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undertake without the Business Subsidy. The public purpose of the Business Subsidy is to create <br />jobs and increase the tax base in the City. The Developer agrees that it will cause Metal Craft <br />Machine & Engineering, Inc. (the "Tenant") to meet the following goals (the "Goals"): in <br />addition to the existing 78 fill time equivalent jobs the Tenant will maintain, it will create at <br />least twenty (20) new full time equivalent jobs in connection with the development of the Project <br />at a wage of at least $15.00 per hour, which includes benefits not required by law, within two <br />years from the Benefit Date. <br />(2) If none of the Goals are met, the Developer agrees to repay all of the Business <br />Subsidy to the City, plus interest ("Interest`) set at the implicit price deflator defined in <br />Minnesota Statutes; Section 275.70, Subdivision 2, accruing from and after the Benefit Date, <br />compounded semiannually. If the Goals are met in part, the Developer will repay a portion of <br />the Business Subsidy (plus Interest) determined by multiplying the Business Subsidy by a <br />fraction, the numerator of which is the number of jobs in the Goals which were not created at the <br />wage level set forth above and the denominator of which is twenty (20) (i.e. number of jobs set <br />forth in the Goals). <br />(3) The Developer agrees to (i) report its progress on achieving the Goals to the City <br />until the later of the date the Goals are met or two years from the Benefit Date, or, if the Goals <br />are not met, until the date the Business Subsidy is repaid, (ii) include in the report the <br />information required in Section 116J.994, Subdivision 7 of the Business Subsidies Act on forms <br />developed by the Minnesota Department of Employment and Economic Development, and (iii) <br />send completed reports to the City. The Developer agrees to file these reports no later than <br />March I of each year commencing March 1. 2008, and within 30 days after the deadline for <br />meeting the Goals. The City agrees that if it does not receive the reports, it will mail the <br />Developer a warning within one week of the required filing date. If within 14 days of the post <br />marked date of the warning the reports are not made, the Developer agrees to pay to the City a <br />penalty of $100 for each subsequent day until the report is filed up to a maximum of $1.000. <br />(4) The Developer agrees to cause the Tenant to continue operations of the Project for <br />at least five (5) years after the Benefit Date. <br />(5) Other than the Tax Abatements provided by the City and comparable tax <br />abatements from the County, there are no state or local government agencies providing financial <br />assistance for the Project. <br />(5) There is no parent corporation of the Developer or the Tenant. <br />Section 3.9 Duration of Abatement Proaram. The Tax Abatement Program shall exist <br />for a period of up to twelve years beginning with real estate taxes payable in 2010 through 2018. <br />On or before February 1 and August 1 of each year commencing August 1, 2010 until the earlier <br />of the date that the Developer shall have received the Reimbursement Amount or February 1, <br />2019 the City shall pay the Developer the amount of the Tax Abatements received by the City in <br />the previous six month period. The City may terminate the Tax Abatement Program and this <br />Agreement at an earlier date if an Event of Default occurs and the City rescinds or cancels this <br />Agreement. <br />2045533v4 7 <br />