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RESO 2022-26_201 E. Sandpointe
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RESO 2022-26_201 E. Sandpointe
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8/24/2022 2:23:35 PM
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<br /> Resolution No. 2022-26 <br />Page 9 of 9 <br />parking striping, lighting and irrigation fixtures, walls and fencing, publicly <br />accessible bathrooms and bathroom fixtures, landscaping and related <br />landscape improvements and the like, as applicable); <br /> <br />e) If Applicant 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 <br />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 /> <br />f) The maintenance agreement shall further provide that any party responsible <br />for complying with its terms shall not assign its ownership interest in the <br />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, <br />obligations and responsibilities set forth under the maintenance agreement; <br /> <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 incur <br />arising out of any enforcement and/or remediation efforts which the City <br />may undertake in order to cure any deficiency in maintenance, repair or <br />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 /> <br />h) The execution and recordation of the maintenance agreement shall be a <br />condition precedent to the issuance of the ABC license.
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