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"Construction Drawings" means those plans, specifications and drawings submitted to
<br />the building department of the City in sufficient detail to entitle the Developer to the issuance of
<br />appropriate building permits for the Developer Improvements.
<br />"Convey," or "Conveyed" or "Conveyance(s)" individually, is the conveyance of a
<br />Phase of the Site (or in the case of Phase FS, a Portion or Phase of Phase FS), by the Agency to
<br />the Developer on the Closing Date for such Phase (or Portion or Phase) in the manner set forth in
<br />Section 201.5. The Agency and the Developer anticipate that there will be three separate
<br />Conveyances, one for each Phase.
<br />"Date of Agreement" means June 7, 2010.
<br />"Default" is defined in Section 501.
<br />"Developer" means Santa Ana Station District, LLC, a California limited liability
<br />company, or permitted assignee.
<br />"Developer Improvements" means the Housing Units and associated improvements as
<br />required by this Agreement to be: (i) constructed upon the Site or the applicable Phase thereof,
<br />with related offsite improvements, as more particularly described in the Land Use Approvals and
<br />Scope of Development, and (ii) operated as affordable housing in conformity with the terms of
<br />this Agreement with respect to such Phase.
<br />"Developer Parties" is defined in Section 206.8.
<br />"Developer's Conditions Precedent" means the conditions precedent to the Closing for
<br />the benefit of the Developer, as set forth in Section 204.2.
<br />"Developer Title Policy Costs" is defined in Section 201.1.
<br />"Environmental Condition" means the absence or existence of (i) Hazardous Materials
<br />on the Site, or (ii) Hazardous Materials contamination due to the generation of Hazardous
<br />Materials from the Site, however such Hazardous Materials came to be placed where found.
<br />"Environmental Laws" means any federal, state or local law, statute, ordinance or
<br />regulation pertaining to environmental regulation, contamination or cleanup of any
<br />Hazardous Materials, including, without limitation, (i) Sections 25115, 25117, 25122.7 or 25140
<br />of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control
<br />Law)), (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 />Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20,
<br />(vi) Section 311 of the Clean Water Act (33 U.S.C. §1317), (vii) Section 1004 of the Resource
<br />Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903), (viii) Section 101 of
<br />the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601
<br />et seq., or (ix) any state or federal lien or "super lien" law, any environmental cleanup statute or
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