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within the Project Area, the Developer's cons tru tion and development o f the Project on such portion of the Site pursuant to this Agreement ill be of benefit to the Agency's Merged Project, the Prof ec t Area and i is i n h a b itan is as well as the r maind r of the commu nit . The Prod ec t is vital to and in the hest interest of the City and the health, safety and welfare of its residents, and is in accordance i th the public purposes of applicable state and local lags and requirements. NOW, 'THEREFORE, for and in consideration of the mutual promises* covenants, and conditions herein contained, the parties hereto agree as follows: 100. DEFINITIONS. "Abatein ent R eporl " is defined in Bettina 206.9. "Actual o le " means the actual n o ledge of the Agency Executive Director and/or William Witte of the Developer, without d u t of further inquiry or investigation. With respect to Developer, the identity of the officer to whom actual knowledg is attributed may change upon any transfer by Developer pursuant to Section 602. Any such change shall be set forth in the instrument signed by the Agency releasing Developer as contemplated by Section 602.2. "'Additional Prop ert " or "Additional Prop rte' s "' means certain properties owned b third parties as shown on the Site Map that the Agency may acquire and which will, if acquired prior to i with respect to Phase FS within forty-five 4 days of each separate Closing of each Po rti on or Phas a of Phase FS, an d ii with r s pet t to Phase s R- and R-2, , at le as t forty -five (45) days prior to the date of any submission of a Tax Credit application to TCAC be included in the Conveyance with respect to such Phase. "'A d ition al Prop erties Notice" i s defined i n S r cti on 207. "'Affordability Period" as to a Rental Unit is defined in Section 40 l . , and as to an Affordable For-Sale Unit is defined in Section 402.3. "Affordable For -Sale Unit(s)" means a For-Sale Unit or multiple For-Sale Units that is /are restricted and sold by the Developer to Moderate Income Households pursuant to and consistent with the terms of this Agreement. "'Affordable o using Cost" means the maximum purchase price of an Affordable For-Sale Unit by a Moderate Income Household pursuant to Health & Safety Cod Bettina 50052.5. "Affordable Rent" means the maximum monthly rent chargeable for a Rental Unit as described in Section 401.5. "Agency" means the Community Redevelopment Agency of the City of Santa Ana, a public body, corporate and politic, e r i sing governmental functions and pourers and organized 3 D o o] 4 0067,3 v 1 41200272 -000