Laserfiche WebLink
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 not <br /> necessarily limited to, filter material replacement and sediment removal is required to assure proper <br /> performance of the Devices and that such maintenance activity will require compliance with all <br /> Federal, State and local laws and regulations, including those pertaining to confined space and waste <br /> 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 [KB Home Coastal Inc ,a California corporation] <br /> agree as follows <br /> AGREEMENT <br /> 1 The Owner hereby provides the City and its designees with full right of access to the Devices <br /> and the Owner's Property in the immediate vicinity of the Devices (a) at any time, upon <br /> reasonable notice, or (b) in the event of emergency, as determined by the City Engineer with <br /> no advance notice, for the purpose of inspecting, sampling and testing of the Devices, and in <br /> cases of emergency, to undertake all necessary repairs or other preventative measures at the <br /> Owner's expense as provided for in Section 3, below The City shall make every effort at all <br /> times to minimize or avoid interference with the Owner's use of the Property when <br /> 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 Agreement <br /> within thirty (30) days of being given written notice by the City to do so, setting forth with <br /> specificity the action to be taken, the City is authorized to cause any maintenance necessary <br /> to be done and charge the entire cost and expense to the Owner, including administrative costs, <br /> attorneys' fees and interest thereon at the maximum rate authorized by law,twenty (20) days <br /> 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 [0168-161-04, 05, <br /> 06 & 07], and shall be recorded in the Official Records of the County of San Bernardino at <br /> the expense of the Owner and shall constitute notice to all successors and assigns to the title <br /> to the Property of the obligations herein set forth This Agreement shall also constitute a lien <br /> against the Property in such amount as will fully reimburse the City, including interest as <br /> herein above set forth, subject to foreclosure in event of default in payment <br /> City of Redlands <br /> Agreement Version NOVEMBER 2013 <br />