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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.
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