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SAFA_FULL PACKET_2014-06-03
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SAFA_FULL PACKET_2014-06-03
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Last modified
5/30/2014 11:00:58 AM
Creation date
5/30/2014 10:59:39 AM
Metadata
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
4
Date
6/3/2014
Destruction Year
2019
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ARTICLE I <br />DEFINITIONS; RULES OF INTERPRETATION <br />Section 1.1. Definitions. All terms defined in this Section 1.1 have the meanings herein <br />specified for all purposes of this Lease Agreement. <br />"Additional Payments" means the amounts specified as such in Section 43(b) of this Lease <br />Agreement. <br />"Applicable Environmental Laws" means and shall include, but shall not be limited to, the <br />Comprehensive Environmental Response, Compensation, and Liability Act ( "CERCLA "), 42 <br />USC Sections 9601 et seq.; the Resource Conservation and Recovery Act ( "RCRA "), 42 USC <br />Sections 6901 et seq.; the Federal Water Pollution Control Act, 33 USC Sections 1251 et seq.; the <br />Clean Air Act, 42 USC Sections 7401 et seq.; the California Hazardous Waste Control Law <br />( "HWCL "), California Health & Safety Code Sections 25100 et seq.; the Hazardous Substance <br />Account Act ( "HSAA "), California Health & Safety Code Sections 25300 et seq.; the Porter - <br />Cologne Water Quality Control Act (the "Porter - Cologne Act "), California Water Code Sections <br />1300 et seq.; the Air Resources Act, California Health & Safety Code Sections 3900 et seq.; the Safe <br />Drinking Water & Toxic Enforcement Act, California Health & Safety Code Sections 25249.5 et <br />seq.; and the regulations under each thereof; and any other local, state, and /or federal laws or <br />regulations, whether currently in existence or hereafter enacted, that govern: <br />(a) the existence, cleanup, and /or remedy of contamination on property; <br />(b) the protection of the environment from spilled, deposited, or otherwise <br />emplaced contamination; <br />(c) the control of hazardous wastes; or <br />(d) the use, generation, transport, treatment, removal, or recovery of Hazardous <br />Substances, including building materials. <br />"Assignees" means (a) initially, WAPF. CB and COPF,_as assignees of all rights, title and <br />interests of the Authority hereunder, and (b) any other entity to whom the rights of the <br />Authority hereunder are assigned, including subsequent assignees of the Assignees. <br />"Assignment Agreements" means, collectively, the WAPF Assignment Agreement the CB <br />Assignment Agreement and the COPF Assignment Agreement <br />"Authority" means Santa Ana Financing Authority, a joint exercise of powers authority, <br />organized and existing under the laws of the State. <br />"Authority Representative" means the Chair, the Executive Director or the Treasurer or the <br />designee of any such official, or any other person authorized by resolution of the Authority <br />delivered to the ssi pees to act on behalf of the Authority under or with respect to the Site and <br />Facility Lease, the Lease Agreement and the Assignment Agreements. <br />'Bond Counsel' means (a) Quint & Thimmig LLP, or (b) any other attorney or firm of <br />attorneys of nationally recognized expertise with respect to legal matters relating to obligations <br />the interest on which is excludable from gross income under Section 103 of the Tax Code. <br />"Business Day" means a day other than a Saturday, Sunday or legal holiday, on which <br />banking institutions are not closed in the State. <br />-2- <br />4 -47 <br />
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