80A - AGMT WITH HABITAT FOR HUMANITY

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(15) days after receipt of Lessor's written notice advising Tenant of such nonpayment, Agency may, without further notice to or demand on Tenant, pay, discharge or adjust such tax, assessment or other charge for the benefit of Tenant. In such event Tenant shall promptly on written demand of Agency reimburse Agency for the full amount paid by Agency in paying, discharging or adjusting such tax, assessment or other charge, together with interest at the Interest Rate from the date advanced until the date repaid. 3.2.4. Operating Costs. Tenant and Tenant's authorized assignees shall pay all Operating Costs during the Term prior to delinquency. As used in this Lease, the term "Operating Costs" shall mean all charges, costs and expenses related to the Premises, including, but not limited to, management, operation, maintenance, overhaul, improvement, replacement or repair of the Improvements and/or the Premises. 3.2.5. Utility Costs. Tenant and Tenant's authorized assignees shall pay all Utility Costs during the Term prior to delinquency. As used in this Lease, the term "Utility Costs" shall include all charges, surcharges, taxes, connection fees, service fees and other costs of installing and using all utilities required for or utilized in connection with the Premises and/or the Improvements, including without limitation, costs of heating, ventilation and air conditioning for the Premises, costs of furnishing gas, electricity and other fuels or power sources to the Premises, and the costs of furnishing water and sewer services to the Premises. Tenant and Tenant's authorized assignees agrees to indemnify and hold harmless the Agency against any liability, claim, or demand for the late payment or non-payment of Utility Costs. ARTICLE IV USE OF PREMISES 4.1 Permitted Use of Premises. Developer may use the Premises for the authorized construction, development and entitlement of the Initial Improvements as set forth in the Inclusionary Grant Agreement. Upon issuance of the Certificate of Occupancy, or similar document as applicable, as set forth in the Inclusionary Grant Agreement, Tenant may use the Premises for residential occupancy, subject to Agent's rights to enforce the Affordability and Maintenance Restriction. Tenant use of the Premises may include: 4.1.1. Required Services and Uses. Lessor's primary purpose for entering into this Lease is to promote the development of the Improvements consistent with this Lease. hi furtherance of that purpose, Tenant shall construct and during the entire Term operate, maintain, replace and repair the Improvements in a manner consistent with the Laws and for the following uses: (a) single-family affordable housing restricted to and affordable to qualifying moderate income families (up to 120% of Area Median Income) or below; and (b) related community -serving uses as needed for the siting of the affordable housing units, as approved by the Lessor. Page 19