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(e) If Developer and the owner of the property are different (e.g., if <br />the Applicant is a tenant or licensee of the property or any portion <br />thereof), both the Applicant and the owner of the property shall be <br />signatories to the maintenance agreement and both shall be jointly <br />and severally liable 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 <br />ownership interest in the property or any interest in any lease, <br />sublease, license or sublicense, unless the prospective assignee <br />agrees in writing to assume all of the duties, obligations and <br />responsibilities set forth under the maintenance agreement. <br />(g) The maintenance agreement shall contain provisions relating to <br />the enforcement of its conditions by the City and shall also contain <br />provisions authorizing the City to recover costs and expenses which <br />the City may incur arising out of any enforcement and/or remediation <br />efforts which the City may undertake in order to cure any deficiency <br />in maintenance, repair or upkeep or to enforce any restrictions or <br />conditions upon the use of the property. The maintenance <br />agreement shall further provide that any unreimbursed costs and/or <br />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 <br />an amount equivalent to the actual costs and/or expense incurred by <br />the City. <br />(h) The execution and recordation of the maintenance agreement <br />shall be a condition precedent to the issuance of final approval for <br />any construction permit related to this entitlement. <br />Resolution No. 2023-XXX <br />Page 15 of 15 <br />