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(a) For a period of three (3) consecutive years, the County shall make <br />a grant to Corning based upon the increased ad valorem tax value of the New Investment <br />in business personal property at the Site; <br />(b) Corning may elect the initial year in which the Grants identified in <br />Paragraphs 1(a) and (b) and 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 the <br />Program, which provisions are part of this Agreement. The County hereby confirms that <br />it has approved the application of the Program to the Facility and has authorized the <br />Grants and other terms of this Agreement. The County and Corning further confirm that <br />this Agreement constitutes the "formal agreement" required under the Program and that <br />the terms of this Agreement and those contained in the attached description of the <br />Program shall govern the application of the Program to the Facility. The net increase in <br />the assessed value of real property and business personal property in the Facility for local <br />property tax purposes occasioned by the placement of the New Investment at or in the <br />Facility shall determine the investment "level" for the Program in effect. Corning agrees <br />to forward to the EDC and the County Manager, at the time it makes its annual property <br />tax payments, a copy of the property tax payment receipt, which must be requested from <br />the 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) Corning has completed the Assessor's questionnaire and other <br />substantiating corroborating documentation identified in the Program to the satisfaction <br />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 to be made to Corning during the <br />respective term will be made within thirty (30) days after payment by Corning of all <br />property taxes due to the County and delivery of the Assessor's Statement. <br />2. Special Conditions. The County's obligation to make the Grants <br />provided in this Agreement are specifically conditioned upon Corning a) occupying the <br />Site for at least five (5) years after installation of the New Investment, and b) maintaining <br />the New Investment and Facility in operating condition in the County for at least five (5) <br />years after installation of the New Investment. In the event that Corning does not fulfill <br />any one or more of these conditions, any Grants not paid will be cancelled and Corning <br />will be required to immediately repay all Grants previously paid. This remedy is in <br />Attachment number 3 <br />G -2 Page 241 <br />