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standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they
<br />apply to work undertaken pursuant to this Agreement, and all other provisions of the City and its
<br />Municipal Code (as they apply to work undertaken pursuant to this Agreement), and the Unruh Civil
<br />Rights Act, Civil Code § 51 et seq.
<br />"Grant Deed" means a grant deed for the conveyance of the Property to Vista Del
<br />Rio in a form reasonably acceptable to Vista Del Rio and the Executive Directors.
<br />"HAP Contract" shall mean, collectively, the initial "Agreement to Enter into
<br />Housing Assistance Payments Contract" (such contract may be referred to as the "AHAP ") and the
<br />initial Housing Assistance Payments Contract to be entered into by and between Authority and Vista
<br />Del Rio expressly subject to all Section 8 Requirements and other applicable federal laws and
<br />regulations and pursuant to which Authority will agree to provide Project Based Section 8 assistance
<br />to a specified number of Units at the Project in accordance with the DDA, as amended. Pursuant and
<br />subject to HR3221, enacted July 30, 2008, the HAP Contract is expected to be for a term of
<br />effectiveness of fifteen (15) years, expressly subject to all Section 8 Requirements. Renewals, if any,
<br />of the HAP Contract by HUD (and Authority) beyond the first 15 years thereof are and shall remain
<br />subject to the sole and absolute discretion of the Executive Directors and the Section 8 Requirements,
<br />and all provisions of this Agreement, including Section 7.3, et seq. Notwithstanding anything to the
<br />contrary set forth herein or in any other Project Document, the Partnership Agreement, the Senior
<br />Loan Documents, or any other document or instrument entered into by Vista Del Rio, Authority
<br />and /or any third party(ies) relating to the Project or the Property, nothing set forth in any such
<br />instruments shall modify, amend, or alter be construed or deemed to modify, amend or alter any
<br />provision or term of the HAP Contact.
<br />"Hazardous Materials" means any substance, material, or waste which is or
<br />becomes, 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 Section
<br />25115, 25117, or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety
<br />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), (v)
<br />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, 42
<br />U.S.C. Section 6901 etseq.,(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 et seq.
<br />"HOME Compliance Period" means the later to occur of (a) twenty (20) years from
<br />the later to occur of (1) issuance of the Release of Construction Covenants or (2) the date on which
<br />City reports the Construction of the Project is complete to HUD; or (b) payment in full of all of
<br />principal and all accrued interest on the HOME Loan.
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