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Resolution No. 2019-xx <br />Page 8 of 8 <br />fixtures, landscaping and related landscape improvements and the like, as <br />applicable); <br /> <br />(e) If Developer 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 Applicant <br />and the owner of the property shall be signatories to the Maintenance Agreement <br />and both shall be jointly and severally liable for compliance with its terms. <br /> <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, obligations <br />and responsibilities set forth under the Property Maintenance Agreement. <br /> <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 /> <br />(h) The execution and recordation of the Property Maintenance Agreement shall <br />be a condition precedent to the issuance of final approval for any construction <br />permit related to this entitlement. <br /> <br />2-16