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a warning withui one week of the required filing date. If within 14 days of <br />the post marked date of the warning the reports are not made, the <br />Developer agrees to pay to the City a penalty of $100 for each subsequent <br />day until the report is filed up to a maximum'of $1,000. <br />(iv) The Developer agrees to continue operations consisting of the Minimum <br />Improvements on the Development Property for at least five (5) years after <br />.the Benefit Date. With the exception of financing provided by SBA or the <br />Department of Employment and Economic Development (DEED), there <br />are no other state or local goverrunent agencies providuig fmaucial <br />assistance for the Project other than the City. <br />(v) There is no parent corporation or other entity of the Developer <br />(j) The Developer shall pay. to .the City all of its legal and acministrative expenses <br />that are incurred by the Cityvi association with the project withui 15 days of a <br />written notice by the City indicating the legal and administrative expenses that are <br />currently due and owuig in an amount not to exceed $5,000.00. <br />(k) Until the Maturity Date the Developer shall operate the Minimum Improvements <br />as a manufacturing or warehousing, storage and distribution facility. ' <br />Section 2.2. By the City. The City makes the following representations as the basis for <br />the undertaking on its part hereui contained: <br />(a) The City is authorized by law to enter into this Agreement and to carry out its <br />. obligations hereunder: <br />(b) The City has found that the TIF District is an "economic development tax <br />increment financing district," pursuant to M.S. § 469.174. <br />(c) The City will, iii a timely manner, subject to all notification requirements, review <br />and act upon all submittals and applications of the Developer, and will cooperate <br />with the efforts. of the Developer to secure the grantniQ of any permit, license, or <br />other approval required, to allow the construction of the Mini,ilum Improvements; <br />provided, however, that nothuig contained iu this subparagraph shall be construed <br />to limit in any way the reasonable and legitimate exercise of the City's discretion <br />uZ considering any submittal or application. <br />(d) The activities of the City are undertaken for the pm~pose of fostering the <br />redevelopment of certain real properly which, for a variety of reasons, is presently <br />mlutilized and underutilized and for the purpose of promotuig economic <br />development and the creation of employment opportunities. <br />(e) The City will cooperate with the Developer with respect to any litigation, other <br />than litigation in which the City and the Developer aa-e adverse parties, <br />commenced with respect to the TIE Plan, Program, or Minmum Improvements. <br />-254- <br />