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Prior to issuance of a building permit for above -ground construction, the applicant <br />shall coordinate with the adjacent property owner(s) at 1800 and 1820 East Garry <br />Avenue to modify or remove any easements as necessary to facilitate construction <br />of the proposed development. Proof of modification or removal of required <br />easements shall be provided to the City prior to issuance of any building permit for <br />above -ground construction. <br />10. Prior to issuance of a certificate of occupancy, the applicant shall install two height - <br />restriction bars at the eastern driveway and at the southeast portion of the onsite <br />parking lot to restrict truck traffic from the eastern portion of the site. The height - <br />restriction bars shall be designed to allow passage of passenger vehicles but to <br />prohibit large truck traffic from circulating on the eastern portion of the project site, <br />as per Exhibit 5 of the October 10, 2022 Planning Commission and City Council <br />staff reports. <br />11. The applicant and any subsequent association or management is responsible for <br />installing and routinely maintaining high efficiency Minimum Efficiency Reporting <br />Value (MERV) filters of MERV 13 or better as indicated by the American Society <br />of Heating Refrigerating and Air Conditioning Engineers (ASHRAE) Standard 52.2, <br />in the intake of ventilation systems. Verification of installation shall be provided <br />prior to project occupancy. <br />12. Prior to issuance of a building permit, a Property Maintenance Agreement shall be <br />recorded against the property. The agreement will be subject to review and <br />applicability by the Planning and Building Agency, the Community Development <br />Agency, the Public Works Agency, and the City Attorney to ensure that the <br />property and all improvements located thereupon are properly maintained, <br />Applicant (and the owner of the property upon which the authorized use and/or <br />authorized improvements are located if different from the Applicant) shall execute <br />a maintenance agreement with the City of Santa Ana which shall be recorded <br />against the property and which shall be in a form reasonably satisfactory to the <br />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 and <br />noise mitigation measure; adherence to approved project phasing etc.); <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 debris, <br />enforcement of the parking management plan, and/or restrictions on certain <br />uses); <br />Resolution No. 2022-107 <br />Page 10 of 11 <br />