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Recorded in Official Records, County of San Bernardino 11/12/2004
LARRY WALKER 4:28 PM
SW
iM Auditor/Controller — Recorder
Recording requested by -
and when recorded mail to:
R Regular Mail
City Clerk Doc#: 2004-0825636 Titles: 1 Pages: 22
City of Redlands Fees 0.00
P. 0. Box 3005 11111111111 II 111 Taxes
Other 0.00
0.00
Redlands, CA 92373 PAID
AGREEMENT FOR ANNEXATION AND PROVISION
FOR CITY UTILITY SERVICES
This Agreement for Annexation and Provision of City Utility Services("Agreement")is made
and entered into this 2"d day of November, 2004,by and between the City of Redlands, a municipal
corporation organized and existing under the laws of the State of California ("City") and De Sousa
Development, ("Developer"). The City and Developer are sometimes collectively referred to herein
as the "Parties."
RECITALS
WHEREAS, to provide for orderly planning, the City (1) has the authority pursuant to
Government Code Sections 65300 and 65301 to include in its General Plan property outside its
boundaries which is in the City's sphere of influence or which in the City's judgment bears a relation
to its strategic planning, and (2) also has the authority pursuant to Government Code Section 65859
to pre-zone property within its sphere of influence for the purpose of determining the zoning
designation that will apply to such property in the event of a subsequent annexation of the property
to the City; and
WHEREAS,Developer has provided evidence, satisfactory to the City,that Developer is the
fee owner of the property comprising of Lot 2, Parcel Map No. 15925, which is located in an
unincorporated area within the City's sphere of influence (the "Property") and which the Developer
intends to develop as a multi-family residential development; and
WHEREAS,Government Code Section 56133 authorizes the City to provide new or extended
services by contract outside its jurisdictional boundaries if it first receives written approval from the
Local Agency Formation Commission for San Bernardino County ("LAFCO"), and provides that
LAFCO may authorize the City to provide such services within the City's sphere of influence in
anticipation of a later change of organization; and
WHEREAS, the City's General Plan and Chapter 13.60 of the Redlands Municipal Code
establish policies and procedures for the approval of City utility services to development located
within the City's sphere of influence and require,among other things,the owner of the property to be
served to enter into an agreement and record the same in the official records of the County requiring
the owner to annex the property to the City upon certain conditions; and
1:Tlanning\JOHN\MISCpaa03-08 De Sousa Development wpd
WHEREAS, the City has prepared a General Plan for the unincorporated area in which the
Property is located to provide for the orderly planning of such area and has determined that the
Property is consistent with the goals and policies of the City's General Plan and the development
standards of the Redlands Municipal Code; and
WHEREAS, it is the policy and goal of the City to discourage and not facilitate development
in the City's sphere of influence which is unwilling and/or fails to comply with the City's General
Plan and the City's development standards by refusing to extend utility services in such instances;and
WHEREAS,pursuant to the requirements of Chapter 13.60 of the Redlands Municipal Code
and in consideration for the City's agreement to extend utility services outside its jurisdictional
boundaries to the Property, Developer has entered into this Agreement to provide assurances to the
City that development of the Property will occur in accordance with the Redlands General Plan and
the Development Standards of the Redlands Municipal Code,and that the Property shall be annexed
to the City in accordance with this Agreement's terms, provisions and conditions;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt of which is hereby acknowledged, the City of Redlands
and De Sousa Development agree as follows:
AGREEMENT
1. Recitals. The foregoing recitals are true and correct.
2. Definitions. The following terms when used in this Agreement shall have the
meanings ascribed to them:
a. "Agreement" means this Agreement for Annexation and Provision of Utility
Services.
b. "Annexation"means the procedure for a change of organization or reorganization
set forth in the Cortese-Knox Hertzberg Local Government Reorganization Act of 2000(Government
Code sections 56000 et
c. "Developer"means De Sousa Development and their successors-in-interest to all
or any part of the Property.
d. "Project"means the improvement of the Property for the purposes of constructing
a maximum of sixteen (16) multi-family residential dwellings in eight duplex units, pursuant to
existing project approvals.
e. "Existing Project Approvals"means a Conditional Use Permit for 16 multi-family
residential dwellings in eight duplex units on 2.7 acres, its conditions of approval issued by the
County of San Bernardino as of the effective date of this Agreement and as described in Exhibit"A"
attached hereto and incorporated herein by reference, and those certain project approvals in effect as
of the effective date of this Agreement with respect to this Property.
,Planning\JOHN\MISC‘paa03-08 De Sousa Development v,pd 2
f. "Property"means the real property owned by Developer which is more particularly
described in Exhibit "B", attached hereto and incorporated by this reference.
3. Provision of Utility Services. The City agrees to provide utility services to the
Property consistent with the terms and conditions of this Agreement, provided that the Project
complies with all rules and regulations of the City governing the extension and provision of utility
services to properties located outside the City's boundaries at the time a request by Developer for
application for a water and sewer connection is approved by the City's Municipal Utilities
Department. Nothing herein represents a commitment by the City to provide such services unless
and until Developer complies with all such rules and regulations. In accordance with the voter-
approved General Plan amendment known as Measure"U," Developer agrees to pay, as a condition
of approval of an application for water and sewer connection and prior to receiving any services,the
full cost of such services as established by the City for the extension of utility services to the property.
4. Agreement to Develop by City Standards. In consideration of the City's agreement
to provide City water and sewer services to the Property, Developer shall develop the Property in
accordance with the Redlands General Plan, the Development Standards of the R-2, Multi-Family
Residential District of the Redlands Municipal Code, and all other applicable provisions of the
Redlands Municipal Code.
5. Agreement to Annex. In consideration of the City's agreement to provide City water
and sewer services to the Property, Developer hereby irrevocably consents to annexation of the
Property to City and agrees it shall take any and all reasonable and necessary actions, and fully and
in good faith cooperate with City, to cause the annexation of the Property to the City. Developer and
the City agree that in the event City initiates an annexation of the Property, the City shall be
responsible for the costs of such annexation. In all other instances where the annexation of the
Property is proposed to the City, Developer shall be responsible for such costs.
