CORRESPONDENCE_2003-2005 - Laserfiche WebLink

Home Browse Search

I WHEREAS, the parties desire to resolve this matter without the time and expense of- 2 protracted litigation; 3 NOW, THEREFORE, Delta Funding and the County hereby stipillate and consent to 4 the entry of Final Judgment Pursuant.to Stipulation in the above-entitled cause on the following terms 5 and conditions: 6 1. Delta Funding, on behalf of its members, -officers, agents, employees, 7 representatives, and all persons acting in concert or participating with it, agrees to be permanently 8 enjoined from violating Title 14, California Code of Regulations, section 17331 (Frequency of Refuse 9 Removal) and San Joaquin County Ordinance, Code No. 5-2400 (Accumulation of Refuse, Waste 10 and Filth Prohibited) as-long as Delta Funding holds title to the Property; 11 2. Delta Funding agrees to comply with all applicable land use restrictions with 12respect to the Property, including but not limited to Title 27, California.Code of Regulations, Section 13 21190(c); 14 3. Delta Funding agrees to comply with Title 27 California Code ofRegulations, 15 Section 20530 and will secure the site in a manner reasonably designed to discourage unauthorized 16 access to the Property; 17 4. Delta Funding agrees to comply with Title 27 California Code of Regulations, 18 Section 20830 and will remove all surface debris and maintain the Property free of litter and garbage; 19 5. Delta Funding agrees to implement a preventative maintenance program to 20 monitor and repair any hazardous conditions, including, but not limited to, conditions caused by 21 rainfall or other weather conditions, and to monitor and maintain the integrity of any fencing or other 22 barrier designed to discourage unauthorized access to the Property. Delta Funding agrees to monitor 23 the Property on a weekly basis; 24 6. Delta Funding agrees to allow both the County, as well as the California 25 Integrated Waste Management Board ("C 'I including its employees, agents, contractors, and 26 subcontractors, reasonable access to the Property for purposes of conducting any remediation of the 27 Property, including but not limited to any remediation conducted under the CIV;MB's Solid Waste 28 Disposal and Codisposal Site Cleanup Program(Pub. Res. Code §§ 48020—48028),including but not .3- 1119GMENT