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<br />ARTICLE II <br />DEFINITIONS <br /> <br />As used in the Agreement the following terms shall have the meaning set opposite each: <br /> <br />"City" is the City of Sunny Isles Beach, Florida, unless otherwise stated herein all submissions <br />and approvals shall be made to and by the City Manager or designee. <br /> <br />"City's Representative "means the City Manager or designee. <br /> <br />"Declaration of Covenants and Restrictions" shall mean the declaration of covenants and <br />restrictions to be agreed to between the City and the Developer in respect to certain maintenance <br />obligations and access easements for the Project. <br /> <br />"Developer" shall mean 4M Investors, LLC, a Florida Limited Liability Company, or any <br />successors or assigns. <br /> <br />"Developer Parcels" shall have the meaning set forth in Section 3.2 of this Agreement. <br /> <br />"Improvements" shall mean the Infrastructure Improvements and Vertical Improvements <br />constructed by the Developer, which shall consist of a parking garage, a park and an Aquarium <br />Entertainment Center. <br /> <br />"Ground Lease Agreement" shall mean the thirty (30) year ground lease agreement that shall be <br />agreed to between the City and the Developer in respect to the Land, the business terms of which <br />will be summarized in a Memorandum of Lease. <br /> <br />"Land" shall mean the property to be leased to the Developer for construction and development <br />of that portion of the Project and as legally described property owned by the City for the park <br />and parking garage in Exhibits "A" and "B" of this Agreement. <br /> <br />"Parking Garage" shall have the meaning set forth in Section 4.3. <br /> <br />"Park" shall have the meaning set forth in Section 4.3 of this Agreement. <br /> <br />"Project" The Project shall consist of a three hundred eight (308) space parking garage with a <br />minimum of 19,000 square feet of commercial retail space, a public park built on 1.5 acres and <br />an aquatic entertainment complex and other infrastructure and amenities as described in <br />preliminary plans set forth in Exhibit "C". <br /> <br />"Plans and Specifications" shall mean the documents required for the construction of the Vertical <br />Improvements and Infrastructure Improvements required by the City to obtain all building, <br />engineering or other permits required to construct which Plans and Specifications, as approved <br />by the City, are incorporated herein by reference and made a part hereof, including any <br />modifications thereto approved the City, as applicable. <br /> <br />2 <br />