SANTA ANA STATION DISTRICT II HOUSIG PARTNERS, LP 1A -2012

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N-2012-017-001 ;0Ait MAR 2 0 2012 SECOND AMENDMENT TO RIGHT OF ENTRY c . G hA AND LICENSE AGREEMENT THIS SECOND AMENDMENT TO RIGHT OF WAY AND LICENSE AGREEMENT (this "Amendment"), is entered into by and between SANTA ANA STATION DISTRICT II HOUSING PARTNERS, L.P., a California limited partnership ("Licensee"), and the CITY OF SANTA ANA and the SANTA ANA HOUSING AUTHORITY (collectively, "Licensor"), and is made effective as of March 9, 2012. RECITALS: A. Licensee and the Community Redevelopment Agency of the City of Santa Ana, predecessor-in-interest of the Santa Ana Housing Authority, executed that certain Right of Entry and License Agreement dated as of January 23, 2012, as amended by that certain First Amendment to Right of Way and License Agreement dated as of February 15, 2012 (as amended, the "Agreement") relating to entry upon the Property for the limited environmental assessment purposes set forth in the Agreement. B. Licensor and Licensee desire to amend and modify the Agreement to provide Licensee with the right to enter certain portions of the Property (those portions added to the Property by the terms of the First Amendment to Right of Way and License Agreement - Lots 2 and 3, as shown on Exhibit A attached hereto and incorporated herein) to undertake grading work, subject to the terms and provisions of the Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The foregoing Recitals and introductory paragraphs are incorporated herein as if fully here set forth. 2. Applicability of Certain DDA Provisions. (a) Prior to entry onto the Property pursuant to this Agreement, the Licensee, as "Developer" under the DDA, shall have acknowledged, in writing, the waiver or fulfillment of the Developer's Conditions Precedent as set forth in subsections (d), (g), (i), 0), (k), and (1). (b) The following provisions of the DDA shall also be applicable to this Agreement from and after entry onto the Property pursuant to this Agreement, as though a Closing occurred with respect to Phase R-2: Sections 206.4, 206.5, 206.6, 206.8, 206.9, 307.1, 309, 311, 311.1, and 312. 3. Defined Terms. Capitalized terms used in this Amendment shall have the meanings given them in the Agreement, unless otherwise indicated. 4. Property Subject to Entry. In addition to rights granted to Licensee pursuant to the Agreement, so that Licensee may implement its obligations under the DDA, Licensor hereby grants to Licensee and its employees, agents and contractors the further non-