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__ _.. __ ___ _ ARTICLE I Defini#ions Section �.1. Definitior�s. In this Agree�nent, unless a different rr�eaning clearly appears iror�t the context: "Act" zneans Minnesota Statutes, Sections 469.124 to 464.I34, as arnended. "Affiliate" means with respect to Developer (a) any corporation, partnership, or other business entity or perso�� con#rolling, controlled by or under common co�ttrol with the Developer, and (b) any successor to such parry by merger, acquisition, reorganiza#ion ar siznilar transaction involving aI1 or substantially all of the asse#s of such party (or s�ch Afflia#e). For the purpase hereai the words "contralling", "controlled by" and "wzder comrnon control with" shall mean, wi#h respect to any corporation, part��ership, ar other business entity, the ownersl�ip of �fty percent or mare of the voting i3�terests in such entity possession, directly or indirectIy, of the power ta direci or cause the directiort of managemen# policies af sucl� entity, whether ownership of voting securities or by contract or atherwise. "Agreement" means this Agreeme�t, as the sart�e may be frorn tirne to time `modified, afnend�d, or supplemented. "Authorizing Resalution" �eans the resolution of ihe City, substantially in the form of the attached Schedule C adopted by the City Council to authorize the issuanee of the Note. "Available Tax Increme�zt" �as the meaning provided in the Nate. "Business Subsicfy Act" means Mi��nesota Statutes, Section 1 I6.T.993 to I 163.995, as amended. "City" means the City of Arden Hiils, Minnesota. "City Representative" means the City Administrator of the City of Arde►� Hills. "Certificate of Compietion" means the certification provided to the DeveIoper, or Ehe purchaser of any part, parcel or unit of the Development Property, pursuant to Seciion 4.4 af this Agreement. "Ciosing" l�as the rneaaing provided in 5ection 3.5(e). "Construction Plans" rneans the ptans, specifcations, drawings and related documents on the constructian work to be perforrried by the Developer o�i the Development Praperty, including the Minimum improvements, which (a) shall be as detaiied as the plans, specifications, drawings and related dac�ments which are submitted to the appropriate building offcials of tl�e City, and (b} shaIl include at least the #'ollowing: (1) foundation p�an; (2} basement plans; (3) floor pian for each floor; (4) cross sections of each (length and width); (5) ele�ations (all sides); (6) landscape plan; and (7) s�ch other p�ans or supp�ements to the foregoing plans as the City rt�ay reasonabIy request to allow it to ascertain the nature and qua}ity of the proposed eonstruction work. In the case of Utility Improvements, the Construction Plans rr�ust conform to the requirements spe�ified in the de�nition of t�►ose terrns herein. "County" rnea�s tl�e County of Ramsey, Minnesota. 378990v�0 SJB AR20D-]0 2