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07-0306_BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY_Lease Amd AMENDMENT TO LEASE OF REAL PROPERTY AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY (FORMERLY KNOWN AS THE BOYS & GIRLS CLUB OF CAPISTRANO VALLEY) This Amendment to Lease of Real Property Agreement is made this 6th day of March, 2007, by and between the City of San Juan Capistrano (hereinafter "Lessor"), and The Boys and Girls Clubs of Capistrano Valley (hereinafter "Lessee"), formerly known as the Boys & Girls Club of Capistrano Valley. Whereas, On June 1 , 1999, Lessor and Lessee entered into a certain real property lease ("Real Property Lease") for certain property owned by the Lessor in the City of San Juan Capistrano for the purpose of allowing Lessee to construct a Boys & Girls Club center, and Whereas, Lessor and Lessee desire to further amend the Real Property Lease for the primary purpose of: (1) adding real property to the demised premises; and, (2) extending the term of the real property lease, and NOW, THEREFORE, in consideration of the foregoing, and the covenants and conditions set forth below, Lessor and Lessee hereby mutually agree as follows: Section 1 . Amended Leased Premises. The "Premises" as set forth in the Real Property lease is amended to include the original leased property plus that additional property generally depicted Exhibit A, labeled "Proposed Teen Center," said Exhibit A being attached and incorporated herein by reference. The parties agree and understand that the additional leased area is to be developed by Lessee as a teen center. Lessee agrees to construct the teen center within 12 months following the City's land use approval for the design and layout of the center, unless Lessee is otherwise granted additional time by the City Council to complete project construction. Section 2. Lease Term. The term of the Real Property Lease will now be for a term of twenty-five (25) years from effective date of this Amendment agreement. The option granted by Lessor for an additional twenty-five (25) year period, as provided for in section 4(a) of the Real Property Lease, shall remain in full force and effect. Section 3. Miscellaneous. (a) Section 8(d) of the Real Property Lease is amended to read as follows: ATTACHMENP "Lessee may encumber this Lease, its Leasehold estate and its improvements thereon by deed of trust, mortgage, chattel mortgage or other security instrument to assure the payment of a promissory note or notes of Lessee, upon the express condition that the net proceeds of such loan or loans shall be devoted exclusively to developing and/or improving the leased Premises or for operating expenses of the Lessee. The City allotted $200,000 to the Lessee for the proposed teen center operations. If the teen center is not constructed for any reason, the Lessee will return the $200,000 operational funds to the City." (b) All other terms and conditions of the Real Property lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written. CITY OF SAN JUAN CAPISTRANO ti IV' ,, By: Ma •r Sam Allevato Attest: i 4 P,(i L,--, , _ By: aA v. garet R. Monahan Clerk Approve•I:s to 0 : By: Ili A 4_,„ Joa Cit/� Attorney I BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY • By: =,-,:,avv.3:.° =. ^ ' ''.-v James Littlejohn, Executiverector ....'P•{1�S.t�".`,,1.�y�'�L2Pine aM Mll1.1 r Is U a 831437 4331, ' • • • • r • • • .�• is • e{•�• v • s •�'• '•.S.V• / {, II,, tt All 41.11 k � P •a� \ .ter,,;.Yy;.•._�r._.,.y 3 '-•/\ N Mie S « a/III • - a nw la 7 LM -41 1oo+rK n wlunr 9 0OJSMO130 c «•f �.w1114NM1Nw1,o1xw4ro3o1 �I`��.31� � O)is �:. ; :.F x , v �� \ • _ � rn maw {4tt.,y m _ ����������/y��yy� ^ tM 101.1 wr •OI •aFP _ 11F'h' Aimnwwa) • --` was, J(.�;.s 9L �JNIlSpt3 J — � • '�} E)HUM Ow mz X Y...- r.r.� �+y>�� IYt �-atlY�u.�YpU 1+� e • T , .., �+...u. (Fi�i��� 1.1.7 i.O�J O i�QY � • • r-• i 'V1YO 109r07J :. $' = fi is, )IVVJ Si*NS X� I 171" M"WS lwgnw ONUS" ^ J./'_•�--_•._rte•.- __�-\ �• __..� MEL — �' J• [ 6 1 --- -- •� .` _ I' ! I I � �� wRl�swN�wl�wlD�OtlgNn OFOA�i1YM101