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3 <br /> <br />1.5. CITY WARRANTIES. "CITY WARRANTIES" means all CITY <br />WARRANTIES identified in Article 12 of this DEVELOPMENT AGREEMENT. <br /> <br />1.6. COUNCIL. "COUNCIL" means the Council of the City of Little Canada. <br /> <br />1.7. COUNTY. "COUNTY" means Ramsey County, Minnesota. <br /> <br />1.8. DEVELOPER. "DEVELOPER" means U.S Home, LLC, a limited liability <br />company or successors or assigns. <br /> <br />1.9. DEVELOPER DEFAULT. "DEVELOPER DEFAULT" means and includes, <br />jointly and severally, any of the following or any combination thereof: <br /> <br />a) failure by the DEVELOPER to timely pay the CITY any money required to be paid <br />under the DEVELOPMENT AGREEMENT; <br /> <br />b) failure by the DEVELOPER to timely construct the DEVELOPER IMPROVEMENTS <br />according to the DEVELOPMENT PLANS and the CITY standards and specifications; <br /> <br />c) failure by the DEVELOPER to observe or perform any covenant, condition, obligation <br />or agreement on its part to be observed or performed under this DEVELOPMENT <br />AGREEMENT; <br /> <br />d) breach of the DEVELOPER WARRANTIES. <br /> <br />1.10. DEVELOPER IMPROVEMENTS. "DEVELOPER IMPROVEMENTS" <br />means and includes, individually and collectively, all the improvements identified in Article 4. <br /> <br />1.11. DEVELOPER WARRANTIES. "DEVELOPER WARRANTIES" means all <br />DEVELOPER WARRANTIES identified in Article 10 of this DEVELOPMENT <br />AGREEMENT. <br /> <br />1.12. DEVELOPMENT AGREEMENT. "DEVELOPMENT AGREEMENT" <br />means this instant agreement by and among the CITY and DEVELOPER. <br /> <br />1.13. DEVELOPMENT PLANS. "DEVELOPMENT PLANS" means all the street <br />infrastructure, utility and grading plans, drawings, specifications, and surveys prepared by <br />WSB, hereby incorporated by reference and made a part of this DEVELOPMENT <br />AGREEMENT. <br /> <br />1.14. DEVELOPMENT PROJECT. "DEVELOPMENT PROJECT" means a <br />residential development to be known as Pioneer Commons 1st Addition that will be constructed <br />on the DEVELOPMENT PROPERTY that is substantially in conformance with the FINAL <br />PLAT. <br /> <br />1.15. DEVELOPMENT PROPERTY. "DEVELOPMENT PROPERTY" means <br />that real property legally described on Exhibit A, attached hereto, upon which the <br />DEVELOPMENT PROJECT will be constructed. <br /> <br />1.16. FINAL PLAT. "FINAL PLAT" means the FINAL PLAT, approved by the <br />COUNCIL on October 26, 2022, attached hereto as Exhibit B. <br />