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