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HomeMy WebLinkAboutBB HOLDINGS CA, LLC AN OREGON LIMITED LIABILITY COMPANY AND THE JOHN C. HALL TRUST DATED FEB 24, 2015 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana —Planning and Building Agency, M-20 CO*V 20 Civic Center Plaza PO Box 1988 Santa Ana, CA 92702 o e5A Ct) Return FULLY EXECUTED (Space above Line for Use by Recorder) cauvt v% 10;ri'n, Copy to City Cleric, M-30 Gristiah Sun+H"���� This document is exempt from the MAY 1 1 2026 payment of a recording fee pursuant to Government Code Section 27383 CITY OF SANTA ANA PROPERTY MAINTENANCE AGREEMENT FOR CONDITIONAL USE PERMIT NO. 2025-11 FOR THE PROPERTY LOCATED AT 1819 N. TUSTIN AVENUE This PROPERTY MAINTENANCE AGREEMENT (the "Agreement"), is effective upon the date of recordation of the Agreement (the "Effective Date"), and is entered into by and between the City of Santa Ana, a municipal corporation (the "City"), BB Holdings CA, LLC, an Oregon limited liability company ("Applicant"), and The John C. Hall Trust, John C. Hall as trustee dated Feb 24, 2015 (the "Owner"), and/or any assigned responsible party, including, but not limited to tenants, lessor(s), lessee(s), ground-lease holders, etc. deriving rights of possession from the Owner ("Responsible Party"). The capitalized term "Parties" shall be a collective reference to City, Applicant, and Owner. The capitalized term "Party' shall refer to either City, Owner, or Applicant interchangeably as appropriate. RECITALS WHEREAS, Owner seeks to authorize the development of the real property located at 1819 N. Tustin Avenue in Santa Ana, CA (APN: 396-302-03 and 396-302-15), which is more particularly described in the legal description attached hereto as Attachment "A" and incorporated herein("Property") and by Applicant pursuant to a Commercial Ground Lease dated December 12, 2024, as amended between Owner as lessor and the Applicant as lessee (the "Lease"); WHEREAS, on April 4, 2024, Applicant submitted an application to the City "Development Project Application"), with written consent of the Owner, to allow the construction of a new eating establishment with drive-through services on the Property("Project'); WHEREAS, this Agreement pertains to the Project described in the second recital, above; WHEREAS, the Parties seek to enter into this Agreement to ensure the proper compliance with Project approval conditions, operational restrictions, maintenance, and upkeep of the Property, improvements, and permitted uses. 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana —Planning and Building Agency, M-20 20 Civic Center Plaza 0 PO Box 1988 Santa Ana, CA 92702 (Space above Line for Use by Recorder) ?6"A(6?) Return FULLY EXECUTED L7eMU Zgpi¢n/ (e,s�tun sunVOnca(Oz} COPY to City Clerk, M-30 This document is exempt from the payment of a recording fee pursuant to MAR 2 Q 2026 Government Code Section 27383 N-2026-048 CITY OF SANTA ANA PROPERTY MAINTENANCE AGREEMENT FOR CONDITIONAL USE PERMIT NO. 2025-11 FOR THE PROPERTY LOCATED AT 1819 N. TUSTIN AVENUE This PROPERTY MAINTENANCE AGREEMENT (the "Agreement"), is effective upon the date of recordation of the Agreement (the "Effective Date"), and is entered into by and between the City of Santa Ana, a municipal corporation (the "City"), BB Holdings CA, LLC, an Oregon limited liability company ("Applicant"), and The John C. Hall Trust dated Feb 24, 2015 (the "Owner"), and/or any assigned responsible party, including, but not limited to tenants, lessor(s), lessee(s), ground-lease holders, etc. deriving rights of possession from the Owner ("Responsible Party"). The capitalized term "Parties" shall be a collective reference to City, Applicant, and Owner.The capitalized term"Party" shall refer to either City, Owner, or Applicant interchangeably as appropriate. RECITALS WHEREAS,Owner seeks to authorize the development of the real property located at 1819 N. Tustin Avenue in Santa Ana, CA (APN: 396-302-03 and 396-302-15), which is more particularly described in the legal description attached hereto as Attachment "A" and incorporated herein("Property")and by Applicant pursuant to a Commercial Ground Lease dated December 12, 2024, as amended between Owner as lessor and the Applicant as lessee (the "Lease"); WHEREAS, on April 4, 2024, Applicant submitted an application to the City "Development Project Application"),with written consent of the Owner, to allow the construction of a new eating establishment with drive-through services on the Property("Project"); WHEREAS, this Agreement pertains to the Project described in the second recital, above; WHEREAS,the Parties seek to enter into this Agreement to ensure the proper compliance with Project approval conditions, operational restrictions, maintenance, and upkeep of the Property, improvements, and permitted uses. 1 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE CITY, LESSEE, APPLICANT, AND OWNER AGREE AS FOLLOWS: SECTION 1. RECITALS. The Recitals above are true and correct and incorporated into the body of this Agreement by this reference. SECTION 2. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND CITY CONDITIONS. This Agreement fulfills the requirement set forth in Condition No. 14 of Planning Commission Resolution No(s). 2025-10. Owner and Applicant accept and shall fulfill all conditions of approval set forth in Planning Commission Resolution No(s). 2025-10. The Project shall substantially conform with the Development Project Application and the plans contained therein, which are on file with the City Planning and Building Agency, SECTION 3. PROPERTY MAINTENANCE ENFORCEMENT BY THE CITY OF SANTA ANA. A. Ongoing Operational/ Maintenance Conditions. Owner and Applicant, on behalf of themselves, their successors and assigns and any subsequent owner of the Property, hereby agree to maintain and repair the following elements of the Property and the Project: 1. The Property shall be maintained in conformance with the standards generally applicable to comparable retail/commercial businesses located within the City. The Development shall comply with operational conditions of the Santa Ana Municipal Code (SAMC) applicable during any period(s) of construction or major repair(e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing, etc.). 2. The Development shall comply with ongoing operational conditions, requirements and restrictions, as applicable (including, but not limited to, hours of operation., security requirements, the proper storage and disposal of trash and debris, and/or restrictions on certain uses, including uses determined by the Planning Commission in its Resolution No(s). 2025-10 to be incompatible or inconsistent with any authorized uses; compliance with applicable State and/or federal statutes and regulations, including, but not limited to, compliance with statutes and regulations regarding the appropriate operating guidelines for certain equipment (e.g., emissions standards, radio frequency emissions standards etc.). 3. All onsite activities shall comply with the City of Santa Ana Noise Ordinance at all times. 4. Ongoing maintenance, repair and upkeep of the Property and all improvements located thereupon shall be provided by the Owner and Applicant (including, but not limited to, controls on the proliferation of trash and debris about the Property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint,parking striping,pedestrian pathways/open space areas, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). 5. The Property shall be in ongoing compliance with the approved design and construction parameters, signage parameters and restrictions as well as approved landscape plans, as applicable. 2 6. Owner and Applicant, as tenant and a Responsible Party, shall be jointly and severally liable for compliance with terms of this Agreement. 7. Owner and any Responsible Party responsible for complying with this Agreement shall not assign its ownership interest in the Property or any interest in any lease, sublease, license or sublicense, unless the Owner or Responsible Party notifies the City at least thirty (30) calendar days prior to the proposed transfer or assignment (other than to a Permitted Transferee (defined below)) and the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under this Agreement. A Permitted Transferee shall mean: (i) any successor entity by merger, consolidation, reorganization, or the sale of all or substantially all of the stock or assets of a Responsible Party and (ii) any entity controlling, controlled by, or under common control with a Responsible Party. A Responsible Party will give the City notice of any assignment or sublease to a Permitted Transferee within ten (10) days after the effective date of such assignment or sublease. 8. The surface of the driveways, fire lanes, vehicle parking areas, and public right-of-way (including landscape,trees and irrigation) areas adjacent to the Property as depicted on the Property Site Plan, attached and 'incorporated herein by this reference as Attachment"B", shall be maintained in a good and serviceable condition by the Owner and Applicant, and shall be kept free of weeds,trash,or other debris. 