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of control of the Affordable Site to Assignee, and to delineate the Parties’ respective rights and <br />obligations for development of the Affordable Housing Project under the Development <br />Agreement. <br /> <br /> NOW THEREFORE, in consideration of the promises, covenants, and provisions set forth <br />herein, the receipt and adequacy of which consideration is hereby acknowledged, the Parties agree <br />as follows: <br /> <br />ARTICLE 1 <br />RECITALS, DEFINITIONS AND EXHIBITS <br /> <br /> Section 1.1 Recitals. The Parties hereby agree that each of the foregoing Recitals are <br />true and correct and are hereby incorporated herein by this reference as if fully set forth in their <br />entirety. <br /> <br /> Section 1.2 Definitions. The capitalized terms below shall have the following <br />meanings: <br />(a) “901 El Camino Real Property” shall mean the real property <br />described in Recital B of this Partial Assignment. <br /> <br />(b) “901 El Camino Real Project” shall have the meaning set forth in <br />Recital C of this Partial Assignment. <br /> <br />(c) “Affordability Covenant” shall mean the Affordable Housing <br />Restrictive Covenant Agreement, substantially in the form attached as Exhibit G to the Land <br />Donation Agreement. <br /> <br />(d) “Affordable Housing Project” shall have the same meaning as set <br />forth in Recital D of this Partial Assignment and Recital E of the Development Agreement. In the <br />event of an inconsistency, the Development Agreement shall control. <br /> <br />(e) “Affordable Housing Project Approvals” shall have the same <br />meaning as set forth in Recital E of this Partial Assignment. <br /> <br />(f) “Affordable Site” shall mean the real property described in Recital <br />D of this Partial Assignment and Recital D of the Development Agreement. In the event of an <br />inconsistency, the Development Agreement term shall control. <br /> <br />(g) “Assignee” shall mean Abode Communities, a California non-profit <br />public benefit corporation. <br /> <br />(h) “Assignee Obligations” shall have the same meaning as set forth in <br />Section 3.1 of this Partial Assignment. <br /> <br />ATTY/ORD.0002/CC ORD APPROVING DEVELOPMENT AGREEMENT (901 EL CAMINO REAL) - EXHIBIT A <br />REV: 04-23-25 VR <br /> <br />Page 310 of 336