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34. A Property Maintenance Agreement must be recorded against the <br />property prior to issuance of a certificate of occupancy. The agreement <br />will be subject to review and applicability by the Planning and Building <br />Agency, the Community Development Agency, the Public Works Agency, <br />and the City Attorney to ensure that the property and all improvements <br />located thereupon are properly maintained, Developer (and the owner of <br />the property upon which the authorized use and/or authorized <br />improvements are located if different from the Applicant) shall execute a <br />maintenance agreement with the City of Santa Ana which shall be <br />recorded against the property and which shall be in a form reasonably <br />satisfactory to the City Attorney. The maintenance agreement shall <br />contain covenants, conditions 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 <br />of 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 <br />controls on the proliferation of trash and debris about the property; <br />the proper and timely removal of graffiti; the timely maintenance, <br />repair and upkeep of damaged, vandalized and/or weathered <br />buildings, structures and/or improvements; the timely maintenance, <br />repair and upkeep of exterior paint, parking striping, lighting and <br />irrigation fixtures, walls and fencing, publicly accessible bathrooms <br />and bathroom fixtures, landscaping and related landscape <br />improvements 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 />(f) The maintenance agreement shall further provide that any party <br />responsible for complying with its terms shall not assign its <br />ownership interest in the property or any interest in any lease, <br />Resolution No. 2023-XXX <br />Page 11 of 12 <br />6/26/2023 <br />Planning Commission 1 — 30 <br />