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Resolution No. 2022-25 <br />Page 8 of 9 <br />against the property and which shall be in a form reasonably satisfactory to the <br />City Attorney. The maintenance agreement shall contain covenants, conditions <br />and restrictions relating to the following: <br /> <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 noise <br />mitigation measure; adherence to approved project phasing etc.); <br /> <br />(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 /> <br />(c) Ongoing compliance with approved design and construction parameters, <br />signage parameters and restrictions as well as landscape designs, as applicable; <br /> <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 and immediately adjacent to the property; the proper and timely <br />removal of graffiti; the timely maintenance, repair and upkeep of damaged, <br />vandalized 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 /> <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 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 /> <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 /> <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.