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EXECUTION COPY
AMENDED AND RESTATED ASSESSMENT AGREEMENT
(Columbia Heights Office Center)
THIS AGREEMENT, made on or as of the 23rd day of November, 1994 by and
between HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF
COLUMBIA HEIGHTS, MINNESOTA, a public body corporate and politic under the
laws of Minnesota (the "Authority") and Zaidan Holdings, Inc., a Canadian
corporation (the "Redeveloper"):
RECITALS
A. The Authority is administering a redevelopment project (the "Project")
pursuant to Minnesota Statutes, Chapter 469.
B. The Authority and Terry Evenson (the "Prior Redeveloper") entered
into a Contract for Private Redevelopment (Office Facility) dated as of June 1, 1981
(the "Redevelopment Contract") regarding the redevelopment of certain property
located in the Project and legally described in Exhibit A hereto (the "Property").
C. Pursuant to the Redevelopment Contract the Authority and the Prior
Redeveloper entered into an Assessment Agreement dated September 27, 1984 (the
"Original Assessment Agreement"), under which the parties thereto established a
minimum market value of $4,800,000 for the Property and the improvements
constructed thereon, pursuant to Minnesota Statutes, Section 273.76, Subdivision
8 (now codified at Minnesota Statutes, Section 469.177, Subdivision 8).
D. The Redeveloper is the successor in interest to the Prior Redeveloper,
and is subject to all terms of the Redevelopment Contract and the Original
Assessment Agreement.
E. The Authority and the Redeveloper have determined that it is necessary
and in the public interest to amend the Original Assessment Agreement as further
provided herein, in accordance with Minnesota Statutes, Section 469.177, Subd. 8.
F. The parties have reviewed the Property and improvements thereon and
the Assessor's Certification attached hereto.
G. This Agreement has been approved by the City Council of the City of
Columbia Heights, the Anoka County Board of Commissioners and the school board
of Independent School District No. 13, all in accordance with Minnesota Statutes,
Section 469.177, Subd. 8.
NOW, THEREFORE, the parties to this Agreement, in consideration of the
promises, covenants and agreements made by each to the other, do hereby agree as
follows:
1. The minimum market value which shall be assessed for the Property
described in Exhibit A, together with the improvements thereon, for ad valorem tax
purposes, shall be $1,630,800 as of January 2, 1995.
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2. The minimum market value herein established shall be of no further
force and effect and this Agreement shall terminate on the earlier of the following:
(a) the date of receipt by the Authority of the last tax increments from the
tax increment financing district In which the Property Is located; or
(b) the date on which the last bonds Issued pursuant to Minnesota Statutes
Section 469.178 or any predecessor statute to assist redevelopment of th~
Property (including and bonds issued to refund such bonds), are paid,
defeased, or redeemed according to their terms.
The event referred to In Sections 2(b) of this Agreement shall be evidenced
by a certificate or affidavit executed by the Authority furnished forthwith upon
occurrence of such event.
3. This Agreement shall be promptly recorded in the Office of the County
Recorder, Anoka County by the Redeveloper. The Redeveloper shall pay all costs
of recording.
4. Neither the preambles nor provisions of this Agreement are intended to,
nor shall they be construed as, modifying the terms of the Redevelopment Agreement
between the Authority and the Redeveloper.
5. This Agreement shall inure to the benefit of and be binding upon the
successors and assigns of the parties. This Agreement supersedes the Original
Assessment Agreement in all respects.
6. In the event any provision of this Agreement shall be held Invalid and
unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof.
7. This Agreement may not be amended nor any of its terms modified except
by a writing authorized and executed by the parties hereto.
8. This Agreement may be simultaneously executed In several
counterparts, each of which shall be an original and all of which shall constitute but
one and the same instrument.
9. This Agreement shall be governed by and construed In accordance with
the laws of the State of Minnesota.
10. Nothing herein shall limit the discretion of the Assessor to assign a
market value to the Property and improvements thereon in excess of the minimum
market value specified herein nor prohibit the Redeveloper from seeking through the
exercise of local or administrative remedies a reduction in such market value for
property tax purposes, provided however, that the Redeveloper shall not seek a
reduction of such market value below such minimum market value in any year so long
as this Agreement shall remain In effect.
11. The Redeveloper agrees and understands that it Is Redeveloper's
responsibility to obtain the certification of the Assessor attached hereto, record this
Agreement, and obtain any reduction In market value from the Original Assessment
Agreement to the extent permitted under this Agreement. The Redeveloper releases
and agrees to Indemnify, defend and hold harmless the Authority from any claim,
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demand, suit, action or other proceeding relating to the validity or enforceability
of this modification of the Original Assessment Agreement, including without
limitation any failure by Redeveloper for any reason to obtain a reduction in market
value of the Property below that specified in the Original Assessment Agreement.
