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<br />THEREFORE, City and Developer hereby agree as follows: <br /> <br />ARTICLE I <br />DEFINITIONS <br /> <br />1. I Definitions. When used in this Agreement, the following terms shall have the <br />respective meanings assigned to them in this Article I. <br /> <br />(a) "Actual Household Size" shall mean the actual number of persons in the <br />applicable household. <br /> <br />(b) "Adjusted Income" shall mean the total anticipated annual income of all <br />persons in a household as calculated in accordance with procedures mutually agreed to by the <br />City and Developer. ' <br /> <br />(c) "Affordable Charges" shall mean the total monthly charges paid in <br />connection with the occupancy of a Very Low Income Unit, a Low Income Unit or the Very Low <br />Income Memory Impaired Bed and the services Developer is required to provide to the Residents <br />of the Very Low Income Units, Low Income Units or the Very Low Income Memory Impaired <br />Bed in order for Developer to comply with Section 4.1. <br /> <br />(d) "Assisted Living" shall mean the provision of certain basic services <br />established by the State of California's licensing requirements for Residential Care Facilities for <br />the Elderly pursuant to Ca1ifomia Health and Safety Code Section 1569 et seo. and its <br />implementing regulations, as such services may be modified during the Term of this Agreement. <br /> <br />(e) "Assisted Living Laws" shall mean California Health and Safety Code <br />Section 1569 et seo. and its implementing regulations or, in the event California Health and <br />Safety Code Section 1569 is repealed, state law applicable to facilities that are comparable to <br />Residential Care Facilities to the Elderly. <br /> <br />(f) "City Deed of Trust" shall mean the deed of trust to City on the <br />Developer's leasehold interest in the Property which secures repayment of the City Loan and the <br />performance ofthe Loan Agreement and this Agreement. <br /> <br />(g) "City Loan" shall mean all funds loaned to Developer by City pursuant to <br />the Loan Agreement. <br /> <br />(h) "City Note" shall mean the promissory note from Developer to City <br />evidencing all or any part of the City Loan. <br /> <br />(i) "Developer" shall mean BLP Partnership, Inc., a Califomia nonprofit <br />public benefit corporation. <br /> <br />(j) "Extremely Low Income Charges" shall mean the maximum allowable <br />Affordable Charges for an Extremely Low Income Unit pursuant to Section 2.2(a) below. <br /> <br />144\105\159081.11 with 159081.10 <br />Redline 275355 <br /> <br />2 <br />