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07-23-2003 Council Agenda
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07-23-2003 Council Agenda
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DEVELOPMENT AGREEMENT <br />1. PARTIES AND EFFECTIVE DATE. The Parties to this Agreement are the <br />Economic Development Authority of the City of Little Canada, a body corporate and public <br />established under Minnesota Statutes Ch. 469 (the "EDA ") and The Villas at Little Canada LLC, <br />a Minnesota limited liability company ( "Developer "). This Agreement is made and is effective <br />as of the day of , 2003. <br />2. DEFINITIONS. Unless otherwise defined in this Agreement, Capitalized words <br />and phrases used in this Agreement have the meanings attributed to them in this Section 2. In <br />the event of a conflict between a definition set forth in this Section 2 and a definition appearing <br />within a specific section or within an Exhibit that is a part of this Agreement, the definition set <br />forth in a particular section or on a particular Exhibit controls for purposes of that section or <br />Exhibit and the definition set forth in this Section 2 controls for all other portions of this <br />Agreement. <br />1450998v8 <br />2.1. "Agreement" means this Development Agreement, and all Exhibits to this <br />Development Agreement, as the same may be modified, amended or supplemented from <br />time to time. <br />2.2. "Assessment Agreement" means the Assessment Agreement described in <br />Section 7. A pro forma Assessment Agreement is attached as Exhibit B. <br />2.3. "Business Day" means any day except a Saturday, Sunday or a legal <br />holiday or a day in which banking institutions in the City are authorized by law or <br />executive order to close. <br />2.4. "Certificate of Completion and Release" means a certificate in the form <br />attached as Exhibit C. <br />2.5. "City" means the City of Little Canada. <br />2.6. "Construction Schedule" means the schedule for the Developer's <br />completion of the Minimum Improvements that is attached as Exhibit D. <br />2.7. "Construction Plans" means the plans, specifications and related <br />documents, entitled July 9, 2003 Permit Issue Plans, the Developer has submitted to the <br />EDA. <br />2.8. "County" means Ramsey County, Minnesota. <br />2.9. "Developer" means The Villas at Little Canada LLC, a Minnesota limited <br />liability company. <br />2.10. "Development Property" means the real property described on Exhibits A- <br />1 and A -2 and any improvements now or hereafter located thereon, including, but not <br />limited to, the Minimum Improvements. The Development Property consists of the <br />Mellgren Property and the Rutzik/Cardinal /Venetian Property. <br />4 <br />
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