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<br />which the authorized use and/or authorized improvements are located if different from the <br />Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall <br />be recorded against the property and which shall be in a form reasonably satisfactory to <br />the City Attorney. <br />The maintenance agreement shall contain covenants, conditions and restrictions relating <br />to the following: <br /> <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 <br />construction site; implementation of proper erosion control, dust control and noise <br />mitigation measure; adherence to approved project phasing etc.); <br /> <br />b. Compliance with ongoing operational conditions, requirements and restrictions, as <br />applicable (including, but not limited to, hours of operation, security requirements, <br />the proper storage and disposal of trash and debris, enforcement of the parking <br />management plan, and/or restrictions on certain uses); <br /> <br />c. Ongoing compliance with approved design and construction parameters, signage <br />parameters and restrictions as well as landscape designs, as applicable; <br /> <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 <br />and debris on or about the property; the proper and timely removal of graffiti; the <br />timely maintenance, repair and upkeep of damaged, vandalized and/or weathered <br />buildings, structures and/or improvements; the timely maintenance, repair and <br />upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and <br />fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and <br />related landscape improvements and the like, as applicable); <br /> <br />e. If 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 <br />the owner of the property shall be signatories to the maintenance agreement and <br />both shall be jointly and severally liable for compliance with its terms; <br /> <br />f. The maintenance agreement shall further provide that any party responsible for <br />complying with its terms shall not assign its ownership interest in the property or <br />any interest in any lease, sublease, license or sublicense, unless the prospective <br />assignee agrees in writing to assume all of the duties, obligations and <br />responsibilities set forth under the maintenance agreement; and <br /> <br />g. The maintenance agreement shall contain provisions relating to the enforcement <br />of its conditions by the City and shall also contain provisions authorizing the City <br />to recover costs and expenses which the City may incur arising out of any <br />enforcement and/or remediation efforts which the City may undertake in order to <br />cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions <br />or conditions upon the use of the property. The maintenance agreement shall <br />further provide that any unreimbursed costs and/or expenses incurred by the City <br />to cure a deficiency in maintenance or to enforce use restrictions shall become a <br />lien upon the property in an amount equivalent to the actual costs and/or expense <br />incurred by the City. <br />