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conforms to applicable zoning, subdivision and building code laws and ordinances, including a <br />copy of the building permit for the Project; and (b) A copy of the executed standard form of <br />agreement between owner and architect for architectural services for the Project, if any; <br />Construction Plans means the plans, specifications, drawings and related Construction <br />Documents for the construction of the Project which shall be as detailed as the plans, <br />specifications, drawings and related Construction Documents which are submitted to the building <br />inspector of the City; <br />County means Sherburne County, Minnesota; <br />Declaration means the Declaration of Restrictive Covenants in substantially the form <br />attached hereto as Exhibit F; <br />Design Drawings means the floor plans, renderings, elevations and material specifications <br />for the Project to be prepared by the Architect and attached hereto as Exhibit I; <br />Developer means Jackson Street Apartments, LLC, a Minnesota limited liability company, <br />and its authorized successors and assigns; <br />Development Property means the real property legally described in Exhibit B attached to <br />this Agreement; <br />Event of Default means any of the events described in Section 4.1 hereof, <br />Final Payment Date means the earlier of (i) the date on which the entire principal and <br />accrued interest on the TIF Note has been paid in full; or (ii) February 1, 2041; or (iii) any earlier <br />date this Agreement or the TIF Note is cancelled in accordance with the terms hereof or deemed <br />paid in full; or (iv) the February 1 following the date the TIF District is terminated in accordance <br />with the TIF Act; <br />Geotechnical Report means Project 19-406 Report of Geotechnical Explorations for <br />Jackson Hills Residential Suites, Phases II — IV, Elk River, Minnesota, dated March 2, 2020, <br />prepared for the Briggs Companies by Independent Testing Technologies, Inc., attached hereto as <br />Exhibit G. <br />Payment Date means August 1, 2026 and each February 1 and August 1 thereafter to and <br />including the Final Payment Date; provided, that if any such Payment Date should not be a <br />Business Day, the Payment Date shall be the next succeeding Business Day; <br />Pledged Tax Increments means for any six month period, 90% of the Available Tax <br />Increments received by the City since the last Payment Date; <br />Project means soil correction and soil remediation of the Development Property and the <br />construction thereon of an approximately 44-unit affordable multifamily rental housing <br />development with a mix of studio, 1, 2 and 3-bedroom units and all related amenities and <br />improvements, to be completed, owned and operated by the Developer; <br />EL185-70-769416.d7 <br />