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HomeMy WebLinkAboutKMT INVESTMENT GROUP LLL, KELLI PERROTRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana Planning and Building Agency, M-20 20 Civic Center Plaza PO Box 1988 Santa Ana, CA 92702 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11111�1111111111111111111111J1I111111111111111111111111111111111111111'111 NO FEE *$ R 0 0 1 4 6 4 3 2 5 5$ 2023000272700 3:38 pm 11/07123 63 RW 11 A Al2 15 0.00 0.00 0.00 0.00 42.00 0.00 0.000.000.00 0.00 Return FULLLY EXECUTED (Space above Line for Use by Recorder) 0: p g A C i) Copy to COTC, M-30 CA. PtzesL,l�pa+-)tea' This document is exempt from the CA 0 ] 2023 payment of a recording fee pursuant to Government Code Section 61-032738,3 N-2023-300 CIVIL COMPROMISE AGREEMENT 1 This CIVIL COMPROMISE AGREEMENT (the "Agreement"), is made and entered i 4 into by and between KMT Investment Group LLC, Kelli Perrot and/or any assigned responsible lr� party, including, but not limited to tenants and/or lessees (the "Proposed Operator") and the City 1 of Santa Ana (the "City"). RECITALS WHEREAS, the Planning Commission conditionally approved Conditional Use Permit No. 2019-07 (hereinafter referred to as the "CUP"), a copy of which is attached hereto as Exhibit A, allowing for the sale of alcoholic beverages for on premise consumption under a Type 47 License ("ABC License") from the California Department of Alcoholic Beverage Control (the "ABC") at the eating establishment, Culichi Town, located at located at 2158 South Bristol Street Santa Ana, California (the "Property"), which was operated by Edgar Ascencio dba as Culichi Town ("Former Operator"); and, WHEREAS, on February 15, 2023, the City received information from ABC indicating that Culichi Town's ABC License had been suspended and that ABC had sought disciplinary action against the Former Operator; and, WHEREAS, ABC and the Former Operator signed a settlement agreement suspending the license for thirty (30) days and one hundred eighty(180) days to allow for a transfer of the ABC License; and, WHEREAS, the City obtained additional documentation related to the numerous investigations against Culichi Towns' alcohol license and evaluated whether suspension or revocation pursuant to Section 41-650.5 and Section 41-651 of the Santa Ana Municipal Code (SAMC) was necessary; and, WHEREAS, the Proposed Operator purchased the ABC License from the Former Operator initiating the ABC License transfer with ABC and entering into a lease agreement for the Property; and, WHEREAS, the Proposed Operator and the City have, through extensive negotiations, reached an agreement whereby the City determined initiating revocation of the CUP would not be necessary based on terms and conditions of this Agreement and compliance therewith by Proposed Operator; and, WHEREAS, the intent of the parties is that the Property be operated in compliance with CUP and the temporary modifications to conditions thereto as outlined and agreed to by the parties in this Agreement; and, WHEREAS, the Proposed Operator's notarized execution of this Agreement confirms its ackriowledgment and acceptance of the temporary modified conditions as more fully defined herein below and the risks associated with non-compliance with the same and/or the non -modified conditions of the CUP. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE PROPOSED OPERATOR AGREES AS FOLLOWS: SECTION 1. RECITALS. The Recitals above are true and correct and incorporated into the body of this Agreement by this reference. SECTION 2. COMPLIANCE WITH CUP AND TEMPORARY MODIFICATIONS THERETO BY THIS AGREEMENT. The Proposed Operator agrees to comply with all applicable conditions of the CUP and those temporarily modified by this Agreement as set forth herein below ("Temporary Conditions"). SECTION 3. DURATION OF THIS AGREEMENT MODIFIED CONDITIONS The following Temporary Conditions and this Agreement shall be applicable, and remain in full force and effect for a period of twelve (12)-months following the City's issuance of a Certificate of Occupancy and full and complete execution of this Agreement by the parties (the "Term"). SECTION 4. TEMPORARY CONDITIONS. For the Term of this Agreement, Proposed Operator hereby agrees to perform and maintain the following Temporary Conditions: 4.1 Proposed Operator shall be entitled to provide entertainment but agrees to be limited to, applying for, and at all times maintaining a valid Category 2 (see Sec 41-196.5 and Chapter 11 of the SAMC) Entertainment Permit with the City of Santa Ana. 4.2 Business hours shall be limited to Monday through Thursday from 10:30 am to 10:00 pm and Friday through Sunday 10:30 am to 12:00 am (midnight) which shall include all alcohol sales and entertainment. ("Business Hours") 4.3 During Business Hours as defined hereinabove, a hot meal shall be made available for ordering by customers. 4.4 The Proposed Operator shall not operate nor maintain any of the Former Operator's intellectual property, including but not limited to, business name, branding, etc., to include the usage of the name and/or mark Culichi Town; and, 2 4.5 The Proposed Operator or the property owner shall ensure that a security guard be present at the shopping center location to monitor activities in the parking lot and in the immediate vicinity of the Property from 5:00 pm to close on weekdays and from 10:30 am to close on weekends. 4.6 Proposed Operator shall ensure that, other than the normal opening and closing of doors for access by customers and/or staff, doors shall remain closed during Business Hours and throughout the duration of closing time operations to reduce audible noise leaving the Property. 4.7 Proposed Operator shall be responsible to coordinate a quarterly meeting with staff to review business operations and compliance with the terms and conditions of this Agreement, the underline conditions of CUP and/or concerns and/or incidents, if any. SECTION 5. CITY OF SANTA ANA. The City of Santa Ana acknowledges and agrees to the following: 5.1 The Agreement shall be valid, applicable and in place for the Agreement Period as provided herein. 