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ARTICLE VI <br />Tax �neremen#; Taxes <br />Section 6. ]. Right ta Collect Delinquent Taxes. The Deve�oper acknowledges that the City is <br />providing substantia3 aid and assistance in furtherance oi the redeveIopment thraugh issuance of the Note. <br />The Developer undersiands that the Tax Increments pledged to payrr�ent on the Note are derived from real <br />estate taxes on tl�e Minimum Irnprovernents, which taxes m�st be promptly and timely paid. To t�at end, <br />the Developer agrees for itself, its successars and assigns, in addition to the obligation pursuant to statute <br />ta pay rea] estate taxes, that it is alsa o�ligated by reason of this Agreement, through the Maturity Date, to <br />pay befare delinquency all real estate taxes assessed against the DeveIopment Properly and t�e Minimurn <br />Irr�provements. The Develaper acknowledges t33at t�is obligation creates a co�tractual right on behalf of <br />the City to sue tl�e Developer or its successors and assigns to collect delinque�t real estate taxes and any <br />penalty or interest thereon and to pay over the same as a tax payment to the county a�zditar_ In any such <br />sui#, the City shall also be entitled to recover its costs, expenses and reasonable attorney fees. Nothing in <br />this paragraph shall prevent Developer from eantesting the ama�nt of real estate taxes (whether because <br />of valuation, classificatio�, or otl�erwise} in accorda�ce with Minnesota ]aw. <br />Sectio« 62. Reduction of Taxes. (a) Developer agrees that through the Maturity Date it will not <br />cause a reduction in the real property taxes paid in respect of the De�etopment Property through: (A) <br />willfui destruction af the Development Praperty ar ar�y part thereof; {B) willful refusal to reconstruct <br />damaged or destroyed property from i�surance proceeds availab}e to Developer for such purposes; {C} <br />apply for a deferral of property tax on the Deveiopment Property pursuant to any law; or (D) convey or <br />transfer or aliow conveyance or transfer of thE Deveiopment Property to any entity that is exempt from <br />payrrtent of real prope�ty taxes uncler Sfiate law (other than any portion thereof dedicated or conveyed to <br />the City in accordance with the plat of the Development Property). <br />(b) T��e Developer may use any adrtzxnistrati�e or legal process provided under State Iaw to <br />seek reduction af market value of the Developrnent Property and Minimum Ir�pro�ernents therean for ad <br />�alorem tax purposes, provided that {i) prompt�y upon fiIing any petition or claim with any Tax Official, <br />the Developer shali provicEe written notice of such action to the City; and (ii} if Developer fles sueh a <br />petition or claim, the City will withhold payment of any Available TaY Incre�nent (without interest) that is <br />ariributable to tax-payable year that is the subject of the petition or claim� until the petition or claim is <br />fu]Iy resolved such #hat tl�e County has fir�ally determined the amount of properiy taxes payable with <br />respect to the De�elaprt�ent Property for that year. <br />(The re�nainder of this page is in#entionally left blarak.} <br />19 <br />