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08-14-14 Redevelopment Commission Meeting
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6B(1)
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to promptly begin its Project or to expend the sum of$441,264 during 2014 or the total sum of <br /> $1,866,000.00 by 2018, pursuant to this Section 3.02, shall be deemed a default under this <br /> Agreement and under the Equipment Lease Agreement, and in the event of such default <br /> NORRES shall be obligated to promptly, within fifteen (15) days, purchase the Equipment from <br /> the Commission pursuant to Section 10 of the Equipment Lease Agreement for a cash purchase <br /> price equal to one and one half(1.5) times the amount the Commission originally paid for the <br /> Equipment. <br /> 3.03 Acknowledgement and Representations of NORRES. NORRES acknowledges that the <br /> Commission is committing TIF Revenues from the Area for the purchase of the Equipment upon <br /> the representation of NORRES that it will complete its Project, in the total amount of at least <br /> $1,866,000.00 by the end of 2018 and upon the representation of NORRES that the Equipment <br /> will directly result in the creation by NORRES of 6 new jobs during 2014 and a minimum of 25 <br /> new jobs by 2018 with hourly wages averaging $14.86 per hour for laborers, $37.05 per hour for <br /> technical staff, $34.35 per hour for Managerial staff and $15.83 for administrative staff. Any <br /> failure by NORRES to create the number of jobs of the types and hourly wages or to make the <br /> investment in the Project and pursuant to this Section 3.03 shall be deemed a default under this <br /> Agreement and under the Equipment Lease Agreement, and in the event of such default <br /> NORRES shall be obligated to promptly, within fifteen (15) days, purchase the Equipment from <br /> the Commission pursuant to Section 10 of the Equipment Lease Agreement for a cash purchase <br /> price equal to one and one half(1.5) times the amount the Commission originally paid for the <br /> Equipment. <br /> ARTICLE IV. AUTHORITY <br /> 4.01 Actions. The Commission represents and warrants that it has taken or will take (subject to <br /> NORRES's performance of its agreements and obligations hereunder and applicable law) such <br /> action(s) as may be required and necessary to enable the Commission to execute this Agreement <br /> and to carry out fully and perform the terms, covenants, duties and obligations on its part to be <br /> kept and performed as provided by the terms and provisions hereof. <br /> 4.02 Powers. The Commission represents and warrants that it has full and lawful right, power <br /> and authority, under currently applicable law, to execute and deliver and perform its obligations <br /> under this Agreement, and that, subject to the conditions described herein, all of the foregoing <br /> have been or will be duly and validly authorized and approved by all necessary proceedings, <br /> findings and actions. <br /> 4.03 Authorized Parties. Whenever under the provisions of this Agreement or any other <br /> related documents and instruments, any supplemental agreement, request, demand, approval, <br /> notice or consent of the Commission or NORRES is required, or any of such parties is required <br /> to agree or to take some action at the request of another party, such approval or such consent or <br /> request shall be given (unless otherwise provided herein or prohibited by law) for the <br /> Commission by the President of the Commission or his written designee, and for NORRES by <br /> any officer of NORRES so authorized; and any person shall be authorized to act on any such <br /> agreement, request, demand, approval, notice or consent or other action and none of the parties <br /> hereto shall have any complaint against the other as a result of any such action taken. <br />
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