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NOTE 13 — TAX ABATEMENT AGREEMENTS (CONTINUED) <br />• The tax increment financing plan conforms to the general plan for the development or <br />redevelopment of the municipality as a whole. <br />The tax increment financing plan will afford maximum opportunity, consistent with the sound <br />needs of the municipality as a whole, for the development or redevelopment of the project by <br />private enterprise. <br />The developer (Boulevard Apartments, LP) agreed to a number of restrictive covenants related to income <br />limitations for residents of the rental building and is required to submit a report on compliance annually by <br />January 31. The developer is in compliance. The City rebated $90,765 to retire the revenue note in 2023. <br />The outstanding balance on the note at year-end was approximately $434,000. <br />The developer (Medtronic, Inc.) agreed to the material requirements to construct a minimum of 1.2 million <br />square feet of office and laboratory space and employ a minimum of 1,500 employees at an average of <br />$34 per hour within two years of completion of the corporate campus and cause the continuous operation <br />of the facility for five years after issuance of a certificate of occupancy. The developer has complied with <br />all the requirements. The City rebated $2,498,348 to retire the revenue note in 2023. The outstanding <br />balance on the note at year-end was approximately $16,214,000. <br />The amount outstanding on these abatement notes are not included in long-term debt because the nature of <br />the note in that repayment is required only if sufficient tax increments are received. The City's position is <br />that these are obligations to assign future and uncertain revenue sources and, as such, is not actual debt in <br />substance. <br />NOTE 14 — COMMITMENTS AND CONTINGENCIES <br />A. Federal and State Revenues <br />Amounts received or receivable from federal and state agencies are subject to agency audit and adjustment. <br />Any disallowed claims, including amounts already collected, may constitute a liability of the applicable <br />funds. The amount, if any, of claims which may be disallowed by the grantor agencies cannot be determined <br />at this time, although the City expects such amounts, if any, to be immaterial. <br />B. Legal Claims <br />The City has the usual and customary type of miscellaneous legal claims pending at year-end. Although the <br />outcome of these lawsuits is not presently determinable, the City's management believes that the City will <br />not incur any material monetary loss resulting from these claims. No loss has been recorded on the City's <br />financial statements relating to these claims. <br />C. Tax Increment Districts <br />The City's tax increment districts are subject to review by the Minnesota Office of the State Auditor. Any <br />disallowed claims or misuse of tax increments could become a liability of the applicable fund. Management <br />has indicated that they are not aware of any instances of noncompliance which would have a material effect <br />on the financial statements. <br />IrM! <br />