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<br />Agreement. On June 20, 2005, the City Council of the City of Santa Ana ("Council"), after <br />providing notice as required by law, held a public hearing to consider the Owner's application for <br />this Agreement. <br /> <br />1.5 Council Findings. The Council finds that this Agreement is consistent with <br />the General Plan, applicable Specific Planes) as well as all other applicable ordinances, plans, <br />policies and regulations of the City. <br /> <br />1.6 City Ordinance. On July 5, 2005, the Council adopted Ordinance <br />No. NS-2691 approving this Agreement. The ordinance becomes effective thirty (30) days thereafter <br />(the "Effective Date"). <br /> <br />2. DEFINITIONS. In the Agreement, unless the context otherwise requires: <br /> <br />2.1 "Affiliate" means any entity of which not less than fifty percent (50%) is <br />owned by (i) Owner and/or its managing member and/or Nexus, in the case of Owner or (ii) Integral <br />or the principal shareholders ofIntegral, in the case ofIntegral. <br /> <br />2.2 "Agreement" means this Development Agreement, including all exhibits <br />attached hereto and all amendments and modifications thereto. <br /> <br />2.3 <br />of this Agreement. <br /> <br />"Annual Review" means the annual review process as described in Section 6 <br /> <br />2.4 "Applicable Rules" means all rules, regulations, ordinances and official <br />plans and policies of the City in force as of the Effective Date as included within the SAMC, this <br />Agreement and the Entitlements. <br /> <br />2.5 "Applicable Processing Fees and Charges" means all processing fees and <br />charges required by the City uniformly in connection with all new construction, including, but not <br />limited to, fees for land use applications, project permits, building applications, building permits, <br />grading permits, encroachment permits, tract or parcel maps, lot line adjustments, air right lots, street <br />vacations, certificates of occupancy and other similar permits. Applicable Processing Fees and <br />Charges shall not include Development Impact Fees or any exaction, impact fee, sharing fee or other <br />fee or charge that is in the nature of a Development Impact Fee. <br /> <br />2.6 "Avigation Easement" means the Avigation Easement attached hereto as <br />Exhibit E and incorporated herein by reference. <br /> <br />2.7 "Breach" is defined in Section 7.2. <br /> <br />2.8 "Cinema Tower" is defined Section 2.43. <br /> <br />2.9 "City Agency" means each and every agency, department, board, <br />commission, authority, employee, and/or official acting under the authority of the City, including <br />without limitation the City Council and the Planning Commission. <br /> <br />2.10 "City Attorney" means the City Attorney of the City. <br /> <br />2 <br /> <br />DOCSOCIII10339vl1/24579-0001 <br /> <br />11 B-23 <br />