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(c) In accordance with Section 469.1813, subdivision 8 of the Abatement Act, in no year <br />shall the Abatement, together with all other abatements approved by the City under the <br />Abatement Act and paid in that year exceed the greater of 10% of the net tax capacity of the <br />City for that year or $200,000 (the "Abatement Cap"). The City may grant other abatements <br />permitted under the Abatement Act after the date of this resolution, provided that to the <br />extent the total abatements in any year exceed the Abatement Cap, the allocation of <br />Abatement Cap to such other abatements is subordinate to the Abatement granted pursuant <br />to this resolution. <br />(d) In no event shall the total payments of the Abatement to the Developer exceed <br />$138,204 or continue to be paid for more than eleven (11) years as set forth in the <br />Agreement. <br />(e) The Abatement is subject to modification in accordance with the Abatement Act, <br />subject to the terms of the Agreement. <br />(f) In accordance with Section 469.1815 of the Abatement Act, in each year during the <br />term of the Abatement the City will add to its levy the total estimated amount of current year <br />Abatement granted under this resolution. <br />(g) The City makes no warranties or representations regarding the amount or availability <br />of the Abatement. <br />4 Section 4. Agreement Approved. <br />4.01. The City believes that the development of the Project pursuant to the Agreement, <br />and fulfillment generally of the Agreement, are in the vital and best interests of the City and <br />the health, safety, morals, and welfare of its residents. Those public purposes of the <br />Agreement include providing higher -paying employment opportunities in the City, County <br />and State, preserving and enhancing the tax base in the City, the County and the State, <br />retaining a local business by helping them expand and succeed in the City and encouraging <br />additional desired developments in the City. <br />4.02. The City hereby approves the Agreement, including the business subsidy agreement <br />set forth therewith, substantially in accordance with the terms set forth in the form <br />presented to the City Council, together with any related documents necessary in connection <br />therewith, and without limitation all documents, exhibits, certifications or consents <br />referenced in or attached to the Agreement (collectively, the "Development Documents") <br />and hereby authorizes the Mayor and City Administrator to negotiate the final terms thereof <br />and, in their discretion and at such time as they may deem appropriate, to execute the <br />Development Documents on behalf of the City, and to carry out, on behalf of the City, the <br />City's obligations thereunder when all conditions precedent thereto have been satisfied. <br />4.03. The approval hereby given to the Development Documents includes <br />approval of such additional details therein as may be necessary and appropriate and such <br />modifications thereof, deletions therefrom and additions thereto as may be necessary and <br />appropriate and approved by legal counsel to the City and by the officers authorized herein <br />to execute said documents prior to their execution; and said officers are hereby authorized to <br />P B M E R E B B I <br />NATURE] <br />