HomeMy WebLinkAboutORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM (OCERS) RECORDING REQUESTED BY
AND WHEN RECORDED MAIL
TO:
City of Santa Ana
—Planning and Building Agency, M-20
20 Civic Center Plaza y
PO Box 1988
Santa Ana, CA 92702
(Space above Line for Use by Recorder)
Return FULLY EXECUTED
Cazmuza Q;VV% Copy to City Clerk, M-30 This document is exempt from the
�2rr�Uva.vm[m L42) Y p
MAR Z 0 2026 payment of a recording fee pursuant to
Government Code Section 27383
CITY OF SANTA ANA N-2026-063
PROPERTY MAINTENANCE AGREEMENT FOR MINOR EXCEPTION NOS. 2025-01
AND 2025-02 FOR THE PROPERTY LOCATED AT 1200 NORTH TUSTIN AVENUE,
SANTA ANA, CA 92705
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 the Orange County
Employees Retirement System ("OCERS"), a special district, 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 1200 N. Tustin Ave. in
Santa Ana, CA (APN: 400-152-02), which is more particularly described in the legal description
attached hereto as Attachment "A" and incorporated herein(the "Property");
WHEREAS, on November 11, 2024, OCERS ("Applicant") submitted an application to
the City(the"Development Project Application"), with written consent of the Owner,to allow the
construction of a three-story 65,768-square-foot office building to serve as the headquarters for
OCERS 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:
SECTION 1. RECITALS. The Recitals above are true and correct and incorporated into
the body of this Agreement by this reference.
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SECTION 2. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND
CITY CONDITIONS. This Agreement fulfills the requirement set forth in Section 4, Condition
No. 7 of the Zoning Administrator Resolution No. 2025-02 and Section 4, Condition No. 8 of the
Zoning Administrator Resolution No. 2025-03. Owner accepts and shall fulfill all conditions of
approval set forth in Zoning Administrator Resolution Nos 2025-02 and 2025-03.The Project shall
substantially conform with the Development Project Application and the plans contained therein,
which are on file with the City Planning and Building Agency,
SECTION 3. PROPERTY MAINTENANCE ENFORCEMENT BY THE CITY OF
SANTA ANA.
A. Ongoing Operational/Maintenance Conditions. Owner, on behalf of itself, its
successors and assigns, and any owner of the Property, hereby agrees to maintain and repair the
following elements of the Property and the Project:
1. The Property shall be maintained in conformance with the standards generally applicable
to comparable retail/commercial businesses located within the City. The Development
shall comply with operational conditions of the Santa Ana Municipal Code (SAMC)
applicable during any period(s) of construction or major repair(e.g., proper screening and
securing of the construction site; implementation of proper erosion control, dust control,
and noise mitigation measures; adherence to approved project phasing, etc.).
2. The Development shall comply with ongoing operational conditions, requirements, and
restrictions, as applicable (including but not limited to hours of operation, security
requirements, the proper storage and disposal of trash and debris, and/or restrictions on
certain uses, including uses determined by the Zoning Administrator in Resolutions Nos.
2025-02 and 2025-03 to be incompatible or inconsistent with any authorized uses;
compliance with applicable State and/or federal statutes and regulations, including but not
limited to compliance with statutes and regulations regarding the appropriate operating
guidelines for certain equipment (e.g., emissions standards, radio frequency emissions
standards, etc.).
3. All onsite activities shall comply with the City of Santa Ana Noise Ordinance at all times.
4. The Property shall be in ongoing compliance with the approved design and construction
parameters, signage parameters, and restrictions, as well as landscape designs, as
applicable.
5. Ongoing maintenance, repair and upkeep of the Property and all improvements located
thereupon shall be provided by the Owner (including but not limited to controls on the
proliferation of trash and debris about the Property; the proper and timely removal of
graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or
weathered buildings, structures and/or improvements; the timely maintenance, repair and
upkeep of exterior paint, parking striping, pedestrian pathways/open space areas, lighting
and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom
fixtures, landscaping and related landscape improvements and the like, as applicable).
