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c) Ongoing compliance with approved design and construction parameters, <br />signage parameters and restrictions as well as landscape designs, as <br />applicable; <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 />e) If Applicant and the owner of the property are different (e.g., if the <br />Applicant is a tenant or licensee of the property or any portion thereof), <br />both the 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 />f) The maintenance agreement shall further provide that any party <br />responsible for complying with its terms shall not assign its ownership <br />interest in the property or any interest in any lease, sublease, license or <br />sublicense, unless the prospective assignee agrees in writing to assume <br />all of the duties, obligations and responsibilities set forth under the <br />maintenance agreement; <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 <br />incur arising out of any enforcement and/or remediation efforts which the <br />City may undertake in order to cure any deficiency in maintenance, repair <br />or upkeep or to enforce any restrictions or conditions upon the use of the <br />property. The maintenance agreement shall further provide that any <br />unreimbursed costs and/or expenses incurred by the City to cure a <br />deficiency in maintenance or to enforce use restrictions shall become a <br />lien upon the property in an amount equivalent to the actual costs and/or <br />expense incurred by the City; and <br />h) The execution and recordation of the maintenance agreement shall be a <br />condition precedent to the issuance of final approval for any construction <br />permit related to this entitlement. <br />Resolution No. 201946 <br />Page 6 of 6 <br />