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(a) It will not seek administrative review or judicial review of the <br />applicability of any tax statute relating to the taxation of the Development Property <br />determined by any tax official to be applicable or raise the inapplicability of any such tax <br />statute as a defense in any proceedings, including delinquent tax proceedings; <br />(b) It will not seek administrative review or judicial review of the <br />constitutionality of any tax statute relating to the taxation of the Development Property <br />determined by any tax official or raise the unconstitutionality of any such tax statute as a <br />defense in any proceedings, including delinquent tax proceedings; and <br />(c) It will not seek any tax deferral or abatement, either presently or <br />prospectively authorized under any State or federal law, of the taxation of the <br />Development Property. <br />(f) The Assessment Agreement will be terminated if a Minnesota statutory change is <br />enacted that causes the assessed valuation of the Development Property to be lower than the <br />Assessor's Minimum Market Value. The Authority will cooperate with the Developer in <br />preparing and executing any reasonable termination documents required if such a statutory <br />change occurs. <br />ARTICLE V <br />CONSTRUCTION OF MINIMUM IMPROVEMENTS <br />Section 5.,1 Minimum Improvements. The Development includes the Minimum <br />Improvements required to be constructed by the Developer, as depicted on the Minimum <br />Improvements Site Plan, included in the Design Drawings, attached as Exhibit B. The <br />Developer agrees to construct approximately 152 senior rental housing units, together with <br />related parking facilities (the "Minimum Improvements"). <br />Section 5.2 Intentionally Left Blank <br />Section 5.3 Intentionally Left Blank <br />Section 5.4 Design Drawings; Preliminary Plans. <br />(a) Prior to the preparation of any Final Plans, the Developer shall submit the <br />Preliminary Plans to the Authority for approval. Based on the Preliminary Plans, the Developer <br />will submit to the Authority for approval the Final Plans. The Developer understands that the <br />Final Plans must be consistent with the Design Drawings, the Redevelopment Plan, this <br />Agreement, the PUD Agreement, and all applicable State and local laws and regulations, insofar <br />as said consistency may be determined at said preliminary stage. <br />(b) The City, Authority and Developer agree to communicate and cooperate to <br />complete the reviews required under this Article V in time to Commence Construction in <br />accordance with the Minimum Improvements Timeline in Section 7.1. <br />Section 5.5 Construction Plans. <br />14 <br />