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A-2007-296-02 <br />8 <br />ik <br />4 <br />M? <br />RECORDING REQUESTED BY <br />AND WHEN RECORDED MAIL TO: <br />Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza M-30 <br />P.O. BOX 1988 <br />Santa Ana, California 92702 <br />sc(D" <br />FREE RECORDING <br />GOVERNMENT CODE § 6103 <br />SECOND AMENDMENT TO <br />CONTINGENT GROUND LEASE <br />THIS SECOND AMENDMENT TO CONTINGENT GROUND LEASE ("Second <br />Amendment") is made and entered into as of 1-7 day of November, 2010 by and between the <br />CITY OF SANTA ANA, a charter city duly organized under the Constitution and laws of the <br />State of California (the "City"), the COM 4UNITY REDEVELOPMENT AGENCY OF <br />THE CITY OF SANTA ANA, a redevelopment agency pursuant to Health & Safety Code <br />§ 33000 et seq. and a public body corporate and politic (the "Agency"), and LATINO CENTER <br />FOR PREVENTION AND ACTION IN HEALTH, INC., dba LATINO HEALTH <br />ACCESS, a California non-profit public benefit corporation ("Tenant"), with respect to the <br />following: <br />RECITALS: <br />A. On or about October 13, 2008, the City, the Agency and Tenant entered into that <br />certain Contingent Ground Lease which was subsequently recorded on October 29, 2008, as <br />Document No. 2008-000497434 in the Official Records of the County of Orange. <br />B. On or about December 31, 2009, the Tenant requested that the City and Agency <br />agree to amend two provisions of the Contingent Ground Lease, thereby providing Tenant with <br />an additional year to satisfy two contingencies contained in the Contingent Ground Lease, which <br />amended Section 1.06 "Early Termination" and Section 5.05 "Time for Completion". This First <br />Amendment was recorded on November 10, 2010, as Document No. 2010-000598562 in the <br />Official Records of the County of Orange. <br />C. The amendment to Section 5.05 stated as follows: <br />"Tenant shall cause construction of the Community Center to be <br />commenced in accordance with the Schedule for Completion, provided by the Tenant not <br />later than November 1, 2010, subject to any further extension which shall be approved by <br />the City Manager and Agency Executive Director..." <br />D. The City Council and Community Redevelopment Agency action item for the <br />Amendment was not authorized until November 17, 2008, therefore the parties have been