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Resolution No. 2025-20 <br />Page 9 of 9 <br /> <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 on or about the property; the proper <br />and timely removal of graffiti; the timely maintenance, repair and upkeep <br />of damaged, vandalized and/or weathered buildings, structures and/or <br />improvements; the timely maintenance, repair and upkeep of exterior <br />paint, parking striping, lighting and irrigation fixtures, walls and fencing, <br />publicly accessible bathrooms and bathroom fixtures, landscaping and <br />related landscape improvements and the like, as applicable); <br /> <br />e. If Applicant and the owner of the property are different (e.g., if the <br />Applicant is a tenant or licensee of the property or any portion thereof), <br />both the Applicant and the owner of the property shall be signatories to <br />the Agreement and both shall be jointly and severally liable for compliance <br />with its terms; <br /> <br />f. The Agreement shall further provide that any party responsible for <br />complying with its terms shall not assign its ownership interest in the <br />property or any interest in any lease, sublease, license or sublicense, <br />unless the prospective assignee agrees in writing to assume all of the <br />duties, obligations and responsibilities set forth under the Agreement; <br /> <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 <br />City to recover costs and expenses which the City may incur arising out <br />of any enforcement and/or remediation efforts which the City may <br />undertake in order to cure any deficiency in maintenance, repair or <br />upkeep or to enforce any restrictions or conditions upon the use of the <br />property. The maintenance agreement shall further provide that any <br />unreimbursed costs and/or expenses incurred by the City to cure a <br />deficiency in maintenance or to enforce use restrictions shall become <br />a lien upon the property in an amount equivalent to the actual costs <br />and/or expense incurred by the City; and <br /> <br />h. The execution and recordation of the Agreement shall be a condition <br />precedent to the issuance of final approval for any construction permit <br />related to this entitlement. <br /> <br />