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THIRD AMENDMENT TO DEVELOPMENT AGREEMENT <br />This Third Amendment to Development Agreement (the "Third Amendment") dated as <br />of ___________, 2018, by and between the CITY OF SANTA ANA ("City") and THE <br />DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION, a California non- <br />profit corporation (“Developer”), collectively the “Parties”. <br />RECITALS: <br />A. In August 1995, the City entered into a Development Agreement with the <br />Developer to facilitate the physical expansion and improvements of an existing private secondary <br />school. In June 1999, the City and Developer approved the First Amendment to the <br />Development Agreement to reflect various changes in development standards applicable to the <br />project. In August 2015, the parties approved a Second Amendment to the Development <br />Agreement to allow the physical expansion of the school campus, allow the construction of a <br />parking structure and new school building, extend the term of the agreement, allow an increase <br />in enrollment. <br />B. California Government Code section 65868 provides that a development <br />agreement may be amended by mutual consent of the parties to the agreement. The City and <br />Developer desire to enter into this Third Amendment in order to facilitate certain street <br />improvements associated with the school. <br />NOW THEREFORE, in consideration of the mutual covenants and agreements <br />contained herein, and other good and valuable consideration, the adequacy and receipt of which <br />is hereby acknowledged, the Parties agree as follows: <br />1.Section 7 of the Second Amendment is hereby deleted and amended to read as <br />follows: <br />7.Dedications, Street Improvements, Parking Structure and Performing Arts Center. <br />c.The parking structure, the new Performing Arts Center and other on-site <br />building improvements are to be completed by Developer at Developer's sole cost <br />and expense as generally described in the Site and Development Plan. All off- <br />site improvements shall be completed by Developer at its sole cost and expense, <br />except for the following improvements: <br />(i) Installation of a traffic signal and associated improvements at <br />Bristol Street and St. Andrew Place; <br />(ii) The replacement and restoration of St. Andrew Place; and, <br />(iii) Completion of abandonment and associated utility relocations for <br />Baker Street, Berkeley Street and Occidental Street, keeping an <br />opening between Berkeley Street and Occidental Street as a public <br />alley. <br />EXHIBIT 1 <br />2- 7