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ARTICLE I <br />Definitions <br />5ection l.l. Definitions. In this Agreetrzent, unless a differe�t meaning clearly appears frorn th;e <br />context: <br />"Act" means Minnesota Statuies, Sections 469.124 to 469.134, as amended. <br />"Affiliate" means with respect to Dev�loper {a) any corparation, partriership, or other business <br />entity or persan controIling, controlled by ar under common contral with the DeveIoper, and {b) any <br />successor to such party by mergee, acquisition, reorganization or similar transaction involving aIl or <br />substantially ail of the assets of such party (or such Affiliaie). Far the purpose hereof the words <br />"con�c-olling", "controlled by" and "under common controI with" shall meaz�, with respect ta any <br />cotporation, partnership, or other business entity, the ownership af fifty percent or more of the voting <br />interests in such entity possession, directly or indirectly, of the power to direct or cause the direction af <br />management policies of such entity, whether ownership of voting securities or by contrac� or otherwise. <br />"Agreement" means this Agreement, as Yhe same tt�.ay be fram time to time modified, amended, <br />or supplemented. <br />"Authorizing Resolution" means the resolution of the City, substantially in the %rm of the <br />attached Schedule C adopted by the City Council to authorize #he issuance of the Note. <br />"Available Tax Inerement" has the meaning pravided in the Note. <br />"Business Subsidy Act" �eans Minnesota Statutes, Section 116J.943 to 11b7.995, as amended. <br />"City" means the City of Arden Hills, Minnesota. <br />"City Representative" means the City Administrator of the City of Arden Hills. <br />"Certificate of Completion" means the certifcation provided to the Developer, or the purchaser of <br />any part, parcal or unit of tk�e Development Property, pursuant to Section 4.4 of this Agreement. <br />"Closing" has the meaning provided in Section 3.5(e). <br />"Construction Plans" means the plans, speci�cations, drawings and rela�ed dacuments on the <br />construction work to be performed by the Developer on �he Development Property, including the <br />Minimum Improvements, which {a) si�all be as de�ailed as the plans, specifications, drawings and related <br />documents which are subt�itted to the appropriate building off'icials of the City, and {b} shall include at <br />least the foilowing: (1) foundation plan; {2} basement plans; {3} floor pian for each floor; {�4) cross <br />sections of each {length and width}; (5) elevations (al! sides); (6) landscape plan; and {7} such other plans <br />or supplements to the faregoing p�ans as the City may reasonably reyuest to allow it to ascertain the <br />nature and quality of the proposed construction work. In the case of Utility Improvements, the <br />Construction Plans must confor�r► to the reyuirements speci�ied in the de£�inition of those terms herein. <br />"Coun.ty" itneans the County of Ramsey, Minnesota. <br />378990v6 57B AR200-10 2 <br />