6. If the applicant and the owner of the property are different (e.g., if the applicant is a tenant
or licensee of the property or any portion thereof), both the applicant and the owner of the
property shall be signatories to the maintenance agreement and both shall be jointly and
severally liable for compliance with its terms. If the applicant is a sub-lessee or sub-
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licensee any portion of the property or any equipment located upon the property (e.g., as
would be the case with a wireless carrier seeking to co-locate equipment upon an existing
wireless telecommunication facility), the applicant, the primary lessee/licensee and the
underlying property owner shall all be signatories to the maintenance agreement and shall
all be jointly and severally liable for compliance with its terms,
7. Owner shall not assign its ownership interest in the property or any interest in any lease,
sublease,license,or sublicense,unless the prospective assignee agrees in writing to assume
all of the duties and obligations and responsibilities set forth under the maintenance
agreement.
8. The surface of the driveways,fire lanes, vehicle parking areas, and public right-of-way
areas adjacent to the Property as depicted on the Property Site Plan shall be maintained
in a good and serviceable conditionby the Owner, and shall be kept free of weeds,trash,
or other debris.
9. The removal of solid waste,trash,or other debris from the Property shall be undertaken by
a duly franchised solid waste hauler authorized to provide such services to commercial
properties in the City.
10. The outdoor trash storage enclosure shall screen all trash containers from view.
11.Landscaping for the areas shown on the Property Site Plan shall be continuously
maintained by the Owner as per approved landscape plans in a good condition.
12.Lighting shall be provided in all parking areas, vehicular access ways, and along major
walkways, in accordance with the SAMC and approved by the Planning and Building
Divisions.
13, Exterior surfaces of the Building and all other structures, fixtures, or other
improvements located on the Property shall be kept free and clear of graffiti. Graffiti
shall be removed within twenty-four (24) hours following the time of its application.
Graffiti shall be removed by either painting over the evidence of such graffiti with a
paint that has been color-matched to the surface to which it is applied or by removing
graffiti with solvents or detergents,as applicable.A failure by Owner to remove graffiti
within twenty-four (24) hours following its application on any structure, fixture, or
other improvement located on the Property shall be deemed to be a Maintenance
Deficiency as defined below in Section 7(d).
14. The vehicle parking areas shown on the Property Site Plan shall be maintained in a
good condition to facilitate the efficient loading and unloading of delivery truck areas
(limited to areas immediately adjacent to the Building) and parking within the American
with Disabilities Act compliant vehicle parking spaces for the Building as shown on the
Property Site Plan.
15. Any abandoned vehicle on the Property shall be promptly removed.
16. All onsite parking spaces shall be accessible and free of obstructions and can only be used
for parking of operable vehicles at all times.
17. Vehicles utilized for ingoing and outgoing deliveries to the Building shall not exceed the
weight limits set forth by the Department of Transportation, Federal Highway
Administration, applicable to Class 1 through Class 7 type vehicles, so long as no such
vehicle exceeds forty (40)feet in length.
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18. The idling of vehicles, including delivery vehicles, is prohibited within the Property or
adjacent streets. For purposes of this Agreement, "idling"refers to the running of vehicle's
(including those used for incoming and outgoing deliveries at the Building) engine when
such vehicle is not in motion for more than five (5) minutes, including when such vehicle
is parked outside the Building or otherwise stationary with the engine running.
19. All operations of any preapproved mechanical equipment shall be conducted within the
Building, and all openings to the Building shall be maintained in a closed position during
the usage of such mechanical equipment.
B. Owner Confers to City Right to Conduct Maintenance and Repairs. Owner, on behalf
of itself, its successors and assigns, hereby confers upon the City the right but not the obligation
to conduct maintenance and repairs on the Property as required in Section 3(A)of this Agreement,
subject to the conditions of Section 3(C). Such powers under Section 3(B) of this Agreement are
conferred by Owner on the City for the benefit of the City to provide for the health, safety, and
welfare of all persons who use the Project or any portion thereof and other persons who reside in
the vicinity of the Project and the entire City,No ownership interest in the Property or any interest
in any lease, sublease, license, or sublicense of the Property shall be conveyed unless the
prospective recipient of such interest agrees in writing to assume all duties, obligations, and
responsibilities set forth in this Agreement.
