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<br /> <br />Resolution No. 2025-XX <br />Page 9 of 14 <br />construction or major repair (e.g., proper screening and securing of the <br />construction site; implementation of proper erosion control, dust control <br />and noise mitigation measure; adherence to approved project phasing <br />etc.); <br /> <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 <br />certain 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 <br />improvements located thereupon (including but not limited to controls on <br />the proliferation of trash and debris about the property; the proper and <br />timely removal of graffiti; the timely maintenance, repair, and upkeep of <br />damaged, vandalized and /or weathered buildings, structures, and/or <br />improvements; the timely maintenance, repair and upkeep of exterior <br />paint, parking striping, lighting and irrigation fixtures, walls and fencing, <br />publicly accessible bathrooms and bathroom fixtures, landscaping and <br />related landscape improvements and the like, as applicable); <br /> <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 /> <br />f. The Agreement shall further provide that any party responsible for <br />complying with its terms shall not assign its ownership interest in the <br />property or any interest in any lease, sublease, license or sublicense, <br />unless the prospective assignee agrees in writing to assum e all of the <br />duties, obligations and responsibilities set forth under the maintenance <br />agreement; <br /> <br />g. The Agreement shall contain provisions relating to the enforcement of its <br />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 <br />order to cure any deficiency in maintenance, repair or upkeep or to enforce <br />any restrictions or conditions upon the u se 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 <br />