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E-- ~ GROUND LEASE Date: 1998 Lessor: Salem Area Mass Transit District ("L.essor") . 3140 Del Webb Avenue' NE ~ ~ Salem, Oregon, 97303-4165 and . _ Marion County (~ Marion County Courthouse, Fifth Floor Ll 100 High Street NE Salem, Oregon, 97301 Lessee: [insert name bf Continuing Party] ("Lessee") [insert address of Continuing Party) Lessor leases to Lessee, and Lessee leases from I.essor, the real property (the "Premises") described on Ezhibit A attached and incorporated in this Lease by this neference. The Premises are leased for a term (the "Term") of 75 years, commencing on the date of this Lease. . I.essor and Lessee agcee as follows: . Section 1. Project Conditions 1.1 Pursuant to the terms of Section 2.1(iv)(6)(b) of that Intergovemmental Development Agreement dated , 1998 between Marion County and the Salem Area Mass Transit District, the Lessee has elected on . 1999 to construct improvements on the Property {the "Building"), together with common areas and related improvements intended to be constiucted on, under, and over the Premises. The Building common aitas and all the related improvements are refemed to in tlus Lease as the "Projec~" The Project and any futnre alterations, additions, replacements, or modifications to the Project during the Term of tiris I.ease az+e referred to in this I.easo as the "Improvements." The preliminary plans and specifications for the Project are attached as Fxhi'bit B and incorporated in this Lease by this reference. ~ 1.2 Lessor shall execute such applications and other instruments reasonably necessary to D permit Lessee to construct the Project, provided that I.essor shall not be required to pay any application fees or incnr any other costs or liability in connection with satisfying the condition beyond Lessor's fees for any professional advice Lessor desires. Section 2. Construction of the Projed LESSee shall construct the Project in accordance with the Snal design, plans and specifications. Faccavation for the fotmdation of the Building shall commeace no later than 365 days after tt-e selection referned to in Section 1 above. Lessee shall, subject to acts of God, strilces, or any other reason beyond the reasonable control of Lessce, diligently prosecute the work ta completion by no later than 18 months after it is commenced. The work shalt be performed in accordance anth a11 I,egal Requirements and in a good and professional manner. For the purposes of this I.ease, the term Legal Requirements includes all present and future laws, ordinances, orders, rules, regnlations, and requirements of all federal, state, and municipal governments, departments, commissions, boards, and officers, foreseen or unforeseen, ordinary as well as e~ctraordinary. Lessor shall have the right to inspect the work at reasonable intervals subject to the supervision of Lessee and in a manner that will minim~7P ~y ~~~erence with the work. ~ Section 3. Minunum Rent 3.1 Until the construction of the Project is completed, no Minimum Rent shall be payable with respect to the Premises. Lessee covenants and agrees to pay to Lessor, promptly when due, without notice or demand and without deduction or setoff of any amount whatsoever, an amount equal to ~ the fair rental value of the Premises as agreed by the Parties or, in the event they are unable to agree, as determined by an MAI appraiser appointed by the Parties. In the event that the Parties are unable to agree U ~ Continuing Party Gmund Lease Courthouse Square . Page - 1 ~ 1026980259