Housing Consortium of the East Bay Ground Lease 20231030

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i Table of Contents ARTICLE 1. Definitions ................................................................................................................9 Section 1.1 Definitions. .......................................................................................................9 Section 1.2 Exhibits. .........................................................................................................12 ARTICLE 2. Lease of the LAND................................................................................................12 Section 2.1 Lease of Leased Premises. ............................................................................12 Section 2.2 Term. ..............................................................................................................13 Section 2.3 Use. .................................................................................................................13 Section 2.4 Possession. ......................................................................................................13 Section 2.5 As-Is Condition. Lessor shall deliver possession of the Property to Lessee on the Commencement Date, in its As-Is Condition, and Lessee hereby accepts the Property in its As-Is Condition. Neither the Lessor, nor any officer, employee, agent or representative of the Lessor has made any representation, warranty or covenant, expressed or implied, with respect to the Leased Premises, the Project, the condition of the soil, subsoil, geology or any other physical condition of the Leased Premises, the condition of any improvements, any environmental laws or regulations, the presence of any Hazardous Substances on the Leased Premises, or any other matter affecting the use, value, occupancy or enjoyment of the Leased Premises, the suitability of the Leased Premises for the uses permitted by this Ground Lease, the suitability of the Leased Premises for the Project, construction of the Project, or construction or use of the Improvements on the Leased Premises, and Lessee understands and agrees that the Lessor is making no such representation, warranty or covenant, expressed or implied, it being expressly understood that the Leased Premises is being leased in its As-Is Condition with respect to all matters. Lessee acknowledges that it has had the advice of such independent professional consultants and experts as it deems necessary in connection with its investigation and study of the Leased Premises, and has, to the extent it deemed necessary, independently investigated the condition of the Leased Premises, including the soils, hydrology, seismology, and archaeology thereof, and the laws relating to the construction, maintenance, use and operation of the Improvements, including environmental, zoning and other land use entitlement requirements and procedures, height restrictions, floor area coverage limitations and similar matters, and has not relied upon any statement, representation or warranty of Lessor of any kind or nature in connection with its decision to execute and deliver this Ground Lease and its agreement to perform the obligations of Lessee except as provided in this Ground Lease. ..............................................................................................................13 DocuSign Envelope ID: 6E2EA799-6D74-41E3-B3EE-3CD67DC0ACD0