5.2 Upon expiration of the Agreement Period and Proposed Operator's substantial compliance with this Agreement, the Temporary Conditions and operational conditions of the CUP, City agrees this Agreement shall automatically terminate, with no further actions required by either party and ALL condition shall REVERT to the original conditions approved by the CUP. 5.3 City will endeavor to communicate with Proposed Operator and/or Proposed Operator's representative during the Agreement Period related to any concerns, complaints and/or issues to allow the Proposed Operator to take immediate and appropriate actions to address the same. 5.4 The City shall retain its rights to take all appropriate enforcement action, including but not limited to, administrative action(s) as authorized under the Santa Ana Municipal Code, in the event the City finds, at its sole discretion, that Proposed Operator either: (1) violated the terms and conditions of this Agreement; and/or (2) the conditions of approval outlined in CUP No. 2019-07. SECTION 6. MUTUAL REPRESENTATIONS. Both parties represent and acknowledge that the Proposed Operator, while not responsible for the previous actions, non -actions and/ or compliance related issues of the previous operator and business, has entered into this Agreement in good faith and to show its intention to comply with all applicable conditions and establish a record of compliant operations to the City. SECTION 7. GENERAL PROVISIONS. 7.1 None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. 7.2 All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Property, whether by operation of law on in any manner whatsoever. 7.3 In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby. 7.4 This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. IN WITNESS WHEREOF, the Proposed Operator and City have caused this Agreement to be executed as evidenced by the signatures of the authorized officers of each of them on the dates set forth below. CITY OF SANTA ANA: Dated: \\ 2 ATTEST: Dated: \.1 PROPOSED OPERATOR: Dated: 9j a0Z3 CITY OF SANTA ANA By: �.-- 1� � � j Steven Mendoza, Acting City Manager , CITY OF SANTA ANA By: Je ' er .Hall 'ty C rk ?me- r [Signatures continued on the following page] T Ivivestwtt i t- 61vDvpLLC, 0 CALIFORNIA ACKNOWLEDGMENT CIVIL .. .:..:[e... A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of 0"t r, J} On gu mbu 1, n23 before me,-RVj561 Y. M(Aag i Notary public Date Here Insert Name and Title of the Officer personally appeared syu+ a • 1AN07A Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence{ be the person(s) whose name(s)&are subscribed to the within instrument and acknowled ed to me thatV�efshe/they executed the same in t /her/their authorized capacity(ies), and that by er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 4 T ABIGAIL Y. ALCALA ary NotPublic - California € ' ra— Orange County IE Commission # 2311212 '..,."� My Comm. Expires Dec 26, 2023 ' Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ComptiSt; NV OY ItwAf m (,mtt(r Ur" jtptf I ym( Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: r- CW R • MlZL ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: GIFT bF SUMA KIA Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: rorl;:4-11F 02018• CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notarypublic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On before me, L Ai i Yl Gi i6r GH t1 IwIGW C (here insert name and title of U e officer) personally appeared Lbl'(na, Pell who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NATHRINAANN-LOUISA HIRSCHFELO Notary Public - California WITNESS my hand and official seal. 7 ComOranmissionge M 239Countyl069 04my Comm. Expires Mar 22, 2026 Signature (Seal) Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. - Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of C( Vi I o promise containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ride(') ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) Other: RDLn `Q tX I representing: V— ill Yf�P_Mtl li(- Cji , /1 soor Entity(ie (5 Signer Is Representing ' ns) _ Method of Signer Identification Proved to me on the basis of satisfactory evidence: Qform(s)ofidentification 0credible witness(es) Notarial event is detailed in notary journal on: Page If Entry # Notary contact: Other ❑ Additional Signers) ❑ Signer(s)Thumbprint(s) Ll 0 Copyright 2007-2018 Notary Rotary, PO aox 41400, Des Moines, IA 50311-050T All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this. form. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof OI(rL�, ) On before me, kC, A (here Insert name and title of the officer) personally appeared Rw�P ark i'cka?d 4\la-7 Z who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatLlre(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 00-my RATHRINAANWLoulsA HI,RSCHFELD Notary range -California Prange County WITNESS my hand and official seal r Commission N 239Ro69 Comm. Expires Mar 22, 2026 Signature (Seal) Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of r' 1 yi c o m f o m ;'St 1 _ containing _ pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) Attorney -in -Fact Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Name(,) of Perso n(s) or Entltyges) Slone, Is Representing Method of Signer Identification - Proved to me on the basis of satisfactory evidence: 0 form(s) of identification 0credible witness(es) Notarial event is detailed in notary journal on: Page li Entry 11 Notary contact: Other ❑ Additional Signer(s) ❑ signer(s)Thumbprint(s) 0 Copyright 2007-2018 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507, All Rights Reserved. lean Number 101772. Please contact yon, Authorized Reseller to purchase copies of this form. APPROVED AS TO FORM: Dated: Dated: I 3 002 SONIA R. CARVALHO CITY ATTORNEY City of Santa Ana Jos Montoya Assistant City Attorney CITY OF SANTA ANA Print Name: pyA2 Counsel for Proposed Operator -Dc 161f Altanrnrm t "A" Conditional Use Permit No. 2019-07 the use and ensure that the use will not negatively affect the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed sale of alcoholic beverages for on -premises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the alcoholic beverage control license will address any potential negative or adverse impacts created by the use. Culichi Town restaurant will be a bona -fide restaurant and the addition of alcohol will be ancillary to the main use. All of the operational standards identified in SAMC Sec. 41-196 will apply to this establishment. The subject site is not located within immediate proximity to parks, playgrounds, schools, or religious institutions. