Laserfiche WebLink
"Hazardous Materials" means flammable materials, explosives, radioactive <br />materials, hazardous wastes, toxic substances and similar substances and materials, including all <br />substances and materials defined as hazardous or toxic wastes, substances or materials under any <br />applicable law, including without limitation the Resource Conservation and Recovery Act, 42 <br />U.S.C. §§ 6901 et seq., and the Comprehensive Environmental Response, Compensation and <br />Liability Act of 1980, 42 U.S.C. §§ 9601, et seq., as amended. <br />"HOME Compliance Period" means twenty (20) years from the issuance of the <br />Certificate of Completion or until payment of principal and all accrued interest on the HOME <br />Loan, whichever comes last. <br />"HOME Loan" means the loan with principal amount of TWO MILLION, TWO <br />HUNDRED AND NINETEEN THOUSAND, SEVEN HUNDRED AND SIXTY DOLLARS <br />($2,219,760.00) to be made to Developer by City from HOME funds pursuant to Article 5 of this <br />Agreement. <br />"HOME Loan Deed of Trust" means the deed of trust encumbering the <br />Property, in the form attached hereto as Exhibit C, to be executed by Developer pursuant to <br />Section 5.13.2 in order to secure the HOME Loan Promissory Note. <br />"HOME Loan Promissory Note" means that certain promissory note in the <br />original principal amount of TWO MILLION, TWO HUNDRED AND NINETEEN <br />THOUSAND, SEVEN HUNDRED AND SIXTY DOLLARS ($2,219,760.00) in the form <br />attached hereto as Exhibit D, and to be executed by Developer in favor of City to evidence the <br />obligation of Developer to repay the HOME Loan. <br />"HOME Program" has the meaning set forth in ,Recital "A" above <br />"HOME Regulations" has the meaning set forth in Recital "A" above. <br />"HOME Units" means the eleven (11) affordable units assisted with HOME <br />funds. <br />"HUD" means the United States Department of Housing and Urban Development <br />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, as required through the City of Santa Ana ,Planning <br />and ,Building Agency entitlement process. <br />"Indebtedness" of a person means (a) all indebtedness for borrowed money, (b) <br />notes payable and drafts accepted representing extensions of credit, whether or not representing <br />obligations for borrowed money, (c) any obligation for the purchase of property or services in <br />excess of $10,000 in the aggregate that is (i) deferred for more than six (6) months, or (ii) <br />evidenced by a note or similar instrument, and ( d) all recourse and all non-recourse indebtedness <br />