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the prospective assignee agrees in writing to assume all of the duties and <br />obligations and responsibilities set forth under the maintenance agreement; <br />7. 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 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 <br />to enforce any restrictions or conditions upon the use of the property. The <br />maintenance agreement shall further provide that any unreimbursed costs <br />and/or expenses incurred by the City to cure a deficiency in maintenance or <br />to enforce 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; and <br />8. 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 />G. Avigation Easement. <br />Developer (and the owner of the property upon which the authorized use and/or <br />authorized improvements are located if different from the Developer) shall, prior to <br />issuance of a building permit, execute and record an avigation easement on the area <br />governed by this specific development. <br />-m---- -� 12 )-------- <br />