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trash and debris about the property; the proper and timely removal of graffiti; the <br />timely maintenance, repair and upkeep of damaged, vandalized and/or <br />weathered buildings, structures and/or improvements; the timely maintenance, <br />repair and upkeep of exterior paint, parking striping, lighting and irrigation <br />fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, <br />landscaping and related landscape improvements and the like, as applicable); <br />e. If Developer and the owner of the property are different (e.g., if the Applicant is a <br />tenant or licensee of the property or any portion thereof), both the Applicant and <br />the owner of the property shall be signatories to the property maintenance <br />agreement and both shall be jointly and severally liable for compliance with its <br />terms. <br />f. The property maintenance agreement shall further provide that any party <br />responsible for complying with its terms shall not assign its ownership interest in <br />the 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 />g. The property 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 to <br />enforce any restrictions or conditions upon the use of the property. The <br />maintenance agreement shall further provide that any unreimbursed costs and/or <br />expenses incurred by the City to cure a deficiency in maintenance or to enforce <br />use restrictions shall become a lien upon the property in an amount equivalent to <br />the actual costs and/or expense incurred by the City. <br />h. The execution and recordation of the property maintenance agreement shall be a <br />condition precedent to the final map being recorded. <br />Resolution No. 2019-041 <br />Page 9 of 9 <br />