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and existing under 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 />"Agency Deed of Trust" means a deed of trust securing each Promissory Note, as <br />provided in Section 314.4, in the form of Attachment 9 hereto which is incorporated herein by <br />reference. <br />"Agency Executive Director" means the Executive Director of the Agency or his or her <br />designee. <br />"Agency Loans" is defined in Section 314.1. <br />"Agency Title Policy Costs" is defined in 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 />"Agreement" means this Disposition and Development Agreement between the Agency <br />and the Developer. <br />"Association CC&Rs" is defined in Section 315.4(c)(i). <br />"Budget" means the development budget for each Phase attached hereto as Attachment <br />No. 4 and incorporated herein by reference. <br />"CEQA" means the California Environmental Quality Act. <br />"CEQA Challenges)" 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 />approvals required hereunder 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 State of California. <br />"Claim or Liability" is defined in Section 206.4. <br />"Closing," "Close" and "Close of 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 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 Developer Improvements, preliminary landscape plans and a rendered <br />perspective. <br />4 <br />DOCSOC11400673v 141200272-0001