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Developer shall, prior to the first close of escrow for sale of any Unit, form a homeowners
<br />association that will, at all times during the term of this Agreement, cause the Project to be
<br />maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair, to the extent
<br />commercially reasonable. City, and any of its employees, agents, contractors or designees shall
<br />have the right to enter upon the Property at reasonable times following not less than -forty-eight
<br />(48) hours' prior written notice and in a reasonable manner to inspect the Project. if at any time
<br />the Project or the Property is not maintained in accordance with this Agreement and such condition
<br />is not corrected within seven (7) days after written notice from City with respect to debris and
<br />waste material, or within thirty (30) days after written notice from City with respect to general
<br />maintenance, landscaping and building improvements, unless corrections are initiated and City has
<br />agreed to a reasonable amount of time to complete corrections, then City, in addition to whatever
<br />remedy it may have at law or at equity, shall have the right to enter upon the applicable portion of
<br />the Project or the Property and perform all acts and work necessary to protect, maintain, and
<br />preserve the Project and the Property, and to attach a lien upon the Property, or to assess the
<br />Property, in the amount of the expenditures arising from such acts and work of protection,
<br />maintenance, and preservation by City and/or costs of such cure, including a reasonable
<br />administrative charge, which amount shall be promptly paid to City upon demand.
<br />Notwithstanding the foregoing, City acknowledges and agrees that the priority of any such lien
<br />shall be deemed to be the date such lien is filed, and not the date this Agreement is recorded.
<br />4.6.1 Property Maintenance Agreement. Subject to review and applicability by
<br />the Planning and Building Agency (the "PBA"), the CDA, the Public Works Agency (the "P WA"),
<br />and the City Attorney to ensure that the Property and all common area improvements located
<br />thereupon are properly maintained, Developer shall execute a maintenance agreement with the
<br />City of Santa Ana, prior to occupancy which shall be recorded against the Property and which shall
<br />be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain
<br />covenants, conditions and restrictions relating to the following:
<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 construction site;
<br />implementation of proper erosion control, dust control and noise mitigation measure;
<br />adherence to approved project phasing etc.);
<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 />(c) Ongoing compliance with approved design and construction parameters,
<br />signage parameters and restrictions as well as landscape designs, as applicable;
<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
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