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<br />SHALL NOTIFY THE COUNTY AUDITOR TO HOLD THE DISTRIBUTION OF TAX <br />INCREMENT FROM TAX INCREMENT FINANCING DISTRICT NO. 11. <br /> <br />Section 3.24 Reasonable Expectations. As required by the Tax Increment Financing <br />Act, in establishing Tax Increment Financing District No. 11, the determination has been made <br />that the anticipated development would not reasonably be expected to occur solely through <br />private investment within the reasonably foreseeable future and that the increased market value <br />of the site that could reasonably be expected to occur without the use of tax increment financing <br />would be less than the increase in the market value estimated to result from the proposed <br />development after subtracting the present value of the projected Tax Increments for the <br />maximum duration of Tax Increment Financing District No. 11 permitted by the Tax Increment <br />Financing Plan. In making said determination, reliance has been placed upon written <br />representations made by the developer to such effects and upon City staff awareness of the <br />feasibility of developing the project site. A comparative analysis of estimated market values <br />both with and without establishment of Tax Increment Financing District No. 11 and the use of <br />Tax Increments has been performed as described above. Such analysis is on file with the City, <br />and indicates that the increase in estimated market value of the proposed development (less the <br />indicated subtractions) exceeds the estimated market value of the site absent the establishment of <br />Tax Increment Financing District No. 11 and the use of Tax Increments. <br /> <br />Section 3.25 Other Limitations on the Use of Tax Increment. <br /> <br />(1) General Limitations. All revenue derived from tax increment shall be <br />used in accordance with the tax increment fmancing plan. The revenues shall be used to <br />fmance or otherwise pay public capital and administration costs pursuant to Minnesota <br />Statutes, Section 469.124 through 469.134. These revenues shall not be used to <br />circumvent existing levy limit law. No revenues derived from tax increment shall be used <br />for the construction, renovation, operation or maintenance of a building to be used <br />primarily and regularly for conducting the business of a municipality, county, school <br />district, or any other local unit of government or the state or federal government or for a <br />commons area used as a public park, or a facility used for social, recreational, or <br />conference purposes; this provision shall not prohibit the use of revenues derived from <br />tax increments for the construction or renovation of a parking structure or of a privately <br />owned facility for conference purposes. <br /> <br />(2) Restriction on Pooling. Pursuant to Minnesota Statutes, Section 469.1763, <br />the tax increment derived from Housing District No. 11 must be expended on public costs <br />of the housing project as defmed in Minnesota Statutes, Section 469.174, subd. 11 and <br />subj ect to the requirements set forth in Minnesota Statutes, Section 469.1761. <br /> <br />Section 3.26 Economic Development or Job Growth: Business Subsidies: Reporting. <br />To the extent applicable, the City agrees to comply with Minnesota Statutes, Sections 116J.993 <br />to 116J.995, which states that a local unit of government granting financial assistance to a <br />business for economic development or job growth purposes, including tax increment fmancing, <br />must establish business subsidy criteria and approve a business subsidy agreement with the <br />business receiving tax assistance. Minnesota Statutes, Section 1161.993 requires a city providing <br /> <br />1954494v3 <br /> <br />14 <br /> <br />-175- <br />