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Resolution No. 2020-xx <br />Page 6 of 7 <br />9. Prior to issuance of CUP No. 2019-42, a Property Maintenance Agreement shall <br />be recorded against the property. The agreement will be subject to review and <br />applicability by the Planning and Building Agency, the Community Development <br />Agency, the Public Works Agency, and the City Attorney to ensure that the <br />property and all improvements located thereupon are properly maintained, <br />Developer (and the owner of the property upon which the authorized use and/or <br />authorized improvements are located if different from the Applicant) shall execute <br />a maintenance agreement with the City of Santa Ana which shall be recorded <br />against the property and which shall be in a form reasonably satisf actory to the <br />City Attorney. The maintenance agreement shall contain covenants, conditions <br />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 severa lly 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 />3 - 12