BHAIJEE REVOCABLE LIVING TRUST, THE (2)

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Section 4. COMPLETION OF IMPROVEMENTS. OWNER shall complete all Improvements within one hundred (100) calendar days beginning from the effective date fixed in paragraph 1. Upon completion of the Improvements and upon their final inspection and approval by the City, the OWNER shall submit to the City a property executed and notarized contractor statement showing the full cost of the work as well as each separate component amount due to the contractor and each and every subcontractor involved in furnishing labor, materials, or equipment necessary to complete the improvement related work. In addition, the OWNER shall submit to the City proof of payment of the contract cost pursuant to the contractor's statement and final lien waivers from all contractors and subcontractors. The City shall, within fourteen (14) business days of receipt of the contractor's statement, proof of payment, and lien waivers, issue a check to the OWNER as reimbursement in the total grant amount stated in SECTION 2 of this agreement. Section 5. FAILURE TO COMPLETE. If the OWNER fails to complete the Improvements provided for herein in conformity with the approved plans, drawings, and specifications and the terms of this Agreement, then upon written notice being given by the City to the OWNER, this Agreement shall terminate with no further action necessary by the City, and the financial or any other obligations on the part of the City under this Agreement shall cease and become null and void. Section 6. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND CITY CONDITIONS. This Agreement fulfills the requirements set forth in the Program application. The Improvements shall substantially conform with all approved development plans and city conditions, as applicable. Section 7. MAINTENANCE AND REPAIR OF IMPROVEMENTS. A. Ongoing Operational/ Maintenance Conditions. In exchange for participation in the Program, Owner hereby agrees to maintain and repair the Improvements as follows: 1. The Improvements shall be maintained in confonnance with the standards generally applicable to comparable retail/commercial businesses located within the City. The Improvements 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. The Improvements shall be in ongoing compliance with the approved design and construction parameters, signage parameters, and restrictions, as well as landscape designs, as applicable. 3. Ongoing maintenance, repair and upkeep of the Improvements 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 timely 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, landscaping and related landscape improvements, and the like, as applicable).