MARY C. AXELSON TRUST (2) - Laserfiche WebLink

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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE CITY AND OWNER AGREE AS FOLLOWS; SECTION 1, RECITALS. The Recitals above are true and correct and incorporated into the body of this Agreement by this reference, SECTION 2. COMPLIANCE WITH IMPOSED SETTLEMENT CONDITIONS. This Agreement fulfills the requirement set forth in Section 2 of Settlement N-2021-110.Owner accepts and shall fulfill all conditions set forth in the Settlement. The Property shall be maintained and in all ways conform with the requirements contained in the Settlement, as well as all additional conditions and requirements in the Agreement. SECTION 3, PROPERTY MAINTENANCE ENFORCEMENT BY THE -CITY OF SANTA ANA. A. Ongoing Operational/Maintenance Conditions Owner, on behalf of itself, its successors and assigns and any subsequent owner of the Property, hereby agrees to maintain and repair the following elements of the Property: The Property shall be maintained in conformance with the standards generally applicable to comparable retail/commercial businesses located within the City. The Property shall comply with operational conditions of the Santa Ana Municipal Code (SAMC) applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). 2. The Property shall comply with ongoing operational conditions, requirements and restrictions, as applicable including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, and/or restrictions on certain uses; compliance with applicable State and/or federal statutes and regulations. 3. All onsite activities shall comply with the City of Santa Ana Noise Ordinance at all times. 4. The Property shall be in ongoing compliance with the approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. S. Ongoing maintenance, repair and upkeep of the Property and all improvements located thereupon shall be provided by the Owner (including but not limited to controls on the proliferation of trash and debris about the Property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, patting striping, pedestrian pathways/open space areas, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). b. This Agreement shall further provide that any 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 assume all of the duties and obligations and responsibilities set forth under the Maintenance