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EXHIBIT 4 <br /> owner of the property upon which the authorized use and/or authorized <br /> improvements are located if different from the Applicant) shall execute a <br /> maintenance agreement with the City of Santa Ana which shall be recorded <br /> against the property and which shall be in a form reasonably satisfactory to the <br /> City Attorney. The maintenance agreement shall contain covenants, conditions <br /> and restrictions relating to the following: <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 <br /> and noise mitigation measure; adherence to approved project phasing <br /> etc.); <br /> b. Compliance with ongoing operational conditions, requirements and <br /> restrictions, as applicable (including but not limited to hours of operation, <br /> security requirements, the proper storage and disposal of trash and debris, <br /> enforcement of the parking management plan, and/or restrictions on <br /> certain uses); <br /> c. Ongoing compliance with approved design and construction parameters, <br /> signage parameters and restrictions as well as landscape designs, as <br /> applicable; <br /> d. Ongoing maintenance, repair and upkeep of the property and all <br /> improvements located thereupon (including but not limited to controls on <br /> the proliferation of trash and debris about the property; the proper and <br /> timely removal of graffiti; the timely maintenance, repair and upkeep of <br /> damaged, vandalized and/or weathered buildings, structures and/or <br /> improvements; the timely maintenance, repair and upkeep of exterior <br /> paint, parking striping, lighting and irrigation fixtures, walls and fencing, <br /> publicly accessible bathrooms and bathroom fixtures, landscaping and <br /> related landscape improvements and the like, as applicable); <br /> e. If Applicant and the owner of the property are different (e.g., if the Applicant <br /> is a tenant or licensee of the property or any portion thereof), both the <br /> Applicant and the owner of the property shall be signatories to the <br /> maintenance agreement and both shall be jointly and severally liable for <br /> compliance with its terms; <br /> f. The maintenance agreement shall further provide that any party <br /> responsible for complying with its terms shall not assign its ownership <br /> interest in the property or any interest in any lease, sublease, license or <br /> sublicense, unless the prospective assignee agrees in writing to assume <br /> City Council 12 —221 7/16/2024 <br />