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A- Roll - R60 <br />JAN 10 2012 <br />THIRD AMENDMENT TO LEASE AGREEMENT <br />THIS THIRD AMENDMENT TO LEASE AGREEMENT, made and entered into this 5th day of <br />December, 2011, by and between CSU Fullerton Auxiliary Services Corporation, formerly known as <br />"California State University, Fullerton Foundation ", a California corporation (hereinafter "Tenant'), and the <br />City of Santa Ana, a charter city and municipal corporation (hereinafter "Landlord "). <br />RECITALS <br />A. The Community Redevelopment Agency for the City of Santa Ana ( "Agency ") entered into a Lease <br />Agreement with Tenant dated June 19, 1995, for Tenant to operate its Visual Arts Program. <br />B. On April 5, 2004, the Agency assigned said Agreement to the City as Landlord. The parties desire to <br />amend said Agreement to update the list of acceptable uses to reflect current technology and market <br />conditions. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and <br />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 uses to <br />reflect current technology and market conditions, particularly in the arts. This can include, but is not limited <br />to, eco- friendly sustainable uses, architecture, culinary arts, agriculture, and performing and visual arts. <br />2. All other terns and conditions included in said Agreement shall have the same force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment the date and year first <br />above written. <br />ATTEST: <br />Maria D. Huizar <br />Cleric of the Council <br />APPROVED AS TO FORM: <br />JOSEPH STRAKA <br />Interim City Attorney <br />Lisa Storck <br />Assistant City Attorney <br />LANDLORD - SANTA ANA <br />Paul Waite s <br />Interim City Manager <br />TENANT <br />CSU Fullerton Auxiliary Services Corporation <br />Frank A. Mumford <br />Executive Director <br />Tax ID# 95- 2081258 <br />