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<br />8. Right of Refusal <br />The EDA shall deny any application found inconsistent with the goals of the City’s <br />Comprehensive Plan, Economic Development Strategic Plan and the intent, <br />requirement and goals of this policy. The City Council shall have final authority to <br />review the application and will make the final determination as to whether the <br />assistance shall be granted. The EDA and the City reserve the right to approve or <br />reject projects on a case-by-case basis, taking into consideration established policies. <br />Meeting policy criteria does not guarantee the award of assistance to the project. <br />Approval or denial of one project is not intended to set precedent for approval or <br />denial of another project. <br /> <br />9. Compliance with the Minnesota Business Subsidy Law <br /> All developers/businesses receiving financial assistance from the EDA and the City <br />shall be subject to the provisions and requirements set forth by the City’s Business <br />Subsidy Policy as amended and Minnesota Statutes, Sections 116J.993 to 116J.995 <br />(the “Minnesota Business Subsidy Law”) if applicable, including entering into a <br />business subsidy agreement if necessary. Any business subsidy agreement will be <br />drafted by the EDA. If the applicant requests any changes to the agreement, the <br />applicant will pay the EDA’s legal costs associated with review of the requested <br />changes and incorporation of any accepted changes by the EDA’s attorney. <br /> <br /> <br />10. Form of Assistance; Repayment <br />The incentive will be provided over a period of two (2) years starting after the City <br />issues a Certificate of Occupancy (CO) for the project. If the business owner fails to <br />create the number of jobs as set forth in its application within two (2) years of the <br />issuance of a CO, the business may be required to repay the amount of assistance <br />provided as required by applicable law. <br />5 | Page <br /> <br /> <br />