Laserfiche WebLink
<br />"Architect", if any - means Not Applicable, which will administer the Construction <br />Contract Documents on behalf of the Public Entity. <br /> <br />"Code" - means the Internal Revenue Code of 1986, as amended from time to time, <br />and all treasury regulations, revenue procedures and revenue rulings issued pursuant <br />thereto. <br /> <br />"Commissioner of Finance" - means the State of Minnesota acting through its. <br />Commissioner of Finance, and any designated representatives thereof. <br /> <br />"COlmnissioner's Order" - means that certain "Order Amending Order of the <br />Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" <br />executed by the Commissioner of Finance on July 20, 1995. <br /> <br />"Completion Date" - means December 31, 2008 the date of projected completion of <br />the Project as specified in the Construction Contract Documents. <br /> <br />"Contractor" - means any person engaged to work on or to furnish materials and <br />supplies for the Project including, if applicable, a general contractor. <br /> <br />"Construction Contract Documents" - means the document or documents, in form and <br />substance acceptable to the State Entity, including but not limited to any construction plans <br />and specifications and any exhibits, amendments, change orders or supplements thereto, <br />which collectively form the contract between the Public Entity and the Contractor or <br />Contractors concerning the Project and which provide for the completion of the Project on <br />or before the Completion Date for either a fixed price or a guaranteed maximum price. <br /> <br />"Declaration" - means a declaration, or declarations, in the form as Attachment I to <br />this Agreement and all amendments thereto, indicating that the Public Entity's interest in <br />the Real Property and, if applicable, the Facility is bond financed property within the <br />meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed <br />thereby. <br /> <br />"Event of Default" - means those events delineated in Section 2.05. <br /> <br />"Facility", if applicable, - means City of Centerville City Park, which is located, or <br />will be constructed and located, on the Real Property. <br /> <br />"Fair Market Value" - means either (i) the price that would be paid by a willing and <br />qualified buyer to a willing and qualified seller as determined by an appraisal which <br />assumes that all mortgage liens or encumbrances on the property being sold, which <br />negatively affect the value of such property, will be released, or (ii) the price bid by a <br />purchaser under a public bid procedure after reasonable public notice, with the proviso that <br />all mortgage liens or encumbrances on the property being sold, which negatively affect the <br />value of such property, will be released at the time of acquisition by the purchaser. <br /> <br />"G.O. Bonds" - means the state general obligation bonds issued under the authority <br />granted in Article XI, S 5( a) of the Minnesota Constitution the proceeds of which are used <br />to fund the Grant or any bonds issued to refund or replace such bonds. <br /> <br />City of Centerville City Park <br />9/11/2006 <br /> <br />4 <br /> <br />21/ <br />