Laserfiche WebLink
and state requirements within twenty (20) days following any such request. Notwithstanding <br /> anything herein to the contrary,the Applicant acknowledges that the City may be required to disclose <br /> certain documents provided by the Applicant as required by a court order or applicable law. <br /> 4. Substantial Compliance and Rights of Termination. The City, by and through the SBCC, <br /> reserves the right to terminate the Economic Revitalization Area designation and associated property <br /> tax abatement deductions if it reasonably determines that the Applicant has not made reasonable <br /> efforts to substantially comply with all the Commitments, as defined in Section 2 of this Agreement, <br /> and the Applicant's failure to substantially comply with the Commitments was not due to factors <br /> beyond its reasonable control,as described in Section 5 below. <br /> 5. Factors Beyond Control. As used in this Agreement, factors beyond the control of the <br /> Applicant shall only include factors not reasonably foreseeable at the time of designation application <br /> and submission of Statement of Benefits which are not caused by any act or omission of the <br /> Applicant, and which materially and adversely affect the ability of the Applicant to substantially <br /> comply with this Agreement. Applicant has the burden to communicate to the City any such factors <br /> in which it believes is beyond its control and impacting its ability to fulfill the terms of this <br /> Agreement or any tax abatement benefit provided to the City. The City reserves the right to <br /> investigate the factors cited by Applicant under this Section 5 to the fullest extent possible and may <br /> deny Applicant's request upon the completion of the City's investigation. <br /> 6. Repayment of Tax Abatement Savings. If at any time during the term of this Agreement the <br /> Applicant shall: (a) be delinquent or in default with respect to any tax payment in St. Joseph County, <br /> Indiana; or (b) cease operations at the facility for which the tax abatement was granted; or (c) <br /> announce the cessation of operations at such facility, then the City may immediately terminate the <br /> Economic Revitalization Area designation and associated tax abatement deductions, and upon such <br /> termination, require Applicant to repay all of the tax abatement savings received through the date of <br /> such termination. <br /> 7. Notice/Hearing of Termination. In the event that the City determines that the Economic <br /> Revitalization Area designation and associated tax abatement deductions should be terminated or that <br /> all or a portion of the tax abatement savings should be repaid, it will give the Applicant notice of <br /> such determination, including a written statement calculating the amount due from the Applicant, and <br /> will provide the Applicant with an opportunity to meet with the City's designated representatives to <br /> show cause why the abatement should not be terminated and/or the tax savings repaid. Such notice <br /> shall state the names of the person with whom the Applicant may meet and will provide that the <br /> Applicant shall have thirty (30) days from the date of such notice to arrange such meeting and to <br /> provide its evidence concerning why the abatement termination and/or tax savings repayment should <br /> not occur. If, after giving such notice and receiving such evidence, if any, the City determines that <br /> the abatement termination and/or the tax repayment action is proper, the Applicant shall be provided <br /> with written notice and a hearing before the SBCC before any final action shall be taken terminating <br /> the abatement and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal <br /> that determination to a St. Joseph County Superior or Circuit Court. <br /> 8. Repayment. In the event the City requires repayment of the tax abatement savings as <br /> provided hereunder, it shall provide Applicant with a written statement calculating the amount due <br /> (the "Statement"), and Applicant shall make such repayment to the City within one hundred twenty <br /> (120) days of the date of the Statement. If the Applicant does not make timely repayment, the City <br /> shall be entitled to all reasonable costs and attorneys' fees incurred in the enforcement of this <br /> Agreement and the collection of the tax abatement savings required to be repaid hereunder. <br /> 2 <br />