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' (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 or local <br />' 6 <br />—75— <br />(i) Business Subsidies Act <br />' <br />1 In order to satisfy the provisions of Minnesota Statutes, O fY p S s, Sections 116J.993 <br />to 116J.995 (the Business Subsidies Act), the Developer acknowledges and agrees <br />' <br />that the amount of the Business Subsidy granted by the City to the Developer <br />under this Agreement is Two Hundred Fifty -six Thousand Six Hundred Seventy- <br />six and 00/100 Dollars ($256,676.00) which is an amount equal to the fair market <br />value of the Development Property, site improvements, and capitalized interest. <br />The Developer further acknowledges that the Business Subsidy is needed because <br />' <br />the Project is not sufficiently feasible for the Developer to undertake without the <br />Business Subsidy. The Tax Increment District is a redevelopment district and the <br />public purpose of the Business Subsidy is to encourage the redevelopment of the <br />property in the City. The Developer agrees that it will meet the following goals <br />(the "Goals "): It will create at least 11 full time jobs in connection with the <br />development of the Development Property at an hourly wage of at least $10.00 <br />' <br />per hour within two years from the Benefit Date, which is the date of the building <br />permit issued by the city for the redevelopment of the property. <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 />determined 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 11 (i.e. number of jobs set forth <br />1 <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 />(3) 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, whichever <br />occurs earlier, (ii) include in the report the information required in Subdivision 7 <br />' <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 />' <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 of 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 />' <br />until the report is filed up to a maximum of $3,000. <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 or local <br />' 6 <br />—75— <br />