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08-22-2001 Council Agenda
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08-22-2001 Council Agenda
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dangerous, toxic or hazardous pollutants, contaminants, chemicals, materials or <br />substances listed or identified in, or regulated by, any Environmental Law; <br />2.21. "Minimum Improvements" means the buildings and improvements <br />generally described on the attached Exhibit B until the Developer has prepared and the <br />has approved the Construction Plans. After the City has approved the Construction <br />Plans, Minimum Improvements means the buildings and improvements as depicted on <br />and described in the Construction Plans; <br />2.22. "Mortgage" means a mortgage or other lien on or security interest in the <br />Development Property, or any portion thereof, the Developer grants to a third party; <br />2.23. "Net Insurance Proceeds" means the amount of insurance proceeds an <br />insurer is obligated to pay to the City and the Developer (and any other insured parties) <br />under a policy or policies of insurance this Agreement requires the Developer to obtain <br />and maintain less reasonable expenses (including reasonable attorneys' fees and <br />disbursements) Developer incurs to collect the insurance proceeds; <br />2.24. "Party means the City or the Developer. <br />2.25. "Project" means the Developer's development of Development Property <br />pursuant to this Agreement; <br />2.26. "Purchase Agreement" means the Purchase Agreement described in <br />Section 5; <br />2.27. "State" means the State of Minnesota; <br />2.28. "Tax Increments" means the tax increments which are derived under the <br />Tax Increment Act from the Tax Increment District (calculated for fiscal disparity <br />purposes as provided in Section 469.177, Subdivision (b) as the method of calculation <br />elected by the City) and which the City is entitled to retain under the Tax Increment Act; <br />2.29. "Tax Increment Act" means the Minnesota tax increment financing act, <br />Minnesota Statutes, Section 469.174 to 469.179, as amended; <br />2.30. "Tax Increment District" means Tax Increment Financing District No. 2 -1 <br />as described in tax increment financing plan; <br />2.31. "Tax Increment Financing Plan" means the tax increment financing plan <br />the Authority has approved for the tax increment district pursuant to the tax increment <br />act; <br />1316916v1 <br />2.32. "Termination Date" means December 31, 2016; <br />2.33. "Unavoidable Delay" means any delays, outside the control of the party <br />claiming its occurrence, which are the direct result of strikes, other labor troubles, <br />unusually severe or prolonged bad weather, acts of God, fire or other casualty to the <br />Page 48 <br />
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