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that if it does not receive the reports, it will mail the Developer a warning <br />within one week of the required filing date. If within 14 days of the post <br />marked date of the warning the reports are not made,'the Developer agrees <br />to pay to the City a penalty of $100 for each subsequent day until the <br />report is filed up to a maximum of $3,000. <br /> <br />(iv) <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 <br />other than the City. <br /> <br />(J) <br /> <br />The Developer shall pay to the City all Legal and Administrative Expenses that <br />have been incurred by the City in association with the project within 15 days of a <br />notice by the City indicating the Legal and Administrative Expenses that are <br />currently due and owing in an amount not to exceed $5000,00. <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 /> <br />(a) <br /> <br />The City is authorized by law to enter into this Agreement and to carry out its <br />obligations hereunder. <br /> <br />(b) <br /> <br />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) <br /> <br />(d) <br /> <br />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 />provided, however, that nothing contained in this subparagraph shall be construed <br />'to Emit in any way the reasonable and legitimate exercise of the City's discretion <br />in considering any submittal or application. <br /> <br />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 /> <br />(e) <br /> <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 /> <br />(f) <br /> <br />The Development Property is properly zoned for the developer's intended use and <br />the Minimum Improvements contemplated by the construction Plans are in <br />conformity with the Program and TIF Plan. <br /> <br />-111- <br /> <br /> <br />