BC 1998 08 17 - Laserfiche WebLink

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22 other items referred to in the preceding sentences. IT IS UNDERSTOOD BY ALL PARTIES THAT AMERISERVE MUST BE CURRENT IN THE PAYMENT OF ALL TAXES OWED THE COUNTY AT THE 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 ACTIVITIES 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. Issuance of the 1st 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 from the 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 Exhibit E. 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 against 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 law, attempt to provide AmeriServe with incentives of substantially equal value pursuant to one or more replacement grant incentive programs. SECTION 5. Water and Sewer Services. Water, storm sewer and sanitary sewer are available at the property line, as more clearly shown on the attached Exhibit F. SECTION 6. Miscellaneous. 6.1 Notices. All notices, certificates or other communications required by or made pursuant to this Agreement shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid or sent by telefacsimile (confirmed by the party providing notice) as follows: The County: Cabarrus County Governmental Center Post Office Box 707 Concord, North Carolina 28026-0707 Attention: County Manager Telefacsimile No. (704) 788-9820 Copy to: Fletcher L. Hartsell, Jr., Esq. Hartsell Hartsell Shelley & White, P.A. 77 McCachern Boulevard SE Concord, North Carolina 28025 Telefacsimile No. (704) 788-8058 The City: The City of Concord 26 Union Street, South P. O. Box 308 Concord, North Carolina 28026-0308 Attention: City Manager Telefacsimile No. (704) 786-7068 AmeriServe: Mr. William Demianczyk AmeriServe Food Distribution, Inc. Logistics Department MD# 3S134 14841 Dallas Parkway Dallas, TX 75240. Telefacsimile No. (972) 338-7030 Phone Number: (972) 338-7533 The County, the City or AmeriServe may, by notice given to the other, designate any further or different addresses to which notices, certificates, requests or other communications shall be sent. 6.2 Binding Effect. This Agreement shall inure to the benefit of and is