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<br /> Resolution No. 2025-03 <br />Page 9 of 10 <br />Building Agency, the Community Development Agency, the Public Works Agency, and <br />the City Attorney to ensure that the property and all improvements located thereupon <br />are properly maintained, and which shall be in a form reasonably satisfactory to the <br />City Attorney. The Property Maintenance Agreement shall contain covenants, <br />conditions and restrictions relating to the following: <br /> <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 and <br />noise mitigation measure; adherence to approved project phasing etc.); <br /> <br />b) Compliance with ongoing operational conditions, requirements and restrictions, <br />as applicable (including, but not limited to, hours of operation, security <br />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 />c) Ongoing compliance with approved design and construction parameters, <br />signage parameters and restrictions as well as landscape designs, as <br />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 <br />trash and debris on or about the property; the proper and timely removal of <br />graffiti; the timely maintenance, repair and upkeep of damaged, vandalized <br />and/or weathered buildings, structures and/or improvements; the timely <br />maintenance, repair and upkeep of exterior paint, parking striping, lighting and <br />irrigation fixtures, walls and fencing, publicly accessible bathrooms and <br />bathroom fixtures, landscaping and related landscape improvements and the <br />like, as applicable); <br /> <br />e) If Applicant and the owner of the property are different (e.g., if the Applicant is <br />a tenant or licensee of the property or any portion thereof), both the Applicant <br />and the owner of the property shall be signatories to the Property Maintenance <br />Agreement and both shall be jointly and severally liable for compliance with its <br />terms; <br /> <br />f) The Property Maintenance Agreement shall further provide that any party <br />responsible for complying with its terms shall not assign its ownership interest <br />in the property or any interest in any lease, sublease, license or sublicense, <br />unless the prospective assignee agrees in writing to assume all of the duties, <br />obligations and responsibilities set forth under the maintenance agreement; <br /> <br />g) The Property 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 may <br />undertake in order to cure any deficiency in maintenance, repair or upkeep or <br />to enforce any restrictions or conditions upon the use of the property. The