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<br />9 <br />9138-126780\1517029.2 <br />by City and/or costs of such cure, including a reasonable administrative charge, which amount <br />shall be promptly paid by Developer to City upon demand. Notwithstanding the foregoing, City <br />acknowledges and agrees that the priority of any such lien shall be deemed to be the date such lien <br />is filed, and not the date this Agreement is recorded. <br /> <br />4.6.1 Property Maintenance Agreement. Subject to review and applicability by the <br />Planning and Building Agency (the “PBA”), the CDA, the Public Works Agency (the “PWA”), <br />and the City Attorney to ensure that the Property and all improvements located thereupon are <br />properly maintained, Developer shall execute a maintenance agreement with the City of Santa Ana <br />or Housing Authority, as applicable, prior to occupancy which shall be recorded against the <br />Property and which shall be in a form reasonably satisfactory to the City Attorney. The <br />maintenance agreement shall contain covenants, conditions and restrictions relating to the <br />following: <br /> <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 c onstruction site; <br />implementation of proper erosion control, dust control and noise mitigation measure; <br />adherence to approved project phasing etc.); <br /> <br />(b) Compliance with ongoing operational conditions, requirement and restrictions <br />as applicable, the proper storage and disposal of trash and debris, and/or restrictions on <br />certain uses; <br /> <br />(c) Ongoing compliance with approved design and construction parameters, <br />signage parameters and restrictions as well as landscape designs, as applicable; <br /> <br />(d) Ongoing maintenance, repair and upkeep of the Property and all improvements <br />located thereupon (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 buildings, <br />structures and/or improvements; the timely maintenance, repair and upkeep of exterior <br />paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly <br />accessible bathrooms and bathroom fixtures, landscaping and related landscape <br />improvements and the like, as applicable); <br /> <br />(e) If Developer and the owner of the Property are different (e.g., if the applicant is <br />a tenant or licensee of the Property or any portion thereof), both the applicant and the owner <br />of the Property shall be signatories to the maintenance agreement and both shall be jointly <br />and severally liable for compliance with its terms; <br /> <br />(f) The maintenance agreement shall further provide that any party responsible for <br />complying with its terms shall not assign its ownership interest in the Property or any <br />interest in any lease, sublease, license or sublicense, except as set forth herein or unless the <br />prospective assignee agrees in writing to assume all of the duties and obligations and <br />responsibilities set forth under the maintenance agreement; <br /> <br />EXHIBIT 5