5.2. SR 02-19-2008 - Laserfiche WebLink

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(1) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the City. necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer. (2} Any proposed transferee, by instrument in writing satisfactory to the City shall; for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Developer under this Agreement and agreed to be subject to all the conditions and restrictions to which the Developer is subject. (3) There shall be submitted to the Cih~ for review and prior wz-itten approval all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Project. Section 3.7 Real Propertv Taxes. The Developer shall, so lone as this Agreement remains in effect, pay all real property taxes with respect to all parts of the Tax Abatement Property owned by it which are payable pursuant to any statutory or contractual duty that shall accrue until title to the property is vested in another person. The Developer agrees that for tax assessments so long as this Agreement remains in effect: (a) It will not seek administrative review or judicial review of the applicability of any tax statute relating to the ad valorem property taxation of real property contained on the Tax Abatement Property determined by any tax official to be applicable to the Project or the Developer or raise the inapplicability of any such tax statute as a defense in any proceedings with respect to the Tax Abatement Property, including delinquent tax proceedings: provided, however, "tax statute" does not include any local ordinance or resolution le~rying a tax; (b) It r~rill not seek administrative review or judicial review of the constitutionalit}- of any tax statute relating to the taxation of real property contained on the Tax Abatement Property determined by any tax official to be applicable to the Project or the Developer or raise the unconstitutionality of any such tax statute as a defense in any proceedings; including delinquent tax proceedings with respect to the Tax Abatement Property; provided, however, "tax statute" does not include any local ordinance or resolution le~rying a tax; (c) It will not seek any tax deferral or abatement, either presently or prospectively authorized under Minnesota Statutes, Section 469.181. or any other State or federal law, of the ad valorem property taxation of the Tax Abatement Property so long as this Agreement remains in effect. Section 3.8 Business Subsidies Act. {1) In order to satisfy the provisions of Minnesota Statutes; Sections 116J.993 to 116.T.99~ (the "Business Subsidies Act''), the Developer acknowledges and agrees that the amount of the "Business Subsidy" granted to the Developer under this Agreement is the value of a portion of the Tax Abatement Property, which is approximately $84,199, and that the Business Subsidy is needed because the Project is not sufficiently feasible for the Developer to 20~»33v4 5