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the City of Santa Ana which shall be recorded against the property and which shall be <br />in a form reasonably satisfactory to the City Attorney. The maintenance agreement <br />shall contain covenants, conditions and restrictions relating to the following: <br /> <br />(1) Compliance with operational conditions applicable during any period(s) of <br />construction or major repair (e.g., proper screening and securing of the <br />construction site; implementation of proper erosion control, dust control and <br />noise mitigation measure; adherence to approved project phasing etc.); <br /> <br />(2) Compliance with ongoing operational conditions, requirements and <br />restrictions, as applicable (including but not limited to hours of operation, <br />security requirements, the proper storage and disposal of trash and debris, <br />enforcement of the parking management plan, and/or restrictions on certain <br />uses, <br /> <br />(3) Ongoing compliance with approved design and construction parameters, <br />signage parameters and restrictions as well as landscape designs, as <br />applicable; <br /> <br />(4) Ongoing maintenance, repair and upkeep of the property and all <br />improvements located thereupon at all times (including but not limited to <br />controls on the proliferation of trash and debris about the property; the proper <br />and timely removal of graffiti; the timely maintenance, repair and upkeep of <br />damaged, vandalized and/or weathered buildings, structures and/or <br />improvements; the timely maintenance, repair and upkeep of exterior paint, <br />parking striping, lighting and irrigation fixtures, walls and fencing, publicly <br />accessible bathrooms and bathroom fixtures, landscaping and related <br />landscape improvements and the like, as applicable); <br /> <br />(5) If Developer and the owner of the property are different (e.g., if the applicant <br />is a tenant or licensee of the property or any portion thereof), both the <br />applicant and the owner of the property shall be signatories to the maintenance <br />agreement and both shall be jointly and severally liable for compliance with <br />its terms. <br /> <br />(6) The maintenance agreement shall further provide that any party responsible <br />for complying with its terms shall not assign its ownership interest in the <br />property or any interest in any lease, sublease, license or sublicense, unless <br />the prospective assignee agrees in writing to assume all of the duties and <br />obligations and responsibilities set forth under the maintenance agreement. <br /> <br />(7) The maintenance agreement shall contain provisions relating to the <br />enforcement of its conditions by the City and shall also contain provisions <br />authorizing the City to recover costs and expenses which the City may incur <br />arising out of any enforcement and/or remediation efforts which the City may <br />undertake in order to cure any deficiency in maintenance, repair or upkeep or <br />2-203