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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 <br /> with all Federal, State and local laws and regulations, including those pertaining to confined space <br /> and 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 Owner agree as 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 as described in Exhibits A and B ("Access Area") (a) at <br /> any time, upon reasonable notice; or (b) in the event of emergency, as determined by the <br /> City Engineer with no advance notice; for the purpose of inspecting, sampling and testing <br /> of the Devices, and in cases of emergency, to undertake all necessary repairs or other <br /> preventative measures at the Owner's expense as provided for in Section 3, below. The <br /> City shall make every effort at all times to minimize or avoid interference with the Owner's <br /> use of the 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 <br /> to 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(3 0)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, and attorneys' fees twenty (20) days after the Owner's receipt of the <br /> notice of expense until paid in full. <br /> 4. This Agreement affects the portions of County of San Bernardino Assessor's Parcel Nos. <br /> 0171-011-64, 0171-161-17 and 0171-161-18 as described in Exhibits A and B, and shall <br /> be recorded in the Official Records of the County of San Bernardino at the expense of the <br /> Owner and shall constitute notice to all successors and assigns to the title to the Property <br /> of the obligations herein set forth. <br /> 5. in event any action is commenced to enforce or interpret any of the terms or conditions of <br /> this Agreement the prevailing Party shall, in addition to any costs and other relief, be <br /> City of Redlands <br /> Agreement Version NOVEMBER 2013 <br />