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GROUND LEASE Date: , 1998 Lessor: Salem Area Mass Transit District ("Lessor") 3140 Del Webb Avenue NE Salem, Oregon, 97303-4165 and Marion County Marion County Courthouse, Fifth Floor 100 High Street NE Salem, Oregon, 97301 Lessee: [inseR name of Continuing Party] ("Lessee") [insert address of Continuing Party] Lessor leases to Lesset, and Lessee leases from Lessor, the real property (the "Premises") described on Exhibit A attached and incorporated in this Lease by this reference. The Premises are leased for a term (the "Term") of 75 years, commencing on the date of this Lease. Lessor and Lessee agree as follows: Section 1. Project Conditions 1.1 Pursuant to the terms of Section 2.1(iv)(6)(b) of that Intergovernmental Development Agreement dated , 1998 between Marion County and the Salem Area Mass Transit District, the Lessee has electe on , 1~9~9 to construct improvements on the Property (the "Building"), together with common areas and related improvements intended to be constructed on, under, and over the Premises. The Building common areas and all the related improvements are referred to in this Lease as the "Project." The Project and any future alterations, additions, replacements, or modifications to the Project during the Term of this Lease are referred to in this Lease as the "Improvements." The preliminary plans and specifications for the Project are attached as Exhibit B and incorporated in this Lease by this reference. 1.2 Lessor shall execute such applications and other instruments reasonably necessary to permit Lessee to construct the Project, provided that Lessor shall not be required to pay any application fees or incur 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 Project Lessee shall construct the Project in accordance with the final design, plans and specifications. Excavation for the foundation of the Building shall commence no later than 3 5 ays after the selection referred to in Section 1 above. Lessee shall, subject to acts of God, strikes, or any other reason beyond the reasonable control of Lessee, diligently prosecute the work to completion by no later than 18 months after it is commenced. The work shall be performed in accordance with all Legal Requirements and in a good and professional manner. For the purposes of this Lease, the term Legal Requirements includes all present and future laws, ordinances, orders, rules, regulations, and requirements of all federal, state, and municipal governments, departments, commissions, boards, and officers, foreseen or unforeseen, ordinary as well as extraordinary. Lessor shall have the right to inspect the work at reasonable intervals subject to the supervision of Lessee and in a manner that will minimize any interference with the work. Section 3. Minimum Rent 3.1 Until the construction of the Project is cornpleted, 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 Continuing Party Ground Lease Courthouse Square Page - 1 ]023980329