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<br />under these Guidelines and that describes the specific processes or business activities to be <br />conducted or the equipment or other property to be located on the property for which tax <br />Abatement is sought is confidential and not subject to public disclosure until the Agreement <br />is executed. Such information in the custody of the City after the Agreement is executed <br />is not confidential under these Guidelines. <br /> <br />VIII. PROPOSED TAX ABATEMENT AGREEMENTS TO BE DECIDED ON AN <br />INDIVIDUAL BASIS. The adoption of these Guidelines by the City Council does not (i) <br />limit the discretion of the City Council to decide whether to enter into a specific tax <br />Abatement agreement, or (ii) limit the discretion of the City to delegate to its employees <br />the authority to determine whether or not the City Council should consider a particular <br />application or request for tax Abatement, or (iii) create any property, contract, or other <br />legal right in any person or entity to have the City Council consider or grant a specific <br />application or request for tax Abatement. <br /> <br />IX. INSPECTIONS. The Agreement shall stipulate that employees and/or designated <br />representatives of the City will have access to the Reinvestment Zone during the term of <br />the Agreement to inspect the facility to determine if the terms and conditions of the <br />Agreement are being met. All inspections will be made only after the giving of at least <br />twenty-four (24) hours' prior notice and will only be conducted in such manner as to not <br />umeasonably interfere with the construction and/or operation of the facility. All <br />inspections will be made with one or more representatives of the company or individual <br />and in accordance with its safety standards. <br /> <br />Upon completion of construction, the City shall annually evaluate each facility receiving <br />Abatement to ensure compliance with the Agreement and report possible violations of the <br />Agreement to the City Council. <br /> <br />X. MODIFICATIONS OF AGREEMENT. At any time before the expiration of an <br />Agreement made under these Guidelines, the Agreement may be modified by the parties <br />to the Agreement to include other provisions that could have been included in the original <br />Agreement or to delete provisions that were contained in the original Agreement. The <br />modification must be made by the same procedure by which the original Agreement was <br />approved and executed. The original Agreement, however, may not be modified to extend <br />the term of the Agreement or the term of the Abatement granted therein beyond the time <br />permitted by state law. <br /> <br />XI. ASSIGNMENT. An Agreement may be assigned to a new owner or lessee of the facility <br />only with the prior written consent of the City. Any assignment shall provide that the <br />assignee shall irrevocably and unconditionally assume all the duties and obligations of the <br />assignor upon the same terms and conditions as set out in the Agreement, and the City's <br />approval shall be subject to the determination of the financial capability of such assignee. <br />Any assignment of an Agreement shall be to an entity that contemplates the same <br /> <br />-8- <br />