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a reduction in market value for property tax purposes; provided, however, that the <br />Developer shall not seek a reduction of the market value below the minimum <br />market value contained in Paragraph No. 1 of this Agreement during the term of <br />this Agreement, regardless of actual market values which may result from <br />incomplete construction of improvements, or destruction or diminution of the <br />improvements by any cause, insured or uninsured, except in the case of the <br />acquisition or reacquisition of the property by a public entity. <br />2. The minimum market value herein established shall be of no further <br />force and effect and this Agreement shall terminate on the earlier of the <br />following: (a) ; or (b) The date when the tax increment bonds <br />issued by the City and referred to in the Redevelopment Contract as the Bonds <br />have been paid in full and retired. <br />The event referred to in Sections 2(b) of this Agreement shall be evidenced by a <br />certificate or affidavit executed by the City. <br />3. This Agreement shall be promptly recorded by the Redeveloper with <br />a copy of Minnesota Statutes, Section 273.76, Subdivision 8, set forth in Exhibit B <br />hereto. The Redeveloper shall pay all costs of recording. Recording and filing of <br />this Assessment Agreement shall constitute notice of the Agreement to any <br />subsequent purchaser or encumbrancer of the land or any part thereof, whether <br />voluntary or involuntary, and shall be binding upon them. <br />4. Neither the preambles nor provisions of this Agreement are intended <br />to, nor shall they be construed as, modifying the terms of the Redevelopment <br />Contract between the City and the Redeveloper. <br />S. This Agreement shall inure to the benefit of and be binding upon the <br />successors and assigns of the parties. <br />6. Each of the parties has authority to enter into this Agreement and to <br />take all actions required of It, and has taken all actions necessary to authorize the <br />execution and delivery of this Agreement. <br />7. In the event any provision of this Agreement shall be hold invalid and <br />unenforceable by any court of competent jurisdiction, such holding shall not <br />invalidate or render unenforceable any other provision hereof. <br />8. The parties hereto agree that they will, from time to time, execute, <br />acknowledge and deliver, or cause to be executed, acknowledged and delivered, <br />such supplements, amendments and modifications hereto, and such further <br />instruments as may reasonably be required for correcting any Inadequate, or <br />incorrect, or amended description of the Redevelopment Property or the Minimum <br />Improvements, or for carrying out the expressed intention of this Agreement, <br />including, without limitation, any further instruments required to delete from the <br />description of the Redevelopment Property such part or parts as may be Included <br />within a separate assessment agreement. <br />9. Except as provided in Section 8 of this Agreement, this Agreement <br />may not be amended nor any of its terms modified except by a writing authorized <br />and executed by all parties hereto. <br />E-2 <br />