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i <br />4 Sales Tax Rebates. `The City shall rebate to the _Company 5% of the <br />sales tax. revenues .deriued from the .imposition. �of the City's 3 0% general <br />sales tax ;(excluding the City's 37b°/a open spade tax, .the 125% historic. <br />preservation tax, fihe 4M recrEatiori center tax and any new sales faxes) <br />that is actually collected by the City and attributable solely to ,new ,retail <br />sates generated by operation of the 'Protect and .occurring at the; Project <br />location, 'for: he first=f ve (5j years of it$ operation .eommencmg on the first: <br />day of the month following the day the Company legirus retail sales ta;f tie <br />public from the. Project Location .("the 1Gorrmencernent ;Date"): The fve, <br />year rebate period :shall commence .upon .and run continuously from the, <br />Cammencement.Date. <br />5: Pa' merit of Sales Tax Rebates Cap; The sales tax:rebates shall be paid, <br />by the pity in annual installments and Shall be made in arrears :on or. <br />before 'February :28'" for Elie prior year. No interest shall 'be paid on <br />amounts subject -to rebate. Sales ;tax ;rebates; pursuant, to Section 4 ,shall <br />terminate when the Company has received fi-om the City the Last rebate <br />payrnerit under `this Agreement for',the five-year rebate pefiad or when the <br />.Cc mpany has received $16.0;000 in rebate payments;, whichever :first <br />occors, ..... <br />6. No Interest: Ingoddtion .anti. Disclosureof Records: No irtetest ,shall. be <br />paid on .any amounts .subject .to rebate under. this Agreement..Each party <br />and -its agents :shall have the right to; :inspect and audit the applicatjie <br />records.of the other partylo verify the am of any.payment Under this <br />Agreement, and :each party :shall cooperate and take :such actions as may <br />be necessary to allow such inspections and. audits: Tlie Company <br />acknowletlges that implementation of this AgreementFrequires .calculations <br />based on the :amount of taxes collected and pall by the Company .with <br />respect to the term. of this Agreement and issuance of ireba#e; payment <br />checks in amounnts determined pursuant to this Agreement, and that -the <br />amounts cif :the rebate payment checks wiU. Ise public r'nformation. The <br />Company, ;for Uolf; its successors,, assigns, and affiliated: entities; hereby <br />releases ;and :agrees k#a held :harmless the City anal ifs offcers and <br />employees from: any and' all tiakaility, claims, demands, and expenses in <br />any mahner connected with any. .dissemination of information `necessary <br />or or generated °in: connection with the -implementation. of rebate <br />provisions of this Agreement. <br />7. Use of Funds Future Fees. Fbads rebated pursuant to Sections <br />of ,this Agreement" shall be, used by. the. Company solely for -obligati'ons <br />and/or improve_.;ments permitted under touisvlie Municipal: -Code; section. <br />3 24.060 (as enacted by Ordinance No. 1507, Series 2U.07) The rebates. <br />provided for'under this Agreement are solely for ;construction activities., 'for <br />the initial construction: of 'the Project :and for the rebate period staled <br />h0teM4 Ary subsequent construction ac#ivities shall be subject to; payment <br />Page`2: of'S', <br />c <br />