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(2) any "hazardous waste," "infectious waste" or "hazardous material"
<br />as defined in Section 25117, 25117.5 or 255010) of the California Health and Safety Code as
<br />amended from time to time;
<br />(3) any other waste, substance or material designated or regulated in
<br />any way as "toxic" or "hazardous" in the RCRA (42 U.S.C. Section 6901 et seq.), CERCLA (42
<br />U.S.C. Section 9601 et sec .), Federal Water Pollution Control Act (33 U.S.C. Section 1251 et
<br />seq.), Safe Drinking Water Act (42 U.S.C. Section 300(f) et seq.), Toxic Substances Control Act
<br />(15 U.S.C. Section 2601 et sem.), Clean Air Act (42 U.S.C. Section 7401 et seq.), California
<br />Health and Safety Code (Section 25100 et N., Section 39000 et sem.), or California Water Code
<br />(Section 13000 et seq.) as amended from time to time; and
<br />(4) any additional wastes, substances or materials which at such time
<br />are classified, considered or regulated as hazardous or toxic under any other present or future
<br />environmental or other similar laws relating to the Development
<br />(5) The term "Hazardous Materials" shall not include: (i) construction
<br />materials, gardening materials, household products, office supply products or janitorial supply
<br />products customarily used in the construction, maintenance, rehabilitation, or management of
<br />commercial properties, buildings and grounds, or typically used in household activities, or (ii)
<br />certain substances which may contain chemicals listed by the State of California pursuant to
<br />California Health & Safety Code Section 25249.8 et seq., which substances are commonly used
<br />by a significant portion of the population living within the region of the Improvements,
<br />including, but not limited to, alcoholic beverages, aspirin, tobacco products, nutrasweet and
<br />saccharine, so long as such materials and substances are stored, used and disposed of in
<br />compliance with all applicable Hazardous Materials Laws.
<br />(hh) "Hazardous Materials Laws" means all federal, state, and local laws,
<br />ordinances, regulations, orders and directives pertaining to Hazardous Materials in, on or under
<br />the Development or any portion thereof.
<br />(ii) "Housing Asset Fund" means the Low and Moderate Income Housing
<br />Asset Fund created pursuant to Health and Safety Code Section 34176.
<br />0j) "HUD" means the United States Department of Housing and Urban
<br />Development.
<br />(kk) "Improvements" means the hundred twenty-five (125) affordable housing
<br />units (including one manager's unit) to be constructed by the Developer together with all
<br />common areas, amenities, plans, entitlements, appurtenances, improvement easements, buildings
<br />and fixtures, and landscaping associated with the Property.
<br />(11) "Investor Limited Partner" means a reputable equity investor, reasonably
<br />acceptable to the City, committed to purchasing a membership interest in the Developer.
<br />(mm) "Loan" shall mean the loan in an amount not to exceed Three Million Five
<br />Hundred Thousand Dollars ($3,500,000) made from the City to the Developer pursuant to the
<br />terms of this Agreement, consisting of approximately Seven Hundred Forty -Seven Thousand
<br />REV: 06-17-2020 PR
<br />1199\09\2727850.8
<br />ATTY/AGR.2020.100/353 Main Street Apartments LP (Page 13 of 143)
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