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