CABRILLO 35 - SANTA ANA, L.P. - Laserfiche WebLink

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fixtures, landscaping and related landscape improvements and the like, as applicable). 6. If the applicant and the owner of the property are different (e.g., if the applicant is a tenant or licensee of the property or any portion thereof), both the applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. If the applicant is a sub-lessee or sub- licensee any portion of the property or any equipment located upon the property (e.g., as would be the case with a wireless carrier seeking to co-locate equipment upon an existing wireless telecommunication facility), the applicant, the primary lessee/licensee and the underlying property owner shall all be signatories to the maintenance agreement and shall all be jointly and severally liable for compliance with its terms. 7. The maintenance agreement shall further provide that any Responsible Party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease,license or sublicense,unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. 8. The surface of the driveways, fire lanes, vehicle parking areas, and public right-of-way areas adjacent to the Property as depicted on the Property Site Plan as being the maintenance responsibility of the Owner shall be maintained in a good and serviceable condition by the Owner, and shall be kept free of weeds,trash, or other debris. 9. The removal of solid waste,trash, or other debris from the Property shall be undertaken by a duly franchised solid waste hauler authorized to provide such services to commercial properties in the City. 10. The outdoor trash storage enclosure shall screen all trash containers from view. 11. Landscaping for the areas shown on the Property Site Plan as being the maintenance responsibility of the Owner shall be continuously maintained by the Owner as per approved landscape plans in a good condition. 12. Lighting shall be provided in all parking areas, vehicular access ways, and along major walkways, in accordance with the SAMC and approved by the Planning and Building Divisions. 13. Exterior surfaces of the Buildings and all other structures, fixtures, or other improvements located on the Property, shall be kept free and clear of graffiti. Graffiti shall be removed within twenty-four (24) hours following the time of its application or upon receiving notice of removal from the City. Graffiti shall be removed by either painting over the evidence of such graffiti with a paint that has been color matched to the surface to which it is applied or graffiti may be removed with solvents or detergents, as applicable. A failure by Owner to remove graffiti within twenty-four(24) hours following its application on any structure, fixture or other improvement located on the Property or upon receiving notice or removal from the City shall be deemed to be a Maintenance Deficiency as defined below in Section 7(d). 3