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(2) 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 platy and/or restrictions on certain <br />uses). <br />l3) Ongoing compliance with approved design and construction parameters, <br />signage parameters and restrictions as well as landscape designs, as <br />applicable. <br />(4) Ongoing maintenance, repair and upkeep of the property and all <br />improvements located thereupon at all times (including but not limited to <br />controls on the proliferation of trash and debris about the property, the proper <br />and timely removal of graffiti; the timely maintenance, repair and upkeep of <br />damaged, vandalized andJor weathered buildings, structures and/or <br />improvements,- the timely maintenance, repair and upkeep of exterior paint, <br />parking striping, lighting and irrigation fixtures, walls and fencing, publicly <br />accessible bathrooms and bathroom fixtures, landscaping and related <br />landscape improvements and the like, as applicable). <br />15) If Developer and the owner of the property are different (e.g., if the applicant <br />as 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 maintenance <br />agreement and both shall be jointly and severally liable for compliance with <br />its terms. <br />(5) the maintenance agreement shall further provide that any party responsible <br />for complying with its terms shall not assign its ownership interest in the <br />property or any interest in any lease, sublease, license or sublicense, unless <br />the prospective assignee agrees in writing to assume all of the duties and <br />obligations and responsibilities set forth under the maintenance agreement. <br />(7) The maintenance agreement shall contain provisions relating to the <br />enforcement of its conditions by the City and shall also contain provisions <br />authorizing the City to recover costs and expenses which the City may incur <br />ari sing out of any enforcement and/or remediation efforts which the City may <br />undertake in order to cure anydeficiency in maintenance, repair or upkeep or <br />to enfirrce any restrictions or conditions upon the use of the property. ']hc <br />maintenance agreement shall further provide that any unreimbursed costs <br />andicir expenses incurred by the City to cure a deficiency in maintenance or <br />to enforce use restrictions shall become a lien upon the property in an amount <br />equivalent to the actual costs and/or expense incurred by the City. <br />tS) The execution and recordation of the maintenance agreement shall be a <br />condition precedent to the issuance of final approval for any construction <br />permit related to this entitlement. <br />I0off2 <br />Ordinance No. NS-2980 <br />Page 21 of 23 <br />