010306 RESO Approving AA Mutual Release-Jt Exrow Inst Vinci Invest_

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Section 4. Lease Term The term of the Lease commenced on January 1, 1993, and ends on December 31, 2027. The Lease is subject to an option to extend the term of the Lease for four (4) additional sixty (60) month periods, as set forth in the Option to Extend Addendum to Standard Lease which is a part of the Lease attached as Exhibit "A," which options may be exercised by Vinci, the Agency or any future lessees under the Lease. Section 5. Rent The monthly rent currently payable under the Lease is fifteen thousand, five hundred and three dollars ($15,503), subject to adjustment on August 1, 2010, and every five (5) years thereafter until the expiration of the term, based upon the change in Cost of Living, as set forth in the Rent Adjustment(s) Addendum to Standard Lease which is a part of the Lease attached as Exhibit "A." Section 6. Security Deposit and Prepaid Rent Landlord holds no security deposit or prepaid rent from Vinci. Section 7. No Defaults As of the date of this Consent and Certificate, there exist no defaults under the Lease which will be asserted against Vinci, the Agency and any future lessees, and no event which with the passage of time or the giving of notice or both would constitute such a default under the Lease. Vinci has not presently breached the January 2005 Indemnity and Amendment in any manner and any breach will not be asserted against the Agency or anyone else, including any future lessee under the Lease. The March 2002 Assignment of Lease was a default under the Lease but Landlord will deem the default cured and will not be asserted against Vinci, the Agency or any future lessee under the Lease. There may also be a default of the Johers under the November 2004 Indemnity and Amendment, but the Landlord will deem the default cured as against Vinci, the Agency and any future lessee under the Lease only. Furthermore, the default of Johers by virtue of the bankruptcy of Johers is a default under the Lease, but Landlord shall deem the default cured and it will not be asserted against Vinci, the Agency or any future lessee under the Lease. Section 8. Notification by Landlord From the date of this Consent and Certificate and continuing until otherwise directed in writing, Landlord agrees to notify the Agency immediately at the following addresses, on the occurrence of any default under the Lease or on the occurrence of any event which with the passage of time or the giving of notice or both would constitute a default under the Lease: To the Agency: City of Santa Ana Community Redevelopment Agency 20 Civic Center Plaza M -29 P.O. Box 1988 EXHIBIT M -3 600090435v6 8-253