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-78- <br /> <br />(i) <br /> <br />Business Subsidies Act. <br /> <br />(1) In order to satisfy, the provisions of Minnesota Statutes, Sections 116J.993 <br />to 116J.995 (the Business Subsidies Act), the Developer acknowledges and agrees <br />that the amount of the Business Subsidy granted by the City to the Develot~er <br />under this Agreement is $464,151 which is an amount equal to the fair market <br />value of the Development Property, site improvements, capitalized interest and <br />equipment financing. The Developer further ackmowledges that the Business <br />Subsidy is needed because the Project is not sufficiently feasible for the <br />Developer to undertake without the Business Subsidy. The Tax Increment <br />District is a redevelopment district and the public purpose of the Business Subsidy <br />is to encourage the redevelopment of the property in the City. The Developer <br />agrees that it will meet the following goals (the "Goals"): It will create at least <br />full time jobs in com~ection with the development of the Development Property at <br />an hourly wage of at least $10.00 per hour within two years from the Benefit <br />Date, which is the date of the building permit issued by the city for the <br />redevelopment of the property. <br /> <br />(2) If the Goals are not met, the Developer agrees to repay all or a part of the <br />Business Subsidy to the City, plus interest ("Interest") set at the implicit price <br />deflator defined in Minnesota Statutes, Section 275.70, Subdivision 2, accruing <br />from and after the Benefit Date, compounded semiannually. If the Goals are met <br />in part, the Developer will repay a portion of the Business Subsidy (plus Interest) <br />detemained by multiplying the Business Subsidy by a fraction, the numerator of <br />which is the number of jobs in the Goals which were not created at the wage level <br />set forth above and the denominator of which is !:0 (i.e. number of jobs set forth <br />in the Goals). The Developer agrees to continue its operations on the <br />Development Property for at least five years after the Benefit Date. <br /> <br />(3) The Developer a~ees to (i) report its progress on achieving the Goals to <br />the City until the Goals are met, or the Business Subsidy is repaid, whichever <br />occurs earlier, (ii) include in the report the information required in Subdivision 7 <br />of the Jobs Act on forms developed by the Minnesota Department of Trade and <br />Economic Development, and (iii) send completed reports to the Commissioner of <br />the Department of Trade and Economic Development and to the City. The <br />Developer agrees to file these reports no later than January 1 of each year <br />commencing January 1, 2002, and within 30 days after the deadline for meeting <br />the Goals. The City agrees that if it does not receive the reports, it will mail the <br />Developer a warning within one week of the required filing date. If within 14 <br />days of the post marked date o£the warning the reports are not made, the <br />Developer agrees to pay to the City a penalty of $100 for each subsequent day <br />until the report is filed up to a maximum of $3,000. <br /> <br />(4) 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 o1' local <br /> <br />I <br />I <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br />I, <br />I <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br /> <br /> <br />