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Item 41 - Amendment Application No. 2022-01 and Appeal Nos. 2022-01 and 2022-02
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Item 41 - Amendment Application No. 2022-01 and Appeal Nos. 2022-01 and 2022-02
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
41
Date
12/20/2022
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c) Ongoing compliance with approved design and construction parameters, <br />signage parameters and restrictions as well as landscape designs, as <br />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 <br />removal of graffiti; the timely maintenance, repair and upkeep of damaged, <br />vandalized and/or weathered buildings, structures and/or improvements; <br />the timely maintenance, repair and upkeep of exterior paint, parking striping, <br />lighting and irrigation fixtures, walls and fencing, publicly accessible <br />bathrooms and bathroom fixtures, landscaping and related landscape <br />improvements and the like, as applicable); <br />e) If Applicant and the owner of the property are different (e.g., if the Applicant <br />is a tenant or licensee of the property or any portion thereof), both the <br />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 />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 <br />property or any interest in any lease, sublease, license or sublicense, unless <br />the prospective assignee agrees in writing to assume all of the duties, <br />obligations 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 <br />may undertake in order to cure any deficiency in maintenance, repair or <br />upkeep or to enforce any restrictions or conditions upon the use of the <br />property. The maintenance agreement shall further provide that any <br />unreimbursed costs and/or expenses incurred by the City to cure a <br />deficiency in maintenance or to enforce use restrictions shall become a lien <br />upon the property in an amount equivalent to the actual costs and/or <br />expense incurred by the City; and <br />h) The execution and recordation of the maintenance agreement shall be a <br />condition precedent to the issuance of final approval for any construction <br />permit related to this entitlement. <br />Resolution No. 2022-XXX <br />Page 12 of 12 <br />
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