right of entry application

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Many of the damaged trees are adjacent to homes recently repaired and the cost of remediation has exceeded the resident’s capacity to remove the trees. Mayor Sarno has established a $100,000 fund in the Fiscal year 2015 budget to address the challenge of tree removal.

TRANSCRIPT

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    File #_______

    RIGHT OF ENTRY ON PRIVATE PROPERTY

    GRANTED TO THE CITY OF SPRINGFIELD, MASSACHUSETTS AND OTHER AUTHORIZED PARTIES

    FOR TORNADO-RELATED DISASTER ASSISTANCE TREE DEBRIS and/or DAMAGED TREE REMOVAL

    Property address:___________________________________________________________________________

    Owner:____________________________________________________________________________________

    Age of structure/property: ___________________________________________________________________

    Historical: Yes / No (circle one)

    Underground storage/Utilities marked/identified: Yes / No (circle one)

    Pools/SPA/Basement:_______________________________________________________________________

    Environmental:_____________________________________________________________________________

    Insurance Company and Policy number:________________________________________________________

    Declarations page for any property insurance in place and effect on 06/01/2011: Yes / No (circle one)

    Affidavit of No Insurance Attached: Yes / No (circle one)

    Notarized Copy of Deed Attached : Yes / No (circle one)

    1) The undersigned hereby certifies and warrants that (he/she/they) (is/are) the owner(s) of the

    property described in this document, and do hereby request aid in removing tree debris and/or

    damaged tree(s) to prevent further damage to (my/our) property, a dwelling unit or structure and/or

    to the public at large and therefore give freely and without coercion, and the undersigned

    unconditionally authorize(s) the City of Springfield, Massachusetts, its officials, employees,

    contractors and subcontractors, successors and assigns, the United States of America and its assigns,

    including but not limited to any Federal, State and local agencies, their employees, officials,

    contractors and subcontractors (collectively referred to as the Authorized Parties), to have the

    right of access and to enter in and onto the property located as identified above for the purpose of

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    removing and clearing any or all tornado generated tree debris and damaged trees of whatever

    nature from the above described property.

    2) I/we fully understand that only tree debris and/or damaged trees in the tornado zone on non-

    commercial properties are eligible for this grant and that said removal activities that exceed

    $2,500.00 will not be eligible for this grant. I/we also fully understand that only non-viable trees that

    are/were severely storm damaged by the June 1, 2011, tornado and pose a significant threat to the

    public safety and/or an immediate threat to a structure or dwelling are eligible for this grant.

    3) I/we fully understand that this right of entry is not an obligation to perform tree debris and/or

    damaged tree clearance and/or removal. The owner(s) agree(s) that the City and other Authorized

    Parties, and their respective employees, officials, contractors and subcontractors, and other

    representatives, successors and assigns, shall in their sole discretion determine whether to

    undertake, and if undertaken, to determine the extent and nature of the actions to be taken to

    accomplish, the tree debris and/or damaged tree removal and clearing activities.

    4) I/we fully understand that in order to determine if the City or other Authorized Parties shall

    undertake to perform the tree debris and/or damaged tree clearance and/or removal the

    undersigned unconditionally authorize(s) the City or other Authorized Parties to have the right of

    access and to enter in and onto the property located as identified above for the purpose of

    evaluating the tree debris and/or damaged tree(s) to confirm their eligibility, their location in the

    tornado zone, to determine the existence of underground and/or above ground utility lines, fences,

    landscaping, etc and to determine the total cost of said removal.

    5) I/we fully understand that if the City or other Authorized Parties determine that tree debris and/or a

    damaged tree(s) shall be removed from your property that said tree debris and/or damaged tree

    removal shall include ONLY the removal of tree debris and/or damaged tree(s) to stump but will NOT

    include stump grinding, mulching, top soil, loam or any final clean-up such as raking, seeding, etc. All

    such activities will be the responsibility of the homeowner.

    6) I/we fully understand that if the City or other Authorized Parties determine that the tree debris

    and/or damaged tree(s) are eligible for removal, it will be the owners responsibility to provide

    property access to the location including, but not limited to, the removal and replacement of gates,

    fences, shrubbery, furniture, grills, etc. and any other obstacle preventing proper access. Further, if

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    equipment is required to remove the tree debris and/or damaged trees it will be the homeowners

    responsibility to restore any lawn areas damaged by said equipment and or tree removal.

    7) It is the owners responsibility to mark locations on the property of any utility lines including water,

    sewer, and natural gas either above ground or underground.

    8) Additionally the undersigned property owner agrees to indemnify and hold harmless the City, the

    United States, and any other Authorized Parties, for any damage or injury of any type whatsoever to

    the above-described property or to persons or personal property and fixtures situated thereon, and

    hereby releases, discharges, and waives any and all actions, either legal or equitable, which the

    undersigned owner has, or ever might or may have in the future, by reason of any action taken by

    the City, the United States, and/or any of the Authorized Parties, to accomplish tree debris and

    damaged tree clearance and removal activities.

    9) The undersigned owner(s) warrant(s) that is (has/has not) receive(d) any compensation for

    performance of the debris clearance activities from any other source including the U.S. Small

    Business Administration, Natural Resources Conservation Service, private insurance, individual and

    family grant program or any other public assistance program. (Please attach a copy of the

    declarations page for any property insurance in place and effect on June 1, 2011; if no insurance was

    in effect kindly include an affidavit of no insurance).

    10) In the event the City or other Authorized Parties undertake to perform tree debris and/or damaged

    tree removal activities, and if the undersigned and/or any other owner of the property receive(s)

    compensation from any source for debris and wreckage clearance and removal on the property, the

    undersigned and any other property owner will report the same to the City, and will be responsible

    to reimburse the cost of such tree debris and/or damaged tree clearance and removal activities from

    such insurance proceeds.

    11) The undersigned represents and warrants that (he/she/they) (has/have) full legal power and

    authority to execute and fully perform the obligations under this Right of Entry without the need for

    any further action, or that (he/she/they) (is/are) the duly appointed agent(s) of the owner, and that

    (he/she/they) (has/have) full power and authority to execute and fully perform the obligations

    under this Right of Entry without the need for further action. (please attach a notarized copy of the

    deed to the property at which the services are being requested).

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    For the considerations and purposes set forth herein, (I/we) hereby set (my/our) hands and seals on this ________

    day of __________________, 2014.

    Signed: Signed: _________________________________________ _________________________________ Property Owner or Authorized Agent Witness

    Print Name:________________________________ Date signed: _____________________

    Current Telephone Number: ______________________________________

    Current Address: ________________________________________________________________

    Signed: Signed:

    _________________________________________ _________________________________

    Property Owner or Authorized Agent Witness

    Print Name: ________________________________ Date signed: _____________________

    Current Telephone Number: _______________________________________

    Current Address: _________________________________________________________________

    Please return this form and supporting documentation to:

    Springfield Department of Public Works Engineering Division Attn: Pat Garrity 70 Tapley Street Springfield, MA 01104 For Internal Use Only: GIS/Assessors Office Info:__________________________________________________

    GPS location: Longitude:___________________ Latitude: _____________________