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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 fixtures, <br />landscaping and related landscape improvements and the like, as applicable); <br />e. If Developer and the owner of the property are different (e.g., if the Applicant is a <br />tenant or licensee of the property or any portion thereof), both the Applicant and <br />the owner of the property shall be signatories to the maintenance agreement and <br />both shall be jointly and severally liable for compliance with its terms. <br />The maintenance agreement shall further provide that any party responsible for <br />complying with its terms shall not assign its ownership interest in the property or <br />any interest in any lease, sublease, license or sublicense, unless the prospective <br />assignee agrees in writing to assume all of the duties and obligations and <br />responsibilities set forth under the maintenance agreement. <br />The maintenance agreement shall contain provisions relating to the enforcement <br />of its conditions by the City and shall also contain provisions authorizing the City <br />to recover costs and expenses which the City may incur arising out of any <br />enforcement and/or remediation efforts which the City may undertake in order to <br />cure any deficiency in maintenance, repair or upkeep or to enforce any <br />restrictions or conditions upon the use of the property. The maintenance <br />agreement shall further provide that any unreimbursed costs and/or expenses <br />incurred by the City to cure a deficiency in maintenance or to enforce use <br />restrictions shall become a lien upon the property in an amount equivalent to the <br />actual costs and/or expense incurred by the City. <br />h. The execution and recordation of the maintenance agreement shall be a <br />condition precedent to the final map being recorded. <br />55394,00053\32005824.1 <br />75D-98 <br />