting independently, Page 2 of4