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1450998v8 <br />2.21. "Redevelopment Plan" means the Redevelopment Plan the City adopted <br />for Redevelopment Project Area No. 1. <br />2.22. "Redevelopment Project" means the City's Redevelopment Project Arca <br />No. 1 which the City created pursuant to Minnesota Statutes, Section 469.001 through <br />469.047. <br />2.23. "Rutzik/Cardinal /Venetian Property" means the real property described on <br />Exhibit A -2 and any improvements or fixtures located thereon. <br />5.2. <br />2.24. "Purchase Agreement" means the purchase agreement described in Section <br />2.25. "State" means the State of Minnesota. <br />2.26. "Tax Increments" means the tax increments which are derived under the <br />Tax Increment Act from the taxes due and payable with respect to the Development <br />Property (calculated for fiscal disparity purposes as provided in Section 469.177, <br />Subdivision 3(b) as the method of calculation elected by the EDA) between January 1, <br />2005 and December 31, 2022 and which the EDA is entitled to retain under the Tax <br />Increment Act. <br />2.27. "Tax Increment Act" means the Minnesota Tax Increment Financing Act, <br />Minnesota Statutes, Section 469.174 to 469.179, as amended. <br />2.28. "Tax Increment District" means Tax Increment Financing District No. 3 -2 <br />as described in Tax Increment Financing Plan. <br />2.29. "Tax Increment Financing Plan" means the tax increment financing plan <br />the City and the EDA have approved for the Tax Increment District pursuant to the Tax <br />Increment Act. <br />2.30. "Tax Increment Shortfall" has the meaning set forth in Section 8.2. <br />2.31. "Termination Date" means February 1, 2023. <br />2.32. "Unavoidable Delay" means any delays, outside the control of the party <br />claiming its occurrence, which are the direct result of acts of the public enemy, terrorism, <br />war, unavailability of materials, discovery of unknown hazardous materials, strikes, other <br />labor troubles, unusually severe or prolonged bad weather, acts of God, fire or other <br />casualty to the Minimum Improvements or acts of any federal, state or local <br />governmental unit or litigation commenced by third parties which, by injunction or other <br />similar judicial action or by the exercise of reasonable discretion, directly results in <br />delays. With respect to any deadline set forth herein that is expressly made subject to <br />Unavoidable Delay, if the Party subject to the time deadline gives notice of an <br />Unavoidable Delay to the other Party within thirty days after the Party subject to the time <br />deadline becomes aware of the occurrence or onset of a condition or a combination of <br />conditions which a reasonable person would conclude may cause an Unavoidable Delay, <br />6- <br />