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05/08/00 MON 14:55 FAX 16123402644 DORSEY VMIMY 19 <br /> 2. Establishment of New TIF District and Termination of Assessment Aareemen on <br /> Apache Plaza: For the proposed new TEF district to qualify as a redevelopment district(i)parcels <br /> consisting of at least 70% of the area of the new TIF district must be occupied by buildings, streets, <br /> utilities or other improvements (a parcel is not considered occupied by such improvements unless 15% <br /> of the area of the parcel contains improvements), and(ii) more than 50% of the buildings located in the <br /> district must be"structurally substandard"to a degree requiring substantial renovation or clearance. <br /> The HRA must make this finding in the resolution approving the financing plan for the district and the <br /> establishment of the TIF district. It is my understanding that there are two buildings in the proposed <br /> new district, the shopping center building and a building containing Taco Bell. Since the requirement is <br /> that more than 50% of the buildings must be structurally substandard, both of the buildings will need to <br /> be found structurally substandard. <br /> Minnesota Statutes, Section 469.174, subdivision 10 contains a definition of structurally <br /> substandard and provides that the HRA may not make a determination that a building is structurally <br /> substantial without undertaking an interior inspection of the building unless it is unable to gain access to <br /> such building. The HRA should obtain a report of an independent engineer to evidence that the <br /> buildings are "structurally substandard" and use this report as the basis for its determinations. <br /> The duration limit of the new redevelopment district is 25 years from the date of first <br /> receipt of tax increment. This district will result in a reduction of LGA/HACA for the City pursuant to <br /> Minnesota Statutes, Section 273.1399. This reduction is phased in beginning 6 years after the <br /> assessment year for the original tax capacity of the district. The developer may not reimburse the City <br /> for any such reduction since any developer payments will be treated as tax increment revenue under <br /> Minnesota Statutes, Section 469.1766. <br /> Hillcrest Development has requested that the HRA terminate the existing Assessment <br /> Agreement entered into with St. Marie Company for Apache Plaza shopping center. The Agreement <br /> establishes a minimum market value for the shopping center and provides that it terminates when_ <br /> general obligation bonds issued by the City for the CUB Store are paid in full: The Assessment <br /> Agreement was required by the City to preserve the City's tax base and to protect against a reduction <br /> in market value for the shopping center which would have a negative impact on the tax increment <br /> revenue to pay the general obligation bonds. <br /> Minnesota Statutes, Section 469.177, subdivision 8 provides that an assessment <br /> agreement may be terminated by mutual consent of the current parties to the agreement. Such <br /> termination must be approved by the City. If the estimated market value for the property for the most <br /> recent available assessment is less than the minimum market value established by the assessment <br /> agreement for that year or an later year it must also be approved by the governing body of the county <br /> Y Y <br /> and school district in which such property is located. It is my understanding that the estimatedmarket <br /> value of the shopping center is not less than the minimum market value contained in the Assessment <br /> -2- <br />