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ARTICLE 2. DEFINITIONS AND EXHIBITS Section 2.1 Recitals. The Recitals referenced above are hereby incorporated by reference into this Agreement and adopted by the parties to this Agreement as true and correct. Section 2.2 The Site. The "Site" is comprised of four contiguous parcels of land in the City: the Kottinger Parcel, the Regalia Parcel, the Vineyard Parcel, and the Pleasanton Gardens Parcel, as more particularly described in the attached Exhibit A-1. Section 2.3 Termination of this Agreement. This Agreement shall terminate with respect to each of the Phases of the Development upon execution of the corresponding City Ground Lease(s), as defined in Section 8.1 below. Section 2.4 Parties to the Agreement. (a) The City. The City is a municipal corporation. The principal office of the City is located at 123 Main Street, Pleasanton, CA 94566, or such other address as City shall hereafter designate in writing to Developer. "City" as used in this Agreement, includes the City of Pleasanton and any and all assignees of or successors to its rights, powers and responsibilities. (b) The Housing Authority. The Housing Authority is a public body corporate and politic organized under the laws of California, pursuant to Health and Safety Code section 34200, et seq. The principal office of the Housing Authority is located at 123 Main Street, Pleasanton, CA 94566, or such other address as the Housing Authority shall hereafter designate in writing to Developer. "Housing Authority" as used in this Agreement, includes the Housing Authority of the City of Pleasanton and any and all assignees of or successors to its rights, powers and responsibilities. Further, as set forth in Chapter 2.36 of the Pleasanton Municipal Code, the City Council shall act as the Board of Directors of the Housing Authority and therefore the City, City Council and Housing Authority Board of Directors may be used interchangeably. (c) The Developer. The Developer is MidPen Housing Corporation, a California nonprofit public benefit corporation. The principal office and mailing address of the Developer for purposes of this Agreement is 303 Vintage Park Drive, Suite 250, Foster City, CA 94404. Whenever the term "Developer" is used in this Agreement, such term shall include any and all assignees or successors in interest as herein provided. Section 2.5 Definitions. (a) "Area Median Income" shall mean the median gross yearly income, adjusted for actual household size, in the County of Alameda, California, as published from time to time by HUD. Area Median Income is applicable to the City's Lower Income Housing Fund which is the source of funds for the City Loan. 3 191\52\1242198 13