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LEASE AMENDMENT <br />THIS LEASE AMENDMENT is made and entered into this 20th day of July, 1998, by ar�d <br />between the COMMUNITY R- EDEVELOPMENTAGENCY OF THE CITY OF SAN "i"A ANA, a <br />public body, corporate and politic, ( "LESSOR ")and CALIFORNIA STATE UNIVERSITY, <br />FULLERTON FOUNDATION, a California non -profit public benef t corporation ( "LESSEE "), in -` <br />reference to that certain LEASE AGREEMENT between the parties hereto dated June 19, 1995 (the <br />"Lease "). <br />RECITALS <br />A. Landlord and Lessee entered into the Lease for the purpose of rehabilitatingthe Premises to <br />be used as a arts facility for the Cal State Fullerton graduate arts program. <br />B. The Lease contemplated that it would commence upon completion of the rehabilitation of <br />the building, under the assumption that such work would be completed prior to July 199"7. Due to <br />factors beyond the controls of both parties, the rehabilitation has not been completed as anticipated <br />resulting in the inability of the Lessee to deliver possession as called for in the Lease_ <br />C_ Under the Lease, Lessee's only remedy for delay in completion of the rehabilitation or <br />commencementofthe Lease is termination. Lessee desires to waive that remedy -and revise the <br />commencementdate to conform to the current factual situation_ <br />Now therefore, the Parties agree as follows: <br />1. Commencement Date <br />Section 4(a) of the Lease is hereby amended in its entirety to read as follows: <br />"4. Term <br />(a) Commencement Date. <br />This Lease shall commence upon issuance of the Certificate of Occupancy <br />for the Premises as improved, or upon the issuance of any Partial Certificate of Occupancy that may <br />be issued for any portion of the Premises by which Lessee is allowed under applicable building <br />codes to occupy any portion of the Premises_ In the event that Landlord has not completed the <br />improvement of the Premises by January 1, 1999 (or such later date as may be established for the <br />completion of construction pursuant to section 3 of this Agreement), Tenant may, at its sole option, <br />terminate this Agreement, but Landlord shall not be liable to Tenant for damages for failure to <br />complete the improvements of the Premises by such date." <br />