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FULL PACKET_2019-06-18
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FULL PACKET_2019-06-18
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6/17/2019 9:50:45 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
6/18/2019
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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 nondiserctionary 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 construction of a large -format entertainment use and <br />associated parking and site improvement. <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 <br />contemplated by the Development Plan as such Development Plan may be further defined, <br />enhanced, or modified pursuant to the provisions of this Agreement. <br />L 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 <br />to in writing by Owner in its sole and absolute discretion for Development of the Project and <br />that 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 Aereement <br />Exhibit "A" — Legal Description of the Property <br />Exhibit "B" — Map showing Propertv and its location <br />-4- <br />11 B-17 <br />
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