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04 - JOINT PH - Habitat DDA
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04 - JOINT PH - Habitat DDA
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1/3/2012 3:32:46 PM
Creation date
4/5/2011 11:27:45 AM
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City Clerk
Doc Type
Agenda Packet
Item #
04
Date
3/21/2011
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"Conveyance" means the conveyance of the Sites in each Phase to Developer by <br />recordation of the Grant Deeds fi•om the Agency on the Closing Date. <br />"Date of Agreement" is set forth in the first paragraph hereof. <br />"Default" means the failure of a patty to perform any action or covenant required by this <br />Agreement within the time periods set forth herein following notice and opportunity to cure, as <br />set forth in Section 501 hereof. <br />"Design Development Drawings" means those plans and drawings to be submitted to <br />the City for its approval, pursuant to Section 302 hereof. <br />"Developer" means Habitat for Humanity of Orange County, Inc., a California non-profit <br />public benefit corporation. <br />"Developer Deed of Trust" means each Deed of Trust, signed by Developer, which <br />shall be recorded as an encumbrance against each Site, as conveyed by Agency to Developer <br />substantially in the form of Exhibit E hereto which is incorporated herein. <br />"Developer Grant Deed" means the grant deed for the conveyance of each Site in a <br />Phase from the Agency to the Developer, substantially in the form of Exhibit C hereto which is <br />incorporated herein. <br />"Developer Parties" is defined in Section 208.7. <br />"Developer Promissory Note" means each Promissory Note signed by Developer in the <br />amount of the Agency assistance for each Site substantially in the form of Exhibit D hereto <br />which is incorporated herein. <br />"Developer's Conditions Precedent" means the conditions precedent to each Closing to <br />the benefit of the Developer, as set forth in Section 205.2. <br />"Environmental Laws" means a federal, state or local law, statute, ordinance or <br />regulation pertaining to environmental regulation, contamination or cleanup of any Hazardous <br />Materials including, but not limited to: (i) Sections 25115, 25117, 25122.7, or 25140 of the <br />California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), <br />(ii) Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 <br />(Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) Section 25501 of the <br />California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release <br />Response Plans and Inventory), (iv) Section 25281 of the California Health and Safety Code, <br />Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) Article 9 or <br />At-ticle 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (vi) Section <br />311 of the Clean Water Act (33 U.S.C. section 1317), (vii) Section 1004 of the Resource <br />Conservation and Recovery Act, 42 U.S.C. section 6901, et seq. (42 U.S.C. section 6903, (viii) <br />Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 <br />U.S.C. section 9601 et seq., or (ix) any state or federal lien or "superlien" law, any <br />environmental cleanup statute or regulation, or any permit, approval, authorization, license, <br />variance or permission required by any governmental authority having jurisdiction. <br />EXHIBIT 4 <br />
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