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MAINPLACE SHOPPINGTOWN, LLC (2)
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MAINPLACE SHOPPINGTOWN, LLC (2)
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Last modified
11/2/2021 3:38:17 PM
Creation date
11/2/2021 3:37:42 PM
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Contracts
Company Name
MAINPLACE SHOPPINGTOWN, LLC
Contract #
N-2021-221
Agency
Planning & Building
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County Health Care Agency, Division of Environmental Health, as required by California <br />Administration Code Title 17, Chapter V, Sections 7583-7622 and the City's Municipal <br />Code. <br />18. Owner shall maintain all storm drain and water quality improvements located, including <br />on the Property in accordance with the requirements of the approved Water Quality <br />Management Plan (WQMP). <br />19. A Sanitary Sewer System Overflow ("SSO") is the discharge of raw sewage from any <br />sewer collection facility (pipeline, lateral and/or manhole). Owner shall take proactive <br />measures to prevent SSOs discharging from the private sewer collection facilities <br />maintained by the Owner. Owner shall prepare and implement an SSO emergency response <br />plan that includes procedures to contain, correct and clean a sewer spill, which shall include <br />notification to the City and the County Health Care Agency when an SSO occurs. Owner <br />shall furnish the City with a 24-hour emergency contact phone number. Owner shall also <br />prepare a routine on -site private sanitary sewer collection system maintenance program to <br />ensure all pipelines, laterals and manholes are properly cleaned and maintained at all times. <br />The SSO emergency response plan and collection system maintenance program documents <br />shall be made available for inspection by the City upon request. <br />20. Owner shall prepare and implement a routine on -site private sanitary sewer collection <br />system maintenance program to ensure all pipelines, laterals and manholes located on -site <br />and off -site up to the point of connection to a public sewer main are properly cleaned and <br />maintained at all times. This program shall be a written document and made available for <br />review by the City upon request. <br />B. Owner Confers to City Right to Conduct Maintenance and Repairs Owner on behalf <br />of itself, its successors and assigns hereby confers upon the City the right but not the obligation to <br />conduct maintenance and repairs on the Property as required in Section 3(A) of this Agreement, <br />subject to the conditions set forth herein. Such powers are conferred by Owner on the City for the <br />benefit of the City to provide for the health, safety and welfare of all persons who use the Project <br />or any portion thereof and other persons who reside in the vicinity of the Project and the entire <br />City. <br />C. City Right to Enforce. The right and power of the City to enforce the maintenance, <br />repair and replacement obligations of Owner shall not be deemed to arise by virtue of this Section <br />3 alone. Any provision of this Agreement to the contrary notwithstanding, the City may, by public <br />nuisance abatement proceeding, and/or by the initiation of an action at law or in equity, <br />notwithstanding this Section 3, enforce the law as relates to the abatement or elimination of a <br />public nuisance at the Property or enforce any provision or conditions of approval of a building or <br />development permit issued for the Property by the City. It shall be presumed that the City is <br />proceeding under the general municipal policy powers reserved to the City under this Section 3 (C) <br />if the City issues a written notice of "Maintenance Deficiency" as this tern is defined in Section <br />3(D) of this Agreement. <br />D. Notice of Maintenance Deficiencies. Upon any failure by Owner to perform any of the <br />maintenance and repair obligations referenced in Section 3 (A) (such failure hereinafter referred to <br />as a "Maintenance Deficiency"), the City shall issue written notice of such Maintenance <br />Deficiency to Owner. <br />C! <br />
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