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<br />EXHIBIT 3
<br />adjacent to or surrounding the Project, or any other person coming on the Project or any
<br />adjacent property; and
<br />(ix)any other chemical, material, or substance that may pose a hazard to the
<br />environment flammable materials, explosives, radioactive materials, hazardous wastes,
<br />toxic substances and similar substances and materials, including all substances and
<br />materials defined as hazardous or toxic wastes, substances or materials under any
<br />applicable law, including, without limitation the Resource Conservation and Recovery Act,
<br />42 U.S.C. Section 6901 et. seq., as amended.
<br />The term Hazardous Substance shall not include materials or
<br />substances commonly used in the construction and operation of an
<br />apartment complex in accordance with applicable Hazardous
<br />Substance Law.
<br />“Hazardous Substance Law” means any federal, state, or local law, ordinance,
<br />regulation, or policy relating to the environment, health, and safety, any Hazardous
<br />Materials (including, without limitation, the use, handling, transportation, production,
<br />disposal, discharge, or storage of the substance), industrial hygiene, soil, groundwater, and
<br />indoor and ambient air conditions or the environmental conditions on the Project,
<br />including, without limitation, the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980 [42 USCS §§ 9601 et seq.], as amended from
<br />time to time; the Hazardous Substances Transportation Act [49 USCS §§ 1801 et seq.], as
<br />amended from time to time; the Resource Conservation and Recovery Act [42 USCS §§
<br />6901 et seq.], as amended from time to time; the Federal Water Pollution Control Act [33
<br />USCS §§ 1251 et seq.], as amended from time to time; the Hazardous Substance Account
<br />Act [Health and Safety Code §§ 25300 et seq.], as amended from time to time; the
<br />Hazardous Waste Control Law [Health and Safety Code §§ 25100 et seq.], as amended
<br />from time to time; the Medical Waste Management Act [Health and Safety Code §§ 25015
<br />et seq.], as amended from time to time; and the Porter-Cologne Water Quality Control Act
<br />[Water Code §§ 13000 et seq.], as amended from time to time.
<br />“HOME-ARP Compliance Period” is for a period of twenty (20) years from the
<br />issuance of the Certificate of Completion, unless a shorter period is required by HUD or
<br />the HOME-ARP Program.
<br />"HOME-ARP Operating Expense Deficit" is the amount by which operating
<br />costs of the HOME-ARP Units as defined in the HOME-ARP Notice exceed the rent
<br />payments of qualifying households of the HOME-ARP Units for any period.
<br />"HOME-ARP Program" has the meaning set forth in Recital "A" above.
<br />"HOME-ARP Qualifying Population” means any individual or family who
<br />meets the eligibility criteria of a “qualifying population” of the HOME-ARP Program.
<br />“HOME-ARP Subsidy Reserve” has the meaning set forth in Section 12.10 and
<br />complies with the requirements for payment of “operating cost assistance” under the
<br />HOME-ARP Program.
<br />5
<br />WISEPlace Permanent Supportive Housing
<br />City HOME-ARP Loan Agreement
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