04-58 - 07-06 - Establish a TIF for North Wirth District Resolution 04-58 July 6, 2004
Member Tremere introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING TAX INCREMENT FINANCING
(SOILS CONDITION) NORTH WIRTH DISTRICT NO. 3 AND
ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR
BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, (the
"City") as follows:
Section 1. Recitals.
1.01. It has been proposed that the City Council (the "Council") establish Tax
Increment Financing (Soils Condition) North Wirth District No. 3 (the "District") and adopt a
Tax Increment Financing Plan (the "TIF Plan"); all pursuant to and in conformity with
applicable law, including Minnesota Statutes, Sections 469.174 to 469.1799, all inclusive,
as amended (the "Act"), as reflected in the TIF Plan, and presented for the Council's
consideration. The TIF Plan is the proposed method for financing the Redevelopment
Project.
1.02. The City has investigated the facts relating to the TIF Plan and has caused
the TIF Plan to be prepared. Members of the Board of County Commissioners of Hennepin
County (the "County") and of the Board of Education of Independent School District No.
270 (the "School District") have been given an opportunity to meet with the City and
comment on the TIF Plan. Pursuant to Minnesota Statutes, Section 469.175, Subdivision 3,
this Council on July 6, 2004, conducted a public hearing on the desirability of approving the
TIF Plan. Notice of the public hearing was duly published as required by law in the New
Hope/Golden Valley SUNPOST, the official newspaper of the City, on June 24, 2004. The
City has provided the County and the School District boards with information on the fiscal
and economic implications of the TIF Plan not less than 30 days before the date of the
public hearing, the City has received written comments on the TIF Plan from Hennepin
County and has not received comments from District 270.
1.03. Certain written reports (the "Reports") relating to the TIF Plan and to the
activities contemplated therein, including a development action response plan (the
"Development Action Response Plan"), have heretofore been prepared by City staff and
independent consultants and submitted to the Council and/or made a part of the City files
and proceedings on the TIF Plan. The Reports include data, information and/or
substantiation constituting or relating to the basis for the other findings and determinations
made in this resolution. The Council hereby confirms that the Reports documenting these
findings and determinations are on file with the City Clerk.
Section 2. Findings for the Adoption and Approval of the TIF Plan and
Establishment of Tax Increment Financing (Soils Condition) North Wirth District No. 3.
On the basis of the TIF Plan, the Reports and the information elicited at the public hearing
referred to in Section 1.02, it is hereby found, determined and declared:
Resolution 04-58 - Continued July 6, 2004
2.01. The TIF Plan provides the means to finance certain public redevelopment
costs of the Redevelopment Project (as defined in the TIF Plan). The TIF Plan contains a
statement of objectives for the Redevelopment Project, a redevelopment plan overview,
and a description of property in the District and property to be acquired. The TIF Plan also
estimates the public redevelopment costs of the Redevelopment Project, the amount of
bonded indebtedness to be incurred, the sources of revenues to finance or otherwise pay
public redevelopment costs of the District, the most recent net tax capacity of taxable real
property within the District, the captured net tax capacity of the District at completion and
the duration of the District. The TIF Plan also describes and identifies the redevelopment
activities to be undertaken or expected to be undertaken in the District. The TIF Plan further
contains alternative estimates of the impact of the proposed tax increment financing on the
net tax capacities of all taxing jurisdictions in which the District is located. All the captured
tax capacity is necessary to accomplish the objectives of the Redevelopment Project and
the District.
2.02. This Council hereby finds that the District consists of one parcel of land, and
is a proper tax increment financing district within the meaning of Section 469.174,
Subdivision 9. This Council further finds, based on the information in the TIF Plan and the
Development Action Response Plan, that the District consists of a project or portions of a
project for which the following conditions exist: (1) the presence of hazardous substances,
pollution, or contaminants, specifically petroleum contamination, which require removal or
remedial action for use, and such removal and remedial action is specified in the
development action response plan, and (2) the estimated costs of the proposed remedial
action exceeds the fair market value of the land before completion of the preparation and,
furthermore, estimated removal and remedial costs exceed $2 per square foot. The City
finds that the foregoing conditions exist in the District as a whole. The proposed removal or
remediation action has been specified in the Development Action Response Plan, which
has been submitted to, and approved in writing by, the Minnesota Pollution Control Agency.
Therefore, the District qualifies as a "soils condition district" within the meaning of
Minnesota Statutes, Section 469.174, Subdivision 19.
2.03. This Council hereby finds that the private redevelopment encouraged in the
Redevelopment Project pursuant to the TIF Plan would not, in the opinion of this Council,
occur solely through private investment within the reasonably foreseeable future and the
increased market value of the site that could reasonably be expected to occur without the
use of tax increment financing would be less than the increase in the market value
estimated to result from the proposed redevelopment after subtracting the present value of
the projected tax increments for the maximum duration of the District permitted by the TIF
Plan. Therefore, the use of tax increment financing is deemed necessary. The studies and
analyses supporting this finding are identified in the TIF Plan.
2.04. This Council hereby finds that the TIF Plan conforms to the general plan for
the development of the City as a whole. The redevelopment is compatible with the City's
zoning ordinances and other related regulations and encourages efficient use of existing
infrastructure as set forth in the City's Land Use Plan.
Resolution 04-58 - Continued July 6, 2004
2.05. This Council hereby finds that the TIF Plan will afford maximum opportunity,
consistent with the sound needs of the City as a whole, for the redevelopment of the District
by private enterprise. The redevelopment activities contemplated in the TIF Plan will help to
provide an impetus for private redevelopment activities in the public interest, clean up
contaminated land, increase employment opportunities, and the enhance the tax base of
the City and overlapping taxing jurisdictions.
2.06. Upon review of the TIF Plan, the information elicited at the public hearing and
on the basis of the findings in Sections 2.01 through 2.05, this Council hereby approves the
TIF Plan (attached hereto as Exhibit A) and the establishment of the District as a tax
increment financing district in the City, to be designated "Tax Increment Financing (Soils
Condition) North Wirth District No. 3."
