Contracts & Agreements_210-2018 - Laserfiche WebLink

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WHEREAS, the Devices being installed on private property and draining only private property, are pi ivate facilities with all maintenance or replacement therefor being the sole responsibility of the Owner, and WHEREAS, the Owner is aware that periodic and continuous maintenance including, but not necessarily limited to, filtei material replacement and sediment removal is required to assure propei 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 Sam -Redlands, LLC, an Oregon Limited Liability Company agree as follows AGREEMENT The Ownei hereby provides the City and its designees with full right of access to the Devices and the Ownei'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 Engineei with no advance notice foi the purpose of inspecting, sampling and testing of the Devices, and in cases of emergency, to undertake all necessary repairs or othei preventative measures at the Ownei's expense as provided for in Section 3, below The City shall make every effort at all times to minimize or avoid interference with the Ownei's use of the Property when undertaking such inspections and repairs 2 The 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 Ownei and the Owner's representatives in the removal and extraction of materials from the Devices, and the ultimate disposal of the matei ials in a mannei consistent with all applicable laws As may be requested from 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 the 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) days aftei the Ownei's receipt of the notice of expense until paid in full 4 This Agreement affects County of San Bernardino Assessor's Parcel Nos 0299-011-12-0, 0299-011-11-0 and shall be recorded in the Official Records of the County of San Bernardino at the expense of the Owner and shall constitute notice to all successors and assigns to the title to the Property of the obligations herein set forth This Agreement shall also constitute a lien against the 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 G3ly of Redlands Agreement Version NOVEMBER 2013