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(aa) Impositions: All taxes. assessments, water and sewer charges. charges for <br /> public utilities. excises, levies. license and permit fees and other charges that shall or may be <br /> assessed, levied or imposed during the Term by any Governmental Authorities upon the Leased <br /> Premises or any part thereof, including the buildings or improvements now or hereafter located <br /> thereon, including without limitation. possessory interest taxes. "Impositions' shall not include <br /> any income tax, capital levy, estate, succession. inheritance, or similar taxes of Lessor. Except <br /> for a tax, assessment, or charge resulting from Lessee's use of the Leased Premises pursuant to <br /> this Lease. -Impositions" shall not include any franchise tax imposed upon any owner of the fee <br /> of the Leased Premises, or any income, profits or revenue tax, assessment or charge imposed <br /> upon the rent or other benefit received by Lessor under this Lease by any Governmental <br /> Authorities. <br /> (bb) Improvements: The senior affordable rental housing development <br /> comprised of one hundred thirty-one (131) residential dwelling units to be developed on the <br /> Land, all of which, other than one (I) Management Unit, will be restricted for occupancy by <br /> Eligible Households at Affordable Rents. including, without limitation the following: community <br /> space. parking. tenant related space and related ancillary facilities, together with any and all <br /> replacements or substitutions therefor or modifications thereto, in accordance with all approvals <br /> and conditions for use by the City for the Leased Premises. The Improvements are also referred <br /> to in this Lease as the "Project." The Improvements will be constructed in an eighty (80) unit <br /> multi-story building on the northern portion of the Leased Premises and the new construction of <br /> fifty-one (51) single-story homes on the eastern side of the Leased Premises. Phase I will in turn <br /> be divided into subphases with the first part of Phase I consisting of construction of the single- <br /> story homes, and second part consisting of the multi-story building. <br /> (cc) Indemnitees: Lessor and its elected and appointed officials, officers, <br /> employees, agents, contractors, representatives and volunteers. <br /> (dd) Insurance Requirements: The requirements, whether now or hereafter in <br /> force, of any insurer or insurance carrier, any board of fire underwriters or any other company, <br /> bureau, organization or entity performing the same or similar functions, applicable to the Leased <br /> Premises and/or the Improvements, or any portion thereof, to the extent so applicable. <br /> (ee) Investor: The low income housing tax credit investor and all permitted <br /> successors and assigns that will provide equity to the Project. MUFG Union Bank, N.A. is the <br /> initial Investor. <br /> (ff) Land: As defined in Recital A above. <br /> (gg) Lease Year: A calendar year. <br /> (hh) Leased Premises: The Land, together with all and singular rights, <br /> easements, licenses, privileges and appurtenances thereunto attaching or in any way belonging <br /> thereto. <br /> (ii) Leasehold Mortgage: Any mortgage. deed of trust, security agreement or <br /> collateral assignment pursuant to an Approved Loan encumbering Lessee's Estate as a leasehold <br /> mortgage lien. <br /> 9 <br /> 191A52V1656915.8 <br /> OAK#4834-9609-1684 v11 <br />