5.4. SR 04-12-2004 - Laserfiche WebLink

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THIS AGREEMENT, made as of the day of ~ City of El!< River, Minnesota (the "City"), a municipal corporation and political subdivision of the State of Minnesota, and Badger Ventures, LLC, a Minnesota limited liability company (the "Developer"), W1TNESSETH: WHEREAS, pursuant t o M irmesota Statutes, S ections 4 69.1812 through 4 69.1815, t he City has established a Tax Abatement ProgTam; and WHEREAS, the City believes that the development and construction of a certain Project (as defined herein), and fulfillment of this Agreement are vital and are in the best interests of the City, will result in preservation and enhancement of the tax base, provide employment opportunities and are in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted; and WHEREAS, the requirements of the Business Subsidy Law, Minnesota Statutes, Section 116J.993 through 116J.995, apply to this A~eement; and WHEREAS, the City has adopted criteria for awarding business subsidies that comply with the Business Subsidy Law, after public hearings for which notice was published; and WHEREAS, the Council has approved this Agreement as a subsidy agreement under the Business Subsidy Law. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and a~ee with the other as follows: ARTICLE I DEFINITIONS Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement, as the same may be from time to time modified, amended or supplemented; Business Day means any day except a Saturday, Sunday or a legal holiday or a day on which banking institutions in the City are authorized by law or executive order to close; City means the City of Elk P, Sver, Minnesota; County means Sherbume County, Minnesota; [630424v!