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DEFINITIONS <br /> Section 2.01. "Building Improvements" means at least a 98,296 square foot distribution <br /> facility located on the Land(defined below) with a minimum capital_investment of']6445_m-ih_i_on. <br /> The Building Improvements shall be constructed in substantial accordance with the site plan and <br /> images shown in Exhibit "A," attached hereto and made a part hereof for all purposes. <br /> Notwithstanding the foregoing, the City Manager of the City, or her designee, may approve <br /> modifications to the specifications for the Building Improvements necessary for the Building <br /> Improvements to comply with applicable building codes and ordinances. City will waive the <br /> sidewalk construction requirement and fee-in-lieu, subject to developer financing pedestrian <br /> access abatement(fences, gates)to the City Police Firing Range. <br /> Section 2.02. "Grant Payments"means the City's annual payments to the Developer for a <br /> period of three years during the Term of amounts equal to a percentage of Real Property Taxes <br /> paid by Developer and received by the City in the manner provided in this Agreement below. <br /> Section 2.03. "Land" means the tract(s) of real property and improvements thereon, as <br /> shown in the survey in Exhibit `B," attached hereto and made a part hereof upon which the <br /> Building Improvements will be constructed. <br /> Section 2.04. "Real Property Taxes"in any given year during the Term of this Agreement <br /> means those ad valorem taxes assessed and collected by the City on the Land that are attributable <br /> solely to the Building Improvements. <br /> Section 2.05. "Tax Office"means the Hays County Tax Assessor-Collector. <br /> Section 2.06. The "Term" of this Agreement shall commence on the Effective Date and <br /> continue until the date that the third Grant Payment is due and finally paid, or such earlier date of <br /> termination as provided under this Agreement. The Developer shall have one (1) year from the <br /> 2 <br />