O-2006-2955 - Laserfiche WebLink

Browse Search

E. In the event the facility herein is completed and the Lessee begins operation, but subsequently discontinues operation after January 1, 2007, for any reason, for a period of 180 days during the abatement period, or one year in the event of a natural disaster, then this Agreement shall terminate. In the event of termination pursuant to the provisions of this paragraph, the abatement of taxes under this Agreement for the calendar year during which the facility no longer is in operation shall terminate and there shall be full recapture with penalties and interest as set out herein. Further, the Lessor and Lessee shall notify the City within ten (10) days of any discontinuation, stating the reason for the discontinuation and the projected length of discontinuation. Any taxes otherwise abated for the calendar year during which the Lessee no longer operates its Public Cold Storage Distribution Center, must be paid directly to the Tax Assessor -Collector for City for the benefit of the political subdivisions who are parties to this Agreement, within sixty (60) days from the date of discontinuation. VIII. ADMINISTRATION The City of La Porte Finance Department shall administer this Agreement on behalf of the City. The Lessor and Lessee shall allow employees and/or representatives of the City who have been designated by the City Manager's Office to have access to the Project Site during the term of this Agreement to inspect the facility to determine compliance with the terms and conditions of this Agreement. All inspections will be made only after giving twenty-four (24) hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the Project. All inspections will be made with one or more representatives of the Lessor and Lessee and in accordance with safety standards of the Lessor and Lessee. Upon completion of the Improvements, the City shall annually evaluate the Project to ensure compliance with the terms and provisions of this Agreement and shall report possible defaults to the City Council and City Attorney. The Lessee shall annually submit to HCAD and to the City, beginning on January 1, 2007, and continuing through the term of this Agreement, a January 1st employee -count for the Project Site which shall correspond to employment counts reported in the Employer's Quarterly Report to the Texas Workforce Commission filed by the Lessor, Lessee or Contractor, for the quarter ending on the previous December 31, and a separate notarized letter certifying: (1) the number of jobs created as a direct result of the Improvements, and (2) the Lessee is in compliance with the environmental and worker safety requirements for the preceding year. This information will be used to determine eligibility and value of abatement for that year and shall be subject to audit if requested by the City. The Lessee's failure to submit this information will render the Lessor and Lessee ineligible to receive abatement for that year. The Lessor and Lessee shall (a) obtain and maintain all required permits and other authorizations from the United States Environmental Protection Agency and the Texas Commission on Environmental Quality ("TCEQ") for the construction and operation of the Project facility and for the storage, transport, and disposal of solid waste; and (b) seek a permit from the TCEQ for all grandfathered units on the Project Site, if any, by filing with the TCEQ, within three years of receiving the abatement, a technically complete application for such a permit.