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20 <br />G"C 10 IN 1,0QUIRED <br />WORK IIAY PROCEED <br />"<C� COUNCIL <br />0:Pft) (Z)(Virk4"Vsco F l <br />Return ORIGINAL <br />Executed Copy to COTC <br />(M30% ) <br />RECORDING REQUESTED BY <br />AND WHEN RECORDED MAIL TO: <br />Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, CA 92701 <br />Free recording per Govt. Code 27383 <br />Ec UU <br />A-2016-391 <br />THIS SPACE ABOVE FOR RECORDER'S USE <br />SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT <br />THIS SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this <br />"Second Amendment") is entered into as of December 14, 2020, by and between the CITY OF <br />SANTA ANA, a charter city and municipal corporation organized and existing under the laws of <br />the State of California ("City"), and THE ROMAN CATHOLIC BISHOP OF ORANGE, <br />a California corporation sole ("Developer"). <br />RECITALS <br />A. THE DIOCESE OF ORANGE EDUCATION AND WELFARE <br />CORPORATION, a California non-profit corporation ("Prior Developer") and City entered into <br />a Development Agreement (the "Development Agreement") dated August 21,1995 and recorded <br />August 26,1995 as Instrument No. 19950419668 in the Official Records of Orange County, <br />California (the "Official Records") to facilitate the physical expansion and improvement of an <br />existing private secondary school (the "Project") on that certain property generally located on the <br />west side of Baker Street, north of St. Andrew Place, south of Edinger Avenue, and east of <br />Bristol Street (the "Property"), as approved by Santa Ana City Council Ordinance No. NS-2260. <br />B. Prior Developer and City entered into an Amendment to Development Agreement <br />dated July 19, 1999 and recorded August 17,1999 as Instrument No. 19990599190 in the Official <br />Records (the "First Amendment") to reflect various changes in the development standards <br />applicable to the Project, as approved by Santa Ana City Council Ordinance No. NS-2389. <br />C. Prior Developer has transferred to Developer all of Prior Developer's right, title <br />and interest in and to the Property, the Development Agreement and the First Amendment <br />pursuant to that certain Grant Deed recorded December 17, 2010 as Instrument No. 2010- <br />000682343 and that certain Corrective Grant Deed recorded February 10, 2016 as Instrument <br />No. 2016-000057278 in the Official Records. <br />D. Government Code § 65868 provides that a development agreement may be <br />amended by mutual consent of the parties to the agreement. City and Developer desire to enter <br />into this Second Amendment in order to facilitate an increase in student population, expansion of <br />school classroom facilities, construction of a parking structure, and for general athletic uses and <br />activities on additional parcels that have been acquired by Developer. <br />SIvM 4830A678-6704.E -I- <br />