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06-A Paris Warehouse 107 Opt.
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06-A Paris Warehouse 107 Opt.
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Last modified
11/8/2005 11:20:29 AM
Creation date
7/7/2003 5:46:31 PM
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Template:
AGENDA
Item Number
6-A
AGENDA - Type
RESOLUTION
Description
1st Amendment to Tax Abatement Agreement
AGENDA - Date
7/14/2003
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"5.2. OWNER agrees that, during that portion of the term of the <br />AGREEMENT occurring subsequent to January 1, 2000, and extending through <br />December 31,2005, it will not reduce below twenty-two (22) the number of such <br />new, permanent jobs so created." <br /> <br /> "VI. <br />"Default <br /> <br /> "6.1. In the event that (a) the IMPROVEMENTS for which an <br />abatement has been granted are not completed in accordance with this <br />AGREEMENT or (b) OWNER allows its ad valorem taxes owed the CITY to <br />become delinquent and fails to timely and properly follow the legal procedures <br />for protest or contest of any such ad valorem taxes; or (c) OWNER breaches any <br />of the terms and conditions of this AGREEMENT or any amendments or <br />extensions thereto, then this AGREEMENT shall be in default. In the event the <br />OWNER defaults in its performance of either (a), or (b) or (c) above, then the <br />CITY shall give the OWNER written notice of such default and if the OWNER <br />has not cured such default with thirty (30) days of said written notice, or, if such <br />default cannot be cured by the payment of money and cannot, with due diligence, <br />be cured within a 90-day period due to cause beyond the control of the OWNER, <br />this AGREEMENT may be modified or terminated by the CITY. Notice shall <br />be in accordance with paragraph 14.3. As liquidated damages in the event of <br />default, all taxes which otherwise would have been paid to the CITY without the <br />benefit of abatement, including those taxes abated under this AGREEMENT for <br />that taxable year beginning January 1, 1999, and continuing through the period <br />of this contract extension, together with interest to be charged at the statutory rate <br />for delinquent taxes as determined by Section 33.01 of the Property Tax Code of <br />the State of Texas, with all penalties permitted by the Property Redevelopment <br />and Tax Abatement Act and the Property Tax Code of the State of Texas, shall <br />be recaptured and become a debt to the CITY and shall be due, owing and paid <br />to the CITY within sixty (60) days of the expiration of the above mentioned <br />applicable cure period as the sole remedy of the CITY subject to any and all <br />lawful offsets, settlements, deductions, or credits to which OWNER may be <br />entitled. The parties acknowledge that actual damages in the event of default and <br />termination would be speculative and difficult to determine." <br /> <br /> "VII. <br />"Tax Abatement <br /> <br /> "7.1 It is understood and agreed among the parties that the PROPERTY, <br />also known as Tax Reinvestment Zone Number Five, shall be appraised at market <br /> <br />Page 2 of 5 <br /> <br /> <br />
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