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City Draft <br /> G/28/13 <br /> not, (ii) any determination by the State Departrnent of Industrial Relations that higher prevailing <br /> wage rates than those paid should have been paid, (iii}any administrative or legal action or <br /> proceeding arising from any failure to comply with the California Labor Code provisions <br /> regarding prevailing wage payments, including maintaining certified payroll records pursuant to <br /> California Labor Code 1776, or (iv} a�y administrative or legal action or proceeding to recover <br /> wage amounts pursuant to California Labor Code Section 1781. <br /> 1.1.93 "Prohibited Encumbrance" means any znortgage, lien, deed of truat, <br /> easement, rnechanic's lien or other encumbrance recorded or asserted against the Site, or any <br /> portion thereof, or the Project that is not a Permitted Encumbrance. <br /> 1.1.94 "Pxoject" means the development of a mixed-use comrnerciallretail <br /> development, including all required parking, aIl required or associated on-site and off-site <br /> improvements, a11 hardscape and aIl landscaping, all as specifically described in the Scope of <br /> Development attached hereto as Exhibit H and incorporated herein by reference, and all to be <br /> developed in accordance with the terms and conditions of this Agreement, plans and <br /> specifications approved by the City and any conditions imposed by the City in its approval of the <br /> Developer's development application(s}related to the Project. <br /> 1.1.95 "Project Comple�ion Date" means 36 months after the issuance of the <br /> first building permit for the Project. <br /> 1.1.96 "Property Transfer" means any "change in ownership," as defined in <br /> Revenue and Taxatian Code Sections 60, et seq., of all or any portion of the Site. <br /> 1.1.97 "Public Benefit Contribution" means a contrzbution either made or <br /> expended by Developer in the amount of One Mi�Iion Dollars($1,000,000) �o be used for public <br /> improvements adjacent to the Site as set forth in the Scope of Development attached hereto as <br /> Exhibit H and incorporated herein by reference. <br /> 1.1.98 "Fublic Improvements" means the public improvements to be <br /> constructed and ir�stalled by Developer pursuant to the conditions of City plan review and <br /> Approvals as descr�bed in the Scope of Development attached hereto as Exhibit H and <br /> incorporated herein by reference. <br /> 1.1.99 "Purchase Price" means the amount of Seventeez� Million Dollars <br /> ($17,000,000) which represents the fair market value of the City Property, less the amount <br /> authorized to be deducted under the Environmental Holdback Agreement. <br /> 1.1.�00 "Recard", "recorded". "xecordin�" or "racardation" each mean <br /> recordation of the referenced docurne�cit in the official records of the Recarder of the County. <br /> 1.1.101 "Senior"when referring to multiple Deeds of Trust,means the Deed of <br /> Trust that is �nost senior in lien. Where "Senior" is used as a comparative term as against any <br /> specified Deed of Trust, such �erm refers to any Deed of Trust that is senior in lien to such <br /> specified Dee� of Tr�st. Priority of liens shall be determined based upon the time or recordation <br /> of the lien, with the lien first recorded being"Senior"to liens subsequently recarded. If only one <br /> Deed of Trust exists,then it shall be deemed the"Senior"Deed of Trust. <br /> 824A3.D000917571312.10 I2 <br />