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Resolution No. 2025-XX <br />Page 10 of 11 <br /> <br /> <br />Agreement 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 approval of <br />this Resolution. The Agreement shall contain covenants, conditions and restrictions <br />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 on or about the property; the proper and <br />timely removal of graff iti; 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 paint, <br />parking striping, lighting and irrigation fixtures, walls and fen cing, publicly <br />accessible bathrooms and bathroom fixtures, landscaping and related <br />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 Agreement <br />and both shall be jointly and severally liable for compliance with its terms; <br /> <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 <br />assignee agrees in writing to assume all of the duties, obligations and <br />responsibilities set forth under the maintenance agreement; and <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 to <br />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 order <br />to cure any deficiency in maintenance, repair or upkeep or to enforce any <br />