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PERFORMANCE / ASSISTANCE AGREEMENT <br /> • August 28, 2000 p <br /> -S. <br /> The Elk River Economic Development Authority (hereinafter re r7ily o as the <br /> "Grantor") and Equity Management, Inc. (hereinafter of rred to as the <br /> "Recipient") agree that the assistance under this Agreement is Business <br /> Subsidy" as defined by Minnesota Statutes, Sections 116J.993 through <br /> 116J.995 (the "Subsidy Law") and is subject to the provisions thereof, <br /> including without limitation, job creation goals, reporting requirements, five <br /> year commitment by the Recipient, and repayment of the subsidy if the <br /> Recipient is in default under this agreement, including this Section hereof. <br /> The following section of this Agreement is intended to be the "Subsidy <br /> Agreement" required by Section 116J.994, Subdivision 3 of the Subsidy Law. <br /> In the event that any provision of this Section is inconsistent or in conflict with <br /> any provision of the Subsidy Law, and in the event that any provision of the <br /> Subsidy Law provides additional requirements, the provisions of the Subsidy <br /> Law shall apply and govern. <br /> Accordingly, it is agreed: <br /> (a) The amount if the subsidy is $ 129,050 <br /> • The type of subsidy is tax increment financing proceeds from a <br /> decertified "economic development" tax increment district (TIF No. 5) to <br /> be provided in the form of a land sale write down at 100% less than <br /> market value, and subdivision and utility extension expenses incurred by <br /> the Grantor for the project. <br /> For the purposes of this agreement, the project is defined as <br /> the construction of a minimum of 22,500 square feet of leasable <br /> light industrial space, to be completed within one year of the <br /> benefit date. The project is located on the northerly half of Lot 1, <br /> Block 1 Country Crossing Business Center Second Addition. <br /> (b) The Recipient represents that the subsidy assistance as described above <br /> is needed in order to allow the project to be developed in the City of Elk <br /> River at leasable rates that would be acceptable to the local market and <br /> in order to encourage the development to occur in the West Business <br /> Park area, of which the Grantor has been marketing the property since <br /> December 1997. <br /> (c) The public purposes of the subsidy are to 1) enhance and diversify <br /> the City's economic industrial base and 2) contribute to the <br /> fulfillment of the City's Strategic Plan for Economic Development <br /> and 3) result in additional private investment in the area and 4) has <br /> the potential to provide job creation. <br /> 1 <br />