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RECORDING 11,EQUESTED BY <br />AND WHEN RECORDED MAIL <br />TO: <br />City of Santa Ana <br />—Planning and Building Agency, M-20 <br />20 Civic Center Plaza <br />PO Box 1988 <br />Santa Ana, CA 92702 <br />a INSURANCE NOT REQUIRED <br />c� WORK MAY PROCEED <br />o CITY CLERK <br />DATE <br />N <br />CJ <br />r.� <br />G) <br />Recorded in Official Records, Orange County <br />Hugh Nguyen, Clerk -Recorder <br />11111I 111T1111111 IIII11H111111111111111111IIIIII11I1IIIII NO FEE <br />*$ R 0 0 1 4 4 9 4 0 4 6 $ * <br />2023000190332 8:39 am 08108123 <br />9 RW11A Al2 12 <br />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 />Retu,n FULLLY EXECUTED <br />Copy to COTC, M-30 This document is exempt from the <br />payment of a recording fee pursuant to <br />Government Code Section 27383 <br />N-2023-183 <br />0 �Qe�A;7•�(&��aZ CITY OF SANTA ANA <br />PROPERTY MAINTENANCE AGREEMENT FOR CONDITIONAL USE PERMIT <br />(CUP) NO.2023-12 & VARIANCE (VAR) NO.2023-02 FOR THE PROPERTY <br />LOCATED AT 2204 WEST MCFADDEN AVENUE, SANTA ANA, CA <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 Immaculate Heart of <br />Mary Church and/or any assigned responsible party, including, but not limited to tenants, lessor(s), <br />lessee(s), ground -lease holders, etc. (the "Owner"). The capitalized term "Parties" shall be a <br />collective reference to both City and Owner. The capitalized term "Party" shall refer to either City <br />or Owner interchangeably as appropriate. <br />RECITALS <br />WHEREAS, Owner seeks to develop the real property located at 2204 West McFadden <br />Avenue in Santa Ana, CA, 109-081-42, which is more particularly described in the legal <br />description attached hereto as Attachment "A" and incorporated herein (the "Property"); <br />WHEREAS, on June 12, 2023, Cristo Rey Orange County High School ("Applicant") <br />submitted an application to the City (the "Development Project Application"), with written consent <br />of the Owner, to allow for the establishment of a new private college -preparatory high school and <br />for a fence that would exceed the permissible height standards for fences located within the front <br />yard area 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 />