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"Construction" means the demolition and construction activities required to
<br />construct the 41 residential unit, multi - family project specified in City Site Plan Review No. 2009-
<br />02.
<br />"Construction Contract" means each and every contract between Vista Del Rio, the
<br />General Contractor, and /or any subcontractor for the construction of the Improvements, or any part
<br />thereof, including construction of any on -site or off -site improvements included in the Scope of
<br />Development, the land use entitlement approved by the City. The Construction Contract between
<br />Vista Del Rio and the General Contractor shall be for a fixed fee to complete all work to be
<br />performed or caused to be performed by the General Contractor under such Construction Contract.
<br />Each Construction Contract shall be reviewed and reasonably approved (or disapproved) by
<br />Executive Directors, with each contract to include: (i) a full recitation of Section 3 and the Section 3
<br />Clause with an express acknowledgement and agreement by the General Contractor and each
<br />subcontractor, as applicable, to fully comply with the Section 3 Clause, (ii) an express
<br />acknowledgement and agreement by the General Contractor and each subcontractor, as applicable,
<br />that as a condition precedent to the final payment under its contract, the General Contractor or
<br />subcontractor, as applicable, shall provide written evidence, in form reasonably satisfactory to the
<br />Executive Directors and /or HUD, that it and all its subcontractor(s) have complied with the Section 3
<br />Clause in completing the development of the Project, and (iii) reference to all other applicable federal
<br />regulations and laws based on the final federal funding sources, if any, to which such General
<br />Contractor or subcontractor, as applicable, must comply in undertaking the construction and
<br />development of the Project; provided it is understood by the parties that it is and shall remain
<br />primarily the Vista Del Rio's obligation to obtain and submit all required Section 3 Clause
<br />documentation. The Construction Contract shall include any and all provisions required by the CRL,
<br />the Section 8 requirements and the HOME Regulations, as applicable.
<br />"Construction Lender" means the maker of the Construction Loan.
<br />"Construction Loan" means that certain construction loan from the Construction
<br />Lender to Vista Del Rio.
<br />"County" means the County of Orange, California.
<br />"Deeds of Trust" means the Agency Loan Deed of Trust and the City /HOME Loan
<br />Deed of Trust.
<br />"DDA" means that Disposition and Development Agreement entered into by the
<br />Community Redevelopment Agency of the City of Santa Ana, as predecessor in interest to the City
<br />of Santa Ana, acting as Successor Agency, Authority and Vista Del Rio and dated as of July 20,
<br />2009, as amended by the First Amendment to Disposition and Development Agreement dated as of
<br />March 15, 2010, that Second Amendment to Disposition and Development Agreement dated as of
<br />December 20, 2010, and that Third Amendment to Disposition and Development Agreement dated as
<br />of March 21, 2011.
<br />"Environmental Laws" means any 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 California
<br />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 (Carpenter-
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