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EDWARDS LIFESCIENCES
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Last modified
12/20/2023 12:56:18 PM
Creation date
3/8/2022 11:32:25 AM
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Contracts
Company Name
EDWARDS LIFESCIENCES
Contract #
N-2022-055
Agency
Planning & Building
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SECTION 1. RECITALS. The Recitals above are true and correct and incorporated into <br />the body of this Agreement by this reference. <br />SECTION 2. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND <br />CITY CONDITIONS. This Agreement fulfills the requirement set forth in Condition No. 5 of <br />Planning Commission Resolution No(s). 2021-16. Owner accepts and shall fulfill all conditions of <br />approval set forth in Planning Commission Resolution No(s). 2021-16. The Project shall <br />substantially conform with the Development Project Application and the plans contained therein, <br />which are on file with the City Planning and Building Agency. <br />SECTION 3. PROPERTY MAINTENANCE ENFORCEMENT BY THE CITY OF <br />SANTA ANA, <br />A. Ongoing Operational/ Maintenance Conditions. Owner, on behalf of itself, its <br />successors and assigns and any owner of the Property, hereby agrees to maintain and repair the <br />following elements of the Property and the Project: <br />1. The Property shall be maintained in conformance with the standards generally applicable <br />to comparable retail/commercial businesses located within the City. The Development <br />shall comply with operational conditions of the Santa Ana Municipal Code (SAMC) <br />applicable during any period(s) of construction or major repair (e.g., proper screening and <br />securing of the construction site; implementation of proper erosion control, dust control <br />and noise mitigation measure; adherence to approved project phasing etc.). <br />2. The Development shall comply with ongoing operational conditions, requirements and <br />restrictions, as applicable (including but not limited to hours of operation, security <br />requirements, the proper storage and disposal of trash and debris, and/or restrictions on <br />certain uses, including uses determined by the Planning Commission in its Resolution <br />No(s). 2021-16 to be incompatible or inconsistent with any authorized uses; compliance <br />with applicable State and/or federal statutes and regulations, including but not limited to <br />compliance with statutes and regulations regarding the appropriate operating guidelines for <br />certain equipment (e.g., emissions standards, radio frequency emissions standards etc.). <br />3. All onsite activities shall comply with the City of Santa Ana Noise Ordinance at all times. <br />4. The Property shall be in ongoing compliance with the approved design and construction <br />parameters, signage parameters and restrictions as well as landscape designs, as applicable. <br />5. Ongoing maintenance, repair and upkeep of the Property and all improvements located <br />thereupon shall be provided by the Owner (including but not limited to controls on the <br />proliferation of trash and debris about the Property; the proper and timely removal of <br />graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or <br />weathered buildings, structures and/or improvements; the timely maintenance, repair and <br />upkeep of exterior paint, parking striping, pedestrian pathways/open space areas, lighting <br />and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom <br />fixtures, landscaping and related landscape improvements and the like, as applicable). <br />6. If the applicant and the owner of the property are different (e.g., if the applicant is a tenant <br />or licensee of the property or any portion thereof), both the applicant and the owner of the <br />property shall be signatories to the maintenance agreement and both shall be jointly and <br />severally liable for compliance with its terms. If the applicant is a sub -lessee or sub - <br />licensee any portion of the property or any equipment located upon the property (e.g., as <br />F) <br />
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