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r , <br />k Ameock. <br />LEASE AMENDMENT <br />THIS LEASE AMENDMENT is made and entered into this 20th day of July, 1998, by and <br />between the COMMUNITY REDEVELOPMENTAGENCY OF THE CITY OF SAN.i A ANA, 9 <br />public body, corporate and politic, (" LESSOR ") and CALIFORNIA STATE UNIVERSITY, <br />FULLERTON FOUNDATION, a Cali fornia non-profit public benefit 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 />)3. 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 1997. 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 />commencement of the Lease is termination. Lessee desires to waive that remedy and revise the <br />commencement date to conform to the current factual situation. <br />Now therefore, the Parties agree as follows: <br />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 Certificateof Occupancy <br />for the Premises as improved, or upon the issuance of any Partial Certificate of Occupancy thin may 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 />