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3. Job and Wage Requirements. <br />a. Except where the purpose of the Subsidy is employment retention, or where the <br />City Council has determined that the Job and Wage Requirements do not apply <br />and are, therefore, zero, each Development Agreement and/or Subsidy Agreement <br />shall require the Recipient to create a specified number of Qualified Jobs on or <br />before the Achievement Date. <br />b. In the case of a Subsidy granted by the City (i) within an Economic Development <br />District established before or after the applicable Effective Date or (ii) not within <br />a Tax Increment District, but granted in connection with other than a <br />Redevelopment Activity, the Recipient shall be required to create one Qualified <br />Job for each $50,000.00 of present value Subsidy. <br />c. If the City Council chooses to deviate from the Job and Wage Requirements <br />established herein, the resolution approving the Subsidy shall state the reasons for <br />such deviation and the City shall provide a copy of such resolution to the <br />Minnesota Department of Employment and Economic Development when filing <br />its next annual report. <br />4. Enforcement of Policy Requirements <br />a. A person with residence in or an owner of taxable property located in the City <br />may bring an action for equitable relief arising out of the failure of the City to <br />comply with the Act. <br />b. Prior to bringing an action, the party must file a written complaint with the City <br />stating the alleged violation and proposing a remedy. The City has up to 30 days <br />to reply to the complaint in writing and may take action to comply with the Act. <br />c. The written complaint under this Section 4 for failure to comply with Section <br />116J.994, subdivisions 1 to 5 of the Act must be filed with the City within 180 <br />days after approval of the Development Agreement or Subsidy Agreement. An <br />action under this Section 4 must be commenced within 30 days following receipt <br />of the City's reply pursuant to Section 413 hereof or within 180 days after <br />approval of the Development Agreement or Subsidy Agreement, whichever is <br />later. <br />5. Reporting. Within 1 year of the granting of a Subsidy, including a Special Category <br />Subsidy, City staff shall file the report required by Section 116J.994, subdivision 8. <br />5 - Business Subsidy Policy ver 2013 -01 -04 (2).docx <br />