|
Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42
<br />U.S.C. §§ 9601, et seq., as amended. Hazardous Material shall not include (i) construction
<br />products, household cleaners and office materials of the type and quantity ordinarily used
<br />in the normal construction, operation, ownership, occupancy and maintenance of properties
<br />similar to the Project or (ii) small amounts of household mold to the extent promptly
<br />remediated upon discovery.
<br />
<br /> "Housing Authority" means the Housing Authority of the City of Santa
<br />Ana (CA093), a public body, corporate and politic.
<br />
<br /> "HUD" means the United States (U.S.) Department of Housing and Urban
<br />Development, and any successors or assigns thereof.
<br />
<br /> "Improvements" means all improvements and fixtures now and hereafter
<br />comprising any portion of the Property, including, without limitation, landscaping, trees
<br />and plant materials; and offsite improvements, as required through the City of Santa Ana
<br />Planning and Building Agency entitlement process.
<br />
<br /> "Laws" means all statutes, laws, ordinances, regulations, orders, writs,
<br />judgments, injunctions, decrees or awards of the United States or any state, county,
<br />municipality or other Governmental Authority.
<br />
<br /> “Legal Challenge” means any challenge (legal, administrative, court or
<br />governmental order, or otherwise) by any Person(s) to the legality or validity of all or any
<br />portion of the Agency’s approval of the Lease, the Improvements or the Project, or to the
<br />use of the Property for the Project, or to attack, set aside, void or annul any approval of the
<br />City concerning the Agency Loan, the Improvements or the Project.
<br />
<br />"Lien" means any lien, mortgage, pledge, security interest, charge or
<br />encumbrance of any kind, including any conditional sale or other title retention agreement,
<br />any lease in the nature thereof, and any agreement to give any lien or security interest.
<br />
<br /> “Loan Documents” or “Agency Loan Documents” means, collectively,
<br />this Agreement, the Agency Promissory Note, the Agency Deed of Trust, and the
<br />Affordability Restrictions on Transfer of Property, and any other agreement, document, or
<br />instrument that the Agency reasonably requires in connection with the execution of this
<br />Agreement or from time to time to effectuate the purposes of this Agreement.
<br />
<br /> “Low Income” means an adjusted income which does not exceed eighty
<br />percent (80%) of the Median Income for the Area, adjusted for household size, as published
<br />by the U.S. Department of Housing and Urban Development (HUD) and in accordance
<br />with Sections 50052.5 and 50053 of the Health & Safety Code.
<br />
<br /> “Median Income for the Area” means the median income for the Orange
<br />County, California PMSA as most recently determined by HUD. Also may be referred to
<br />interchangeably in the Agency Loan Documents as “Area Median Income” or “AMI”.
<br />
<br />
<br />EXHIBIT 4
|