RICK D. KAGASOFF TRUST - Laserfiche WebLink

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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 COPY Return FULLY EXECUTED (Space above Line for Use by Recorder) INSURANCE NOT REQUIRE® copy to COTC M-30 WORK MAY PROO€EIZ This document is exempt from the CLF:A(t OE DOM payment of a recording fee pursuant to Oft JUN 0 3 2022 Government Code Section 27383 o: PeA(frio N44n &)z (2) CITY OF SANTA ANA N-2022-149 PROPERTY MAINTENANCE AGREEMENT FOR CONDITIONAL USE PERMIT NOS. 2022-01 AND 2022-03 FOR THE PROPERTY LOCATED AT 2420 CAPE COD WAY, SANTA ANA, CA 92703 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 Rick D. Kagasoff Trust, and/or any assigned responsible parry, 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 2420 Cape Cod Way in Santa Ana, CA [APN 007-121-10], which is more particularly described in the legal description attached hereto as Attachment "A" and incorporated herein (the "Property"); WHEREAS, on January 6, 2022, GoBrands, Inc., dba: Gopuff ("Applicant"), on behalf of Rick D. Kagasoff Trust ("Owner") submitted an application to the City (the "Development Project Application"), with written consent of the Owner, to allow the after-hours delivery of alcoholic beverages for off -premise consumption from 6:00 A.M. until 2:00 A.M. and the sale of of alcoholic beverages for off -premise consumption from 7:00 A.M. until midnight 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 OWNEER AGREE AS FOLLOWS: