Laserfiche WebLink
"Development Agreement" means the Improvement and Reimbursement Agreement <br />executed in December, 1994 between Westland Bay Fair Mall, L.P., and the San Leandro <br />Redevelopment Agency, as amended by Amendment No. 1 dated as of June 15, 199$ between <br />Bay Fair Mall, LLC and the Agency and Amendment No. 2 dated as of July 1, 2000 between <br />Bay Fair Mall, LLC and the Agency. <br />"DTC" means The Depository Trust Company, New York, New York, and its successors <br />and assigns. <br />"Event of Default" means any of the events described in Section 8.01. <br />"Fair Market Value" means the price at which a willing buyer would purchase the <br />investment from a willing seller in a bona fide, arm's length transaction (determined as of the <br />date the contract to purchase or sell the investment becomes binding) if the investment is traded <br />on an established securities market (within the meaning of section 1273 of the Code) and, <br />otherwise, the term "Fair Market Value" means the acquisition price in a bona fide arm's length <br />transaction (as referenced above) if (i) the investment is a certificate of deposit that is acquired <br />in accordance with applicable regulations under the Code, (ii) the investment is an agreement <br />with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated <br />interest rate (for example, a guaranteed investment contract, a forward supply contract or other <br />investment agreement) that is acquired in accordance with applicable regulations under the <br />Code, (iii) the investment is a United States Treasury Security--State and Local Government <br />Series that is acquired in accordance with applicable regulations of the United States Bureau of <br />Public Debt, (iv) any commingled investment fund in which the Agency and related parties do <br />not own more than a ten percent (10%) beneficial interest therein if the return paid by the fund is <br />without regard to the source of the investment, or (v) the investment is the Local Agency <br />Investment Fund of the State of California but only if at all times during which the investment is <br />held its yield is reasonably expected to be equal to or greater than the yield on a reasonably <br />comparable direct obligation of the United States, as certified in writing by the Agency to the <br />Trustee. <br />"Federal Securities" means any direct, noncallable general obligations of the United <br />States of America (including obligations issued or held in book entry form on the books of the <br />Department of the Treasury of the United States of America and CATS and TGRS), or <br />obligations the payment of principal of and interest on which are directly or indirectly guaranteed <br />by the United States of America. <br />"Fiscal Agreements" means, collectively: <br />(i) Agreement dated as of July 6, 1993, among the Redevelopment Agency <br />of the City of San Leandro, the County of Alameda, the County of Alameda Library <br />District, the County of Alameda Flood Control District and the Eden Fire Protection <br />District, as such agreement may hereafter be amended. <br />(ii) Agreement dated as of October 4, 1993, between the Alameda -Contra <br />Costa Transit District and the Redevelopment Agency of the City of San Leandro, as <br />such agreement may hereafter be amended. <br />6 <br />