Housing Consortium of the East Bay Ground Lease 20231030

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12 terms and conditions of the Project Homekey Agreement. The standard form of the Regulatory Agreement is attached hereto as Exhibit F, provided that the final form of the Regulatory Agreement that is executed and recorded will be revised as mutually agreed upon by the Parties. (z) “Rent” is described in Section 4.1 hereof. (aa) “Taking” means a taking during the Term hereof of all or any part of the Leased Premises and/or the Improvements, or any interest therein or right accruing thereto, as a result of the exercise of the right of condemnation or eminent domain materially affecting the Leased Premises or any part thereof. A conveyance in lieu of or in anticipation of the exercise of any such right of condemnation or eminent domain shall be considered a Taking. Any such Taking shall be deemed to have occurred upon the earlier to occur of (a) the date on which the property, right or interest so taken must be surrendered to the condemning authority, or (b) the date title vested in a condemning authority or other party pursuant to any Taking. (bb) “Term” means the period of time described in Section 2.2 hereof. (cc) “Transfer” means any sale, assignment, transfer, conveyance, lease, sublease, encumbrance, mortgage, or hypothecation, in any manner or form or any agreement to do any of the foregoing. Section 1.2 Exhibits. The Exhibits referred to in this Ground Lease and attached hereto are: Exhibit A Legal Description of the Leased Premises Exhibit B Site Map of the Leased Premises Exhibit C Memorandum of Lease Exhibit D Scope of Development Exhibit E Financing Plan Exhibit F Regulatory Agreement Exhibit G Operating Subsidy Agreement ARTICLE 2. LEASE OF THE LAND Section 2.1 Lease of Leased Premises. Subject to the terms hereof and in consideration of the covenants stipulated herein, Lessor leases the Leased Premises to Lessee, and in consideration thereof, Lessee takes, hires and leases the Leased Premises from the Lessor, pursuant to the terms of this Ground Lease. This Ground Lease, the interests of Lessor and Lessee hereunder, and the Leased Premises, are in all respects subject to and bound by all of the covenants, conditions, restrictions, reservations, rights, rights-of-way, and easements of record prior to the date of this Ground Lease. Lessee hereby accepts the Leased Premises and acknowledges that the Leased Premises is in the condition required by this Ground Lease. DocuSign Envelope ID: 6E2EA799-6D74-41E3-B3EE-3CD67DC0ACD0