CSU FULLERTON (FORMERLY FULLERTON FOUNDATION)-2011

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SECOND LEASE AMENDMENT THIS LEASE AMENDMENT is made and entered into this day of�, 2004, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body, corporate and politic ( "Lessor "), and CALIFORNIA STATE UNIVERSITY, FULLERTON FOUNDATION, a California non -profit public benefit corporation ( "Lessee "), in reference to that certain LEASE AGREEMENT between the parties hereto dated June 19, 1995, as amended on or about July 20, 1998 (the "Lease "). RECITALS A. Landlord and Lessee entered into the Lease for the purpose of rehabilitating the Premises to be used as an arts facility for the Cal State Fullerton graduate arts program. B. Landlord and Lessee desire to amend the Lease to clarify the commencement date and add twenty (20) years to the term of the Lease. C. Landlord desires to provide an additional subsidy to Lessee in return for its agreement to extend the Lease term. D. Landlord and Lessee desire and to add to the Lessee additional rights to request a termination of the Lease. E. Landlord desires to assign the fee simple interest in the Premises to the City of Santa Ana ( "City "), and Lessee consents to this assignment subject to the City's assumption of all the Landlord's obligations and compliance with all terms and conditions of this Lease. Now therefore, the Parties agree as follows: 1. Clarification of Commencement Date and Modification of Lease Term Section 4(a) of the Lease is hereby amended in its entirety to read as follows: "Commencement Date. The Commencement Date of this Lease shall be January 1, 1999." Section 4(b) of the Lease is hereby amended in its entirety to read as follows: "The initial term ( "Initial Term ") of this Lease shall be for thirty (30) years, commencing on the Commencement Date, and ending on the date thirty (30) years thereafter, unless sooner terminated as hereinafter provided."