BOWERS MUSEUM - 2006 AMEND GROUND LEASE

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A-2006-161 FIRST AMENDMENT TO GROUND LEASE THIS FIRST AMDENDMENT TO GROUND LEASE (this "First Amendment") is made and entered into as of April 17, 2006, by and between THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ("Lessor"), and the CHARLES W. BOWERS MUSEUM CORPORATION, a California non-profit public benefit corporation ("Lessee"). RECITALS A. Lessor and Lessee are parties to that certain Ground Lease dated September 6, 2005 (the "Original Ground Lease"), by which Lessee undertook to construct certain additional museum facilities (the "Additional Facilities" as defined) adjacent to the existing Museum on land acquired or to be acquired by Lessor, and thereafter to manage and operate the Additional Facilities as an integrated part of the Museum. B. Lessor and Lessee are parties to that certain Amended and Restated Operating Agreement dated June 18, 2001 (the "Original Operating Agreement"), as amended by that certain First Amendment to the Amended and Restated Operating Agreement dated of even date herewith (the "Amendment to Operating Agreement"), both relating to the ownership and operation of the Charles W. Lessee Memorial Museum. On the same date this First Amendment is entered into, the parties have also executed a Second Amendment to the Amended and Restated Operating Agreement, providing for the construction of this new parking lot. C. Lessee now desires to construct, as part of the Additional Facilities, a parking lot north of the new museum expansion, and the parties desire to amend the definition of "Leased Premises" to accommodate this additional construction, so that Lessee can thereafter to manage and operate as part of the Additional Facilities this parking lot as an integrated part of the Museum . Now, therefore, for and in consideration of their mutual and respective covenants, conditions and promises hereinafter set forth, and subject to the terms and conditions of this Agreement, the parties hereto do hereby agree as follows: 1. The term "Leased Premises" is hereby amended to include the new parking lot parcels, commonly known as 2100-2110 North Main Street, Orange County Assessor's Parcel Map Numbers 399-102-05, 399-102-06 and 399-102-07, and more particularly described in Exhibit A to this Amended Lease. Exhibit A to this Amended Lease shall replace Exhibit A to the Original Ground Lease. 2. Except as expressly amended herein to permit the construction of the new parking lot by Lessee and inclusion of said property into the definition of Leased Premises, the Original Ground Lease shall remain in full force and effect.