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10-29-2018 Council Packet
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10-29-2018 Council Packet
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4626500v1 <br /> <br /> <br /> <br /> PAYMENT IN LIEU OF TAXES AGREEMENT <br />THIS AGREEMENT, made as of the _____ day of July, 2018, among the City of Little <br />Canada, Minnesota (the "City"), a municipal corporation organized and existing under the laws <br />of the State of Minnesota, and AFSA Building Company, a Minnesota Nonprofit Corporation <br />(the "Property Owner"). <br />WITNESSETH: <br />WHEREAS, the Property Owner is purchasing the property at 2925 Country Drive from <br />RAB, LLC (the Development Property) legally described on Exhibit A attached hereto; and <br />WHEREAS, the Development Property is located in former Tax Increment Financing <br />District #2-2 which was created based upon the City’s desire to enhance its tax base; and <br />WHEREAS, the Property Owner’s proposed use of the Development Property would <br />qualify for tax exempt status for property taxes pursuant to Minnesota Statutes 272.02; and <br />WHEREAS, the Development Property is zoned Planned Unit Development (PUD) and <br />the planned use of the property as a “school” is not currently permitted in this zoning district; <br />and <br />WHEREAS, as a condition of rezoning, the City is requiring the Property Owner to enter <br />in to a Payment In Lieu of Taxes (PILOT) agreement to reimburse the City for its loss in <br />property taxes, including its contribution to the Fiscal Disparities pool, associated with the <br />Development Property gaining exempt status; and <br />WHEREAS, the City would not have initially provided assistance to Development <br />Property if it would have been eligible for tax exempt status given the City’s limited economic <br />base; and <br />WHEREAS, Property Owner is entering in to this Payment in Lieu of Taxes payment as <br />recognition of the financial impact tax exempt status would have on the City’s ability to provide <br />needed services to the community. <br />NOW, THEREFORE, in consideration of the premises and the mutual obligations of the <br />parties hereto, each of them does hereby covenant and agree with the other as follows:
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