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EXHIBIT 2
<br />0) "Governmental Authority" means any governmental or quasi -
<br />governmental agency, board, bureau, commission, department, court, administrative tribunal or
<br />other instrumentality or authority, and any public utility.
<br />(k) "Hazardous Materials" means flammable materials, explosives,
<br />radioactive materials, hazardous wastes, toxic substances and similar substances and materials,
<br />including all substances and materials defined as hazardous or toxic wastes, substances or
<br />materials under any applicable law, including without limitation the Resource Conservation and
<br />Recovery Act, 42 U.S.C. §§ 6901 et seq., and the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et seq., as amended. Hazardous
<br />Material shall not include (i) construction products, household cleaners and office materials of the
<br />type and quantity ordinarily used in the normal construction, operation, ownership, occupancy
<br />and maintenance of properties similar to the Project or (ii) small amounts of household mold to
<br />the extent promptly remediated upon discovery.
<br />(1) "HUD" means the United States (U.S.) Department of Housing and Urban
<br />Development, and any successors or assigns thereof.
<br />(m) "Improvements" means all improvements and fixtures now and hereafter
<br />comprising any portion of the Property, including, without limitation, landscaping, trees and plant
<br />materials; and offsite improvements, as required through the City of Santa Ana Planning and
<br />Building Agency entitlement process.
<br />(n) "Inclusionary Grant" means a grant in the original principal amount of
<br />up to Two Million Two Hundred Thousand Dollars ($2,200,000) to be made to Developer by the
<br />City to be funded exclusively from the Inclusionary Housing Fund.
<br />(o) "Indemnitees" has the meaning set forth in Section 11.5.
<br />(p) "Laws" means all statutes, laws, ordinances, regulations, orders, writs,
<br />judgments, injunctions, decrees or awards of the United States or any state, county, municipality
<br />or other Governmental Authority.
<br />(q) "Lien" means any lien, mortgage, pledge, security interest, charge or
<br />encumbrance of any kind, including any conditional sale or other title retention agreement, any
<br />lease in the nature thereof, and any agreement to give any lien or security interest.
<br />(r) "Project" means the construction of the Improvements generally described
<br />in the attached Exhibit B upon the Property by Developer pursuant to this Agreement.
<br />(s) "Project Budget" means the line -item budget for the Project attached
<br />hereto as Exhibit C, as modified from time to time in accordance with this Agreement.
<br />(t) "Property" means the property located at 1921 W. Washington Avenue,
<br />Santa Ana, California 92701, with Assessor Parcel Number 405-101-37, which is more
<br />particularly described in the legal description attached hereto as Exhibit A.
<br />5 53 94.0010 1 \42414134.1
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