C. City Right to Enforce. The right and power of the City to enforce the maintenance,
repair, and replacement obligations of Owner shall not be deemed to arise by virtue of this Section
3 alone. Any provision of this Agreement to the contrary notwithstanding,the City may,by public
nuisance abatement proceeding, and/or by the initiation of an action at law or in equity,
notwithstanding this Section 3, enforce the law as relates to the abatement or elimination of a
public nuisance at the Property or enforce any provision or conditions of approval of a building or
development permit issued for the Property by the City. It shall be presumed that the City is
proceeding under the general municipal policy powers reserved to the City under this Section 3(C)
if the City issues a written notice of"Maintenance Deficiency" as this term is defined in Section
3(D) of this Agreement.
D. Notice of Maintenance Deficiencies. Upon any failure by Owner to perform any of the
maintenance and repair obligations referenced in Section 3(A) (such failure hereinafter referred to
as a "Maintenance Deficiency"), the City shall issue written notice of such Maintenance
Deficiency to Owner, as provided in Section 13 of this Agreement.
E. Maintenance Deficiencies. Owner shall comply with any issuance of a Notice of
Maintenance Deficiency within the timeframe specified by the Code Enforcement Division to cure
the Maintenance Deficiency identified in such Notice. Within the time-frame specified by the Code
Enforcement Division in the notice of a Maintenance Deficiency, Owner may submit a written
request to the City seeking additional time to cure the Maintenance Deficiency. Each such written
request for additional time shall describe and specify in detail (i) which tasks require additional
time to complete the cure of the Maintenance Deficiency and the reason why such additional time
is needed under the circumstances; (ii) what steps the Owner has already taken to commence the
cure of the Maintenance Deficiency. The City, in its reasonable discretion, may grant,
conditionally grant, or deny any written request for additional time as determined by the Code
Enforcement Manager. The City shall be under no obligation to consider untimely submitted time
extension requests or requests that fail to provide any of the information required above.
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F. Removal of Graffiti. Owner, on behalf of itself, its successor and assigns, hereby
further covenants and agrees in favor of the City to keep the exterior surfaces of all structures,
fixtures, or other improvements located on the Property free and clear of graffiti. Graffiti shall be
removed within twenty-four (24) hours following the time of its application, A failure by Owner
to remove graffiti within twenty-four (24) hours following its application on any structure,fixture
or other improvement located on the Property shall be deemed to be a Maintenance Deficiency for
which no further notice under Section 3(D) needs to be given by the City.
G. City May Cure Maintenance DeficiencL.
1. In the event Owner fails to cure a Maintenance Deficiency within the time allowed,
the City may initiate a public hearing pursuant to Section 41-651 of the Santa Ana
Municipal Code. At such a public hearing, the City shall consider such evidence
and testimony of interested persons as may be relevant to the matter. If upon the
conclusion of a public hearing, the City makes a written finding that a Maintenance
Deficiency exists and that there appears to be non-compliance with the maintenance
and repair obligations referenced in Section 3(A) of this Agreement, the City shall
have the right to record the notice described in Section 3(1) of this Agreement and
thereafter the City may enter upon or otherwise access the Property for the purpose
of curing the Maintenance Deficiency without further notice to Owner.
2. The foregoing notwithstanding, the City, without notice to Owner, shall have the
right to enter the Property and remove graffiti, solid waste, trash, or other debris
under the following two circumstances: (i) a failure by Owner to remove graffiti
within twenty-four (24) hours following its application on any structure, fixture or
other improvement located on the Property that is visible from an adjacent or
contiguous public right-of-way; or (ii) a failure by Owner to remove the
accumulation of solid waste, trash, or other debris that is visible for a duration of
twenty-four(24)hours from an adjacent or contiguous public right-of-way or from
a designated fire lane on the Property. Any sum expended by the City for the
removal of graffiti, solid waste, trash, or other debris pursuant to this Section
3(G)(2) of the Agreement shall become a lien on the Property in accordance with
Section 3(H) and the City shall have the right to enforce such lien in the manner
provided in Section 3(I).
H. City's Lien Authority_. Any sums expended by the City in enforcing, maintaining,
repairing, or replacing, curing any element of the Property of the Project as authorized in Section
3 for which the City has declared a Maintenance Deficiency to exist under Section 3(G), shall
become a lien on the Property. The powers conferred upon City pursuant to this Section 3(H) are
in addition to all other remedies which the City may have to enforce this Agreement, or any
building or development project permit under other law, including public nuisance abatement
proceedings or any other action at law or equity.
