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"Agency Deed of Tritst" means a deed of trLIst securing each Promissory Note, as <br />provided in Section 31 . , in the form of Attachment 9 hereto which is incorporated herein by <br />reference. <br />"Agency Exeetitive k or" inearrs the Executive Director of the Agency or his or her <br />designee. <br />" gencip Loans" is defined in Section 314, 1, <br />" g ney Title Costs" is d fiticd i n Section 201.1. <br />"Agency's Conditions Precedent" means the conditions precedent to the Closing for the <br />benefit of the Agency, as set forth in Section 204.1 hereof. <br />" grvement" means this Disposition and Development Agreement between the Agency <br />and the Developer. <br />"Association CC& s" is defined in Section 1 , e i . <br />"Midget" i an the development budget for each Phase attached hereto as Attachment <br />No. 4 and incorporated li rein by reference. <br />"CEQ " means the California Environmental Quality Act. <br />"CEQA Challenge" means an action brought challenging the validity of this Agreement, <br />the Land Use Approvals or any element of the Project based on the theory that the approvals <br />required hereunder failed to comply with C QA. <br />"Child Care Facility" is defined in Section 305.3. <br />"City" means the City of Santa Ana, a charter city and municipal corporation duly <br />organized under the Constitution and laws of the State of California. <br />"Clai m ot• r` i i v" 1 s defined in Section 20 6.5. <br />"Closing, " "Close and "Close e of Esc #sir," shall refer to the Conveya nc of a Pha se of <br />the Site in accordance with the provisions set foilh in Section 201.5. The Agency and the <br />Developer anticipate that there will be three Closings, one for cacti Phase. <br />"C osilig Date" means each date of a Closing, as set forth in Section 201.4. <br />"Concephial Site n" means those plans and drawings showing the Developer <br />Improvements, which include, but are not limited to, building materials, color board, elevations <br />of all four sides of the e- veloper• Improvements, preliminary landscape plans and a rendered <br />perspective. <br />Cons rit on i-mvi cgs" means those plans, specifications and drawings submitted to <br />the building department ent of the City in sufficient detail to entitle the Developer to the issuance of <br />appropriate bu i Id ing perm its for the D vel oper I mproyements. <br />4 <br />DO C DC/ 1 400673Nr 3/2002 7 -0001 <br />