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment and will occur within the premises. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that offer a full selection of alcoholic beverages for sale to their customers. Moreover, the offering of alcoholic beverages will allow Culichi Town restaurant to remain economically viable and compete with nearby full -service restaurants in the local vicinity and contribute to the overall success of the City of Santa Ana, attracting visitors and residents to the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed conditional use permit will be in compliance with all applicable regulations and operational standards imposed on a restaurant selling alcoholic beverages for on - premises consumption pursuant to Chapter 41 of the SAMC. The facility will be maintained as a full -service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the restaurant will utilize less than five (5) percent of the gross floor area for display and storage of alcoholic beverages, which is the Resolution No. 2019.11 Page 2 of 6 maximum threshold established by the Santa Ana Municipal Code, Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed sale of alcoholic beverages for on -premises consumption at this location will not adversely affect the General Plan or any specific plan, The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full -service restaurants that provide alcoholic beverages as part of their menu offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Policy 5,5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Culichi Town restaurant is located within an integrated commercial shopping center and its operation is compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from CEQA per Section 15061(b) (3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on -premises sale of alcoholic beverages at a full -service restaurant and minor interior tenant improvements. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and no new expansion of the existing building is proposed. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Resolution No. 2019-11 Page 3 of 6 LS 3,11.19 RESOLUTION NO. 2019-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-07 AS CONDITIONED, TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON - PREMISES CONSUMPTION AT CULICHI TOWN RESTAURANT LOCATED AT 2158 SOUTH BRISTOL STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1, The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Edgar Ascencio ("Applicant") representing Culichi Town restaurant, is requesting approval of Conditional Use Permit No. 2019-07 to allow the sale of alcoholic beverages for on -premises consumption (Type 47 — General Alcohol) for the property located at 2158 South Bristol Street. B. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on - premises consumption. C. On March 11, 2019, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2019-07, D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code ("SAMC") Section 41-638, have been established for Conditional Use Permit No. 2019-07 to allow the sale of alcoholic beverages for on -premises consumption: 1, That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed sale of alcoholic beverages for on -premises consumption at this location will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase beer, wine and distilled spirits with their meal. This will thereby benefit the community by providing a restaurant with an additional and complementary food related amenity. Operational standards applicable to the alcoholic beverage control license will mitigate any potential impacts created by Resolution No. 2019-11 Page 1 of 6 Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-07 as conditioned in Exhibit A, attached hereto and incorporated herein, for the alcoholic beverage control license for the sale of alcohol for on -premises consumption for the project located at 2158 South Bristol Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 11, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 111 day of March, 2019. AYES: Commissioners: ALDERETE, MCLOUGHLIN, NOES: Commissioners: NONE (0) ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney CANO (1) NONE (0) BENAVIDES, CONTRERAS-LEO, NGUYEN, RIVERA (6) QA&Ks Ma cLoughlin Chairperson CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2019-11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 11, 2019. Date: gill 11 °i Commission Secretary City of Santa Ana Resolution No. 2019-11 Page 4 of 6 T1 Conditions of Approval for Conditional Use Permit No. 2019.07 Conditional Use Permit No, 2019-07 for on -premises alcohol sales is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. To comply with Sec. 41-196,5 of the SAMC and Chapter 11 of the same, the tenant shall at all times have a current and approved Entertainment Permit on file with the City of Santa Ana. 3. The sales, service, and consumption of alcoholic beverages shall be permitted in accordance with the operational standards for on -sale establishments pursuant to Section 41-196(g) of the SAMC and in accordance with the provisions of a Type-47 alcohol license by the State Alcohol Beverage Control Board (ABC). 4. The sales, service, and consumption of alcoholic beverages shall be limited from 10:30 a.m. to 12:00 a.m. Monday through Sunday. 5. Prior to the issuance of the alcoholic beverage license, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: Resolution No. 2019-11 Page 5 of 6 (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If 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. (f) The maintenance agreement shall further provide that any 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, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2019.11 Page 6 of 6