75D - PH - MATER DEI EXPANSION AND PARKING STRUCTURE

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terms are defined in the Development Agreement. The parcels comprising Additional Parcel No. 4 are each owned by different owners," 2. Section 1, Application, of the Development Agreement shall hereby be amended to mead as follows: 411 Application. This Development Agreement pertains initially to the Original Parcel. This Development shall apply to Additional Parcels Nos. 1, 2 and 3,, and Additional Parcel No, 4; at such time as the Developer acquires title to each such Additional Parcel and a Zoning Ordinance Amendment to match the zoning on the Original Parcel with the Additional Parcels is processed by the City of Santa Ana. It is intended that no further or additional action be necessary by either party hereto to maize this Agreement effective as to such property, except that section 12 of this Development Agreement shall be effective immediately upon the Effective Date of this Development Agreement." 3, Section 2, Term, subsection (b) of the Development Agreement shall hereby be amended to read as follows: "(b) The term ("Term") of this Development Agreement shall be twenty -`five (25) years from the effective date of the Second Amendment, subject to earlier termination as hereinafter provided: Unless otherwise specified, the obligations herein and the rights herein shall remain in full force and effect throughout the Term" 4. Section 3, Permitted Use of the Property, shall hereby be amended to read as follows: "The parties agree that the use of the Property as a private secondary school offering general, technical, vocational acid college preparatory education to students in Fades 9 through 12 is a permitted use of the Propety, subject to the right of the City to enforce all law's which do not conflict with the rights of the Developer under this Development Agreement. In addition, a permitted use of Additional Parcels Nos, 1 and 2 is a parking lot use and a permitted use of Additional Parcel No. 3 is office or classroom use, provided such office or classroom use is carried on exclusively in conjunction with the school on the Original Parcel. In addition, a permitted use of Additional Parcel No, 4 is a parking structure with a possible phasing in of surface parking prior to the construction of the parking structure, provided such uses are carried on exclusively in conjunction with the school on the Original .Parcel." 5. Section 4, Special Development Standards, subsection (a) of the Development Agreement shall hereby be amended to read as follows: "(a) Intensity of use: The number of students attending the school on the Property shall not exceed 2,500 at any one trmc." 75D -23