Section 3. Public Purpose. The adoption of the TIF Plan conforms in all respects
to the requirements of the Act and will help to provide an impetus for private redevelopment
activities in the public interest, clean up contaminated land, increase employment
opportunities, and the enhance the tax base of the City and overlapping taxing jurisdictions
and thereby serves a public purpose.
Section 4. Authorizations.
4.01. The staff of the City, the City's consultants and legal counsel are authorized
and directed to proceed with the implementation of the TIF Plan and to negotiate, draft,
prepare and present to this Council for its consideration all further plans, resolutions,
documents and contracts necessary for this purpose.
4.02. The Auditor of Hennepin County is requested to certify the original net tax
capacity of the District, as described in the TIF Plan, and to certify in each year thereafter
the amount by which the original net tax capacity has increased or decreased; and the City
is authorized and directed to forthwith transmit this request to the County Auditor in such
form and content as the Auditor may specify, together with a list of all properties within the
District, for which building permits have been issued during the 18 months immediately
preceding the adoption of this resolution.
4.03. The City Manager is further authorized and directed to file a copy of the TIF
Plan with the Commissioner of the Minnesota Department of Revenue pursuant to
Minnesota Statutes 469.175, Subdivision 4a.
Linda R. Loomis, Mayor
Resolution 04-58 - Continued July 6, 2004
ATTEST:
Donald G. Taylo Clerk
The motion for the adoption of the foregoing resolution was seconded by Member Grayson
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Grayson, Loomis, Shaffer and Tremere; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Resolution 04-58 - Continued July 6, 2004
City of Golden Valley, Minnesota
Golden Valley Housing & Redevelopment Authority
Tax Increment Financing Plan
for
Tax Increment Financing (Soils Condition)
North Wirth District No. 3
(North Wirth Project)
Dated: June 29, 2004
Prepared by:
SPRINGSTED INCORPORATED
85 E. Seventh Place, Suite 100
St. Paul, MN 55101-2887
(651) 223-3000
Resolution 04-58 - Continued July 6, 2004
TABLE OF CONTENTS
Section Page(s)
A. Definitions.............................................................................................................................1
B. Statutory Authorization .........................................................................................................1
C. Statement of Need and Public Purpose................................................................................1
D. Statement of Objectives........................................................................................................1
E. Designation of Tax Increment Financing District as a Soils Condition District......................1
F. Duration of the TIF District and the Three Year Rule............................................................2
G. Property to be Included in the TIF District.............................................................................3
H. Property to be Acquired in the TIF District............................................................................3
I. Specific Development Expected to Occur Within the TIF District..........................................3
J. Findings and Need for Tax Increment Financing..................................................................4
K. Estimated Public Costs.........................................................................................................5
L. Estimated Sources of Revenue............................................................................................5
M. Estimated Amount of Bonded Indebtedness ........................................................................5
N. Original Net Tax Capacity.....................................................................................................6
O. Original Tax Capacity Rate...................................................................................................6
P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment ....................6
Q. Use of Tax Increment ...........................................................................................................7
R. Excess Tax Increment ..........................................................................................................8
S. Tax Increment Pooling and the Five Year Rule ....................................................................8
T. Limitation on Administrative Expenses .................................................................................9
U. Limitation on Property Not Subject to Improvements - Four Year Rule.................................9
V. Estimated Impact on Other Taxing Jurisdictions.................................................................10
W. Prior Planned Improvements ..............................................................................................10
X. Development Agreements..................................................................................................10
Y. Assessment Agreements....................................................................................................10
Z. Modifications of the Tax Increment Financing Plan ............................................................11
AA.Administration of the Tax Increment Financing Plan...........................................................11
AB.Financial Reporting and Disclosure Requirements.............................................................12
Map of the Tax Increment Financing District......................................................... EXHIBIT I
Assumptions Report............................................................................................. EXHIBIT II
Projected Tax Increment Report.......................................................................... EXHIBIT III
Estimated Impact on Other Taxing Jurisdictions Report......................................EXHIBIT IV
Projected Pay-As-You-Go Note Report................................................................EXHIBIT V
Market Value Analysis Report..............................................................................EXHIBIT VI
Resolution 04-58 - Continued July 6, 2004
City of Golden Valley, Minnesota
Section A Definitions
The terms defined in this section have the meanings given herein, unless the context in which
they are used indicates a different meaning:
"Authority" means the Golden Valley Housing and Redevelopment Authority.
"City„ means the City of Golden Valley, Minnesota; also referred to as a "Municipality".
"City Council" means the City Council of the City; also referred to as the "Governing Body".
"County" means Hennepin County, Minnesota.
"Redevelopment Project" means The North Wirth Parkway Redevelopment Plan in the City,
which is described in the corresponding Redevelopment Plan.
"Redevelopment Plan" means the Redevelopment Plan for the Redevelopment Project.
"Project Area" means the geographic area of the Redevelopment Project.
"School District" means Independent School District No. 270, Minnesota.
"State" means the State of Minnesota.
"TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive.
"TIF District" means Tax Increment Financing (Soils Condition) North Wirth District No. 3.
"TIF Plan" means the tax increment financing plan for the TIF District (this document).
Section B Statutory Authorization
See Evolution of North Wirth Planning, page 1 of the Redevelopment Plan for the
Redevelopment Project.
Section C Statement of Need and Public Purpose
See Findings in Support of Redevelopment, page 5 of the Redevelopment Plan for the
Redevelopment Project.
Section D Statement of Objectives
See Redevelopment Goals and Objectives, page 6 of the Redevelopment Plan for the
Redevelopment Project.
Section E Designation of Tax Increment Financing District as a
Soils Condition District
A soils condition district is a type of tax increment financing district consisting of a project, or
portions of a project, in which the Authority finds by resolution that the following conditions
exist:
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Resolution 04-58 - Continued July 6, 2004
City of Golden Valley, Minnesota
(1) there exists the presence of hazardous substances, pollution or contaminants which
require removal or remedial action for use, and such removal and remedial action is
specified in a development action response plan;
See Section 3.3 of the Addendum to Corrective Action Design, a study submitted to
the MPCA dated December 1993.
