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(h) The Developei will cooperate with the City with respect to any litigation, other <br /> than litigation in which the City and the Developet are adverse parties, <br /> commenced with respect to the TIF Plan, the Program, or Minimum <br /> Improvements <br /> (r) Business Subsidies Act <br /> (i) In order to satisfy the provisions of Minnesota Statutes, Sections I i 6J 993 <br /> to 116J 995 (the Business Subsidies Act), the Developer acknowledges <br /> and agrees that the amount of the Business Subsidy granted by the City to <br /> the Developer under this Agreement is One Hundred Fifty-five Thousand <br /> and 001100 Dollars ($115,000) which is an arnount equal to the financial <br /> assistance provided by the City that includes the Development Property, <br /> public improvements, and capitalized interest The Developer further <br /> acknowledges that the Business Subsidy is needed because the Project is <br /> not sufficiently feasible for the Developer to undertake without the <br /> Business Subsidy The Tax Increment District is an economic <br /> development district and the public purpose of the Business Subsidy is to <br /> encourage the redevelopment of the Development Property in the City <br /> The Developer agrees that it will meet the following goals (the "Goals") <br /> It will create at least seven (7) fall time gobs in connection with the <br /> operation and maintenance of the Minimum Improvements at an hourly <br /> wage of at least $15 00 per hour within two years from the Benefit Date, <br /> which is the date of the building permit issued by the city for the <br /> constiuction of the Minimum Improvements <br /> (ir} 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 ("Intei est") set at the implicit <br /> price deflator defined in Minnesota Statutes, Section 275 70, Subdivision <br /> 2, accruing from and after the Benefit Date, compounded semiannually If <br /> the Goals are met in part, the Developer will repay a portion of the <br /> Business Subsidy (plus Interest) determined by multiplying the Business <br /> Subsidy by a fraction, the numerator of which is the number of fobs in the <br /> Goals which were not created at the wage level set forth above and the <br /> denominator of which is seven (7) (i e number of Jobs set forth in the <br /> Goals) The Developer agrees to continue its operations consisting of the <br /> Minimum Improvements on the Development Property for at least five <br /> years after the Benefit Date <br /> (iii) The Developer agrees to (i) report its progress on achieving the Goals to <br /> the City until the Goals are met, or the Business Subsidy is repaid, <br /> whichever occurs earlier, (ii) include in the report the information required <br /> in Subdivision 7 of the Business Subsidy Act on forms developed by the <br /> Minnesota Department of Employment and Economic Development, and <br /> (iii) send completed reports to the to the City The Developer agrees to <br /> file these reports no later than January 1 of each year commencing January <br /> 1, 2005, and within 30 days after the deadline for meeting the Goals The <br /> City an ees that if it does not receive the reports, it will snarl the Developer <br /> 6 <br />