THE ROMAN CATHOLIC BISHOP OF ORANGE

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Improvements shown on Exhibit 9A attached hereto and incorporated herein by this reference, and the Parking Space & Area Summaries, all prepared under The Austin Company's Project No. 08-10167DOI (as the same may be updated from time to time, the "Site and Development Plan") conforms to the development standards established for the Property by this Second Amendment. It is understood, however, that said Site and Development Plan is conceptual only, and that nothing herein shall be construed to require that the development of the Property be in accordance with the Site and Development Plan, provided the development of the Property is otherwise consistent with the development standards established by this Second Amendment. It is recognized that there may be changes in the Site and Development Plan and any such changes in the Site and Development Plan that are in substantial conformance with the development standards established for the Property by this Second Amendment shall be approved by City. Further, nothing herein shall be construed: (i) to relieve Developer from obtaining development project plan approval pursuant to Sections 41-668 et seq. of the Santa Ana Municipal Code, whether the proposed development of the Property is in accordance with the Site and Development Plan or not, or (ii) to prohibit City from imposing reasonable conditions on such development project plan approval consistent with the development standards established by this Second Amendment; provided however no such review shall authorize or permit City to impose any condition or withhold approval to any proposed building or plan modification, the result of which would be inconsistent with any provisions of this Second Amendment. Developer, through oversight and management, shall use its best efforts to assure that staff and students attending the school on the Property fill on -site parking spaces first, parking spaces in the City lot referenced in subsection 12(b) hereof second, other available off-street parking facilities third, and on -street parking last. Developer shall also use its best efforts to promote vehicle trip -reduction practices. Developer is exempt from other city requirements concerning parking management and trip reduction. 9. Vesting of Development Rights. As a material inducement to Developer to continue with diligent efforts to promote the development of the Property, City desires to cause all development rights which may be required to develop the Property to completion, consistent with this Second Amendment, to be deemed vested in Developer for the benefit of the Property, as of the time specified in Section 1 of this Second Amendment, to the greatest extent permitted by law, and to be free of all (i) discretionary rights of City or any other person, entity or governmental agency, other than those required in connection with Street Vacations, Lot Merger and/or Tract Map, Zoning Amendment Application and General Plan Amendment discussed in Sections 1 and 11 hereof, and (ii) any subsequent building moratoriums, ordinances, rules, regulations, policies or restrictions on development which are inconsistent with this Second Amendment. Notwithstanding the foregoing, nothing set forth in this Second Amendment shall be deemed to require Developer to commence or complete the Development. In accordance with the terms of Government Code Section 65866, City and Developer agree that the general plan provisions, ordinances, rules, regulations and official policies of City in effect as of the date of this Second Amendment governing the design, density, permitted land uses, improvement and construction standards applicable to the Development (collectively, the SWR4830-4678-6704.6 -8-