(2) the estimated cost of the proposed removal and remedial action exceeds the fair
market value of the land before completion of the preparation;
The requirement specified in (2) above may also be satisfied if each parcel of property in the
district either meets the requirements of (2) above or has estimated removal and remedial
costs which exceed $2 per square foot.
Remedial action is estimated at a cost of $1,000,000 or $4.76 per square foot.
Current footage of the site is 210,060 X $2.00 per square foot = $420,120, which is
significantly less than the estimated cost of remedial action.
(3) the proposed removal or remediation action must be specified in a development action
response plan to satisfy the requirements specified in (1) above.
A development action response plan is a plan or proposal for removal actions or
remedial actions submitted to the pollution control agency and the actions
recommended in the plan or proposal are approved in writing by the commissioner
of the agency as reasonable and necessary to protect the public health, welfare,
and environment. The commissioner shall review the development action response
plan and approve, modify, or reject the recommended actions within 30 days after
submission of the plan (or revised plan) by the authority. The commissioner shall
notify the authority in writing of the decision on the recommended actions within 30
days after the decision and, if the recommended actions are rejected, shall specify
the reasons for rejection.
Tax increments derived from a soils condition district may only be used to:
(1) acquire parcels on which improvements described in (2) below will occur;
(2) pay for the cost of removal or remedial action; and
(3) pay for the administrative expenses of the authority allocable to the district, including
the cost of preparation of the development action response plan.
Section F Duration of the TIF District and the Three Year Rule
Soils Condition districts may remain in existence 20 years from the date of receipt of the first
tax increment.
The Authority reserves the right to allow the TIF District to remain in existence the maximum
duration allowed by law (projected to be through the year 2026), but anticipates that the TIF
District will be decertified prior to that time (see Section P). All tax increments from taxes
payable in the year the TIF District is decertified shall be paid to the Authority.
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Resolution 04-58 - Continued July 6, 2004
City of Golden Valley, Minnesota
In addition, no tax increments shall be paid to the Authority from the TIF District after three
years from the date of certification unless within that time period:
(1) bonds have been issued in aid of the Project Area (except revenue bonds
issued pursuant to M.S. Sections 469.152 to 469.165);
(2) the Authority has acquired property within the TIF District; or
(3) the Authority has constructed public improvements within the TIF District.
Section G Property to be Included in the TIF District
The TIF District is an approximately 4.3 acre area of land located within the Project Area. A
map showing the location of the TIF District is shown in Exhibit I. The boundaries and area
encompassed by the TIF District are described below:
Parcel ID Number Legal Description
19-029-24-13-0027 Lot 1, Block 1, North Wirth Parkway 5`h Addition
The area encompassed by the TIF District shall also include all street or utility right-of-ways
located upon or adjacent to the property described above.
Section H Property to be Acquired in the TIF District
The Authority currently owns all of the property located within the TIF District.
Section I Specific Development Expected to Occur Within the TIF District
The development will consist of four office buildings, for a total of approximately 24,000 square
feet. The expected start date of construction will be September of 2004, and completion dates
shown as follows:
Cumulative
Date Sq. ft. completed Taxes payable
January 1, 2006 12,000 sq. ft. 2007
January 1, 2012 24,000 sq. ft. 2013
The final building is expected to be fully constructed in 2011 and be 100% assessed and on
the tax rolls as of January 2, 2012 for taxes payable in 2013.
At the time this document was prepared there were no signed construction contracts with
regard to the above described development.
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City of Golden Valley, Minnesota
Section J Findings and Need for Tax Increment Financing
In establishing the TIF District, the City makes the following findings:
(1) The TIF District qualifies as a soils condition district;
See Section E of this document for the reasons and facts supporting this
finding.
(2) The proposed development, in the opinion of the Authority, would not
reasonably be expected to occur solely through private investment within the
reasonably foreseeable future, and the increased market value of the site that
could reasonably be expected to occur without the use of tax increment would
be less than the increase in market value estimated to result from the proposed
development after subtracting the present value of the projected tax increments
for the maximum duration of the TIF District permitted by the TIF Plan;
The proposed development site currently contains contaminated soils, and
requires remedial actions before development can occur. The Authority has no
reason to expect that significant development would occur without assistance
similar to that provided in this plan. Therefore, the Authority concludes as
follows:
a. The Authority's estimate of the amount by which the market value of the
site will increase without the use of tax increment financing is $0, except
for a small amount attributable to appreciation in land value.
b. If all development which is proposed to be assisted with tax increment
were to occur in the District, the total increase in market value would be
approximately$3,240,000.
c. The present value of tax increments from the District for the maximum
duration of the district permitted by the TIF Plan is estimated to be
$383,029 (See Exhibit VI).
d. Even if some development other than the proposed development were to
occur, the Authority finds that no alternative would occur that would
produce a market value increase greater than $2,856,971 (the amount in
clause b less the amount in clause c)without tax increment assistance.
(3) The TIF Plan conforms to the general plan for development or redevelopment of
the City as a whole; and
The reasons and facts supporting this finding are that the TIF District is
properly zoned, and the TIF Plan has been approved by the City
Planning Commission and will generally compliment and serve to
implement policies adopted in the City's comprehensive plan.
(4) The TIF Plan will afford maximum opportunity, consistent with the sound needs
of the City as a whole, for the development of the Project Area by private
enterprise.
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Resolution 04-58 - Continued July 6, 2004
City of Golden Valley, Minnesota
The reasons and facts supporting this finding are that remedial actions
are necessary so that development and redevelopment by private
enterprise can occur within the Project Area.
(5) The Authority elects the method of tax increment computation set forth in
Minnesota Statutes, Section 469.177, Subdivision 3(b) (see method (b) in
Section P)for all commercial/industrial property.
Section K Estimated Public Costs
The estimated public costs of the TIF District are listed below. Such costs are eligible for
reimbursement from tax increments of the TIF District.
Site Improvements/Preparation Expenses $ 1,000,000
Loan Interest Payments 395,000
Capitalized Interest 100,000
Total $1,495,000
The Authority reserves the right to administratively adjust the amount of any of the items listed
above or to incorporate additional eligible items, so long as the total estimated public cost is
not increased. In the case of the capitalized interest line item, it requires notice, discussion, a
public hearing and findings as set forth under Minnesota Statues, Section 469.175,
Subdivision 4 paragraph (a).
