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E. The temis and conditions of this Second Amendment have been found by the City <br />Council to be fair, just and reasonable, and City has concluded that the purpose of the <br />development of the Property as described herein (the "Development') will serve the best <br />interests of its citizens and the public health, safety and welfare will be best served by entering <br />into this Second Amendment. The City and Developer intend that this Second Amendment shall <br />restate and supersede in their entirety the Development Agreement and the First Amendment. <br />NOW, THEREFORE, in consideration of the foregoing Recitals, and the mutual <br />covenants and promises hereinafter contained, and for good and valuable consideration, the <br />receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows; <br />Ap lip Cation. <br />As used herein, the "Original Parcel" means that certain property owned by Developer <br />and identified as the "Original Parcel" in Exhibit A (and legally described in Exhibit B) to the <br />Development Agreement. This Second Amendment pertains initially to the Original Parcel and <br />Additional Parcel Nos. 1, 2, and 3, and shall apply to Additional Parcel No. 4 at such time as <br />Developer acquires title to all of the parcels comprising Additional Parcel No. 4 and processes <br />all necessary Street Vacations, Lot Merger and/or Tract Map, Zoning Amendment Application <br />and General Plan Amendment, as applicable, to match the zoning on the Original Parcel with the <br />Additional Parcels is processed by City. It is intended that no farther or additional action be <br />necessary by either party hereto to make this Second Amendment effective as to such property. <br />2. Term. <br />(a) The "Effective Date" of this Second Amendment shall be the effective <br />date of the ordinance adopted by City approving same after it is submitted to the City Council for <br />approval. City and Developer shall finalize and execute this Second Amendment after it has <br />been approved by the City Council. <br />(b) The term of this Second Amendment (the "Term ") shall be twenty -five <br />(25) years from the Effective Date, subject to earlier termination as hereinafter provided. Unless <br />otherwise specified, the obligations herein and the rights herein shall remain in fall force and <br />effect throughout the Term. <br />(e) City may terminate this Second Amendment prior to expiration of the <br />Tenn if Developer fails to perform its obligations under this Second Amendment, subject to the <br />requirements of Section 13 hereof. <br />Permitted Use of the Property. <br />The parties agree that the use of the Property as a private secondary school offering <br />general, technical, vocational and college preparatory education to students in grades 9 through <br />12 is a permitted use of the Property, subject to the right of City to enforce all laws which do not <br />conflict with the rights of Developer under this Second Amendment. In addition, a permitted use <br />of Additional Parcel Nos. 1 and 2 is a parking lot use and a permitted use of Additional Parcel <br />No. 3 is an office or classroom use, provided such office or classroom use is carried on <br />exclusively in conjunction with the school on the Original Parcel. In addition, a permitted use of <br />-2- <br />