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"Developer's Minimum Improvements Property" means the real property so described in
<br /> Exhibit D attached hereto.
<br /> "Development Program" means the Development Program for Development District No.
<br /> 1, and as it may be amended.
<br /> "Event of Default" means an action by Developer, or the City, as applicable, as set forth
<br /> in Article IX of this Agreement.
<br /> "Hazardous Materials" includes, without limitation, gasoline, petroleum products,
<br /> explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic
<br /> substances, polychlorinated biphenyls or related or similar materials, asbestos or any material
<br /> containing asbestos, or any other substance or material as may be defined as a hazardous or toxic
<br /> substance by any federal, state or local environmental law, ordinance, rule, or regulation
<br /> including, without limitation, the Comprehensive Environmental Response, Compensation, and
<br /> Liability Act of 1980, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials
<br /> Transportation Act, as amended (42 U.S.C. Section 1801, et seq.), the Resource Conservation
<br /> and Recovery Act, as amended (42 U.S. C. Section 1251, et seq.), the Clean Air Act, as amended
<br /> (42 U.S.C. Section 7401, et seq.) and in the regulations adopted and publications promulgated
<br /> pursuant thereto.
<br /> "Holder" means the owner of a Mortgage.
<br /> "Mortgage" means any mortgage made by Developer which is secured, in whole or in
<br /> part, with the Developer's Minimum Improvements Property, and any modification, supplement,
<br /> extension, renewal or amendment thereof.
<br /> "New Resources Property" means the real property so described in Exhibit B attached
<br /> hereto.
<br /> ,,Project" means the construction by the Developer of a new light maintenance facility
<br /> with related office and storage space, parking, and street access on the Developer's Minimum
<br /> Improvements Property.
<br /> "Public Improvements" means the construction by the City, as further provided herein, of
<br /> the Retention Pond, as defined in Section 4.5(b), and of the New 61/2 Street, as defined in Section
<br /> 4.5(c).
<br /> "Public Improvement Property" means the real property so described in Exhibit C
<br /> attached hereto.
<br /> "Revised Drawings" means the Revised Layout Drawing dated November 16, 2017 by
<br /> Oliver Survey and Engineering, Inc., consisting of 5 pages and attached hereto as Exhibit E.
<br /> "State" means the State of Minnesota.
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<br /> 512017v5 JSB BL185-52
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