C.J. SEGERSTORM & SONS AND 7 LEAVES HOLDING, INC.

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INSURANCE NOT REQUIRED N-2023-273 WORK MAY PROCEED CITY CLERK DATE: CITY OF SANTA ANA PROPERTY MAINTENANCE AGREEMENT CNt. i)cbm(�� FOR CONDITIONAL USE PERMIT (CUP) NO.2023-10 FOR THE PROPERTY LOCATED AT 3000 SOUTH BRISTOL STREET This PROPERTY MAINTENANCE AGREEMENT (the "Agreement'), is effective upon the last date of execution set forth below the signatures hereto (the "Effective Date"), and is entered into by and between the City of Santa Ana, a municipal corporation (the "City") and C.J. cn Segerstrom & Sons, a California general partnership ("Owner"), and 7 Leaves Holding, Inc, a California corporation ("Applicant'). The capitalized term "Parties" shall be a collective reference to City and Owner and Applicant. The capitalized term "Party" shall refer to either City or Owner v or Applicant interchangeably as appropriate RECITALS WHEREAS, Applicant seeks to operate an eating establishment with drive -through window service at 3000 South Bristol Street in Santa Ana, CA (the "Property"); WHEREAS, Owner and Applicant entered into that certain Ground and Building Lease dated April 26, 2022 (`Lease") whereby Owner leases to Applicant the Property for the operation of a 7 Leaves Cafe; WHEREAS, in August 2022, Applicant submitted an application to the City for a Conditional Use Permit (the "Development Project Application"), with written consent of the Owner, to allow operation on the Property (`Development') of an eating establishment with a drive -through service window for a new 7 Leaves Cafe; WHEREAS, this Agreement pertains to the Project described in the third 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 AND APPLICANT AGREE AS FOLLOWS: SECTION 1. RECITALS. The Recitals above are true and correct and incorporated into the body of this Agreement by this reference. SECTION 2. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND CITY CONDITIONS. This Agreement fulfills the requirement set forth in Condition No. 7 of Planning Commission Resolution No(s). 2023-09. Applicant accepts and shall fulfill all conditions of approval set forth in Planning Commission Resolution No(s). 2023-09. 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.