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"District" shall have the meaning assigned to the term in Recital C. <br />"Eligible Portion" shall have the meaning ascribed to it in Section 2.03 below. <br />"Installment Payment" means an amount equal to ninety percent (90%) of the Actual Cost <br />of an Eligible Portion. <br />"Local Agency" means the City of Santa Ana. <br />"Local Agency Engineer" means the Engineer of the Local Agency or his/her designee <br />who will be responsible for administering the acquisition of the Acquisition Improvements <br />hereunder. <br />"Project" means the Developer's development of the property in the District, including the <br />design and construction of the Acquisition Improvements and the other public and private <br />improvements to be constructed by the Developer within the District. <br />["Special Taxes" means annual special taxes, and prepayments thereof, authorized by the <br />District to be levied by the Commission of the Authority.] <br />"Title Documents" means, for each Acquisition Improvement acquired hereunder, a grant <br />deed or similar instrument necessary to transfer title to any real property or interests therein <br />(including easements), or an irrevocable offer of dedication of such real property with interests <br />therein necessary to the operation, maintenance, rehabilitation and improvement by the Local <br />Agency of the Acquisition Improvement (including, if necessary, easements for ingress and egress) <br />and a bill of sale or similar instrument evidencing transfer of title to the Acquisition Improvement <br />(other than said real property interests) to the Local Agency, where applicable. <br />Section 1.02. Participation in SCIP. [For CFDs:][The Local Agency has entered <br />into a Joint Community Facilities Agreement with the Authority for the purpose of accepting <br />applications from time to time of developers within the Local Agency's jurisdictional boundaries.] <br />Developer has applied for financing through SCIP of the Acquisition Improvements, and such <br />application has been approved by the Local Agency. Developer and Local Agency agree that until <br />and unless such financing is completed by the Authority and the Available Amount is deposited in <br />the Developer Acquisition Account, neither the Developer nor the Local Agency shall have any <br />obligations under this agreement. Developer agrees to cooperate with the Local Agency and the <br />Authority in the completion of SCIP financing for the Acquisition hnprovements. <br />Section 1.03. Deposit and Use of Available Amount. <br />(a) Upon completion of the SCIP financing, the Available Amount will be <br />deposited by the Authority in the Acquisition Account. <br />(b) The Authority will cause the SCIP Trustee to establish and maintain the <br />Acquisition Account for the purpose of holding all funds for the Acquisition Improvements. All <br />earnings on amounts in the Acquisition and Construction Fund shall remain in the Acquisition and <br />Construction Fund for use as provided herein and pursuant to the Authority Trust Agreement. <br />Money in the Acquisition and Construction Fund shall be available to respond to delivery of a <br />