Hercules Municipal Code Art. 3 Mitigation Monitoring Agreement

(a) As a condition of approval of the project, the applicant shall enter into a mitigation monitoring agreement with the City providing the obligations of the applicant to comply with the requirements of this Chapter. The Planning Director shall execute the mitigation monitoring agreement on behalf of the City.

(b) The mitigation monitoring agreement shall be binding upon the applicant and any successors in interest to the project including the underlying real property, and shall be recorded.

(c) The content of the mitigation monitoring agreement, including the mitigation implementation plan and compliance schedule shall be as approved by the Planning Director. Said agreement may include provisions concerning, but not limited to, the following: mitigation implementation plans; compliance schedules; compliance reports; verification reports; qualifications of private consultants; right of City access to project site for investigative purposes; dispute resolution; penalties and sanctions for applicant's failure to comply with Chapter requirements; liquidated damages; and City authority to impose stop-work orders. The agreement shall provide that the City has the right to enforce this agreement and all penalties and sanctions provided therein, and all other remedies provided by law; and hold the City harmless in enforcement of its provisions.

(Ord. 287 Div. 1 (part), 1990)