Agmt25 El Camino Real Holding JV LLC, - 920 Shasta

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ATTY/AGR/2025.084/920 SHASTA AFFORDABLE HOUSING LAND DONATION AGREEMENT REV: 10-16-25 VR Page 4 of 41 Update EIR and SEIR that identifies any significant effects which will have a more severe adverse impact than discussed in the Housing Element Update EIR and SEIR. As required by the Affordable Development Project Approvals, the Affordable Development shall implement and comply with all applicable mitigation measures described in the Housing Element Update EIR and the Housing Element Update MMRP, as well as the conditions of approval applicable to the 901 El Camino Real Project and the Affordable Development. P. Developer acknowledges and agrees that: (i) the 901 El Camino Real Project Approvals and Affordable Development Project Approvals provided adequate and proper notice such that, pursuant to Government Code Section 66020, Developer’s right to protest any requirements for fees, dedications, reservations, and other exactions as may be included in this Agreement must be made within ninety (90) days of the date of the earliest discretionary approval of the 901 El Camino Real Project and Affordable Development Project Approvals; and, (ii) if no protest in compliance with Government Code Section 66020 is made within ninety (90) days from the date of the earliest discretionary approvals, the period in which Developer may protest any and all fees, dedications, reservations, and other exactions as may be included in this Agreement will have expired. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, and for fair and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: ARTICLE 1. DEFINITIONS Section 1.1 Definitions. In addition to those capitalized terms defined in the preamble and the Recitals to this Agreement and elsewhere in this Agreement, the following capitalized terms have the following meanings in this Agreement: (a) “Actual Household Size” means the actual number of persons in the applicable household. (b) “Affiliated Company” means any corporation, limited liability company, partnership, trust or other business entity controlling, controlled by or under common control of the Developer or Qualified Designee, as applicable. For purposes of the foregoing, “control” means the power, directly or indirectly, by voting rights, contract or otherwise, to direct or cause the direction of the management or policies of a person or entity. (c) “Affordable Development” has the meaning set forth in Recital I. (d) “Affordable Development Project Approvals” has the meaning set forth in Recital M, above. (e) “Affordable Housing Impact Fee” has the meaning as set forth in Recital B, above.