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<br />"PHF/dug Lot }\ll:Jte" means the tax increment revenue note, in substantially the form <br />attached hereto as Exhibit F hereto to be issued by the City pursuant to the provisions of Section <br />5.9 hereof. <br /> <br />"PHF/dug Ll:Jt Pledged TtlX !ncrement" means, as of any Payment Date, 6% of the lesser <br />of the actual.L^..vailable Tax Increment received by the City since the last Payment Date based on <br />the lesser of the current actual Market Value of the Minimum Improvements as determined by <br />the County .^..ssessor or the County Assessor's Market Value of the Minimum Improvements as <br />of the January 2 immediately following the Completion Date. <br /> <br />"Party" means the Developer or the City, as the context may require. <br /> <br />"Parties" means the Developer and the City. <br /> <br />"Payment Date" means each February 1 and August 1, commencing with the first <br />February 1 or August 1 occurring after the date of issuance of a certificate of completion for the <br />shell of the Bluff Block Development; 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 /> <br />"Person" means any 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 Tax Increment <br />Revenue Note with a Lender. <br /> <br />"Pledged Tax Increment" means, as of any Payment Date, -89.2.5% of the actual <br />Available Tax Increment received by the City since the last Payment Date based on the lesser of <br />the current actual Market Value of the Minimum Improvements as determined by the County <br />Assessor or the County Assessor's Market Value of the Minimum Improvements as of the <br />January 2 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 ML hereto in substantially the form and content as set <br />forth in Exhibit -bK hereto, prepared by a firm of certified public accountants reasonably <br />acceptable 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 /> <br />I 824344vRED V2 to VI; 10/12/05 <br /> <br />8 <br />