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23. The Applicant shall record, as determined to be necessary, an avigation easement <br />with the City of Santa Ana and the County of Orange in a template and form <br />agreeable to the City of Santa Ana, the County of Orange, and the Applicant, prior <br />to issuance of building permits for above -ground construction. <br />24. The Applicant shall record one or more open space easements against the <br />Property for the benefit of the City concurrent with the recordation of the <br />subdivision maps that implement a given Project Phase or Development phase, as <br />contemplated by the Project Approvals. Such easements shall not be retired until <br />the property is no longer zoned by the Specific Plan, or zoned or used for <br />residential purposes. <br />25. Subject to review and applicability by the Planning and Building Agency, the <br />Community Development Agency, the Public Works Agency, and the City Attorney, <br />to ensure that the property and all improvements located thereupon are properly <br />maintained, Applicant (and the owner of the property upon which the authorized <br />use and/or authorized improvements are located if different from the Applicant) <br />shall execute a Property Maintenance Agreement. The Agreement shall be <br />recorded against the property by the City and shall be in a form reasonably <br />satisfactory to the City Attorney. The executed Agreement must be recorded prior <br />to the issuance of any building permits. The Agreement shall contain covenants, <br />conditions and restrictions relating to the following: <br />a. 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 />b. 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 />C. Ongoing compliance with approved design and construction parameters, <br />signage parameters and restrictions as well as landscape designs, as <br />applicable; <br />d. Ongoing maintenance, repair and upkeep of the property and all <br />improvements located thereupon (including but not limited to controls on the <br />proliferation of trash and debris on or about the property; the proper and <br />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 />Resolution No. 2025-XXX <br />Page 10 of 11 <br />