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EXHIBIT 1 <br />maintenance agreement shall contain covenants, conditions and restrictions relating to the <br />following: <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 construction site; <br />implementation of proper erosion control, dust control and noise mitigation measure; <br />adherence to approved project phasing etc.); <br />(b) Compliance with ongoing operational conditions, requirement and restrictions <br />as applicable, the proper storage and disposal of trash and debris, and/or restrictions on <br />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 and <br />debris about the property; the proper and timely removal of graffiti; the timely <br />maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, <br />structures and/or improvements; the timely maintenance, repair and upkeep of exterior <br />paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly <br />accessible bathrooms and bathroom fixtures, landscaping and related landscape <br />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 the owner <br />of the property shall be signatories to the maintenance agreement and both shall be jointly <br />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 any <br />interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees <br />in writing to assume all of the duties and obligations and responsibilities set forth under <br />the maintenance agreement; <br />(g) The maintenance agreement shall contain provisions relating to the enforcement <br />of its conditions by the City and shall also contain provisions authorizing the City to <br />recover costs and expenses which the City may incur arising out of any enforcement and/or <br />remediation efforts which the City may undertake in order to cure any deficiency in <br />maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of <br />the property. The maintenance agreement shall further provide that any unreimbursed costs <br />and/or expenses 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 actual <br />costs and/or expense incurred by the City; and, <br />10 <br />