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WHEREAS, the Devices being installed on private property and draining only private <br /> property, are private facilities with all maintenance or replacement therefor being the sole <br /> responsibility of the Owner; and <br /> WHEREAS, the Owner is aware that periodic and continuous maintenance including, but <br /> not necessarily limited to, filter material replacement and sediment removal is required to assure <br /> proper performance of the Devices and that such maintenance activity will require compliance with <br /> all Federal, State and local laws and regulations, including those pertaining to confined space and <br /> waste disposal methods in effect at the time such maintenance occurs; <br /> NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual <br /> promises contained herein,the City of Redlands and Andrew Arturi and Kristin Seiberling agree as <br /> follows: <br /> AGREEMENT <br /> 1. The Owner hereby provides the City and its designees with full right of access to the <br /> Devices and the Owner's Property in the immediate vicinity of the Devices (a) at any time, <br /> upon reasonable notice; or (b) in the event of emergency, as determined by the City <br /> Engineer with no advance notice; for the purpose of inspecting, sampling and testing of the <br /> Devices, and in cases of emergency, to undertake all necessary repairs or other preventative <br /> measures at the Owner's expense as provided for in Section 3, below. The City shall make <br /> every effort at all times to minimize or avoid interference with the Owner's use of the <br /> Property when undertaking such inspections and repairs. <br /> 2. The Owner shall diligently maintain the Devices in a manner consistent with the <br /> manufacturers' recommended maintenance schedule to ensure efficient performance. All <br /> reasonable precautions shall be exercised by the Owner and the Owner's representatives in <br /> the removal and extraction of materials from the Devices, and the ultimate disposal of the <br /> materials in a manner consistent with all applicable laws. As may be requested from time to <br /> time by the City, the Owner shall provide the City with documentation identifying the <br /> materials removed,the quantity and the location of disposal destinations,as appropriate. <br /> 3. In the event the Owner fails to perform the necessary maintenance required by this <br /> Agreement within thirty(30) days of being given written notice by the City to do so, setting <br /> forth with specificity the action to be taken, the City is authorized to cause any maintenance <br /> necessary to be done and charge the entire cost and expense to the Owner, including <br /> administrative costs, attorneys' fees and interest thereon at the maximum rate authorized by <br /> law, twenty(20) days after the Owner's receipt of the notice of expense until paid in full. <br /> 4. This Agreement affects County of San Bernardino Assessor's Parcel Nos. 300-231-58, and <br /> shall be recorded in the Official Records of the County of San Bernardino at the expense of <br /> the Owner and shall constitute notice to all successors and assigns to the title to the Property <br /> of the obligations herein set forth. This Agreement shall also constitute a lien against the <br /> Property in such amount as will fully reimburse the City, including interest as herein above <br /> set forth, subject to foreclosure in event of default in payment. <br /> City of Redfands <br /> Agreement Version NOVEMBER 2013 <br />