6. Monetary Consideration for Service Extension. Concurrent with the City's extension
of services to the Property, Developer shall pay to the City, as a condition of receiving such services
in accordance with the voter approved amendment to the City's General Plan known as Measure"U",
a sum equivalent to all capital improvement and other development fees which would be applicable
to the Property if the property was within the City limits at the time of extension of the services.
7. Taxes and Assessments. Developer hereby consents to the imposition of,and agrees
Developer shall pay, all taxes and assessments imposed and/or levied by the City which may be
applicable to the Property at the time the Property is annexed to the City.
8. Recordation. By entering into this Agreement,Developer and the City acknowledge
and agree that,among other things,it is the express intention of the Parties that any and all successors
in interest, assigns, heirs and executors of Developer shall have actual and constructive notice of
Developer's obligations under, and the benefits and burdens of, this Agreement. Therefore, this
Agreement and any amendments hereof,shall be recorded in the official records of the County of San
Bernardino. Developer further agrees that City shall, at the sole cost of Developer, have the right to
cause the recordation of this Agreement.
I\I'lanning‘,10FIN MISCTaa03-08 De Sousa Do.elopment v,pd 3
07,
9. Breach/Failure to Annex In the event Developer fails to comply with its obligations
under this Agreement or takes any action to protest, challenge, contravene or otherwise breach any
of it obligations or representations under this Agreement,the City shall have the right to,without any
liability whatsoever, cease the provision of City utility services to the Property. This right shall be
in addition to any other legal or equitable relief available to the City.
10. Not a Partnership. The Parties specifically acknowledge that the Project is a private
development, that neither party is acting as the agent of the other in any respect hereunder, and that
each party is an independent contracting entity with respect to the terms, covenants and conditions
contained in this Agreement. No partnership,joint-venture or other association of any kind is formed
by this Agreement. The only relationship between the City and Developer is that of a governmental
entity regulating the development of private property and the owner of such property.
11. Indemnity and Cost of Litigation.
a. Hold Harmless - Project. Developer agrees to and shall hold the City, its
elected officials, officers, agents and employees free and harmless from any and all liability for
damage or claims for damage for personal injury, including death, and claims for property damage
which may arise from the operations, errors, or omissions of Developer or those of its contractors,
subcontractors, agents, employees or any other persons acting on Developer's behalf which relate to
the Project. Developer agrees to and shall defend, indemnify and hold harmless the City, its elected
officials, officers, agents, employees and representatives from all actions for damages caused or
alleged to have been caused by reason of Developer's acts,errors or omissions in connection with the
Project. This hold harmless agreement applies to all damages and claims for damages suffered or
alleged to have been suffered by reason of Developer's or its representatives' acts,errors or omissions
regardless of whether or not the City supplied, prepared or approved plans or specifications relating
to the Project and regardless of whether or not any insurance policies of Developer relating to the
Project are applicable.
b. Third Party Litigation Concerning Agreement. Developer shall defend, at its
expense,including attorneys'fees,indemnify and hold harmless the City,its elected officials,officers,
agents and employees from any claim, action or proceeding against any of them to attack, set aside,
void or annual the approval of this Agreement or the approval of any permit or entitlement granted
in furtherance of this Agreement. The City may, in its sole discretion, participate in the defense of
any such claim, action or proceeding.
12. Liquidated Damages In the event that the property is not annexed to the City in
accordance with the terms of the Agreement,the owner of the property shall pay each year to the City,
as liquidated damages, a sum equal to the property taxes and any sales taxes the City would have
received had the property been annexed. Failure to make such liquidated damages payments shall be
cause for the City to cease water and/or sewer service to the Project.
13. Section Headings. All section headings and sub-headings are inserted for convenience
only and shall not affect any construction or interpretation of this Agreement.
14. Governing Law. This Agreement and any dispute arising hereunder shall be governed
by and construed in accordance with the laws of the State of California.
I\I'lantnng\JOHN NISCpaa03-08 Dc Sousa Development wpd 4
15. Attorneys'Fees. In the event any action is commenced to enforce or interpret the terms
or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief,
be entitled to the recovery of its reasonable attorneys' fees.
16. Binding Effect. The burdens of this Agreement bind and the benefits of this
Agreement inure to the successors in interest of the Parties hereto.
17. Authority to Execute. The person or persons executing this Agreement in behalf of
Developer warrant and represent that they have the authority to execute this Agreement on behalf of
the legal, fee title owner of the Property.
18. Waiver and Release. Developer hereby waives and releases any and all claims it may
have against City,its elected officials,officers,employees and agents with respect to any City actions
or omissions relating to the Project and Developer's and City's entry into and execution of this
Agreement. Developer makes such waiver and release with full knowledge of Civil Code Section
1542, and hereby waives any and all rights thereunder to the extent of this waiver and release, of such
Section 1542 is applicable. Civil Code Section 1542 provides as follows:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known by
him must have materially affected his settlement with the debtor."
19. Construction. The Parties agree that each party and its counsel have reviewed this
Agreement and that any rule of construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement. The Parties further agree
that this Agreement represents an"arms-length"transaction agreed to by and between the Parties and
that each party has had the opportunity to consult with legal counsel regarding the terms, conditions
and effect of this Agreement.
20. Entire Agreement. This Agreement sets forth and contains the entire understanding
and agreement of the Parties as to the matters contained herein, and there are no oral or written
representations, understandings or ancillary covenants or agreements which are not contained or
expressly referenced herein,and no testimony or evidence of any such representations,understandings
or covenants shall be admissible in any preceding of any kind or nature to interpret or determine the
terms or conditions of this Agreement.
