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• <br /> • ARTICLE I <br /> DEFINITIONS <br /> Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein <br /> shall have the following meanings unless a different meaning clearly appears from the context: <br /> "Acquisition Costs" means all of the costs incurred by the Developer in connection with <br /> the acquisition of the Development Property, including but not limited to, the purchase price paid <br /> to acquire the Development Property, broker fees, holding costs including interest on debt <br /> incurred to finance the acquisition, any taxes, assessments or utilities required to be provided or <br /> paid by the Developer as a result of its acquisition of the Development Property, all costs for <br /> appraisers, title work, legal proceedings, and any federal, State or local relocation benefits. <br /> "Administrative Expenses" shall have the meaning given such term in the Tax Increment <br /> Act. <br /> "Affiliate" means any Person directly or indirectly controlling or controlled by or under <br /> direct or indirect common control with a Person and any purchaser of all or substantially all of <br /> the assets of such Person. For this purpose, "control" means the power to direct management and <br /> policies, directly or indirectly, whether through ownership of voting securities, by contract or <br /> otherwise, and the terms "controlling" and "controlled" have correlative meanings. <br /> "Agreement" means this Development Agreement as the same may be from time to time <br /> modified, amended or supplemented. <br /> "Allowable Profit" means the Profit of the Developer in an amount equal to 10% of Total <br /> Development Costs with respect to the Bluff Block Housing Project and 10% of Total <br /> Development Costs with respect to the portion of the Bluff Block Commercial Project. <br /> "Available Tax Increment" means the Tax Increment received and retained by the City, <br /> less the amount of Tax Increment, if any, which the City must pay to the school district, the <br /> County and the State pursuant to Minnesota Statutes, Sections 469.177, subds. 9, 10, and 11; <br /> 469.176, subd. 4h; and 469.175, subd. la, as the same maybe amended from time to time. <br /> "Bluff Block Commercial Project" means approximately 10,820 square feet of retail <br /> space, together with related parking facilities, to be constructed on the Bluff Block Property. <br /> "Bluff Block Development" means the demolition and clearance of the existing structures <br /> located on the Bluff Block Property and the construction of the Bluff Block Housing Project and <br /> the Bluff Block Commercial Project. <br /> "Bluff Block Housing Project" means approximately 68 units of owner-occupied <br /> housing, together with related parking facilities,to be constructed on the Bluff Block Property. <br /> i "Bluff Block Property" the real property legally described in Exhibit A hereto. <br /> 1674205v8 3 <br />