PC-2009-40, PUD-70, SAN JOSE ARENA MANAGEMENT

22. EIR Mitigation Monitoring. a. If it is determined through field inspections and/or monitoring that a site is not in compliance with an EIR mitigation/improvement measure, the responsible party for implementation of the mitigation/ improvement measure is the responsible party to bring the mitigation/ improvement measure into compliance. The responsible party is listed in the EIR Mitigation Monitoring and Reporting Plan. The City of Pleasanton may require the responsible party to conduct a peer review report by a consultant chosen by the City of Pleasanton to determine compliance and to recommend measures to correct noncompliance. All peer review costs shall be borne by the party responsible for the implementation of the mitigation/improvement measure. b. As parcels are sold (following the recordation of a final map), new property owner(s) will be responsible for all of the their parcel's "Project Developer" mitigation responsibilities as listed in the EIR Mitigation Monitoring and Reporting Plan, including but not limited to: implementing mitigations, monitoring, reporting, bringing mitigation/improvement measures in nonconformance into conformance, and reimbursing the City of Pleasanton for costs borne by the City of Pleasanton to review monitoring reports and conduct other monitoring activities related to their parcel(s). c. Prior to the issuance of a building permit for a Project Developer's PUD site, a Mitigation Monitoring fund (or other funding mechanism acceptable to the City of Pleasanton) shall be established by the City of Pleasanton consistent with the Mitigation Monitoring and Reporting Program for the EIR. San Jose Arena Management shall assume the cost of mitigation monitoring in the Lease Area. The City of Pleasanton shall assume the cost of mitigation monitoring for the area outside the Lease Area. 32