DEVELOPER
‘11
Date: 3/23/0V
David Sousa
De Sousa Development
ssPlanning\JOHNAIISC,paa03-08 De Sousa Development wpd 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
p State of California >
isp, County of San Bernardino ss. `'
On kugust 23, 2004 , before me, laurel Hunt
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared David Sousa
Name(s)of Signer(s)
E personally known to me
{ . proved to me on the basis of satisfactory .
evidence
PI to be the personN) whose name(g) is/4W
_ Comnbiolon S 1502366
Mita.HMO
subscribed to the within instrument and !),.'q
Nolan(Pubic-C, yo acknowledged to me that he/ 'y executed
v44:;#* SankmaidnoCounty the same in hist } authorized',
`,' Myr EllpiNIS Jut* ca acit and that byhis/WWW P Y )r
signature(x) on the instrument the persons , or '
the entity upon behalf of which the person(i)
acted, executed the instrument.
WITNESS my hand and official seal.
A' ''�'/=.—!'/• /
Place Notary Seal Above Si.'ature of Notary-Public )
OPTIONAL 5
Though the information below is not required by law, it may prove valuable to persons relying on the document ,
and could prevent fraudulent removal and reattachment of this form to another document,
1(1 Description of Attached Documen,
Title or Type of Document: �` � for Annexation & Provision for City Utility
8 services >
0/21 /04, signed S/23/04 F
Document Date: Number of Pages:
g
Signer(s) Other Than Named Above: Mayor and City Clpxk
Capacity(ies) Claimed by Signer
lA Signer's's Name: navi °11S3
g —_-- —__---- RIGHTTHUNBPRINT
El Individual o> SIGNERi
Top of thumb here
❑ Corporate Officer—Title(s):
Partner—❑ Limited El General
H, El Attorney in Fact
El Trustee
f..l Guardian or Conservator
e , I Other:
Signer Is Representing: DeSousa Development
®1999 National Notary Association•9350 De Soto Ave.,P 0 Box 241)2•Chatsworth,CA 91313-2402•waw_nalronakwtary org Prod.No.5907 Reorder Call Toil-Free i-800-876-6827
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CITY OF REDLANDS
I
x”( Date: November 2, 2004
--A"- d
Stisan POpler, Mayor
ATTEST:
City lerk
Date: November 2, 2004
LkPlanning\JOHN‘MISepaa03-08 De Sousa Development wpd 6
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ) SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on November 2,
2004, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Susan Peppler and Lorrie Poyzer
{ X} personally known to me - or - { } proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my
‘ hand and official seal.
eRET-jt rt,4;2/,
LORRIE POYZER, CITY CLERK
(‘
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By: #. v
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Beatrice Sanchez, Deputy City Clerk
L F 0
(909)798-7531
"*.a.r .•••••••, ,••••••• r•••••.• ,•••••• /So' ••••.•, "•••••••
CAPACITY CLAIMED BY SIGNER(S)
{ } Individual(s) signing for oneself/themselves
{ } Corporate Officer(s)
Title(s)
Company
{ } Partner(s)
Partnership
{ } Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
{ x } Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
••••••, •••1
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Agreement for Annexation and Provision for ...
Date of Document: November 2, 2004
Signer(s) Other Than Named Above: David Sousa (De Sousa Development)
EXHIBIT A
ECONOMIC DEVELOPMENT
LAND USE SERVICES DEPARTMENT
AND PUBLIC SERVICES GROW
1;610-7;3-
ji • ?AN..
PLANNING DIVISION /
do- MICHAEL E.HAYS
385 North Arrowhead Avenue • San Bernardino. CA 92415-0182 • (909) 387-4131 Director of Lane Use Services
Current Planning Fax (909) 387-3249 • Advance Planning Fax (909) 387-3223
15505 Civic Drive • Victorville, CA 92392 • (760) 243-8245 • Fax (760) 243-8212
htto:;,'www.sbcounty.govilanduseservices,
February 25, 2003 Expiration Date: March 7, 2006
*. David Sousa/Land Development Engineering
(do Mr. Cy Zermeno
1921 Myrtlewood Ave.
Colton, CA 92324
Re: CUP/E312-102/02/0298-221-36, Conditional Use Permit to to establish a 16-Unit
Residential Apartment Complex on 2.7 acres (total) in the Mentone/S-3 Area,
Dear Applicants:
Please be advised, that your CONDITIONAL USE PERMIT application has received
CONDITIONAL APPROVAL, subject to your compliance with the conditions listed on the
attached pages 1-8.
The attached Conditions of Approval must be met and a signed release obtained from each
responsible agency Prior to Land Disturbance, Prior to Issuance of Building Permits and Prior
to Occupancy/Use. To assist you in obtaining agency clearances of the conditions, we are
enclosing three (3) Condition Compliance Release forms--one for each of the above three
development stages. As each development stage occurs. present the applicable completed
release form (with sign-offs) to the Planning Division, who will then advise the Building and
Safety Division that the requested permits or occupancy may be issued or granted. Allow at
least five (5) working days for the Planning Division to process each Condition Compliance
Release form. When returning the Condition Compliance Release form for Building Permit
release, please submit three (3) copies of the stamped,Approved Site Plan.
NOTE: The Planning ivision considers your Conditions of Approval and Approved Site Plan
your FINAL development criteria/design. This is not considered a "conceptual design",
therefore, any modifications and/or alterations will require the submittal of a Revision
Application and approval prior to issuance of any permits. All Conditions of Approval, shown
on the attached pages, must be met prior to Final Approval and Occupancy of your project.
Share these conditions with and exviain them to your contractors.
Davis Sousa Land evLngreenng
:P/02E3 13-102
Conons of Approval
Page
This decision may be appealed within ten (10) calendar days of the postmarked date of this
letter. All appeals must be submitted in writing on forms available at this office and be
accompanied by the required fee.
The approval shall become null and void if all conditions have not been complied with or the
occupancy or use of the land has not taken place within 36 months. Extensions of time may be
-anted upon written application and the payment of the required fee to the County Planning
Division not less than 30 days prior to the date of expiration. PLEASE NOTE: This will be the
only notice given for the above specified expiration date.. The applicant is responsible for
initiation of extension requests.
If we may be of further assistance, please feel free to contact this department by writing to the
above address, by telephoning (909) 387-4131 or by using our telefax line at (909) 387-3249.
