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CD') <br /> RECORDING REQUESTED BY <br /> AND WHEN RECORDED MAIL Recorded in Official Records, Orange County <br /> TO: Hugh Nguyen, Clerk-Recorder <br /> City <br /> anningnta Ana and Building Agency, M-20 ��III$11111111111111INIM R �MIIIII � I N G FEE <br /> 20 Civic Center Plaza 2023000120747 4:10 pm�05/23/23 <br /> PO Box 1988 63 1:MI11A Al2 12 <br /> Santa Ana, CA 92702 0.00 0.00 0.00 0.00 33.00 0.00 0.000.000.00 0.00 <br /> (Space above Line for Use by Recorder) <br /> Return FULLLY EXECUTED 11,, <br /> Copy to COTC, M-30 This document is exempt from the <br /> payment of a recording fee pursuant to jh <br /> Government Code Section 27383 <br /> N-2023-124 <br /> ,. pc (. )(Ay) CITY OF SANTA ANA <br /> "`"4 g) PROPERTY MAINTENANCE AGREEMENT FOR CONDITIONAL USE PERMIT NO. <br /> 2023-01 FOR THE PROPERTY LOCATED AT 120 South Harbor Boulevard, Santa Ana <br /> 4,4 <br /> CA, 92704. <br /> 4-a <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 Tung Thanh Dinh,and/or <br /> any assigned responsible party, including, but not limited to tenants, lessor(s), lessee(s), ground- <br /> lease holders, etc. (the "Owner"). The capitalized term"Parties"shall be a collective reference to <br /> both City and Owner. The capitalized term "Party" shall refer to either City or Owner <br /> interchangeably as appropriate. <br /> RECITALS <br /> WHEREAS, Owner seeks to develop the real property located at 120 South Harbor <br /> Boulevard, in Santa Ana, CA [APN] (188-041-02), which is more particularly described in the <br /> legal description attached hereto as Attachment"A" and incorporated herein(the"Property"); <br /> WHEREAS, on January 136,2023,Tung Thanh Dinh and Thien Thi Thanh Tran,Trustees <br /> of the N.D.Dinh Tran Living Trust,dated January 27, 1988("Applicant")submitted an application <br /> to the City(the"Conditional Use Permit Application"),with written consent of the Owner,to allow <br /> the sale of beer and wine for on-site consumption(a Type 41 Alcoholic Beverage Control"ABC" <br /> license) 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 /> NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND <br /> COVENANTS CONTAINED HEREIN, THE CITY AND OWNEER AGREE AS FOLLOWS: <br /> 1 <br />