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RESOLUTION NO. 76-5 PAGE TWO WHEREAS, the City Council of the City of Santa Ana finds that the use of the above described land by the said Bryn Berge or his successors or assigns, as hereinafter set forth, does not unduly interfere with the use and enjoyment by the public of the right-of-way for street purposes of South Main Street, or with the interests of the City of Santa Ana, provided that the said Bryn Berge and his successors or assigns comply with certain conditions, covenants and restrictions as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED that, subject to the following conditions, covenants and restrictions, the City of Santa Ana does hereby give revocable permission to Bryn Berge and to his successors and assignees in interest in the real property located at 4131 South Main Street (hereinafter referred to as "Permittee") to use the above described land. BE IT FURTHER RESOLVED that the effective date of the permit herein given shall be the date on which Permittee files with the City Clerk of the City of Santa Ana his written, signed and notarized acceptance of this permit and the conditions, cove- nants and restrictions upon which this permit is given; provided, however, that this permit shall be null and void if such filing is not made within sixty (60) days of the date of adoption of this Resolution; and provided further that, if the Permittee has not acquired title to the real property located at 4131 South Main Street at the time of such filing, this Permit shall not become effective until such time as the Permittee does acquire such title. BE IT FURTHER RESOLVED that the conditions, covenants and restrictions upon which this permit is given are as follows: 1. Permitted use. This permit is granted upon the express condition that the above described land shall be used by Permittee for the following sole and exclusive purposes, and for no other purposes, to wit: Landscaping, pedestrian access, and vehicular access and parking in conjunction with and incidental to the use and occupation of the real property at 4131 South Main Street, including such improvements as may be neces- sary or convenient for such purposes, subject to all restrictions imposed by law. Permittee covenants, by accepting the terms hereof, that he will not occupy or use the said above described land or permit the same to be used for any purpose other than that specified herein. 2. Term. This permit shall remain in effect until revoked by the City of Santa Ana at such time as the City Council of the City of Santa Ana may determine that the above described land shall be improved for public purposes. Such revocation may extend to the whole of the above-described land or to any portion thereof, may be with or without notice, and shall be without liability. 3. Use and Maintenance. The use and maintenance of the above described land shall be at the sole cost and expense of Permittee, and Permittee shall comply with any directive of the City's Director of Public Works directing the abatement of any condition on the above described land determined by