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<br />AUGUST 22, 2005 <br />PAGE40F4 <br /> <br />g. If the applicant fails to remove the identified pump <br />within the allocated time, the City will hire a licensed <br />contractor to remove the fueling pump(s) and related <br />equipment. Prior to the issuance of a building permit, <br />the owner or its designee will execute an agreement with <br />the City to allow the contractor to enter the site. <br /> <br />h. The applicant shall post a performance bond in an amount <br />equal to the cost of the removal of two pumps and related <br />equipment. The bond will be released to the applicant if <br />no intrusion occurs after the testing period upon written <br />request to the City. <br /> <br />1. The applicant will deposit funds with the City of Santa <br />Ana in an amount of 50 percent greater than the cost of <br />two bids for studies to be performed by a consultant <br />identified by the City. Said funds will be held in an <br />account by the Ci ty of Santa Ana. The applicant will <br />have 30 calendar days to deposit an equal amount to the <br />one withdrawn for a study, upon use of any of the funds <br />from this account. Failure to keep the account at its <br />minimum level 30 days after the expenditure will result <br />in the enactment of the mitigation measures identified <br />above (removal of both pumps). At the completion of the <br />testing period, the balance on the account will be <br />reimbursed to the applicant upon written request to the <br />City. <br /> <br />j. The City will notify the applicant of any additional <br />queuing study requested by the Planning Commission or <br />City Council within 10 calendar days from the request. <br /> <br />k. For the purpose of this moni toring program yearly shall <br />mean a period of time no less than ten (10) months and no <br />more than fourteen (14) months. <br /> <br />10. <br /> <br />All mitigation measures identified in the <br />effective if intrusion occurs on the site, <br />cause. <br /> <br />program will <br />regardless of <br /> <br />be <br />its <br /> <br />11. All condi tions for this variance shall be completed and in <br />effect prior to the issuance of the Certificate of Occupancy <br />and the release of any utilities. <br /> <br />31A-20 <br />