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7.5. SR 07-15-2013
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7.5. SR 07-15-2013
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7/15/2013 2:12:21 PM
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"Substantial Completion" means the stage in the progress of construction of Project <br /> where the work is sufficiently complete in accordance with the plans approved under this <br /> Agreement that a certificate of occupancy or temporary certificate is issued. <br /> "Tax Abatement" means collectively the County Tax Abatement and the City Tax <br /> Abatement of ad valorem real estate taxes levied on the Project by the County as provided in the <br /> County's Tax Abatement Resolution and by the City as provided in the City Tax Abatement <br /> Resolution and this Agreement, and as authorized by the Tax Abatement Act. <br /> "Tax Abatement Act" means Minnesota Statutes, Sections 469.1812 through 469.1815, <br /> as amended or supplemented from time to time. <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, directly results in delays, or <br /> acts of any federal, state or local governmental unit (other than the City) which directly result in <br /> delays. Unavoidable delays shall not include delays in the Developer's obtaining permits or <br /> governmental approvals necessary directly to enable construction of the Project. <br /> ARTICLE II. <br /> REPRESENTATIONS AND WARRANTIES <br /> Section 2.1. Representations and Warranties by the City. The City represents and <br /> warrants that: <br /> (a) The City is a Minnesota municipal corporation duly organized and existing under <br /> the laws of the State of Minnesota. Under the laws of the State, the City has the <br /> power to enter into this Agreement and carry out its obligations hereunder. <br /> (b) The Business Subsidy Program was created, adopted and approved in accordance <br /> with the terms of the Business Subsidy Act and the City's Business Subsidy <br /> Policy and Criteria. <br /> (c) The City Tax Abatement is consistent with the criteria established for awarding <br /> subsidies by the City. <br /> Section 2.2. Representations and Warranties by the County. The County represents <br /> and warrants that: <br /> (a) The County is a body corporate and politic duly organized and existing under the <br /> laws of the State of Minnesota. Under the laws of the State, the County has the <br /> power to enter into this Agreement and carry out its obligations hereunder. <br />
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