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<br /> Page | 29 <br /> <br />CITY OF SANTA ANA <br /> COMMERCIAL PROPERTY COMPLIANCE ASSISTANCE PROGRAM <br />PROPERTY MAINTENANCE AGREEMENT <br /> <br /> This PROPERTY MAINTENANCE AGREEMENT (“Agreement”) is effective upon <br />the date of completion of improvements (“Effective Date”) described below that have been <br />undertaken in accordance with the City’s Commercial Property Compliance Assistance Program <br />(“Program”). This Agreement is entered into by and between the City of Santa Ana (“City”) and <br />[name of property owner] (“Owner”). <br /> <br />RECITALS <br /> <br />WHEREAS, Owner made an application under the Program with respect to the <br />improvements described herein at the real property located at [site address] in Santa Ana, CA, <br />which is more particularly described in the legal description attached hereto as Attachment “A” <br />and incorporated herein (“Property”); and <br /> <br />WHEREAS, City approved Owner’s Program application on [insert date]; and <br /> <br />WHEREAS, under the Program, Owner has made the following Improvements to the <br />Property for which Owner has received financial assistance from City: [describe improvements <br />here] (“Improvements”); and <br /> <br />WHEREAS, pursuant to the Program’s terms and conditions, Owner is required to enter <br />into this Agreement to ensure the proper compliance with approval conditions, operational <br />restrictions, maintenance, and upkeep of the Improvements. <br /> <br /> The Parties therefore agree as follows: <br /> <br /> Section 1. RECITALS. The Recitals above are true and correct and incorporated into <br />the body of this Agreement by this reference. <br /> <br /> Section 2. 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 plans <br />and city conditions, as applicable. <br /> <br /> Section 3. MAINTENANCE AND REPAIR OF IMPROVEMENTS. <br /> <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 Municipal Code <br />(SAMC) applicable during any period(s) of construction or major repair (e.g., proper <br />screening and securing of the construction site; implementation of proper erosion control, <br />dust control and noise mitigation measure; adherence to approved project phasing etc.).