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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions <br />contained herein, the parties hereby agree as follows: <br />SECTION 1. RECITALS. The Recitals above are true and correct and incorporated into <br />the body of this Agreement by this reference. <br />SECTION 2. COMPLIANCE WITH IMPOSI3D SETTLEMENT CONDITIONS. This <br />Agreement fulfills the requirement set forth in paragraph 2 of the Settlement Agreement. Buyer <br />accepts and shall fulfill all conditions set forth in the Settlement. Buyer shall pay the Penalties, <br />Reasonable Attorneys Fees, and Abatement Costs provided in paragraph 3 of Settlement <br />Agreement, as well as all additional conditions and requirements in this Agreement. <br />SECTION 3. TERMS AND CONDITIONS. The terms and conditions of this Agreement <br />are provided herein and attached hereto as Exhibits "B" incorporated herein by this reference. <br />SECTION4. PROPERTY MAINTENANCE' ENFORCEMENT BY THE CITY OF <br />SANTA ANA. <br />A. Ongoing ORerational/Maintenance Conditions. Buyer, on behalf of itself, its successors <br />and assigns and any subsequent owner of the Property, hereby agrees to maintain and repair the <br />following elements of the Property: <br />1. The Property shall be maintained in conformance with the standards generally applicable <br />to comparable commercial businesses located within the City. The Property shall comply <br />with operational conditions of the Santa Ana Municipal Code (SAMC) applicable during <br />any period(s) of construction or major repair (r,.g., proper screening and securing of the <br />construction site; implementation of proper erosion control, dust control and noise <br />mitigation measure; adherence to approved project phasing etc.). <br />2. Ongoing maintenance, repair and upkeep of the Property and all improvements located <br />thereupon shall be provided by the Buyer (including but not limited to controls on the <br />proliferation of trash and debris about the Property; the proper and timely removal of <br />graffiti; landscaping and related landscape improvements and the like, as applicable). <br />3. The Buyer shall ensure that the Property remains free from abandoned, wrecked, <br />dismantled or inoperative vehicles or parts. This Section shall not apply to the Certified <br />Auto Salvage that operates in the following Assessor's Parcel Numbers: 398-473-04; 398- <br />473-08; and 398-473-09. <br />4. The materials, products or equipment stored outdoors of the Property shall not be piled <br />higher than the height of the current fence and :must not be visible from anywhere in the <br />public right-of-way. Public right-of-way means that area of the street, roadway, parkway, <br />or sidewalk, that is owned, maintained, or controlled by the city. <br />I I P <br />