Contracts & Agreements_214-2016 - Laserfiche WebLink

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WFIEREAS, the Devices being installed oil private property and draining only private property, are private facilities with all maintenance or replaceilient therefor being the sole responsibility of the Owner;and WHEREAS, tile Owner is aware that periodic and continuous maintenance including, but not necessarily limited to, filter material replacernent and sediment removal is required to assure proper performance of the Devices and that such maintenance activity will require compliance with all Federal, State and local laws and regulations,, including those pertaining to confined space and waste disposal methods in effect at the time such maintenance occurs; NOW, THEREFORE, in consideration of the City's approval of the Project and the Mutual promises contained herein, the City of Redlands and Lennar Homes of California, Inc., a California Corporation agree as follows: AGREEMENT 1. The Owner hereby provides the City and its designees with full right of access to tile Devices and the Owner's Property in the immediate vicinity of the Devices (a) at any time, upon reasonable notice; or (b) in the event of emergency, as determined by the City Engineer with no advance notice; for the purpose of inspecting, sampling and testing of the Devices, and in cases of emergency, to undertake all necessary repairs or other preventative measures at the Owner's expense as provided tbr in Section 3. below. The City shall make every effort at all tinles to minimize or avoid interference with the Owner's use of the Property when undertaking Such inspections and repairs. 1 Tile Owner shall diligently maintain the Devices in a manner consistent with the manufacturers' recommended maintenance schedule to ensure efficient performance, All reasonable precautions shall be exercised by the Owner and tile Owner"s representatives in the removal and extraction ofmaterials from the Devices, and the ultirnate disposal of the materials in a manner consistent with all applicable laws. As may be requested frorn time to time by the City, the Owner shall provide the City with documentation identifying the materials removed, the quantity and the location of disposal destinations, as appropriate. 3. In the event the Owner fails to perform the necessary maintenance required by this Agreement within thirty (30) days of being given written notice by the City to do so, setting forth with specificity tile action to be taken, the City is authorized to cause any maintenance necessary to be done and charge the entire cost and expense to the Owner, including administrative costs, attorneys' fees and interest thereon at the maximum rate authorized by law, twenty (20)clays after the Owner's receipt of the notice of expense until paid in full. This Agreement affects County of San Bernardino Assessor's Parcel Nos. 01 Cal-041-04, -05, -14, - 18 & -20, 0167-071-26, and shall be recorded in the Official Records ofthe County of San Bernardino at the expense of the Owner and shall constitute notice to all successors and assigns to tile title to the Property of the obligations herein set forth, This Agreement shall also constitute a lien against tile Property in such amount as will fully reimburse the City, including interest as herein above set forth, subject to foreclosure in event of default in payment, 4. In event any action is commenced to enforce or interpret any of the ternis or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be Cfly or Redlands Agreemenr Vension NOVEMMn 2013