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<br />"Persoll" means imy individual, corporation, partnership, joint venture, limited liability <br />company or partnership, association, trust, unincorporated organization, or government, or any <br />agency or political subdivision thereof. <br /> <br />"Placement Agent" means any underwriter or placement agent, cooperatively selected <br />by the City and the Developer, which assists the Developer in placing the Ta.."'( Increment <br />Revenue Note with a Lender. <br /> <br />"Pledged Ta.x Increment" means, as of any Payment Date, 89% of the actual Available <br />Ta.."'( Increment received by the City since the last PaYment Date based on the lesser of the current <br />actual Market Value of the Minimum Improvements as determined by the County Assessor or <br />the County Assessor's Market Value of the Minimum Impcovements as of the January 2 <br />immediately following the Completion Date. <br /> <br />"Profit" means the amount by which Sales Proceeds exceed Total Development Costs of <br />the portion of the Development in which units are sold and not leased; provided that if the Profit <br />Determination Date is prior to the date of the Sale of the last unit to be sold the Developer shall <br />forecast Profit with respect to units which have not yet been sold based on projected Sales prices <br />of remaining units and in forecasting such Profits. <br /> <br />"Profit Determination Date" means the first day of the first month that is sixty (60) days <br />after both the Bluff Block Development and the Jackson Block Development are 80% leased <br />and/or sold or such earlier date as the City may require. <br /> <br />"Profit Statement" means the. profit analysis provided by the Developer pursuant to <br />Section 5.3 and to be attached as Exhibit M hereto in substantially the form and content as set <br />forth in Exhibit L hereto, prepared by a firm of certified public accountants reasonably <br />accep~able to the City calculating the Profit, which shall detail all actual sources and uses of <br />funds associated with the portion of the Development in which units are sold and not leased and <br />which shall specifically include a schedule showing any return of equity and distribution of <br />Profit to the Developer. <br /> <br />"Rate of Return" means (i) the annual "Cash Flow after Financing" for the first fiscal. <br />year commencing on or after the Cash Flow Determination Date as set forth in the Cash Flow. <br />Statement divided by (ii) the "Developer Equity" as set forth in the Sources and Uses Statement <br />with respect to the Jackson Block Commercial Project to the extent leased and not sold. <br /> <br />"Refunding Bonds" means any tax increment revenue bonds issued by the City <br />pursuant to Section 5.8 hereof. <br /> <br />"Reimbursement Amount" means the Reimbursement Amount as defined in Section <br /> <br />5.2(a). <br /> <br />"Relocation Costs and Expenses" means any and all relocation assistance, services, <br />benefits or payments made under 42 U.S.c. 9 4601, et. seq., 49 C.F.R. S 24.1 et. seq, and <br />Minnesota Statutes. Chapter 117. <br /> <br />1674205v9 <br /> <br />8 <br />