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THIRD MODIFICATION TO LEASE AGREEMENT
<br />THIS THIRD MODIFICATION TO LEASE AGREEMENT, dated as of June 1, 2014, is by
<br />and between the SANTA ANA FINANCING AUTHORITY, a joint exercise of powers authority
<br />organized and existing under and by virtue of the laws of the State of California, as lessor (the
<br />"Authority'), and the CITY OF SANTA ANA, a municipal corporation and chartered city
<br />organized and existing under and by virtue of the laws of the State of California (the "City "),
<br />modifying that certain Lease, dated as of March 1, 1994, by and between the Authority and the
<br />City, and recorded on March 22, 1994, as document number 94 -94- 0201358, in the Official
<br />Records of Orange County, California, as modified by that certain Modification of Lease, dated
<br />as of September 1, 1994; by and between the Authority and the City, and recorded on March 20,
<br />1995, as document number 95- 0111188 in the Official Records of Orange County, California, as
<br />modified by that certain Second Modification of Ground Lease, dated as of July 28, 1997, by and
<br />between the Authority and the City, and recorded on August 5, 1997, as document number
<br />19970373120 in the Official Records of Orange County, California, and as amended by that
<br />certain First Amendment to Lease, dated as of February 1, 2004, by and between the Authority
<br />and the City and- the - Authority, and recorded on February 25, 2004, as document number
<br />2004000143853 in the Official Records of Orange County, California (the "Lease Agreement');
<br />WITNESSETH:
<br />WHEREAS, the City and the Authority have heretofore entered into that certain Ground
<br />Lease, dated as of March 1, 1994, by and between the City and the Authority, and recorded on
<br />March 22, 1994, as document number 94- 0201357, in the Official Records of Orange County,
<br />California, as modified by that certain Modification of Ground Lease, dated as of September 1,
<br />1994, by and between the City and the Authority, and recorded on March 20, 1995, as document
<br />number 95- 0111187 in the Official Records of Orange County, California, as modified by that
<br />certain Second Modification of Ground Lease, dated as of July 28, 1997, by and between the City
<br />and the Authority, and recorded on August 5, 1997, as document number 19970373119 in the
<br />Official Records of Orange County, California, as amended by that certain First Amendment to
<br />Ground Lease, dated as of February 1, 2004, by and between the City and the Authority, and
<br />recorded on February 25, 2004, as document number 2004000143852 in the Official Records of
<br />Orange County, California, and as modified by that certain Third Modification thereto being
<br />recorded concurrently herewith (the "Ground Lease "), pursuant to which the City leased
<br />certain real property, described in Exhibit A thereto (the "Property ") to the Authority and the
<br />Authority leased the Property from the City;
<br />WHEREAS, the Authority and the City have heretofore entered into the Lease
<br />Agreement, pursuant to which the Authority leased the Property to the City and the City leased
<br />the Property from the Authority;
<br />WHEREAS, the City has determined that it is necessary to amend the description of the
<br />Property, as set forth in the Ground Lease and the Lease Agreement to release the existing
<br />Property and to substitute other real property and improvements therefor;
<br />WHEREAS, Section 2.06 of the Lease Agreement authorizes amendment of the Ground
<br />Lease and the Lease Agreement to substitute the Property, subject to certain conditions
<br />precedent set forth therein; and
<br />WHEREAS, any such substitution of the Property requires that:
<br />(a) the City files with the Authority, the Trustee and the Bond Insurer (as defined
<br />in the Lease Agreement) an amended Exhibit A to the Lease Agreement which adds
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