Agenda - Council Work Session - 08/13/2013

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ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Development Agreement, as the same may be from time to time modified, amended or supplemented. "Articles and Sections" mentioned by number only are the respective Articles and Sections of this Agreement so numbered. "Certificate of Completion" means the certification provided to the Developer or its successors or assigns pursuant to Section 3.4 of this Agreement upon satisfactory completion of the Improvements. "City" means the City of Anoka, Minnesota. "City Improvements" means those improvements to or serving the Property to be performed by the City, as more fully set forth under Article VII of this Agreement. "Construction Plans" means the plans, specifications, drawings and related documents prepared by registered architects or engineers for all construction work to be performed by the Developer on the Property, including all on -site improvements to be performed, installed or constructed upon the Property, pursuant to this Agreement. Such plans shall, at a minimum, include the level of detail required for issuance of building permits by the City. "Developer's Improvements" means those improvements to or serving the Property to be performed by the Developer, as more fully set forth under Article IV and V of this Agreement "Event of Default" shall have the meaning set forth in Section 16.1 of this Agreement. "Improvements" means the site preparation, grading, landscaping, streets, sidewalk, and utility installation, in accordance with the approved Construction Plans for the Improvements and pursuant to the terms of this Agreement. "Minnesota Environmental Rights Act" means the statutes located at Minnesota Statutes Sections 116B.01 et seq., as amended. "Party" means either the Developer or the City. "Parties" means the Developer and the City. 2