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c. Ongoing compliance with approved design 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 <br />improvements located thereupon (including, but not limited to, controls on <br />the proliferation of trash and debris about the property; the proper and timely <br />removal of graffiti; the timely maintenance, repair and upkeep of damaged, <br />vandalized and/or weathered buildings, structures and/or improvements; the <br />timely maintenance, repair and upkeep of exterior paint, parking striping, <br />lighting and irrigation fixtures, walls and fencing, publicly accessible <br />bathrooms and bathroom fixtures, landscaping and related landscape <br />improvements and the like, as applicable); <br />e. If Applicant and the owner of the property are different (e.g., if the Applicant <br />is a tenant or licensee of the property or any portion thereof), both the <br />Applicant and the owner of the property shall be signatories to the <br />maintenance agreement and both shall be jointly and severally liable for <br />compliance with its terms. <br />The agreement shall further provide that any party responsible for complying <br />with its terms shall not assign its ownership interest in the property or any <br />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 agreement. <br />g. The agreement shall contain provisions relating to the enforcement of its <br />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 <br />order to cure any deficiency in maintenance, repair or upkeep or to enforce <br />any restrictions or conditions upon the use of the property. The agreement <br />shall further provide that any unreimbursed costs and/or expenses incurred <br />by the City to cure a deficiency in maintenance or to enforce use restrictions <br />shall become a lien upon the property in an amount equivalent to the actual <br />costs and/or expense incurred by the City. <br />h. The execution and recordation of the agreement shall be a condition <br />precedent to the final map being recorded. <br />Resolution No. 2025-XX <br />Page 9 of 9 <br />