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<br />Page | 10 <br />4894-6811-3695v.2 0017787-000542 <br />PRESENCE OF HAZARDOUS MATERIALS, NOR DOES COUNTY OR AGENCY <br />COVENANT OR WARRANT, IMPLIED OR OTHERWISE, AS TO THE SUITABILITY OF <br />THE PREMISES FOR THE PROPOSED DEVELOPMENT, CONSTRUCTION OR USE BY <br />TENANT. COUNTY AND AGENCY SHALL NOT BE RESPONSIBLE FOR ANY LAND <br />SUBSIDENCE, SLIPPAGE, SOIL INSTABILITY OR DAMAGE RESULTING <br />THEREFROM. COUNTY AND AGENCY SHALL NOT BE REQUIRED OR OBLIGATED <br />TO MAKE ANY CHANGES, ALTERATIONS, ADDITIONS, IMPROVEMENTS OR <br />REPAIRS TO THE PREMISES. TENANT SHALL RELY ON ITS OWN INSPECTION AS <br />TO THE SUITABILITY OF THE PREMISES FOR THE INTENDED USE. <br />TENANT INITIALS: ______ ______ <br />2.5 Limitations of the Leasehold. This Lease and the rights and privileges granted Tenant <br />in and to the Premises are subject to all covenants, conditions, restrictions, and exceptions of record <br />as of the date hereof or otherwise disclosed to Tenant prior to the date hereof. Nothing contained in <br />this Lease or in any document related hereto shall be construed to imply the conveyance to Tenant of <br />rights in the Premises which exceed those owned by Lessor, or any representation or warranty, either <br />express or implied, relating to the nature or condition of the Premises or County’s or Agency’s <br />interest therein. <br />2.6 Tenant’s Investigation. Tenant acknowledges that it is solely responsible for <br />investigating the Premises to determine the suitability thereof for the uses contemplated by Tenant. <br />Tenant further acknowledges by executing this Lease that it has completed its investigation and h as <br />made such determinations as Tenant believes may be required under the circumstances. <br />ARTICLE III <br />TOTAL RENT <br /> <br />3.1 Base Rent. Throughout the Term of this Lease, regardless of an earlier termination date <br />Tenant shall pay to the County and the Agency the Base Rent as set forth herein. <br /> <br />3.1.1 County Base Rent. Until the satisfaction, expiration or termination of the Trust <br />MHSA Loan, Tenant shall make annual payments to County of thirteen and fifty-three one <br />hundredths of one percent (13.53%) of the then available Residual Receipts (defined above), but only <br />to the extent said Residual Receipts are available, until the amount of two million, three hundred and <br />forty-one thousand, eight hundred and sixty-four dollars ($2,341,864) is fully paid (“County Base <br />Rent”). After the satisfaction, expiration, or termination of the Trust MHSA Loan, County Base <br />Rent shall automatically reset to thirty-three and four-tenths percent (33.4%) of the then available <br />Residual Receipts. County Base Rent shall only become due after the Tenant has repaid that certain <br />loan from the County awarded under the 2016 Permanent Supportive Housing Notice of Funding <br />Availability, Addendum One, evidenced by a Loan Agreement, Promissory Note and Leasehold <br />Deed of Trust, in the amount of $2,650,701 (collectively, and together with the other loan documents <br />evidencing, securing and relating to said loan from the County, the “County Loan Documents”), <br />which is also being paid out of the same applicable percentage of the Residual Receipts. On the last <br />day of the Term the then outstanding amount of the County Base Rent shall be paid in full if not <br />already paid by that time. County Base Rent will bear interest commencing on the Commencement <br />Date at the simple rate of three percent (3%) per year until paid in full. Once the County Base Rent <br />has been paid in full with interest, Tenant shall have no further obligation for County Base Rent <br />under this Lease. <br />EXHIBIT 15