Laserfiche WebLink
Resolution No. 2025-19 <br />Page 12 of 13 <br />13. Subject to review and applicability by the Planning and Building Agency, the <br />Community Development Agency, the Public Works Agency, and the City <br />Attorney, to ensure that the property and all improvements located thereupon are <br />properly maintained, Applicant (and the owner of the property upon which the <br />authorized use and/or authorized improvements are located if different from the <br />Applicant) shall execute a property management agreement. The agreement <br />shall be recorded against the property by the City and shall be in a form <br />reasonably satisfactory to the City Attorney. The executed agreement must be <br />submitted to the Planning Division by the Applicant within 90 days of the <br />approval of this Resolution. The agreement shall contain covenants, conditions <br />and restrictions relating to the following: <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 <br />noise mitigation measure; adherence to approved project phasing etc.); <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 debris, <br />enforcement of the parking management plan, and/or restrictions on certain <br />uses); <br />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 <br />the 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; the <br />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 agreement shall further provide that any party responsible for complying <br />with its terms shall not assign its ownership interest in the property or any <br />interest in any lease, sublease, license or sublicense, unless the prospective