UBLIC HEARING: Director of Development ... - City of Glendale

6. In any year, if the combination of the Estimated Property Tax Increment
Amount and the Lease Payment is less than the Total Amount, no Excess monies will be paid
to Participant, and any deficit (the "Deficit") will be added to the next year's Total Amount
(with simple interest at a six (6) percent rate), and no future year's Excess will be paid to
Participant until all Deficits have been repaid; provided, however, that at any time Agency may
demand repayment of the Deficits (plus accrued interest) up to the total cumulative Excess paid
to the Participant (less any amounts previously repaid to Agency).
7. Nothing herein contained shall be deemed to prohibit Participant from
contesting the validity or amounts of any tax assessment, encumbrance or lien, or to limit the
remedies available to Participant in respect thereto, including an appeal of the amount of the
assessed fair cash value of the Site.
8. In the event that Participant receives any refunds of Real Property Taxes,
then promptly upon written request by Agency, Participant shall pay to Agency Agency's Share
of such refunds, provided that Agency's Share of such refunds to the Los Angeles County Tax
Assessor has been debited from Agency.
Q. [§ 219] Utility Service, Rate and Infrastructure Agreements
City shall use its best efforts to facilitate and enter into utility service, rate and
infrastTUchlTe agreements with affected City Departments (including elecrricity, water and sewer)
10 ensure sufficient capacity to service the Project at full buildout and to set rates faT the Project.
The City and Participant shall negotiate in good faith to enter into such utility service, rate and
infrastructure agreements. In connection with any agreement for water or use of water well
easements on the Site, Participant agrees 10 make the water well easements available at no
charge to the City for a period beginning at the termination of the Group's use of the water well
easements and extending no longer than fifty (50) years from the Effective Date of this
Agreement. As between the City and Participant, the City agrees that Participant shall have the
right to use the water pumped from wells on-site for landscapil)g and/or the City agrees to make
available to Participant an equivalent amount of reclaimed water subject 10 agreement between
the parties as 10 the cost of bringing a reclaimed water line to the Site.
R. [§ 220] Certificate of Completion
Promptly after completion of construction and development of the improvements 10 be
completed by Participant under the First Phase of development of the Site, as generally and
specifically required by this Agreement and in particular the Scope of Development and the
approved plans and specifications, the Agency shall furnish Participant with a Certificate of
Completion upon written request therefor by Participant after issuance by the City of a Final Use
and Occupancy Permit for the First Phase. The Agency shall not unreasonably withhold such
Certificate of Completion. This section shall not prevent the issuance of a Temporary Use and
Occupancy Permit for portions of any individual building, provided, however, that such
occupancy does not pose a threat to life safety or the issuance of a Use and Occupancy Permit
for an individual building while other buildings are under construction.
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