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<br />Resolution No. 2022-29 <br />Page 11 of 12 <br />control and noise mitigation measure; adherence to approved project <br />phasing etc.); <br /> <br />b. Compliance with ongoing operational conditions, requirements and <br />restrictions, as applicable (including but not limited to hours of <br />operation, security requirements, the proper storage and disposal of <br />trash and debris, enforcement of the parking management plan, and/or <br />restrictions on certain uses); <br /> <br />c. Ongoing compliance with approved design and construction <br />parameters, signage parameters and restrictions as well as landscape <br />designs, as applicable; <br /> <br />d. Ongoing maintenance, repair and upkeep of the property and all <br />improvements located thereupon (including but not limited to controls <br />on the proliferation of trash and debris about the property; the proper <br />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 <br />exterior paint, parking striping, lighting and irrigation fixtures, walls and <br />fencing, publicly accessible bathrooms and bathroom fixtures, <br />landscaping and related landscape improvements and the like, as <br />applicable); <br /> <br />e. If Applicant 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), <br />both the Applicant and the owner of the property shall be signatories to <br />the maintenance agreement and both shall be jointly and severally <br />liable for compliance with its terms. <br /> <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 <br />or sublicense, unless the prospective assignee agrees in writing to <br />assume all of the duties and obligations and responsibilities set forth <br />under the maintenance agreement. <br /> <br />g. The maintenance agreement shall contain provisions relating to the <br />enforcement of its conditions by the City and shall also contain <br />provisions authorizing the City to recover costs and expenses which <br />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 <br />maintenance, repair or upkeep or to enforce any restrictions or <br />conditions upon the use of the property. The maintenance agreement <br />shall further provide that any unreimbursed costs and/or expenses <br />incurred by the City to cure a deficiency in maintenance or to enforce <br />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.