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Public Development Costs means the Public Development Costs of the Project identified <br />on Exhibit C attached hereto and any other cost incurred by the Developer, or its assigns, that the <br />City determines is eligible for reimbursement with Pledged Tax Increments; <br />Reimbursement Amount means the lesser of (i) $968,000 or (ii) the Public Development <br />Costs actually incurred and paid by the Developer as determined by the City in accordance with <br />Section 3.2 hereof, <br />Site Plan means the site plan prepared for the Development Property and attached hereto <br />as Exhibit J; <br />State means the State of Minnesota; <br />Tax Increments means the tax increments actually derived from the Development Property <br />and the improvements thereon which have been received and are permitted to be retained by the <br />City in accordance with the TIF Act including, without limitation, Minnesota Statutes, Section <br />469.177, as amended as determined by the City in its sole and absolute discretion; <br />Act; <br />Termination Date means the date the TIF District is terminated in accordance with the TIF <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. 28 (Jackson Hills <br />Apartments Phase II Housing Project) consisting of the property legally described in Exhibit A <br />attached hereto, which was established as a housing district under the TIF Act; <br />TIF Note means the Taxable Tax Increment Revenue Note (Jackson Hills Phase II Housing <br />Project) to be executed by the City and delivered to the Developer pursuant to Article III hereof, a <br />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 H; and <br />Unavoidable Delays 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 local <br />governmental unit (other than the City) which directly result in delays, acts of the public enemy or <br />acts of terrorism and discovery of unknown hazardous materials or other concealed site conditions <br />or delays of contractors due to such discovery. <br />4 <br />EL185-70-769416.d7 <br />