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF COLUMBIA HEIGHTS
By: )Ji /JU~1jj/J1 91.
Its hair t/
ByiJ)l2RK~/d~~.~~
Its Executive Director
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this 7.;!:iL day of ~A/ ,1994, before me, a notary public yv-ithin
and for Anoka County, personally appeared /),,;j, '1?twU.and ~ ~J.,4"",,,,~,,,the
Chair and Executive Director, respectively, of the 0 sing and Re evelopment
Authority in and for the City of Columbia Heights, Minnesota (the "Authority")
named in the foregoing instrument and acknowledged said instrument on behalf of
the Authority.
QREBECCA S. TOWNSLEY
~ ". NOTARY PUBUC.MINNESOTA
~.. ....: ANOKA COUNTY
_ . .' MV Co,!,,~, Exp. J~~uary 31. 2000
RP-b.U:M A, --rtJ-Vo-nA QPl
Notary Public
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ST A TE OF V/Ji; ,^\^Q5,;) -k.
COUNTY OF 12-""^"-'>JL..(
,
)
) ss.
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On this ~ day of ,N~~\'-'-c, 1994, before me, a notary public within
and for IZ-~Y'---f County, personally appeared :::Jc,ry k ~; O""~ ,
the 1',,,v;..~-r- I of Zaidan Holdings, Inc., a Canadian corporation, and
acknowledged the foregoing instrument on ehalf of the corporation.
TIMOTHY M. WALSH J"
NOTARY PUBlIC--I""NES
RA '.' OTA
.. M MSEY COUi ,TY
y Camm. Expires Sept. 13. 1996
"
This document was drafted by:
HOLMES & GRAVEN, Chartered
470 Pillsbury Center
Minneapolis, Minnesota 55402
Telephone: 337-9300
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CERTIFICATION BY COUNTY ASSESSOR
The undersigned Assessor, being legally responsible for the assessment of the above
described property, hereby certifies that the values ~l'!igu.ed to the land and
improvements are reasonable. ____-~-~ . -;>
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STATE OF MINNESOTA )
) ss
COUNTY OF ANOKA )
d
The foregoing instrument was acknowledged before me thiS~?4" day of
i\o'iQxnlwA , 1994 by 'Cd WC,Vd. L .1\'\Ll(".\c-nthe County Assessor of the County of
Anoka.
XI. X
I @ JOANN C. SUTTON ~
.;1,:", NOTARYPUBUC'MINNESOTA
~ ANOKA COUNTY .
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N1ta y Public
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EXHIBIT A of ASSESSMENT AGREEMENT
Legal Description of Property
Lot 32, Block a, ReselVolr Hills.
Lots 25 through 26, Block I, Walton's rearrangement at Lots 33 and 34, Block 6, ReselVoir
Hills.
The vacated alley adjacent to Lots 25 through 26, Block 1, Walton's Rearrangement at Lots 33
and 34. Block a, ReselVoir Hills.
Those parts at Lots 26 through 31, Block 6, ReselVoir Hills, Lots 23 and' 24, Block I, Walton's
Rearrangement at Lots 33 and 34, Block 6, ReselVolr Hills, and of the vacated alley adjacent to
Lot 24, Block 1, Walton's Rearrangement at Lot 33 and 34, Block 6, ReselVoir Hills. lying
Southwesterly and Westerly at the following described line: Beginning at a point on the South
line at said Block I, Walton's Rearrangement, said point being 16,00 feet West at the Southeast
corner of Lot 23. at said Block I, Walton's Rearrangement; thence Northerly on a line 16.00
feet West at and parallel with said East line at Lot 23, a distance of 67.00 teet: thence on a
straight line to a point on the North line at Lot 30 of said Block 6, ReselVoir Hills, said point
being 47,23 teet Easterly at the Northwest corner at said Lot 30 and there terminating, all in
Anoka County.
ReselVlng and subject to easements to the City of Columbia Heights tor roadway purposes over
the North 4.00 teet of the West 232.00 teet of said Block 6, ReselVoir hills, and over the area
described as follows: Beginning at the Northwest corner at Lot 30, Block 6, ReseNoir Hills:
thence East along the North lot line at said Lot 30 a distance at 12.0 teet: thence Southerly
and parallel to the West line ot said Block 6 a distance at 130.00 teet: thence Southwesterly In
a straight line to a point 225.0 teet trom said Northwest corner at Lot 30 along the West line
of Block 6, ReselVolr Hills and Block 1, Walton's Rearrangement at Lots 33 and 34, Block a,
ReselVoir Hills: thence North 225.0 feet to the point at beginning.
ReselVlng to the City of Columbia Heights a utility easement over, under and across the East
15.00 feet at the West 27.00 feet at the abovEK1escribed parcel.
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