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<br /> Resolution No. 2023-15 <br />Page 9 of 9 <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 /> <br />b. Compliance with ongoing operational conditions, requirements and restrictions, <br />as applicable (including but not limited to hours of operation, security <br />requirements, the proper storage and disposal of trash and debris, <br />enforcement of the parking management plan, and/or restrictions on certain <br />uses); <br /> <br />c. Ongoing compliance with approved design and construction parameters, <br />signage parameters and restrictions as well as landscape designs, as <br />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 <br />trash and debris on or about the property; the proper and timely removal of <br />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 <br />bathroom fixtures, landscaping and related landscape improvements and the <br />like, as 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 <br />and the owner of the property shall be signatories to the maintenance <br />agreement and both shall be jointly and severally liable for compliance with its <br />terms; <br /> <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 />and <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 <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 <br />to enforce any restrictions or conditions upon the use of the property. The <br />maintenance agreement shall further provide that any unreimbursed costs <br />and/or expenses incurred by the City to cure a deficiency in maintenance or to <br />enforce use restrictions shall become a lien upon the property in an amount <br />equivalent to the actual costs and/or expense incurred by the City.