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8 <br /> <br /> “Site Plan” means the plan attached hereto as Exhibit E showing the proposed nature and <br />location of the Minimum Improvements. <br /> <br /> “State” means the State of Minnesota. <br /> <br /> “Tax Increment” means the real estate taxes paid on property in the Tax Increment <br />District which is remitted to the City as tax increment pursuant to the Tax Increment Act. <br /> <br /> “Tax Increment Act” means Minnesota Statutes Sections 469.174 et seq., Laws of <br />Minnesota 1998, Chapter 389, Article 11, Section 24 and any other special law. <br /> <br /> “Tax Increment District” means a tax increment financing district that includes the <br />Redevelopment Property and which has been approved and adopted by the Council within the <br />Development District pursuant to the Tax Increment Act. <br /> <br /> “Tax Increment Plan” means the tax increment financing plan adopted by the City in <br />connection with the creation of the Tax Increment District. <br /> <br /> “Tax Official” means any City Assessor, County Assessor, County Auditor, City, County or <br />State board of equalization, the Commissioner of Revenue of the State, any State or District Court, <br />the tax court of the State, the State Court of Appeals or the State Supreme Court. <br /> <br /> “Termination Date” means the termination date of this Agreement, which shall be the <br />earliest of: (i) the date of termination of the Tax Increment District or (ii) the date on which this <br />Agreement is earlier terminated pursuant to Sections 9.2 or 9.3.. <br /> <br />“Title Company” shall mean Land Title, 2200 W. County Road C, Suite 2205, Roseville, <br />MN 55113, Attn: Larry Mountain. <br /> <br />“Unavoidable Delays” means delays which are the direct result of strikes or other labor <br />troubles, unforeseeable and unavoidable casualties to the Redevelopment Property or the Project, <br />governmental actions, judicial action commenced by third parties, the implementation of an <br />environmental agency-approved work plan for remediation, severe weather, acts of God, fire or <br />other casualty, site conditions materially different from those revealed in any report or test <br />provided to or obtained by the Developer or any other causes which the Developer could not <br />reasonably control or circumvent. <br /> <br /> <br />ARTICLE II <br /> <br />REPRESENTATIONS, WARRANTIES AND COVENANTS <br /> <br /> Section 2.1. Representations and Covenants by the City. The City represents and <br />warrants that: <br />