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Reimbursement Amount means the lesser of (i) $463,297 or (ii) the Public Development <br />Costs actually incurred and paid by the Developer; <br />Site Plan means the site plan prepared for the Development Property; <br />State means the State of Minnesota; <br />Tax Increments means the tax increments derived from the TIF District and the <br />improvements thereon which have been received and are permitted to be retained by the City in <br />accordance with the TIF Act including, without limitation, Minnesota Statutes, Section 469.177, <br />as amended; <br />Termination Date means the date the TIF District is terminated in accordance with the <br />TIF Act; <br />TIF Act means Minnesota Statutes, Sections 469.174 through 469.1794, as amended; <br />TIF District means the Tax Increment Financing District (Housing) No. 25 consisting of <br />the property legally described in Exhibit A attached hereto, which was established as a housing <br />district under the TIF Act; <br />TIF Note means the Taxable Tax Increment Revenue Note (Jackson Hills Residential <br />Suites, LLC Project) to be executed by the City and delivered to the Developer pursuant to <br />Article III hereof, a form of which is attached hereto as Exhibit D; <br />TIF Plan means the tax increment financing plan approved for the TIF District; <br />Total Development Costs means the costs of the Project as set forth on Exhibit E; and <br />Unavoidable Del ays means delays, outside the control of the party claiming their <br />occurrence, which are the direct result of strikes, other labor troubles, unusually severe or <br />prolonged bad weather, acts of God, acts of war or terrorism, fire or other casualty to the Project, <br />litigation commenced by third parties which, by injunction or other similar judicial action or by <br />the exercise of reasonable discretion, directly results in delays, or acts of any federal, state or <br />local governmental unit (other than the City) which directly result in delays, acts of the public <br />enemy or acts of terrorism and discovery of unknown hazardous materials or other concealed site <br />conditions or delays of contractors due to such discovery. <br />4 <br />5193948 1SB EL18549 <br />