Sincerely Yours,
BIRON R. BAUER, Senior Associate Planner
Land Use Services Deparn-nent/Planning Division
BRB:bb
cc: Building and Safety Division
Land Development/Roads Section
Land Development,Drainage Section
Environmental Health Services
County Fire Department
File
Attachments: Conditions of Approval (Pages 1 thru 8)
Referral/Signature Forms
(Dist3/CUP/SousaCALtr.doc)
elDe Sousa/Laria'DeTeloprnC3gineering. tor Page 1 of S
FINAL Condinons of ApprOval
:#-E313-103
February 25. 2003
CONDITIONAL USE PERMIT
ON-GOLNG PROCEDURAL OR OPERATIONAL CONDITIONS OF APPROVAL:
LAND USE SERVICES DEPARTMENT/PLANNING DIVISION(909) 387-4131
1. This Conditional Use Permit is to establish a 16-Unit Residential Apartment Complex on 2.7 acres
(total) in the Mentone/S-3 Area. Any alteration or expansion of these facilities or increase in the
developed area of the site from that shown on the Approved Site PlarvElevations shall require
submission of an additional application for review and approval. The project site is located on the
north side of Nice Avenue approximately 175 feet east of Crafton Ave. in Mentone (APN: 0298-221-
36).
2. The applicant shall agree to defend at his sole expense any action brought against the County, its
agents, officers, or employees, because of the issuance of such approval in compliance with the San
Bernardino County Ordinance #2684. The applicant shall reimburse the County, its agents, officers, or
employees for any court costs and attorney's fees which the County, its agents, officers, or employees
may be required by a court to pay as a result of such action. The County may, at its sole discretion,
participate at its own expense in the defense of any such action but such participation shall not relieve
application of his obligations under this condition.
3. A Certificate i(Fee Exemotion./De Minirnus CEOA finding is being issued for this project, pursuant to
California State Assembly Bill 3158. The applicant/owner shall pay a fee of thirty-five dollars ($35.00)
to the Clerk of the Board of Supervisors within five(5) days after the dare of canditional.approval The
Planning Division shall then file the Notice of Determination along with the Certificate of Fee
Exemption with the Clerk. The applicant should be aware that Section 21089(b) of the Public
Resources Code provides that any project approved under CEQA is not operative, vested or final until
the required fee is paid. Proof of fee payment may be required prior to issuance of building permits.
4. Additional fees may be required prior to issuance of development permits. Fees shall be paid as
specified in adopted fee ordinances.
5. This Conditional Use Permit approval shall become null and void if all conditions have not been
complied with and the occupancy or use of the land has not taken place within three (3) years of the
date of approval. Extensions of time,not to exceed three(3)years may be granted upon written request
with the appropriate fee. PLEASE NOTE: This will be the only notice given for the specified
expiration date. The appli:=is responsible for initiating an extension request.
6. The applicant/owner shall process a Condition Compliance Review through the County in accordance
with the direction stated in the Conditional Approval letter, for verification of conditions prior to the
issuance of building permits. A minimum balance of$1,000,00 must be in the project account at the
time the Condition Compliance Review is initiated. NOTE: Sufficient funds must remain in the
account to cover the charges during the Compliance Review.
7. All landscaping, fencing and structures shall be maintained regularly by the developer, or the property
owner, as appropriate, so that all facets of the development are kept in continual good repair, including
but not limited to healthy, thriving landscaping and the removal of any graffiti that may occur.
Non-Standard Condition
45Sk,
tie,*
41-11 *SW
'010
De Sousa/land Development Engineering. Page 2 of S
FLNAL Conditons of Approval
File/L-idex #E313-103
February 25, 2003
Drouzht-resistant, fire retardant vegetation shall be used for any replacement landscaping arid erosion
control to reduce water consumption and promote slope stability. All landscaped areas must be
irrigated in a manner designed to conserve water.
8. All trash and storage areas, loading areas, mechanical equipment and roof top mechanical equipment
shall be screened from public view. The property will be maintained so that it is visually attractive and
not dangerous to the health and welfare of the surrounding properties.
9. All lighting, provided to illuminate the site, shall be arranged to reflect away from adjoining residential
properties and abutting streets.
10. Parking and on-site circulation requirements shall be maintained:
a. Any occupancy which requires additional parking that has not been provided for through
this conditional use permit shall not be approved until a revision is submitted for review and
approval showing the additional parking.
b. All markings are to include parking spaces, directional desiiations, "No Parking"
designations and 'Tire Lane".designations. All markings shall be clearly defined and said
markings shall be maintained in good condition at all times.
c. Parking and site circulation surfaces shall be maintained in good condition at all times.
11. The applicant shall ascertain and comply with the requirements of all State, County and Local agencies
as are applicable to the project areas. They include, but are not limited to: County Departments of
Environmental Health Services, TransportatiorvFlood Control, Fire Department, Building and Safety,
State Fire Marshal and South Coast Air Quality Management District.
PUBLIC HEALTH DEPART=7ENVIRONMENTAL HEALTH SERVICES (EHS) (909) 387-4666
12. The noise level shall be maintained at or below County Standards, Development Code Section
87.0905(b). For information,call EHS/Land Use at(909) 387-4666.
13. All refuse generated at the premises shail at ail times be stored in approved containers and shall be
placed in a manner so that visual,noise, or other impacts and environmental health nuisances are
minimized and complies with San Bernardino County Code Chapter 8, Section 33.081 et. seq. For
information, call EHS/Local Enforcement Agency(LEA)at(909) 387-4655.
14. All refuse containing garbage shall be removed from the premises at least 2 times per week to an
approved solid waste facility, in conformance with San Bernardino County Code Chapter 8, Section
33.081 et seq. For information, call EHS/Local Enforcement Agency at(909) 387-4655.
PRIOR TO ISSUANCE OF GRADING PERMITS OR LAND DISTURBANCE THE
FOLLOWING SHALL BE COMPLETED:
LAND USE SERVICES DEPARTMENT/BUILDING&SAFETY DIVISION(909) 387-4246
15. Grading Plans shall be submitted for review and approval prior to gradingiland disturbance.
_ . .
'" De Sousa/Land Developrnil_agineering, Page 3 of S
FINAL Conditions of Approval
File.Index #E313-103
Fe1.7nia7,:r 25, 2003
16. Submit plans and obtain separate building permits for any required wails retaining walls or trash
enclosures.
