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THIRD AMENDMENT TO LEASE AGREEMENT <br />THIS THIRD AMENDMENT TO LEASE AGREEMENT, made and entered into this 5`h <br />day of December, 201 1, by and between California State University, Fullerton Foundation, a <br />California corporation (hereinafter "Tenant"), and the City of Santa Ana, a charter city and <br />municipal corporation (hereinafter "Landlord"). <br />RECITALS <br />A. The Community Redevelopment Agency for the City of Santa Ana ("Agency") entered <br />into a Lease Agreement with Tenant dated June 19, 2005, for Tenant to operate its Visual <br />Arts Program. <br />B. On April 5, 2004, the Agency assigned said Agreement to the City as ?.andlord. The <br />parties desire to amend said Agreement to update the list of acceptable uses to reflect <br />current technology and market conditions. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. Section 7 of the Agreement, "Use", shall be amended to expand the list of acceptable <br />uses to reflect current technology and market conditions, particulary in the arts. This can <br />include, but is not limited to, eco-friendly sustainable uses, architecture, culinary arts, <br />performing and visual arts, and retail combined with these uses. <br />2. All other terms and conditions included in said Agreement shall have the same force <br />and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment the date and <br />year first above written. <br />ATTEST: <br />Maria D. Huizar <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />JOSEPH STRAKA <br />Interim City Attorney <br />By: <br />Lisa Storck <br />Assistant City Attorney <br />LANDLORD -SANTA ANA <br />Paul Walters <br />Interim City Manager <br />TENANT <br />California State University, Fullerton <br />By: <br />Title: <br />Tax ID# <br />EXHIBIT 1 <br />25B-3