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1.1.19. "Ground Lease" means the long term ground lease to be entered into by and
<br />between the Fee Owners, as ground lessors, and Owner, as ground lessee.
<br />1.1.20. "Land Use Regulations" means all ordinances, laws, resolutions, codes, rules,
<br />regulations, policies, requirements, guidelines, or other actions of City, including but not limited
<br />to the provisions set forth in the City's General Plan, Municipal Code, that affect, govern, or
<br />apply to the Development of the Project and use of the Property in a manner consistent with this
<br />Agreement, including, without limitation, the permitted use of land, the density or intensity of
<br />use, subdivision requirements, the maximum height and size of proposed buildings, the
<br />provisions for reservation or dedication of land for public purposes, and the design,
<br />improvement and construction standards and specifications applicable to the Development of the
<br />Property, subject to the terms of this Agreement, whether adopted by the City Council or the
<br />voters in an initiative. "Land Use Regulations" does not include any City ordinance, resolution,
<br />code, rule, regulation or official policy, governing:
<br />(a) the conduct of businesses, professions, and occupations;
<br />(b) taxes (special or general) and assessments;
<br />(c) the control and abatement of nuisances;
<br />(d) the granting of encroachment permits and the conveyance of rights and
<br />interests that provide for the use or the entry upon public property;
<br />(e) the exercise of the power of eminent domain.
<br />1.1.21. "Leasehold Estate" means the leasehold estate to be created under the Ground
<br />Lease.
<br />1.1.22. "Owner" means RCR or, as to each Project Phase that is the subject of a Sub
<br />Ground Lease, the Sub Ground Lessee under such Sub Ground Lease, and their successors in
<br />interest to all or any part of the applicable leasehold estate.
<br />1.1.23. "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 />1.1.24. "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 />1.1.25. "Project" means the development of the Property, as more specifically described
<br />in Exhibit "A" and shown on Exhibit "B," pursuant to the Project Approvals and the
<br />Development Plan, as such Development Plan may be further defined, enhanced, or modified
<br />pursuant to the provisions of this Agreement.
<br />1.1.26. "Project Open Space" means the approximately 13.1 acres of publicly accessible
<br />open -space areas, as defined in the Specific Plan, to be ground leased and maintained by Owner.
<br />-4-
<br />Exhibit 4
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