AG 1998 08 17 - Laserfiche WebLink

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(ii) the average salary of the employees of AmeriServe at the Facility; (iii) and a copy of the receipt for such property tax payment and any accompanying correspondence. The County agrees that the Grant payments to be made to AmeriServe each year will be made within thirty (30) days after the payment by AmeriServe of all property taxes due to the County for such year and the delivery of the other items referred to in the preceding sentences. IT IS UNDERSTOOD BY ALL PARTIES THAT AMERISERVE MUST BE CURRENT IN TIlE PAY1VIENT OF ALL TAXES OWED THE COUNTY AT Tlllg TIME APPLICATION FOR A GRANT IS MADE. NO GRANT PAYMENTS WILL BE MADE BY THE COUNTY IF ALL TAX PAYMENTS ASSOCIATED WITH AMERISERVE~S BUSINESS ACTIVITIi*~g IN CABARRUS COUNTY ARE NOT PAID IN FULL. It is a requirement of this Agreement that AmeriServe begin construction of the subject project no later than twelve (12) months following the date of approval of this Agreement by the Cabarrus County Commission. Should construction not begin within this allotted time period, the provisions of this Agreement are subject to modification or cancellation by a majority vote of both the Cabarrus County Commission and the Concord City Council,~;ssuance of the pt building permit will constitute commencement of construction. SECTION 2. Future Incentives from the City_. The City agrees that upon such time the Property is annexed to the City of Concord, the City shall, in accordance with and as provided by this Agreement, pay AmeriServe incentive grants that are equal to the Grants under the Program described in Section 1 above. At the request of AmeriServe, the City will enter into an agreement similar to this Agreement with AmeriServe, but the City is obligated to pay these Grants whether or not a separate agreement is executed. SECTION 3. State Incentives. The County and the City agree to assist AmeriServe in obtaining any incentives, grants and programs that may be or become available fromthe State of North Carolina and shall "pass through" to the benefit of AmeriServe any incentives, grants and programs that the State of North Carolina provides to cities and counties for-economic development purposes, including without limitation, incentives in the nature of those referred to in the attached F23J.hL~. SECTION 4. Validity of Incentives. As stated in the Program, no change in the Program after the date hereof shall apply to the provisions of this Agreement or to the Facility (as it may be expanded). In the event one or more lawsuits or other proceedings are brought agaln.~t the County or the City and any County or City elected officials challenging the legality of this Agreement or any portion thereof, then the County and the City shall defend against any and all such lawsuits or other proceedings, including appealing any adverse judgment to the appropriate Court. In the event that any of the incentives or other agreements of the County and the City are determined to be invalid, the County and the City agree that they will, to the extent permitted by