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34. A Property Maintenance Agreement must be recorded against the property <br />prior to issuance of a certificate of occupancy. The agreement will be <br />subject to review and applicability by the Planning and Building Agency, the <br />Community Development Agency, the Public Works Agency, and the City <br />Attorney to ensure that the property and all improvements located <br />thereupon are properly maintained, Developer (and the owner of the <br />property upon which the authorized use and/or authorized improvements <br />are located if different from the Applicant) shall execute a maintenance <br />agreement with the City of Santa Ana which shall be recorded against the <br />property and which shall be in a form reasonably satisfactory to the City <br />Attorney. The maintenance agreement shall contain covenants, conditions <br />and restrictions relating to the following: <br />(a) Compliance with operational conditions applicable during any <br />period(s) of construction or major repair (e.g., proper screening and <br />securing of the construction site; implementation of proper erosion <br />control, dust control and noise mitigation measure; adherence to <br />approved project phasing etc.). <br />(b) Compliance with ongoing operational conditions, requirements <br />and restrictions, as applicable (including but not limited to hours of <br />operation, security requirements, the proper storage and disposal of <br />trash and debris, enforcement of the parking management plan, <br />and/or restrictions on certain uses. <br />(c) Ongoing compliance with approved design and construction <br />parameters, signage parameters and restrictions as well as <br />landscape designs, as applicable. <br />(d) Ongoing maintenance, repair and upkeep of the property and all <br />improvements located thereupon (including but not limited to controls <br />on the proliferation of trash and debris about the property; the proper <br />and timely removal of graffiti; the timely maintenance, repair and <br />upkeep of damaged, vandalized and/or weathered buildings, <br />structures and/or improvements; the timely maintenance, repair and <br />upkeep of exterior paint, parking striping, lighting and irrigation <br />fixtures, walls and fencing, publicly accessible bathrooms and <br />bathroom fixtures, landscaping and related landscape improvements <br />and the like, as applicable). <br />(e) If Developer and the owner of the property are different (e.g., if <br />the Applicant is a tenant or licensee of the property or any portion <br />thereof), both the Applicant and the owner of the property shall be <br />signatories to the maintenance agreement and both shall be jointly <br />and severally liable for compliance with its terms. <br />6/26/2023 <br />Planning Commission 1 — 18 <br />Resolution No. 2023-XXX <br />Page 10 of 11 <br />