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"Actual Cost" means the total cost of an Acquisition Improvement, as documented by the <br />Developer to the satisfaction of the Local Agency and as certified by the Local Agency Engineer <br />in an Actual Cost Certificate including, without limitation, (a) the Developer's cost of <br />constructing such Acquisition Improvement including grading, labor, material and equipment <br />costs, (b) the Developer's cost of designing and engineering the Acquisition Improvement, <br />preparing the plans and specifications and bid documents for such Acquisition Improvement, and <br />the costs of inspection, materials testing and construction staking for such Acquisition <br />Improvement, (c) the Developer's cost of any performance, payment and maintenance bonds and <br />insurance, including title insurance, required hereby for such Acquisition Improvement, (d) the <br />Developer's cost of any real property or interest therein that is either necessary for the <br />construction of such Acquisition Improvement (e.g., temporary construction easements, haul <br />roads, etc.), or is required to be conveyed with such Acquisition Improvement in order to convey <br />Acceptable Title thereto to the Local Agency or its designee, (e) the Developer's cost of <br />environmental evaluation or mitigation required for such Acquisition Improvement, (f) the <br />amount of any fees actually paid by the Developer to governmental agencies in order to obtain <br />permits, licenses or other necessary governmental approvals and reviews for such Acquisition <br />Improvement, (g) the Developer's cost for construction and project management, administration <br />and supervision services for such Acquisition Improvement, (h) the Developer's cost for <br />professional services related to such Acquisition Improvement, including engineering, <br />accounting, legal, financial, appraisal and similar professional services, and (i) the costs of <br />construction financing incurred by the Developer with respect to such Acquisition Improvement. <br />"Actual Cost Certificate" means a certificate prepared by the Developer detailing the <br />Actual Cost of an Acquisition Improvement, or an Eligible Portion thereof, to be acquired <br />hereunder, as may be revised by the Local Agency Engineer pursuant to Section 2.03. <br />"Agreement" means this Acquisition Agreement, dated as of [ ], 2020. <br />"Authority" means the California Statewide Communities Development Authority. <br />"Authority Trust Agreement" means a Trust Agreement entered into by the Authority and <br />an Authority Trustee in connection with the issuance of bonds. <br />"Authority Trustee" means the financial institution identified as trustee in an Authority <br />Trust Agreement. <br />"Available Amount" shall have the meaning assigned to the term in Recital E. <br />"Bonds" means bonds or other indebtedness issued by the Authority as tax-exempt or <br />taxable bonds or other indebtedness, in one or more series, that is to be repaid by the District. <br />"Code" means the Streets and Highways Code or the Government Code of the State of <br />California, as applicable. <br />"Developer" means [Developer], its successors and assigns. <br />"Disbursement Request Form" means a requisition for payment of funds from the <br />Acquisition and Construction Fund for an Acquisition Improvement, or an Eligible Portion <br />75B-22 <br />