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X. Default. <br />If the City determines that the person or entity receiving an abatement is in default <br />according to the terms and conditions of its agreement, the City shall notify the company or <br />individual in writing at the address stated in the agreement, and if such default is not cured within <br />a reasonable time specified in such notice ("Cure Period"), then the agreement may be modified <br />or terminated without further notice. In the event the company or individual allows its ad <br />valorem taxes owed to the City to become delinquent and fails to timely and properly follow the <br />legal procedures for their protest and/or contest, or vioiates any of the terms and conditions of the <br />agreement and fails to cure during the Cure period, the agreement then may be modified or <br />terminated without further notice, and the agreement may provide a formula for recapture of all <br />or part of the taxes abated. At any time before the expiration, any tax abatement agreement may <br />be terminated by mutual consent of all parties involved in the same manner that the agreement <br />was executed. <br />M. Confidentiality of Proprietary Information. <br />Information that is provided to a taxing unit in connection with an application or request for <br />tax abatement under thew Guidelines and that describes the specific processes or business <br />activities to be conducted or the equipment or other property to be located on the Property for <br />which tax abatement is sought is confidential and not subject to public disclosure until the <br />agreement is executed. Such information in the custody of the City after the agreement is <br />executed is not confidential under these Guidelines. <br />XII. Proposed Tax Abatement Agreements to be decided on an Individual Basis. <br />The adoption of these Guidelines by the City does not limit the discretion ofthe City <br />Council to decide whether to enter into a specific tax abatement agreement, or limit the discretion <br />of the City Council to delegate to its employees the authority to determine whether or not the <br />City should consider a particular application or request for tax abatement, or create any property, <br />contract, or other legal right in any person or entity to have the City Council consider or grant a <br />specified application or request for tax abatement. <br />XIIL Inspections. <br />The agreement shall stipulate that employees and/ or designated representatives ofthe City <br />will have access to the Reinvestment Zone during the tern of the agreement to inspect the <br />Authorized Facility to determine if the terms and conditions of the agreement are being met. All <br />inspections will be made only after the giving of at least twenty-four (24) hours' prior notice <br />and will only be conducted in such a manner as to not unreasonably interfere with the <br />construction and/or operation of the Authorized Facility. All inspections will be made with one <br />or more representatives of the company or individual and in accordance with its safety standards. <br />Upon completion of construction, the City shall annually evaluate each Authorized <br />Facility receiving abatement to ensure compliance with the agreement and report possible <br />violations of the agreement to the City Council. <br />