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RECORDING REQUESTED 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 />JAN 2 9 2024 - <br />0'. <br />Return FULLLY EXECUTED (Space above Line for Use by Recorder) <br />Copy to COTC, M-30 <br />This document is exempt from the <br />payment of a recording fee pursuant to <br />Government Code Section 27383 <br />N-2024-041 <br />CITY OF SANTA ANA <br />PROPERTY MAINTENANCE AGREEMENT FOR AMENDMENT APPLICATION NO. <br />2022-01 AND CONDITIONAL USE PERMIT NO.2022-14 FOR THE PROPERTY <br />LOCATED AT 1700,1720, AND 1740 EAST GARRY AVENUE <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 Terreno 7777 West Side <br />LLC, 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 1700, 1720, and 1740 <br />East Garry Avenue in Santa Ana, CA (APN: 430-171-07), which is more particularly described in <br />the legal description attached hereto as Attachment "A" and incorporated herein (the "Property"); <br />WHEREAS, on May 7, 2021, Garry Owners, LLC ("Applicant') submitted an application <br />to the City (the "Development Project Application"), with written consent of the Owner, to allow <br />development of a new, flexible industrial warehouse, manufacturing, and distribution building on <br />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 />