LAND USE SERVICES DEPARTMENT/PLANNING DIVISION (909) 337-4131
*17. If Archaeological Resources are uncovered during ground-disturbing activities, all work in that area
shall cease. A qualified archaeologist shall be hired to record the find and recommend any further
mitigation. If human remains are uncovered during ground disturbing activities, the San Bernardino
County Coroner shall be contacted within 24 hours of the find and all work shall halt until clearance is
received.
*IS. Prior to issuance of any grading permit or land disturbing activity, the developer shall submit to
County Planning a copy of a contact or agreement with a County approved paleontologist to perform
the monitoring of the grading operation as outlined below and in the agreement. Also, the developer
shall submit a copy of a repository agreement with a museum that is acceptable to County Planning to
receive and preserve any recovered specimens. If Paleontological Resources are uncovered during
ground disturbing activities, all work shall cease in that area and the Paleontologist shall record and
curate any recovered specimens and recommend any further mitigation. The contact/agreement shall
address the following:
•
• Grading and other land disturbing activity that is located in areas of known fossil
occurrences on the overlay shall have all rough grading (cuts greater than five feet
of native material) monitored by tained paleontological crews worldng under the
direction of a qualified professional, in order that fossils exposed during grading can
be recovered and preserved. Fossils include large and small vertebrate fossils; the
latter recovered by screen washing of bulk samples.
• All recovered specimens, if any, shall be prepared to the point of identification and
adequately curated into retrievable collections of an institution with appropriate staff
and facilities for their scientific information potential to be preserved.
• A report of findings with an itemized accession inventory shall be prepared as
evidence that monitoring has been successfully completed. A preliminary report
shall be submitted •.nd approved prior to issuing any building permits and a final
report shall be and approved prior to granting any occupancy permits or
completing any final inspections. The adequacy of the paleontological reports shall
be determined in consultation with the Curator of Earth Science at the San
Bernardino County Museum.
• The costs incurred in hiring a qualified paleontologist to monitor the grading and
prepare all required reports as well as those costs incurred in the identification and
curation of any specimens discovered on-site shall be the responsibility of the
applicant.
Non-Standard Condition
: 'De Sousa/Land Developmell gineering. Page 4 of
FLVAL Conditions of ApprOval
File:Index #E313-103
February 25, 2003
PRIOR TO ISSUANCE OF BUILDING PERMITS THE FOLLOWLNG SHALL BE
COMPLETED:
LAND USE SERVICES DEPARTIVENT/BUILDLNG AND SAFETY DIVISION(909) 387-4246
19. The applicant shall submit building plans for approval and obtain permits prior to any construction.
20. Prior to issuance of building permits, erosion control devices must be installed at all perimeter
openings and slopes. No sediment is to leave the job site.
21. Any building, sign or structure to be constructed or located on-site will also require professionally
prepared plans, approved by the Building and Safety Division.
TRANSPORTATION/FLOOD CONTROL/LAND DEVELOPMENT, DRALNAGE (760) 243-8218
22. A Registered Civil Engineer shall investigate and design adequate drainage facilities to intercept and
conduct the tributary/off-site, on-site drainage flows around and through the site in a manner which
will not adversely affect the adjacent or down stream properties at the time the site is developed.
Submit a Hydrology Study.
23. All drainage flows shall be directed to the parkway and outlet. No surface flows over the driveway
shall be allowed.
24. The Private Drainage Easement to the west side of Parcel #1 (TPM 15925) may drain/overflow onto
the parcel to the west. If this is the case, the applicant shall submit aDrainage Acceptance Letter.
25. Grading Plans shall be submitted to Land Development/Engineering, Drainage Section for review.
26. The project is located within Flood Zone X, Shaded according to FEMA Panel Number 8730F, dated
3/96 and will require the building pads to be elevated in compliance with FEMA/SB Co. regulations.
(Pads shall be raised 1 foot above the natural grade.)
TRANSPORTATION/FLOOD CONTROL/LAND DEVELOPMENT,ROADS (760) 243-8218
27. The applicant shall submit Engineered Road Improvement Plans to the San Bernardino County
Transportation/Flood Control Department, 825 E. Third Street, Room 204, San Bernardino, CA.
92415-0835 for review and approval. Telephone(909) 387-2114. These plans are also to be reviewed
and approved by Cal Trans.
28. Right-of-way and improvements (including off-site) to t ansition aftic and drainage flows from
proposed to existing shall be required as necessary.
COUNTY FIRE DEPARTMENT(909) 386-8400
29. The above referenced project is protected by the County Fire Departnent. Prior to any construction
occurring on any parcel, the applicant shall contact the Fire Department for verification of cizrent fire
* Non-Standard Condition
Dc Sousa/Land Developme(111 gineering. 4- Page 5 of 8
FLVAL Conditions of Approval
File:index ..=E313-103
Febrsary 25. 2003
protection development requirements. All new construction shall comply with the existing Uniform
Fire Code requirements and all applicable statutes, codes, ordinances or standards of the Fire
Deoarm-ient.
30. The Fire Department is required to set a minimum fire flow for development. The required water
system shall supply 1500 GPM for a 2-hour duration at 20 PSI residual operating pressure. This
project shall be within this fire flow, using the construction methods, area separations and modifying
mitigations, as outlined in the Uniform Fire Code Appendix III-A and Table A-III-A-1. The water
system and fire hydrants shall be in operating condition before any combustible material is placed on
site.
31. Water systems designed to meet the required fire flow of this development shall be approved by the
Fire Department having jurisdiction. Water systems shall be operational and approved by the Fire
Department prior to any above-grade construction occurring.
32. Prior to any framing construction occurring, the Applicant/Developer is required to provide fire staff
with a letter from the water company having jurisdiction, verifying financial arrangements have been
made for the required water improvements or that existing fire hydrants and water systems will meet
distance and fire flow requirements.
