Res 1989-034 - Laserfiche WebLink

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-'7 .0 8 4 t"". "i 8. ,° Q. 1 ~'j.l 'f)} -5- 2. The City of San Marcos agrees to waive all fees (the "Fee Waivers") associated with zoning, the subdivision process, utility connections, utility capital recovery costs and building inspections associated with the construction of the improvements listed in part II, above. 3. The City agrees to strive to provide Rohr the lowest competitive water and wastewater rates in this geographical area, which includes the area identified as the Austin-San Antonio, IH 35 Corridor. 4. The City will, upon execution of this Agreement and request by Rohr, provide building permits to Rohr for the construction of the improvements listed in part II, above. 5. The City agrees to expedite any and all hearings, reviews, inspections and any contacts with City staff in order to ensure the timely completion of the platting process. 6. The City agrees to consider any other reasonable requests made by Rohr in order to assist Rohr in locating its operations in San Marcos. 7. The City agrees to send a representative to meet with Rohr at any mutually agreed place and time as requested by Ro hr. VII. EFFECT OF SALE, ASSIGNMENT OR LEASE OF PROPERTY A. The Tax Abatement provided for herein shall vest in Rohr and shall be assignable to each new owner of all or a portion of the property or improvements listed in Exhibit A (other than the Rohr Portion) and part II, above, respectively, for the balance of the term of this Agreement. Sales to parent companies, affiliates, subsidiaries or joint venturers or acquisitions by a third party which result in a continuation of the business in the same general manner as operated or proposed to be operated by Rohr, and the sale of land and improvements which are then leased back to Rohr or to its parent company, subsidiary or an affiliate thereof or to a joint venture, are hereby consented to and shall not result in a forfeiture of the Tax Abatement provided for herein; however, in such case Rohr agrees to give written notice thereof to the City within ten (10) days of such transaction. B. Upon the request of Rohr or CTEC, when CTEC has arranged a party to finance the project herein contemplated, the City will enter a three-party transfer agreement under which all of the rights and obligations of the parties hereunder will be preserved, although the named parties to this Agreement may be amended to include the aforesaid financing party. C. In addition to the aforesaid permitted assignments, this Agreement may be assigned to a new owner or lessee of the facility with the written consent of the City Council, which consent shall not be unreasonably withheld: Any assignment shall provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor upon the same terms and conditions as set out in this Agreement. Any assignment of this Agreement shall be to an entity that contemplates the same improvements to the property, except to the extent such improvements have been completed. No assignment shall be approved if Rohr or the assignee are indebted to the City for ad valorem taxes or other obligations. VIII. PROPERTY TAX ASSESSMENT It is understood and agreed among the parties that the real property (i.e., without regard to any improvements constructed