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<br /> <br /> <br />Resolution No. 2019-xx <br />Page 7 of 7 <br /> <br />and noise mitigation measure; adherence to approved project phasing <br />etc.); <br /> <br />(b) Compliance with ongoing operational conditions, requirements and <br />restrictions, as applicable (including but not limited to hours of operation, <br />security requirements, the proper storage and disposal of trash and <br />debris, enforcement of the parking management plan, and/or restrictions <br />on certain uses, <br /> <br />(c) Ongoing compliance with approved design and construction <br />parameters, signage parameters and restrictions as well as landscape <br />designs, as applicable; <br /> <br />(d) Ongoing maintenance, repair and upkeep of the property and all <br />improvements located thereupon (including but not limited to controls on <br />the proliferation of trash and debris about the property; the proper and <br />timely removal of graffiti; the timely maintenance, repair and upkeep of <br />damaged, vandalized and/or weathered buildings, structures and/or <br />improvements; the timely maintenance, repair and upkeep of exterior <br />paint, parking striping, lighting and irrigation fixtures, walls and fencing, <br />publicly accessible bathrooms and bathroom fixtures, landscaping and <br />related landscape improvements and the like, as applicable); <br /> <br />(e) If Developer and the owner of the property are different (e.g., if the <br />Applicant is a tenant or licensee of the property or any portion thereof), <br />both the Applicant and the owner of the property shall be signatories to the <br />Maintenance Agreement and both shall be jointly and severally liable for <br />compliance with its terms. <br /> <br />(f) The Property Maintenance Agreement shall further provide that any <br />party responsible for complying with its terms shall not assign its <br />ownership interest in the property or any interest in any lease, sublease, <br />license or sublicense, unless the prospective assignee agrees in writing to <br />assume all of the duties, obligations and responsibilities set forth under <br />the Property Maintenance Agreement. <br /> <br />(g) The Property Maintenance Agreement shall contain provisions relating <br />to the enforcement of its conditions by the City and shall also contain <br />provisions authorizing the City to recover costs and expenses which the <br />City may incur arising out of any enforcement and/or remediation efforts <br />which the City may undertake in order to cure any deficiency in <br />maintenance, repair or upkeep or to enforce any restrictions or conditions <br />upon the use of the property. The maintenance agreement shall further <br />provide that any unreimbursed costs and/or expenses incurred by the City <br />to cure a deficiency in maintenance or to enforce use restrictions shall <br />become a lien upon the property in an amount equivalent to the actual <br />costs and/or expense incurred by the City. <br />2 - 13