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(i) "Affordable Units" has the meaning set forth in Recital I above, provided <br />that any reference herein to "Affordable Units" in connection with the Affordable Housing <br />Restrictive Covenant, excluding the tnlrestricted manager's unit. <br />0) "Agreement" shall mean the Affordable Housing Land Donation <br />Agreement. <br />(k) "Area Median Income" or "AMI" means the median gross yearly income <br />adjusted for Actual Household Size (to qualify residents) or Assumed Household Size (to calculate <br />rents), as applicable, in San Mateo County, either as applicable (i) as published from time to time <br />by the State of California Department of Housing and Community Development; or (ii) as <br />determined by the Secretary of the Treasury of the United States for purposes of Section 42 of the <br />Internal Revenue Code. In the event that such income determinations are no longer published or <br />are not updated for a period of at least eighteen (18) months, the City shall provide the Qualified <br />Designee with other income determinations which are reasonably similar with respect to methods <br />of calculation to those previously published by the State. <br />(l) "Assignment and Assumption Agreement" means that certain <br />Assignment and Assumption Agreement, substantially in the form attached hereto as Exhibit E, <br />incorporated herein by this reference, under which the rights of the Qualifying Designee are <br />assigned to a City -approved qualifying designee or a Permitted Transferee single purpose entity. <br />(m) "Assignment of Contracts" means that certain Assignment of Contracts <br />Agreement, substantially in the form attached hereto as Exhibit F, incorporated herein by this <br />reference, under which the rights of the Qualifying Designee under specified contracts are assigned <br />to the City. <br />(n) "CEQA" means the California Environmental Quality Act ("Public <br />Resources Code Section 2100 et sect, as set forth in Recital N above. <br />(o) "Close of Escrow" means the date that: (i) the Grant Deed conveying the <br />Affordable Site is recorded in the Official Records; (ii) the Irrevocable Offer to Dedicate is <br />recorded against the Affordable Site; and, (iii) the Affordable Housing Restrictive Covenant is <br />recorded against the Affordable Site. <br />(p) "Construction Commencement Period" has the meaning set forth in <br />Section 3.2(c). <br />(q) "CTCAC" means the California Tax Credit Allocation Committee. <br />(r) "DTPP Amendment MMRP" has the meaning set forth in Recital N. <br />(s) "Effectuating Agreements" has the meaning set forth in Section 13.12 <br />below. <br />(t) "Execution Date" shall mean the date the Agreement is signed by all <br />Parties. <br />ATTY/AGR/2024.193.1—AFFORDABLE HOUSING LAND DONATION AGREEMENT <br />REV: 10-22-24 VR <br />Page 5 of 35 <br />