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2.11 "City Council" means the City Council of the City which is the legislative body of the City pursuant to Section 65867 of the California Government Code. 2.12 "City Manager" means the chief administrative officer of the City. 2.13 "Condo-Office Project" is defined in Section 2.44. 2.14 "Commencement of Construction" means the point in time when concrete is being poured for foundations for a particular Element pursuant to a validly issued permit. 2.15 "Cooperative Agreement" means the Cooperative Agreement for Offsite Improvements attached hereto as Exhibit C and incorporated herein by reference, which Cooperative Agreement and the obligations hereunder with respect thereto, shall survive termination of this Agreement. 2.16 "Default" is defined in Section 7.2. 2.17 "Development Agreement Act" means Article 2.5 of Chapter 4 of Division I of Title 7 (Sections 65864 through 65869.5) of the California Government Code. 2.18 "Development Impact Fees" means impact fees, linkage fees, exactions, or fair share charges or other similar impact fees or charges (whether collected as a condition to issuance of demolition, grading and/or building permits, or otherwise) imposed by the City on and in connection with new development pursuant to the Applicable Rules. If at any time following the Effective Date it becomes legal for any of the foregoing fees or charges to be collected with property taxes, then any such amounts collectible in such manner shall constitute Development Impact Fees hereunder. Development Impact Fees do not include (a) Applicable Processing Fees and Charges, (b) impact fees, linkage fees, exactions, assessments or fair share charges or other similar fees or charges imposed by other governmental entities and which the City is required to collect or assess pursuant to applicable law (e.g., school district impact fees pursuant to Government Code Section 65995), or (c) increases in Development Impact Fees under the Applicable Rules, occurring after the Effective Date but only if and to the extent any such increase does not exceed the amount of such Development Impact Fee as of the Effective Date increased at a rate not to exceed the rate of increase established by the "Construction Costs Index- Los Angeles" published by Engineering News-Record or substitute index mutually agreed upon by the parties should that index be discontinued, from the Effective Date to the date such Development Impact Fee is paid. 2.19 "Effective Date" means August 4,2005, the date upon which the ordinance approving this Agreement becomes effective. 2.20 "Element" is defined in 2.43. 2.21 "Entitlements" mean the City approvals for the Project granted pursuant to the Applicable Rules as set forth in detail in the Final Environmental Impact Report for Environmental Review No. 2004-02; Tentative Tract Map Nos. 2005-02, 2005-03, 2005-04 (County Map Nos. 16621, 16622 and 16626); Variance Nos. 2005-05, 2005-07, 2005-10, and 2005-12; Zoning Ordinance Amendment No. 2005-01 (creating Specific Development No. 76 aka SD-76); Conditional Use Permit Nos. 2005-10, 2005-11, 2005-12, 2005-13 and 2005-15; and the "MacArthur Place Master Plan" dated April II, 2005, as each are conditioned in City Council Resolution 3 DOCSOC/I I 10339vl 1124579-0001 Ordinance NS-2691 Page 10 of 73