9. The removal of solid waste,trash, or other debris from the Property shall be undertaken by a duly franchised solid waste hauler authorized to provide such services to commercial properties in the City. 10. Owner and Applicant,on behalf of themselves,their successors and assigns,hereby further covenant and agree in favor of the City to keep the exterior surfaces of all structures, fixtures or other improvements located on the Property free and clear of graffiti. Graffiti shall be removed within twenty-four(24)hours following Applicant's knowledge of such graffiti. A failure by Owner or Applicant to remove graffiti within twenty-four(24)hours following its application on any structure, fixture or other improvement located on the Property shall be deemed to be a Maintenance Deficiency for which no further notice under Section 3(D) needs to be given by the City; provided, however, if removal reasonably requires more than twenty-four(24) hours, Owner or Applicant shall have such additional time as may be reasonably required so long as Owner or Applicant commences to remove such graffiti within such twenty-four(24)hour period, and shall have such additional time as may be reasonably required so long as Owner or Applicant diligently pursues removal to completion.The outdoor trash storage enclosure shall screen all trash containers from view. 11. Lighting shall be provided in all parking areas,vehicular access ways, and along major walkways, in accordance with the SAMC and approved by the Planning and Building Division. 12. The vehicle parking areas shown on the Property Site Plan shall be maintained in a good condition to facilitate the efficient loading and unloading of delivery truck areas (limited to areas immediately adjacent to the Building) and parking within the American with Disabilities Act complaint vehicle parking spaces for the Building as shown on the Property Site Plan, 13. Any abandoned vehicle on the Property shall be promptly removed. 3 14, All onsite parking spaces shall be accessible and free of obstructions and can only be used for parking of operable vehicles at all times. 15. Vehicles utilized for ingoing and outgoing deliveries to the Building shall not exceed the weight limits set forth by the Department of Transportation Federal Highway Administration applicable to Class 1 through Class 7 type- vehicles, so long as no such vehicle exceeds forty(40)feet in length. 16. The idling of vehicles, including delivery vehicles, is prohibited within the Property or adjacent streets.Forpurposes of this Agreement, "idling"refers to the running of a vehicle's (including those used for incoming and outgoing deliveries at the Building) engine when such vehicle is not in motion for more than five (5)minutes, including when such vehicle is parked outside the Building or otherwise stationary with the engine running; provided, however, that it is recognized that progressing through a customer drive-through line shall not be considered to be"idling"in violation of this provision. 17. All operations of any preapproved mechanical equipment shall be conducted within the Building and that all openings to the Building shall be maintained in a closed position during the usage of such mechanical equipment usage; provided, however, that this provision shall not apply to approved exterior environmental monitoring and/or remediation equipment which may be installed at the Property. B. Owner and Applicant Confer to City Right to Conduct Maintenance and Repairs. Owner and Applicant, on behalf of themselves, their successors and assigns, hereby confer upon the City the right, but not the obligation, to conduct maintenance and repairs on the Property as required in Section 3(A)of this Agreement,subject to the conditions of Section 3(C). Such powers under Section 3(B) of this Agreement are conferred by Owner and Applicant on the City for the benefit of the City to provide for the health, safety and welfare of all persons who use the Project or any portion thereof and other persons who reside in the vicinity of the Project and the entire City. No ownership interest in the Property or any interest in any lease, sublease, license or sublicense of the Property shall be conveyed unless the prospective recipient of such interest agrees in writing to assume all duties, obligations, and responsibilities set forth in this Agreement. C. City Right to Enforce. The right and power of the City to enforce the maintenance, repair and replacement obligations of Owner and Applicant shall not be deemed to arise by virtue of this Section 3 alone. Any provision of this Agreement to the contrary notwithstanding,the City may, by public nuisance abatement proceeding, and/or by the initiation of an action at law or in equity, notwithstanding this Section 3, enforce the law as relates to the abatement or elimination of a public nuisance at the Property or enforce any provision or conditions of approval of a building or development permit issued for the Property by the City. It shall be presumed that the City is proceeding under the general municipal policy powers reserved to the City under this Section 3(C) if the City issues a written notice of"Maintenance Deficiency" as this term is defined in Section 3(D) of this Agreement. D. Notice of Maintenance Deficiencies. Upon any failure by Owner and Applicant to perform any of the maintenance and repair obligations referenced in Section 3(A) (such failure hereinafter referred to as a"Maintenance Deficiency"), the City shall issue written notice of such Maintenance Deficiency to Owner and Applicant, as provided in Section 13 of this Agreement. E. Maintenance