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Conditions of Approval <br />July 27, 2020 <br />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 Developer 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 <br />the maintenance agreement and both shall be jointly and severally liable <br />for 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 and 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 <br />provisions authorizing the City to recover costs and expenses which the <br />City may incur arising out of any enforcement and/or remediation efforts <br />which the City may undertake in order to cure any deficiency in <br />maintenance, repair or upkeep or to enforce any restrictions or <br />conditions upon the use of the property. The maintenance agreement <br />shall further provide that any unreimbursed costs and/or expenses <br />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 <br />equivalent to the actual costs and/or expense incurred by the City. <br />h. The execution and recordation of the maintenance agreement shall be a <br />condition precedent to the final map being recorded. <br />Resolution No. 2020-23 <br />Page 10 of 10 <br />