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-180- <br /> <br />penalty of $100 for each subsequent day until the report is filed up to a <br />maximum of $3,000. <br /> <br />(4) <br /> <br />The Developer agrees to continue operations on the Development Property <br />for at least five (5) years after the Benefit Date.- There are no other state or <br />local government agencies providing financial assistance for the Project other <br />than the City. <br /> <br /> (i) The Developer agrees to sell an 8.77-acre site to the City under the terms and <br /> conditions of the purchase agreement attached hereto as Exhibit H. The Developer <br /> shall have the right' to occupy and continue business operations from the site <br /> identified in Exhibit H until-(1) the Minimum Improvements are constructed and <br /> an occupancy pe/'rnit has been issued by the City or (2) October 1,200i, whichever <br /> occurs first. This right-of occupancy shall be provided at no cost to the De~veloper. <br /> The'D'evel.0p~r shall ha¢~ b.n oPff6:h 'f6!phfC~ase ~.p~et"Pi:°P6s~c[:t~5~be"P'Iatted as <br /> $-L 00.. The :.bPti'on 'Shalli' be:.~' f~. *. a'; Peri'od': 6f five. 2y~ai:s:: from;:~th~':datdi:'$f'this <br /> agreement. 'The r[glit to' exerciae~'.~he:oPti~n sh~ll' b~:c0hdifi°ned: <br /> C'onstraCting,; .or. :~cauging' tc~.~;-be~4'90nstructed,I:~ addifi~h'al:.i"!mpr0~eme~tS!:;6n:' the <br /> DeVeloPment-. Pr0pertyl and/or' the-Opti'0n':.Pt:o'Pe ~ .,'_ <br /> mir~imum impro~.ements~..co~biried. with tlie 'additi'0nal 'imProVements:-Shall 14ave <br /> an'.~oka cotin~ '-minimum as'sescedl ..value 0f..at.)!eas[_- ~e.e:::'¢d!m.a" E~ght <br /> hur~di, ed.tl~°Usanct ahd100710'0 D¢llai~S '($3,800,000;00).U~POn CompteUon: <br /> <br /> Section 2.2 By the City. The City makes the following representations as the basis for <br /> the undertaking on its part herein contained: - <br /> (a) The City is authorized by law to enter into this Agreement and to carry out its <br />obligations hereunder. <br /> <br /> (b) The City has found that the TIF District is a "redevelopment tax increment <br />-financing district," pursuant to M.S. {}469.174. <br /> <br /> (c) The City will, in a timely manner, subject to alt notification requirements, review <br />and act upon all submittals and applications of the Developer, and will cooperate with the efforts <br />of the Developer to secure the granting of any permit, license; or other approval required, to <br />allow the construction of the Minimum Improvements; provided, however, that nothing <br />contained in this subparagraph shall be construed to Emit in any way the reasonable 'and <br />legitimate exercise of the City's discretion ~n considering any submittal or application. <br /> (d) The activities of the' City are undertaken for the purpose of fostering the <br /> redevelopment of certain real property which, for a variety of reasons, is presently unutilized and <br /> underutilized and for the purpose of promoting economic development and the creation of <br /> employment opportunities. <br /> <br />I <br />I <br /> <br />I <br />i <br />I <br />I <br />I <br /> I <br /> I <br />I <br /> I <br /> I <br /> I' <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> <br /> <br />