33. Prior to the issuance of a building permit, the applicant shall contact the San Bernardino County Fire
Department/H17ardous Materials Division at (909) 386-8401
34. Prior to any framing construction occurring, approved fire hydrants and fire hydrant pavement markers
shall be installed. Fire hydrants shall be six inches (6") in diameter with a minimum of one four inch
(4") and one - two and one half inch (2 1/2") connection, as specified by the fire staff. The design of
the fire hydrant and fire hydrant pavement marker shall be approved by the Fire Department. All fire
hydrant spacing shall be three hundred feet (3001 unless otherwise approved by the Fire Chief.
35. An approved turn-around shall be provided at the end of each roadway one hundred and fifty(150) feet
or more in length. Cul-de-sac length shall not exceed six hundred (600) feet, except as identified in the
San Bernardino County Development Code Fire Safety Overlay areas and approved by the Fire Chief.
36. In multi-family complexes, all swing gates shall have an approved Fire Department padlock. If
automatic electric security gates are used,an approved lock switch is required on each gate.
37. The development and each phase thereof shall have two (2)points of vehicular access for fire and other
emergency equipment, and for routes of escape which will safely handle evacuations as required by the
Development Code.
PUBLIC 1-3EALT1-1 DEPARTMENT/ENVIRONMENTAL HEALTH SERVICES (909) 387-4666
38. The water purveyor shall be the City of Redlands Municipal Water Utilities Division.
39. This parcel is in Improvement Level 1. Submit evidence of contractual arrangements or installation of
water improvements to Environmental Health Services.
Non-Standard Condition
omicfs
• De Sousa/Land Develogtx,it Engineering. Page 6 of 8
FINAL Conditions of Approval
FiieJridcx #E313-103
February 25, 2003
*40. The City of Redlands will provide water to Parcel 2 (of TPM#15925). Prior to the issuance of building
permits, the infrastructure shall be installed so that Parcel 2 can connect to the City of Redlands water
system, or the applicant shall have made financial arrangements (posted a bond) with the City of
Redlands to serve water to Parcel 2. A will serve letter is not sufficient evidence by itself that the
project will connect to the City of Redlands water system. The applicant shall not create a new water
system to serve the proposed development on Parcel 2.
*41. The project shall connect to the City of Redlands sewer system. It appears that a sewer line is located
on Nice St approximately 300 feet from Parcel 2. The Santa Ana RWQCB requires new projects to
connect to a sewer if the sewer is within 200 feet of the property line plus add 100 feet for each
additional dwelling unit. This proposed project must connect to a sewer within 1700 feet of Parcel 2.
Prior to the issuance of building permits, the infrastructure shall be installed so that Parcel 2 can
connect to the City of Redlands sewer system, or the applicant shall have made financial arrangements
(posted a bond) with the City of Redlands to provide sewer to Parcel 2.
42. All demolition of structures shall have a Vector Inspection prior to the issuance of any permits
pertaining to demolition or destruction of any such premises. For information, contact EHS Vector
Section at (909) 387-4600.
43. The applicant shall submit Preliminary Acoustical Information demonstrating that the proposed project
maintains noise levels at or below San Bernardino County Noise Standards per San Bernardino County
Development Code, Section 87.0905(b). The purpose is to evaluate potential future on-site and/or
adjacent off-site noise sources. If the preliminary information cannot demonstrate compliance with
noise standards, a project specific acoustical analysis shall be required. Submit information/analysis to
the Division of Environmental Health Services (DEHS) for review and approval. For information and
acoustical checklist, contact EHS at(909) 387-4655.
LAND USE SERVICES DEPARTM. ENT/CODE ENFORCEMENT DIVISION (909) 387-4044
44. Prior to installation of any freestanding, wall, roof, projecting or monument sign, an Approved Sign
Registration Application and plot plan are required.
LAND USE SERVICES DEPARTMENT/PLANNING DIVISION(9091387-4131
*45. Landscaping & Irrigation Plans: Three copies of a Landscape Plan prepared by a registered
professional, showing the size, type, specifications and location of ail plant material, shall be submitted
to the Planning Division for review and approval of landscaping in the front setback area and at other
locations on site. Said landscaping shall be with native plants or locally adaptable drought-tolerant
species, trees, shrubs, groundcovers and turf capable of surviving the local climate and soil conditions
with nominal supplemental water maintenance, once established. Evergreen vines or other acceptable
screen-type shrubs may be planted immediately adjacent to the welded steel fencelblock walls. The
required landscaping may incorporate some (not all) decorative rock, native boulders or other suitable
hardscape material.
Recuired Slone PlantMz. Slope planting shall be required for the surface of all cut slopes more than
five (5) feet in height nd fill slopes more than(3) feet in height. Said slopes shall be protected against
Non-Standard Condition
De Sousa/Land De-veiopstt nt Engineering. Page 7 of S
FLVAL Conditions of Approval
File/Index #E313-103
_ February 25_2003 _ . _ __
damage from erosion by planting with grass or ground cover plants. Any slopes exceeding ten (10)
feet in vertical height shall also be planted with shrubs, spaced not to exceed ten (10) feet on centers;
and trees, spaced not to exceed thirty (30) feet on centers. The plants selected and planting methods
used shall be suitable for the soil and climatic conditions of the site. Drought-tolerant and fire-resistive
plantings shall be used to the maximum extent possible. The following plant material ratios shall be
utilized for ail required plantings: Trees: 50% - 15 gal.; 50% - 5 gal.
Shrubs: 50% - 5 gal.; 50% - 1 gal.
Groundcovers/Hardscape: 100% coverage
Screening: Voltage boxes, mailboxes, trash enclosures, maintenance structures, backflow devices,
automatic controls, air conditioning/heating units, etc., shall be screened with landscaping and/or
decorative fencing and shown on the plan. Parking areas shall be screened with landscaping where
practical.
Si Any on-site identification sign lettering copy, location and elevations shall be shown on the plan.
Elevations: Two copies of elevations of the proposed structures shall be submitted to Planning for
review and approval. The architecture shall be attractive and in keeping with the character of the area.
