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Conditions of Approval <br />June 27, 2022 <br />Project's CC&R's with the City of Santa Ana which shall be recorded against <br />the property and which shall be in a form reasonably satisfactory to the City <br />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) <br />of construction or major repair (e.g., proper screening and securing of <br />the construction site; implementation of proper erosion control, dust <br />control and noise mitigation measure; adherence to approved project <br />phasing etc.); <br />b. Compliance with ongoing operational conditions, requirements and <br />restrictions, as applicable (including but not limited to hours of <br />operation, security requirements, the proper storage and disposal of <br />trash and debris, enforcement of the parking management plan, and/or <br />restrictions on certain uses); <br />c. Ongoing compliance with approved design and construction <br />parameters, signage parameters and restrictions as well as landscape <br />designs, as applicable; <br />d. Ongoing maintenance, repair and upkeep of the property and all <br />improvements located thereupon (including but not limited to controls <br />on the proliferation of trash and debris about the property; the proper <br />and timely removal of graffiti; the timely maintenance, repair and <br />upkeep of damaged, vandalized and/or weathered buildings, structures <br />and/or improvements; the timely maintenance, repair and upkeep of <br />exterior paint, parking striping, lighting and irrigation fixtures, walls and <br />fencing, publicly accessible bathrooms and bathroom fixtures, <br />landscaping and related landscape improvements and the like, as <br />applicable); <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 <br />the maintenance agreement and both shall be jointly and severally <br />liable for 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 <br />or sublicense, unless the prospective assignee agrees in writing to <br />assume all of the duties and obligations and responsibilities set forth <br />under the maintenance agreement. <br />Resolution No. 2022-24 <br />Page 8 of 9 <br />