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2007-02-07 WS
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2007-02-07 WS
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2/12/2007 2:55:45 PM
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<br />Section 1.1. Definitions. All capitalized terms used and not otherwise defined herein <br />shall have the following meanings unless a different meaning clearly appears from the context: <br /> <br />"Agreement" means this Agreement, as the same may be from time to time modified, <br />amended or supplemented in accordance with its terms; <br /> <br />"City" means the City of Centerville, Minnesota; <br /> <br />"Construction Plans" means collectively the Construction Plans for any Project(s) and <br />shall included but not be limited to the plans, specifications, drawings and related documents of <br />the construction work to be performed by the Developer on the Development Project and the <br />plans (a) shall be as detailed as the plans, specifications drawings and related documents which <br />are submitted to the building inspector of the City, and (b) shall include at least the following: <br />(1) site plan; (2) foundation plan; (3) floor plan for each floor; (4) cross sections of each (length <br />and width); and (5) elevations (all sides); <br /> <br />"County" means the County of Anoka; <br /> <br />"Developer" means Centerville Mainstreet, LLC, its successors and assigns; <br /> <br />"Development Property" means the real property identified on Exhibit A-I and pictured <br />on Exhibit A-2; <br /> <br />"Event of Default" means any of the events described in Section 10.1; <br /> <br />"First Mortgage" means any Mortgage which Developer purchases the Development <br />Property subject to or any Mortgage granted to secure any loan made pursuant to either a <br />mortgage commitment obtained by the Developer from a commercial lender or other financial <br />institution to purchase the Development Property or fund any portion of the construction costs <br />and initial operating capital requirements of the Minimum Improvements, or all such Mortgages <br />as appropriate; <br /> <br />"Minimum Improvements" means collectively the Minimum Improvements for the entire <br />Development Project; <br /> <br />"Mortgage" means any mortgage or security agreement in which the Developer has <br />granted a mortgage or other security interest in the Development Property, or any portion or <br />parcel thereof, or any improvements constructed thereon, and which is a permitted encumbrance; <br /> <br />"Net Proceeds" means any proceeds paid by an insurer to the Developer, the City or the <br />City under a policy or policies of insurance required to be provided and maintained by the <br />Developer and remaining after deducting all expenses (including fees and disbursements of <br />counsel) incurred in the collection of such proceeds; <br /> <br />5 <br />
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