Deficiencies. Owner and Applicant shall comply with any issuance of a Notice of Maintenance Deficiency within the timeframe specified by the Code Enforcement 4 Division to cure the Maintenance Deficiency identified in such Notice. Within the timeframe specified by the Code Enforcement Division in the notice of a Maintenance Deficiency, Owner or Applicant may submit a written request to the City seeking additional time to cure the Maintenance Deficiency. Each such written request for additional time shall describe and specify in detail (i) which tasks require additional time to complete the cure of the Maintenance Deficiency and the reason why such additional time is needed under the circumstances; (ii) what steps Owner and Applicant have already taken to commence the cure of the Maintenance Deficiency. The City, in its reasonable discretion,may grant, conditionally grant or deny any written request for additional time as determined by the Code Enforcement Manager. The City shall be under no obligation to consider untimely submitted time extension requests or requests which fail to provide any of the information required above. F. RESERVED. G. City May Cure Maintenance Deficiency_ 1. In the event Owner and Applicant fail to cure a Maintenance Deficiency within the time allowed, the City may initiate a public hearing pursuant to Section 41-651 of the Santa Ana Municipal Code. At such a public hearing the City shall consider such evidence and testimony of interested persons as may be relevant to the matter. If upon the conclusion of a public hearing, the City makes a written finding that a Maintenance Deficiency exists and that there appears to be non-compliance with the maintenance and repair obligations referenced in Section 3(A) of this Agreement, the City shall have the right to record the notice described in Section 3(I) of this Agreement and thereafter the City may enter upon or otherwise access the Property for the purpose of curing the Maintenance Deficiency without further notice to Owner or Applicant. 2. The foregoing notwithstanding, the City, without notice to Owner or Applicant, shall have the right to enter the Property and remove graffiti, solid waste, trash, or other debris under the following two circumstances: (i) a failure by Owner or Applicant to remove graffiti within twenty-four(24)hours following its application on any structure,fixture or other improvement located on the Property that is visible from an adjacent or contiguous public right-of-way; or (ii) a failure by Owner or Applicant to remove the accumulation of solid waste, trash, or other debris that is visible for a duration of twenty-four (24) hours from an adjacent or contiguous public right-of-way or from a designated fire lane on the Property. Any sum expended by the City for the removal of graffiti, solid waste, trash, or other debris pursuant to this Section 3(G)(2) of the Agreement shall become a lien on the Property in accordance with Section 3(H) and the City shall have the right to enforce such lien in the manner provided in Section 3(I). H. City's Lien Authority. Any sums expended by the City in enforcing, maintaining, repairing or replacing, curing any element of the Property of the Project as authorized in Section 3 for which a Maintenance Deficiency has been declared by the City to exist under Section 3(G), shall become a lien on the Property. The powers conferred upon City pursuant to this Section 3(H) are in addition to all other remedies which the City may have to enforce this Agreement, or any building or development project permit under other law including public nuisance abatement proceedings or any other action at law or equity. 5 1. Enforcement of Liens by the City. 1. The rights conferred upon the City by Owner under Section 3 of this Agreement expressly include the power to establish and enforce a lien or other encumbrances against the Property or any portion thereof, subject to all then existing other liens and encumbrances on the Property,in an amount reasonably necessary to reimburse the City for its reasonable costs of the necessary and reasonable costs incurred by the City under Section 3(G) to restore the Property and the Project to the maintenance standard required under this Section 3,including reasonable attorney's fees and costs of the prevailing party associated with the correction of the Maintenance Deficiency in connection with such action. If the amount of any such lien as relates to a Maintenance Deficiency is not paid within thirty (30) calendar days after written notice by the City to Owner and Applicant, demanding such payment, the City shall have the right to enforce its lien in accordance with the statutory authority referenced under this Section 3(I)(1). The prevailing party in a collection or other lien enforcement action authorized by this Section 3(I)shall also have the right to collect its reasonable attorney's fees,costs and expenses associated with any action or proceeding to enforce or defend its rights hereunder. 