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1.2. Exhibits. The following documents are referred to in this Agreement, attached hereto and made a part hereof by this reference: Exhibit Designation Description A-1 Map of Property A-2 Legal Description of the Property Owned in Fee or Leased by Developer B Existing Approvals C Form of Assumption Agreement References herein to "this Agreement" shall include all of the foregoing exhibits. 1.3. The Property. 1.3.1. Developer's Interest and Binding Covenants. The Developer represents, with respect to the Property depicted in Exhibit A-1 and described in Exhibit A-2,that on the Effective Date it owns or leases a controlling legal or equitable interest in the Property, or, in the case of the SSJID Property (APN 198-030-029 and a portion of APN 198-030-030, as depicted in Exhibit A-1), that the Developer has obtained the consent of the owner of the SSJID Property to the recording of this Agreement. It is intended and determined that the provisions of this Agreement shall constitute covenants which shall run with the Property, and the burdens and benefits hereof shall bind and inure to all successors in interest to the Parties hereto except as otherwise provided in this Section 1.3.1. and Sections 1.3.2. and 1.5. hereof. 1.3.2. Developer's Authority to Act. The Developer represents to the County (as a material inducement to the County to enter into this Agreement)that the Developer has sole and exclusive authority to act with respect to all obligations hereunder, with respect to all applications for approvals and permits pursuant to the Existing Approvals and this Agreement, with respect to receipt of all notices required to be given or received hereunder, and with respect to all remedies and other rights of County hereunder. 1.4. Effective Date; Term. 1.4.1. Effective Date. 1.4.1.A. Subject to the provisions of Sections 1.4.1.13, and 1.4.2.B., this Agreement shall be dated and the obligations of the parties hereunder shall be effective (the "Effective Date") as of the effective date of the Enacting Ordinance. The Developer acknowledges that the Enacting Ordinance is subject to referendum and that the timely filing of a valid referendum petition may delay or prevent the Enacting Ordinance from becoming effective. In the event that any Applicable Law is terminated, amended or otherwise materially changed during the interval between the initial approval of this Agreement by the Developer and the -12-