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<br />A-200S-309C <br /> <br />CITY LEASE AGREEMENT <br /> <br />THIS CITY LEASE AGREEMENT (this "Lease") is made as of , 2006 by and <br />between the City of Santa Ana, a charter city duly organized under the Constitution and laws of <br />the State of California ("Lessee") and Steadfast Courtyards, L.P., a California limited partnership <br />("Lessor"), with reference to the following facts: <br /> <br />A. Lessor is the owner of that certain real property located in the City of <br />Santa Ana, County of Orange, State of California, bearing Assessors Parcel Numbers 002-162- <br />05,002-162-06,002-162-07,002-162-30, 002-162-31, 002-162-32, 002-162-33 and 002-162-34 <br />(the "Premises"). <br /> <br />B. Lessor acquired the Premises from Lessee in accordance with the terms <br />and provisions of that certain Land Exchange Agreement and Joint Escrow Instructions ("LEA") <br />dated as of September 6, 2005 by and between Lessor and Lessee. <br /> <br />C. Pursuant to the LEA, Lessor has agreed to lease the Lessor Property to <br />Lessee for the purposes and subject to the terms and conditions set forth herein. <br /> <br />NOW, THEREFORE, in consideration of the covenants contained in this Lease <br />and other good and valuable consideration, receipt of which is acknowledged, the parties hereto <br />hereby agree as follows: <br /> <br />I. Lease. Lessor hereby leases to Lessee and Lessee hereby Leases from Lessor <br />all of the Premises. Lessor and Lessee each acknowledge and agree that this Lease does not <br />include the right to use any portion of the buildings located on the Premises. Lessee shall only <br />use the Premises for (i) pedestrian and vehicular ingress, egress and access, and (ii) parking for <br />the benefit of guests, employees, invitees and patrons of the Bowers Museum. Lessor reserves <br />the right to use the Premises for any and all purposes which do not prevent Lessee's use ofthe <br />Premises for the foregoing purposes. <br /> <br />2. Term. The term of this Lease shall commence on the date of this Lease and <br />shall terminate and thereafter be of no further force or effect on the date that is ninety (90) days <br />after the date of this Lease (such period is referred to herein as the "Term"). Upon the <br />expiration of the Term, Lessee shall fully and completely vacate the Premises. <br /> <br />3. Rent. Lessee shall pay to Lessor the sum of $1.00 as rent for the Term. <br />Lessor acknowledges and agrees that Lessee has paid such rent in full prior to the date hereof. <br /> <br />4. Maintenance and Repair. Lessee shall be responsible, at its sole cost and <br />expense, for maintaining the Premises during the Term, as such actions may be required from <br />time to time to keep the Premises in good order, condition and repair. <br /> <br />5. Insurance. As a condition to the commencement of the Term, and before <br />Lessee may use the Premises in any manner, Lessee shall deliver to Lessor certificates or other <br />written confirmation satisfactory to Lessor showing that Lessee has in effect a comprehensive <br />general public liability insurance policy including, but not limited to, owned and non-owned <br /> <br />40836735.16 <br />