I. Enforcement of Liens by the City.
1. The rights conferred upon the City by Owner under Section 3 of this Agreement
expressly include the power to establish and enforce a lien or other encumbrances
against the Property or any portion thereof, subject to all then existing other liens
and encumbrances on the Property,in an amount reasonably necessary to reimburse
the City for its reasonable costs of the necessary and reasonable costs incurred by
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the City under Section 3(G) to restore the Property and the Project to the
maintenance standard required under this Section 3,including reasonable attorney's
fees and costs of the prevailing party associated with the correction of the
Maintenance Deficiency in connection with such action. If the amount of any such
lien as relates to a Maintenance Deficiency is not paid within thirty (30) calendar
days after written notice by the City to Owner, demanding such payment, the City
shall have the right to enforce its lien in accordance with the statutory authority
referenced under this Section 3(I)(1). The prevailing party in a collection or other
lien enforcement action authorized by this Section 3(I) shall also have the right to
collect its reasonable attorney's fees,costs,and expenses associated with any action
or proceeding to enforce or defend its rights hereunder.
2. In the event that the City makes a written finding that a Maintenance Deficiency
exists on the Project as provided in Section 3(G),then, in addition to its lien powers
under Section 3(I)(1), the City may record a notice of correction of Maintenance
Deficiency against the Property. Such a notice of Maintenance Deficiency shall
refer to Section 3(G) of the Agreement, be signed by the Executive Director of the
Planning and Building Agency, and shall have a duration following the date of its
recordation until such date the Maintenance Deficiency is corrected.
J. No approval by Owner shall be necessary for the City to establish and foreclose a lien
for non-payment of amounts expended by the City to cure a Maintenance Deficiency under Section
3 of this Agreement. No failure by the City to enforce any default pertaining to the maintenance,
repair, or replacement of any element of the Property or the Project under Section 3 shall be
deemed to be a waiver of the right or power of the City to enforce any subsequent default thereof
by Owner.
K. Priority of City Ordinances and Other Laws. Notwithstanding any provision in this
Agreement to the contrary,the approval and acceptance of this Agreement by the City shall not be
deemed a waiver or release of any applicable provision of any building permit or other
development project permit issued by the City for the improvement of the Project on the Property,
or of any other applicable ordinance or law or the general police power of the City. In the event
of any conflict or inconsistency between any provision hereof and any ordinance, law, or the
general police power of the City, the latter shall prevail.
SECTION 4. TERMINATION of AGREEMENT. This Agreement shall terminate and
be of no further force or effect upon the mutual written termination of this Agreement by Owner
and City.
SECTION 5. LEGAL ADVICE. Each Party represents and warrants to the other the
following:they have carefully read this Agreement, and in signing this Agreement,they do so with
full knowledge of any right which they may have; they have received independent legal advice
from their respective legal counsel as to the matters set forth in this Agreement, or having
knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and
they have freely signed this Agreement without any reliance upon any agreement, promise,
statement, or representation by or on behalf of the other Party, or in their respective agents,
employees or attorneys, except as specifically set forth in this Agreement, and without duress or
coercion, whether economic or otherwise.
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SECTION 6. REPRESENTATION AND WARRANTIES OF OWNER.
Owner represents and warrants for the benefit and reliance for the City as follows:
A. Owner validly exists under the laws of the State of California and is authorized to
conduct business in California, and is authorized to carry on its business being conducted as
contemplated in this Agreement;
B. Owner has the power and authority to enter into this Agreement;
C. This Agreement shall be a legal, valid, and binding obligation of Owner, enforceable
against Owner and its successors and assigns in interest in the Property, and each portion thereof,
in accordance with its terms, subject to bankruptcy and other equitable principles.
SECTION 7. COVENANT OF OWNER. Owner declares that the Project and the
Property shall be held, conveyed, leased, used, and improved subject to the provisions of this
Agreement, and this Agreement is expressly declared to be for the benefit of the Project and the
Property and the abutting public rights-of-way. The Property maintenance covenants of Owner in
favor of the City, which arise under this Agreement, shall run with and burden the Property and
shall be binding upon all persons having or acquiring any right or title in the Property, including
any leasehold interest, or any part thereof, and the successors and assigns of each of them,
including Applicant,
SECTION 8. TIME OF THE ESSENCE, TERM OF AGREEMENT. Time is expressly
made of the essence with respect to the performance by City and Owner of each and every
obligation and condition of this Agreement.
