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City agrees that if it does not receive the reports, it will mail the Developer <br />a warning within 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 $3,000 <br />(iv) The Developer agrees to continue operations consisting of the Minimum <br />Impiovements on the Development Property for at least five (5) years after <br />the Benefit Date There are no other state or local government agencies <br />providing financial 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 administrative expenses <br />that are incurred by the City in association with the project within 15 days of a <br />written notice by the City indicating the legal and administrative expenses that are <br />currently due and owing 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 herein contained <br />(a) <br />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 a "redevelopment tax increment <br />financing district," pursuant to M S § 469 174 <br />(c) The City will, in 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 granting of any permit, license, or <br />other approval required, to allow the construction of the Minimum Improvements, <br />piovided, however, that nothing contained in this subparagraph shall be construed <br />to limit in any way the reasonable and legitimate exercise of the City's discretion <br />in 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 <br />unutilized and underutilized and for the purpose of promoting economic <br />development and the creation of employment opportunities <br />(e) <br />The City will cooperate with the Developer with respect to any litigation, other <br />than litigation in which the City and the Developer are adverse parties, <br />commenced with respect to the TIF Plan, Program, or Minimum Improvements <br />7 <br />