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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND <br /> COVENANTS CONTAINED HEREIN, THE CITY AND OWNEER AGREE AS FOLLOWS: <br /> SECTION 1. RECITALS. The Recitals above are true 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 Condition No. 11 of <br /> Zoning Administrator Resolution No(s). 2024-02. Owner accepts and shall fulfill all conditions <br /> of approval set forth in Zoning Administrator Resolution No(s). 2024-02. The Project shall <br /> substantially conform with the Development Project Application and the plans contained therein, <br /> 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 /> I. 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 Zoning Administrator in its Resolution <br /> No(s). 2024-02 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 /> 2 <br />