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7.3 SR 05-15-2023
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7.3 SR 05-15-2023
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will cause the Tenant to create at least 7 full time equivalent jobs in connection with the <br />development of the Project on the Tax Abatement Property at an average hourly wage of at least <br />$31.77 per hour, excluding benefits, not later than two years from the Benefit Date (the <br />"Compliance Date"). <br />(2) If the Goals are not met by the Compliance Date, the Developer agrees to repay <br />all or a part of the Business Subsidy it has received to the City on a pro rate basis, plus interest <br />set at the implicit price deflator defined in Minnesota Statutes, Section 275.70, Subdivision 2 <br />("Interest"), accruing from and after the Compliance Date, compounded semiannually. If the <br />Goals are only met in part by the Compliance Date, the Developer will repay a portion of the <br />Business Subsidy (plus Interest) determined by multiplying the Business Subsidy by a fraction, <br />the numerator of which is the number of jobs in the Goals which were not created at the wage <br />level set forth above by the Compliance Date and the denominator of which is 7 (i.e. number of <br />jobs set 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 the Compliance Date, or, if the Goals are not met, <br />until the date the Business Subsidy is repaid, (ii) include in the report the information required in <br />Section 116J.994, Subdivision 7 of the Business Subsidy Act on forms developed by the <br />Minnesota Department of Employment and Economic Development, and (iii) send completed <br />reports to the City. The City shall have the right to inspect the Developer's books and records to <br />verify compliance with the requirements of this Section. The Developer agrees to file these <br />reports no later than March 1 of each year commencing March 1, 2024, and within 30 days after <br />the Compliance Date. The City agrees that if it does not receive the reports by such date, it will <br />mail the Developer a warning within one week of the required filing date. If the reports are not <br />made within 14 days of the post marked date of the warning, the Developer agrees to pay to the <br />City a penalty of $100 for each subsequent day until the report is filed up to a maximum of <br />$1,000. <br />(4) The Developer agrees to cause the Tenant to continue operations of the Project on <br />the Tax Abatement Program for at least the duration of the Tax Abatement Program as provided <br />in Section 3.8. <br />(5) In addition to the tax abatement assistance from the City paid pursuant to Section <br />3.9, the Developer has also applied for tax abatement assistance from the County in the amount <br />of approximately $60,0000. <br />(6) Neither the Developer nor the Tenant have parent corporations. <br />Section 3.10 Legal and Administrative Expenses. The Developer will pay all of the <br />City's reasonable Administrative Costs (as defined below) and must pay such costs to the City <br />within 30 days after receipt of a written invoice from the City describing the amount and nature <br />of the costs to be reimbursed. For the purposes of this Agreement, the term "Administrative <br />Costs" means out of pocket costs incurred by the City together with staff and consultant <br />(including reasonable legal, financial advisor, etc.) costs of the City, all attributable to or <br />incurred in connection with establishing the Tax Abatement Program and the review, negotiation <br />10 <br />EL 185\74\870137.v5 <br />
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