C.J. SEGERSTORM & SONS AND 7 LEAVES HOLDING, INC.

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SECTION 3. PROPERTY MAINTENANCE ENFORCEMENT BY THE CITY OF SANTA ANA. A. Ongoing Operational/ Maintenance Conditions. Owner and Applicant, each on behalf of itself, its successors and assigns, hereby agrees to maintain and repair the following elements of the Property and the Project: I. The Property shall be maintained in conformance with the standards generally applicable to comparable retail/commercial businesses located within the City. The Development shall comply with operational conditions of the Santa Ana Municipal Code (as amended from time to time, "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 Development shall comply with ongoing operational conditions, requirements and restrictions of the SAMC and Conditional Use Permit 2023-10, 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 uses determined by the Planning Commission in its Resolution No(s). 2023-09 to be incompatible or inconsistent with any authorized uses, compliance with applicable State and/or federal statutes and regulations, including but not limited to compliance with statutes and regulations regarding the appropriate operating guidelines for certain equipment (e.g., emissions standards, radio frequency emissions standards etc.)]. 3. All onsite activities shall comply with the City of Santa Ana Noise Ordinance 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 or Applicant (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, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). 6. If the applicant and the owner of the property are different (e.g., if the applicant is a tenant or licensee of the property or any portion thereoi), both the applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. If the applicant is a sub -lessee or sub - licensee any portion of the property or any equipment located upon the property (e.g., as would be the case with a wireless carrier seeking to co -locate equipment upon an existing wireless telecommunication facility), the applicant, the primary lessee/licensee and the underlying property owner shall all be signatories to the maintenance agreement and shall all be jointly and severally liable for compliance with its terms.