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the amount of the loan, which is $100,000, and that the Business Subsidy is needed <br /> because the project is not sufficiently feasible for the Borrowers to undertake without the <br /> Business Subsidy. The public purpose of the Business Subsidy is to develop <br /> manufacturing facilities, increase the tax base in the City and stimulate the creation and <br /> retention of jobs. In consideration of the Business Subsidy provided to assist with the <br /> Borrowers' acquisition of equipment for the Loan Property, the Borrowers represent that <br /> it will cause meet following goals (the "Goals"): the Borrowers shall create 5 full-time <br /> equivalent jobs in Elk River, Minnesota, at the Loan Property at an hourly wage equal to <br /> $19.00 per hour inclusive of benefits, whichever is greater, by the two (2) year <br /> anniversary of the date of closing on the Loan. <br /> (b) If none of the Goals are met, the Borrowers,jointly and severally, agree to <br /> repay all of the Business Subsidy to the City, plus interest ("Interest") set at the greater of <br /> 4% per annum or the implicit price deflator defined in Minnesota Statutes Section <br /> 275.70, subdivision 3, accruing from and after the date of closing on the Loan, <br /> compounded semiannually. If the Goals are met in part, the Borrowers agree,jointly and <br /> severally, to repay a portion of the Business Subsidy (plus Interest) determined by <br /> multiplying the Business Subsidy by a fraction, the numerator of which is the number of <br /> jobs in the Goals which were not created at the wage level set forth above and the <br /> denominator of which is 5 (i.e. number of jobs set forth in the Goals). <br /> (c) The Borrowers agree to: (i) report its progress on achieving the Goals to <br /> the City until the later of the date the Goals are met or two years from the Benefit Date, <br /> or, if the Goals are not met, until the date the Business Subsidy is repaid, (ii) include in <br /> the report the information required in Section 116J.994, subdivision 7 of the Business <br /> Subsidies Act on forms developed by the Minnesota Department of Employment and <br /> Economic Development, and (iii) send completed reports to the City. The Borrowers <br /> agree to file these reports no later than March 1 of each year commencing March 1, 2017, <br /> and within 30 days after the deadline for meeting the Goals. The City agrees that if it <br /> does not receive the reports, it will mail the Borrowers a warning within one week of the <br /> required filing date. If within 14 days of the post marked date of the warning the reports <br /> are not made, the Borrowers agree to pay to the City a penalty of $100 for each <br /> subsequent day until the report is filed up to a maximum of$1,000. <br /> (d) The Borrowers agree that they will continue operations in the City for at <br /> least five years after the date of closing on the Loan. <br /> (e) Other than the loan provided pursuant to this Agreement, there are no <br /> other state or local government agencies providing financial assistance for the project. <br /> (f) There is no parent corporation of the Borrowers. <br /> [Signature Pages follow] <br /> 10 <br /> 491713v1 EL185-46 <br />