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Sect6on 7. Income Tax Sharing fprr Moves Into the ZQne. <br />(a) Rvon agrees tt»t 's€ any business with a}`t annual gross payroil, i.e., <br />qualifying wag°s as defined irs Ser-tion 738.03 of the Reviseci Cocte, of rriore t}1ar3 severt <br />(iu+idred and fifty thpusand d4ita,•s ($750,000) (indexed annual6y to thc U.5 Department <br />of 1_:ahor'c Consumer Price Inclex over the term of this Agreernertt) relocates frc+m Cit+/ <br />iiito the Zone, City shall be erstitleG tcs receive frflm Avan, for aperiod af `irre {5} years, <br />fifhf (50) percent of future incomc tax revenue based tipon the iesser of payrol( in <br />existence lmrttediate1y priar to the relocation, or payroli irb exsstence after relocation to <br />the Zane (the „Zone Income Taxes"). A certified statemerst of all qualifying wages wilf <br />be provided by the taxing authorfty tn Avon verifyin.g the tota4 payrcal: in existence at <br />thln tirr?e of relocatic+n wifihist fihirty (30) ciays of the relocatian. Avon's Five (5) year <br />incatrte ta-x sharing abligatipn for any biasiness that relocates during the term of th:is <br />Agreement is a continuing ab#igation that shal1 sur-vive the terrnination aF this <br />Aqreement. <br />(b) The five (5) year tax s+iaring obligation rnay E3e earlie, terrninated or <br />reriuced if a new busirtess occupie-s Che vacated rPal estate previausly occupied by the <br />reiocated business, Tf the new business accupies a11 or part of the relocated business` <br />vacated space with new jobs and payroll ("Backfiflinc"), tMe new aggregate <br />employment-baseci wncome tax paid by thak new business to City wiCl be deducted from <br />Auon's tax sharing ob(igatian. Upon receipt of actuai or constructive notice that <br />Sackfiliing has occurred. City shalf provide Avon with writter) natice uvithin tttirty (30) <br />dal{s as provided for in Sectton 19. <br />(c) The rate taf income tax currently (evied by Avon is 1-3fa°r`n, vahich rate Avon <br />shail levv ort Zone Income TaxeS, if, pursuant to 3ocal acfiion, Avor increases or <br />decreases the rate at which it levies income taxes generaify throughout Avan, Avon <br />shall share Zone Income Taxes srvith C:it}f based upfln the rsewly increasec csr ciecreased <br />rate. <br />Section B. Zane Income Taxes. <br />(a ) Rfter executior af Chis Agreernent Avor; shalf estabiish a spewiai fund <br />qursuanC tc Section 5705,09 of the Revised Cotie, designated a5 the "Nagel-interstare <br />90 Zone Income Tax Funtl" . (the "Fund"), to which all Znrte Income 7axes generated <br />from businesses relocating frflm City to the Zone sha[I be credited, and in which aIl such <br />intiorrte taxes shali tae held pending disbUrsement pur5uant ta sUbsection (d) of this <br />Sectian B. Ail reasonabfe costs assotiated with coi[ection and/or adr'nintstration of the <br />Zone Income Taxes required ter be paid ko t#te taxing agency shall be shaced equ?ail1y <br />between City and Avon. <br />(b) Avon shalC invest aIP the Zone Income Taxes deposited in the Fund in a <br />manneE- ccsnsistent r^rith Avon's genera{ practices for irrvestment of pukriic funds and <br />consistent with the disbursement requirements af this Sectior 8; provided, however, <br />that Avfln shall naT be fiabie to City for any la5s fln an investrnent of it5 Zane Income <br />Taxes made in accordanCe with applicable law.