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and existing under h apter 2 of the Community Rcdcvelopment Law of the State of Califomia, <br />and any assignee f or successor to its rights, powers and responsibilities. <br />"Agency Deed of `r st" means a deed of trust securing each Promissory Note, as <br />provided in Section 314.4, in the form of Attachment 9 hereto hi ch is incorporated herein by <br />reference. <br />"'Agee Executive Director" means the Executive Director of the Agency or his or her <br />designee. <br />"`Agency Loans" i s d fi n d i n S ec tion 3 14.1. <br />"'Agency Title Policy Costs -' is defined in S cc tion 20 1.1. <br />"Agency-Is Conditions Precedent" means the conditions precedent to the Closing for the <br />b n fi t of the Agent fir, a s se t forth i n S eut i o n 204.1 he re of. <br />"Agreement" means this Disposition and Development reemen t between the Agency <br />and the Developer. <br />"Assaciation s-" is defined in Section 1 .4 u i. <br />"Budget" means the development bud t for each Phase attached hereto as Attachment <br />No. 4 and incorporated herein by reference. <br />`' "means the California Envirorumental Quality Act. <br />"'CEQA Challenge(s)" means an action brought challenging the validity of this <br />Agreement, the Land Use Approvals or any element of the Project based on the theory that the <br />ID <br />approvals required her under failed to comply with CEQA. <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 tate of California. <br />"Claim or Liability"is defined in Section 206.4. <br />"'Closing,'.' "Close" and "`Close off ' Escrow" shall refer to the Conveyance of a Phase of <br />the Site in accordance with the provisions set forth in Section 201.5. The Agency and the <br />Developer anticipate that there will be three Closings, one for each Phase. <br />"Closing Date" means each date of a Closing, as set forth in Section 201.4. <br />"Conceptual Site Plan" means those plans and d raw in s howina the Developer <br />Improvements, which include, but are not limited to, building materials, color board, elevations <br />of all four sides f the Developer Improvements, preliminary landscape plans and a rendered <br />perspective. <br />4 <br />DOO ] 473v 14/200272 - 1 <br />