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<br />4859-3312-3005v3
<br />Protection Agency as hazardous substances (40 CFR Part 302) and in any and all amendments
<br />thereto; oil, petroleum, petroleum products (including, without limitation, crude oil or any
<br />fraction thereof), asbestos and asbestos-containing materials, natural gas, natural gas liquids,
<br />liquefied natural gas or synthetic gas usable for fuel, not otherwise designated as a hazardous
<br />substance under CERCLA; any substance which is toxic, explosive, corrosive, reactive,
<br />flammable, infectious or radioactive (including any source, special nuclear or by product
<br />material as defined at 42 U.S.C. 2011, et seq.), carcinogenic, mutagenic, or otherwise hazardous
<br />and is or becomes regulated by any governmental authority; asbestos in any form; urea
<br />formaldehyde foam insulation; transformers or other equipment which contain dielectric fluid
<br />containing levels of polychlorinated biphenyls; radon gas; or any other chemical, material or
<br />substance (i) which poses a hazard to the Leased Premises, to adjacent properties, or to persons
<br />on or about the Leased Premises, (ii) which causes the Leased Premises to be in violation of any
<br />of the aforementioned laws or regulations, or (iii) the presence of which on or in the Leased
<br />Premises requires investigation, reporting or remediation under any such laws or regulations.
<br />“HUD” means the U.S. Department of Housing and Urban Development.
<br />“Impositions” means all taxes, assessments, water and sewer charges, charges for public
<br />utilities, excises, levies, license and permit fees and other charges that shall or may be assessed,
<br />levied or imposed during the Term by any Governmental Authorities upon the Leased Premises
<br />or any part thereof, including the buildings or improvements now or hereafter located thereon,
<br />including without limitation, possessory interest taxes. “Impositions” shall not include any
<br />income tax, capital levy, estate, succession, inheritance, or similar taxes of Lessor. Except for a
<br />tax, assessment, or charge resulting from Lessee’s use of the Leased Premises pursuant to this
<br />Lease, “Impositions” shall not include any franchise tax imposed upon any owner of the fee of
<br />the Leased Premises, or any income, profits or revenue tax, assessment or charge imposed upon
<br />the rent or other benefit received by Lessor under this Lease by any Governmental Authorities.
<br />“Improvements” or “Project” means the affordable senior housing development
<br />comprised of 200 multi-family residential dwelling units located on the Land, all of which, other
<br />than two (2) manager’s units, will be restricted for occupancy by Eligible Households at
<br />Affordable Rents in accordance with the Regulatory Agreement, and related improvements,
<br />including without limitation, the following: community space, parking, and related ancillary
<br />facilities, together with any and all replacements or substitutions therefor or modifications
<br />thereto, in accordance with all City approvals and use conditions applicable to the Leased
<br />Premises. The Improvements will be rehabilitated in accordance with construction plans
<br />approved by the City.
<br />“Indemnitees” means collectively, Lessor and its elected and appointed officers,
<br />officials, employees, agents, contractors, consultants and representatives.
<br />“Insurance Requirements” means the requirements, whether now or hereafter in force,
<br />of any insurer or insurance carrier, any board of fire underwriters or any other company, bureau,
<br />organization or entity performing the same or similar functions, applicable to the Leased
<br />Premises and/or the Improvements, or any portion thereof, to the extent so applicable.
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