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Dec-21-98 03:25pm From-KENNEDY & GRAVEN <br />+6123379310 <br />T-667 P.05/10 F-890 <br />CRAFT <br />AMENDED AND RESTATED <br />ASSESSMENT AGREEMENT <br />THIS AMENDED AND RESTATED ASSESSMENT AGREEMENT, dated as of this _ <br />day of December, 1998, by and between the Lino Lakes Economic Development Authority, a <br />public body corporate and politic under the laws of Minnesota ("the Authority"), and F & G, Inc., a <br />Minnesota corporation (the "Developer"). <br />W1TNESSETH: <br />WHEREAS, the Authority and the Developer entered into a Contract for Private <br />Development dated May 13, 1997, recorded thereafter as Document No. 1281609 in the Office of <br />the Anoka County Recorder (the "Development Contract") regarding land located in the City of <br />Lino Lakes, which land is legally described on Exhibit A attached hereto (the "Property"); and <br />WHEREAS, pursuant to the Development Contract, the Developer has constructed three <br />office/warehouse facilities, known as Building A, Building B, and Building C (collectively, the <br />"Minimum Improvements") on the Property; and <br />WHEREAS, the Authority and the Developer desire to establish a Minimum Market Value <br />for the Property and the Minimum Improvements constructed thereon, pursuant to Minnesota <br />Statutes, section 469.177, Subd. 8; and <br />WHEREAS, the Authority and the Anoka County assessor, acting as the assessor for the <br />city of Lino Lakes, Minnesota have previously reviewed the Construction Plans for the Minimum <br />improvements which the Developer promised to erect on the Property and have agreed upon the <br />minimum market value to be assigned thereto. <br />NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, <br />covenants and agreements made by each to the other, do hereby agree as follows: <br />1. The Minimum Market Value of the Property and the first two buildings of the <br />Minimum Improvements was previously established as One Million Six Hundred Seventy-nine <br />Thousand Three Hundred Dollars ($1,679,300) as of January 2, 1998 for taxes payable in 1999. <br />The Minimum Marker Value of the Property and the three buildings of the Minimum improvements <br />shall be Two Million Two Hundred Eighty-five Thousand Three Hundred Dollars ($2,285,300) as <br />of January 2, 1999 for taxes payable beginning in 2000. <br />2. The Minimum Market Value of $2,285,300 herein established for taxes payable <br />beginning in 2000 shall be of no further force and effect and this Amended and Restated <br />Assessment Agreement will end on the Termination Date. The Termination Date will occur (i) after <br />receipt by the Authority of nine years of increment from the Authority's Tax increment Financing <br />District No. 1-7, (ii) May 22, 2006, or (iii) when the Authority has received Available Tax <br />Increment in the amount necessary to satisfy its obligations to repay land costs and Site Preparation <br />Costs under the Development Contract, whichever occurs first. <br />1:HB-15535U <br />LN l40-42 <br />