Section L Estimated Sources of Revenue
Tax Increment Revenue $ 920,000
Sale Proceeds 575,000
Total $1,495,000
The Authority anticipates providing financial assistance to the proposed development through
the use of a pay-as-you-go technique. As tax increments are collected from the TIF District in
future years, a portion of these taxes will be distributed to the developer/owner as
reimbursement for public costs incurred (see Section K).
The Authority reserves the right to finance any or all public costs of the TIF District using pay-
as-you-go assistance, internal funding, general obligation or revenue debt, or any other
financing mechanism authorized by law. The Authority also reserves the right to use other
sources of revenue legally applicable to the Project Area to pay for such costs including, but
not limited to, special assessments, utility revenues, federal or state funds, and investment
income.
Section M Estimated Amount of Bonded Indebtedness
The Authority does not anticipate issuing tax increment bonds to finance the estimated public
costs of the TIF District, but reserves the right to issue such bonds in an amount not to exceed
$450,000.
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Resolution 04-58 - Continued July 6, 2004
City of Golden Valley, Minnesota
Section N Original Net Tax Capacity
The County Auditor shall certify the original net tax capacity of the TIF District. This value will
be equal to the total net tax capacity of all property in the TIF District as certified by the State
Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive,
this value is based on the previous assessment year. For districts certified between July 1 and
December 31, inclusive, this value is based on the current assessment year.
The Estimated Market Value of all property within the TIF District as of January 2, 2003, for
taxes payable in 2004, is $316,200. Upon establishment of the TIF District, and subsequent
reclassification of property, it is estimated that the original net tax capacity of the TIF District
will be approximately $5,574.
Each year the County Auditor shall certify the amount that the original net tax capacity has
increased or decreased as a result of:
(1) changes in the tax-exempt status of property;
(2) reductions or enlargements of the geographic area of the TIF District;
(3) changes due to stipulation agreements or abatements; or
(4) changes in property classification rates.
Section O Original Tax Capacity Rate
The County Auditor shall also certify the original tax capacity rate of the TIF District. This rate
shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall
be for the same taxes payable year as the original net tax capacity.
In future years, the amount of tax increment generated by the TIF District will be calculated
using the lesser of (a)the sum of the current local tax rates at that time or (b) the original tax
capacity rate of the TIF District.
The sum of all local tax rates that apply to property in the TIF District, for taxes levied in 2003
and payable in 2004, is 123.498% as shown below. The County Auditor shall certify this
amount as the original tax capacity rate of the TIF District.
2003/2004
Taxing Jurisdiction Local Tax Rate
City of Golden Valley 45.445%
Hennepin County 47.324%
ISD # 270 22.203%
Other 8.526%
Total 123.498%
Section P Projected Retained Captured Net Tax Capacity and
Projected Tax Increment
Each year the County Auditor shall determine the current net tax capacity of all property in the
TIF District. To the extent that this total exceeds the original net tax capacity, the difference
shall be known as the captured net tax capacity of the TIF District.
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City of Golden Valley, Minnesota
For communities affected by the fiscal disparity provisions of Minnesota Statutes,
Chapter 473F and Chapter 276A, the original net tax capacity of the TIF District shall be
determined before the application of fiscal disparity. In subsequent years, the current net tax
capacity shall either (a) be determined before the application of fiscal disparity or (b) exclude
the product of any fiscal disparity increase in the TIF District (since the original net tax capacity
was certified) times the appropriate fiscal disparity ratio. The option the Authority elects shall
remain the same for the life of the TIF District, except that a single change may be made at
any time from option (a)to option (b) above. The Authority has elected to use option (b).
The County Auditor shall certify to the Authority the amount of captured net tax capacity each
year. The Authority may choose to retain any or all of this amount. It is the Authority's
intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall
be known as the retained captured net tax capacity of the TIF District.
Exhibit II gives a listing of the various information and assumptions used in preparing a number
of the exhibits contained in this TIF Plan, including Exhibit III which shows the projected tax
increment generated over the anticipated life of the TIF District.
Section Q Use of Tax Increment
Each year the County Treasurer shall deduct 0.36% of the annual tax increment generated by
the TIF District and pay such amount to the State's General Fund. Such amounts will be
appropriated to the State Auditor for the cost of financial reporting and auditing of tax
increment financing information throughout the state. Exhibit III shows the projected deduction
for this purpose over the anticipated life of the TIF District.
The Authority has determined that it will use 100% of the remaining tax increment generated
by the TIF District for any of the following purposes:
(1) pay for the estimated public costs of the TIF District (see Section K) and County
administrative costs associated with the TIF District (see Section T);
(2) pay principal and interest on tax increment bonds or other bonds issued to
finance the estimated public costs of the TIF District;
(3) accumulate a reserve securing the payment of tax increment bonds or other
bonds issued to finance the estimated public costs of the TIF District;
(4) pay all or a portion of the county road costs as may be required by the County
Board under M.S. Section 469.175, Subdivision 1a; or
(5) return excess tax increments to the County Auditor for redistribution to the City,
County and School District.
Tax increments from property located in one county must be expended for the direct and
primary benefit of a project located within that county, unless both county boards involved
waive this requirement. Tax increments shall not be used to circumvent levy limitations
applicable to the City.
Tax increment shall not be used to finance the acquisition, construction, renovation, operation,
or maintenance of a building to be used primarily and regularly for conducting the business of
a municipality, county, school district, or any other local unit of government or the State or
federal government, or for a commons area used as a public park, or a facility used for social,
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City of Golden Valley, Minnesota
recreational, or conference purposes. This prohibition does not apply to the construction or
renovation of a parking structure or of a privately owned facility for conference purposes.
If there exists any type of agreement or arrangement providing for the developer, or other
beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed
with tax increments, such payments shall be subject to all of the restrictions imposed on the
use of tax increments. Assistance includes sale of property at less than the cost of acquisition
or fair market value, grants, ground or other leases at less then fair market rent, interest rate
subsidies, utility service connections, roads, or other similar assistance that would otherwise be
paid for by the developer or beneficiary.
