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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 aboveground 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. 2025-042 <br /> Page 10 of 20 <br />