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APPENDIX #1 TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT This Appendix supplements that certain Second Amended and Restated Development Agreement (the "Second Amendment ") dated as of 2016, by and between the CITY OF SANTA ANA ( "City ") and THE DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION ( "Developer "). City and Developer hereby supplement the Second Amendment as follows: A. The second sentence of Section 1 of the Second Amendment is hereby deleted in its entirety and replaced with the following new sentence: "This Second Amendment pertains initially to the Original Parcel and Additional Parcel Nos. 1, 2, and 3, and shall apply to Additional Parcel No. 4 at such time as Developer acquires title to all of the parcels comprising Additional Parcel No. 4 and all necessary Street Vacations, Lot Mergers and /or Tract Maps, Zoning Amendment Applications and General Plan Amendments, as applicable, are processed by City in order to match the zoning on the Original Parcel with the Additional Parcels." B. Sections 7 and I 1 of the Second Amendment are hereby deleted in their entirety and replaced with the following new Sections 7, 11 and 11.5: Dedications, Street Improvements, Parking Structure and Performing Arts Center. (a) Developer shall dedicate a 34 -foot wide drainage and utility easement with landscaping as shown on Exhibit 7 attached hereto and incorporated herein by this reference. Developer, at a minimum, shall be responsible for replacement of the paving and improvements within the Pedestrian Plaza as identified on that certain "Master Plan Update" for Mater Dei High School prepared by The Austin Company (Project No. 08- 10167D01), including the Preliminary Grading & Drainage Plan, the Preliminary Wet Utility Plan, the Preliminary Dry Utility Plan, the Modular Wetland Systems detail and the Parking Space & Area Summaries, all prepared under The Austin Company's Project No. 08- 10167DOI (collectively, the "Site and Development Plan "). The dedications and easements described in this subsection 7(a) shall be made by Developer prior to the issuance of any building permit for any new building to be constructed on the Property. The installation of improvements for the parking lot area, including, but not limited to, the storm drains, curb and gutters, pavement, street lights, parkway culverts where necessary as determined by the Public Works Agency, sidewalks, and drive approaches shall be the responsibility of City, in accordance with Sections 11 and 11.5 of this Second Amendment. Developer is authorized, at Developer's option, to construct the public improvements on behalf of City and then be reimbursed by City for the costs incurred by Developer, pursuant to Section 11.5 of this Second Amendment. City shall bear the cost of the preparation of a traffic analysis for the proposed traffic signal at the main entrance to the school on Edinger Avenue at Balser Street. City shall also bear any and all costs related to the design and installation of said traffic signal. Developer agrees to make the dedication referenced in subsection 7(a), above, without payment from City in consideration of receiving City's approval of this Second Amendment. SMM:475724784.2 659'1 5