HomeMy WebLinkAboutMendocino County Fire Safe Council 2022-08-10 MENDOCINO COUNTY FIRE SAFE COUNCIL
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LANDOWNER ACCESS AGREEMENT: Environmental Assessment
L PURPOSE
This Landowner Access Agreement ("Agreement") is made and becomes effective on the last date signed
below ("Effective Date"), by and between the City Ukiah , 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:
see Exhibit# I ("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"_
I. GRANT OF LICENSE TO ENTER
Subject to the terms of this Agreement, Landowner hereby grants to MCFSC and its representatives, 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 MCFSC's Environmental Review
("Project"). Activities related to the Project include, without limitation, site visits, and work in and
around the Property for the purposes of conducting environmental assessment tasks with no disturbance
to the land ("Site Work") reasonably necessary for MCFSC to accomplish the Project objectives.
Ill. DURATION OF LICENSE AGREEMENT
The term of this Agreement and License granted hereunder shall commence on the Effective Date and
terminate on December 31, 2023. ("Term"), unless earlier terminated by the Parties. However, if the Site
Work has commenced, 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.
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.
V1. TERMINATION
Either Landowner or MCFSC may tenninate this Agreement at any time by providing S days' written
notice to the other Party. Notwithstanding the forgoing, Landowner may not terminate this Agreement
PO Box 263,Ukiah,CA 9%482-0263.707-462-3662•ndntinf(i f:resafewendocino.org•tirevafenzendncino.ot-g
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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, 2023.
V11. 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.
VII1. 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, shalt 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.
X1. FINAL AGREEMENT
This A�rccment supersedes all prior agreements and understandings between the Parties with respect to
the subject matter of this Agreement. By signing this Agreement, Landowner agrees to allow Site Work
on their Property for the benefit of the Project.
—Sage San iacomo 707-463 6201
Landowner's name (please print) Landowner's phone number
300 Seminary Ave, Ukiah,CA 95482 n moPcit3mfukiah.com
Landowner's street address Landowner's email
Aug 10, 2022
Landowner Signature Date
Project Manag FSC Date
PO Box 263,Ukiah,CA 95482-0263.707462-3662•ndmirra nresoifernendocino.org•firesnfe Inc ndocino.org
2022 CITY OF UKIAH Exhibit#1
Parcel-Information for Fuel Reduction Work
PARCELAPN OWNER LOCATION ?_ART TYPE DESCRIPTION
00102080 CITY OF 1043 LOW GAP RD Skate Park Shaded Fuel In 2019 was part of project to
UKIAH UKIAH CA 95482 Break create a 100 to 150-foot fuel break
adjacent to structures and critical
infrastructure to remove fuels and
00319003 CITY OF 415 SAN JACINTA DR Shaded Fuel reduce fire spread intensity on the
UKIAH UKIAH CA 95482 Break west side of Ukiah,CA on private,
city and county properties.
Methods will include,but not
00103001 CITY OF Golf Course Front Nine Shaded Fuel limited to,create a fuel break to
UKIAH Break reduce fire danger by removing
chaparral,hazard trees,ground
fuels,ladder fuels,dead and down
vegetation,and thin trees in areas
00102078 CITY OF Golf Course Back Nine Shaded Fuel of vegetation congestion power
UKIAH Break tools and mechanized equipment
Debris material may be chipped or
burned.
00109001 CITY OF Golf Course Club House Shaded Fuel
UKIAH Break
00102012 CITY OF Low Gap Park Shaded Fuel
UKIAH Break
Redwood Ave CITY OF Redwood Ave,Upper Upper Fire Break, Part of project in 2015 and 2019 to
Parcel 8 et al UKIAH VMP,Shaded construct,maintain and improve
Fuel Break ridgetop fire breaks on the west
side of Ukiah and aid in the
completing prescribed burning and
Redwood Ave CITY OF Redwood Ave,east of Upper reduce risk of catastrophic fire
Parcel UKIAH Galtieri
Work will be a combination of
improving and maintaining fuel
breaks,bulldozer-line fuel breaks
and using prescribed broadcast
Redwood Ave CITY OF Redwood Ave,2019 New Hull burning to reduce fire hazard.The
Parcel 10 UKIAH bumsite work will be completed with hand
tools,power tools and mechanized
equipment.
FSC Hills Ukiah City Parcel Info.xlsx