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RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Aha, California 92702 ATTN': Clerk oft. he Council FREE RECORDING GOVERNMENT COD.E § 6103 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT is made and entered into this 6th day of May, 2002, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and DISCOVERY SCIENCE CENTER OF ORANGE CQUNTY, a California non-profit corporation ("Developer"). x,VITN'RR g IRTI4 A. City is authorized pursuant to Government Code Sections 65864 througah 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and Developer in the development process. City enters into the Agreement pursuant to the provisions of the Government Code and applicable City policies. B. The parties hereto have previogsly entered into a Development Agreement dated May 5, 1997, recorded as Document No. 19970428804 with the Recorder of the County of Orange, and further entered into a "Development Agreement Amendment" dated July 20, 1998, recorded as Document No. 19990055323 with the Recorder of the County of Orange, (hereafter collectively referred to as the "Development Agreement"). C. The City and Developer wish to further amend the Development Agreement between the parties to provide for construction ora warehouse With ancillary office use as part of Phase 1I as defined in the Development Agreement. D. The City and Developer additionally w~ish to amend the Development Agreement to ensure completion of placement of the cladding or'skin on the "theme cube" prior to the opening of the parking garage which is to be constructed as part of Phase 17. E. The parties hereto ac'knowledge the following: Ordinance No. NS-2497 Page 4 of 49