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(k) "Hazardous Materials Law" shall mean all federal, state, and local laws, <br /> ordinances, regulations, orders and directives pertaining to Hazardous Materials in, on or under <br /> the Property or any portion thereof. <br /> (1) "HELP" shall mean the Housing Enabled by Local Partnerships Program. <br /> (m) "HELP- Assisted Units" shall mean the thirty -one (31) units to be restricted <br /> in consideration of the Loan funds. <br /> (n) "Lease" shall mean the Ground Lease of even date herewith, pursuant to <br /> which the City shall lease the Property to the Borrower. <br /> (o) "Leasehold Estate" shall mean the Borrower's leasehold interest in the <br /> Property as created by the lease. <br /> (p) "Loan" shall mean the City loan of HELP funds to Borrower pursuant to <br /> this Agreement in the total principal amount of One Million Five Hundred Thousand Dollars <br /> ($1,500,000). <br /> (q) "Loan Documents" shall mean this Agreement, the Note, the Regulatory <br /> Agreement, the Deed of Trust and the Ca1HFA Loan Agreement. <br /> (r) "Note" shall mean the promissory note that will evidence Borrower's <br /> obligation to repay the Loan. <br /> (s) "Parties" shall mean the City and Borrower. <br /> (t) "Project" shall mean the Leasehold Estate and the one hundred five (105) <br /> assisted living units. <br /> (u) "Property" shall mean the real property located in the City of Pleasanton, <br /> County of Alameda, California, more particularly described in the attached Exhibit A. <br /> (v) "Regulatory Agreement" shall mean the Regulatory Agreement and <br /> Declaration of Restrictive Covenants between the City and the Borrower associated with the <br /> Loan, to be recorded against the Leasehold Estate. <br /> (w) "Term" shall mean shall mean the term of the Loan, commencing on the <br /> date of this Agreement and continuing until the earlier of (i) thirty -five (35) years from the date <br /> of this agreement (or such later time as agreed to by Developer and City pursuant to Section 6.9) <br /> or (ii) until the Loan is repaid in full. <br /> (x) "Transfer" shall have the meaning set forth in Section 4.6 below. <br /> (y) "Unit" means one (1) of the one hundred five (105)- apartment units to be <br /> constructedon the Leasehold Estate. <br /> HELP Loan 3 <br /> 144 \105\272256.4 <br />