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1.2 Effective Date of Agreement. This Parking Agreement is dated as of October 5, <br />2020, for reference purposes only. This Parking Agreement will become effective upon <br />execution by the parties ("Effective Date") <br />1.3 Parties to Agreement. <br />1.3.1 The City. The address of the City is 20 Civic Center Plaza (M-25), P.O. <br />Box 1988, Santa Ana, CA 92701; Attention: Steven Mendoza, Acting City Manager/Executive <br />Director for Community Development. <br />1.3.2 The Developer. The Developer is Caribou Industries, hic. a Nevada <br />Corporation, LLC, The principal address of the Developer is 1103 N. Broadway, Santa Ana, CA <br />92701; Attention: Michael Harrah. <br />1.4 All of the terms, covenants and conditions of this Parking Agreement shall be <br />binding on and shall inure to the benefit of the Developer and its nominees, successors and <br />assigns. Wherever the term "Developer" is used herein or therein, such term shall include any <br />nominee, assignee or successor of the Developer. <br />1.4.1 The City and Developer are sometimes individually referred to as "Party" <br />and collectively as "Parties." <br />ARTICLE 2 <br />GRANT OF EASEMENTS <br />2.1 City Grant of Easements in Public Parking Parcel. The City hereby grants to <br />Developer, for the benefit of Developer, a non-exclusive easement for pedestrian and vehicular <br />ingress and egress for that certain real property (referred to herein as "Public Parking Parcel' <br />described in Exhibit B and Exhibits B is hereby incorporated herein by reference. ("City <br />Easement') The City Easement is being granted for the benefit of Developer for the purpose of <br />constructing, operating and maintaining a portion of the Parking Structure and enabling the <br />provision of a vehicular passageway throughout the Parking Structure. City Easement shall be <br />enforceable as a covenant running with the land and an equitable servitude upon the lands <br />overlying the Parking Structure, binding upon said lands, each person having or acquiring any <br />right title or interest in said lands or any part thereof, or any improvements thereon, and upon <br />their respective successors and assigns, and shall run for the benefit of the Developer and its <br />successors and assigns owning or operating the Parking Structure. The grant of these <br />Easements shall survive the termination of this Parking Agreement. <br />2.2 Developer Grant Easements in Developer Parking Parcels. The Developer hereby <br />grants to City, for the benefit of City, non-exclusive easement for pedestrian and vehicular <br />ingress and egress for that certain real property (referred to herein as the "Developer Parking <br />Parcels") described in Exhibit B. ("Developer Easement') The Developer Easement shall be <br />enforceable as a covenant running with the land and an equitable servitude upon the Parking <br />Structure, binding upon each person having or acquiring any right, title, or interest in the Site or <br />any part thereof, or any improvements thereon, and upon their respective successors and assigns, <br />and shall run for the benefit of the City and its successors and assigns owning or operating the <br />Parking Structure. Any conveyance of all or any part of or interest in the Parking Structure or <br />Project shall be subject to, and by this Parking Agreement is deemed to be subject to, Easement <br />Page 3 of 14 <br />55394.00049\33221248.8 <br />