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ROH — 03/15/16 <br />ORDINANCE NO. NS -2895 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA APPROVING A SECOND AMENDED AND <br />RESTATED DEVELOPMENT AGREEMENT BETWEEN <br />THE CITY OF SANTA ANA AND DIOCESE OF ORANGE <br />EDUCATION AND WELFARE CORPORATION, A <br />CALIFORNIA NON - PROFIT CORPORATION, FOR THE <br />MATER DEI HIGH SCHOOL PARKING STRUCTURE AND <br />SCHOOL EXPANSION PROJECT LOCATED AT 1202 <br />WEST EDINGER AVENUE <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. On August 21, 1995, the Diocese of Orange Education and Welfare <br />Corporation ( "Developer ") and the City of Santa Ana ( "City ") entered into a Development <br />Agreement to facilitate the physical expansion and improvement of an existing private <br />secondary school on that certain property generally located on the west side of Baker <br />Street, north of St. Andrew Place, south of Edinger Avenue, and east of Bristol Street, <br />as approved by Santa Ana City Council Ordinance No. NS -2260. <br />B. On June 21, 1999, the Developer and City entered into an Amendment to <br />Development Agreement to reflect various changes in the development standards <br />applicable to the Project, as approved by Santa Ana City Council Ordinance No. NS- <br />2389. <br />C. The Developer is proposing to expand upon the operations of the existing <br />Mater Dei High School campus by constructing a three level, 990 -space parking <br />structure, as well as proposing to demolish two older classroom buildings and construct <br />a new two -story classroom building in the central section of the campus ( "Project') <br />located at 1202 West Edinger Avenue within the City. <br />D. The parties to the Development Agreement now desire to further amend <br />for a second time and completely restate said Development Agreement to reflect these <br />various changes in the development of the Project. <br />E. The City enters into this Second Amended and Restated Development <br />Agreement pursuant to the provisions of the Government Code and applicable City <br />policies. Specifically, the City is authorized pursuant to Government Code Sections <br />65864 through 65869.5 to enter into development agreements with entities having legal <br />or equitable interests in real property for the purpose of establishing certainty for both <br />City and owner in the development process. <br />Ordinance No. NS -2895 <br />Page 1 of 4 <br />