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RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana —Planning and Building Agency, M-20 20 Civic Center Plaza PO Box 1988 Santa Ana, CA 92702 INSURANCE NOT REQUIRED Return FULLY EXECUTED (Space above Line for Use by Recorder) copy to COTC, M-30 This document is exempt from the WORK MAY PROCEED p CLERK OF COUNCIL payment of a recording fee pursuant to GATE: N-2022-082 Government Code Section 27383 i . A901. l0)(SLA)-L CITY OF SANTAANA PROPERTY MAINTENANCE AGREEMENT FOR VARIANCE NO. 2018-10 FOR THE N c PROPERTY LOCATED AT 325 NORTH TUSTIN AVENUE N V O This PROPERTY MAINTENANCE AGREEMENT (the "Agreement'), is effective e upon the date of recordation of the Agreement (the "Effective Date"), and is entered into by and between the City of Santa Ana, a municipal corporation (the "City") and Russell Fischer, LP, a California limited partnership and/or any assigned responsible party, including, but not limited to tenants, lessor(s), lessee(s), ground -lease holders, etc. (the "Owner"). The capitalized term "Parties" shall be a collective reference to both City and Owner. The capitalized term "Party" shall refer to either City or Owner interchangeably as appropriate. RECITALS WHEREAS, Owner seeks to develop the real property located at 325 N. Tustin Avenue in Santa Ana, CA 4p0-032-02, which is more particularly described in the legal description attached hereto as Attachment "A" and incorporated herein (the "Property"); WHEREAS, on November 23, 2016, Russell Fischer, LP, a California limited partnership ("Applicant') submitted an application to the City (the "Development Project Application"), with written consent of the Owner, to allow a service station on the Property ("Development'); WHEREAS, this Agreement pertains to the Project described in the second recital, above; WHEREAS, the Parties seek to enter into this Agreement to ensure the proper compliance with project approval conditions, operational restrictions, maintenance, and upkeep of the Property, improvements, and permitted uses. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE CITY AND OWNER AGREE AS FOLLOWS: