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t4. The applicant shalil be required to conduct periodiic reviews of -- <br />operations, to identify opportunities to upgrade or phase out older <br />equipment. <br />4,�5. A Property Maintenance Agreement must be recorded agar nist th% <br />property prior to issuance of a certificate of occupancy. The agireement <br />wilil be subject to review and applicability by the Plainning and Building <br />Agency, the Community Development Agency, the Puiblic Works Agency, <br />and the City Attorney to ensure that the prop�eirty and alil improvements <br />located thereupon are properly maintained, Developer (and the owner of <br />the property upon which the authorized use and/or authorized <br />improvements are located if different from the Applicant) shall execute a <br />maintenance agreement with the City of Santa Ana which shall be <br />recorded against the property and which shall be in a form reasonably <br />satisfactory to the City Attorney. The maintenance agreement shall <br />contain covenants, conditions and restrictions relating to the following: <br />(a) Compliance with operational conditions ap�pliicable during any <br />period(s) of construction or major repair (e.g., proper screening and <br />z,ecuiriinig of the construction site', implementation of proper eirosion <br />control, dust control and noise mitigation measuire; adherence to <br />?,pproved project phasing etc.). <br />(b) Compliance with ongoing operational coniditioinis, requirements, <br />2ndi restrictions, as applicable (including but not Himited to hours of <br />*peration, security requireme�nts,, the proper storage and disposal <br />tf trash and debris, enforcement of the parking management plan, <br />.?.ndi/or restrictions on ceitain uses, <br />(c) Ongoing compliance with approved design and constructli <br />parameters, signage parameters, and restrictions as well <br />landscape designs, as applicable. <br />(d) Ongoing imaiintenanice, repair and upkeep of the property and all <br />improvements located t�heireupon (including but not Ilimited to <br />controls on the piroliferafion of trash and debris about the property,, <br />the proper and timely removal of graffiti, the timely maintenance, <br />repair aind upkeep of damaged, vandalized and/or weathered <br />builidiings, structures and/or improvements; the timely maintenance, <br />repair and uipkeep of exterior paint, pali stripling, lighting and <br />irrigation fixtures, walls and fencing, publicly accessible bathrooms <br />andi bathroom fixtures, laindscapingi and related landscape <br />improvements and the like, as appflcable). <br />(e) If Developer and the owner of the property are different (e.g., if <br />the Applicant is a teinaint or licensee of the property or any portion <br />thereof), both the Applicant and the owner of the property shall be <br />slignatorres to the maintenance agreement and both shall be jointly <br />andi s,everalily liable for compliance with its t�erms. <br />