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<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. <br />d. <br />Ongoing compliance with approved design and construction parameters, signage <br />parameters and restrictions as well as landscape designs, as applicable: <br />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 on or about the property; the proper and timely removal of graffiti; the <br />timely 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. <br />f. <br />If Applicant and the owner of the property are different (e.g., if the Applicant is a <br />tenant or licensee of the property or any portion thereof), both the Applicant and <br />the owner of the property shall be signatories to themaintenance agreement and <br />both shall be jointly and severally liable for compliance with its terms; <br />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; and <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 <br />to recover costs and expenses which the City may incur arising out of any <br />enforcement and/or remediation efforts which the City may undertake in order to <br />cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions <br />or conditions upon the use of the property. The maintenance agreement shall <br />further 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 become <br />a lien upon the property in an amount equivalent to the actual costs and/or <br />expense incurred by the City. <br />Resolution No. 2023-07 <br />Page 8 of 8