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• <br /> "Conforming Restaurant Amount" means Two Hundred Fifty Thousand Dollars <br /> ($250,000). <br /> "Conforming Restaurant Facility" means a restaurant that (i) is an Approved Restaurant <br /> Product, (ii) is a sit -down restaurant; (iii) is not a fast -food restaurant; (iv) has a full service menu <br /> with wait service; (v) serves not less than two meals per day at least five (5) days per week; (vi) has <br /> entered into a lease on commercially reasonable terms (including without limitation the term thereof) <br /> deemed acceptable by the Agency Director; and (vii) consists of not less than two thousand (2,000) <br /> square feet floor area. <br /> "Conforming Senior Loan" is defined in Section 3.09 hereof. <br /> "Conveyance Date" means the date the Agency Deed is recorded. <br /> "Date of Agreement" means the date this Agreement is approved by the Agency. <br /> "Deferred Amount" means Two Hundred Forty Eight Thousand Three Hundred One <br /> Dollars ($248,301). <br /> "Developer" means Creekside Associates LLC, a California limited liability company. <br /> "Developer Disbursement Certificate" means a certificate by the Managing Member of the <br /> Developer in the form of Exhibit "1 ". <br /> "Developer Construction Note" means a promissory note in the form of Exhibit "H ". <br /> "Developer Construction (Third) Deed of Trust" means a deed of trust in the form of <br /> Exhibit "G ". <br /> "Developer Deferred Note" means a promissory note in the form of Exhibit "K ". <br /> "Developer Deferred (Second) Deed of Trust" means a deed of trust in the form of <br /> Exhibit "J ". <br /> "Developer Improvements" means the Minimum Office Improvements, the Adjacent City <br /> Property Improvements, the Condominium Benefiting Improvements and any off -site improvements <br /> or other undertakings required in connection with project approvals (including without limitation any <br /> approvals under the California Environmental Quality Act [ "CEQA "]). <br /> "Development Concept Plan" means that certain plan attached hereto as Exhibit "B ". <br /> "Escrow Agent" means First American Title Guaranty Company, 1535 Harrison Street, <br /> Oakland, CA 94612 or another mutually acceptable escrow holder. <br /> "Event(s) of Default" means any default or failure by Developer to perform under this <br /> Agreement in any respect, including without limitation the exhibits hereto. <br /> "Executive Director" means the Executive Director of the Agency or his designee. <br /> "Fifth Anniversary" means the fifth anniversary of the Conveyance Date. <br /> 4 <br /> D00500746041 v4\24258.0002 <br />