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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 /> <br />(1) <br /> <br />(~) <br /> <br />In order to satisfy the provisions of Minnesota Statutes, Sections '116J.993 to <br />116J.995 (the Business Subsidies Act), the Developer acknowledges and <br />agees that the amount of the Business Subsidy granted by the City to .the <br />Developer under this Agreement is '~qi;.~ which is an amount equal to the <br />fair market value of the Development Property, site improvements, pubIic <br />improvements and capitalized interest. The Developer further acknowledges <br />that the Business Subsidy is needed because the Project is not sufficiently <br />feasible for the Developer to undertake without the BuSiness Subsidy. The <br />Tax Increment District is a redevelopment district and the public purpose of <br />the Business Subsidy is to encourage the redevelopment of the property in <br />the City. The Developer agrees that it will meet the following goals (the <br /> <br />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 pdce <br />deflator defined in-Minnesota Statutes, Section 275.70, Subdivision 2, <br />accruing from and after the Benefit Date, compounded semiannually. If the <br />Goals are met in part, the Developer will repay a portion of the Business <br />Subsidy (plus Interest) determined by multiplying the Business Subsidy by a <br />fraction, the numerator of which is the number ~fjobs in the Goals which <br />were not created at the wage level set forth above and the denominator of <br />which is '~ (i.e. number of jobs set forth in the Goals). The Developer agrees <br />to continue its operations on the Development Property for at least five years <br />after the Benefit Date. <br /> <br />The Developer agrees to (i) report its progress on achieving the Goals to the <br />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 <br />Subdivision 7 of the Jobs Act on forms developed by the Mirmesota <br />Department of Trade and Economic Development, and (iii) send completed <br />reports to the Commissioner of the Department of Trade and Economic <br />Development and to the City. The Developer agrees· to file these reports no <br />later than March 1 of each year commencing March 1, 2001, and within 30 <br />days after the deadline for meeting the Goals. The City agrees that if it does <br />not t'eceive the reports, it will mail the Developer a warning within one week <br />of the required filing date. If within 14 days of the post marked date of the. <br />warning the reports are not made, the Developer agrees to pay to the City a <br />penalty of $100 for each subsequent day until the report is filed up to a. <br />maximum of $3,000. <br /> <br /> <br />