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SECOND AMENDMENT TO <br />DEVELOPMENT AGREEMENT <br />THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ( "Second <br />Amendment ") is made and entered into this day of , 2013, by and between the <br />CITY OF SANTA ANA ( "City "), a charter city and municipal corporation, and C.J. <br />SEGERSTROM & SONS ( "Developer "), a California general partnership. <br />City and Developer hereby agree as follows: <br />A. City is authorized pursuant to Government Code Sections 65864 through 65869.5 <br />to enter into development agreements with persons having legal or equitable interests in real <br />property for the purpose of establishing certainty for both City and Developer in the development <br />process. City enters into the Second Amendment pursuant to the provisions of the Government <br />Code and applicable City policies. <br />B. City and California Pacific Properties, a California General Partnership, previously <br />entered into a Development Agreement dated October 15, 1990, recorded as Document No. 90- <br />625289 with the Recorder of the County of Orange ( "Development Agreement "). On February 23, <br />1995, a portion of the property covered by the Development Agreement was transferred to <br />Developer by Grant Deed recorded as Document No. 95- 0099264 with the Recorder of the County <br />of Orange. On June 20, 2005, the City and Developer entered into a First Amendment to <br />Development Agreement ( "First Amendment "), recorded as Document No. 2005000625296 with <br />the Recorder of the County of Orange, extending the term of the Development Agreement over <br />Developer's portion of the property for ten (10) years from the date of execution of the <br />Development Agreement. <br />C. City and Developer again wish to amend the Development Agreement between the <br />parties to extend the Development Agreement's term, which was originally fifteen (15) years, then <br />twenty -five (25) years after adding ten (10) years with the First Amendment, by adding an <br />additional ten (10) years, for a total of thirty -five (35) years from and after the date of execution of <br />the Development Agreement, subject to express exceptions noted in the Development Agreement. <br />D. The parties hereto acknowledge the following: <br />1. This Second Amendment is intended to assure adequate public facilities at <br />the time of development. <br />2. This Second Amendment is intended to assure development in accordance <br />with City's General Plan, applicable Specific Design Zoning and Capital <br />Improvement Plan. <br />This Second Amendment will permit achievement of goals and objectives as <br />reflected in the City's General Plan and all applicable Specific Design <br />Zoning. <br />4. Developer is required by existing City regulations to provide mitigation for <br />certain impacts and pay certain regulatory fees as conditions of approvals <br />11 A -8 <br />