Section R Excess Tax Increment
In any year in which the tax increments from the TIF District exceed the amount necessary to
pay the estimated public costs authorized by the TIF Plan, the Authority shall use the excess
tax increments to:
(1) prepay any outstanding tax increment bonds;
(2) discharge the pledge of tax increments thereof;
(3) pay amounts into an escrow account dedicated to the payment of the tax
increment bonds; or
(4) return excess tax increments to the County Auditor for redistribution to the City,
County and School District. The County Auditor must report to the
Commissioner of Education the amount of any excess tax increment
redistributed to the School District within 30 days of such redistribution.
Section S Tax Increment Pooling and the Five Year Rule
At least 80% of the tax increments from the TIF District must be expended on activities within
the district or to pay for bonds used to finance the estimated public costs of the TIF District
(see Section E for additional restrictions). No more than 20% of the tax increments may be
spent on costs outside of the TIF District but within the boundaries of the Project Area, except
to pay debt service on credit enhanced bonds. All administrative expenses are considered to
have been spent outside of the TIF District. Tax increments are considered to have been
spent within the TIF District if such amounts are:
(1) actually paid to a third party for activities performed within the TIF District within
five years after certification of the district;
(2) used to pay bonds that were issued and sold to a third party, the proceeds of
which are reasonably expected on the date of issuance to be spent within the
later of the five-year period or a reasonable temporary period or are deposited
in a reasonably required reserve or replacement fund.
(3) used to make payments or reimbursements to a third party under binding
contracts for activities performed within the TIF District, which were entered into
within five years after certification of the district; or
(4) used to reimburse a party for payment of eligible costs (including interest)
incurred within five years from certification of the district.
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City of Golden Valley, Minnesota
Beginning with the sixth year following certification of the TIF District, at least 80% of the tax
increments must be used to pay outstanding bonds or make contractual payments obligated
within the first five years. When outstanding bonds have been defeased and sufficient money
has been set aside to pay for such contractual obligations, the TIF District must be decertified.
The Authority does not anticipate that tax increments will be spent outside of the TIF District
(except for allowable administrative expenses); however, the Authority does reserve the right
to allow for tax increment pooling from the TIF District in the future.
Section T Limitation on Administrative Expenses
Administrative expenses are defined as all costs of the Authority other than:
(1) amounts paid for the purchase of land;
(2) amounts paid for materials and services, including architectural and engineering
services directly connected with the proposed development within the TIF
District;
(3) relocation benefits paid to, or services provided for, persons or businesses
residing or located within the TIF District; or
(4) amounts used to pay interest on, fund a reserve for, or sell at a discount, tax
increment bonds.
Administrative expenses include amounts paid for services provided by bond counsel, fiscal
consultants, planning or economic development consultants, and actual costs incurred by the
County in administering the TIF District. Tax increments may be used to pay administrative
expenses of the TIF District up to the lesser of (a) 10% of the total estimated public costs
authorized by the TIF Plan or(b) 10% of the total tax increment expenditures for the project.
Section U Limitation on Property Not Subject to Improvements - Four Year Rule
If after four years from certification of the TIF District no demolition, rehabilitation, renovation,
or qualified improvement of an adjacent street has commenced on a parcel located within the
TIF District, then that parcel shall be excluded from the TIF District and the original net tax
capacity shall be adjusted accordingly. Qualified improvements of a street are limited to
construction or opening of a new street, relocation of a street, or substantial reconstruction or
rebuilding of an existing street. The Authority must submit to the County Auditor, by
February 1 of the fifth year, evidence that the required activity has taken place for each parcel
in the TIF District.
If a parcel is excluded from the TIF District and the Authority or owner of the parcel
subsequently commences any of the above activities, the Authority shall certify to the County
Auditor that such activity has commenced and the parcel shall once again be included in the
TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most
recently certified by the Commissioner of Revenue, and add such amount to the original net
tax capacity of the TIF District.
SPRINGSTED Page 9
Resolution 04-58 - Continued July 6, 2004
City of Golden Valley, Minnesota
Section V Estimated Impact on Other Taxing Jurisdictions
Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected
retained captured net tax capacity of the TIF District was hypothetically available to the other
taxing jurisdictions. The Authority believes that there will be no adverse impact on other taxing
jurisdictions during the life of the TIF District, since the proposed development would not have
occurred without the establishment of the TIF District and the provision of public assistance. A
positive impact on other taxing jurisdictions will occur when the TIF District is decertified and
the development therein becomes part of the general tax base.
Section W Prior Planned Improvements
The Authority shall accompany its request for certification to the County Auditor (or notice of
district enlargement), with a listing of all properties within the TIF District for which building
permits have been issued during the 18 months immediately preceding approval of the TIF
Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the
net tax capacity of each improvement for which a building permit was issued.
There have been no building permits issued in the last 18 months in conjunction with any of
the properties within the TIF District.
Section X Development Agreements
If within a project containing a soils condition district, more than 10% of the acreage of the
property to be acquired by the Authority is purchased with tax increment bonds proceeds (to
which tax increment from the property is pledged), then prior to such acquisition, the Authority
must enter into an agreement for the development of the property. Such agreement must
provide recourse for the Authority should the development not be completed.
The Authority anticipates entering into an agreement for development, but does not anticipate
acquiring any property located within the TIF District.
Section Y Assessment Agreements
The Authority may, upon entering into a development agreement, also enter into an
assessment agreement with the developer, which establishes a minimum market value of the
land and improvements for each year during the life of the TIF District.
The assessment agreement shall be presented to the County or City Assessor who shall
review the plans and specifications for the improvements to be constructed, review the market
value previously assigned to the land, and so long as the minimum market value contained in
the assessment agreement appears to be an accurate estimate, shall certify the assessment
agreement as reasonable. The assessment agreement shall be filed for record in the office of
the County Recorder of each county where the property is located. Any modification or
premature termination of this agreement must first be approved by the City, County and School
District.
The Authority does not anticipate entering into an assessment agreement.
