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(b) Compliance with ongoing operational conditions, requirements and restrictions, <br />as applicable (including but not limited to hours of operation, security requirements, <br />the proper storage and disposal of trash and debris, enforcement of the parking <br />management plan, and/or restrictions on certain uses, <br />(c) Ongoing compliance with approved design and construction parameters, <br />signage parameters and restrictions as well as landscape designs, as applicable; <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 trash <br />and debris about the property; the proper and timely removal of graffiti; the timely <br />maintenance, repair and upkeep of damaged, vandalized and/or weathered <br />buildings, structures and/or improvements; the timely maintenance, repair and <br />upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and <br />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 <br />a tenant or licensee of the property or any portion thereof), both the Applicant and <br />the owner of the property shall be signatories to the maintenance agreement and <br />both shall be jointly and severally liable for compliance with its terms. <br />(f) The maintenance agreement shall further provide that any party responsible for <br />complying with its terms shall not assign its ownership interest in the property or <br />any interest in any lease, sublease, license or sublicense, unless the prospective <br />assignee agrees in writing to assume all of the duties, obligations and <br />responsibilities set forth under the maintenance agreement. <br />(g) 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 arising <br />out of any enforcement and/or remediation efforts which the City may undertake in <br />order to cure any deficiency in maintenance, repair or upkeep or to enforce any <br />restrictions or conditions upon the use of the property. The maintenance <br />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 <br />restrictions shall become a lien upon the property in an amount equivalent to the <br />actual costs and/or expense incurred by the City. <br />(h) The execution and recordation of the maintenance agreement shall be a <br />condition precedent to the issuance of final approval for any construction permit <br />related to this entitlement. <br />Resolution No. 2019-04 <br />Page 7 of 7 <br />