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1. Title. The title of the Agreement shall hereinafter be "CITY OF SANTA ANA <br />PROPERTY MAINTENANCE AGREEMENT FOR NEW INDUSTRIAL BUILDING AT 3100 <br />AND 300 SOUTH HARBOR BOULEVARD, DP NO. 2023-07 (MASTER ID NO. 2023- <br />180201, ER NO. 2023-47 (PLANS DATED 6/22/2023 AND RECEIVED 6/27/2023))". <br />2. Owner. All references to "Kearny Harbor, LLC" shall mean and refer to "Harbor <br />Blvd Property LLC, a Delaware limited liability company". <br />3. Recitals. The first two recitals of the Agreement shall be deleted and replaced with <br />the following: <br />"WHEREAS, Owner seeks to develop a new 162,656 square foot industrial building on <br />that certain real property located at 3100 and 3130 South Harbor Boulevard in Santa Ana, CA <br />(APN: 415-023-09), which is more particularly described in the legal description attached hereto <br />as "Attachment A" and incorporated herein (the "Property"); such development shall be referred <br />to herein as the "Development"; <br />WHEREAS, in connection with the City's approval of the Development, the City has <br />requested that the Parties enter into this Agreement;" <br />4. Section 2. Section 2 of the Agreement is hereby deleted and replaced with the <br />following: <br />SECTION 2. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND <br />CITY CONDITIONS. The Project shall comply with the requirements and conditions set forth in <br />that certain letter of approval from the City's Planning and Building Agency dated July 26, 2023 <br />and referencing New Industrial Building at 3100 and 3130 South Harbor Boulevard, DP No. 2023- <br />07 (Master ID No. 2023-180201, ER No. 2023-47 (plans dated 6/22/2023 and received <br />6/27/2023))." <br />5. Maintenance Condition No. 2. The text ", including uses determined by the <br />Planning Commission in its Resolution Nos. 2019-43" in No. 2 of Section 3(A) of the Agreement <br />is hereby deleted and of no further force or effect. <br />6. Property Site Plan. All references to "Property Site Plan" in the Agreement shall <br />mean the site plan for the New Development as approved by the City. <br />7. Maintenance Condition No. 17. No. 17 of Section 3(A) of the Agreement is <br />hereby deleted and replaced with the following: "Any vehicles exceeding forty (40) feet in length, <br />including but not limited to, vehicles utilized for ingoing and outgoing deliveries to the Building, <br />shall be restricted to the rear areas of the Property, including the southerly and westerly areas of <br />the Property; provided, however, these vehicles may use drive aisles on other portions of the <br />Property as reasonably necessary for ingress to and egress from the rear of the Property. These <br />vehicles shall not be permitted to park, load, unload, or provide deliveries along Harbor Boulevard <br />(easterly portion of the Property), at any time of the day or night." <br />8. Maintenance Condition No. 19. No. t9 of Section 3(A) of the Agreement is <br />hereby deleted and replaced with the following: "The operation of all mechanical systems and <br />4874-2024-1563.3 <br />392392 00001/6-6-24/01h.dk -2- <br />