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reasonably satisfactory to the City Attorney. The maintenance agreement shall <br />contain covenants, conditions and restrictions relating to the 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 <br />construction site; implementation of proper erosion control, dust control and <br />noise mitigation measure; adherence to approved project phasing etc.); <br />(b) Compliance with ongoing operational conditions, requirements and <br />restrictions, as applicable (including but not limited to hours of operation, security <br />requirements, the proper storage and disposal of trash and debris, enforcement <br />of the parking 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 <br />improvements located thereupon (including but not limited to controls on the <br />proliferation of trash and debris about the property; the proper and timely removal <br />of 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 bathroom <br />fixtures, landscaping and related landscape improvements and the like, as <br />applicable); <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 maintenance agreement <br />and both shall be jointly and severally liable for compliance with its terms. <br />(f) The maintenance agreement shall further provide that any party responsible <br />for complying with its terms shall not assign its ownership interest in the property <br />or any interest in any lease, sublease, license or sublicense, unless the <br />prospective assignee agrees in writing to assume all of the duties, obligations <br />and 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 <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 to <br />enforce any restrictions or conditions upon the use of the property. The <br />maintenance agreement shall further provide that any unreimbursed costs and/or <br />expenses 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 equivalent to <br />the actual costs and/or expense incurred by the City. <br />Resolution No. 2019-14 <br />Page 7 of 7 <br />