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4.13 SR 07-15-2024
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4.13 SR 07-15-2024
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A-6 <br />EL185\61\949053.v3 <br />been paid on the Note on or before the final maturity date of the Note shall no longer be payable, <br />as if the Note had ceased to be an obligation of the City. The Note Holder understands that the <br />Note will never represent or constitute a general obligation, debt or bonded indebtedness of the <br />City, the State of Minnesota, or any political subdivision thereof and that no right will exist to <br />have taxes levied by the City, the State of Minnesota or any political subdivision thereof for the <br />payment of principal and interest on the Note. <br />E. The Note Holder understands that the Note is payable solely from certain tax <br />increments, which are taxes received on improvements made to certain property (the <br />“Improvements”) in a tax increment financing district from the increased taxable value of the <br />property over its base value at the time that the tax increment financing district was created, <br />which base value is called “original net tax capacity”. There are risk factors in relying on tax <br />increments to be received, which include, but are not limited to, the following: <br />1. Value of Improvements. If the contemplated Improvements constructed in <br />the tax increment financing district are completed at a lesser level of value than originally <br />contemplated, they will generate fewer taxes and fewer tax increments than originally <br />contemplated. <br />2. Damage or Destruction. If the Improvements are damaged or destroyed <br />after completion, their value will be reduced, and taxes and tax increments will be <br />reduced. Repair, restoration or replacement of the Improvements may not occur, may <br />occur after only a substantial time delay, or may involve property with a lower value than <br />the Improvements, all of which would reduce taxes and tax increments. <br />3. Change in Use to Tax-Exempt. The Improvements could be acquired by a <br />party that devotes them to a use which causes the property to be exempt from real <br />property taxation. Taxes and tax increments would then cease. <br />4. Depreciation. The Improvements could decline in value due to changes in <br />the market for such property or due to the decline in the physical condition of the <br />property. Lower market valuation will lead to lower taxes and lower tax increments. <br />5. Non-payment of Taxes. If the property owner does not pay property taxes, <br />either in whole or in part, the lack of taxes received will cause a lack of tax increments. <br />The Minnesota system of collecting delinquent property taxes is a lengthy one that could <br />result in substantial delays in the receipt of taxes and tax increments, and there is no <br />assurance that the full amount of delinquent taxes would be collected. Amounts <br />distributed to taxing jurisdictions upon a sale following a tax forfeiture of the property are <br />not tax increments. <br />6. Reductions in Taxes Levied. If property taxes are reduced due to <br />decreased municipal levies, taxes and tax increments will be reduced. Reasons for such <br />reduction could include lower local expenditures or changes in state aids to <br />municipalities. For instance, in 2001 the Minnesota Legislature enacted an education <br />funding reform that involved the state increasing school aid in lieu of the local general <br />education levy (a component of school district tax levies). <br />Page 266 of 389
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