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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 /> (Space above Line for Use by Recorder) <br /> Gen aZap;enf Return FULLY EXECUTED N-2026-195 <br /> GY i5i-1unSantanp(02) <br /> Cagy to Cit,,,Clerk, M-30 This document is exempt from the <br /> payment of a recording fee pursuant to <br /> Government Code Section 27383 <br /> CITY OF SANTA ANA <br /> PROPERTY MAINTENANCE AGREEMENT FOR CUP NO. 2015-19-MOD-1 FOR THE <br /> PROPERTY LOCATED AT 601 E SANTA ANA BLVD, SANTA ANA, CA 92701 <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 Dana N. Harvey and <br /> Melanie A. Harvey, Trustees of the D. &M. Harvey Revocable Trust Dated May 24, 2006, and/or <br /> any assigned responsible party, including, but not limited to tenants, lessor(s), lessee(s), ground- <br /> lease holders, etc. (the "Owner"). The capitalized term "Parties" shall be a collective reference to <br /> both City and Owner. The capitalized term "Party" shall refer to either City or Owner <br /> interchangeably as appropriate. <br /> RECITALS <br /> WHEREAS, Owner seeks to develop the real property located at 601 E. Santa Ana Blvd in <br /> Santa Ana, CA APN (398-301-21), which is more particularly described in the legal description <br /> attached hereto as Attachment "A" and incorporated herein(the "Property"); <br /> WHEREAS, on February 7, 2025, ARIZMENDIGREEN DBA BENCHMARK <br /> RESTAURANT ("Applicant") submitted an application to the City (the "Development Project <br /> Application"),with written consent of the Owner,to allow for the upgrade of an Alcohol Beverage <br /> Control License (ABC) from a Type 41 to a Type 47 ABC license and commercial expansion 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 /> 1 <br />