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RECORDING REQUESTED BY Recorded in the County of Orange, California AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa. Ana 20 Civic Center Plaza Santa Ana, CA 92701 THIS SPACE ABOVE FOR RECORDER'S USE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT THIS SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this "Second Amendment ") is entered into this _ day of , 2016, 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. Developer and City entered into a Development Agreement (the "Development Agreement ") dated August 21, 1995 and recorded August 26, 1995 as Instrument No. 19950419668 in the Official Records of Orange County, California (the "Official Records ") to facilitate the physical expansion and improvement of an existing private secondary school (the "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 (the "Property "), as approved by Santa Ana City Council Ordinance No. NS -2260. B. Developer and City entered into an Amendment to Development Agreement dated July 19, 1999 and recorded August 17, 1999 as Instrument No. 19990599190 in the Official Records (the "First Amendment ") to reflect various changes in the development standards applicable to the Project, as approved by Santa Ana City Council Ordinance No. NS -2389. C. Government Code § 65868 provides that a development agreement may be amended by mutual consent of the parties to the agreement. City and Developer desire to enter into this Second Amendment in order to facilitate an increase in student population, expansion of school classroom facilities, construction of a parking structure, and for general athletic uses and activities on parcels to be acquired by Developer. D. The new development added by this Second Amendment is to be located on the additional parcels proposed to be acquired by Developer, which are shown collectively as Additional Parcel No. 4 on Exhibit I 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 those terms are defined herein. The parcels comprising Additional Parcel No. 4 are owned by several different owners. Exhibit A 4- 11 A -7