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ARTICLE VI <br />TAX INCREMENT <br />Section 6.1. Assessment Agreement. The City and the Developer shall execute the <br />Assessment Agreement and Certification of County Assessor attached hereto as <br />Exhibit D. The City shall then present the Assessment Agreement to the county <br />assessor for certification. The county assessor shall assign a market value to the <br />Development Property that shall not be less than One Million Four Hundred <br />Thousand Dollars and 00/100's ($1,400,000.00). The Market Value so <br />established may, in the discretion of the assessor, exceed the Minimum Market <br />Value. <br />Section 6.2. Review of Taxes. Except as otherwise provided in this Agreement, the <br />Developer shall pay all real property taxes and special assessments assessed against the <br />Development Property. The Developer agrees that prior to the Maturity Date: <br />(a) It will not seek administrative review or judicial review of the applicability of any <br />property tax statute determined by any tax official to be applicable to the <br />Development Property or the Developer, or raise the applicability 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 constitutionality of <br />any such tax statute determined by any tax official to be applicable to the <br />Development Property or to the Developer, or raise the unconstitutionality of such <br />tax statute as a defense in any proceedings, including delinquent proceedings. <br />(c) It will not request the assessor to reduce the assessed market value or tax capacity <br />of all or any portion of the Development Property. <br />(d) It will not petition the board of equalization of the City or the board of <br />equalization of the county to reduce the assessed market value or tax capacity of <br />all or any portion of the Development Property. <br />(e) It will not petition the board of equalization or commissioner of revenue of <br />Minnesota to reduce the assessed market value or tax capacity of all or any <br />portion of the Development Property. <br />(f) <br />(g) <br />It will not commence an action in a district court or the tax court of the state <br />pursuant to Minnesota Statutes, Chapter 228, seeking a reduction in the assessed <br />market value or tax capacity of the Development Property. <br />It will not make an application to the Minnesota commissioner of revenue <br />requesting an abatement of real property taxes pursuant to Minnesota Statutes, <br />Chapter 220. <br />17 <br />