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Sent by: DRB MINNEAPOLIS 6123405584; 05/07/98 12:52; Jet #801 ;Page 7 <br /> • office/warehouse/trucking facility, which proposal involves the Authority's use of tax increment <br /> pursuant to this Agreement to reimburse the Developer for certain costs of preparing the <br /> Development Property for development; and <br /> WHEREAS,the Authority believes that remediation of existing conditions on the Current <br /> Site and development of the Development Property pursuant to the Developer's proposal, and the <br /> fulfillment generally of this Agreement, are in the vital and best interests of the City and the health, <br /> safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of <br /> the applicable State and local laws and requirements under which the Project has been undertaken and <br /> is,therefor, willing to provide the financial assistance outlined herein. <br /> NOW, THEREFORE, in consideration of the premises and the mutual obligations of the <br /> parties hereto, each of them does hereby covenant and agree with the other as follows: <br /> ARTICLE L <br /> Definitions <br /> Section 1.1 Definitions. In this Agreement, unless a different meaning clearly appears from <br /> the context: <br /> • <br /> "Agreement" means this Agreement, as the same may be from time to time modified, <br /> amended, or supplemented. <br /> "Assessment Agreement"means the agreement in the form of Schedule D attached hereto to <br /> be entered into between the Authority and Developer pursuant to Section 6.2 of this Agreement. <br /> "Authority" means the Economic Development Authority In and For the City of Elk River, <br /> or any successor or assign. <br /> "City" means the City of Elk River. <br /> "Construction Plans"means the plans, specifications, drawings and related documents for the <br /> construction work to be performed by the Developer on the Development Property, which shall be <br /> as detailed as the documents to be submitted to the City in connection with conditional use permit <br /> approval for development of the Minimum Improvements and shall include a Landscape Plan. <br /> "County" means the County of Sherburne. <br /> "Current Site" means the real property containing the location of Developer's business <br /> operations as of the date of this agreement (809 Jackson Avenue, Elk River, Minnesota 55330), as <br /> • described in Schedule B of this Agreement. <br /> BcckP 548664.7 2 <br />