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(j) "Governmental Authority" means any governmental or quasi-
<br /> governmental agency, board, bureau, commission, department, court, administrative tribunal or
<br /> other instrumentality or authority, and any public utility.
<br /> (lc) "Hazardous Materials" means flammable materials, explosives,
<br /> radioactive materials, hazardous wastes, toxic substances and similar substances and materials,
<br /> including all substances and materials defined as hazardous or toxic wastes, substances or
<br /> materials under any applicable law, including without limitation the Resource Conservation and
<br /> Recovery Act, 42 U.S.C. §§ 6901 et seq.,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 of the
<br /> type and quantity ordinarily used in the normal construction, operation, ownership, occupancy
<br /> and maintenance of properties similar to the Project or(ii) small amounts of household mold to
<br /> the extent promptly remediated upon discovery.
<br /> (1) "HUD" means the United States(U.S.) Department of Housing and Urban
<br /> Development, and any successors or assigns thereof
<br /> (m) "Improvements" means all improvements and fixtures now and hereafter
<br /> comprising any portion of the Property, including, without limitation, landscaping, trees and plant
<br /> materials; and offsite improvements, as required through the City of Santa Ana Planning and
<br /> Building Agency entitlement process.
<br /> (n) "Inclusionary Grant" means a grant in the original principal amount of
<br /> up to Two Million Two Hundred Thousand Dollars ($2,200,000)to be made to Developer by the
<br /> City to be funded exclusively from the Inclusionary Housing Fund.
<br /> (o) "Indemnitees" has the meaning set forth in Section 11.5.
<br /> (p) "Laws" means all statutes, laws, ordinances, regulations, orders, writs,
<br /> judgments, injunctions, decrees or awards of the United States or any state, county, municipality
<br /> or other Governmental Authority.
<br /> (q) "Lien" means any lien,mortgage, pledge, security interest, charge or
<br /> encumbrance of any kind, including any conditional sale or other title retention agreement, any
<br /> lease in the nature thereof, and any agreement to give any lien or security interest.
<br /> (r) "Project" means the construction of the Improvements generally described
<br /> in the attached Exhibit B upon the Property by Developer pursuant to this Agreement.
<br /> (s) "Project Budget" means the line-item budget for the Project attached
<br /> hereto as Exhibit C, as modified from time to time in accordance with this Agreement.
<br /> (t) "Property" means the property located at 1921 W. Washington Avenue,
<br /> Santa Ana, California 92701, with Assessor Parcel Number 405-101-37, which is more
<br /> particularly described in the legal description attached hereto as Exhibit A.
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