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Section 7. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND <br />CITY CONDITIONS. This Agreement fulfills the requirements set forth in the Program <br />application. The Improvements shall substantially conform with all approved development <br />plans and city conditions, as applicable. <br />Section 8. MAINTENANCE AND REPAIR OF IMPROVEMENTS <br />A. Ongoing Operational/ Maintenance Conditions In exchange for participation in the <br />Program, Owner hereby agrees to maintain and repair the Improvements as follows: <br />1. The Improvements shall be maintained in conformance with the standards generally <br />applicable to comparable retail/commercial businesses located within the City. The <br />Improvements shall comply with operational conditions of the Santa Ana <br />Municipal Code (SAMC) applicable during any period(s) of construction or major <br />repair (e.g, proper screening and securing of the construction site; implementation <br />of proper erosion control, dust control and noise mitigation measure; adherence to <br />approved project phasing etc.). <br />2. The Improvements shall be in ongoing compliance with the approved design and <br />construction parameters, signage parameters, and restrictions, as well as landscape <br />designs, as applicable. <br />3. Ongoing maintenance, repair and upkeep of the Improvements shall be provided by <br />the Owner (including but not limited to controls on the proliferation of trash and <br />debris about the Property; the proper and timely removal of graffiti; the timely <br />maintenance, repair and upkeep of damaged, vandalized and/or weathered <br />buildings, structures and/or improvements; the timely maintenance, repair and <br />upkeep of exterior paint, parking striping, pedestrian pathways/open space areas, <br />lighting and irrigation fixtures, walls and fencing, landscaping and related <br />landscape improvements, and the like, as applicable). <br />B. City Right to Conduct Maintenance and Repairs. Owner hereby confers upon the City <br />the right but not the obligation to conduct maintenance and repairs on the hnprovements as <br />required in this Section 8. Such powers are conferred by Owner on the City for the benefit of the <br />City to provide for the health, safety and welfare of all persons who use the Improvements or any <br />portion thereof and other persons who reside in the vicinity of the Improvements and the entire <br />City. <br />C. City Right to Enforce. The right and power of the City to enforce the maintenance <br />obligations of Owner herein shall not be deemed to arise by virtue of this Section 8 alone. Any <br />provision of this Agreement to the contrary notwithstanding, the City may, by public nuisance <br />abatement proceeding, and/or by the initiation of an action at law or in equity, notwithstanding this <br />Section 8, enforce the law as relates to the abatement or elimination of a public nuisance regarding <br />the Improvements or enforce any provision or conditions of approval of a building or development <br />permit issued for the Improvements by the City. It shall be presumed that the City is proceeding <br />