(CITY ATTY: 11-24)
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CITY OF CORONA
WATER METER REPLACEMENT PROGRAM
WAIVER & RELEASE (STANDARD FORM)
Read first. The City is replacing the water meter that serves the real property referenced below (“Meter Replacement”). The City has discovered that the private water service line connected to the water meter at the real property referenced below is composed of galvanized material and shows significant signs of corrosion and deterioration, which creates an elevated risk of failure or leaks in the private water service line during or following the meter replacement. In consideration of the City proceeding with the Meter Replacement at the real property identified below, the below noted person (“Property Owner”), who is the record owner of the real property referenced below, submits this Waiver & Release (“Release”) and intends that it be a full, final and enforceable release for the benefit of the City as specified herein.
PROPERTY OWNER INFORMATION
NAME OF PROPERTY OWNER PHONE NUMBER
EMAIL ADDRESS
ADDRESS CITY STATE ZIP
TERMS
DEFINITIONS: The term “City” shall mean the City of Corona as itself or in another capacity (such as the Corona Utility Authority, Corona Housing Authority or Successor Agency to the Redevelopment Agency) and its community sponsors or partners, as well as each of their officials, officers, employees, agents, contractors, volunteers, successors and assigns. The term “Property Owner Releasors” shall mean the Property Owner and Property Owner’s personal representatives, heirs, next-of-kin, employees, agents, successors and assigns. The term “City Releasees” shall mean the City of Corona and its officials, officers, employees, agents, contractors, volunteers, successors and assigns. The term “Meter Replacement” shall mean the replacement of the water meter by the City, at City expense, that is located on public property and serves the above referenced real property. The term “Private Water Service Line” shall mean all pipes and fixtures, including the gate valve or ball valve, connected and providing water service to the above referenced real property that extend or are located between the water meter and any structures on the above referenced real property.
ACKNOWLEDGEMENT: Property Owner understands, acknowledges and agrees that: (1) pursuant to Corona Municipal Code §13.14.090, the Property Owner is responsible for maintenance and repair of all Private Water Service Lines; (2) City, or City’s authorized contractor, shall complete the Meter Replacement; (3) if, within seven (7) calendar days of the completion of the Meter Replacement, Property Owner discovers and notifies the City of any leaks in the Private Water Service Line, the City or its authorized contractor shall repair any leaks occurring in the first twenty-four inches (24”) of the Private Water Service Line between the water meter and the above referenced real property; (4) any leaks or other failures in the Private Water Service Line beyond the first twenty-four inches (24”) between the water meter and the above referenced real property shall be the Property Owner’s sole responsibility, regardless of when such leak or failure is discovered; (5) any leaks or failures in the first twenty-four inches (24”) of the Private Water Service Line between the water meter and the above referenced real property that are discovered or reported to the City more than seven (7) days after the completion of the Meter Replacement shall be the Property Owner’s sole responsibility; (6) Property Owner has freely and voluntarily chosen to proceed with the Meter Replacement, understanding that there are known and unknown inherent risks and understanding that Property Owner will be subjected to the risk of personal injury, death or property damage arising from or connected with such known and unknown risks; and (9) as consideration for proceeding with the Meter Replacement, Property Owner knowingly and voluntarily accepts all known and unknown risks associated with the Meter Replacement.
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WAIVER & RELEASE: As consideration for the City proceeding with the Meter Replacement, Property Owner, on behalf of himself or herself and the Property Owner Releasors, hereby releases, waives, discharges, and covenants not to sue the City Releasees from and for any and all liability for any loss or damage to the Property Owner, the Property Owner Releasors, or any other property or person, including third parties, and from and for any claims or demands related to any loss, damage, cost or injury, including wrongful death, to any property or persons, including without limitation the person or property of the Property Owner, the Property Owner Releasors or any other person or third party, whether directly or indirectly caused by any known or unknown act, omission or willful conduct of the Property Owner, the Property Owner Releasors, the City Releasees, or any other person or third party which is in any way related to the Meter Replacement. It is understood and agreed that all rights under Section 1542 of the California Civil Code and any similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING
PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.
INDEMNITY: As consideration for the City proceeding with the Meter Replacement, Property Owner, on behalf of himself or herself and the Property Owner Releasors, hereby agrees to defend, indemnify and save and hold free and harmless the City Releasees from any and all liability from loss, damage, cost or injury, including wrongful death and including without limitation the payment of attorneys' fees, to any property or persons, including third parties, in any manner arising out of or incident to any acts, omissions or willful misconduct of Property Owner or the Property Owner Releasors in any way related to the Meter Replacement. The Property Owner shall defend, at Property Owner’s own expense, including attorneys' fees, the City Releasees in any action or proceeding, legal, administrative or otherwise, based upon such acts, omissions or willful misconduct.
APPROVAL & EXECUTION
BY EXECUTING BELOW, PROPERTY OWNER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT: (1) PROPERTY OWNER HAS READ, UNDERSTANDS AND VOLUNTARILY SIGNS THIS RELEASE; (2) THIS RELEASE IS INTENDED TO BE CONTRACTUAL AND NOT A MERE
RECITAL, SHALL BE INTERPRETED AND APPLIED AS BROAD AND INCLUSIVE AS IS
PERMITTED BY FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS, AND THAT
IF ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT; (3) VALUABLE LEGAL RIGHTS ARE BEING GIVEN UP BY EXECUTING THIS RELEASE; (4) PROPERTY OWNER HAS
EITHER HAD THE ASSISTANCE OF LEGAL COUNSEL IN THE REVIEW OF THIS RELEASE OR
COULD HAVE HAD SUCH ASSISTANCE AND VOLUNTARILY DECLINED TO OBTAIN SUCH ASSISTANCE; (5) THIS RELEASE SHALL BE BINDING UPON THE PROPERTY OWNER AND THE PROPERTY OWNER RELEASORS; (6) IF ANY ACTION AT LAW OR IN EQUITY, INCLUDING AN
ACTION FOR DECLARATORY RELIEF, IS BROUGHT TO ENFORCE OR INTERPRET THIS
RELEASE, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER SUCH AMOUNT AS THE COURT MAY AWARD AS REASONABLE ATTORNEY’S FEES AND COSTS; (7) THIS
RELEASE IS THE ENTIRE UNDERSTANDING WITH THE CITY AND NO WRITTEN OR ORAL
REPRESENTATIONS, STATEMENTS OR INDUCEMENTS, APART FROM THE FOREGOING
WRITTEN PROVISIONS, HAVE BEEN MADE TO INDUCE PROPERTY OWNER TO EXECUTE THIS RELEASE.
SIGNATURE OF PROPERTY OWNER DATE