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AGREEMENT
BETWEEN THE CITY AND
THE PRIVATE
PROPERTY OWNER TO
allow
INSTALLATION OF
erosion COntrol Measures
The City of San Diego [City] will enter onto
private property to implement mitigation measures to protect property
against soil erosion as a result of the 2003 Firestorm. The City will
make every effort to secure the health, safety and property of its
citizenry.
In order to expedite the installation of erosion
controls on private property, the City will provide to the owner(s) of
the Property [Property Owner(s)] installation of sand bags, hydraulic
mulch and other similar erosion control measures [Measures] at no cost
in accordance with the terms and conditions of this Agreement. If the
Property Owner(s) reject(s) the City's offer to install such Measures
the Property Owner(s) must personally secure their property.
To take advantage of the City's offer at no
expense to the Property Owner(s), the Property Owner(s) must return to
the City an original copy of this Agreement, with authorized
signatures from all Parties who have an ownership interest in the
Property, to [*Insert applicable City address*] as soon as
possible and in no event later than 10 days after receipt.
The City may, in its sole discretion, accept the completed Agreement
after the ten days have elapsed. If the Property Owner(s) accept(s)
the City's offer, and the completed Agreement is accepted by the City,
then the Property Owner(s) agree(s) as follows:
1. Right to Enter. Property
Owner(s) authorize(s) the City, its officers, agents, employees, and
independent contractors to enter upon the Property (APN#
[*Insert APN#*] ) [Right of Entry] for the purpose of
implementing Measures. This Right of Entry is limited in time and
shall automatically expire three hundred and sixty-five (365) days
from the date of entering onto this Agreement. This time limit does
not extend to the entire Agreement.
2. Damage or Injury During
Construction. Property Owner(s) shall not be responsible for any
damage to equipment or injury to the City's officers, agents,
employees, or independent contractors incurred in implementation of
these Measures except as caused by Property Owner(s') negligence or
willful misconduct.
3. City Inspection of Work.
Property Owner(s) shall allow City representatives to have reasonable
access to the Property to verify that the erosion controls have been
implemented and completed. The Property Owner(s) agree(s) that the
City's approval is general approval only and that the Property Owner(s)
are solely responsible for complying with all applicable laws and
codes.
4. Work Site Access and Condition.
The City will be allowed both pedestrian and vehicular access to the
Property after working hours and as much as practical during working
hours (7 a.m. to 3:30 p.m.). The City will be required to keep the
work site clean and free from rubbish and debris through all phases of
the implementation Upon completion of the work, the City will remove
all equipment, materials, and debris from the work site.
5. Maintenance Obligations. Upon
completion of implementation of the Measures, the Property Owner(s)
shall bear full responsibility for any and all maintenance of the
erosion Measures. In addition, the Property Owner(s) shall bear full
responsibility for any and all repairs of the property any and all
equipment, facilities, and/or appurtenances including, but not limited
to, anything related to the erosion control Measures
6. Liability After Completion.
Upon completion, the Property Owner(s) shall release and agree to hold
the City harmless from any and all liability for any damages caused or
claimed to be caused by the design, maintenance, repair or presence of
erosion control Measures and from any liability or claims by any
person arising from any conditions discovered at the Property or
arising as a result of work performed at the Property by the City
related to the subject matter of this Agreement. Under no
circumstances shall the City be liable for any losses or damages to
any person or entity, however caused, relating in any way to the
erosion control Measures.
7. Counterparts. This Agreement
may be executed in several counterparts. All counterparts collectively
constitute one Agreement that is binding on all of the parties to this
Agreement even though each of the signatory parties may have executed
separate counterparts.
8. Authority to Execute. The
parties signing this Agreement represent and warrant that they are
legally authorized and competent to execute this Agreement.
9. Entire Understanding. This
Agreement constitutes the entire agreement between the parties, and
supersedes any and all prior understandings, representations,
warranties and agreements on the subject of this Agreement. This
Agreement will expire in 10 years from the date of execution.
IN WITNESS WHEREOF, this Agreement is executed
by The City of San Diego, acting by and through its Engineering and
Capital Projects Director, pursuant to the City Manager's delegation
in accordance with San Diego City Charter section 28 authorizing such
execution, and by the Property Owner(s).
THE CITY OF SAN DIEGO
Dated:
By:
Frank Belock, City Engineer
and Director, Engineering &
Capital Projects Department
PROPERTY OWNER(S)
Dated:
By:
o
Individual
o
Trustee
o
Other/Specify:
(Please Check Only One Box )
Print Name/Title (if applicable)
Dated:
By:
o
Individual
o
Trustee
o
Other/Specify:
(Please Check Only One Box)
Print Name/Title (if applicable)
Print Name of Trust, Corporation, or other
Entity
Holding Property (if
applicable):
Property Owner(s) Telephone
Number:
I HEREBY APPROVE the form and legality of the
foregoing Agreement this day of
, 20 .
CASEY GWINN, City Attorney
By:
Deputy City Attorney
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