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BRIGGS AND MORGAN <br />whether the use is unrelated or disproportionate and it will not be necessary to review whether <br />the private payment test has been met. Under this scenario, the use will be permissible. <br />Despite the fact that such use is anticipated to be permissible, it is recommended that the <br />City include a provision that acknowledges that the facility is financed with tax-exempt debt and <br />that the lessee will not take any action that would cause the debt to be determined to be taxable. <br />The City should also continue to monitor the amount of space that is used by non- <br />governmental entities. For example, should Anoka County move out of its space in the future <br />and the City re -leases that space to a non -governmental entity, this question will need to be <br />revisited. <br />3 <br />6377563v1 <br />