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CC PACKET 06122012
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CC PACKET 06122012
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57 <br />fifty percent (50%) difference as shown on the Audited Construction Cost Statement, up to a <br />maximum amount of $160,755. <br />Section 4.4 Assessment Agreement. <br />(a) The Developer and the Authority agree to execute an Assessment Agreement in <br />substantially the form attached hereto as Exhibit H. The Developer shall be responsible for <br />obtaining the certification of the County Assessor of the County ("County Assessor") to the <br />Assessment Agreement and for filing the Assessment Agreement against the Development <br />Property. The Assessment Agreement shall specify the Assessor's Minimum Market Value for <br />the Development Property for calculation of real property taxes. Unless the County Assessor <br />requires a lower amount, the Developer agrees to a minimum market value for the Property as of <br />January 2 of each of the years 2015 through 2029 (respecting taxes payable in the years 2016 <br />through 2030, inclusive) of not less than $14,440,000 (such minimum market value is herein <br />referred to as the "Assessor's Minimum Market value'. <br />(b) Nothing in the Assessment Agreement shall limit the discretion of the County <br />Assessor to assign a market value to the Development Property in excess of the Assessor's <br />Minimum Market Value or prohibit the Developer from seeking through the exercise of legal or <br />administrative remedies a reduction in such market values for property tax purposes; provided <br />however, that the Developer shall not seek a reduction of such market value below the <br />Assessor's Minimum Market Value for any year's assessment for which the Assessment <br />Agreement shall remain in effect. Unless earlier terminated as described above, the Assessment <br />Agreement shall remain in effect with respect to the payable 2016 through the payable 2030 real <br />estate property taxes, both inclusive. <br />(c) The Assessment Agreement must be certified by the County Assessor, as <br />provided in Minnesota Statutes, Section 469.177, Subdivision 8, upon a finding by the County <br />Assessor that the Assessor's Minimum Market Value is reasonable. Pursuant to Minnesota <br />Statutes, Section 469.177, Subdivision 8, the filing by the Developer of the Assessment <br />Agreement in the office of the County Recorder and/or Registrar of Titles, as applicable, shall <br />constitute notice to any subsequent encumbrancer or purchaser of the Development Property (or <br />part thereof), whether voluntary or involuntary, and such Assessment Agreement shall be <br />binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, <br />including the holder of or mortgagee under any mortgage. <br />(d) The Developer shall cause the Assessment Agreement to be filed against the <br />Development Property. The Authority shall have no obligation to file the Assessment <br />Agreement or to ascertain whether the Developer has done so. <br />(e) Throughout the term of the Assessment Agreement, the Developer shall take no <br />action, and suffer no circumstances to exist or action to be taken by others (to the extent the <br />Developer may prevent the same), the effect of which would be to render the Development <br />Property or any portion thereof to be no longer generally subject to real property taxation. The <br />Developer agrees that prior to the termination of the Assessment Agreement: <br />13 <br />
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