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CC PACKET 01092001
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CC PACKET 01092001
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Last modified
12/30/2015 4:19:33 PM
Creation date
12/30/2015 4:19:08 PM
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SP Box #
17
SP Folder Name
CC PACKETS 1999-2001
SP Name
CC PACKET 01092001
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15 <br /> "Redevelopment Plan" means Redevelopment Plan of the HRA which relates to the Redevelopment <br /> Property. <br /> "Redevelopment Property" means the portion of the Project Area described on Schedule A attached <br /> hereto. <br /> "Section" means a Section of this Agreement, unless used in reference to Minnesota Statutes. <br /> "Site Development Expenses" means the aggregate amount actually expended by Redeveloper with <br /> respect to the Project for costs associated with the following: (a) demolition; (b) environmental clean <br /> up; (c) geotechnical clean up; (d) pilings; (e) structural floor systems; (f) parking area soil corrections; <br /> (g) retaining walls; (h) non-reimbursable tank removal; and (i) imported fill material. <br /> "State" means the State of Minnesota. <br /> "Unavoidable Delay"means a failure or delay in a party's performance of its obligations under this <br /> Agreement, or during any cure period specified in this Agreement which does not entail the mere <br /> payment of money, not within the party's reasonable control, including but not limited to acts of God, <br /> governmental agencies, the other party, strikes, labor disputes (except disputes which could be <br /> resolved by using union labor), fire or other casualty, or lack of materials; provided that within 10 days <br /> after a party impaired by the delay has knowledge of the delay it shall give the.other party notice of the <br /> • delay and the.estimated length of the delay, and shall give the other party notice of the actual length of <br /> the delay within 10 days after the cause of the delay has ceased to exist. The parties shall pursue with <br /> reasonable diligence the avoidance and removal of any such delay. Unavoidable Delay shall not extend <br /> performance of any obligation unless the notices required in this definition are given as herein required. <br /> ARTICLE 2 <br /> Representations and Warranties <br /> Section 2.1 By HRA. The HRA makes the following representations to Redeveloper: <br /> (a) The HRA is a housing and redevelopment authority duly organized and existing <br /> under the laws of Minnesota. Under the provisions of the Act, the HRA has the power to enter into this <br /> Agreement and carry out its obligations hereunder. <br /> (b) The Project is a"redevelopment project" within the meaning of the Act and was <br /> created, adopted and approved in accordance with the terms of the Act. <br /> (c) The costs related to the portion of the Project described in Schedule C hereto <br /> constitute "public redevelopment costs" as defined in Minnesota Statutes, Section 469.033, which are <br />
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