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RECORDING REQUESTED BY AND WHEN RECORDED MAIL Recorded in Official Records, Orange County TO: Hugh Nguyen, Clerk-Recorder City of Santa Ana III �1 111111111 Jill 1111I III/ IIIII IIII 1111I lIIII I$1 IIIII I'll I I III III1 NO FEE Planning and Building Agency, M-20 20 Civic Center Plaza � $ R 0 fl 1 5 7 5 8 2 9 4 $ PO Box 1988 20250023138 40:42 am 08122125 Santa Ana, CA 92702 869 RecWin3A Al2 12 0.00 0M 0.00 0.00 33.00 0.00 o.oa 0.00 0.00 0.00 0: F 3 A (,L) (Space above Line for Use by Recorder) ?UPQG CICM6l(OZ) Return FULLY EXECUTED N-2025-216 Copy to City Clerk, M-30 This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383 I-" 19-P CITY OF SANTA ANA PJ f PROPERTY MAINTENANCE AGREEMENT FOR MINOR EXCEPTION NO. 2024-01 a,GF FOR THE PROPERTY LOCATED AT 300 AND 322 E. DYER ROAD, SANTA ANA, CA 92707 This PROPERTY MAINTENANCE AGREEMENT (the "Agreement"), is effective 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 DYER INDUSTIRAL, LLC, 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 300 and 322 E.Dyer Road in Santa Ana,CA(APN:411-021-02),which is more particularly described in the legal description attached hereto as Attachment"A" and incorporated herein (the "Property"); WHEREAS, on May 9, 2024, DYER INDUSTRIAL, LLC ("Applicant") submitted an application to the City (the "Development Project Application"), with written consent of the Owner, to allow approval of a minor exception application to exceed the maximum allowable building height of thirty-five (35) feet, by no more than twenty-five percent (25%), for a total height of 43 feet and 9 inches 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: 1