AG 2016 02 15 - Laserfiche WebLink

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(a) Project Burgundy Applicant has completed the Assessor's questionnaire and other substantiating corroborating documentation identified in the Program to the satisfaction of the Assessor; and (b) The Assessor has had the reasonable opportunity to review, evaluate and verify a value for the New Investment. The County agrees that the Grant payments pursuant to Paragraph I(a) to be made to Project Burgundy Applicant during the respective term will be made within thirty (30) days after payment by Project Burgundy Applicant of all property taxes due to the County and the delivery of the Assessor's Statement. These are conditions precedent to any Grant payment. 2. State Incentives. The County agrees to assist Project Burgundy Applicant in obtaining any incentives, grants and programs that may be or become available from the State of North Carolina; however, the County shall not be responsible for obtaining or paying any State incentives to Project Burgundy Applicant, except as otherwise provided by law. 3. Validity of Incentives. As stated in the Program, no change in the Program after the date of this Agreement shall apply to the provisions of this Agreement or to the New Investment or the Facility (as it may be expanded or modified) unless otherwise agreed to in writing by the County and Project Burgundy Applicant. In the event one or more lawsuits or other proceedings are brought against the County or any County elected official challenging the legality of this Agreement or any provision, the County shall defend against any and all such lawsuits or other proceedings, including appealing any adverse judgment to the highest appellate court of the State of North Carolina. In the event that any of the economic development Grants or other agreements of the County are determined to be invalid, the County agrees that it will, to the extent permitted by law, provide Project Burgundy Applicant with incentives of substantially equal value pursuant to one or more replacement economic development grant programs. 4. Noncompliance by Project Burgundy Applicant. Project Burgundy Applicant acknowledges that at any time during the period that a Grant is paid or is to be paid to Project Burgundy Applicant by County, if Project Burgundy Applicant has (a) failed or fails to make or maintain the New Investment, (b) failed or fails to timely provide and maintain the jobs at the average wage represented to the EDC and the County; (c) fails to continue in business a fully operational Facility or (d) fails to comply with State law, any provision of this Agreement or any provision of the Program applicable to this Agreement, then Project Burgundy Applicant shall be in default of this Agreement. In any such event, the County may at its option terminate this Agreement and no further Grants shall be paid to Project Burgundy Applicant and any Grants paid to Project Burgundy Applicant shall be immediately repaid to the County. Notwithstanding the foregoing, if Project Burgundy Applicant fails to construct the Facility within two (2) years of the date of this Agreement, Project Burgundy Applicant will reconvey the Site to the County. Attachment number 3 \n G -1 Page 97