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1. Title. The title of the Agreement shall hereinafter be "CITY OF SANTA ANA PROPERTY MAINTENANCE AGREEMENT FOR NEW INDUSTRIAL BUILDING AT 3100 AND 3130 SOUTH HARBOR BOULEVARD, DP NO. 2023-07 (MASTER ID NO. 2023- 180201, ER NO. 2023-47 (PLANS DATED 6/22/2023 AND RECEIVED 6/27/2023))". 2. Owner. All references to "Kearny Harbor, LLC" shall mean and refer to "Harbor Blvd Property LLC, a Delaware limited liability company". 3. Recitals. The first two recitals of the Agreement shall be deleted and replaced with the following: "WHEREAS, Owner seeks to develop a new 162,656 square foot industrial building on that certain real property located at 3100 and 3130 South Harbor Boulevard in Santa Ana, CA (APN: 415-023-09), which is more particularly described in the legal description attached hereto as "Attachment A" and incorporated herein (the "Property"); such development shall be referred to herein as the "Development"; WHEREAS, in connection with the City's approval of the Development, the City has requested that the Parties enter into this Agreement;" 4. Section 2. Section 2 of the Agreement is hereby deleted and replaced with the following: SECTION 2. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND CITY CONDITIONS. The Project shall comply with the requirements and conditions set forth in that certain letter of approval from the City's Planning and Building Agency dated July 26, 2023 and referencing New Industrial Building at 3100 and 3130 South Harbor Boulevard, DP No.2023- 07 (Master ID No. 2023-180201, ER No. 2023-47 (plans dated 6/22/2023 and received 6/27/2023))." 5. Maintenance Condition No. 2. The text ", including uses determined by the Planning Commission in its Resolution Nos. 2019-43" in No. 2 of Section 3(A)of the Agreement is hereby deleted and of no further force or effect. 6. Property Site Plan. All references to "Property Site Plan"in the Agreement shall mean the site plan for the New Development as approved by the City. 7. Maintenance Condition No. 17. No. 17 of Section 3(A) of the Agreement is hereby deleted and replaced with the following: "Any vehicles exceeding forty(40)feet in length, including but not limited to, vehicles utilized for ingoing and outgoing deliveries to the Building, shall be restricted to the rear areas of the Property, including the southerly and westerly areas of the Property; provided, however, these vehicles may use drive aisles on other portions of the Property as reasonably necessary for ingress to and egress from the rear of the Property. These vehicles shall not be permitted to park, load,unload, or provide deliveries along I-Iarbor Boulevard (easterly portion of the Property), at any time of the day or night." 8. Maintenance Condition No. 19. No. 19 of Section 3(A) of the Agreement is hereby deleted and replaced with the following: "The operation of all mechanical systems and 4874-2024-1563.3 392392.0000 l/6-6-24/alUmdk -2- -