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accordance with the provisions of Chapter 275, as amended, of Minnesota Statutes, and the class <br />rate applicable to the Exempt Property determined in accordance with the provisions of MiIn1. <br />Stat. §273.13, as amended. The computation of the tax due shall comply with the format <br />established in the May 8, 2006 Melnora2lduln from Springsted Incorporated to the City of <br />Woodbury a copy of which is annexed 1lereto as Exhibit "B". <br />Section 3.04. Market Value. Tl1e Developer and the City acknowledge that the Washington <br />County Assessor determines the market value of tax exempt properties in accordance with the <br />provisions of Minn. Stat. §272.18. For purposes of this Agreement, the market value of the <br />Exempt Property as of January 2, 2007 s11a11 be as determined by the Washington County <br />Assessol•. In the event the Washington County Assessor has not determined a new value for any <br />given year, the value for such year shall be the value determined by the Washington County <br />Assessor for the previous year plus average a2lnual property appreciation based on other <br />commercial/industrial property appreciation in the City of Woodbury. Thus, for example, if the <br />WaS11111gt021 County Assessor has determined the marlcet value of the Exempt Property as of <br />January 2, 2007, and if the Exempt Property is exempt from taxation for taxes payable in 2008 <br />and average property appreciation for 2008 is 5% ,the payment in lieu of taxes due in 2008 <br />shall be computed with refe2•el~ce to the Assessor Ja~luaiy 2, 2007 valuatio2l plus 5% <br />appreciation. If the assessor has 11ot updated the value for more than one year, appreciation for <br />each unadjusted year shall be added to the last value set. If the County Assessor continues to <br />value the property every sixth year, as is 11ow the practice, the new value determined by the <br />County Assessor will be determinative notwithstanding interim years of cumulative increases. <br />Section 3.05. Appeal of Valuation. The market value of the Exempt Property as determined by <br />the Washington County Assessor from time to time after the Exempt Property is granted <br />exemption may be appealed by either the Developer or the City as follows: within ninety (90) <br />days after receiving notice of the market value of the Exempt Property as determined by the <br />Washington County Assessor, either party may send notice to the other that it objects to such <br />determination and stating its opinion as to the true market value of the Exempt Property. If the <br />City and the Developer cannot within thirty (30) days after the date of said notice and after good <br />faith negotiations agree upon the lna2•ket value of the Exempt Property, then the market value <br />shall be established by appraisal, as follows: If the Developer and the City agree upon t11e <br />selection of an appraiser within twe2lty (20) days after the expiration of the thirty (30) day <br />negotiation period, such appraiser shall be appoi2lted to appraise the full and impartial appraisal <br />which s11a11 be binding on the parties. If the Developer and the City have been unable. to agree <br />upon the appoilltme2lt of a single appraiser within said twenty (20) days, then each party shall <br />within thi2•ty (30) days following the expiration of the time given for appointment of a single <br />appraiser designate an indepe11de11t appraiser who holds the designation "MAI' and has his or her <br />pl-illcipal place of business in Washington County, Minnesota. If the objecting party shall fail to <br />designate an appraiser and notify the other party of his/her identity within said thirty (30) days, <br />then the market value of the Exempt Property shall be as previously determined by the Assessor. <br />If the non-objecting party shall fail to designate an appraiser and notify the other party of his/her <br />identify within said thirty (30) days, then the market value of the Exempt Property shall be the <br />amount set out in the notice of objections. If both parties timely ~1ame an appraiser, then the two <br />appraisers so named shall designate a third similarly qualified appraiser within thirty (30) days of <br />the appointment of the last of the two appraisers named by the parties. If the two appraisers fail <br />