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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 Exhibit A, Condition
<br /> No, 1 I of Planning Commission Resolution No(s), 2025-13. Property Owner accepts and shall
<br /> fulfill all conditions of approval set forth in Planning Commission Resolution No(s), 2025-13. The
<br /> Project shall substantially conform with the Development Project Application and the plans
<br /> contained therein, which are on file with the City Planning and Building Agency.
<br /> SECTION 3. PROPERTY MAINTENANCE ENFORCEMENT BY THE CITY OF
<br /> SANTA ANA,
<br /> A. Ongoing_Operat_ional/ Maintenance Conditions, Owner, on behalf of itself, its
<br /> successors and assigns and any owner of the Property, hereby agrees to maintain and repair the
<br /> following elements of the Property and the Project;
<br /> 1, The Property shall be maintained in conformance with the standards generally applicable
<br /> to comparable retail/commercial businesses located within the City. The Development
<br /> shall comply with operational conditions of the Santa Ana Municipal Code (SAMC)
<br /> applicable during any period(s)of construction or major repair (e.g., proper screening and
<br /> securing of the construction site; implementation of proper erosion control, dust control
<br /> and noise mitigation measure; adherence to approved project 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), 2025-13 to be incompatible or inconsistent with any authorized uses; compliance
<br /> with applicable State and/or federal statutes and regulations, including but not limited to
<br /> compliance with statutes and regulations regarding the appropriate operating guidelines for
<br /> certain equipment (e.g., emissions standards, radio frequency emissions standards etc,).
<br /> 3. All onsite activities shall comply with the City of Santa Ana Noise Ordinance at all times.
<br /> 4. The Property shall be in ongoing compliance with the approved design and construction
<br /> parameters, signage parameters and restrictions as well as landscape designs, as applicable,
<br /> 5. Ongoing maintenance, repair and upkeep of the Property and all improvements located
<br /> thereupon shall be provided by the Owner (including but not limited to controls on the
<br /> proliferation of trash and debris about the Property; the proper and timely removal of
<br /> graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or
<br /> weathered buildings, structures and/or improvements; the timely maintenance, repair and
<br /> upkeep of exterior paint, parking striping, pedestrian pathways/open space areas, lighting
<br /> and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom
<br /> fixtures, landscaping and related landscape improvements and the like, as applicable),
<br /> 6. If the applicant and the owner of the property are different(e,g,, if the applicant is a tenant
<br /> or licensee of the property or any portion thereof), both the applicant and the owner of the
<br /> property shall be signatories to the maintenance agreement and both shall be jointly and
<br /> severally liable for compliance with its terms, If the applicant is a sub-lessee or sub-
<br /> licensee any portion of the property or any equipment located upon the property (e,g,, as
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