SPRINGSTED Page 10
Resolution 04-58 - Continued July 6, 2004
City of Golden Valley, Minnesota
Section Z Modifications of the Tax Increment Financing Plan
Any reduction or enlargement in the geographic area of the Project Area or the TIF District;
increase in the amount of bonded indebtedness to be incurred; increase in the amount of
capitalized interest; increase in that portion of the captured net tax capacity to be retained by
the Authority; increase in the total estimated public costs; or designation of additional property
to be acquired by the Authority shall be approved only after satisfying all the necessary
requirements for approval of the original TIF Plan. This paragraph does not apply if:
(1) the only modification is elimination of parcels from the TIF District; and
(2) the current net tax capacity of the parcels eliminated equals or exceeds the net
tax capacity of those parcels in the TIF District's original net tax capacity, or the
Authority agrees that the TIF District's original net tax capacity will be reduced
by no more than the current net tax capacity of the parcels eliminated.
The Authority must notify the County Auditor of any modification that reduces or enlarges the
geographic area of the TIF District. The geographic area of the TIF District may be reduced
but not enlarged after five years following the date of certification.
Section AA Administration of the Tax Increment Financing Plan
Upon adoption of the TIF Plan, the Authority shall submit a copy of such plan to the Minnesota
Department of Revenue. The Authority shall also request that the County Auditor certify the
original net tax capacity and net tax capacity rate of the TIF District. To assist the County
Auditor in this process, the Authority shall submit copies of the TIF Plan, the resolution
establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned
improvements. The Authority shall also send the County Assessor any assessment agreement
establishing the minimum market value of land and improvements in the TIF District, and shall
request that the County Assessor review and certify this assessment agreement as
reasonable.
The County shall distribute to the Authority the amount of tax increment as it becomes
available. The amount of tax increment in any year represents the applicable property taxes
generated by the retained captured net tax capacity of the TIF District. The amount of tax
increment may change due to development anticipated by the TIF Plan, other development,
inflation of property values, or changes in property classification rates or formulas. In
administering and implementing the TIF Plan, the following actions should occur on an annual
basis:
(1) prior to July 1, the Authority shall notify the County Assessor of any new
development that has occurred in the TIF District during the past year to insure
that the new value will be recorded in a timely manner.
(2) if the County Auditor receives the request for certification of a new TIF District,
or for modification of an existing TIF District, before July 1, the request shall be
recognized in determining local tax rates for the current and subsequent levy
years. Requests received on or after July 1 shall be used to determine local tax
rates in subsequent years.
(3) each year the County Auditor shall certify the amount of the original net tax
capacity of the TIF District. The amount certified shall reflect any changes that
occur as a result of the following:
SPRINGSTED Page 11
Resolution 04-58 - Continued July 6, 2004
City of Golden Valley, Minnesota
(a) the value of property that changes from tax-exempt to taxable shall be
added to the original net tax capacity of the TIF District. The reverse
shall also apply;
(b) the original net tax capacity may be modified by any approved
enlargement or reduction of the TIF District;
(c) if the TIF District is classified as an economic development district, then
the original net tax capacity shall be increased by the amount of the
annual adjustment factor; and
(d) if laws governing the classification of real property cause changes to the
percentage of estimated market value to be applied for property tax
purposes, then the resulting increase or decrease in net tax capacity
shall be applied proportionately to the original net tax capacity and the
retained captured net tax capacity of the TIF District.
The County Auditor shall notify the Authority of all changes made to the original net tax
capacity of the TIF District.
Section AB Financial Reporting and Disclosure Requirements
The State Auditor shall enforce the provisions of the TIF Act and shall have full responsibility
for financial and compliance auditing of the Authority's use of tax increment financing. On or
before August 1 of each year, the Authority must annually submit to the State Auditor, County
Auditor and to the governing body of the municipality a report which shall:
(1) provide full disclosure of the sources and uses of public funds in the TIF District;
(2) permit comparison and reconciliation of the accounts and financial reports;
(3) permit auditing of the funds expended on behalf of the TIF District; and
(4) be consistent with generally accepted accounting principles.
The report shall include, among other items, the following information:
(1) the original net tax capacity of the district and any subdistrict under 469.177,
subdivision 1;
(2) the net tax capacity for the reporting period of the district and any subdistrict;
(3) the captured net tax capacity of the district;
(4) any fiscal disparity deduction from the captured net tax capacity under section
469.177, subdivision 3;
(5) the captured net tax capacity retained for tax increment financing under
469.177, subdivision 2, paragraph (a), clause (1);
(6) any captured net tax capacity distributed among affected taxing districts under
469.177, subdivision 2, paragraph (a), clause (2);
SPRINGSTED Page 12
Resolution 04-58 - Continued July 6, 2004
City of Golden Valley, Minnesota
(7) the type of district;
(8) the date the municipality approved the tax increment financing plan and the
date of approval of any modification of the tax increment financing plan, the
approval of which requires notice, discussion, a public hearing, and findings
under subdivision 4, paragraph (a);
(9) the date the authority first requested certification of the original net tax capacity
