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Specific Pevelupment No. 94 l egacySt nflovver the Applicant) shall exccuto a maintenance agreement, with the City of Santa Ana which :shall be recorded against the property and which shall be in a farm reasonably sntisfactary to the City Attorney, The maintenancr., agrectrrent shall contain covenants, conditions and restrictions relating to the. fnlhawiug: (a) Compliance with operational conditions applicable during any perlod(s), of construction or major repair (eg, proper screening and securing of the construction site; Implementation of, proper eroslan control, dust control and. noise mitigation measure, adherence to approved project phasing etc,); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security recputrements, the proper storage and disposal of trash and debris„ enforcement of the parking management plain, and/or restrictions on certain uses,. (c) Ongoing compliance with approved design, and construction parameters, signage parameters and restrictions as wall as landscapa designns, as applicable, (d) Ongoing maintenance, repair and upkeep of the property and all Improveakents located thereupon (including but not limited to controls on the proliferation of trash and debris about the property, the proper and timely removal of graffld,, the tirnely maintenance, repair .and upkeep of damAged, vandalized and/or weathered buildings, strUCtUre 5 and/or Improvements; the timely maintenance, repair and, upkeep of exterior paint parking striping, lighting and irrigAtlon fixtures, walls and fencing, publicly accessible bathrooms and hathrown fixtures, landscaping and related landscape improvements and the ltke„ as applicable); (a) if Developer and the owner of the property are difpdrent (a.g,„ if the Applicant Is a, tenant or licensee of the property or any pvrtion thereof), both 'the Appliearrt and the owner of the property shall be signatories to the maintenance agreetaent and both shall be jointly and severally liable for compliance with Its tertian. (t) The maintenance agrucrua at shall further provide that arty party responsible for complying with Its terms shall not assign its ownership interest in the property or any interest In any lease, sublease, license or sublicense, unless the prospective assignee agrees in Writing; to as5u,tne all of the duties anti obligations and responsibilities set forth, under the maintenance afreemont, (g) The -maintenance agreement shall contain provisions relating to the enforcementof its rnrnditlotts by the Cify and shall also contain, provisions �chlhitA Page 5 Qf`6 Ordinance No. NS-2968 Page 9 of 11