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2.11 "City Council" means the City Council of the City which is the legislative <br />body of the City pursuant to Section 65867 of the California Government Code. <br />2.12 "City Manager" means the chief administrative officer of the City. <br />2.13 "Condo-Office Project" is defined in Section 2.44. <br />2.14 "Commencement of Construction" means the point in time when concrete <br />is being poured for foundations for a particular Element pursuant to a validly issued permit. <br />2.15 "Cooperative Agreement" means the Cooperative Agreement for Offsite <br />Improvements attached hereto as Exhibit C and incorporated herein by reference, which Cooperative <br />Agreement and the obligations hereunder with respect thereto, shall survive termination of this <br />Agreement. <br />2.16 "Default" is defined in Section 7.2. <br />2.17 "Development Agreement Act" means Article 2.5 of Chapter 4 of Division I <br />of Title 7 (Sections 65864 through 65869.5} of the California Government Code. <br />2.18 "Development Impact Fees" means impact fees, linkage fees, exactions, or <br />fair share charges or other similar impact fees or charges (whether collected as a condition to <br />issuance of demolition, grading and/or building permits, or otherwise) imposed by the City on and in <br />connection with new development pursuant to the Applicable Rules. If at any time following the <br />Effective Date it becomes legal for any of the foregoing fees or charges to be collected with property <br />taxes, then any such amounts collectible in such manner shall constitute Development Impact Fees <br />hereunder. Development Impact Fees do not include (a) Applicable Processing Fees and Charges, <br />(b) impact fees, linkage fees, exactions, assessments or fair share charges or other similar fees or <br />charges imposed by other governmental entities and which the City is required to collect or assess <br />pursuant to applicable law (e.g., school district impact fees pursuant to Government Code <br />Section 65995), or (c) increases in Development Impact Fees under the Applicable Rules, occurring <br />after the Effective Date but only if and to the extent any such increase does not exceed the amount of <br />such Development Impact Fee as of the Effective Date increased at a rate not to exceed the rate of <br />increase established by the "Construction Costs Index- Los Angeles" published by Engineering <br />News-Record or substitute index mutually agreed upon by the parties should that index be <br />discontinued, from the Effective Date to the date such Development Impact Fee is paid. <br />2.19 "Effective Date" means August 4, 2005, the date upon which the ordinance <br />approving this Agreement becomes effective. <br />2.20 "Element" is defined in 2.43. <br />2.21 "Entitlements" mean the City approvals for the Project granted pursuant to <br />the Applicable Rules as set forth in detail in the Final Environmental Impact Report for <br />Environmental Review No. 2004-02; Tentative Tract Map Nos. 2005-02, 2005-03, 2005-04 (County <br />Map Nos. 16621, 16622 and 16626); Variance Nos. 2005-05, 2005-07, 2005-10, and 2005-12; <br />Zoning Ordinance Amendment No. 2005-01 (creating Specific Development No. 76 aka SD-76); <br />Conditional Use Permit Nos. 2005-10, 2005-11, 2005-12, 2005-13 and 2005-15; and the "MacArthur <br />Place Master Plan" dated April 11, 2005, as each are conditioned in City Council Resolution <br />3 <br />DOCSOC/] ] 10339x11/24579-0001 <br />75A-16 <br />