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6. The Developer has represented that the Developer and its principals have the <br /> necessary expertise, skill and ability to carry out the commitments herein contained and that this <br /> Agreement is in the best interests and will materially contribute to the Redevelopment Plan. <br /> DEFINITIONS <br /> The following definitions relate to such terms found in the entire Agreement, including, <br /> without limitation, all exhibits hereto. <br /> "Adjacent City Property" means that certain property owned by the City which is situated <br /> generally alongside the creek and adjacent to the Property, as more particularly depicted on <br /> Exhibit "E." As of the Date of Agreement, the Agency is owner of the Adjacent City Property. The <br /> Agency may, at its option, convey the Adjacent City Property to the City without necessity of <br /> Developer's consent. <br /> "Adjacent City Property Improvements" means all improvements to the Adjacent City <br /> Property required under the Scope of Development. <br /> "Agency" means the Redevelopment Agency of the City of San Leandro. <br /> "Agency Conveyance" means the conveyance of the Property by the Agency to the <br /> Developer by means of the Agency Deed. <br /> "Agency (Construction) Loan Amount" means the amounts disbursed to or for the benefit <br /> of the Developer under Section 3.07(b) of this Agreement. <br /> "Agency Construction Loan" means amounts loaned by the Agency to the Developer under <br /> Section 3.07(b) of this Agreement. In no event shall amounts disbursed by the Agency under this <br /> Agreement exceed the Maximum (Construction) Agency Loan Amount and the Deferred Amount. <br /> "Agency Deed" means a deed in the form of Exhibit "C" hereto. <br /> "Agency Deferred Loan" means the loan of the Deferred Amount under Section 3.07(a) of <br /> this Agreement. <br /> "Agency Loans" means the Agency Construction Loan and the Agency Deferred Loan. <br /> "Approved Restaurant Product" means such restaurant operator as may be approved <br /> hereafter by the Agency Director in his reasonable discretion. <br /> "Cash Amount" means the sum of Two Million Two Hundred Sixty Five Thousand One <br /> Hundred Twenty Dollars ($2,265,120). <br /> "City" means the City of San Leandro. <br /> "Conditions Precedent" means; (a) the submittal by the Developer to the Agency of a <br /> Conforming Firm Financing Commitment; (b) the submittal by the Developer to the Agency of <br /> executed Minimum Required Leases; (c) the execution by Developer and delivery to the Agency of <br /> the License Agreement; (d) the execution and Delivery by the Developer to the Agency of <br /> 2 <br /> DOCSOC\746041 v4F24258.0002 <br />