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"Hazardous Substance or Substances" means any hazardous or toxic substances, materials
<br />or wastes, including, but not limited to those substances, materials, and wastes listed in the
<br />United States Department of Transportation's Hazardous Materials Table (49 CFR Part 172.101)
<br />or by the United States Environmental Protection Agency as hazardous substances (40 CFR Part
<br />302) and amendments thereto, or such substances, materials and wastes which are or become
<br />regulated under any applicable local, state, or federal law. Hazardous Substances shall include,
<br />but not be limited to: (i) oil, including but not limited to, petroleum, fuel oil, sludge, oil refuse,
<br />and oil mixed with wastes; (ii) asbestos; (iii) polychlorinated biphenyls ( "PCBs "); (iv) substances
<br />designated as a hazardous substance pursuant to Section 311 of the Clean Water Act, 33 USC §
<br />1321 or pursuant to Section 307 of the Clean Water Act, 33 USC § 1317; (v) substances defined
<br />as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act,
<br />42 USC § 6903 et seq., ( "RCRA ") as amended; (vi) substances defined as a hazardous substance
<br />pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and
<br />Liability Act, 42 USC § 9601 et seq., ( "CERCLA ") as amended; (vii) substances included as a
<br />hazardous material, substance or related material in the Hazardous Materials Transportation Act,
<br />as amended, 40 USC § 1801, et seq., as amended; or (viii) substances listed as a hazardous air
<br />pollutant pursuant to the federal Clean Air Act, 42 USC § 7401 et seq., as amended.
<br />"Indemnified Parties" means the City and their respective elected officials, officers,
<br />employees and agents.
<br />"Minimum Improvements" means a two story building of approximately 116,000 square
<br />feet, of which at least 75% of the space shall initially be used for office purposes (including
<br />office or office with lab, clean room and production space) on the Redevelopment Property,
<br />subject to changes that may result from the City approvals that Owner intends to obtain (the
<br />"Minimum Improvements ") and to commence the construction of such buildings promptly
<br />following the closing of the purchase of the Redevelopment Property. Subject to the terms of
<br />this Agreement, the construction costs of the Minimum Improvements shall be not less than
<br />$14,732,000.00 (including land, building shell, tenant improvements and soft costs); the
<br />Redeveloper has furnished a proposed concept site plan which is attached as Exhibit E.
<br />"MPCA" means the Minnesota Pollution Control Agency.
<br />"New Brighton Exchange" means the area of the City has planned for redevelopment
<br />pursuant to the Program, which generally lies at the northwest corner of the intersection of I -694
<br />and I -35W, bound by Long Lake Regional Park on the west and north; 14th Street NW on the
<br />north and the aforementioned interstate highways on the east and south; is approximately 100
<br />acres in size and which includes the Redevelopment Property.
<br />"Option Property" means the area shown on Exhibit L and legally described on Exhibit L-
<br />1, and described in Section 4.4 consisting of no less than two (2) acres and no more than 3.6
<br />acres in size as determined by the Owner.
<br />"Owner" means Cardiovascular Systems, Inc., a Delaware corporation.
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