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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND <br /> COVENANTS CONTAINED HEREIN, THE CITY, LESSEE, APPLICANT, AND OWNER <br /> 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 APPROVED DEVELOPMENT PLANS AND <br /> CITY CONDITIONS. This Agreement fulfills the requirement set forth in Condition No. 14 of <br /> Planning Commission Resolution No(s). 2025-10. Owner and Applicant accept and shall fulfill all <br /> conditions of approval set forth in Planning Commission Resolution No(s). 2025-10. The Project <br /> shall substantially conform with the Development Project Application and the plans contained <br /> therein, which are on file with the City Planning and Building Agency, <br /> SECTION 3. PROPERTY MAINTENANCE ENFORCEMENT BY THE CITY OF <br /> SANTA ANA. <br /> A. Ongoing Operational/ Maintenance Conditions. Owner and Applicant, on behalf of <br /> themselves, their successors and assigns and any subsequent owner of the Property, hereby agree <br /> to maintain and repair the following elements of the Property and the Project: <br /> 1. The Property shall be maintained in conformance with the standards generally applicable <br /> to comparable retail/commercial businesses located within the City. The Development <br /> shall comply with operational conditions of the Santa Ana Municipal Code (SAMC) <br /> applicable during any period(s) of construction or major repair(e.g., proper screening and <br /> securing of the construction site; implementation of proper erosion control, dust control <br /> and noise mitigation measure; adherence to approved project phasing, etc.). <br /> 2. The Development shall comply with ongoing operational conditions, requirements and <br /> restrictions, as applicable (including, but not limited to, hours of operation., security <br /> requirements, the proper storage and disposal of trash and debris, and/or restrictions on <br /> certain uses, including uses determined by the Planning Commission in its Resolution <br /> No(s). 2025-10 to be incompatible or inconsistent with any authorized uses; compliance <br /> with applicable State and/or federal statutes and regulations, including, but not limited to, <br /> compliance with statutes and regulations regarding the appropriate operating guidelines for <br /> certain equipment (e.g., emissions standards, radio frequency emissions standards etc.). <br /> 3. All onsite activities shall comply with the City of Santa Ana Noise Ordinance at all times. <br /> 4. Ongoing maintenance, repair and upkeep of the Property and all improvements located <br /> thereupon shall be provided by the Owner and Applicant (including, but not limited to, <br /> controls on the proliferation of trash and debris about the Property; the proper and timely <br /> removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized <br /> and/or weathered buildings, structures and/or improvements; the timely maintenance, <br /> repair and upkeep of exterior paint,parking striping,pedestrian pathways/open space areas, <br /> lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and <br /> bathroom fixtures, landscaping and related landscape improvements and the like, as <br /> applicable). <br /> 5. The Property shall be in ongoing compliance with the approved design and construction <br /> parameters, signage parameters and restrictions as well as approved landscape plans, as <br /> applicable. <br /> 2 <br />