Loading...
HomeMy WebLinkAboutEAST END REALTY PARTNERS LP RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana —Planning and Building Agency, M-20 20 Civic Center Plaza PO Box 1988 -- Santa Ana, CA 92702 (Space above Line for Use by Recorder) Return FULLY EXECUTED INSURANCE NOT REQUIRED Copy to City Clerk, M-30 This document is exempt from the bNORK IV1AY PROCEED CITY CLERK Goverment of a recording fee pursuant to Government Code Section 27383 DATE: AUG 2 0 20 N-2026-215 'JO&coz) CITY OF SANTA ANA PROPERTY MAINTENANCE AGREEMENT FOR CONDITIONAL USE PERMIT NO. 2026-09 FOR THE PROPERTY LOCATED AT 220 E. FOURTH STREET, UNIT 105, SANTA ANA, CA 92701 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") and East End Realty Partners LP,and/or any assigned responsible party,including,but not limited to tenants,lessor(s),lessee(s), ground-lease holders, etc. (the "Owner"). The capitalized term "Parties" shall be a collective reference to both City and Owner. The capitalized term"Party" shall refer to either City or Owner interchangeably as appropriate. RECITALS WHEREAS, Owner seeks to develop the real property located at 220 E.Fourth Street,Unit 105 in Santa Ana, CA (APN 398-503-10), which is more particularly described in the legal description attached hereto as Attachment "A" and incorporated herein (the "Property"); WHEREAS, on April 16, 2026, Lowlight Hospitality LLC ("Applicant") submitted an application to the City (the "Development Project Application"), with written consent of the Owner,to allow the sale of beer and wine for on-premises consumption through a Type-41 license from.the Department of Alcoholic Beverage Control for an eating establishment on the Property ("Development"); 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. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE CITY AND OWNEER AGREE AS FOLLOWS: 1 licensee any portion of the property or any equipment located upon the property (e.g., as would be the case with a wireless carrier seeking to co-locate equipment upon an existing wireless telecommunication facility), the applicant, the primary lessee/licensee and the underlying property owner shall all be signatories to the maintenance agreement and shall all be jointly and severally liable for compliance with its terms. 7. The maintenance agreement shall further provide that any Responsible Party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease,sublease,license or sublicense,unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. 8. The surface of the driveways, fire lanes,vehicle parking areas, and public right-of-way areas adjacent to the Property as depicted on the Property Site Plan shall be maintained in a good and serviceable condition by the Owner,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. The outdoor trash storage enclosure shall screen all trash containers from view. 11. Landscaping for the areas shown on the Property Site Plan shall be continuously maintained by the Owner as per approved landscape plans in a good condition. 12. 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 Divisions. 13.Exterior surfaces of the Building and all other structures, fixtures, or other improvements located on the Property, shall be kept free and clear of graffiti. Graffiti shall be removed within twenty-four (24) hours following the time of its application. Graffiti shall be removed by either painting over the evidence of such graffiti with a paint that has been color matched to the surface to which it is applied or graffiti may be removed with solvents or detergents, as applicable. A failure by Owner 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 as defined below in Section 7(d). 14. 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. 15. Any abandoned vehicle on the Property shall be promptly removed. 16. All onsite parking spaces shall be accessible and free of obstructions and can only be used for parking of operable vehicles at all times. 17.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. 3 F. Removal of Graffiti. Owner,on behalf of itself,its successor and assigns hereby further covenants and agrees 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 the time of its application. A failure by Owner 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. G. City May Cure Maintenance Deficient . 1. In the event Owner fails 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 Lion-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. 2. The foregoing notwithstanding, the City, without notice to Owner, 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 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 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. L 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 5 SECTION 6. REPRESENTATION AND WARRANTIES OF OWNER. Owner represents and warrants for the benefit and reliance for the City as follows: A. Owner 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 has the power and authority to enter into this Agreement; C. This Agreement shall be a legal, valid and binding obligation of Owner, enforceable against Owner and its 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. Owner declares 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 in favor of the City which arises 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 and Owner of each and every obligation and condition of this Agreement. SECTION 9. A' TORNEY'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. 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 1 L 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 7 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 East En ealty Partners LP corporation By: wl ?4 By. Alvaro Nunez City Manager Naive: IRVING M. CHASE .ATTEST: Title: MANAGING=MEMBER By: en all - - APPLICANT - Execution required by City Planning Commission Resolution No. 2026-13 By: Name: , Title: �ar r - [NOTARIZED SIGNATURES REQUIRED] 9 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 On � � before me. Date Here Insert Name and Title of the O " personally appeared w 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 JENNlFER L.HALL laws of the State of California that the foregoing a NotaryPublic-California z paragraph is true and correct. x A orange county Commisslon#2532567 WITNESS my hand and official seal. r°My Comm,Expires Oct 11,2029 Signature Place Notary Seal and/or Stamp Above rgna of pry 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; er�l,rC.la� b -C 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 ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: c 2019 National Notary Association 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 7 County of ORANGE J} On JULY 8, 2026 before me, SUSAN L. WALTERS,NOTARY PUBLIC Date -Here Insert Nome and Title of the Officer personally appeared IRVING M. CHASE Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose names) 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 ot,00 bc, , SUSAN L.WALTERS paragraph is true and correct. Notary Public-California Prange CountyWITNESS m hand and official seal. Commissian�2401876 yy Comm.Expires Jul 10,2026 FOGWROOMM —— I / Sign ture /W Ploce Notary Seal andlor Stamp Above Signature No Public OPTIONAL i 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: CITY OF SANTA ANA PROPERTY MAINTENANCE AGREEMENT Document Date: WHEN RECORDER NumberofPages: 10 Signer(s) Other Than Named Above: ALVARO NUNEZ, JENNIFER HALL, SAMANTHA LYNN ZAREMBA Capacity(ies) Claimed by Signer(s) Signer's Name: IRV-LNG M. CHASE Signer's Name: ❑ Corporate Officer— Title(s): ❑ Corporate Officer— Title(s): iX partner— ❑ Limited EXGeneral ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: EAST END REALTY PARTNERS, LP 02019 National Notary Association ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual R 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 ORANGE On 07/08/2026 before me, MEHRAN HEMMATKHANI/Notary public (insert name and title of the officer) personally appeared SAMANTHA LYNN ZAREMBA who proved to me on the basis of satisfactory evidence to be the erson(�whose nameO islaV subscribed to the within instrument and acknowledged to me that/sheltfty executed the same in `t�slherltfllekr authorized capacity(r"), and that by Pis/her/thX(r signature(,)on the instrument the pe son( , or the entity upon behalf of which the personO acted, executed the instrument, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. kmY MEHRANHEMMATKHANI Notary Pubffe•Calffornia Orange county Commissfon#2436965 Comm.Expires Feb 2,2027 Signature (Seal)