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24-0930_MITCHELL LAND AND IMPROVEMENT CO._2nd Amendment to LeaseSECOND AMENDMENT TO LEASE THIS SECOND AMENDMENT TO LEASE, dated as of September 30, 2024, ("Second Amendment'), is entered into by and between MITCHELL LAND AND IMPROVEMENT CO. ("Lessor") and CITY OF SAN JUAN CAPISTRANO ("Lessee"), with reference to the following: RECITALS A. Lessor and Lessee entered into that certain Lease Agreement dated August 12, 2022 and First Amendment to Lease dated October 5, 2022, referred to as (the "Lease"), for the premises commonly known as 30448 Rancho Viejo Road, Suites 110 and 165, San Juan Capistrano, CA 92675 (the "Premises"). B. Lessor and Lessee desire to amend the Lease in order to extend the Term of the Lease. NOW, THEREFORE, in consideration of the foregoing facts and circumstances, the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties, Lessor and Lessee hereby agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein as though set forth in full here at. 2. Definitions. Unless the context clearly indicates otherwise, all initially capitalized terms not otiose defined herein shall have the meanings ascribed to such terms in the Lease. Unless the context clearly indicates otherwise, all references to the "Lease" in the Lease shall hereafter be deemed to refer to the Lease as amended hereby. 4. Term. Lessor and Lessee acknowledge that the current Term of the Lease will expire according to its terms on November 30, 2024. Notwithstanding the foregoing or anything to the contrary contained in the Lease, Lessor and Lessee agree to extend the term of the Lease. The extended term shall commence on December 1, 2024 ("Extension Term Commencement Date"), and that the Term of the Lease is hereby extended for one (1) month (sometimes referred to as the "Extension Term"), such that the new Expiration Date of the Lease will be December 31, 2024. All provisions of the Lease, as amended by this First Amendment, shall apply to the Extension Term, and as of the date hereof, "Term" shall include the Extension Term. 5. Base Rent for the Extended Term of the Lease. Notwithstanding anything to the contrary contained in the Lease, commencing on December 1, 2024, Lessee shall pay to Landlord as base rent for the Premises per the schedule below: Date Minimum Monthly Base Rent 12/l/24-12/31/24 $23,000.00 6. Condition of Premises and Tenant Im roversnn . Lessee acknowledges that Lessee has been and continues to a in possession o the Premises, is familiar with the condition of the Premises and accepts the Premises in its "AS IS' condition. 7. Security Deposit. Lessor is holding a Security Deposit from Lessee in the amount of Twenty-three i�ousand Seven -hundred Fourteen dollars 00/100 from Lessee, per Section 5 of the Lease. 8. Option to Renew. Provided Lessee is not in default of the lease, Lessor shall grant tenant the option to renew the lease for one (1) additional thirty (30) day period. Lessee shall notify Lessor in writing of its intention to extend the term of the Lease not less than 30 days prior to the expiration of the Extended Term. The monthly base rent for the option renewal period shall be ($23,000.00). q) Page 1 of 2 S 9. Ratification. Except as otherwise specifically herein amended, the Lease is and shall remain in full force and effect according to the terms thereof. In the event of any conflict between the Lease and this Second Amendment, this Second Amendment shall control. 10. Counterparts. This Second Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. IN WITNESS WHEREOF, this Second Amendment has been executed by the parties as of the date first referenced above. "Lessor" MITCHELL LAND AND IMPROVEMENT CO. By: �la Kee� Jon P. Beuder Executive Vice President Date: "Lessee" CITY OF SAN JUAN CAPISTRANO By. . enja nJSi gel City Manager Date: (U — % ? Page 2 of 2 S