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. <br /> 3 <br /> "Legal Requirements"means all local,county,state and federal laws, ordinances <br /> and regulations and other rules, orders, requirements and determinations of any <br /> Governmental Authorities now or hereafter in effect(to the extent that compliance with <br /> future laws or amendments is legally required), whether or not presently contemplated, <br /> applicable to the Property,the Project or the Improvements,or their ownership,operation <br /> or possession, including (without limitation) all those-relating to parking restrictions, <br /> building codes,zoning or other land use matters,The Americans With Disabilities Act of <br /> 1990, as amended, the this Covenant, the City-Developer Agreements, the Approved <br /> Plans and Specs,the Material Modifications, life safety requirements and environmental <br /> laws with respect to the handling, treatment, storage, disposal, discharge, use and <br /> transportation of hazardous substances. <br /> "Material Modification"shall have the meaning given in Section 5.4 herein. <br /> "Material Modification Request" shall have the meaning given in Section 5.4 <br /> herein. <br /> "Mortgagee" means the holder of a mortgage or deed of trust encumbering any <br /> portion of the Property. <br /> "Project" means the to-be-constructed facility, as shown in the Approved Plans <br /> and Specs. <br /> "Project Completion Date"shall have the meaning given in Section 5.1 herein. <br /> "Project Construction Start Date" shall have the meaning given in Section 5.1 <br /> herein. <br /> "Site" shall have the meaning given in Section 5.3.2 herein. <br /> "Substantial completion" or "substantially complete" means the date on which <br /> all of the following have occurred: (i)the Improvements, including the Project,required <br /> to be developed and constructed by this Covenant are complete according to this <br /> Covenant, except for punchlist items that do not substantially prevent the use of the <br /> Improvements for their intended purposes; and (ii)the City has issued a temporary or <br /> fmal certificate of occupancy for the building portions of the Improvements. <br /> "Transfer" includes any sale, conveyance, transfer, ground lease or assignment, <br /> whether voluntary or involuntary, of any interest in the Property and includes transfer to <br /> a trustee in bankruptcy, receiver or assignee for the benefit of creditors, any merger, <br /> consolidation, liquidation or dissociation of Developer, or any transfer of a controlling <br /> interest in the management of Developer. <br /> 4 <br /> 14 <br />