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KRB INVESTMENTS MANAGEMENT LLC
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Last modified
3/26/2024 9:33:39 AM
Creation date
5/3/2022 11:41:10 AM
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Contracts
Company Name
KRB INVESTMENTS MANAGEMENT LLC
Contract #
N-2022-107
Agency
Planning & Building
Notes
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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). 2022-03 and 2022-04. Owner accepts and shall fulfill all <br />conditions of approval set forth in Planning Commission Resolution No(s). 2022-03 and 2022-04. <br />The Project shall substantially conform with the Development Project Application and the plans <br />contained therein, 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). 2022-03 and 2022-04 to be incompatible or inconsistent with any authorized uses; <br />compliance with applicable State and/or federal statutes and regulations, including but not <br />limited to compliance with statutes and regulations regarding the appropriate operating <br />guidelines for certain equipment (e.g., emissions standards, radio frequency emissions <br />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 />2 <br />
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