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Resolution No. 2019-xx <br />Page 6 of 7 <br />the Community Development Agency, the Public Works Agency, and the City <br />Attorney to ensure that the property and all improvements located thereupon are <br />properly maintained, Developer (and the owner of the property upon which the <br />authorized use and/or authorized improvements are located if different from the <br />Applicant) shall execute a maintenance agreement with the City of Santa Ana <br />which shall be recorded against the property and which shall be in a form <br />reasonably satisfactory to the City Attorney. The maintenance agreement shall <br />contain covenants, conditions and restrictions relating to the following: <br /> <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 <br />and noise mitigation measure; adherence to approved project phasing <br />etc.); <br /> <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 <br />debris, enforcement of the parking management plan, and/or restrictions <br />on certain uses; <br /> <br />c) Ongoing compliance with approved design and construction parameters, <br />signage parameters and restrictions as well as landscape designs, as <br />applicable; <br /> <br />d) Ongoing maintenance, repair and upkeep of the property and all <br />improvements located thereupon (including but not limited to controls on <br />the proliferation of trash and debris 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 <br />paint, parking striping, lighting and irrigation fixtures, walls and fencing, <br />publicly accessible bathrooms and bathroom fixtures, landscaping and <br />related landscape improvements and the like, as applicable); <br /> <br />e) If Applicant and the owner of the property are different (e.g., if the <br />Applicant is a tenant or licensee of the property or any portion thereof), <br />both the Applicant and the owner of the property shall be signatories to the <br />maintenance agreement and both shall be jointly and severally liable for <br />compliance with its terms; <br /> <br />f) The maintenance agreement shall further provide that any party <br />responsible for complying with its terms shall not assign its ownership <br />interest in the property or any interest in any lease, sublease, license or <br />sublicense, unless the prospective assignee agrees in writing to assume <br />2-12