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<br />. <br /> <br />. <br /> <br />. <br /> <br />DEVELOPMENT AGREEMENT <br /> <br />THIS AGREEMENT, made as of , 2005, by and between Economic <br />Development Authority of the City of Mounds View, Minnesota, a body politic and corporate <br />(the "Authority") and SYSCO Food Services of Mimlesota, Inc., a Delaware corporation (the <br />"Developer"), <br /> <br />WITNESSETH: <br /> <br />WHEREAS, pursuant to Minnesota Statutes, Sections 469.001 through 469.047, the City <br />of Mounds View, Mimlesota (the "City") has formed a Redevelopment Project Area (the <br />"Redevelopment Area") and has adopted a redevelopment plan therefor (the "Redevelopment <br />Plan"); and <br /> <br />WHEREAS, the Authority has assumed jurisdiction over the Redevelopment Area and <br />the Redevelopment Plan; and <br /> <br />WHEREAS, pursuant to the provisions of Mimlesota Statutes, Section 469.174 through <br />469.1799, as amended (hereinafter, the "Tax Increment Act"), the Authority and the City have <br />created, within the Redevelopment Area, Tax Increment Financing District No. 3 (the "Tax <br />Increment District"), and have adopted a tax increment financing plan, therefor (the "Tax <br />Increment Plan") which provides for the use of tax increment financing in cOlmection with <br />development within the Redevelopment Area; and <br /> <br />WHEREAS, in order to achieve the objectives of the Redevelopment Area and <br />particularly to make the land in the Redevelopment Area available for development by private <br />enterprise in conformance with the Redevelopment Plan, the AuthOlity has determined to assist <br />the Developer with the financing of certain costs of a Project (as hereinafter defined) to be <br />constructed within the Redevelopment Area as more particularly set forth in this Agreement; and <br /> <br />WHEREAS, the Authority believes that the development and construction of the Project, <br />and fulfillment of this Agreement are vital and are in the best interests of the City, the health, <br />safety, morals and welfare of residents of the City, and in accordance with the public purpose <br />and provisions of the applicable state and local laws and requirements under which the Project <br />has been undertaken and is being assisted; and <br /> <br />WHEREAS, the requirements of the Business Subsidy Law, Mimlesota Statutes, Section <br />116J.993 through lI6J995, apply to this Agreement; and <br /> <br />WHEREAS, the Authority has adopted criteria for awarding business subsidies that <br />comply with the Business Subsidy Law, after a public hearing for which notice was published; <br />and <br /> <br />WHEREAS, the Board of Commissioners of the Authority, has approved this Agreement <br />as a subsidy agreement under the Business Subsidy Law. <br /> <br />1796750vl <br />