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10 of 12 <br /> <br />(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 plan, and/or restrictions on certain <br />uses). <br /> <br />(3) Ongoing compliance with approved design and construction parameters, <br />signage parameters and restrictions as well as landscape designs, as <br />applicable. <br /> <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 <br />proper and timely removal of graffiti; the timely maintenance, repair and <br />upkeep of damaged, vandalized and/or weathered buildings, structures <br />and/or 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 /> <br />(5) If Developer and the owner of the property are different (e.g., if the <br />applicant is a tenant or licensee of the property or any portion thereof), both <br />the 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 /> <br />(6) 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 /> <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 />arising out of any enforcement and/or remediation efforts which the City <br />may undertake in order to cure any deficiency in maintenance, repair or <br />upkeep or to enforce any restrictions or conditions upon the use of the <br />property. The maintenance agreement shall further provide that any <br />unreimbursed costs and/or expenses incurred by the City to cure a <br />deficiency in maintenance or to enforce use restrictions shall become a lien <br />upon the property in an amount equivalent to the actual costs and/or expense <br />incurred by the City. <br /> <br />(8) 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.