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(h) "Existing Approvals." Those Approvals obtained by Owner or its <br />predecessors in interest from City as of the Effective Date, and all amendments, <br />revisions, and modifications thereto pursuant :to this Agreement. The Existing <br />Approvals are set forth on Exhibit "C". <br /> <br /> (i) "Existing Development Regulations." The Development Regulations in <br />effect as of the Effective Date. <br /> <br /> (,j) "Facilities." Includes all off-site improvements outlined on Exhibit "E", <br />including but not limited to, the reconstruction of Willow Street, East of the Property, to <br />Stambaugh Street. <br /> <br /> (k) "Fees." The payment by Owner to City, at Owner's option, of the sum of <br />$58,134.00 to underground utilities and the sum of $124,931.00 for street improvements <br />prior to the issuance of a Foundation Building Permit for the construction of the <br />foundation in connection with the Project. <br /> <br /> (I) "General Plan." The General Plan of City adopted January 22, 1990, as <br />amended as of the Effective Date. <br /> <br /> (m) "Gross Building Floor Area: or "GBFA." The sum total of all floor areas <br />contained within the exterior walls of office buildings and special purpose accessory <br />structures constructed on the Property including stairways, elevator shafts, other shafts, <br />mechanical rooms, vents, and internal support facilities, but excluding those portions of <br />mechanical or utility structures and storage areas located on the roof to the extent such <br />structures are not considered by City as building floor area for purposes of determining <br />parking requirements, traffic generation, building density or other similar development <br />limitations under the Existing Development Regulations. <br /> <br /> (n) "Mortgage." A mortgage, deed of trust, sale and leaseback arrangement, <br />assignment of leases and rents, lease financing, or other transaction in which the <br />Property or a portion thereof, or any interest therein, is pledged as security, contracted <br />for in good faith and for fair value. <br /> <br /> (o) "Mortgagee." The holder of a Mortgage. <br /> <br /> (p) "Owner." Roy E. and Margaret L. Opfer, as trustees under the terms of said <br /> Declaration of Trust dated September 2, 1983. <br /> <br /> (q) "Project." A 13,351 sq. ft. parcel situated at 2233 Middlefield Road, at the <br /> corner of Willow Street and Middlefield; a proposed two story building with a main floor <br /> consisting of approximately 6,433 sq. ft., a mezzanine consisting of approximately 740 <br /> sq. ft. and a lobby consisting of approximately 325 sq. ft. for a total of 7,500 sq. ft. The <br /> Project will also generally consist of twent~-five ~lrade level parkin9 spaces located <br />directly under the main structure which shall be enclosed for aesthetics and security <br />reasons; a wheelchair ramp providing access from the sidewalk to the entrance plaza <br />for the physically challenged; a main entrance to the building, located at the southeast <br />corner of the site to be accessed via through of a 1,340 sq. ft. plaza, with integrated and <br />perimeter landscaping; an elevator inside the lobby providing transportation from the <br /> <br /> Opfer-Exhibit040802 2 <br /> FXS/dr <br />02/04/02R, 02/12/02R, 04/08/02R <br /> <br /> <br />