Housing Consortium of the East Bay Ground Lease 20231030

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41 To Lessor: City of San Leandro 835 E. 14th Street San Leandro, CA 94577 Attention: City Manager With copy to: Community Development Director and City Attorney To Lessee: Housing Consortium of the East Bay 1204 Preservation Park Way, Suite 200 Oakland, CA 94612 Attention: Executive Director With copy to: Goldfarb & Lipman LLP 1300 Clay Street, 11th Floor Oakland, CA 94612 Attention: Robert C. Mills Section 18.17 Counterparts. This Ground Lease may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts together shall constitute one and the same agreement. Section 18.18 Time of Essence. Time is and shall be of the essence in this Ground Lease. Section 18.19 Attorneys' Fees. In any litigation or other action brought to enforce this Ground Lease or regarding a dispute over terms of the Ground Lease or the performance of a Party, the prevailing Party in such litigation or action shall be entitled to attorneys' fees and the costs of such litigation from the non-prevailing Party. Section 18.20 No Third Party Beneficiaries. Except as expressly set forth herein, nothing contained in this Ground Lease is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder. Section 18.21 Parties Not Co-Venturers; Independent Contractor; No Agency Relationship. Nothing in this Ground Lease is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. The relationship of Lessee and Lessor is and shall remain solely that of a Lessee and Lessor, and shall not be construed as a joint venture, equity venture, partnership or any other relationship. Lessor neither undertakes nor assumes any responsibility or duty to Lessee (except as expressly provided in this Ground Lease) or to any third party with respect to the Project. Section 18.22 No Personal Liability. Notwithstanding anything contained in this Ground Lease to the contrary, the obligations of Lessor under this Ground Lease (including any actual or alleged breach or default by Lessor) do not constitute personal obligations of the individual officers or employees of Lessor, and Lessee shall not seek recourse against the DocuSign Envelope ID: 6E2EA799-6D74-41E3-B3EE-3CD67DC0ACD0