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(4) any additional wastes, substances or material which at such time are <br /> 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 /> The term "Hazardous Materials" shall not include: (i)construction materials, gardening <br /> materials, household products, office supply products or janitorial supply products customarily used <br /> in the construction, maintenance, rehabilitation, or management of residential rental housing or <br /> associated buildings and grounds, or typically used in household activities, or(ii) certain substances <br /> which may contain chemicals listed by the State of California pursuant to California Health and <br /> Safety Code Sections 25249.8 et seq., which substances are commonly used by a significant portion <br /> of the population living within the region of the Development, including,but not limited to, <br /> alcoholic beverages, aspirin, tobacco products, nutrasweet and saccharine. <br /> (n) "Hazardous Materials Laws" means all federal, state, and local laws, <br /> ordinances,regulations, orders and directives pertaining to Hazardous Materials in, on or under the <br /> Development or any portion thereof. <br /> (o) "HUD" means the U.S. Department of Housing and Urban Development, <br /> including, but not limited to, the Federal Housing Administration(FHA). <br /> (p) "Improvements" means the improvements to be constructed by the <br /> Developer on the Property, including approximately one hundred(100) assisted living senior <br /> housing units, surface parking, and appurtenant landscaping and improvements. <br /> (q) "Management Agent" means Lytton Gardens Senior Communities or <br /> BRIDGE Property Management Company or other management agent retained by the Developer <br /> and approved by the City to manage the Development. <br /> (r) "Parties" shall mean both the Developer and the City, collectively. <br /> (s) 'Party" shall mean either the Developer or the City, individually. <br /> (t) "Permanent Loan" means the first position permanent loan to be obtained by <br /> the Developer from an institutional lender or from proceeds of revenue bonds (and which may be <br /> insured by HUD)in the amount set forth in the approved Financing Plan. <br /> (u) "Phase I Study" means the report entitled Phase I Environmental Site <br /> Assessment dated October 26 2001, by 2001. <br /> (v) "Property" means the real property to be developed by the Developer <br /> pursuant to this Agreement,which real property is more particularly described in Exhibit A. <br /> 144\105\105296.4 3 <br />