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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 Return FULLLY EXECUTED COPY (Space above Line for Use by Recorder) Copy to COTC, M-30 This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383 N-2023-124 B PDA(U (w) CITY OF SANTA ANA (,Lt'i3 ho✓� 5.� PROPERTY MAINTENANCE AGREEMENT FOR CONDITIONAL USE PERMIT NO. 2023-01 FOR THE PROPERTY LOCATED AT 120 South Harbor Boulevard, Santa Ana CA, 92704. 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 Tung Thanh Dinh, 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 120 South Harbor Boulevard, in Santa Ana, CA [APN] (188-041-02), which is more particularly described in the legal description attached hereto as Attachment "A" and incorporated herein (the "Property"); WHEREAS, on January 13`^, 2023, Tung Thanh Dinh and Thien Thi Thanh Tran, Trustees of the N.D. Dinh Tran Living Trust, dated January 27, 1988 ("Applicant') submitted an application to the City (the "Conditional Use Permit Application"), with written consent of the Owner, to allow the sale of beer and wine for on -site consumption (a Type 41 Alcoholic Beverage Control "ABC" license) 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: