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RECORDING REQUESTED BY AND <br />WHEN RECORDED MAIL 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 />INSURANCE NOT REQUIRED N-2022-081 <br />WORK MAY PROCEED This document is exempt from the <br />CLERK OF COUNCIL payment of a recording fee pursuant to <br />DATE: Return FULLY EXECUTED Government Code Section 27383 <br />copy to COTC, M-30 <br />0 (PAl;P) oAA -L CITY OF SANTAANA <br />PROPERTY MAINTENANCE AGREEMENT FOR CONDITIONAL USE PERMIT NO. <br />c 2018-18 FOR THE PROPERTY LOCATED AT 301 NORTH TUSTIN AVENUE <br />v <br />0 <br />rz 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 Russell Fischer, LP, a <br />California limited partnership and/or any assigned responsible party, including, but not limited to <br />tenants, lessor(s), lessee(s), ground -lease holders, etc. (the "Owner"). The capitalized term <br />"Parties" shall be a collective reference to both City and Owner. The capitalized term "Party" <br />shall refer to either City or Owner interchangeably as appropriate. <br />RECITALS <br />WHEREAS, Owner seeks to develop the real property located at 301 N. Tustin Avenue in <br />Santa Ana, CA 400-032-03, which is more particularly described in the legal description <br />attached hereto as Attachment "A" and incorporated herein (the "Property"); <br />WHEREAS, on November 23, 2016, Russell Fischer, LP, a California limited partnership <br />("Applicant') submitted an application to the City (the "Development Project Application"), <br />with written consent of the Owner, to allow drive -through window service for a restaurant use 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 <br />compliance with project approval conditions, operational restrictions, maintenance, and upkeep <br />of the Property, improvements, and permitted uses. <br />NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND <br />COVENANTS CONTAINED HEREIN, THE CITY AND OWNER AGREE AS FOLLOWS: <br />