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RECORDING REQUESTED BY <br />AND WIZEN RECORDED MAIL <br />TO: <br />City of Santa Ana <br />— Planning and Building Agency, M-20 <br />20 Civic Center Plaza <br />PO Box 1988 <br />Santa Ana, CA 92702 <br />QaR 17 2p24 Return FULLY EXECUTED (Space above Line for Use by Recorder) <br />o'. Y e a t 1 Copy to City Clerk, M-30 N-2024-143 <br />This document is exempt from the <br />payment of a recording fee pursuant to <br />Government Code Section 27383 <br />CITY OF SANTA ANA <br />PROPERTY MAINTENANCE AGREEMENT FOR VESTING TENTATIVE TRACT <br />MAP (VTTM) NO.2022-03 (COUNTY MAP NO. <br />19195) AND DENSITY BONUS AGREEMENT (DBA) NO.2022-03 FOR THE <br />PROPERTY LOCATED AT 571 S. LYON STREET (571 THROUGH 707 S. LYON <br />STREET) <br />This PROPERTY MAINTENANCE AGREEMENT (the "Agreement'), is effective <br />upon the date of recordation of the Agreement (the "Effective Date"), and is entered into by and <br />between the City of Santa Ana, a municipal corporation (the "City") and TOLL WEST COAST <br />LLC, a Delaware limited liability company and/or any assigned responsible party, including, but <br />not limited to tenants, lessor(s), lessee(s), ground -lease holders, etc. (the "Owner"). The <br />capitalized term "Parties" shall be a collective reference to both City and Owner. The capitalized <br />term "Party" shall refer to either City or Owner interchangeably as appropriate. <br />RECITALS <br />WHEREAS, Owner seeks to develop the real property located at 571 S. Lyon Street (571 <br />through 707 S. Lyon Street) in Santa Ana, CA (APN: 402-061-03) which is more particularly <br />described in the legal description attached hereto as Attachment "A" and incorporated herein (the <br />"Property"); <br />WHEREAS, on December 17, 2021, TOLL WEST COAST LLC, a Delaware limited <br />liability company ("Applicant") submitted an application to the City (the "Development Project <br />Application"), with written consent of the Owner, to allow a residential development with 51 <br />townhouse units consisting of twelve residential buildings with three-story townhouse units, with <br />eight units proposed as affordable to low-income households, on the Property ("Development'); <br />WHEREAS, this Agreement pertains to the Project described in the second recital, above; <br />WHEREAS, the Parties seek to enter into this Agreement to ensure the proper compliance <br />with project approval conditions, operational restrictions, maintenance, and upkeep of the <br />Property, improvements, and permitted uses. <br />1 <br />