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the required study period (minimum five years), the City will send the applicant written notification of the queuing intrusion. Upon receipt of the notification, the applicant shall immediately cease to dispense fuel from Pump 1 identified on Attachment 1, and incorporated herein by this reference. In addition, the applicant shall provide proof of the submittal of a completed application(s) for the removal of said pump to the proper agencies within thirty (30) days of receipt of the notification. The applicant shall complete the removal of said pump within thirty (30) days of obtain permit approval. If the City consultant determines that queuing intrusion, as defined above in Paragraph A has occurred a third time any time during the required study period (minimum five years), the City will send the applicant written notification of the queuing intrusion. Upon receipt of the notification, the applicant shall immediately cease to dispense fuel from Pump 2 identified on Attachment "A". In addition, the applicant shall provide proof of the submittal of a completed application(s) for the removal of said pump to the proper agencies within thirty (30) days of receipt of the notification. The applicant shall complete the removal of said pump within thirty (30) days of obtain permit approval. . g. If the applicant fails to remove the identified pump within the allocated time, the City will hire a licensed contractor to remove the fueling pump(s) and related equipment. Prior to the issuance of a building permit, the owner or its designee will execute an agreement with the City to allow the contractor to enter the site. h. The applicant shall post a performance bond in an amount equal to the cost of the removal of two pumps and related equipment. The bond will be released to the applicant if no intrusion occurs after the testing period upon written request to the City. i. The applicant will deposit funds with the City of Santa Ana in an amount of 50 percent greater than the cost of two bids for studies to be performed by a consultant identified by the City. Said funds will be held in an account by the City of Santa Ana. The applicant will have 30 calendar days to deposit an equal amount to the one withdrawn for a study, upon use of any of the funds from this account. Failure to keep the account at its minimum level 30 days after the expenditure will result in the enactment of the mitigation measures identified above (removal of both pumps). At the completion of the testing period, the balance on the account will be reimbursed to the applicant upon written request to the City. Exhibit A Page 3 OF 4