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<br />Resolution No. 2025-XX <br />Page 11 of 12 <br />within 90 days of the approval of this Resolution. The agreement shall contain <br />covenants, conditions and restrictions relating to the following: <br /> <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 /> <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 /> <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 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; 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 /> <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 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 and <br />obligations and responsibilities set forth under the maintenance agreement; <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 <br />