75D - PH - MATER DEI EXPANSION AND PARKING STRUCTURE

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SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (` "Second Amendment") is entered into this — day of 2015; by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the laws of the State of California ( "City"), and the DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION, a California non - profit corporation ( "Developer "). RECITALS A, On August 21, 1995, the Developer and City entered into a Development Agreement ( "Development Agreement") to facilitate the physical expansion and improvement of an existing private secondary school "Project ") on that certain property generally located on the west side of Baker Street, north of St. Andrew Place, south of Edinger Avenue, and east of Bristol Street ( "Property'), as approved by Santa Ana City Council Ordinance No. NS -2260. A ft ac and correct copy of said Development Agreement is attached hereto as Exhibit 11 and incorporated herein by this reference, B. On June 21, 1949, the Developer and City entered into an Amendment to Development Agreement to reflect various changes in the development standards applicable to the Project, as approved by Santa Ana City Council Ordinance No. NS -23$9. A trac and correct copy of said Amendment to Development Agreement is attached hereto as Exhibit 12 and incorporated herein by this reference. C. Government Code § 65868 provides that a development agreement may be amended by rputual consent of the parties to the agreement. The City and Developer desire to enter into this Second Amendment in order` to facilitate an increase in student population, expansion of school classroom facilities, constriction of a parking structure, and for general athletic uses and activities on parcels to be acquired by Developer. D. The terms and conditions of this Second Amendment have been found by tyre City Council to be fair, just and reasonable, and the City has concluded that the purpose of the development as described herein 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. 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: L Recital B of the Development Agreement shall hereby be amended by adding the fallowing to the end of the existing language: The Development is also to be located on the additional parcel proposed to be acquired by the Developer, which 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 these 75D -22