HomeMy WebLinkAboutNix, Jim 2011-10-25City c)f 'U vah
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK,
AND INDEMNITY CONTRACT
THIS IS A CONTRACT. SIGNING THIS CONTRACT AFFECTS IMPORTANT LEGAL RIGHTS.
READ IT CAREFULLY
The City of Ukiah will reimburse Jim Nix ("Nix") a sum of money not to exceed $800 to
perform the work ("the Work") on Nix property within the City of Ukiah's road easement,
as described in the document, dated October 24, 2011, entitled: "Regarding: Grading
work on the Old Fish Hatchery Road," which Work has been designed and proposed by
Nix and not independently investigated by City.
The City will make payment to Nix within fifteen (15) days of its receipt of an invoice
from Nix certifying that the work has been completed as described in the attached.
In consideration of the reimbursement, as described above, Nix hereby agrees as
follows.
1. Nix waives any claim he may have against the City and releases the City from any liability for
damages he may suffer as a result of his performance of the Work, even if the claim is based on the
negligence or gross negligence of the City or a dangerous condition of public property. This includes
claims for personal injury, death or property damage. Nix provides this waiver and release on his
behalf and on behalf of his heirs, successors or assigns. As used in this waiver, release and
indemnity agreement, the reference to "City," includes the City of Ukiah and its officers, employees,
volunteers and agents and any acts or omissions by any of them.
2. Nix acknowledges that the performance of the Work entails known and unanticipated risks that
could result in physical or emotional injury, paralysis, death, or damage to persons or property. He
hereby assumes the risk of, and responsibility for, any such injury, death, or damage arising out of or
in any way connected with the Work, including injury, death or damage resulting from any acts or
omissions, whether negligent or not, by or on behalf of the City.
3. Nix agrees not to sue the City based on any claim waived and released herein. He also
agrees to indemnify the City against any such claim, any such claim by a third party, and any costs or
expenses incurred by the City to defend itself against any such claim. These expenses include
litigation-related expenses, such as, but not limited to, the fees of attorneys, investigators,
consultants, experts, and expert witnesses.
4. This contract will continue in effect after the conclusion of the Work.
6. This contract may only be changed by a written amendment signed by an authorized
representative of the City and by Nix.
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7. This contract is intended to be as broad as the law permits. If any portion of this contract is
determined by a court to be invalid, the rest of the contract will continue in effect.
I HAVE CAREFULLY READ THIS CONTRACT AND UNDERSTAND ITS CONTENTS. I AM AWARE
THAT THIS CONTRACT IS A RELEASE, WAIVER OF LIABIITY, ASSUMPTION OF RISK AND
INDEMNITY CONTRACT AND I SIGN IT FREELY AND VOLUNTARILY.
Signature:
Date:
Nix
City of 6%dh
By: 64, Ll-
n, Chambers, City Manager
64
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