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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. 11 of <br />Planning Commission Resolution No. 2019-47 and the requirement set forth in Condition No. 11 <br />of Planning Commission Resolution No. 2019-48.Owner accepts and shall fulfill all conditions of <br />approval set forth in Planning Commission Resolution No(s). 2019-47 and 2019-48. 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. DEVELOPMENT MAINTENANCE ENFORCEMENT BY THE CITY <br />OF SANTA ANA. <br />A. Ongoing Operational/ Maintenance Conditions. Owner and Applicant, on behalf of <br />themselves, their successors and assigns, hereby agrees to maintain and repair the following <br />elements of the Development: <br />1. The Development shall be maintained in conformance with the standards generally <br />applicable to comparable retail/commercial businesses located within the City. The <br />Development shall comply with operational conditions of the Santa Ana Municipal Code <br />(SAMC) applicable during any period(s) of construction or major repair (e.g., proper <br />screening and securing of the construction site; implementation of proper erosion control, <br />dust control and noise mitigation measure; adherence to approved proj ect 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). 2019-47 and 2019-48 to be incompatible or inconsistent with any authorized uses; <br />compliance with applicable State and/or federal statutes and regulations, including but not <br />limited to compliance with statutes and regulations regarding the appropriate operating <br />guidelines for certain equipment (e.g., emissions standards, radio frequency emissions <br />standards etc.). <br />3. All onsite activities shall comply with the City of Santa Ana Noise Ordinance at all times. <br />4. The Development shall be in ongoing compliance with the approved design and <br />construction parameters, signage parameters and restrictions as well as landscape designs, <br />as applicable. <br />5. Ongoing maintenance, repair and upkeep of the Development and all improvements <br />located thereupon shall be provided by the Owner or Tenant (including but not limited to <br />controls on the proliferation of trash and debris about the Development; the proper and <br />timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, <br />vandalized and/or weathered buildings, structures and/or improvements; the timely <br />maintenance, repair and upkeep of exterior paint, parking striping, pedestrian <br />pathways/open space areas, lighting and irrigation fixtures, walls and fencing, publicly <br />accessible bathrooms and bathroom fixtures, landscaping and related landscape <br />improvements and the like, as applicable). <br />2 <br />