SECOND AMENDMENT OF LEASE AGREEMENT
BETWEEN
CITY OF FULLERTON
AND
CALVARY CHAPEL OPEN DOOR CHURCH
This Second Amendment of Lease Agreement (" Amendment") is entered into this 17 day of July 2007, by and between the City of Fullerton, a California municipal corporation (" LESSOR") and Calvary Chapel Open Door Church (" LESSEE"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code, and Article XI, Section 7 of the California Constitution.
1. Recitals. LESSOR and LESSEE previously entered into a Lease Agreement dated as of July 16, 2002. The parties desire to amend the Original Agreement on the terms and conditions more specifically set forth below.
2. Amendment of Section 4 " Term" shall replaced in the Original Agreement in the following form:
3. The term of this Lease shall be five ( 5) years (" Term") commencing on the date LESSEE begins construction of the LESSEE Facilities ( as defined in Paragraph 6(a) below) or no later than two ( 2) months following execution of this agreement Commencement Date"), whichever occurs first, and terminating on the fifth anniversary of the Commencement Date unless otherwise terminated as provided in Paragraph 9. LESSEE shall have the option to renew the lease for four ( 4) additional five- year (5) terms ( the " Renewal Term") upon a written request 180 days prior to lease termination.
4. Amendment of Section 5 add a paragraph ( d) in the following form:
d) Notwithstanding subsection 5(b) above, at the commencement of each Renewal Term, the Rent will also be subject to review using current fair market value analyses for comparable facilities in Orange County. LESSOR and LESSEE shall meet sixty (60) days prior to the commencement of each Renewal Term and confer in good faith to arrive at a mutually agreeable fair market value amount.
Limitation of Amendment. Except as expressly modified by this Amendment, the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this amended Agreement as of this date first above written.
CITY OF FULLERTON
CHURCH
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Donald K. Hop
Director of Engineering
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Beverley White
City Clerk
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VED:
CALVARY CHAPEL OPEN DOOR
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Tax ID#: 3 3-~ G 20 2a '?--'
Ri hard D. Jones
Cit Attorne