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CF SANTA ANA, LLC (2)
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CF SANTA ANA, LLC (2)
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Last modified
3/12/2018 3:14:18 PM
Creation date
3/12/2018 3:03:10 PM
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Contracts
Company Name
CF SANTA ANA, LLC
Contract #
A-2017-264-01
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
10/3/2017
Expiration Date
3/31/2023
Destruction Year
2028
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Schedule ",J-1" <br />Extension Ontions <br />I. Grant of Option. Subject to all of the terms and conditions of this Schedule "J -V, in connection with Tenant's lease of the Premises, <br />Tenant shall have two (2) options (each an "Extension Option") to extend the term of this Lease as to the entire Premises then subject to this Lease, <br />each for an additional term (each "Extension Term") of sixty (60) months, subject to and upon the terms and conditions contained in this Schedule <br />'d_I ". The Extension Term shall commence upon the day immediately following die then scheduled Expiration Date, and shall be upon the some <br />terms and conditions as are provided for in this Lease, as then amended, except that: (a) if Tenant fails to timely exercise the Extension Option, the <br />Extension Option (and any other rights to extend or renew the Term) shall lapse and Tenant shall have no further right to extend the Term of the <br />Lease, (b) there shall be ne further options to extend the Term pursuant to this Schedule `7-I" or otherwise following the second (2"a) Extension <br />Term, (c) Tenant shall not be entitled to any credit against Rent or any other rent concession or rent allowance or abatement of Rent, except as <br />specifically provided in the definition of the FMRR, (d) the Base Rent for the Extension Term shall be as provided in Section 3 of this Schedule "J- <br />1 ", and (e) the Base Year for the Extension Tenon shall be the calendar year in which the Extension Term commences. <br />2 Exercise. An Extension Option may be exercised only by Tenant giving written notice of exercise (an "Extension Notice") to Landlord on <br />or before the date that is not more than twelve (12) and not less than nine (9) months prior to the then scheduled Expiration Date, If Tenant does not <br />deliver on Extension Notice to Landlord within ilia time period set Porth above (time being of the essence), then Tenunt shall be deemed to have <br />forever waived and relinquished the Extension Option, and any other options or rights to renew or extend the Term effective after the (lien Expiration <br />Date shall terminate. <br />3 Annual Rase Rent. The Base Rent payable for the Premises during an Extension Term (the "Extension Term Rase Rent") shall be equal <br />to (a) the Rentable Area of the Premises then subject to this Lease, multiplied by (b) the FMRR of the Premises as of die first day (an "Adjustment <br />Date") of such Extension Term, and shall be determined as follows. <br />3.1 if Tenant duly exercises the Extension Option, Landlord shall within thirty (30) days thereafter, deliver to Tenant a written notice <br />(a "Market Ren( Notice") of Landlord's determination of what Landlord than believes the FMRR (and Extension Term Base Rent) would be for the <br />Premises during the Extension Term. <br />3.2 Within ten (10) days after Tenant's receipt of a Market Rent Notice, Tenant shall deliver to Landlord written notice (a "Market <br />Rent Response Notice") eleeting either: (a) to accept the FMRR (and Extension Term Base Rent) set forth in the Market Rent Notice, in which case <br />the FMRR (and Extension Term Base Rent) shall be as set forth in the Market Rent Notice, or (b) to reject Landlord's determination of the FMRR <br />(and Extension Term Base Rent), in which case the FMRR (and Extension Term Banc Rent) shall be determined in accordance with Schedule "J-3". <br />3.3 If Tenant fails to deliver Tenant's Market Rent Response Notice within ten (10) days alter its receipt of a Market Rent Notice (or <br />fails in its Market Response Notice to expressly reject Landlord's determination of the FMRR (and Extension Temn Base Rent) set forth in a Markct <br />Rent Notice), Tenant shall conclusively he deemed to have accepted Landlord's detamnination of the FMRR (and Extension Term Base Rent) set <br />forth in the Market Rent Notice. <br />801 n- Chk Center pr— Cit- !/Santa. I na Lerrre Exhibit J <br />
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