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"Plans and Specifications" shall mean the designs, plans and specifications for the Public <br />Improvements prepared or to be prepared by engineering and landscape architect firms at the <br />direction of Developer in accordance with the Project Plan and as approved by the City in <br />accordance with Section 4.2. <br />"Pledged Available Tax Increment" shall mean the Available Tax Increment attributable <br />to the Project Site. <br />"Property Account" means an account within the Tax Increment Revenue Fund for <br />deposit of Pledged Available Tax Increment, the proceeds of Authorized Bonds issued to finance <br />Public Improvements pursuant to this Agreement, and other obligations issued pursuant to <br />Article 6, and earnings from the investment of such amounts. <br />"Project Costs" shall mean the cost of the Public Improvements. <br />"Project Site" shall mean that certain tract of land located along Wharton Weems Blvd. <br />and Hwy 146 in LaPorte, Harris County, Texas being approximately 56.7 acres as depicted on <br />Exhibit A and all improvements located thereon, which such tract shall be the location where <br />the Project will be developed. <br />"Public Improvements" shall have the meaning provided in Article 3 of this Agreement. <br />"State" shall mean the State of Texas. <br />"Tax Increment" shall have the meaning given such term in the Tri-Party Agreement. <br />"Tax Increment Revenue Fund" shall mean the special fund established by the Authority <br />and funded with payments made by the City and any other participating Taxing Units, pursuant <br />to the Tri-Party Agreement. <br />"Taxing Unit" shall mean individually and collectively, the City, La Porte Independent <br />School District, and any other taxing units participating in the Zone. <br />1.2 Singular and Plural. Words used herein in the singular, where the context so <br />permits, also include the plural and vice versa. The definitions of words in the singular herein <br />also apply to such words when used in the plural where the context so permits and vice versa. <br />ARTICLE 2 <br />REPRESENTATIONS <br />2.1 Representations of the Authority. The Authority hereby represents to the <br />Developer that: <br />(A) The Authority is duly authorized, created and existing in good standing <br />under the laws of the State and is duly qualified and authorized to carry on the <br />governmental functions and operations as contemplated by this Agreement. <br />3 <br />011782.0153271 EMF US 84032577v2 <br />