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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 contained in Exhibit D of this <br />Agreement. The City shall then present the Assessment Agreement to the county assessor for <br />certification. The assessor shall assign a market value to the property which shall not be less than <br />One Million Four Hundred Thousand and 00/100 Dollars ($1,400,90O). The market value so <br />established may, in the discretion of the assessor, exceed the Minimum Market Value. <br />Section 4.2 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 Development Property <br />or the Developer, or raise the applicability of any such tax statute as a defense in any proceedings <br />including delinquent tax proceedings; <br />(b) It will not seek administrative review or judicial review of the constitutionality of any <br />such tax statute determined by any tax official to be applicable to the Development Property or to <br />the Developer, or raise the unconstitutionality of such tax statute as a defense in any proceedings, <br />including delinquent proceedings; <br />(c) It will not request the assessor to reduce the assessed market value or tax capacity of <br />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 equalization of <br />the county to reduce the assessed market value or tax capacity of all or any portion of the <br />Development Property; <br />(e) It will not petition the board of equalization or commissioner of revenue of Minnesota <br />to reduce the assessed market value or tax capacity of all or any portion of the Development <br />Property; <br />(f) It will not commence an action in a district court or the tax court of the state pursuant <br />to Minnesota Statutes, Chapter 27g, seeking a reduction in the assessed market value or tax <br />capacity of the Development Property; <br />(g} It will not make an application to the Minnesota commissioner of revenue requesting <br />an abatement of real property taxes pursuant to Minnesota Statutes, Chapter 270; and <br />