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<br />ARTICLE VI <br />FINANCIAL ASSISTANCE <br /> <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 />Two Hundred Ten Thousand and 00/100 Dollars ($210,000.00). The market value so established <br />may, in the discretion of the assessor, exceed the Minimum Market Value. <br /> <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 /> <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 or <br />the Developer, or raise the applicability of any such tax statute as a defense in any proceedings, <br />includi ":g delinquent tax proceedings; <br /> <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 Development Property or <br />to the Developer, raise the unconstitutionality of such tax statute as a defense in any proceedings, <br />including delinquent proceedings; <br /> <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 /> <br />(d) It will not petition the board of equalization of the City or the board of equalization <br />of the county to reduce the assessed market value or tax capacity of all or any portion of the <br />Development Property; <br /> <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 portion of the <br />Development Property; <br /> <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 market value or <br />tax capacity of the Development Property <br /> <br />(g) It will not make an application to the Minnesota commissioner of revenue <br />requesting an abateme~t of real property taxes pursuant to Minnesota Statutes, Chapter 270; and <br /> <br />(h) It will not commence any other proceedings, whether administrative, legal or <br />" equitable, with any administrative body within the City, county, or the state, or with any court of <br />the state or the federal government, with regard to the minimum market value contained in the <br />Assessment Agreement The Developer shall not, prior to tax-payable year 2012, apply for a <br />deferral of property tax on the Development Property. <br /> <br />Nothing contained herein shall be deemed to limit the right or opportunity of the Developer <br />to challenge through any of the means set forth above, or otherwise, that part of any valuation or <br />the market value which is in excess of the stipulated value contained in the Assessment Agreement; <br />provided, however, that the Developer may not institute or prosecute any challenge to the excess <br />which, if successful, would also result in a reduction of the assessment below the stipulated value. <br /> <br />Page 14 <br />