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<br />reduction in the tax classification of the Development Property and the Minimum Improvements <br />under Minnesota Statutes, Section 273.13, or any successor statute, a reduction in the local tax <br />rates applicable to the Development Property and the Minimum Improvements, or any change to <br />the method of taxing real property that has the effect of reducing the revenues derived from such <br />taxes. <br /> <br />(f) Failure of the Developer to commence and complete all of the Minimum <br />Improvements. <br /> <br />Section 5.5 Use of Tax Increments. The City shall be free to use the Tax Increment, <br />other than the Pledged Tax Increment and the Parking Lot Pledged Tax Increment herein pledged <br />to the payment of the Tax Increment Revenue Note, the Parking Lot Note and any Refunding <br />Bonds, for any other purpose for which the Tax Increment may lawfully be used pursuant to <br />applicable provisions of the Minnesota law. <br /> <br />Section 5.6 Business Subsidy Act. <br /> <br />(a) 22% of the principal amount of the Tax Increment Revenue Note and $190,400 of <br />the reduction of SAC and WAC is applicable to the Bluff Block Housing Project (the "Bluff <br />Block Housing Subsidy") and 3% of the principal amount of the Tax Increment Revenue Note <br />and $89,600 of the reduction of SAC and WAC plus 40% of the reduction below fair market <br />value of the purchase price of the Jackson Block Property is applicable to the Jackson Block <br />Housing Project (the "Jackson Block Housing Subsidy"). The Bluff Block Housing Subsidy and <br />the Jackson Block Housing Subsidy granted to the Developer pursuant to this Agreement is <br />assistance for housing and therefore the provisions of Minnesota Statutes, Section 116J.993 to <br />116J.995 (the "Business Subsidy Law") do not apply. <br /> <br /> <br />(b) The County assessor estimates the current year fair market value of the Bluff <br />Block Property to be Six Hundred Seventy-One Thousand Four Hundred Dollars ($671,400). <br />The Developer represents that the cost of site development for the Bluff Block Property will be <br />not less than Two Hundred Thousand Dollars ($200,000.00). The purchase price for the Bluff <br />Block Property is not expected to be less than One Million Nine Hundred Twelve Thousand <br />Seven Hundred Fifty Dollars ($1,912,750). 70% of the principal amount of the Tax Increment <br />Revenue Note and $12,623 of the reduction of SAC and WAC is applicable to the Bluff Block <br />Commercial Project (the "Bluff Block Commercial Subsidy"). Based upon these estimates and <br />representations, the Developer represents that because the purchase price and cost of site <br />development for the Bluff Block Property will equal seventy percent (70%) or more of the <br />assessor's current year's estimated fair market value of the Bluff Block Property and the Bluff <br />Block Commercial Subsidy does not constitute a "business subsidy" and therefore the provisions <br />of the Business Subsidy Law do not apply. <br /> <br />( c) 5% of the principal amount of the Tax Increment Revenue Note and $15,167 of <br />the reduction of SAC and WAC plus 60% of the reduction below fair market value of the <br />purchase price of the Jackson Block Property is applicable to the Jackson Block Commercial <br />Project (the "Jackson Block Commercial Subsidy"). The Jackson Block Commercial Subsidy <br />granted to the Developer pursuant to this Agreement is a subsidy subject to the provisions of the <br />Business Subsidy Law. <br /> <br />I 824344vRED V2 to VI; 10/12/05 <br /> <br />32 <br />