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Docu5lgn Envelope ID: 6BDE4B89-79B8-46EA-8CDF-7C93E2572266 NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 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 IMPOSED SETTLEMENT CONDITIONS. This Agreement fulfills the execution of a Compliance Agreement requirement set forth in paragraph 2 of the Settlement Agreement. SECTION 3. TERMS AND CONDITIONS. 'The terms and conditions of this Agreement are provided herein and attached hereto as Exhibits'B" incorporated herein by this reference. SECTION 4. PROPERTY MAINTENANCE ENFORCEMENT BY THE CITY OF SANTA ANA. A. Ongoing Operational/Maintenance Conditions. Buyer, on behalf of itself, its successors and assigns and any subsequent owner of the Property, hereby agrees to maintain and repair the following elements of the Property: 1. The Property shall be maintained in conformance with the standards generally applicable to comparable commercial businesses located within the City. The Property shall comply with operational conditions of the Santa Ana Municipal Code (SAMC) applicable 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; adherence to approved project phasing, etc.). 2. Ongoing maintenance, repair and upkeep of the Property and all improvements located thereupon shall be provided by the Buyer, including but not limited to controls on the proliferation of trash and debris about the Property; the proper and timely removal of graffiti; landscaping and related landscape improvements and the like, as applicable. 3. The Buyer shall ensure that the Property remains free from abandoned, wrecked, dismantled or inoperative vehicles or parts, visible oil stains on ground surfaces, semi - vehicle storage trailers, and trailer tries. 4. The materials, products or equipment stored outdoors of the Property shall not be piled higher than the height of the current fence and must not be visible from anywhere in the public right-of-way. Public right-of-way means that area of the street, roadway, parkway, or sidewalk, that is owned, maintained, or controlled by the city. B. Notice of Maintenance Deficiencies. Upon any failure by Buyer to perform any of the maintenance and repair obligations referenced in Section 4.A. (such failure hereinafter referred to as a "Maintenance Deficiency"), the City shall issue written notice of such Maintenance Deficiency to Buyer, as provided in Section 16 of this Agreement. 2