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jmf 1/27/21 <br />Resolution No. 2021-02 <br />Page 7 of 8 <br />review and applicability by the Planning and Building Agency, the Commun ity <br />Development Agency, the Public Works Agency, and the City Attorney to ensure that <br />the property and all improvements located thereupon are properly maintained, <br />Developer/Applicant (and the owner of the property upon which the authorized use <br />and/or authorized improvements are located if different from the Applicant) shall <br />execute a Maintenance Agreement with the City of Santa Ana which shall be <br />recorded against the property and which shall be in a form reasonably satisfactory to <br />the City Attorney. The Maintenance Agreement shall contain covenants, conditions <br />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 <br />and noise mitigation; adherence to approved project phasing etc.), if <br />applicable; <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) if applicable; <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 <br />the proliferation of trash and debris about and immediately adjacent to the <br />property; the proper and timely removal of graffiti; the timely maintenance , <br />repair and upkeep of damaged, vandalized and/or weathered buildings, <br />structures and/or improvements; the timely mainten ance, repair and <br />upkeep of exterior paint, parking striping, lighting and irrigation fixtures, <br />walls and fencing, publicly accessible bathrooms and bathroom fixtures, <br />landscaping and related landscape improvemen ts and the like, as <br />applicable; <br />e.If Developer/Applicant and the owner of the property are different (e.g., if <br />the 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 />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