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SR 05:219
City of Pleasanton
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SR 05:219
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9/15/2005 3:42:36 PM
Creation date
8/12/2005 9:29:51 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/16/2005
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 05:219
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<br />(i) California Housing Finance Agency HELP Loan in the amount of Two <br />Million Dollars ($2,000,000) (the "CalHFA Loan"), if awarded; <br /> <br />(ii) City tax exempt installment sales financing in the approximate amount of <br />Nineteen Million Dollars ($19,000,000) (the "Bond Loan"); and <br /> <br />(iii) Such other loans as are approved in writing by the City. <br /> <br />(d) ""Bond Trustee" shall mean the trustee appointed pursuant to the Trust <br />Agreement with respect to the Bond Loan. <br /> <br />(e) "Borrower" shall mean BLP Partnership, Inc., a California nonprofit public <br />benefit corporation. <br /> <br />(f) "City" sl;1all mean the City of Pleasant on, a California municipal corporation. <br /> <br />(g) "Deed bf Trust" shall mean the deed of trust that will encumber the Project to <br />secure repayment of the Loan. <br /> <br />(h) "Default" shall have the meaning set forth in Section 5.1 below. <br /> <br />(i) "Hazardous Materials" shall mean the following: hazardous substance, hazardous <br />waste, infectious waste, or hazardous material as defined in any federal, state or local statute, <br />ordinance, regulation, or rule applicable to the Property, including the Comprehensive <br />Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et <br />sea.) or Sections 25280 et sea., 25310 et sea., 25110 et sea., or 25500 et sea. of the California <br />Health and Safety Code at such time; any other waste, substance or material designated or <br />regulated in any way as "toxic" or "hazardous" in the Resource Conservation and Recovery Act <br />(42 U.S.C. Section 6901 et sea.), Federal Water Pollution Control Act (33 U.S.C. Section 1251 <br />et sea.), Safe Drinking Water Act (42 U.S.c. Section 300f et sea.), Toxic Substances Control Act <br />(15 U.S.C. Section 2601 et sea.), Clean Air Act (42 U.S.c. Section 7401 et sea.), California <br />Health and Safety Code (Section 25100 et sea.), or California Water Code (Section 13000 et <br />sea.) at such time; and 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 Property, including asbestos, asbestos- <br />containing materials, radon gas, oil or any fraction thereof of petroleum products, but excluding <br />any substances or materials used in the construction, development, maintenance or operation of <br />the Project, so long as the same are used in accordance with all applicable laws. <br /> <br />, (j) "Hazardous Materials Law" shall mean all federal, state, and loca11aws, <br />ordinances, regulations, orders and directives pertaining to Hazardous Materials in, on or under <br />the Property or any portion thereof. <br /> <br />(k) "HELP Loan" shall mean the California Housing Finance Agency HELP Loan <br />made by City to Borrower as part of the Approved Financing. <br /> <br />(I) "HUD" shall mean the United States Department of Housing and Urban <br />Development. <br /> <br />2 <br /> <br />J 44\ J 05\217525. J 4 <br />
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