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BUSINESS SUBSIDY AGREEMENT <br /> THIS BUSINESS SUBSIDY AGREEMENT,made and entered as of the day of July, <br /> 2015 (the "Agreement"),by and between the City of Elk River, Minnesota, a Minnesota municipal <br /> corporation(the"City")and Sportech,Inc., a Minnesota corporation("Sportech"). <br /> RECITALS <br /> WHEREAS, Envision Company, LLC, a Minnesota limited liability company <br /> ("Envision"), and an affiliate of Sportech's, has agreed to acquire from the City certain property <br /> legally described as Lots 1 and 2, Block 2, Natures Edge Business Center Second Addition, <br /> Sherburne County, located in the City (the "Property") and construct thereon an approximately <br /> 105,000 square foot manufacturing facility to be located in the City and leased to and operated <br /> by Sportech(the"Project"); and <br /> WHEREAS, the City believes that the development and construction of the Project are <br /> vital and are in the best interests of the City, will result in preservation and enhancement of the <br /> tax base, provide employment opportunities and are in accordance with the public purpose and <br /> provisions of the applicable state and local laws and requirements under which the Project has <br /> been undertaken and is being assisted; and <br /> WHEREAS, pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815, the <br /> City has established a tax abatement program and entered into an Tax Abatement Agreement and <br /> a Purchase Agreement with Envision,both dated as of the date hereof,pursuant to which the City <br /> will apply certain property tax abatement to the purchase price of the Property; and <br /> WHEREAS, the requirements of Minnesota Statutes, Sections 116J.993 through <br /> 116J.995 (the "Business Subsidy Law"), apply to the use of the property tax abatements to the <br /> purchase price of the Property; and <br /> WHEREAS, the City has adopted criteria for awarding business subsidies that comply <br /> with the Business Subsidy Law, after public hearings for which notice was published; and <br /> WHEREAS, the Council has approved this Agreement as a subsidy agreement under the <br /> Business Subsidy Law; and <br /> WHEREAS, in consideration of the City's grant of the property tax abatements for <br /> Envision's acquisition of the Property and Envision's construction of the Project for Sportech, <br /> Sportech has agreed to enter into this Agreement in accordance with the Business Subsidy Law; <br /> NOW, THEREFORE, in consideration of the premises and the mutual obligations of the <br /> parties hereto, each of them does hereby covenant and agree with the other as follows: <br /> 460000v3 JSB EL185-31 <br />