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SEW RY:
11-13-35
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PROP REC & TAX;
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COUNTY OF ANOKA
DIVISION OF PROPERTY RECORDS AND TAXATION
RdlW1l'd M. 1",sJu., Div;,WIn M.""gor
GOVERNMENT CENTER. 2100.aRD AVENUE. ANOKA, MN 55303
November 9, 1995
Mr. Steve Bubul
Kennedy and Graves
Pillsbury Center
Minneapolis, MN
337-9228 FAX 337-9310
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Dcar Mr. Buhul:
This is the information you requested concerning the' Zaidan Property for taxes
payable 1995. IF the property had a murket value of $1,630,800 for 1995 taxes, Tax
Incremcnt District A3 would receive an estimate settlement of $81 ,267.60.
In thc June 1995 Tax Settlement, then'W:DiiiffiilfA3 actually was settled
$121, 319.81, which represents first half only settlement. The second half payment has
not been received as oftoday's date and penalty is now accruing.
Please give me call if I can be of assistance.
Sincerely, -4
~iCal~~
Michael A. Kinde
Property Tax
Accounting
323-5440
Affirmlltlve Action I EqUllI Opportunity Employer
KENNEDY & GRAVEN
CHARTERED
AUorne)'1 al Law
470 Pillsbury Cenler, Minneapolis, Minnesota 55402
(612) 337.9300
JAMES J. THOMSON, JR.
LARRY M. WERTHEIM
BoNNIE L. WILKINS
JOE Y. YANG
ROBERT A. ALSOP
RONALD H. BATTY
STEPIIEN J. 8UBUL
JOlIN B. DEAN
DANIEL J. GREENSWEIG
DAVID J. KENNEDY
CHARLES L. LEFEVERE
JOlIN M. LEFEVRE, JR.
ROBERT J. LINDALL
ROBERT C. LoNG
JAMES M. STROMMEN
CORRINE HEINE THOMSON
Facsimile (612) 337.9310
DA VlD L. GRA YEN (1929-1991)
WRITER'S DIRECT DIAL
OF COUNSEL
BRUCEM. BATTERSON
ROBERT C. CARLSON
ROBERT L. DA VJDSON
WEI,LlNGTON H. LAW
CURTIS A. PEARSON
T.JAVSALMEN
337-9228
VIA RAPIFAX AND MAIL
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November 22, 1995
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Tim Walsh
Leonard, O'Brien, Wilford,
800 Norwest Center
55 East Fifth Street
St. Paul, MN 55101
Spencer & Gale
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RE: Columbia Heights Office Center
Dear Tim:
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I am writing to clarify the amount due under the Promissory Note given by Zaidan
Holdings, Inc. to the Housing' and Redevelopment Authority in and for the City of
Columbia Heights (HRA), dated March 10, 1995. We are responding to the letter and
payment sent by Gordon Awsumb to the HRA dated October 16, 1995.
Under paragraph (c) of the Note, the total payment due on December 1, 1995 is
$100,000 ($79,958 principal plus $20,042 interest). If the Note is prepaid in full on
December 1, the total amount due is $250,522 (the sum of the principal payments
shown in paragraph (c) of the Note) plus interest at 8% from the date of the Note.
However, under paragraph (f) of the Note, Zaidan in entitled to a credit against any
amounts owing under paragraph (c) in the amount of "the total tax increment
attributable to the Property that is payable to the HRA in calendar year 1995 and
arising from an estimated market value of $4,800,000, less the tax increment that
would have been attributable to the Property payable in calendar year 1995 if the
assessor's market value had been $1,630,800 (the 'Credit Amount')." Only the
portion of the Credit Amount actually received by the HRA as of December 1, 1995
may be applied as a credit.
The Anoka County Division of Property Tax Records and Taxation reports that ~
increment paid to the HRA for the first half of 1995 was $121,319.81, based on a
market value of $4,800,000. (See enclosed letter dated November 9, 1995.) The tax
increment for all of 1995, when received, will be $242,639.62. The County also
calculates that if the market value had been $1,630,800 for 1995, the tax increment
would be $40,633.80 for the first half and $81,267,60 for the full year, Therefore,
the "Credit Amount" under the Note is $80,686.01 for the first half and $161,372.02
for the full year.
BJB97138
CL160-70
Tim Walsh
November 22, 1995
Page 2
As of today, the second half taxes have not been paid, so the Credit Amount actually
received by the HRA is $80,686.01. If Zaidan pays the delinquent 1995 taxes
promptly, the HRA will not receive the tax increment from such taxes until the end
of January, 1996 (as opposed to mid-December, 1995, had taxes been paid by
October 15). The HRA is willing to apply the second-half Credit Amount toward any
December 1, 1995 payment if: (1) the second-half 1995 taxes are paid in full together
with penalties and interest by November 30, 1995; and (2) Zaidan pays an additional
amount representing 30 days' interest on the second-half Credit Amount at 8 %
($534.36), to account for the delay in receipt of tax increment on the second-half
taxes.
Zaidan paid $26,822 to the HRA on October 16, 1995, as partial prepayment of the
Note, and expressed its intention to prepay the Note in full on or before December
1. To summarize the above discussion, our calculation of the pay-off amount on
December 1, 1995 is' as follows:
Principal Balance Due:
Plus interest from 3/10/95
Less 10/16/95 payment
Less full Credit Amount
Plus Credit Amount interest
$250,522.00
14,550.87
( 26,822.00)
(161,372.02)
534.36
$ 77,413.21
Total Payable:
As mentioned above, this calculation assumes that delinquent taxes, penalties and
interest are paid to Anoka County before December 1. Upon payment of the
referenced amount to the HRA on December 1, the Note will be deemed paid in full.
If Zaidan chooses not to prepay the Note in full, the December 1 payment of $100,000
will be deemed satisfied without further payment, based on the $26,822 payment on
October 16 and the $80,686.01 partial Credit Amount actually received by the HRA
as of December 1.
If Zaidan does not pay delinquent second half taxes by November 30, 1995, the HRA
will be entitled to provide notice of default under the Note and Mortgage. If the
default is not cured within 30 days thereafter, the Note will be payable in accordance
with paragraph (e) of the Note. In that event, no Credit Amount will apply, as
described in paragraph (f) of the Note.
Please contact me as soon as possible to confirm Zaidan's intentions regarding the
December 1 payment.
vermJ?lO
Stek{e~~:t\. B u'6'ul
cc: Don Schneider
Pat Hentges
SJB97138
CL160-70