PRIOR TO FINAL INSPECTION OR OCCUPANCY TEE FOLLOWING SHALL BE
COMPLETED:
LAND USE SERVICES DEPARTMENT/PLANNING DIVISION(909) 387-4131
46. The following shall be completely installed prior to final inspection and occupancy:
• All internal drives shall be a minimum of twenty-four (24) feet wide to facilitate two-way
traffic, unless otherwise specified.
• All parking and driveway access areas shall be surfaced with a minimum two (2) inches
A.C. paving
• All parking stalls shall be clearly sniped and permanently maintained with double or hairpin
lines on the surface of the facility, with the two lines being located an equal nine (9) inches
on either side of the stall sidelines; arrows shall be painted on the paving to indicated
direction of traffic flow.
• Handicap parking spaces shall be clearly marked as handicap spaces.
• Any lights used to illuminate the site shall be hooded and designed so as to reflect away
from adjoining properties and public thoroughfares.
• All roof top equipment is to be screened from ground vistas.
• All trash receptacles shall be screened from public view.
47. Surety (bonding) in a form and manner determined acceptable to County Counsel and the Planning
Director shall be required for all landscape planting and irrigation systems to insure that the
landscaping remains in a healthy thriving condition for a minimum of two full years and that the
irrigation system continues to function properly for a minimum of two full years. As a minimum this
surety shall be in an amount equal to 120% of the cost estimate by a licensed landscape architect and
must include material and labor for each landscaped area. A SUP application from Environmental
Enforcement is required to administer this condition, for information call (909) 387-4044.
Non-Standard Condition
De Sousa/Land Developmesk gineering.
VAN* rage ZS Or a
FL'VAL Conditions of AppitiVal
File/Index #E313-103
_ _February' 254_2003_ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _
48. All landscaping shown on the Approved Landscaping Plan and all wallsifencing (as delineated on the
Approved Landscape Plan) shall be completed.
TRANSPORTATION/FLOOD CONTROLLAND DEVELOPMENT. ROADS (7601 243-8218
49. The applicant shall construct the curb and gutter(with match-up paving) 22 feet from the centerline on
Nice Avenue.
50. The applicant shall construct the sidewalk.
51. The applicant shall construct the driveway approach/entrance to the street-type standard with radius
curbs.
COUNTY FIRE DEPARTMENT(909) 386-8400
52. Prior to final inspection or occupancy, in all Multi-family complexes there shall be posted, at each
entrance of the complex, an illuminated diagrammatic representation of the complex which shows the
location of the viewer, the unit number designations within the complex, and the locations of the fire
hydrants. The developer shall submit a drawing detail to the San Bernardino County Fire Department
for approval (Fire Department Standard 901.4.4).
53. This development shall comply with the Fire Safety Overlay District FR2 as adopted in County
Ordinance No. 3341.
54. Prior to final inspection, street address numbers shall be posted, on the building(s), with a minimum
eight (8) inch in height by three fourth (3/4) inch stroke width and shall be visible from the street.
During the hours of darkness, the numbers shall be electrically illuminated. Where building setback
exceeds two hundred (200) feet from the roadway, additional non-illuminated contrasting six (6) inch
numbers shall be displayed at the property access entrances.
55. "No Parking, Fire Lane" signs shall be installed, on interior access drives and public/private roads.
These signs shall be posted at designated locations. Fire lane curbs shall be painted red. Signs shall
be in accordance with Fire Department Guideline#10.206.
56. Prior to final inspection or occupancy, hand portable fire extinguishers are required to be provided.
The location, type, and cabinet design shall be approved by the Fire Department.
PUBLIC HEALTH DEPARTMENT/ENVIRONMENTAL HEALTH SERVICES (909) 387-4677
57. Prior to Occupancy of a newly constructed or remodeled apartment complexihotel/motel/resort,
pursuant to San"Bernardino County Code Section 33.101 et. seq., a Certificate of Use request shall
be submitted to the Division of Environmental Health Services. For information, call
DEHS/Community Environmental Health at (909) 387-3047.
(DeSousaCUP CONDFIN.DOC)
* Non-Standard Condition
JITION COMPLIANCE R .,:to ;E
FOR
LAND DISTURBANCE
This project may require land to be disturbed and/or grading to be conducted as part of the
development process. In many instances, reviewing agencies have imposed certain requirements on
your project that must be,completed prior to land disturbance and/or prior to grading. In order to ensure
compliance with these conditions, you are asked to obtain a release from the agencies that have
assigned pregrading/land disturbance requirements to your project.
A release must be obtained from the agencies circled below:
1. Environmental Health Services 5. Land Development Engineering/Roads
2. Fire Department/Hazardous Materials 6. Land Development Engineering/Drainage
3. Fire Department/Community Safety Building and Safety Division/Land Use Svcs. Dept.
.) Planning Division/Land Use Svcs. Dept. 8.
Coordinate the completion of all pregrading/land disturbance conditions and requirements with the
agencies identified above. After the requirements have been satisfied, obtain the signature of the
releasing authority, and return this form to the project planner. Allow at least ten (10) working days for
planner review. Upon verification that the requirements have been completed, your project will be
released for permit authorization.
FOR STAFF USE ONLY
The project referenced below is being reviewed to authorize the disturbance of land and/or issuance
of grading permits. If the pregrading/land disturbance conditions and requirements have been
completed, please release the project with your signature.
Signature Date Dept. Signature Date Dept.
(label) APN: 0298-221-36
APPLICA"'": S. 7.0'JSA CEVELOPMEMT
PROPO,ir.� r; -E r'ATiVE PARCEL:AAP 15925 TO CREATE TWO
PARCELS ON 3.10 ACRES
B)CONDITIONAL USE PERMIT TO ESTABLISH 16
RESIDENTIAL UNITS ON 2.7 ACRES
COMMUNITY: MENTONE/S-3
LOCATION: NICE AVENUE,NORTH SIDE.APPROX. 175'EAST OF
CRAFTON AVENUE
JCS/INDEX: 11377CF 1/E313-103/2002/TPM 159751TPM01
STAFF: Blron Bauer
REP('S): SILVESTRE(CY)ZERMENO
To Building and Safety: The Current Planning Divison verifies all land disturbance conditions and requirements arc
complete and grading permits may be issued.
