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<br />Resolution No. 2025-XXX <br />Page 7 of 8 <br /> <br /> <br /> <br />8. Subject to review and applicability by the Planning and Building Agency, the Community <br />Development Agency, the Public Works Agency, and the City Attorney, to ensure that the property and <br />all improvements located thereupon are properly maintained, Applicant (and the owner of the property <br />upon which the authorized use and/or authorized improvements are located if different from the <br />Applicant) shall execute a Property Maintenance Agreement with the City of Santa Ana. The agreement <br />shall be recorded against the property by the City and shall be in a form reasonably satisfactory to the <br />City Attorney. The executed agreement must be submitted to the Planning Division by the Applicant <br />within 90 days of the approval of this Resolution. The agreement shall contain covenants, conditions <br />and restrictions relating to the following: <br /> <br />a. Compliance with operational conditions applicable during any period(s) of construction <br />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 /> <br />b. Compliance with ongoing operational conditions, requirements and restrictions, as <br />applicable (including, but not limited to, hours of operation, security requirements, the <br />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 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 <br />exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, <br />publicly accessible bathrooms and bathroom fixtures, landscaping and related <br />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 tenant <br />or licensee of the property or any portion thereof), both the Applicant and the owner <br />of the property shall be signatories to the maintenance agreement and both shall be <br />jointly and severally liable for compliance with its terms. <br /> <br />f. The agreement shall further provide that any party responsible for complying with its <br />terms shall not assign its ownership interest in the property or any interest in any lease, <br />sublease, license or sublicense, unless the prospective assignee agrees in writing to <br />assume all of the duties and obligations and responsibilities set forth under the <br />agreement. <br /> <br />g. The agreement shall contain provisions relating to the enforcement of its conditions <br />by the City and shall also contain provisions authorizing the City to recover costs and <br />expenses which the City may incur arising out of any enforcement and/or remediation <br />efforts which the City may undertake in order to cure any deficiency in maintenance, <br />repair or upkeep or to enforce any restrictions or conditions upon the use of the <br />property. The agreement shall further provide that any unreimbursed costs and/or <br />