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84-142
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84-142
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8/15/2005 7:04:11 AM
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8/10/2005 11:38:43 AM
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<br />II Improvements and provide for a rent adjustment pursuant <br />to Section 3.4 of the Development Agreement, and the City, <br />Winfield, Venture I and Venture II feel it is desirable and <br />appropriate to treat the Minimum Improvements and Venture II <br />Improvements uniformly for purposes of calculation of an <br />Assessor's Minimum Market Value for the Development Property <br />and the improvements thereon, and that such treatment would <br />not be achieved by execution of a Supplemen tal Assessment <br />Agreement pertaining solely to Parcels Band C; <br /> <br />NOW, THEREFORE, in consideration of the mutual obliga- <br />tions of the parties hereto, each of them does hereby cove- <br />nants and agree as follows: <br /> <br />Section 1. Def ini tions. All terms defined in Section <br />1.1 of the Development Agreement and used herein shall have <br />the same meaning as in the Development Agreement, unless the <br />contract clearly indicates otherwise. <br /> <br />Section 2. Execution of Amended Assessmen t Ag reemen t . <br />The City and Winfield have executed and filed for record in <br />the offices of the County Recorder in Ramsey County, Minne- <br />sota, an assessment agreement consti tuting the "Or ig inal <br />Assessment Agreement," as that term is defined in the <br />Development Agreement, establishing an Assessor's Minimum <br />Market Value of $2,366,000 for the Development Property as <br />of January 2, 1986. As consideration for the covenants of <br />the Ci ty contained in this Agreement, Winf ield, Venture I <br />and Venture II agree that they will execute a new assessment <br />agreement (the "Amended Assessment Agreement") establishing <br />an Assessor's Minimum Market Value of $4,300,000 as of <br />January 2, 1985 for the Development Property, the Minimum <br />Improvements and the Venture II Improvements; allocable <br />between Parcels A, Band C as provided therein. The Amended <br />Assessment Agreement shall provide that the Amended Assess- <br />ment Agreement supercedes the Original Assessment Agreement, <br />and that the filing of the Amended Assessment Agreement for <br />record in the offices of the County Recorder of Ramsey <br />County shall render the Original Assessment Agreement in all <br />respects null, void and of no further effect. The Amended <br />Assessment Agreement shall be substantially the form <br />attached hereto as Exhibit A. The Amended Assessment Agree- <br />ment shall be certified by the Assessor for Ramsey County <br />and shall be filed for record in the office of the County <br />Recorder of Ramsey County, all as provided in Minnesota <br />Statutes, Section 273.76, Subd. 8. <br /> <br />The City and Winfield agree that the Amended Assessment <br />Agreement shall be deemed to be and constitute the "Assess- <br />ment Agreement If (as def ined in the Development Agreement) <br />for all purposes under the Development Agreement, except <br />that the Amended Development Agreement shall also be deemed <br /> <br />- 3 - <br />
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