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City of Elk River, Minnesota <br />Baker Tilly Municipal Advisors, LLC Page 11 <br />The City anticipates entering into an agreement for development. <br /> <br /> <br />Section Y Assessment Agreements <br /> <br />The City may, upon entering into a development agreement, also enter into an assessment <br />agreement with any person, which establishes a minimum market value of the land and <br />improvements for each year during the life of the TIF District. <br /> <br />The assessment agreement shall be presented to the County or City Assessor who shall review <br />the plans and specifications for the improvements to be constructed, review the market value <br />previously assigned to the land and so long as the minimum market value contained in the <br />assessment agreement appears to be an accurate estimate, shall certify the assessment <br />agreement as reasonable. The assessment agreement shall be filed for record in the office of <br />the County Recorder and/or Registrar of Titles of each county where the property is located. <br />Any modification or premature termination of this agreement must first be approved by the City, <br />County and School District. <br /> <br />The City does not anticipate entering into an assessment agreement with the developer. <br /> <br /> <br />Section Z Modifications of the Tax Increment Financing Plan <br /> <br />Any reduction or enlargement in the geographic area of the Project Area or the TIF District; <br />increase in the amount of bonded indebtedness to be incurred; increase in the amount of <br />capitalized interest; increase in that portion of the captured net tax capacity to be retained by the <br />City; increase in the total estimated capital and administrative costs; or designation of additional <br />property to be acquired by the City shall be approved only after satisfying all the necessary <br />requirements for approval of the original TIF Plan. This paragraph does not apply if: <br /> <br /> (1) the only modification is elimination of parcels from the TIF District; and <br /> <br /> (2) the current net tax capacity of the parcels eliminated equals or exceeds the net <br />tax capacity of those parcels in the TIF District's original net tax capacity, or the <br />City agrees that the TIF District's original net tax capacity will be reduced by no <br />more than the current net tax capacity of the parcels eliminated. <br /> <br />The City must notify the County Auditor of any modification that reduces or enlarges the <br />geographic area of the TIF District. The geographic area of the TIF District may be reduced but <br />not enlarged after five years following the date of certification. <br /> <br /> <br />Section AA Administration of the Tax Increment Financing Plan <br /> <br />Upon adoption of the TIF Plan, the City shall submit a copy of such plan to the Minnesota <br />Department of Revenue and the Office of the State Auditor. The City shall also request that the <br />County Auditor certify the original net tax capacity and net tax capacity rate of the TIF District. <br />To assist the County Auditor in this process, the City shall submit copies of the TIF Plan, the <br />resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior <br />planned improvements. The City shall also send the County or City Assessor any assessment <br />agreement establishing the minimum market value of land and improvements in the TIF District <br />and shall request that the County or City Assessor review and certify this assessment <br />agreement as reasonable. <br /> <br />The County shall distribute to the City the amount of tax increment as it becomes available. The <br />amount of tax increment in any year represents the applicable property taxes generated by the