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ARTICLE V <br />TAX INCREMENT <br />Section 5 1 Assessment Agreement The City and the Developer shall execute the <br />Assessment Agreement and Certification of County Assessor contained in Exhibit D of this <br />Agreement. The City shall then present the Assessment Agreement to the county assessor for <br />certification The county assessor shall assign a market value to the Development Property that <br />shall not be less than Six Hundred Twenty -Seven Thousand Nine Hundred and 00/100's Dollars <br />($627,900) The Market Value so established may, in the discretion of the assessor, exceed the <br />Minimum Market Value <br />Section 5.2 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 pnor 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 />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) It will not commence an action in a district court or the tax court of the state <br />pursuant to Minnesota Statutes, Chapter 278, 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 270 <br />(e) <br />(g) <br />12 <br />