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75E - PH 2525 MAIN ST
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75E - PH 2525 MAIN ST
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Last modified
2/1/2019 4:04:49 PM
Creation date
2/1/2019 3:58:07 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75E
Date
2/5/2019
Destruction Year
2024
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phasing etc.); <br />(b) Compliance with ongoing operational conditions, requirements and restrictions, as <br />applicable (including but not limited to hours of operation, security requirements, the proper storage <br />and disposal of trash and debris, enforcement of the Parking Management Plan, enforcement of the <br />Overcrowding Mitigation Implementation Plan, and/or restrictions on certain uses, etc...) <br />(c) Ongoing compliance with approved design and construction parameters, signage <br />parameters and restrictions as well as landscape designs and maintenance, as applicable; <br />(d) Ongoing maintenance, repair and upkeep of the property and all improvements located <br />thereupon at all times (including but not limited to controls on the proliferation of trash and debris <br />about the property; the proper and timely removal of graffiti; the timely maintenance, repair and <br />upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the <br />timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation <br />fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and <br />related landscape improvements and the like, as applicable); <br />(e) If Developer and the owner of the property are different (e.g., if the applicant is a tenant <br />or licensee of the property or any portion thereof), both the applicant and the owner of the property <br />shall be signatories to the 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 responsible for <br />complying with its terns shall not assign its ownership interest in the property or any interest in <br />any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to <br />assume all of the duties and obligations and responsibilities set forth under the maintenance <br />agreement. <br />(g) The maintenance agreement shall contain provisions relating to the enforcement of its <br />conditions by the City and shall also contain provisions authorizing the City to recover costs and <br />expenses which the City may incur arising out of any enforcement and/or remediation efforts which <br />the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to <br />enforce any restrictions or conditions upon the use of the property and a 50% administration fee. <br />The maintenance agreement shall further provide that any unreimbursed costs and/or expenses <br />incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become <br />a lien upon the property in an amount equivalent to the actual costs and expense incurred by the <br />City and a 50% administration fee. <br />(h) The execution and recordation of the maintenance agreement shall be a condition <br />precedent to the issuance of final approval for any construction permit related to this entitlement. <br />LIGHTING <br />31. Site and Building Lighting. The developer shall submit for review by the Planning Division and <br />the Engineering Department, the design and specifications for all proposed lighting fixtures <br />proposed for the buildings, drive aisles, parkways, parking areas, pathways, and surrounding areas <br />within the development. The fixtures shall be reviewed for quality, aesthetics, illumination values, <br />sustainability values such as LED and shall be decoratively and architecturally consistent with the <br />75E-174 <br />
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