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11V <br />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 />Recorded in Official Records, Orange County <br />Hugh Nguyen, Clerk -Recorder <br />111111 1111111111111111111111! 1111111111 NO FEE <br />*$ R Q Q 1 3 8 7 9 8 1 6 $ * <br />2022000264949 11: 10 am 08101122 <br />376 RWIA Al2 14 <br />0.00 0.00 0.00 0.00 39.00 0.00 0.000.000.00 0.00 <br />Return FULLY EXECUTED (Space above Line for Use by Recorder) <br />INSURANCE NOT REQUIRED copy to COTC M-30 <br />WORK MAY PROCEED This document is exempt from the <br />CLERK OF COUNCIL payment of a recording fee pursuant to <br />DATE; <br />Government Code Section 27383 <br />I� ti CITY OF SANTA ANA N-2�022-191 <br />PROPERTY MAINTENANCE AGREEMENT FOR CONDITIONAL USE PERMIT <br />(CUP) No. 2021-13 FOR THE PROPERTY LOCATED AT 2112 EAST FOURTH <br />STREET <br />r, <br />�v <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 Nexus Garden Plaza, <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 2112 East Fourth Street <br />in Santa Ana, CA 400-091-22, which is more particularly described in the legal description <br />attached hereto as Attachment "A" and incorporated herein (the "Property"); <br />WHEREAS, on June 24, 2021, Nexus Garden Plaza, LLV ("Applicant") submitted an <br />application to the City (the "Development Project Application"), with written consent of the <br />Owner, to allow construction of a 60 foot high major wireless communication facility disguised as <br />a mono -pine on 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 />