I , ..,, q5.5., JITION COMPLIANCE Rr• JE
' )
FOR \
- ,
) .-: .
..„..A. BUILDING PERMITS ,/-Lf,•,..1
- - 1
This project requires building permits as part of the development process. In many instances,
reviewing agencies have imposed certain requirements on your project that must be completed prior to
issuance of those permits. In order to ensure compliance with these conditions, you are asked to
obtain a release from the agencies that have assigned prebuilding permit requirements to your project.
A release must be obtained from the agencies circled below:
0 Environmental Health Services 0 Land Development Engineering/Roads
2. Fire Department/Hazardous Materials 0 Land Development Engineering/Drainage
0 Fire Department/Fire Protection Planning (r) Building & Safety Div./Land Use Svcs. Dept.
CD Planning Division/Land Use Svcs. Dept. 0 57).6fr-vme,04 D/Vis/1,7 (9a9)387-"t1014
Coordinate the completion of all prebuilding permit conditions and requirements with the agencies
identified above. After the requirements have been satisfied, obtain the signature of the releasing
authority, and return this form to the project planner. Allow at least ten (10) working days for planner
review. Upon verification that the requirements have been completed, your project will be released for
permit authorization.
FOR STAFF USE ONLY
The project referenced below is being reviewed to authorize the issuance of building permits. If they
prebuilding permit conditions and requirements have been completed, please release the project with
your signature.
Signature Date Dept. Signature Date Dept.
(label) APN: 0298-221-36
APPLICANT: DE SOUSA DEVELOPMEMT
PROPOSAL: A)TENTATIVE PARCEL MAP 15925 TO CREATE TWO
PARCELS ON 3.10 ACRES
B)CONDITIONAL USE PERMIT TO ESTABLISH 18
RESIDENTIAL UNITS ON 2.7 ACRES
COMMUNITY: MENTONE/S-3
LOCATION: NICE AVENUE.NORTH SIDE,APPROX. 175'EAST OF
CRAFTON AVENUE
JCS/INDEX: 11377CF1/E313-103/2002(TPM15975/TPM01
STAFF: Biron Bauer
REP(S): SILVESTRE(CY)ZERMENO
To Building and Safety: Current Planning Division verifies all conditions and requirements are complete.
Building pemits may be issued.
Signature/Title Date:
e... ._.-, '. JI ivry �urnrLIANLt K�
,v. - )
, FOR�r,.t
' OCCUPANCY/USE
This project requires authorization to occupy and/or use the project. In addition to the final clearance
granted by Building and Safety, other reviewing agencies may have imposed certain requirements on
your project that must be completed prior to issuance of said clearance. In order to ensure compliance
with these conditions, you are asked to obtain a release from the agencies that have assigned pre-
occupancy/pre-use requirements to your project.
A release must be obtained from the agencies circled below:
Environmental Health Services 5. Land Development Engineering/Roads
2. Fire Department/Hazardous Materials a Land Development Engineering/Drainage
Fire Department/Fire Protection Planning 7. Building & Safety Div./Land Use Svcs. Dept.
® Planning Division/Land Use Svcs. Dept. 8.
Coordinate the completion of all pre-occupancy/pre-use conditions and requirements with the agencies
identified above. After the requirements have been satisfied, obtain the signature of the releasing
authority, and return this form to the project planner. Allow at least ten (10) working days for planner
review. Upon verification that the requirements have been completed, your project will be released for
permit authorization.
FOR STAFF USE ONLY
The project referenced below is being reviewed to authorize the occupancy/use of the proposal. If
the pre-occupancy/pre-use conditions and requirements have been completed, please release the
project with your signature.
Signature Date Dept. Signature Date Dept.
(label) APN: 0298-221-36
APPLICANT: DE SOUSA DEVELOPMEMT
PROPOSAL: T_NTA T 1VE PARCEL MAP 15925 TO CREATE TWO
3ARCELS ON 3.10 ACRES
8)CONDITIONAL USE PERMIT TO ESTABLISH 15
RESIDENTIAL UNITS ON 2.7 ACRES
COMMUNITY: MENTONE/S-3 .
LOCATION: NICE AVENUE.NORTH SIDE,APPROX. 175'EAST OF
CRAFTON AVENUE
JCS/INDEX: 11377CF 1/E313-103/2002,TPM15975frPM01
STAFF: 81ron Bauer
REP('S): SILVESTRE(CY)ZERMENO
To Building and Safety: The Current Planning Division verifies all conditions and requirements are complete.
i ?;oiect may be granted a final inspection and/or occupancy.
ega,
kinN 0:"
EXHIBIT B
THE LAND REFERRED TO IN THIS REPORT IS SITUA FED IN THE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO
AND IS DESCRIBED AS FOLLOWS:
PARCEL 2 OF PARCEL MAP NO, 15925.IN THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP
RECORDED IN BOOK 198.PAGES 91 AND 92 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
Recorded in Otticm necoras, buuury ul van 3:57 �"
LARRY WALKER BG
*vX Auditor/Controller — Recorder
Recording requested by P Counter
and when recorded mail to: Doc#: 2004-0898568 Titles: 1 Pages: 2
Fees 11.00
City Clerk Other 0.00
City of Redlands PAID0.00
$11.00
P. O. Box 3005
Redlands CA 92373
RELEASE OF AGREEMENT SECURING OBLIGATION TO ANNEX
In satisfaction of the performance by De Sousa Development and their successors in interest
hereinafter collectively referred to as "Developer," of all obligations undertaken by Developer
pursuant to that certain Agreement For Annexation and Provision For City Utility Services dated
May 24, 2004 and recorded in the Official Records of San Bernardino County, California on June
18, 2004, as Document No. 2004-0433399, hereinafter"Agreement,"
The City of Redlands does hereby remise,release and discharge all personal and real property
from any lien imposed thereon by the filing and recordation of said Agreement.
Executed this ind day of November, 2004.
Susan eppler, Mayor or the City of Redlands
ATTEST:
Lorri oyzer, City /of the City of Redlands
igi
(NOTARY ACKNOWLEDGMENT ATTACHED)
3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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