Housing Consortium of the East Bay Ground Lease 20231030

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iv the Regulatory Agreement shall be generally consistent with the standard form of the Regulatory Agreement which is attached hereto as Exhibit F, subject to such revisions as may be mutually agreed upon by the Parties. The Parties agree that, regardless of whether Lessor is jointly or solely responsible for performance of the requirements of the Project Homekey Agreement under the terms of that agreement, Lessee shall perform all of the requirements of the Grantee under the Project Homekey Agreement and Regulatory Agreement, for so long as the Ground Lease is in effect and Lessee is a party to those agreements, and Lessor shall not be responsible for performance of such obligations. Such requirements to be performed by Lessee shall include, without limitation, compliance with maximum income and rent requirements, meeting all program deadlines, compliance with all rent standards, use in accordance with eligible uses, compliance with all performance milestones, preparation and submission of all required reporting, compliance with all conditions of disbursement of the Homekey Grant, compliance with prevailing wage laws, liability for environmental requirements, insurance requirements, relocation requirements, and adaptability and accessibility requirements, submission and compliance with the property management plan, supportive services plan and affirmative fair housing marketing plan, compliance with fair housing requirements, and compliance with record retention, inspection and audit requirements. ..........21 Section 6.3 Non-Discrimination; Compliance with Fair Housing Laws. ....................21 ARTICLE 7. ASSIGNMENT AND TRANSFER .....................................................................22 Section 7.1 Procedure for Assignment and Transfer. The qualifications and identity of Lessee are of particular concern to Lessor. It is because of those qualifications and identity that Lessor has entered into this Ground Lease with Lessee. Except as otherwise provided below, during the Term of this Ground Lease, (a) no voluntary or involuntary successor in interest of Lessee shall acquire any rights or powers under this Ground Lease, and (b) Lessee shall not make any total or partial sale, transfer, conveyance, assignment, sublease, or subdivision of the whole or any part of the Leased Premises or the Improvements thereon, without the prior written approval of Lessor, except as expressly permitted below. Lessor’s consent shall not be unreasonably withheld, conditioned or delayed. With respect to a proposed Transfer of the Property, Lessee’s request for approval shall be accompanied by sufficient evidence regarding the proposed transferee's ability to operate and manage a project of this size, in sufficient detail to enable Lessor to evaluate the proposed transferee pursuant to the criteria set forth in this Section 7.1 and as reasonably determined by Lessor. Lessor shall evaluate each proposed transferee on the basis of the respective qualifications set forth above, and may reasonably disapprove any proposed transferee, during the period for which this Section 7.1 applies, which Lessor reasonably determines does not possess these qualifications. A sublease or an assignment and assumption agreement in form reasonably satisfactory to Lessor shall also be required for all proposed Transfers. Should Lessor consent to a Transfer, (i) such consent shall not constitute a waiver of any of DocuSign Envelope ID: 6E2EA799-6D74-41E3-B3EE-3CD67DC0ACD0