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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 <br /> timely removal of graffiti; the timely maintenance, repair and upkeep of <br /> damaged, vandalized and/or weathered buildings, structures and/or <br /> improvements; the timely maintenance, repair and upkeep of exterior paint, <br /> parking striping, lighting and irrigation fixtures, walls and fencing, publicly <br /> accessible bathrooms and bathroom fixtures, landscaping and related <br /> landscape 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 /> 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 and obligations and 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 <br /> restrictions shall become a lien upon the property in an amount equivalent <br /> to the actual costs and/or expense incurred by the City; and <br /> h. The execution and recordation of the Agreement shall be a condition <br /> precedent to the final map being recorded. <br /> Resolution No. 2026-009 <br /> Page 12of12 <br />