Housing Consortium of the East Bay Ground Lease 20231030

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19 property of Lessor, without cost or charge to Lessor. Lessee shall have no right to destroy, demolish or remove the Improvements except as specifically provided for in this Ground Lease or as approved in writing by Lessor. Section 4.8 Surrender of Property at End of Term. Upon the expiration of the Term or other termination of the Ground Lease, Lessee shall peaceably and quietly leave and surrender the Leased Premises and the Improvements to Lessor in good order, condition, and repair, reasonable wear and tear and obsolescence excepted. Lessee shall leave in place and in good order, condition, and repair, all fixtures and machinery; except Lessee shall have the right to remove only Lessee-owned appliances, other unattached equipment, furniture and merchandise that Lessee shall have installed, which removal must be done without damage to the Leased Premises or Improvements. Lessor agrees that Lessee, at any time prior to the expiration or other termination of this Ground Lease, may remove from the Leased Premises any and all equipment which Lessee has furnished for maintenance purposes or for the use of the property manager, provided that Lessee shall repair any physical damage to the Leased Premises caused by the removal of such equipment and property. Upon the expiration or sooner termination of this Ground Lease, Lessee shall deliver the Leased Premises and the Improvements to Lessor free of all monetary liens and encumbrances unless otherwise consented to in writing by Lessor. Any equipment or other personal property not removed from the Leased Premises by the expiration of the Term shall become the property of Lessor, and Lessor shall have the right to dispose of such equipment and property in the manner of Lessor's choosing. Section 4.9 No Abandonment. Lessee shall not abandon or vacate the Leased Premises or the Improvements at any time during the Term of this Ground Lease. If Lessee shall abandon, vacate, or otherwise surrender the Leased Premises or the Improvements, or be dispossessed thereof by process of law or otherwise, the same shall constitute a default under this Ground Lease on the part of Lessee and, in addition to any other remedy available on the part of Lessor, any of Lessee’s property left in, upon or about the Leased Premises or the Improvements (except for underground storage tanks) shall, at Lessor’s option, be deemed to be abandoned and shall become the property of Lessor. ARTICLE 5. CITY FINANCIAL ASSISTANCE Section 5.1 City Rehabilitation Grant. The City shall provide a grant in the amount of Five Million Two Hundred Thousand Dollars ($5,200,000) (the “City Rehabilitation Grant”) to Lessee for the costs of the construction and rehabilitation of the Improvements, upon the terms and conditions and for the purposes set forth in this Agreement. Provided that Lessee has complied with all conditions precedent to disbursement of the City Rehabilitation Grant as set forth in Section 5.3, the proceeds of the City Rehabilitation Grant (“City Rehabilitation Grant Proceeds”) shall be disbursed in accordance with Section 5.2 hereof. The City Rehabilitation Grant Proceeds shall be disbursed only for the purposes set forth in Section 5.2. In the event that Lessor determines that it is necessary to amend or supplement this Agreement in order to ensure compliance with the requirements of the different funding sources to be used for the City DocuSign Envelope ID: 6E2EA799-6D74-41E3-B3EE-3CD67DC0ACD0