AG 2009 09 21 - Laserfiche WebLink

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2. Incorporation Pro rgram. The process of assessment of the tax value of the New Investment, the calculation of the Grant amounts and the payment of the Grants are more particularly described in the Program, which provisions are attached and incorporated by reference in this Agreement. The County hereby confirms that it has approved the application of the Program to the Facility and has authorized the Grants and the other terms of this Agreement. The County and the Creamery further confirm that this Agreement constitutes the "formal agreement" required under the Program and that the terms of this Agreement and those contained in the attached description of the Program shall govern the application of the Program to the Facility. This Agreement shall include with reasonable specificity a project site plan, description of the project, any phasing, projected new employment with job descriptions, description of the structures to be built, description of the personal property assets to be installed and any other data that would be relevant to comprehension of the scope and value of the project such that other assets, installed outside of the Grant eligible, are not commingled within the contemplated Grant. 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 the Creamery. In the event that any of the incentives or other agreements of the County are determined to be invalid, the County agrees that it will, to the extent permitted by law, provide the Creamery with incentives of substantially equal value pursuant to one or more replacement incentive grant programs. 4. Noncompliance by the Creamery. The Creamery acknowledges that at any time during the period that a Grant is paid or is to be paid to the Creamery by County, if the Creamery fails to comply with any provision of this Agreement or any provision of the Program applicable to this Agreement, then the Creamery shall be in default of this Agreement. In either such event, the County may at its option terminate this Agreement and no further Grants shall be paid to the Creamery. 5. Miscellaneous. a) The Creamery acknowledges and understands that all the provisions of the Program are considered enforceable parts of this Agreement and that it must comply with all such provisions in order to be eligible for and remain eligible for the Grants. b) This Agreement and the Grants provided by it may not be assigned by the Creamery without the prior written consent of County. (c) Bindin Eg ffect. This Agreement shall inure to the benefit of and is binding upon the County and the Creamery and their respective successors and assigns. Attachment number 3 Page 53 of 362 E-1