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