of the district and the date of request for certification regarding any parcel
added to the district;
(10) the date the county auditor first certified the original net tax capacity of the
district and the date of certification of the original net tax capacity of any parcel
added to the district;
(11) the month and year in which the authority has received or anticipates it will
receive the first increment from the district;
(12) the date the district must be decertified;
(13) for the reporting period and prior years of the district, the actual amount
received from, at least, the following categories:
(i) tax increments paid by the captured net tax capacity retained for tax
increment financing under section 469.177, subdivision 2, paragraph (a),
clause (1), but excluding any excess taxes;
(ii) tax increments that are interest or other investment earnings on or from
tax increments;
(iii) tax increments that are proceeds from the sale or lease of property,
tangible or intangible, purchased by the authority with tax increments;
(iv) tax increments that are repayments of loans or other advances made by
the authority with tax increments;
(v) bond or loan proceeds;
(vi) special assessments;
(vii) grants; and
(viii) transfers from funds not exclusively associated with the district;
(14) for the reporting period and for the prior years of the district, the amount
budgeted under the tax increment financing plan, and the actual amount
expended for, at least, the following categories:
(i) acquisition of land and buildings through condemnation or purchase;
(ii) site improvements or preparation costs;
(iii) installation of public utilities, parking facilities, streets, roads, sidewalks,
or other similar public improvements;
SPRINGSTED Page 13
Resolution 04-58 - Continued July 6, 2004
City of Golden Valley, Minnesota
(iv) administrative costs, including the allocated cost of the Authority; and
(v) public park facilities, facilities for social, recreational, or conference
purposes, or other similar public improvements; and
(vi) transfers to funds not exclusively associated with the district;
(15) for properties sold to developers, the total cost of the property to the Authority
and the price paid by the developer;
(16) the amount of any payments and the value of in-kind benefits, such as physical
improvements and the use of building space, that are paid or financed with tax
increments and are provided to another governmental unit other than the
municipality during the reporting period;
(17) the amount of any payments for activities and improvements located outside of
the district that are paid for or financed with tax increments;
(18) the amount of payments of principal and interest that are made during the
reporting period on any non-defeased:
(i) general obligation tax increment financing bonds;
(ii) other tax increment financing bonds; and
(iii) notes and pay-as-you-go contracts;
(19) the principal amount, at the end of the reporting period, of any non-defeased:
(i) general obligation tax increment financing bonds;
(ii) other tax increment financing bonds; and
(iii) notes and pay-as-you-go contracts;
(20) the amount of principal and interest payments that are due for the current
calendar year on any non-defeased:
(i) general obligation tax increment financing bonds;
(ii) other tax increment financing bonds; and
(iii) notes and pay-as-you-go contracts;
(21) if the fiscal disparities contribution under chapter 276A or 473F for the district is
computed under section 469.177, subdivision 3, paragraph (a). the amount of
increased property taxes imposed on other properties in the municipality that
approved the tax increment financing plan as a result of the fiscal disparities
contribution;
(22) whether the tax increment financing plan or other governing document permits
increment revenues to be expended;
(i) to pay bonds, the proceeds of which were or may be expended on
activities outside of the district;
SPRINGSTED Page 14
Resolution 04-58 - Continued July 6, 2004
City of Golden Valley, Minnesota
(ii) for deposit into a common bond fund from which money may be
expended on activities located outside of the district; or
(iii) to otherwise finance activities located outside of the tax increment
financing district; and
(23) the estimate of contained in the tax increment financing plan of the cost of the
project, including administrative expenses to be paid with tax increment; and
(24) any additional information the state auditor may require.
The Authority must also annually publish in a newspaper of general circulation in the City an
annual statement for each tax increment financing district showing:
(1) the original net tax capacity of the district and any subdistrict under 469.177,
subdivision 1;
(2) the net tax capacity for the reporting period of the district and any subdistrict;
(3) the captured net tax capacity of the district;
(4) the month and year in which the authority has received or anticipates it will
receive the first increment from the district;
(5) the date the district must be decertified;
(6) the amount of principal and interest payments that are due for the current
calendar year on any non-defeased obligations;
(7) if the fiscal disparities contribution under chapter 276A or 473F for the district is
computed under section 469.177, subdivision 3, paragraph (a). the amount of
increased property taxes imposed on other properties in the municipality that
approved the tax increment financing plan as a result of the fiscal disparities
contribution;
(8) the amounts of tax increment received and expended in the reporting period;
(9) and any additional information the authority deems necessary.
The annual statement must inform readers that additional information regarding each district
may be obtained from the authority, and must explain how the additional information may be
requested. The Authority must publish the annual statement for a year no later than August 15
of the next year. The authority must identify the newspaper of general circulation in the
municipality to which the annual statement has been or will be submitted for publication and
provide a copy of the annual statement to the county board, county auditor, the school board,
the state auditor, and the governing body of the municipality on or before August 1 of the year
in which the statement must be published.
