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<br />9138-126780\1512539.3
<br />issued by a bonding corporation authorized to issue undertakings in California conditioned on the
<br />payment by Tenant of the tax, assessments or charge, together with any fines, interest, penalties,
<br />costs and expenses that may have accrued or been imposed thereon within thirty (30) days after final
<br />determination of Tenant’s contest, opposition or objection to such tax, assessment or other charge.
<br />3.6.4. Payment by Lessor. Should Tenant fail to pay any Taxes required by this
<br />Article III to be paid by Tenant within the time specified herein, subject to Tenant’s right to contest
<br />such Taxes in accordance with Section 3.6.3, and if such amount is not paid by Tenant within fifteen
<br />(15) days after receipt of Lessor’s written notice advising Tenant of such nonpayment, the Agency
<br />may, without further notice to or demand on Tenant, pay, discharge or adjust such tax, assessment or
<br />other charge for the benefit of Tenant. In such event, Tenant shall promptly on written demand of
<br />Agency reimburse the Agency for the full amount paid by the Agency in paying, discharging or
<br />adjusting such tax, assessment or other charge, together with interest at the Interest Rate from the
<br />date advanced until the date repaid.
<br />3.6.5. Operating Costs. Tenant shall pay all Operating Costs during the Term prior
<br />to delinquency. As used in this Lease, the term “Operating Costs” shall mean all charges, costs and
<br />expenses related to the Premises, including, but not limited to, management, operation, maintenance,
<br />overhaul, improvement, replacement or repair of the Improvements and /or the Premises.
<br />3.6.6. Utility Costs. Tenant shall pay all Utility Costs during the Term prior to
<br />delinquency. As used in this Lease, the term “Utility Costs” shall include all charges, surcharges,
<br />taxes, connection fees, service fees and other costs of inst alling and using all utilities required for or
<br />utilized in connection with the Premises and/or the Improvements, including without limitation, costs
<br />of heating, ventilation and air conditioning for the Premises, costs of furnishing gas, electricity and
<br />other fuels or power sources to the Premises, and the costs of furnishing water and sewer services to
<br />the Premises. Tenant agrees to indemnify and hold harmless the Agency against any liability, claim,
<br />or demand for the late payment or non-payment of Utility Costs.
<br />ARTICLE IV
<br />USE OF PREMISES
<br />
<br />4.1 Permitted Use of Premises. Tenant may use the Premises for the construction,
<br />development, entitlement, operation, maintenance, replacement and repair of the Improvements as
<br />follows:
<br />4.1.1. Required Services and Uses. Lessor’s primary purpose for entering into this
<br />Lease is to promote the development of the Improvements consistent with this Lease. In furtherance
<br />of that purpose, Tenant shall construct and during the entire Term operate, maintain, replace and
<br />repair the Improvements in a manner consistent with the Laws and for the following uses:
<br />(a) multifamily affordable housing, and appurtenant improvements,
<br />including, without limitation, parking,
<br />(b) permanent supportive housing units and related services, and
<br />(c) related commercial and community-serving uses, as contemplated by
<br />the project approvals or this Lease, or as otherwise approved by the Lessor.
<br />EXHIBIT 5
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