HomeMy WebLinkAboutMendocino County Fire Safe Council 2020-06-02410 Jones Street, Suite C-3, Ukiah, CA v (707) 462-3662 v www.firesafemendocino.org
LANDOWNER ACCESS AGREEMENT
MENDOCINO COUNTY FIRE SAFE COUNCIL
Ukiah Valley Fire Fuels Reduction Project 2020-2021
I. PURPOSE
This Landowner Access Agreement (“Agreement”) is made and becomes effective on the last
date signed below (“Effective Date”), by and between _________________, hereinafter called
“Landowner,” and the Mendocino County Fire Safe Council (hereinafter “MCFSC”).
Landowner is the fee owner of, or has a beneficial interest in, that certain real property located
at: __________________________ (“Property”). The Project (defined below) is located near
Ukiah, CA. Landowner and MCFSC are sometimes hereinafter individually referred to as a
“Party” and jointly as the “Parties”.
II. GRANT OF LICENSE TO ENTER
Subject to the terms of this Agreement, Landowner hereby grants to MCFSC and its
representatives, including without limitation the Mendocino County Resource Conservation
District (“MCRCD”) and subcontractors, at the sole cost, expense, and risk of MCFSC, a license
to enter upon the Property (“License”) for the limited purpose of conducting activities related to
the 2020-2021 Ukiah Valley Fire Fuels Reduction Project (“Project”). Activities related to the
Project include, without limitation, site visits, and work in and around the Property for the
purposes of conducting vegetation management tasks (“Site Work”) reasonably necessary for
MCFSC to accomplish the objectives of the Project.
III. DURATION OF LICENSE AGREEMENT
The term of this Agreement and the License granted hereunder shall commence on the Effective
Date and terminate on December 31, 2021 (“Term”), unless earlier terminated by the Parties.
However, if the Site Work has commenced, then the Agreement shall terminate upon completion
of the Site Work in accordance with this Agreement. This Agreement may only be amended by
written agreement of the Parties.
the City of Ukiah
2300 Vichy Springs Road
COU No. 2020-259
To inform, empower, and mobilize county residents to survive and thrive in wildfire prone
environments.
410 Jones Street, Suite C-3, Ukiah, CA v (707) 462-3662 v www.firesafemendocino.org
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IV. INDEMNIFICATION
Reasonable precautions will be undertaken by MCFSC and each of its respective subcontractors,
and representatives in the exercise of the rights granted under this Agreement to avoid damage to
persons and property. To the fullest extent permitted by law, the MCFSC hereby agrees to
indemnify and hold harmless the Landowner against, and will hold and save Landowner
harmless from, any and all actions, either judicial, administrative, arbitration or regulatory
claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or
liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or
claimed by any person, firm or entity arising out of or in connection with or arising from the
gross negligence or willful misconduct of MCFSC, its officers, employees, agents,
subcontractors, invitees, or any individual or entity for which MCFSC is legally liable
(“indemnitors”) in the performance of the Site Work, operations or activities provided herein,
except claims or liabilities occurring as a result of Landowner’s sole negligence or willful acts or
omissions.
V. ASSIGNMENT AND SURVIVAL
This Agreement shall be binding on Landowner’s successors and assigns for the duration of the
Agreement Term.
VI. TERMINATION
Either Landowner or MCFSC may terminate this Agreement at any time by providing written
with 5 days notice of such election to terminate to the other Party. Notwithstanding the forgoing,
Landowner may not terminate this Agreement once Site Work has commenced. Upon
completion of the Site Work in accordance with MCFSC’s standards and to its satisfaction, this
Agreement shall terminate automatically and shall not extend beyond December 31, 2021.
To inform, empower, and mobilize county residents to survive and thrive in wildfire prone
environments.
410 Jones Street, Suite C-3, Ukiah, CA v (707) 462-3662 v www.firesafemendocino.org
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VII. NOTICES
Any notices, demands, or communications under this Agreement between the Parties shall be in
writing, and may be given either by (i) personal service, (ii) overnight delivery, or (iii) mailing
via United States mail, certified mail, postage prepaid, return receipt requested (“US Mail”),
addressed to each Party as set forth on the signature page of this Agreement or such other
address as may be furnished in writing by a Party, and such notice or communication shall, if
properly addressed, be deemed to have been given as of the date so delivered, or three (3)
business days after deposit into the US Mail.
VIII. SEVERABILITY
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or
unenforceable, then this Agreement, including all of the remaining terms, shall remain in full
force and effect as if such invalid or unenforceable term had never been included.
IX. GOVERNING LAW
This Agreement shall be construed and enforced in accordance with the laws of the State of
California. If any legal action is necessary to enforce the terms and conditions of this Agreement,
the parties agree that a court of competent jurisdiction in Mendocino County shall be the sole
venue and jurisdiction for the bringing of such action.
X. LEGAL FEES AND COSTS
In the event of any litigation or other legal proceeding including, but not limited to, arbitration or
mediation between the Parties arising from this Agreement, the prevailing Party will be entitled
to recover, in addition to any other relief awarded or granted, its reasonable costs and expenses
(including attorney’s fees) incurred in the proceeding.
XI. FINAL AGREEMENT
This Agreement supersedes all prior agreements and understandings between the Parties with
respect to the subject matter of this Agreement.
To inform, empower, and mobilize county residents to survive and thrive in wildfire prone
environments.
410 Jones Street, Suite C-3, Ukiah, CA v (707) 462-3662 v www.firesafemendocino.org
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XII. NO WAIVER
The failure of a Party to enforce any term, covenant, or condition of this Agreement shall not be
construed as a waiver of that Party’s right to enforce this, or any other, term, covenant, or
condition of this Agreement at any later time or as a waiver of any term, covenant, or condition
of this Agreement.
XIII. NO THIRD PARTY BENEFICIARIES
This Agreement is only between the Parties, and is not intended to be nor shall it be construed as
being for the benefit of any third party.
XIV. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original but all of which shall be deemed but one and the same instrument, and a facsimile
copy of such execution shall be deemed an original.
By signing this Agreement, Landowner agrees to allow Site Work on their Property for the
benefit of the Project.
Landowner’s name (please print):
Landowner’s street address:
Landowner’s phone number:
Landowner’s email:
Scott Cratty Landowner Signature
MCFSC Executive Director
Date: Date:
City of Ukiah
300 Seminary Ave., Ukiah, CA 95482
707.463.6200
tboyl@cityofukiah.com
06/02/2020