The reporting and disclosure requirements outlined in this section shall begin with the year the
district was certified, and shall end in the year in which both the district has been decertified
and all tax increments have been spent or returned to the county for redistribution. Failure to
meet these requirements, as determined by the State Auditors Office, may result in suspension
of distribution of tax increment.
SPRINGSTED Page 15
Resolution 04-58 - Continued July 6, 2004
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Exhibit 11
Assumptions Report
Golden Valley Housing & Redevelopment Authority, Minnesota
Tax Increment Financing (Soils Condition) North Wirth District No. 3
North Wirth Project
Scenario A
Type of Tax Increment Financing District Soils Condition
Maximum Duration of TIF District 20 years from 1st increment
Projected Certification Request Date 06/01/04
Decertification Date 12/31/26 (20 Years of Increment)
2003/2004
Base Estimated Market Value $316,200
Original Net Tax Capacity $5,574
Assessment/Collection Year
2004/2005 2005/2006 2006/2007 2007/2008
Base Estimated Market Value $316,200 $316,200 $316,200 $316,200
Increase in Estimated Market Value 0 0 1,620,000 1,620,000
Total Estimated Market Value $316,200 $316,200 $1,936,200 $1,936,200
Total Net Tax Capacity $5,574 $5,574 $31,650 $31,650
City of Golden Valley 45.445%
Hennepin County 47.324%
ISD#270 22.203%
Other 8.526%
Local Tax Capacity Rate 123.498% 2003/2004
Fiscal Disparities Contribution From TIF District 30.5180%
Administrative Retainage Percent(maximum= 10%) 0.00%
Pooling Percent 0.00%
Bonds Note(Pay-As-You-Go)
Bonds Dated 06/01/04 Note Dated 06/01/04
Bond Issue @ 0.00%(NIC) $0 Note Rate 6.00%
Eligible Project Costs $0 Note Amount $375,800
Present Value Date&Rate 06/01/04 6.00%
Notes
Base value used is the most recent assessed value
SPRINGSTED Page 17
Resolution 04-58 - Continued July 6, 2004
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Exhibit V
Projected Pay-As-You-Go Note Report
Golden Valley Housing&Redevelopment Authority,Minnesota
Tax Increment Financing(Soils Condition)North Wirth District No.3
North Wirth Project
Scenario A
Note Date: 06/01/04
Note Rate: 6.00%
Amount: $375,800
Semi-Annual Loan
Net Capitalized Balance
Date Principal Interest P&1 Revenue Interest Outstanding
(1) (2) (3) (4) (5) (6) (7)
375,800.00
02/01/05 0.00 0.00 0.00 0.00 15,032.00 390,832.00
08/01/05 0.00 0.00 0.00 0.00 11,724.96 402,556.96
02/01/06 0.00 0.00 0.00 0.00 12,076.71 414,633.67
08/01/06 0.00 0.00 0.00 0.00 12,439.01 427,072.68
02/01/07 0.00 0.00 0.00 0.00 12,812.18 439,884.86
08/01/07 0.00 11,147.00 11,147.00 11,147.00 2,049.55 441,934.41
02/01/08 0.00 11,147.00 11,147.00 11,147.00 2,111.03 444,045.44
08/01/08 0.00 11,147.00 11,147.00 11,147.00 2,174.36 446,219.80
02/01/09 0.00 11,147.00 11,147.00 11,147.00 2,239.59 448,459.39
08/01/09 0.00 11,147.00 11,147.00 11,147.00 2,306.78 450,766.17
02/01/10 0.00 11,147.00 11,147.00 11,147.00 2,375.99 453,142.16
08/01/10 0.00 11,147.00 11,147.00 11,147.00 2,447.26 455,589.42
02/01/11 0.00 11,147.00 11,147.00 11,147.00 2,520.68 458,110.10
08/01/11 0.00 11,147.00 11,147.00 11,147.00 2,596.30 460,706.40
02/01/12 0.00 11,147.00 11,147.00 11,147.00 2,674.19 463,380.59
08/01/12 0.00 11,147.00 11,147.00 11,147.00 2,754.42 466,135.01
02/01/13 0.00 11,147.00 11,147.00 11,147.00 2,837.05 468,972.06
08/01/13 10,928.84 14,069.16 24,998.00 24,998.00 0.00 458,043.22
02/01/14 11,256.70 13,741.30 24,998.00 24,998.00 0.00 446,786.52
08/01/14 11,594.40 13,403.60 24,998.00 24,998.00 0.00 435,192.12
02/01/15 11,942.24 13,055.76 24,998.00 24,998.00 0.00 423,249.88
08/01/15 12,300.50 12,697.50 24,998.00 24,998.00 0.00 410,949.38
02/01/16 12,669.52 12,328.48 24,998.00 24,998.00 0.00 398,279.86
08/01/16 13,049.60 11,948.40 24,998.00 24,998.00 0.00 385,230.26
02/01/17 13,441.09 11,556.91 24,998.00 24,998.00 0.00 371,789.17
08/01/17 13,844.32 11,153.68 24,998.00 24,998.00 0.00 357,944.85
02/01/18 14,259.65 10,738.35 24,998.00 24,998.00 0.00 343,685.20
08/01/18 14,687.44 10,310.56 24,998.00 24,998.00 0.00 328,997.76
02/01/19 15,128.07 9,869.93 24,998.00 24,998.00 0.00 313,869.69
08/01/19 15,581.91 9,416.09 24,998.00 24,998.00 0.00 298,287.78
02/01/20 16,049.37 8,948.63 24,998.00 24,998.00 0.00 282,238.41
08/01/20 16,530.85 8,467.15 24,998.00 24,998.00 0.00 265,707.56
02/01/21 17,026.77 7,971.23 24,998.00 24,998.00 0.00 248,680.79
08/01/21 17,537.58 7,460.42 24,998.00 24,998.00 0.00 231,143.21
02/01/22 18,063.70 6,934.30 24,998.00 24,998.00 0.00 213,079.51
08/01/22 18,605.61 6,392.39 24,998.00 24,998.00 0.00 194,473.90
02/01/23 19,163.78 5,834.22 24,998.00 24,998.00 0.00 175,310.12
08/01/23 19,738.70 5,259.30 24,998.00 24,998.00 0.00 155,571.42
02/01/24 20,330.86 4,667.14 24,998.00 24,998.00 0.00 135,240.56
08/01/24 20,940.78 4,057.22 24,998.00 24,998.00 0.00 114,299.78
02/01/25 21,569.01 3,428.99 24,998.00 24,998.00 0.00 92,730.77
08/01/25 22,216.08 2,781.92 24,998.00 24,998.00 0.00 70,514.69
02/01/26 22,882.56 2,115.44 24,998.00 24,998.00 0.00 47,632.13
08/01/26 23,569.04 1,428.96 24,998.00 24,998.00 0.00 24,063.09
02/01/27 24,063.09 721.89 24,784.98 24,784.98 0.00 0.00
08/01/27 0.00 0.00 0.00 0.00 0.00 0.00
$468,972 $364,522.92 $833,494.98 $833,494.98 $93,172.06
Surplus Tax Increment 213.02
Total Net Revenue $833,708.00
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Resolution 04-58 - Continued July 6, 2004
Exhibit VI
Market Value Analysis Report
Golden Valley Housing & Redevelopment Authority, Minnesota
Tax Increment Financing (Soils Condition) North Wirth District No. 3
North Wirth Project
Scenario A
Assumptions
Present Value Date 06/01/04
P.V. Rate- Gross T.I. 6.00%
Increase in EMV With TIF District $3,240,000
Less: P.V of Gross Tax Increment 383,029
Subtotal $2,856,971
Less: Increase in EMV Without TIF 0
Difference $2,856,971
Annual Present
Gross Tax Value @
Year Increment 6.00%
1 2006 0 0
2 2007 22,375 18,425
3 2008 22,375 17,382
4 2009 22,375 16,398
5 2010 22,375 15,470
6 2011 22,375 14,594
7 2012 22,375 13,768
8 2013 50,177 29,128
9 2014 50,177 27,480
10 2015 50,177 25,924
11 2016 50,177 24,457
12 2017 50,177 23,072
13 2018 50,177 21,766
14 2019 50,177 20,534
15 2020 50,177 19,372
16 2021 50,177 18,276
17 2022 50,177 17,241
18 2023 50,177 16,265
19 2024 50,177 15,344
20 2025 50,177 14,476
21 2026 50,177 13,657
22 2027 0 0
$836,728 $383,029
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