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ATTY/RESO.0020/CC RESO APPROVING AMENDMENTS TO HPP GUIDELINES – EXHIBIT B
<br />REV: 05-04-26 LF
<br />Page 9 of 86
<br />o. “Control” means possession, directly or indirectly, of the power to direct
<br />or cause the direction of the management and policies of a Person and contractually bind such
<br />Person, whether by ownership of Equity Interests, by contract, or otherwise.
<br />p. “Construction” means any alteration, construction, excavation,
<br />demolition, grading, development, expansion, reconstruction, redevelopment, repair, restoration,
<br />or other work affecting the Property.
<br />q. “County” means the County of San Mateo, California.
<br />r. “Deed of Trust” has the meaning set forth in Section 201.
<br />s. “Development” means the multifamily rental housing development located
<br />on the Property, which includes [insert total number of units] apartment units that have been
<br />constructed and are in operation on the Property. The Development includes (i) ____________
<br />units that will be available and rented to households whose income does not exceed the maximum
<br />income for Extremely Low Income Households (collectively, the “Extremely Low Income Units”),
<br />(ii) ________________ units that will be available and rented to households whose income does
<br />not exceed the maximum income for Very Low Income Households (the “Very Low Income
<br />Units”), and (iii) ________________ units that will be available and rented to households whose
<br />income does not exceed the maximum income for Low Income Households (the “Low Income
<br />Units”) as a condition of the making of this Loan by City. Additionally, ________________ unit
<br />will be an unrestricted managers’ unit.
<br />t. “Disbursement” has the meaning set forth in Section 204.1.
<br />u. “Effective Date” means the date first set forth in this Agreement above.
<br />v. “Environmental Claim” means any and all claims, demands, damages,
<br />losses, liabilities, obligations, penalties, fines, actions, causes of action, judgments, suits,
<br />proceedings, costs, disbursements and expenses, including reasonable attorney’s fees and costs
<br />and costs of environmental consultants and other experts, and all foreseeable and unforeseeable
<br />damages or costs of any kind or of any nature whatsoever, directly or indirectly, relating to or
<br />arising from any actual or alleged violation of any Environmental Law or Hazardous Substance
<br />Discharge.
<br />w. “Environmental Document” means any exemption determination, any
<br />Negative Declaration (mitigated or otherwise) or any Environmental Impact Report (including any
<br />addendum or amendment to, or subsequent or supplemental Environmental Impact Report)
<br />required or permitted pursuant to the National Environmental Policy Act (codified as 42 U.S.C.
<br />§§ 4321 et seq.) or the California Environmental Quality Act (codified as Public Resources Code
<br />Sections 21000 et seq.), as applicable, to issue any discretionary Approval required to approve this
<br />Agreement.
<br />x. “Environmental Law” means any Federal or California law regarding any
<br />of the following at, in, under, above, or upon the Property: (a) air, environmental, ground water,
<br />or soil conditions; or (b) clean-up, remediation, control, disposal, generation, storage, release,
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