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c. Onaoina compliance with aaaroved desian 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 improvements <br />located thereupon (including but not limited to controls on the proliferation of <br />trash and debris about the property; the proper and timely removal of graffiti; <br />the timely maintenance, repair and upkeep of damaged, vandalized and/or <br />weathered buildings, structures and/or improvements; the timely maintenance, <br />repair and upkeep of exterior paint, parking striping, lighting and irrigation <br />fixtures, walls and fencing, publicly accessible bathrooms and bathroom <br />fixtures, landscaping and related landscape improvements and the like, as <br />applicable); <br />e. If Applicant and the owner of the property are different (e.g., if the Applicant is <br />a tenant or licensee of the property or any portion thereof), both the Applicant <br />and the owner of the property shall be signatories to the maintenance <br />agreement and both shall be jointly and severally liable for compliance with its <br />terms; <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 and <br />obliaations and responsibilities set forth under the maintenance aareement: <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 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 to <br />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 />h. The execution of the maintenance agreement shall be a condition precedent to <br />the Certificate of occupancy. <br />The maintenance agreement shall further provide that any party responsible <br />for complying with its terms shall not assign its ownership interest in any real <br />property illustrated on Figure 1 (the "Limited Light Industrial Parcels"), within <br />the boundaries of Specific Development No. 58, or any interest in any lease, <br />sublease, license or sublicense, unless the prospective assignee agrees in <br />writing to assume all of the duties and obligations and responsibilities set forth <br />under the maintenance agreement. <br />Ordinance No. NS-XXXX <br />Page 16 of 22 <br />