5.0. 6.0. 7.0. 8.0. 9.0. 10.0. EDSR 09-21-1998

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JOB PERFORMANCE AGREEMENT THIS AGREEMENT, made on or as of the day of 199_, by and between the Economic Development Authority In and For the City of Elk River, a public body corporate and politic (hereinafter referred to as the "Authority"), established pursuant to Minnesota Statutes, Sections 469.090 to 469.108, and having its principal office at 13065 Orono Parkway, Elk River, Minnesota 55330, and Bryan L. Jones, an individual, (referred to as the "Developer"), having his principal office at WITNESSETH: WHEREAS, the Developer and the Authority have entered into a Contract for Private Redevelopment dated as of , 199_, (the "Contract") pursuant to which the Developer has agreed to construct a 35,000 - 40,000 square foot manufacturing facility within the City of Elk River, Minnesota; and WHEREAS, in order to induce the Developer to undertake such development, the Authority has agreed in the Contract to provide certain financial assistance to the Developer through its payment of certain costs of site development • and preparation of the property on which the development will occur; and WHEREAS, Minnesota Statutes, section 116J.991, provides that a government agency that provides financial assistance for economic development job growth purposes must establish job and wage goals to be met by the businesses receiving the assistance; and WHEREAS, the Authority and the Developer agreed in the Contract that they would enter into a Job Performance Agreement to document their understandings as to the job and wage goals to be met by the Developer with respect to its development; and WHEREAS, the Authority, and the Developer desire that this Agreement serve as the agreement referenced in the Contract. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: S B-2 BeckP 548540.1