2. In the event that the City makes a written finding that a Maintenance Deficiency exists on the Project as provided in Section 3(G), then in addition its lien powers under Section 3(I)(1), the City may record a notice of correction of Maintenance Deficiency be recorded against the Property. Such a notice of Maintenance Deficiency shall refer to Section 3(G)of the Agreement,be signed by the Executive Director of the Planning and Building Agency and shall have a duration following the date of its recordation until such date the Maintenance Deficiency is corrected. J. No approval by Owner shall be necessary for the City to establish and foreclose a lien for nonpayment of amounts expended by the City to cure a Maintenance Deficiency under Section 3 of this Agreement. No failure by the City to enforce any default pertaining to the maintenance, repair or replacement of any element of the Property or the Project under Section 3 shall be deemed to be a waiver of the right or power of the City to enforce any subsequent default thereof by Owner or Applicant. K. Priority of City Ordinances and Other Laws. Notwithstanding any provision in this Agreement to the contrary, the approval and acceptance of this Agreement by the City shall not be deemed a waiver or release of any applicable provision of any building permit or other development project permit issued by the City for the improvement of the Project on the Property, or of any other applicable ordinance or law or the general police power of the City. In the event of any conflict or inconsistency between any provision hereof and any ordinance, law, or the general police power of the City, the latter shall prevail. SECTION 4. TERMINATION of AGREEMENT. This Agreement shall terminate and be of no further force or effect upon the mutual written termination of this Agreement by Owner and City; provided, however, that Applicant's obligations shall cease upon expiration or earlier termination of the Lease as to obligations arising following the date of such expiration or earlier termination but not as to obligations arising prior to such expiration or earlier termination unless City otherwise releases Applicant of those obligations. 6 SECTION 5. LEGAL ADVICE. Each Party represents and warrants to the other the following:they have carefully read this Agreement, and in signing this Agreement,they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or having knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and they have freely signed this Agreement without any reliance upon any agreement, promise, statement, or representation by or on behalf of the other Party, or in their respective agents, employees or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. SECTION 6, REPRESENTATION AND WARRANTIES OF OWNER AND APPLICANT. Owner and Applicant each represent and warrant for the benefit and reliance for the City as follows: A. Each of Owner and Applicant validly exists under the laws of the State of California and is authorized to conduct business in California and is authorized to carry on its business being conducted as contemplated in this Agreement; B. Owner and Applicant have the power and authority to enter into this Agreement; C. This Agreement shall be a legal, valid and binding obligation of Owner and Applicant, enforceable against Owner and Applicant and their successors and assigns in interest in the Property, and each portion thereof, in accordance with its terms, subject to bankruptcy and other equitable principles. SECTION 7. COVENANT OF OWNER AND APPLICANT. Owner and Applicant declare that the Project and the Property shall be held, conveyed, leased, used, and improved subject to the provisions of this Agreement and this Agreement is expressly declared to be for the benefit of the Project and the Property and the abutting public rights-of-way. The Property maintenance covenants of Owner and Applicant in favor of the City which arise under this Agreement shall run with and burden the Property and shall be binding upon all persons having or acquiring any right or title in the Property, including any leasehold interest, or any part thereof, and the successors and assigns of each of them, including Applicant. SECTION 8. TIME OF THE ESSENCE; TERM OF AGREEMENT. Time is expressly made of the essence with respect to the performance by City, Applicant, and Owner of each and every obligation and condition of this Agreement. SECTION 9. ATTORNEY'S FEES. In addition to any other remedies provided herein or available under applicable laws, if either Party to this Agreement commences an action against the other Party arising out of, or in connection with this Agreement, the prevailing Party shall be entitled to recover from the losing Party its costs of suit,including,but not limited to,its reasonable attorney's fees, expert witness fees, and costs of investigation. SECTION 10. INTEGRATION. This Agreement contains the entire understanding between the Parties relating to the transaction contemplated by this Agreement, except as otherwise provided. All prior contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. 