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"Hazardous Materials" means flammable materials, explosives, radioactive
<br />materials, hazardous wastes, toxic substances and similar substances and materials, including
<br />all substances and materials defined as hazardous or toxic wastes, substances or materials
<br />under any applicable law, including without limitation the Resource Conservation and
<br />Recovery Act, 42 U.S.C. §§ 6901 et secs., and the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et seq., as amended. Hazardous
<br />Material shall not include (i) construction products, household cleaners and office materials
<br />of the type and quantity ordinarily used in the normal construction, operation and
<br />maintenance of properties similar to the Project or (ii) small amounts of household mold to
<br />the extent promptly remediated upon discovery.
<br />"HCD" means the California Department of Housing and Community Development
<br />(HCD) and any successors or assigns thereof.
<br />"Improvements" means all improvements and fixtures now and hereafter
<br />comprising any portion of the Property, including, without limitation, landscaping, trees and
<br />plant materials; and offsite improvements (including, without limitation, streets, curbs, storm
<br />drains, and adjacent street lighting).
<br />"Inclusionary Deed of Trust" means the deed of trust encumbering the Property, in the
<br />form attached as Exhibit C to the Inclusionary Loan Agreement, to be executed by Owner
<br />pursuant to Section 5.13.2 in order to secure the Inclusionary Loan Note.
<br />"Inclusionary Loan" means the loan to be made by the City to Owner in the principal
<br />amount of Two - Million, Six Hundred Thousand Dollars ($2,600,000.00) in accordance with
<br />this Agreement.
<br />"Inclusionary Promissory Note" means that certain promissory note in the original
<br />principal amount of $2,600,000 in the form attached as Exhibit D to the Inclusionary Loan
<br />Agreement, and to be executed by Owner in favor of City to evidence the obligation of
<br />Owner to repay the Inclusionary Loan through residual receipts as further described in the
<br />Inclusionary Promissory Note.
<br />"Indebtedness" of a person means (a) all indebtedness for borrowed money,
<br />(b) notes payable and drafts accepted representing extensions of credit, whether or not
<br />representing obligations for borrowed money, (c) any obligation for the purchase of property
<br />or services in excess of $10,000 in the aggregate that is (i) deferred for more than six (6)
<br />months, or (ii) evidenced by a note or similar instrument, and (d) all recourse and all non-
<br />recourse indebtedness secured by any Lien on any property or asset of such person (whether
<br />or not assumed by such person).
<br />"Indemnitees" has the meaning set forth in Section 18.2.
<br />"Laws" means all statutes, laws, ordinances, regulations, orders, writs, judgments,
<br />injunctions, decrees or awards of the United States or any state, county,
<br />municipality or other Governmental Authority.
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<br />80A -57
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