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wage requirements, the City zoning and development standards, City permits and approvals,
<br />building, plumbing, mechanical and electrical codes, as they apply to work undertaken pursuant to
<br />this Agreement, and all other provisions of the City and its Municipal Code (as they apply to work
<br />undertaken pursuant to this Agreement), and the Unruh Civil Rights Act, Civil Code § 51 et seq.
<br />"Hazardous Materials" means any substance, material, or waste which is or becomes,
<br />regulated by any local governmental authority, the State of California, or the United States
<br />government, including, but not limited to, any material or substance which is (i) defined as a
<br />"hazardous waste," "extremely hazardous waste," or "restricted hazardous waste under
<br />Section 25115, 25117, or 25122.7, or listed pursuant to Section 25140 of the California Health and
<br />Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a "hazardous
<br />substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8
<br />(Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
<br />material," "hazardous substance," or " hazardous waste" under Section 25501 of the California
<br />Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans
<br />and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health
<br />and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances),
<br />(v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) designated as "hazardous
<br />substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317), (ix) defined as
<br />a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act,
<br />42 U.S.C. Section 6901 et seq.,(42 U.S.C. section 6903) or (x) defined as "hazardous substances"
<br />pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and
<br />Liability Act, 42 U.S.C. section 9601 etseq.
<br />"HOME Program" shall mean the Title II of the Cranston-Gonzalez National Affordable
<br />Housing Act, as amended, specifically the HOME Investment Partnership Act, 42 U.S.C. § 12701, et
<br />seq. and the implementing HOME Regulations at 24 CFR §92.1, et seq., as such law now exists and
<br />as it may hereafter be amended, to the extent applicable to the Project.
<br />"HOME Regulations" shall mean the implementing regulations of the HOME Program set
<br />forth at 24 CFR §92.1, et seq. as such regulations now exist and as they may hereafter be amended, to
<br />the extent applicable to the Project. Developer covenants hereunder to comply with the
<br />Redevelopment Law and all applicable HOME Regulations in the performance of this Agreement
<br />and the other Project Documents, whichever are more restrictive. In implementation of these
<br />requirements, this Agreement, the Project, and all eligible contributions and expenditures hereunder
<br />shall conform to the following:
<br />a. The housing developed hereunder does and shall qualify as affordable
<br />housing under 24 CFR §92.252 because each Housing Unit shall be rented at an Affordable Rent;
<br />and
<br />b. This Agreement serves as the written agreement that imposes and enumerates
<br />(by meeting or exceeding) all of the affordability requirements from 24 CFR §92.252; the property
<br />standards requirements of 24 CFR §92.251; and income determinations made in accordance with 24
<br />CFR §92.203.
<br />"HOME Units" shall mean eleven (11) of the Housing Units (specifically, ten (10) of the
<br />three-bedroom units and one (1) five-bedroom unit) which shall be designated as HOME Units and
<br />shall be subject to all applicable HOME Regulations. [All HOME Units shall be "Low HOME" units
<br />250-12
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