Laserfiche WebLink
<br />or (b) limit the discretion of the city council to delegate to <br />its employees the authority to determine whether or not the city <br />council should consider a particular application or request for <br />tax Abatement, or (c) create any property, contract, or other <br />legal right in any person or entity to have the city Council <br />consider or grant a specific application or request for tax <br />Abatement. <br /> <br />9. INSPECTIONS. The Agreement shall stipulate that <br />employees and/or designated representatives of the city will have <br />access to the Reinvestment Zone during the term of the Agreement <br />to inspect the facility to determine if the terms and conditions <br />of the Agreement are being met. All inspections will be made <br />only after the giving of twenty-four (24) hours' prior notice and <br />will only be conducted in such manner as to not unreasonably <br />interfere with the construction and/or operation of the facility. <br />All inspections will be made with one or more representatives of <br />the company or individual and in accordance with its safety stan- <br />dards. <br /> <br />Upon completion of construction, the city shall annual- <br />ly evaluate each facility receiving Abatement to ensure compli- <br />ance with the Agreement and report possible violations to the <br />Agreement to the city Council. <br /> <br />10. MODIFICATIONS OF AGREEMENTS. At any time before the <br />expiration of an Agreement made under these Guidelines, the <br />Agreement may be modified by the parties to the Agreement to <br />include other' provisions that could have been included in the <br />original Agreement or to delete provisions that were not neces- <br />sary to the original Agreement. The modification must be made by <br />the same procedure by which the original Agreement was approved <br />and executed. The original Agreement, however, may not be <br />modified to extend the term of the Agreement or the term of the <br />Abatement granted therein beyond the time permitted by state law. <br /> <br />11. ASSIGNMENT. An Agreement may be assigned to a new <br />owner or lessee of the facility only with the prior written <br />consent of the City. Any assignment shall provide that the <br />assignee shall irrevocably and unconditionally assume all the <br />duties and obligations of the assignor upon the same terms and <br />conditions as set out in the Agreement, and the City's approval <br />shall be subject to the determination of the financial capability <br />of such assignee. Any assignment of an Agreement shall be to an <br />entity that contemplates the same improvements or repairs to the <br />property, except to the extent such improvements or repairs have <br />been completed. No assignment shall be approved if the assignor <br />or the assignee are indebted to the city for ad valorem taxes or <br />other obligations, or if any event of default under the Agreement <br />remains uncured. <br /> <br />jmw3:373a/cgl <br />041090-1 <br /> <br />-7- <br />