SECTION 9. ATTORNEY'S FEES. In addition to any other remedies provided herein
or available under applicable laws, if either Party to this Agreement commences an action against
the other Party arising out of, or in connection with this Agreement, the prevailing Party shall be
entitled to recover from the losing Party its costs of suit,including,but not limited to,its reasonable
attorney's fees, expert witness fees, and costs of investigation.
SECTION M INTEGRATION. This Agreement contains the entire understanding
between the Parties relating to the transaction contemplated by this Agreement, except as
otherwise provided. All prior contemporaneous agreements, understandings,representations, and
statements, oral or written, are merged in this Agreement and shall be of no further force or effect.
Each Party is entering into this Agreement based solely upon the representations set forth herein
and upon each Party's own independent investigation of any and all facts such Party deems
material. This Agreement constituted the entire understanding and agreement of the Parties,
notwithstanding any previous negotiations or agreements between the Parties or their predecessors
in interest with respect to all or any part of the subject matter hereof.
SECTION 11. SEVERABILITY. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
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SECTION 12. AMENDMENT. No amendment, modification, or supplement of this
Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject
to City approval. The requirement for written amendments,modifications, or supplements cannot
be waived, and any attempted waiver shall be void and invalid.
SECTION 13. NOTICES. All notices permitted or required under this Agreement shall be
given to the respective Parties at the following addresses,or at such other address as the respective
Parties may provide in writing for this purpose:
OWNER: CITY:
Orange County Employees Retirement City of Santa Ana
System(OCERS) Planning and Building Agency, M-20
2223 E. Wellington Avenue, Suite 100 PO Box 1988
Santa Ana, California, 92705 Santa Ana, CA 92702
(714) 558-6200 (714) 647-5804
bshott(cDocers.org Planningt@santa-ana.org
MAILING ADDRESS:
P.O. Box 1229
Santa Ana, CA 92702
Attn: Brenda Shott
SECTION 14. COUNTERPARTS. This Agreement may be executed in counterparts, and
each counterpart will have the same force and effect as an original and will constitute an effective,
binding agreement on the part of each of the undersigned.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
8
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as evidenced
by the signatures of the authorized officers of each of them.
CITY OWNER
City of Santa Ana, a municipal Orange County Employees Retirement
corporation System (OCERS)
1
By:By:-2a 4.1w
Alvaro Nunez
City Manager Name: Brenda Shott
ATTEST: Title: Assistant Chief Executive Officer,
Finance and Internal Operations
By: B
,Jenni er Ha
Clerk of Coun it
Name: Steve Delaney
Title: Chief Executive Officer
APPLICANT - Execution required by
Zoning Administrator Resolution Nos. 2025-
02 and 2025-03.
By: 1>Gr
Name:
Title:
9
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On February 17, 2026, before me, Rebeca Gonzalez-Verdugo, Notary Public,
personally appeared Brenda Shott and Steve Delaney � �,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. ZALEZVERD GONZALi<Z•VERDUGO
Notary Public—California
lamy
orange CountyCommission#2476772
Comm.Expires Der 14,2D27
Signature - (Seal)
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California 1
County of Cwnnq e-
J}
On M OLV' r1 H i 7-02(O before me, v n �Jba yni, I-C ,
Date Here Insert Name and Title of the Officer
personally appeared l—\10.02 tj [A�1Q Z
Namefs)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
[ certify under PENALTY OF PERJURY under the
o.
EVELYN IBARRA laws of the State of California that the foregoing
Notary Public,CaUornia X paragraph is true and correct.
orange County
Commission#2489063 — WITNESS my hand and official seal.
My Comm.Expires May 3,2028
Signature ,We,
Place Notary Seat and/or Stamp Above Si a Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: NumberofPages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer— Title(s):
❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
02019 National Notary Association
Attachment "A"
Legal Description of the Property
All that certain real property situated in the County of Orange, State of California, described as
follows:
Building Address: 1200 North Tustin Ave, Santa Ana, CA 92705
Accessors Parcel Number 400-152-02
Site Area 118,649 SF
Property legal description: Real property in the City of Santa Ana, County of Orange, State of
California, described as follows:
Parel A:
Parcel 1 in the City of Santa Ana, County of Orange, State of California, as per neap recorded in
book 82, pages 2 and 3 of parcel maps in the office of the County Recorder of said county.
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