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SECTION 1. RECITALS. The Recitals above are true and correct and incorporated into the body of this Agreement by this reference. SECTION 2. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND CITY CONDITIONS. This Agreement fulfills the requirement set forth in City Council Resolution 2019-041, Condition No. 14. Owner accepts and shall fulfill all conditions of approval set forth in City Council Resolution 2019-041. The Project shall substantially conform with the Development Project Application and the plans contained therein, which are on file with the City Planning and Building Agency. SECTION 3. PROPERTY MAINTENANCE ENFORCEMENT BY THE CITY OF SANTA ANA. A. Ongoing Operational/Maintenance Conditions. Owner, on behalf of itself, its successors and assigns and any owner of the Property, hereby agrees to maintain and repair the Following elements of the Property and the Project: 1. The commercial portions of the Property shall be maintained in conformance with the standards generally applicable to comparable retail/commercial businesses located within the City. Residential development on the Property shall be maintained in conformance with the standards generally applicable to comparable multifamily housing within the City. The Development shall comply with applicable operational conditions of the MainPlace Specific Plan (SP=4) and Santa Ana Municipal Code (SAMC) during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure, etc.). 2. The Development shall comply with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, and/or restrictions on certain uses), including all standards set forth in the MainPlace Specific Plan (SP-4), and shall comply with applicable State and/or federal statutes and regulations, including but not limited to statutes and regulations regarding the appropriate operating guidelines for certain equipment (e.g., emissions standards, radio frequency emissions standards etc.). 3. As required by MainPlace Specific Plan (SP-4), Section 3.1.5(B), all onsite activities shall comply with the City of Santa Ana Noise Ordinance, as applicable, at all times. 4. The Property shall be in ongoing compliance with the approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. 5. Ongoing maintenance, repair and upkeep of the Property and all improvements located thereupon shall be provided by the Owner (including but not limited to controls on the proliferation of trash and debris about the Property; the proper and tirnely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, pedestrian pathways/open space areas, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). 6. The surface of the driveways, fire lanes, vehicle parking areas, parkways (curb to back of sidewalk) and sidewalks adjacent to the Property shall be maintained in a good and serviceable condition by the Owner, and shall be kept free of weeds, trash, or other debris. 2