Agmt10 R.C. Peninsula Park, LLC (2)

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"Development Agreement" means the Development agreement between the City and the Developer, effective February 13, 2008, as amended or supplemented. "Discrete Component" means a functional segment or component of a Facility capable of serviceable use as determined by the City Engineer consistent with the provisions of Section 53313.51 of the Act, and the subject of a Payment Request hereunder. The Discrete Components of each Facility, if any, are described in Exhibit B hereto. "Facility" or "Facilities" means the public facilities described in Exhibit A hereto to be owned by the City, which are financed by the CFD in accordance with this Acquisition Agreement. "Fee Reimbursement" means payment from the Improvement Fund to the Developer for City Fees paid by the Developer as a part of the Project. "Finance Director" shall mean the City's then Director of Finance, or his or her written designee acting as such under this Acquisition Agreement. "Fiscal Agent" means a financial institution, in its capacity as fiscal agent under the Fiscal Agent Agreement, or any successor thereto acting as fiscal agent under the Fiscal Agent Agreement. "Fiscal Agent Agreement" means the Fiscal Agent Agreement, dated as of December 7, 2010, between the City and the Fiscal Agent, which provides for, among other matters, the issuance of the Series 2010 Bonds and subsequent series of Bonds, and the establishment of the Improvement Fund, as it may be amended from time to time. "Goals and Policies" means the "Goals and Policies for Community Facilities Districts" in the current form in effect on the date hereof, as adopted by the City Council of the City. "Improvement Fund" means the Improvement Fund established by the Fiscal Agent Agreement. "Payment Request" means a document, substantially in the form of Exhibit C- hereto, to be used by the Developer in requesting payment of a Purchase Price or Fee Reimbursement. "Plans" means the plans, specifications and schedules for the Facilities and /or any Discrete Components thereof approved pursuant to the applicable standards of the City. "Purchase Price" means the amount paid by the City for a Facility and/or any Discrete Components thereof determined in accordance with Article V hereof, being an amount equal to the Actual Cost of such, Facility or Discrete Component (including reimbursement to the Developer for Actual Costs listed in Exhibit B that have been incurred prior to the execution of this Agreement) but subject to the limitations and reductions provided for in Article V. -3-