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WHEREAS, this Agreement is a condition precedent to settle all disputes with
<br />Respondents with respect to the Action.
<br />NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
<br />contained herein, the parties hereby 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 IMPOSED SETTLEMENT CONDITIONS. This
<br />Agreement fulfills the requirement set forth in paragraph 2 of the Settlement Agreement. Buyer
<br />accepts and shall fulfill all conditions set forth in the Settlement. Buyer shall pay the City's staff
<br />time, reasonable attorney's fees, and abatement costs, and make a charitable donation as provided
<br />in paragraph 3 of the Settlement Agreement, as well as perform all additional conditions and
<br />requirements in this Agreement.
<br />SECTION 3. TERMS AND CONDITIONS. The terns and conditions of this Agreement
<br />are attached hereto as Exhibits B and incorporated herein by this reference.
<br />SECTION 4. PROPERTY MAINTENANCE ENFORCEMENT BY THE CITY OF
<br />SANTA ANA.
<br />A. Ongoing Operational/Maintenance Conditions Buyer, on behalf of itself, its successors
<br />and assigns and any subsequent owner of the Property, hereby agrees to maintain and repair the
<br />following elements of the Property:
<br />1. The Property shall be maintained in compliance with the requirements of SAMC Chapters
<br />8, 16, 41, the Un?form Code for the Abatement of Dangerous Bulldbrgs, lnternarional
<br />Property Maintenance Code and California Health & Safety Code section 17920.3,
<br />2. The Property shall comply with operational conditions of the SAMC applicable during any
<br />period(s) of construction or major repair (e.g., proper screening and securing of the
<br />construction site; implementation of proper erosion control, dust control and noise
<br />mitigation measure, etc.).
<br />3. The Property shall be kept free of weeds, dry brush, dead vegetation, excessive foliage
<br />growth, trash, junk, debris, building materials, any accumulation of newspaper, circular
<br />flyers, notices (except those required by federal, state or local law), discarded personal
<br />items including, but not limited to, furniture, clothing, large and small appliances, printed
<br />material or any other items that give the appearance that the property is abandoned.
<br />4. Visible yards shall be landscaped and continuously maintained by proper pruning, mowing
<br />of lawns, weeding, removal of litter, fertilizing, replacement of plants and decorative
<br />materials when necessary, and the regular watering of plants. Landscaping includes, but is
<br />not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative
<br />rock or bark or artificial turf/sod designed specifically for residential installation and
<br />standards listed in SAMC section 41-609 "Landscape." Landscaping does not include
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