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• <br /> GROUND LEASE <br /> THIS GROUND LEASE ( "Lease "), is entered into effective as of September 1, 2005, by <br /> and between the City of Pleasanton, a municipal corporation (the "Lessor ") and BLP Partnership, <br /> Inc., a California nonprofit public benefit corporation (the "Lessee "). <br /> RECITALS <br /> A The Lessee will develop, own and operate an Assisted Living facility of <br /> approximately one hundred five (105) units, including accommodations for approximately thirty - <br /> one (31) low income Residents, Located in the City of Pleasanton, California defined as the <br /> "Improvements" for a period of fifty -five (55) years pursuant to the terms of the Lease. <br /> B. The Improvements may be financed through one or more alternative construction <br /> and permanent lenders and insured or guaranteed by a credit enhancement provider. <br /> C. The Lessor desires to lease the land upon which the Improvements will be <br /> constructed for a period of fifty -five (55) years pursuant to the terms of the Lease. <br /> NOW, THEREFORE, in consideration of the promises and the respective covenants and <br /> agreements contained in this Lease, the Parties agree as follows: <br /> ARTICLE 1 <br /> Definitions <br /> Section 1.1 Definitions <br /> (a) "Assisted Living" shall mean the provision of certain basic services <br /> established by the State of California's licensing requirements for Residential Care Facilities for <br /> the Elderly pursuant to California Health and Safety Code Section 1569 et seg. and its <br /> implementing regulations, as such services may be modified during the Term of this Agreement. <br /> Assisted Living services shall generally include three (3) meals per day, housekeeping services, <br /> linen services, assistance with daily living such as dressing, bathing and grooming, medication <br /> management, twenty -four (24) hour staffing, emergency call system, health monitoring, <br /> coordinated activities to encourage socialization and transportation services. <br /> (b) "Assisted Living Laws" shall mean California Health and Safety Code <br /> Section 1569 et seq. and its implementing regulations or, in the event California Health and <br /> Safety Code Section 1569 is repealed, state law applicable to facilities that are comparable to <br /> Residential Care Facilities to the Elderly. <br /> (c) "Authorized Officers" shall mean, in the case of the Lessor, the City <br /> Manager, or Acting City Manager, or his or her designee, and in the case of the Lessee, the <br /> President or any officer. <br /> 144 \105\153233.25 2 <br />