THE ROMAN CATHOLIC BISHOP OF ORANGE

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E. The new development added by this Second Amendment is to be located on the additional parcels that have been acquired by Developer and are shown collectively as Additional Parcel No. 4 on Exhibit 1 attached hereto and incorporated herein by this reference. Additional Parcel No. 4 shall be considered as an "Additional Parcel" and as part of the "Property" as those terms are defined herein. The parcels comprising Additional Parcel No. 4 were acquired by Developer from several different owners. F. The terms and conditions of this Second Amendment have been found by the City Council to be fair, just and reasonable, and City has concluded that the purpose of the development of the Property as described herein (the "Development") will serve the best interests of its citizens and the public health, safety and welfare will be best served by entering into this Second Amendment. The City and Developer intend that this Second Amendment shall restate and supersede in their entirety the Development Agreement and the First Amendment. NOW, THEREFORE, in consideration of the foregoing Recitals, and the mutual covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Application. As used herein, (i) the "Original Parcel" means that certain property owned by Developer and identified as the "Original Parcel' in Exhibit 11 (and legally described in Exhibit 12) attached hereto and incorporated herein by this reference, and (ii) "Additional Parcel No. 1 ", "Additional Parcel No. 2" and "Additional Parcel No. 3" means that certain real property owned by Developer and identified as such in Exhibit 11 (and legally described in Exhibit 12) attached hereto and incorporated herein by this reference. This Second Amendment pertains to the Original Parcel and to Additional Parcel Nos. 1,2, 3 and 4. Developer has acquired title to all of the parcels comprising Additional Parcel No. 4 and has processed with the City all necessary Street Vacations, Lot Mergers and/or Tract Maps, Zoning Amendment Applications and General Plan Amendments, as applicable, needed to match the zoning on the Original Parcel with the Additional Parcels. It is intended that no further or additional action be necessary by either party hereto to make this Second Amendment effective as to the entire Property, including the Original Parcel and Additional Parcel Nos. 1, 2, 3 and 4. 2. Term. (a) The 'Effective Date" of this Second Amendment shall be May 15, 2018. City and Developer are executing this Second Amendment as it has been approved by the City Council. (b) The term of this Second Amendment (the "Term") shall be twenty-five (25) years from the Effective Date, subject to earlier termination as hereinafter provided. Unless otherwise specified, the obligations herein and the rights herein shall remain in full force and effect throughout the Term. (c) City may terminate this Second Amendment prior to expiration of the Term if Developer fails to perform its obligations under this Second Amendment, subject to the requirements of Section 13 hereof. SMRH,4830-4678-6704.6 -2-