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OPA: Grimshaw House - City of Anaheim

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(Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a<br />

“hazardous material”, “hazardous substance”, or “hazardous waste” under Section 25501<br />

<strong>of</strong> the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous<br />

Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance”<br />

under Section 25281 <strong>of</strong> the California Health and Safety Code, Division 20, Chapter 6.7<br />

(Underground Storage <strong>of</strong> Hazardous Substances), (v) petroleum, (vi) asbestos, (vii)<br />

polychlorinated byphenyls, (viii) listed under Article 9 or defined as “hazardous” or<br />

“extremely hazardous” pursuant to Article 11 <strong>of</strong> Title 22 <strong>of</strong> the California Code <strong>of</strong><br />

Regulations, Chapter 20, (ix) designated as “hazardous substances” pursuant to Section<br />

311 <strong>of</strong> the Clean Water Act (33 U.S.C. Section 1317), (x) defined as a “hazardous waste”<br />

pursuant to Section 1004 <strong>of</strong> the Resource Conservation and Recovery Act, 42 U.S.C.<br />

Section 6901 et seq. (42 U.S.C. Section 6903), (xi) defined as “hazardous substances”<br />

pursuant to Section 101 <strong>of</strong> the Comprehensive Environmental Response, Compensation,<br />

and Liability Act, 42 U.S.C. Section 9601 et seq., (xii) methyl-tertiary butyl ether, or<br />

(xiii) any other substance, whether in the form <strong>of</strong> a solid, liquid, gas or any other form<br />

whatsoever, which by any Governmental Requirements either requires special handling in<br />

its use, transportation, generation, collection, storage, handling, treatment or disposal, or<br />

is defined as “hazardous” or harmful to the environment.<br />

“Homeowners’ Association” means an association formed by Developer which includes<br />

each owner <strong>of</strong> a Housing Unit to provide for, among other things, maintenance <strong>of</strong> the<br />

Project following the Initial Sales.<br />

“Housing Units” means the ninety-four (94) housing units more fully described in the<br />

Scope <strong>of</strong> Development; the Housing Units consist <strong>of</strong> the Affordable Housing Units and<br />

the Market Rate Housing Units.<br />

“Housing Parcel” means each parcel upon which a Housing Unit exists, as ultimately<br />

depicted on the subdivision map for the Project.<br />

“Improvements” means collectively, the Agency Improvements and the Developer<br />

Improvements, all as more particularly described in the Scope <strong>of</strong> Development.<br />

“Initial Buyer” means persons acquiring Housing Units pursuant to an Initial Sale.<br />

“Initial Sales” means each initial sale <strong>of</strong> a Housing Unit by Developer.<br />

“Institutional Lender” means any <strong>of</strong> the following institutions having assets or deposits<br />

in the aggregate <strong>of</strong> not less than One Hundred Million Dollars ($100,000,000): a<br />

California chartered bank; a bank created and operated under and pursuant to the laws <strong>of</strong><br />

the United States <strong>of</strong> America; an “incorporated admitted insurer” (as that term is used in<br />

Section 1100.1 <strong>of</strong> the California Insurance Code); a “foreign (other state) bank” (as that<br />

term is defined in Section 1700(1) <strong>of</strong> the California Financial Code); a federal savings<br />

and loan association (Cal. Fin. Code Section 8600); a commercial finance lender (within<br />

the meaning <strong>of</strong> Sections 2600 et seq. <strong>of</strong> the California Financial Code); a “foreign (other<br />

nation) bank” provided it is licensed to maintain an <strong>of</strong>fice in California, is licensed or<br />

9

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