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(i) "Affordable Units" has the meaning set forth in Recital I above, provided that any reference herein to "Affordable Units" in connection with the Affordable Housing Restrictive Covenant, excluding the unrestricted manager's unit. (j) "Agreement" shall mean the Affordable Housing Land Donation Agreement. (k) "Area Median Income" or "AMP' means the median gross yearly income adjusted for Actual Household Size (to qualify residents) or Assumed Household Size (to calculate rents), as applicable, in San Mateo County, either as applicable (i) as published from time to time by the State of California Department of Housing and Community Development; or (ii) as determined by the Secretary of the Treasury of the United States for purposes of Section 42 of the Internal Revenue Code. In the event that such income determinations are no longer published or are not updated for a period of at least'leighteen (18) months, the City shall provide the Qualified Designee with other income determinations which are reasonably similar with respect to methods of calculation to those previously published by the State. (1) "Assignment and Assumption Agreement" means that certain Assignment and Assumption Agreement, substantially in the form attached hereto as Exhibit E, incorporated herein by this reference, under which the rights of the Qualifying Designee are assigned to a City -approved qualifying designee or a Permitted Transferee single purpose entity. (m) "Assignment of Contracts" means that certain Assignment of Contracts Agreement, substantially in the form attached hereto as Exhibit F, incorporated herein by this reference, under which the rights of the Qualifying Designee under specified contracts are assigned to the City. (n) "CEQA" means the California Environmental Quality Act ("Public Resources Code Section 2100 et sect, as set forth in Recital N above. (o) "Close of Escrow" means the date that: (i) the Grant Deed conveying the Affordable Site is recorded in the Official Records; (ii) the Irrevocable Offer to Dedicate is recorded against the Affordable Site; and, (iii) the Affordable Housing Restrictive Covenant is recorded against the Affordable Site. (p) "Construction Commencement Period" has the meaning set forth in Section 3.2(c). (q) "CTCAC" means the California Tax Credit Allocation Committee. (r) "DTPP Amendment MMRP" has the meaning set forth in Recital N. (s) "Effectuating Agreements" has the meaning set forth in Section 13.12 below. (t) "Execution Date" shall mean the date the Agreement is signed by all Parties. ATTY/AGR/2024.193.1—AFFORDABLE HOUSING LAND DONATION AGREEMENT RFV: 10-22-24 VR Page 5 of 35