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<br />Rev. 4/09 <br /> <br />Amendment 1 to CDAP-16-0008-H-FY16 <br /> <br />Contract Start Date: April 11, 2016 Total Contract Amount: $1,000,000.00 <br />Original Contract Expiration Date: March 31, 2021 Original Contract: $1,000,000.00 <br />Current Contract Expiration Date: Previous Amendment(s) Total: $0 <br />Requested Contract Expiration Date: This Amendment: $0 <br /> <br />This amendment is by and between the State of Minnesota, through its Commissioner of the Department of <br />Employment & Economic Development (“State”) and the City of Arden Hills, 11245 West Highway 96 Arden Hills, MN <br />55112 (“Grantee”). <br /> <br /> Recitals <br /> <br />1. The State has a contract with the Grantee identified as CDAP-16-0008-H-FY16 (”Original Contract”) which provided <br />funds from the Minnesota Investment Fund for the purpose of conducting a project entitled Land O’ Lakes, Inc. <br /> <br />2. The Land O’ Lakes, Inc. and the Grantee have requested that the original number of base jobs, as contained in Exhibit <br />A, Grantee Duties, Section 1.1 (a), be changed based on revised calculations by the Borrower. <br /> <br />3. The State and the Grantee are willing to amend the Original Contract as stated below. <br /> <br />Contract Amendment <br /> <br /> In this Amendment deleted contract terms will be struck out and the added contract terms will be underlined <br /> <br /> In consideration of mutual promises set forth below, the parties agree as follows: <br /> <br />1.1 Job Creation and Wages <br />a) The Borrower represents that as of April 11, 2016 it has 1,738 1,730 Full-Time Equivalent permanent, <br />non-contract, non-seasonal employees in the Borrower’s Arden Hills and Shoreview, Minnesota <br />locations. The Borrower will transfer the employees currently located at the Shoreview, Minnesota <br />location to the Arden Hills, Minnesota location by the Compliance Date. On or before the Compliance <br />Date, the Borrower shall cause to be created at least 200 new full-time equivalent jobs on the <br />Development Property (as defined in the Agreement for Loan of Minnesota Investment Fund – <br />Forgivable Loan by and between the City of Arden Hills, Minnesota and Land O’ Lakes, Inc.) (the “New <br />Jobs”) for a total of 1,938 1,930 Full-Time Equivalent jobs on the Development Property (the “Subsidy <br />Jobs”). Any jobs on the Development Property created after April 11, 2016 will be considered New Jobs <br />and count toward the Borrower’s Subsidy Job creation goals. The Borrower further represents that as <br />of April 11, 2016 it has 508 535 full-time equivalent permanent, non-contract, non-seasonal employees <br />in the State of Minnesota that are not on the Development Property (the “State Jobs”). As of the <br />Compliance Date, the Borrower will provide evidence that at least the number of State Jobs set forth <br />above exist in the State of Minnesota. If, prior to the Compliance Date, all or some of the State Jobs are <br />transitioned to one or more third parties by sale or otherwise, and such third party agrees in writing at <br />the time of such transition that such transitioned State Jobs will be retained in the State of Minnesota <br />and such third party provides to the State evidence sufficient to the State in the State’s reasonable <br />discretion that such State Jobs were retained in the State of Minnesota through the Compliance Date, <br />the number of State Jobs set forth above and the Borrower’s obligations therewith shall be subject to <br />an immediate and corresponding reduction.