7 Each Party is entering into this Agreement based solely upon the representations set forth herein and upon each Party's own independent investigation of any and all facts such Party deems material. This Agreement constituted the entire understanding and agreement of the Parties, notwithstanding any previous negotiations or agreements between the Parties or their predecessors in interest with respect to all or any part of the subject matter hereof. SECTION 11. SEVERABILITY. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. SECTION 12. AMENDMENT. No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments,modifications or supplements cannot be waived and any attempted waiver shall be void and invalid. SECTION 13. NOTICES. All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses,or at such other address as the respective Parties may provide in writing for this purpose: OWNER: CITY: The John C. Hall Trust City of Santa Ana dated February 25, 2015 Planning and Building Agency, M-20 1367 Circle Way PO Box 1988 Laguna Beach, CA 92651 Santa Ana, CA 92702 (714) 647-5804 With a copy to: Planning@santa-ana.org The John C. Hall Trust dated February 25, 2015 The Fieldhouse Willoughbridge Market Drayton TF9 4JJ United Kingdom And Hart Kienle Pentecost,APC Attn: R. Thommarson 4 Hutton Centre Dr., Suite 900 Santa Ana, CA 92707 APPLICANT: BB Holdings CA, LLC c/o Dutch Bros 1930 W. Rio Salado Pkwy. Tempe, AZ 85281 Attention: Legal Real Estate Re: CA7301 Santa Ana 8 SECTION 14, COUNTERPARTS, This Agreement may be executed in counterparts, and each counterpart will have the same force and effect as an original and will constitute an effective, binding agreement on the part of each of the undersigned [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 9 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as evidenced by the signatures of the authorized officers of each of them. CITY OWNER City Santa Ana, a muni pal John C. Hall Trust corpo tion B By. 77�y Atvar Nn"cam, me: • , City Ma er ATTEST: Title: By: APPLICANT - Execution required by J nnifer L. Hal Planning Commission Resolution No(s). 2025- it Clerk 10 DB Holdings CA, LLC, an Oregon limited liability company By: Boersrna Bros. LLC, i Member Signatures on following page By: ut fi IBC, its Member By: Name. l [NOTARIZED SIGNATURES REQUIRED] 10 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as evidenced by the signatures of the authorized officers of each of them. CITY OWNER City of Santa Ana, a municipal John C. Fall Trust corporation By: By: Alvaro Nunez Name: City Manager ATTEST: Title: By: ;,;; `.1 APPLICANT -Execution required by n ' er ll \ Planning Commission Resolution No(s). 2025- City Cler 10 DB Holdings CA, LLC, an Oregon limited liability company By: Boersma Bros. LLC, its Member By: Dutch Mafia, LLC, its Member By: Name: Title: [NOTARIZED SIGNATURES REQUIRED] 10 ARIZONA NOTARY( ACKNOWLEDGEMENT (PUBLIC OFFICER, TRUSTEE, OR PERSONAL REPRESENTATIVE) State of Arizgna ) County of 4t � r The foregoin _instrument was acknowledged before me this l �`I r�,4 (date) by �� '- (name and title of position). (Seal) Signat e of Person Taking Ackno ledgement KYLE DAuas 4. E otary Public•Arizon mmissio County Commission#6b774d Title or RankMy Comm.Expires Apr 30,2028 � (0 11 U�+ Serial Number, if any My Commission Expires: N'PT Copyright OO 2018 NotaryAcknowledgement.corn. All Rights Reserved. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of I On M ay c t 1 02(0 before me, WIS4 0 � . 1 y ri Rilo Date ere insert Name and itle of the O icer personally appeared i 11 yar) Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing *my EVELYN 18ARRA paragraph is true and correct. Notary Public.California Orange County Commission S 2a890b3 WITNESS my hand and i ial Seal. Comm.Expires May 3, 2028 Signature Place Notary Seal and/or Stomp Above Sig toe otary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): © Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact E Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: C2019 National Notary Association Attachment "A" Legal Description of the Property All that certain real property situated in the County of Orange, State of California, described as follows: Parcel 1: LOT 7 OF TRACT N. 3493, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 35 AND 36, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN 396-312-03 Parcel 2: PARCEL 3 OF LOT LINE ADJUSTMENT NUMBER LL2016-009 RECORDED AS INSTRUMENT NO. 2017000471055 IN THE OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. APN 396-312-15 11 Attachment "B" Property Site Plan DUTCH Illill COFFEE-CAM-SAWA ANA CA WE P"N N Lw "A x ig A, v, xmwesw� U—.^=I-v M 4N%.I z U, 12