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1.1.16. "Owner" means the persons and entities listed as Owner on page 1 of this
<br />Agreement and their successors in interest to all or any part of the Property.
<br />1.1.17. "Ministerial Approval," or "Ministerial Act' means the nondiscretionary permits,
<br />plans, inspections, certificates, documents and licenses required to be taken, issued, or approved
<br />by the City in order for Owner to develop the Project, including, without limitation, building
<br />permits, grading permits, Development Project Review Approvals, and other similar permits and
<br />approvals. Any approval or act that is not a Discretionary Approval is a Ministerial Approval.
<br />1.1.18. "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of
<br />trust or any other security -device lender, and their successors and assigns.
<br />1.1.19. "Net New" square footage means square footage constructed in excess of the
<br />redevelopment of the central box (i.e., the space previously occupied by Nordstrom), the
<br />construction of the Central Plaza, and the first 75,000 square feet of a large -format entertainment
<br />use and associated parking and site improvement. For purposes of clarity, in the event Owner
<br />develops a large -format entertainment use in excess of 75,000 square feet, or develops a second
<br />large -format entertainment use, all said development in excess of the first 75,000 square feet shall
<br />constitute "Net New" square footage.
<br />1.1.20. "Project' means the development of the Property in the City that is known as the
<br />MainPlace Mall and that is more specifically described in Exhibits "A" and "B," as contemplated
<br />by the Development Plan as such Development. Plan may be further defined, enhanced, or
<br />modified pursuant to the provisions of this Agreement.
<br />1.1.21, "Project Approvals" means all site -specific (meaning specifically applicable to
<br />the Project only and not generally applicable to some or all other properties within the City)
<br />plans, maps, permits, and entitlements to use of every kind and nature that are sought or agreed to
<br />in writing by Owner in its sole and absolute discretion for Development of the Project and that
<br />are approved by the City. Project Approvals include, but are not limited to, general plan
<br />amendments, specific plan approvals or amendments, site plans, development project review
<br />approvals, tentative and final subdivision maps, design guidelines, variances, zoning
<br />designations, conditional use permits, grading, building, and other similar permits, the site -
<br />specific provisions of general plans, environmental assessments, including environmental impact
<br />reports and negative declarations.
<br />1.1.22. "Property" means the real property described on Exhibit "A" and shown on
<br />Exhibit `B" to this Agreement.
<br />1.1.23. "Public Benefit" refers to those benefits provided to the City and the community
<br />by Owner pursuant to Section 4 below.
<br />1.1.24. "Reservation of Rights" means the rights and authority excepted from the
<br />assurances and rights provided to Owner under this Agreement and reserved to City under
<br />Section 3.3 of this Agreement.
<br />1.1.25. "Term" has the meaning ascribed thereto in Section 2.4.1 below.
<br />1.2. Exhibits.. The following documents are attached to, and by this reference made a part of,
<br />this Agreement:
<br />-4-
<br />55394.00053\31891805.16
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