RAR2-651 SUNFLOWER OWNER, LLC - 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 APPROVED DEVELOPMENT PLANS AND CITY CONDITIONS. This Agreement fulfills the requirement set forth in Section 9(i) of the Specific Development Plan No. 94 for the Project. Owner accepts and shall fulfill all conditions of approval set forth in City Council Resolution No. 2019-048 and City Council Ordinance NS- 2968. The Project shall substantially conform with the Development Project Application and the plans contained therein, which are on file with the City Planning and Building Agency. 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 owner of the Property, hereby agrees to maintain and repair the following elements of the Property and the Project: 1. The Property shall be maintained in conformance with the standards generally applicable to comparable multi -family residential developments located within the City. The Project 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 Project shall comply with (a) ongoing operational conditions, requirements, and restrictions, as applicable, imposed by the City Council, as listed in City Council Resolution No. 2019-048 and Ordinance NS-2968, respective to the project's entitlements and (b) applicable state and/or federal statutes and regulations regarding the appropriate operating guidelines for certain equipment (e.g., emissions standards, radio frequency emissions standards, etc.). 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. 5. 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, parking 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).