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1.37 Performance Schedule. The "Performance Schedule" means the schedule for the <br /> performance of certain actions by the City or the Developer, pursuant to the terms and conditions <br /> of this Agreement, attached to this Agreement as Exhibit C. <br /> 1.38 Permitted Encumbrance. "Permitted Encumbrance" means any Mortgage and any <br /> other document required or allowed to be recorded against the Site by the express terms of this <br /> Agreement. <br /> 1.39 Permitted Transferee. A "Permitted Transferee is any successor in interest to <br /> Developer with respect to the Site permitted under and complying with the provisions of <br /> Article 8 of this Agreement. <br /> 1.40 Precise Plan. The Precise Plan is the Downtown Precise Plan, adopted by the City <br /> Council on January 24, 2011, as it may be amended from time to time. <br /> 1.41 Preliminary Report. The Preliminary Report is defined in Section 2.3. <br /> 1.42 Prohibited Encumbrance. "Prohibited Encumbrance" means any mortgage, lien, <br /> deed of trust, easement, mechanic's lien or other encumbrance recorded or asserted against the <br /> Site, ar any portion thereof, or the Project that is not a Permitted Encumbrance. <br /> 1.43 Pro�ect. The Project means the development on the Site as described in <br /> Exhibit B, attached hereto. <br /> 1.44 Project A�provals. "Project Approvals" is defined in Section 2.5. <br /> �1.45 Public Access Parcels. The two (2) Public Access Parcels are underground air <br /> space easements located under Middlefield Road and Hamilton Road, respectively, as shown on <br /> the Map of the Site, Exhibit A-1, attached hereto, and described in the Legal Description of the <br /> Public Access Parcels, Exhibits A-3 and A-4, attached hereto. The Middlefield Public Access <br /> Parcel will be part of the Hamilton Garage and connect the Jefferson Garage to the Hamilton <br /> Garage on two levels. The Hamilton Road Public Access Parcel will be part of the Hamilton <br /> Garage and enable a connection from the Hamilton Garage to the future Winslow Garage on two <br /> levels. <br /> 1.46 Reimbursement Agreement. The Reimbursement Agreement is the agreement <br /> between the City and the Developer, dated May 15, 2015, pursuant to which Developer agreed to <br /> reimburse City for its costs related to the negotiation and implementation of this Agreement and, <br /> in accordance with its terms, such obligations shall continue until the completion of the Project if <br /> this Agreement is approved. <br /> 1.47 Site. The Site is comprised of the Developer Property, the Public Access Parcels <br /> and the Sliver Parcel. <br /> 1.48 Sliver Parcel. The Sliver Parcel means that portion of City-owned property at <br /> the corner of Middlefield Road and Winslow Street, as depicted on the Map of the Site and <br /> legally described on Exhibit A-5. <br /> ATTY/AGR/2015.146/HAMILTON-WINSLOW DDA <br /> REV:08-18-15 VR <br /> Page 5 of 40 <br /> 82483.00019\9644366.16 <br />