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41 <br /> <br />Inc., being the person, persons, or entity having a legal or equitable interest in the Property, and <br />includes Kaiser Foundation Health Plan, Inc.'s successors in interest. <br /> <br />2.3 '`property" is the real property described in Exhibit A and referred to in <br /> <br />Exhibit B. <br /> <br /> 2.4 "Project" is the development of the Property as generally set forth in GPA <br />No. 98-04, AA No. 98-11 for the change of zoning district, and the Project Description as set <br />forth in the negative declaration for the Project. <br /> <br /> 2.5 Storm Drain Locational Plan means the conceptual Storm Drain Plan .. <br />attached hereto as Exhibit C. The parties recognize that the Storm Drain Locational Plan sets <br />forththe.public.facilities whicia will be rec~uj, re,d. for the ultimate build-out of the City's M~ster Plan . <br />~ D~ain'age'o .'~'h~ ~e~leral ~.esdfi~tibn~ ~'roe:e'~s ail~t'all~cation of cost~ contained in the S~orgn ' :~' <br />Drain Locational Plan are further explained and identified in this Agreement as Exhibit C attached <br />hereto and incorporated herein. <br /> <br /> 3. EXHIBITS. The following documents referred to in the Agreement are attached <br />to this Agreement and are identified as follows: <br /> <br />Exhibit Referred to <br />Designation Description in Section <br /> <br />A <br /> <br />Property Legal Description <br /> <br />1.2 <br /> <br />B <br /> <br />Property Graphical Description (Site Plan) <br /> <br />1.2 <br /> <br />C <br /> <br />Storm Drain Locational Plan <br /> <br />2.5 <br /> <br />4. GENERAL PROVISIONS. <br /> <br /> 4.1 Property Subject to the Agreement. Until released pursuant to the <br />provisions of Section 9.3 below, no property shall be released from this Agreement until Property <br />Owner has fully performed its obligations arising out of the Agreement. <br /> <br /> 4.2 Duration of Agreement. The term of the Agreement shall commence on, <br />and the effective date of the Agreement shall be, the effective date of City Ordinance No. <br /> as set forth in Section 1.6 above, and the term shall extend for a period of six (6) <br />~ears following the effective date unless the Agreement is earlier terminated, or its term modified <br />of fully executed by both parties; provided, however, that nothing herein is intended nor shall it be <br />interpreted to extend the period of validity of any approval issued in conjunction with the City's <br />Development Project Plan process or building permit, beyond local requirement. <br /> <br /> 4.3 Assignment. Owner shall have the right to transfer or assign the Property, <br />in whole or in part, to any person, entity (public or private), partnership, joint venture, fLrm or <br />corporation at any time during the term of this Agreement; provided, however, the fights of <br />Owner under this Agreement may not be transferred or assigned unless the written consent of the <br /> <br />3 <br /> <br /> <br />