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<br />Page | 4 <br />9138-126780\1512539.3 <br />accordance with Section 17.6.5; <br />(h) Any assignment of the Lease by Tenant to an Affiliate of Tenant or <br />to a Mortgagee as security in which there is no change to the direct a nd indirect beneficial ownership <br />of the leasehold interest. <br />1.1.16. “Force Majeure Event” is defined in Article XIV. <br />1.1.17. “Hazardous Material(s)” is defined in Section 4.5. <br />1.1.18. “HCD” shall mean the California Department of Housing and Community <br />Development. <br />1.1.19. “Improvement Costs” shall mean the final actual construction costs incurred <br />by Tenant in connection with the construction of the Improvements and in accordance with the terms <br />of this Lease, excluding ordinary repair and maintenance costs and any Permitted Capital <br />Expenditures paid for out of the Replacement Reserve Fund. <br /> <br />1.1.20. “Improvements” shall mean and includes all buildings (including above- <br />ground and below ground portions thereof, and all foundations and supports), building systems and <br />equipment (such as HVAC, electrical and plumbing equipment), physical structures, fixtures, <br />hardscape, paving, curbs, gutters, sidewalks, fences, landscaping and all other improvements of any <br />type or nature whatsoever now or hereafter made or constructed on the Premises. The term <br />Improvements shall mean the Initial Improvements and any replacement improvements constructed <br />in accordance with the terms of this Lease. During the entire Term, the Improvements will be <br />restricted to the following uses: <br />(a) multifamily affordable housing, <br />(b) permanent supportive housing units and related services, and <br />(c) related commercial and community-serving uses as needed for the siting of the <br />affordable housing and supportive housing units, as approved by the Lessor. <br /> <br />1.1.21. “Includes” shall mean “includes but is not limited to” and “including” shall <br />mean “including but is not limited to.” <br />1.1.22. “Initial Improvements” shall mean the improvements first constructed by <br />Tenant on the Premises at its sole cost and expense as more particularly described in Exhibit B <br />attached hereto and incorporated by reference herein. <br />1.1.23. “Interest Rate” shall mean the lower of: (a) the reference or prime rate of <br />U.S. Bank National Association, in effect from time to time plus three percent (3%); or (b) the <br />highest rate of interest permissible under the Laws not to exceed the rate of twelve percent (12%) per <br />annum. <br />1.1.24. “Laws” shall mean all laws, codes, ordinances, statutes, orders and <br />regulations now or hereafter made or issued by any federal, state, County, local or other <br />governmental agency or entity that are binding on and applicable to the Premises and Improvements. <br />1.1.25. “Lease” shall mean this Ground Lease (including any and all addenda, <br />EXHIBIT 5