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"Extremely Low Income" means an adjusted income which does not <br />exceed thirty percent (30%) of the area median income for the Orange County, <br />California PMSA, adjusted for household size, as published by HUD. <br />"Event of Default" has the meaning set forth in Section 20.1. <br />"General Partner" means the Santa Ana Arts Collective, LLC, a <br />California limited liability company, and WCH Affordable XV11I, LLC, a <br />California limited liability company. <br />"Governmental Authority" means any governmental or quasi <br />governmental agency, board, bureau, commission, department, court, <br />administrative tribunal or other instrumentality or authority, and any public utility. <br />"Hazardous Materials" means flammable materials, explosives, <br />radioactive materials, hazardous wastes, toxic substances and similar substances <br />and materials, including all substances and materials defined as hazardous or toxic <br />wastes, substances or materials under any applicable law, including without <br />limitation the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et sees ., <br />and the Comprehensive Environmental Response, Compensation and Liability Act <br />of 1980, 42 U.S.C. §§ 9601, et seq., as amended. <br />"Housing Opportunity Ordinance" means the Santa Ana Ordinance No. <br />NS -2881, and as such terms may be amended by the Santa Ana City Council in the <br />future. <br />"HUD" means the United States Department of Housing and Urban <br />Development 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, <br />landscaping, trees and plant materials; and offsite improvements, as required <br />through the City of Santa Ana Planning and Building Agency entitlement process. <br />"Inclusionary Deed of Frust" means the deed of trust encumbering the <br />Property, in the form attached hereto as Exhibit C, to be executed by Developer <br />pursuant to Section 5.B.1 in order to secure the Inclusionary Promissory Note. <br />"Inclusionary Housing Fund" means the fund created by the City of Santa <br />Ana in which all fees collected in compliance with the Housing Opportunity <br />Ordinance shall be deposited, as defined by Santa Ana Municipal Code section 41- <br />1901 and applied by Santa Ana Municipal Code section 41-1909. <br />"Inclusionary Loan" means the Inclusionary Funds that will be awarded <br />to the Developer under this agreement that must be repaid through residual <br />receipts. <br />