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portion f the Site pursuant t this Agreement will be of benefit to the n ' Merged Project, <br />the Project Area and its inhabitants as well as the remainder of the community. <br />K. The Project is vital to and in the best interest f the City and the health, safety and <br />welfare of its residents, and is in accordance with the public purposes of applicable state and <br />local lays and requirements. <br />NO'S, THERE F RE , for and its consideration of the mutual promises, covenants, and <br />conditions herein contained, the parties hereto agree as follows: <br />100. DEFINI'T'IONS <br />" batemen t Report" is defined in S ecti on 206.9. <br />"'Actual Knor e e" means the actual knowledge of the g ncy Executive Director <br />and/or William Witte of the Developer, without duty of further inquiry or investigation. With <br />respect to Developer, the identity of the officer to ho actual knowledge is attributed may <br />change upon any transfer by Developer p uristiant to Section 602. Any such change shall be set <br />forth in the i strUillellt sighed by the Agency releasing Developer as contemplated by Section <br />602.2. <br />A,(Nifional Properties" means certain properties owned by third parties as shown on the <br />Site Map that the Agency may acquire and which will, if acquired prior to i with respect to <br />Phase FS within forty-five days of the Date of Agreement (ii) with respect to Phases -1 <br />and -2, at lust forty -five 4 days prier to the date of any submission of a Tax Credit <br />application to TCAC be included in the Conveyance with respect to such Phase. <br />"A &INon al Properties ,fo rce" is defined i n Se ti n 207. <br />" . , oit (kbiliti) . eilio " as to ental Unit is defined in Section 401.2, and as to are <br />Affordable For-Sale Unit is defined in Section 402.3. <br />"A { or ab 'or --S i e Unit(s)" means a For -Sale Unit r multiple For-Sale nits that <br />is /are restricted and sold by the Developer to Moderate Income Households pursuant to and <br />consistent with the terms of this Agreement. <br />ent. <br />"Affordable Hozisln CONE" means the maximum purchase price of an Affordable <br />For-Sale Unit by Moderate Income usehol pursuant to Health & Safety Code <br />Section 50052.5. <br />" ..for` (kb e Rent" mans the maximum monthly rent chargeable for a Rental Unit as <br />described its Section 401.5. <br />"Agency" means the Community Redevelopment Age c the City of Santa Ana, <br />public. body, corporate and politic, exercising g vemmental functions and powers and organized <br />and existing tinder Chapter 2 of the Community Redevelopment Law of the State of California, <br />and any assignee of or successor to its rights, powers and responsibilities. <br />3 <br />D s lI 400673 v 1 31200272 -0001 <br />