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that this Agreement and attached E:daibits constitutes the "formal agreement" required under the <br />Program and that the terms of this Agreement and the applicable terms contained in the attached <br />description of the Programs (.Exhibit C and Exhibit D) shall govern the application of the Programs to <br />the Facili~'. <br /> <br />The parties agree that the time periods for the Grants (as described in E.,daibits C and D} to the <br />company shall begin no later than one fiscal year within twelve months of the commencement of <br />operations at the Facility as generally described in Exhibit A-I as defined by the Company. The <br />project shall begin construction of Tenant Improvements no later than January 1, 2000 and the <br />Grant periods with regards to the project shall be in accordance with Exhibits C and D. <br /> <br />Failure to comply with the established schedule may result in a termination of the Grants as awarded. <br />It is understood that this provision recognizes a commitment of the County and City to award Grants <br />on the basis of the project value as proposed by the Company; paid for Grant periods consistent with <br />the timing of the project; considering all elements of the project as consistent with the intent of the <br />Program and Grants; regardless of later changes to the program or grants that might occur after the <br />award of these Grants, but prior to completion of the proposed project as represented by the company. <br /> <br />The amount of the investment "level" for the Grants under the Program shall be equivalent to the <br />assessed value for ad valorem tax purposes of all real and personal property including all buildings. <br />machinery, equipment and other personal property (excluding motor vehicles and other roiling stock) <br />which is added or installed after the August 30, 1999 to the Property as part of the Facility and which <br />is not a part of the assessed value of the Property as dethned in Exhibit E. <br /> <br />The calculations for the grant program shall consider the equivalent value of tax payments made by <br />the Company and collected by the County and City. Adjustments to real or personal property values <br />not associated with the project as proposed and included within this agreement shall not be included ha <br />any calculation of value for establishment of the Industrial Development Incentive Grant. Reappraisals <br />or adjustments to real and personal property values based upon market adjustments or changes in <br />North Carolina property, assessment laws will be adjusted so as to avoid any distortion of the base <br />value and the value of the proposed Project to be completed by the Company. <br /> <br />A copy of the Cabarrus County Tax Assessor's record for the actual real and personal property <br />assessment for the site proposed for the project is attached to this agreement for reference (Exhibit E). <br /> <br />After the Company shall have qualified for a Grant(s) and the Grant(s) award period begins, the <br />Company shall during the period of the such Grant(s) send to the County Manager and City Manager. <br />at the time it makes its annual property tax payments, the following: <br /> <br />· a summary report confu'ming the current emplo2~x~ent levels at the Cabarms Facility. of the <br />· the average annual salary of the employees of the Company at the Facility <br />· a copy of the receipt for such property Tax payment and any accompanying <br /> correspondence <br /> <br />The County and the City agree that the Grant(s) payments to be made to the Company each year will <br />be made on/or before April 15th each calendar year during the grant period(s) pending the County's <br />and City's receipt of support documentation referred to in the preceding sentences. The Company must <br />remain current in the payment of all taxes, fees, charges or other assessments levied by the grantors <br />during the Grant(s) period(s). Failure of the Company to pay all taxes associated with the Company's <br />business activities in Cabarrus County may result in termination of the grant award and subsequent <br />grant payments. <br /> <br /> <br />