Laserfiche WebLink
SECTION 1. RECITALS. The Recitals above are two and correct and incorporated into <br /> the body of this Agreement by this reference. <br /> SECTION 2. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND <br /> CITY CONDITIONS. This Agreement fulfills the requirement set forth in Section 4, Condition <br /> No. 15 on Exhibit "A" of Planning Commission Resolution No(s) 2024-08. Owner accepts and <br /> shall fulfill all conditions of approval set forth in Planning Commission Resolution No(s). 2024- <br /> 08. The Project shall substantially conform with the Development Project Application and the <br /> plans contained therein, which are on file with the City Planning and Building Agency. <br /> SECTION 3. PROPERTY MAINTENANCE ENFORCEMENT BY THE CITY OF <br /> SANTA ANA. <br /> A. Ongoing Operational/ Maintenance Conditions. Owner, on behalf of itself, its <br /> successors and assigns and any owner of the Property, hereby agrees to maintain and repair the <br /> following elements of the Property and the Project: <br /> 1. The Property shall be maintained in conformance with the standards generally applicable <br /> to comparable retail/commercial businesses located within the City. The Development <br /> shall comply with operational conditions of the Santa Ana Municipal Code (SAMC) <br /> applicable during any period(s) of construction or major repair(e.g., proper screening and <br /> securing of the construction site; implementation of proper erosion control, dust control <br /> and noise mitigation measure; adherence to approved project phasing etc). <br /> 2. The Development shall comply with ongoing operational conditions, requirements and <br /> restrictions, as applicable (including but not limited to hours of operation, security <br /> requirements, the proper storage and disposal of trash and debris, and/or restrictions on <br /> certain uses, including uses determined by the Planning Commission in its Resolution <br /> No(s). 2024-08 to be incompatible or inconsistent with any authorized uses; compliance <br /> with applicable State and/or federal statutes and regulations, including but not limited to <br /> compliance with statutes and regulations regarding the appropriate operating guidelines <br /> for certain equipment (e.g., emissions standards, radio frequency emissions standards <br /> etc.). <br /> 3. All onsite activities shall comply with the City of Santa Ana Noise Ordinance at all times. <br /> 4. The Property shall be in ongoing compliance with the approved design and construction <br /> parameters, signage parameters and restrictions as well as landscape designs, as <br /> applicable. <br /> 5. Ongoing maintenance, repair and upkeep of the Property and all improvements located <br /> thereupon shall be provided by the Owner (including but not limited to controls on the <br /> proliferation of trash and debris about the Property; the proper and timely removal of <br /> graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or <br /> weathered buildings, structures and/or improvements; the timely maintenance, repair and <br /> upkeep of exterior paint, parking striping, pedestrian pathways/open space areas, lighting <br /> and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom <br /> fixtures, landscaping and related landscape improvements and the like, as applicable). <br /> 6. If the applicant and the owner of the property are different (e.g., if the applicant is a <br /> tenant or licensee of the property or any portion thereof), both the applicant and the <br /> owner of the property shall be signatories to the maintenance agreement and both shall be <br /> 2 <br />