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01-13-14 Council Agenda & Packet
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01-13-14 Council Agenda & Packet
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1/10/2014 2:47:58 PM
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
1/13/2014
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Memorandum of Agreement <br />Page 3 of 6 <br />of the Applicant and which materially and adversely affect the ability of the Applicant to <br />substantially comply with this Agreement. <br />6. Repayment of Tax Abatement Savings. If at any time during the term of this <br />Agreement the Applicant shall: (i) be delinquent or in default with respect to any tax payment in <br />St. Joseph County, Indiana; or (ii) cease operations at the facility for which the tax abatement <br />was granted; or (iii) announce the cessation of operations at such facility, then the City may <br />immediately terminate the Economic Revitalization Area designation and associated tax <br />abatement deductions, and upon such termination, require Applicant to repay all of the tax <br />abatement savings received through the date of such termination. <br />7. Notice/Hearing of Termination. In the event that the City determines that the <br />Economic Revitalization Area designation and associated tax abatement deductions should be <br />terminated or that all or a portion of the tax abatement savings should be repaid, it will give the <br />Applicant notice of such determination, including a written statement calculating the amount due <br />from the Applicant, and will provide the Applicant with an opportunity to meet with the City's <br />designated representatives to show cause why the abatement should not be terminated and /or the <br />tax savings repaid, Such notice shall state the names of the person with whom the Applicant <br />may meet and will provide that the Applicant shall have thirty days from the date of such notice <br />to arrange such meeting and to provide its evidence concerning why the abatement termination <br />and /or tax savings repayment should not occur. If, after giving such notice and receiving such <br />evidence, if any, the City determines that the abatement termination and /or the tax repayment <br />action is proper, the Applicant shall be provided with written notice and a hearing before the <br />SBCC before any final action shall be taken terminating the abatement and /or requiring <br />repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St. <br />Joseph County Superior or Circuit Court. <br />8. Repayment. In the event the City requires repayment of the tax abatement <br />savings as provided hereunder, it shall provide Applicant with a written statement calculating the <br />amount due (Statement), and Applicant shall make such repayment to the City within 30 days of <br />the date of the Statement. If the Applicant does not make timely repayment, the City shall be <br />entitled to all reasonable costs and attorneys' fees incurred in the enforcement and collection of <br />the tax abatement savings required to be repaid hereunder. <br />
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