FULL AGENDA_2018-01-16 - Laserfiche WebLink

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4 "City Project Manager" shall mean the City Manager and/or his/her designee. "Close of Escrow" shall mean the date upon which the Agency Loan Agreement and Agency Deed of Trust is recorded in the Official Records of the County. "Closing Statement" means the final statement of Developer’s Escrow account for the purchase of the Property pursuant to the purchase contract. "County" means the County of Orange, California. “Developer” or “Owner” means AMCAL 1440 Santa Ana Fund, LP, a California limited partnership. "Event of Default" has the meaning set forth in Section 20.1 of the Agency Loan Agreement. "Extremely Low Income" means an adjusted income which does not exceed thirty percent (30%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by TCAC in accordance with Sections 50052.5 and 50053 of the Health & Safety Code. "Governmental Authority" means any governmental or quasi-governmental agency, board, bureau, commission, department, court, administrative tribunal or other instrumentality or authority, and any public utility. "Hazardous Materials" means flammable materials, explosives, radioactive materials, hazardous wastes, toxic substances and similar substances and materials, including all substances and materials defined as hazardous or toxic wastes, substances or materials under any applicable law, including without limitation the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq., and the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et seq., as amended. Hazardous Material shall not include (i) construction products, household cleaners and office materials of the type and quantity ordinarily used in the normal construction, operation and maintenance of properties similar to the Project or (ii) small amounts of household mold to the extent promptly remediated upon discovery. "HCD" means the California Department of Housing and Community Development (HCD) and any successors or assigns thereof. "Housing Authority" means the Housing Authority of the City of Santa Ana, a public body, corporate and politic. "Improvements" means all improvements and fixtures now and hereafter comprising any portion of the Property, including, without limitation, landscaping, trees and plant materials; and offsite improvements, as required through the City of Santa Ana Planning and Building Agency entitlement process. "Indebtedness" of a person means (a) all indebtedness for borrowed money, (b) notes payable and drafts accepted representing extensions of credit, whether or not representing EXHIBIT 3 3-65