agrees to hold and save harmless the Government from all liability for any
damage or loss whatsoever that may occur during or after performance of the
Government’s Debris and Hazardous Tree Removal activities. Please also see
sections 10 and 11, below. Owner therefore waives any claims or legal action
against the Government. This indemnification is required by state and federal
law, including the California Emergency Services Act, California Government
Code section 8655, California Code of Regulations, Title 19, section 2925, and
the Stafford Act, 42 United States Code, sections 5148 and 5173. Nothing in this
section impacts the Owner’s right to pursue claims with insurance companies
under their applicable insurance policy or policies.
Owner agrees that the methodology for identifying and removing hazard trees,
and other debris material, and the selection of personnel to identify hazard trees
and other debris material, shall be at the sole discretion of the Government and
Owner expressly waives and releases any claims in that regard. Owner
expressly waives his or her rights to bring proceedings in law or equity against
the Government with respect to the identification and/or removal of hazard trees
and other debris material.
7. Foundations: In order to participate in this program, Owner must allow
removal of all foundations from the subject Property. Stem walls and retaining
walls may be left on a case-by-case basis, as approved by the State. Owner
acknowledges and understands that the removal of a foundation may leave a
depression in the ground, and that it is Owner’s responsibility to fill any
depression(s) following the removal of a foundation.
8. Soil Sampling: Debris removal includes taking soil samples in the debris
footprint to ensure that all contaminants have been removed. If initial soil
samples do not meet the cleanup goals for this project, then additional soil will
be removed from the debris footprint and more soil samples will be taken.
Owner acknowledges and hereby authorizes the Government to remove
enough soil to ensure cleanup goals have been met. Owner acknowledges this
may leave a depression on the Property and that it is Owner’s responsibility to fill
any depression left on the Property.
9. Markings of Infrastructure Facilities: Owner agrees to make their best efforts to
mark subgrade utility lines (sewer, water, electricity, gas, cable, etc.), and to
mark the location of septic tanks, leach fields, water wells, hand dug
wells/cisterns, or other subgrade structures. Owner should carefully complete the
attached Property Information Form and append any maps, diagrams, or
legible notes that may be useful to the Government’s contractor in locating
subgrade structures and instructing the crews which items the Owner may want
to remain on the Property following Debris and/or Hazard Tree Removal. The
Government will endeavor to avoid all marked structures, however, Owner