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final environmental review documents needed for the respective the project approvals for the Affordable Development. As of the Effective Date, and as described in Recital N, all environmental review in compliance with CEQA has been completed for the Affordable Development in connection with the Affordable Development Project Approvals. ARTICLE 5. TRANSFERS Section 5.1 Transfers. As used in this Article, the term "Transfer" means: (a) Any total or partial sale, assignment or conveyance, or any trust or power, or any transfer in any other mode or form, of or with respect to this Agreement or the fee interest in the Affordable Site or fee estate in'the improvements or any part thereof or any interest therein, of the improvements constructed thereon; (b) Any total or partial sale, assignment or conveyance, any trust or power, or any transfer in any other mode or form, of or with respect to any interests in Donor; (c) Any total or partial sale, assignment or conveyance, any trust or power, or any transfer in any other mode or form,' of or with respect to the membership interests in Qualified Designee or any partner or member of Qualified Designee or any contract to any of the same, including without limitation, any transfer or sale of any interest in Qualified Designee for financing purposes unless approved by the City as part of the approved Financing Plan; (d) Any merger, consolidation, sale, lease, assignment or conveyance of all or substantially all of the assets of Qualified Designee; (e) Any action that results in the change, removal, replacement or otherwise of the Donor; or (f) Any action that results in the change, removal, replacement or otherwise of the Qualified Designee. Section 5.2 Purpose of Restriction. This Agreement is entered into with the Developer, the Donor and the Qualified Designee solely for the purpose of facilitating the transfer of the Affordable Site, and its subsequent use in accordance with the terms of Agreement, and not for speculation in landholding. Qualified Designee recognizes that, in view of the following factors, the qualifications and identity of Qualified Designee is of particular concern to the community and City: (a) That at all times the Qualified Designee must be a dual ifying designee under the Ordinance; (b) The importance of the development of the Affordable Site for the intended uses contemplated herein and under the Affordable Housing Restrictive Covenant; ATTY/AGR/2024.193.1—AFFORDABLE HOUSING LAND DONATION AGREEMENT REV: 10-22-24 VR Page 20 of 35