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COVENANTS, TERMS and CONDITIONS <br /> 1. Tax Grants. Pursuant to the Program, as modified, the County shall in <br /> accordance with and as provided by this Agreement,pay to Project Fall Applicant an <br /> economic development grant (the "Grants") as follows: <br /> (a) For a period of three (3) consecutive years,the County shall make <br /> Grants to Project Fall Applicant in an amount equal to 85 percent of the increase in <br /> property tax paid by Project Fall Applicant on the actual assessed ad valorem tax value <br /> increase occasioned by construction and equipment installation of the New Investment in <br /> the Facility at the Site; <br /> Project Fall Applicant may elect the initial year in which the Grants <br /> identified in Paragraph 1(a) shall commence and shall so notify the County in writing; <br /> provided that the initial Grant year shall commence no later than twelve (12) months after <br /> the qualifying equipment or construction has been released from an in-process stage to a <br /> fully-operational stage. <br /> The process of assessment of the tax value of the New Investment, the calculation <br /> of the Grant amounts and the payment of the Grants are more particularly described in <br /> the Program, which provisions are part of this Agreement. The County hereby confirms <br /> that it has approved the application of the Program as modified to the Facility and has <br /> authorized the Grants and other terms of this Agreement. The County and Project Fall <br /> Applicant further confirm that this Agreement constitutes the"formal agreement" <br /> required under the Program and that the terms of this Agreement and those contained in <br /> the attached description of the Program shall govern the application of the Program to the <br /> Facility, except as specifically modified herein. Project Fall Applicant agrees to forward <br /> to the EDC and the County Manager, at the time it makes its annual property tax <br /> payments, a copy of the property tax payment receipt, which must be requested from the <br /> Tax Collector and the Cabarrus County Tax Assessor's statement(the "Assessor's <br /> Statement") of the valuation of the New Investment located at the Facility. The <br /> Assessor's Statement may be issued only after: <br /> (a) Project Fall Applicant has completed the Assessor's questionnaire <br /> and other substantiating corroborating documentation identified in the Program to the <br /> satisfaction of the Assessor; and <br /> (b) The Assessor has had the reasonable opportunity to review, <br /> evaluate and verify a value for the New Investment. <br /> The County agrees that the Grant payments pursuant to Paragraph 1(a)to be made <br /> to Project Fall Applicant during the respective term will be made within ninety(90) days <br /> after payment by Project Fall Applicant of all property taxes due to the County and the <br /> delivery of the Assessor's Statement. These are conditions precedent to any Grant <br /> payment. Project Fall Applicant also agrees to designate a person within its organization <br /> 2 <br /> Attachment number 3\n <br /> G-1 Page 64 <br />