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7.A. - Page 140 not, (ii) any determination by the State Department of Industrial Relations that higher prevailing wage rates than those paid should have been paid, (iii) any administrative or legal action or proceeding arising from any failure to comply with the California Labor Code provisions regarding prevailing wage payments, including maintaining certified payroll records pursuant to California Labor Code 1776, or (iv) any administrative or legal action or proceeding to recover wage amounts pursuant to California Labor Code Section 1781. 1.1.93 "Prohibited Encumbrance" means any mortgage, lien, deed of trust, easement, mechanic's lien or other encumbrance recorded or asserted against the Site, or any portion thereof, or the Proj ect that is not a Permitted Encumbrance. 1.1.94 "Proj ect" means the development of a mixed-use commercial/retail development, including all required parking all required or associated on-site and off-site improvements, all hardscape and all landscaping, all as specifically described in the Scope of Development attached hereto as Exhibit H and incorporated herein by reference, and all to be developed in accordance with the terms and conditions of this Agreement, plans and specifications approved by the City and any conditions imposed by the City in its approval of the Developer's development application(s) related to the Project. 1.1.95 "Project Completion Date" means 36 months after the issuance of the first building permit for the Proj ect. 1.1.96 "Propertv Transfer" means any "change in ownership," as defined in Revenue and Taxation Code Sections 60, et seq., of all or any portion of the Site. 1.1.97 " Public Benefit Contribution means a contribution either made or expended by Developer in the amount of One Million Dollars ($1,000,000) to be used for public improvements adjacent to the Site as set forth in the Scope of Development attached hereto as Exhibit H and incorporated herein by reference. 1.1.98 "Public Improvements" means the public improvements to be constructed and installed by Developer pursuant to the conditions of City plan review and Approvals as described in the Scope of Development attached hereto as Exhibit H and incorporated herein by reference. 1.1.99 " Purchase Price means the amount of Seventeen Million Dollars ($17,000,000) which represents the fair market value of the City Property. 1.1.100 "Record", "recorded", "recordin�" or "recordation" each mean recordation of the referenced document in the official records of the Recorder of the County. 1.1.101 "Senior" when referring to multiple Deeds of Trust, means the Deed of Trust that is most senior in lien. Where "Senior" is used as a comparative term as against any specified Deed of Trust, such term refers to any Deed of Trust that is senior in lien to such specified Deed of Trust. Priority of liens shall be determined based upon the time or recordation of the lien, with the lien first recorded being "Senior" to liens subsequently recorded. If only one Deed of Trust exists, then it shall be deemed the "Senior" Deed of Trust. 82483.00009\7571312.11 12 ATTY/AGR/2013.118/BLOCK 2 HUNTER STORM REV: 07-19-13 PT