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Project means the construction of an approximately 174-unit senior rental housing project <br />on the Development Property located in the City; <br />Public Improvements means the public improvements described in the City Development <br />Agreement; <br />Site Improvements means the site improvements undertaken or to be undertaken on the <br />Development Property, more particularly described on Exhibit C attached hereto; <br />Special Legislation means Minnesota Laws, 2010, Chapter 389, Article 7, Section 22, as <br />amended by Minnesota Laws, 2011, Chapter 112, Article 11, Section 16; <br />State means the State of Minnesota, <br />Tax Increments means 90% of the tax increments derived from the Development <br />Property as calculated by the City in its sole discretion and which have been received by the City <br />in accordance with the provisions of Minnesota Statutes, Section 469.177; <br />Tax Increment Act means Minnesota Statutes, Sections 469.174 through 469.1794, as <br />amended; <br />Tax Increment District means Tax Increment Financing District No. 14 located within the <br />Development District, a description of which is set forth in the Tax Increment Financing Plan, <br />which was qualified as a redevelopment district under the Tax Increment Act; <br />Tax Increment Financing Plan means the tax increment financing plan approved for the <br />Tax Increment District by the City Council on December 14, 2010, and any future amendments <br />thereto; <br />Termination Date means the earlier of (i) February 1, 2040, (ii) the date the <br />Reimbursement Amount as defined in Section 3.1 is paid in full, (iii) the date on which the Tax <br />Increment District expires or is otherwise terminated, or (iv) the date this Agreement is <br />terminated or rescinded in accordance with its terms; and <br />TIF Note means the Tax Increment Revenue Note (Affinity at Ramsey, LLC Project) to <br />be executed by the City and delivered to the Developer pursuant to Article III hereof, the form of <br />which is attached hereto as Exhibit B; and <br />Unavoidable Delays means delays, outside the control of the party claiming its <br />occurrence, which are the direct result of strikes, other labor troubles, unusually severe or <br />prolonged bad weather, acts of God, fire or other casualty to the Project, litigation commenced <br />by third parties which, by injunction or other similar judicial action or by the exercise of <br />reasonable discretion, directly results in delays, or acts of any federal, state or local <br />governmental unit (other than the City) which directly result in delays. <br />3 <br />10567153v3 <br />