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Agenda Packet
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11-12-2024
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Agenda Packet
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5.3 This abatement is granted in accordance with the City's guidelines and criteria for <br />the Program, a copy of which is attached hereto as Exhibit 3, provided, however, that in the event <br />of any conflict between this Agreement Exhibit 3, this Agreement shall control. <br />5.4 Upon receipt of the documentation set forth in Article III and in Section 6.6 herein <br />as to each constructed and completed dwelling unit, City will notify the Lamar County Appraisal <br />District to begin the tax abatement as to said unit. <br />C. Default <br />5.5 If (a) the Improvements (all six single family homes) for which an abatement has <br />been granted are not completed in accordance with this Agreement (within five (5) years of the <br />effective date hereof); or (b) Owner allows its taxes owed the City to become delinquent and fails <br />to timely and properly follow the legal procedures for protest or contest of any such; or (c) Owner <br />materially breaches any of the other terms, provisions or conditions of this Economic Development <br />Agreement and Tax Abatement Agreement, including but not limited to the Mandatory Anti - <br />Discrimination Provisions set forth herein, then owner shall be considered in default of this <br />Agreement. In the event Owner defaults in its performance of either (a), (b), or (c) above, then <br />City shall give Owner written notice of such default and if Owner has not cured such default within <br />sixty (60) days of said written notice, this Tax Abatement Agreement may be terminated by the <br />City. Notice of default shall be given in accordance with Article VI of this Agreement. <br />5.6 As damages in the event of default, and in accordance with the requirements of <br />Section 312.205(a)(4) of the Tax Code of the State of Texas, all taxes which otherwise would have <br />been paid to the City without the benefit of abatement, including taxes on those dwelling units <br />constructed and completed according to the terms of this Agreement, together with interest to be <br />charged at the statutory rate for delinquent taxes as determined by Section 33.01 of the Property <br />Tax Code of the State of Texas, with all penalties and attorney's fees permitted by the Property <br />Redevelopment and Tax Abatement Act and the Tax Code of the State of Texas, shall be <br />recaptured and will become a debt to the City and shall be due, owing, and paid to the City within <br />sixty (60) days of the expiration of the above-mentioned applicable cure period as the sole remedy <br />of the City, subject to any and all lawful offsets, settlements, deductions, or credits to which Owner <br />may be entitled. <br />VI. <br />Additional Terms applicable to both the Economic Development Agreement and <br />the Tax Abatement Agreement <br />A. No Conflict of Interest. <br />6.1 The Owner represents and warrants that neither the Properties nor the Improvements <br />include any real or personal property that is owned or leased by a member of the Paris City Council <br />or the Planning and Zoning Commission or any member thereof having responsibility for approval <br />of this Agreement. <br />no <br />
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