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Project means the subdivision and development of a 22 unit townhouse project to <br />be located on the Development Property; <br />State means the State of Minnesota; <br />Tax Increments means the tax increments derived from the Development Property <br />which have been received and retained by the City in accordance with the provisions of <br />Minnesota Statutes, Section 469.177; <br />Tax Increment Act means Minnesota Statutes, Sections 469.174 through 469.179, <br />as amended; <br />Tax Increment District means Tax Increment Financing District No. 3 -2 located <br />within the Development District, the legal description of which is set forth in the Tax <br />Increment Financing Plan, which was qualified as a redevelopment district under the Tax <br />Increment Act; <br />Tax Increment Financing Plan means the tax increment financing plan approved <br />for the Tax Increment District by the City Council on April 28, 1998, as amended on <br />March 22, 2000; <br />Tax Increment Note means the Tax Increment Revenue Note (Masterpiece Homes, <br />Inc.) to be executed by the City and delivered to the Developer pursuant to Article III <br />hereof, a copy of which is attached hereto as Exhibit B; <br />Unavoidable Delays means delays, outside the control of the party claiming its <br />occurrence, which are the direct result of strikes, other labor troubles, unusually severe or <br />prolonged bad weather, acts of God, fire or other casualty to the Project, litigation <br />commenced by third parties which, by injunction or other similar judicial action or by the <br />exercise of reasonable discretion, directly results in delays, or acts of any federal, state or <br />local governmental unit (other than the City) which directly result in delays. <br />1160667.1 <br />Page 217 <br />