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<br /> - ------- - ------- <br /> . <br /> commissioner of revenue of the State to reduce the Market Value of all or any portion of the <br /> Redevelopment Properly; (F) an action in a DistricI Court of the State or the Tax Court of the <br /> State pursuant to Minnesnla ~tatutes Chapter 278, seeking a reduclion in the Market Value of <br /> the Redevelopment; (G) an application 10 the commissioner of revenue of the State requesting an <br /> abatement ofreaJproperty taxes pursuanl to Minnesota Statutes, Chapter 270; and (H) any other <br /> proceedings, whether administrative, legal or equitable, with any administrative body within the <br /> City, the County, or the State or with any court of the State or the federal government, The <br /> Redeveloper shall not, prior to the Termination Date, apply for a deferral of property tax on the <br /> Redevelopment Property pursuant 10 Minnesota Statutes. Section 469.181. -. <br /> Section 6,4, Use oCTax Increment. (a) The Redevelopment Property is located in the Tax <br /> Increment District. Excepl as provided in subsection (b) of this Section, the Authority shall be <br /> free to use any tax increment received from the Tax Increment District for any putpose for which <br /> such increment may lawfully be used pursuant to the provisions of the Act and the Tax Increment <br /> Act, and the Authority shall have no obligations to the Redeveloper with respect to the use of <br /> such increment, except as expressly set forth herein, <br /> (b) In the event thaI the value actually given for real property tax PllIposes to the <br /> Prior Improvements and Amberlack Property is higher in any year than the minimum market <br /> value established for such property in the Assessment Agreement relating to such property, the . <br /> additional Tax Increment generated in such year as a result of such higher value shall be used by <br /> the Authority in accordance with this subsection. Such additional Tax Increment shall be used to <br /> pay the following costs in the following order: <br /> (i) First, the Authority shall reserve the additional Tax Increment to be used to pay <br /> any amount of the cost of the 14th Street Improvements or the Highway 96 Improvements for <br /> which the Authority has insufficient proceeds oflhe Bonds to do so. The Authority shall have no <br /> obligation to use such additional Tax Increment for any other pllIpose unli! the Authority has <br /> determined the amount of all costs of the 14th Streel Improvements or the Highway 96 <br /> Improvemen15, <br /> (ii) Second, the Authority shall 'reserve the additional Tax Increment to be used to pay <br /> any amount of the cost of the West Round Lake Road Improvements that is not assessed against <br /> properties benefited by such improvemenls. <br /> (ill) Third, to reimburse Amberlack and the Redeveloper for its payment of special <br /> assessments for the West Round Lake Road Improvements in the order and as described in <br /> Section 3.6 of this Agreement. <br /> (iv) Fourth, the Authority shall use such additional Tax Increment to reimburse the <br /> Redeveloper for its payment of any installment of the Assessments. Such reimbursement shall <br /> only be made at such time as the Authority has determined that no costs described in (i) or (ii) <br /> remain to be paid. The Authority shall only be obligated to reserve the additional Tax Increment . <br /> generated in years that Assessments are outstanding on the Redevelopment Property. At such <br /> time as there are no Assessments outstanding with respect to the Redevelopment Property, the <br /> 23 <br /> 81O'd GN'l1.. I..GG 10,9 '~'d '3~t3a ~ A3la~~a ,,,,s, I..GG,-G,-d3S <br /> -------.------.- <br />