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MARION COUNTY RIGHT OF ENTRY PERMIT - Hazardous Tree Removal Permit Along County-Maintained Roadways

What this Permit Does:
  1. By signing this permit you allow emergency Assistance Providers the right to enter your property to inspect, clear, or remove trees damaged by the Holiday Farm Fire that are within 1.0 tree lengths from a County-maintained road right-of-way and pose a potential danger to road users.  
  2. You agree to give up any right to sue or make a claim for damages against the Assistance Providers for any resulting damage. 
  3. You agree to make, or allow the Assistance Providers to make an insurance claim to reimburse the Assistance Providers for covered services provided to you. 
  4. You authorize your insurance carrier to provide policy and claim information to the Assistance Providers relating to your claim for the coverage of debris removal services. 
  5. All personal information will be removed from any documentation prior to being sent to any federal government or agency. 
*This summary is subject to the full descriptions provided below.
Grant of Right of Entry:  By signing below the property Owner, tenant, or authorized agent collectively (“Owner”), hereby unconditionally authorizes the Assistance Providers (Marion County, the State of Oregon, the United States of America including the Federal Emergency Management Agency (FEMA), and their respective assigns, employees, agents, and contractors) to have the right of access and to enter in and onto the property, and all related appurtenances thereto described below for the purpose of performing work described below in “Scope of Work” resulting from the declared emergency due to the September 2020 wildfires at no up-front expense to Owner which may threaten public health or safety or public property. It is fully understood that this Permit does not create any obligation on the part of the Assistance Providers to perform inspections, remove debris, and undertake emergency protective measures to the Property. Owner understands that no work will be performed until this Permit is completed in full. If Owner is a landlord, Owner agrees that Assistance Providers will be acting as landlord’s agent for purposes of ORS 90.322 and ORS 90.727. Owner understands that participation in this program will not operate to either require or prohibit County from later deeming a condition remaining on the property a public nuisance.
Time Period:  The Permit shall expire the earlier of either: when the tree removal work is complete; or, 2 years after this form is signed; unless it is cancelled sooner than that according to the terms herein. The Assistance Providers – Indemnification – Hold Harmless provisions, once signed, survive the termination of the Permit.
Scope of Work and Disclosures:  Removal or clearing of wildfire generated hazardous trees that pose a risk to a County-maintained road right-of-way up to a maximum of 1.0 tree lengths from the road right-of-way and/or inspections necessary to assess damage and scope necessary to complete the aforementioned work. By signing this PERMIT, Owner acknowledges that none, some, or all of the following work may be performed pursuant to this PERMIT and FEMA policy. Owner understands and accepts that the entity performing hazard tree removal on behalf of the Assistance Providers will determine on a case-by-case basis what qualifies as a “hazard tree” to be removed from the site pursuant to the removal program.
Assistance Providers - Indemnification - Hold Harmless:  The Owner acknowledges that the Assistance Providers’ decisions on whether, when, where, and how to provide disaster relief to Owner's property are discretionary functions. Additionally, the undersigned hereby indemnifies and holds harmless the Assistance Providers against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics’ liens or other liens, labor disputes, losses, damages, expenses, personal injury, death, and charges or costs of any kind or character, including attorneys’ fees and court costs (hereinafter, collectively referred to as “Claims”), as well as any and all actions, either legal or equitable, which the undersigned has, or that might arise, of any nature whatsoever and by whomever made, or may have, by reason of or incident to any decision or action of aforesaid Assistance Providers taken or not taken in connection with entry onto the Property or to accomplish the aforementioned work.
Duty to Apply for Insurance Benefits:  I understand that Federal law (42 U.S.C. § 5155) requires me to reimburse the Assistance Providers the cost of removing wildfire generated debris to the extent covered by any other source including FEMA, Small Business Administration, private insurance, or any other public assistance program. At the sole discretion of the Assistance Providers, Owner shall either:
(a) Make a claim against any applicable insurance policy related to the work performed by the Assistance Providers under this PERMIT for hazard tree removal and reimburse the Assistance Providers within thirty (30) calendar days of receipt of any such insurance proceeds for the cost of the work performed by the Assistance Providers under this PERMIT for hazard tree removal; or
(b) Assign to one or more of the Assistance Providers the right to make a claim against any applicable insurance policy and the right directly to receive payment for that claim. Owner shall provide notice of this assignment to all applicable insurers.
Release of Insurance Policy and Claim Information:  Owner acknowledges that an insurance claim has been, or will be, presented to Owner’s insurance company as a result of the declared emergency for the losses and damages occurring at the property listed above. The Owner authorizes the insurance carrier to provide policy and claim information to the Assistance Providers, or assigns, relating to the coverage of hazard tree removal services for the declared September 2020 wildfires emergency only. 
Authority to Sign:  Owner represents and warrants that Owner has full power and authority to execute and fully perform Owner’s obligations under this PERMIT, including but not limited to any further action, notice to, or approval from any co-owner(s), leaseholder(s), tenant(s), lender(s), or lienholder(s), and any person(s) executing this Permit on behalf of the Owner(s) is the duly designated agent(s) of the Owner(s) and is authorized to do so, and that fee title to the Property vests solely in Owner(s). If this PERMIT is executed by anyone other than Owner(s), it will be accompanied by written authorization signed by Owner(s). If Owner is an entity, Owner also represents and warrants that Owner has such power and authority pursuant to its governing instruments, without the need for any further action, and that the person(s) executing this PERMIT on behalf of Owner are the duly designated agents of Owner and are authorized to do so. Owner expressly represents and warrants that fee title to the Premises is vested solely in Owner.
Property Access:  This PERMIT includes the right of ingress and egress on other lands of the Owner not described above, provided such ingress and egress is necessary and not otherwise conveniently available to the Assistance Providers. All tools, equipment, and other property taken upon or placed upon the property by the Assistance Providers shall remain the property of the Assistance Providers and may be removed by the Assistance Providers at any time within a reasonable period after the expiration of this PERMIT, if necessary. 
Duty of Truthfulness:  Owner understands that any individual who fraudulently or willfully misstates any fact in connection with this PERMIT shall be subject to a fine as provided under 18 U.S.C. § 1001 or imprisoned for not more than five years or both. 
Information Sharing:  Information is collected to make it possible for the Government, its employees, agents, contractors and/or representatives to enter your property, inspect for damage, and/or undertake emergency protective measures. Information submitted will be shared with other government agencies, Federal and nonfederal, their contractors, subcontractors and employees, as well as with voluntary agencies performing inspections and/or emergency protective, for official use only in accordance with the purposes stated in this PERMIT.
Disclosure is voluntary:  However, failure to disclose the information will make it impossible for us to inspect your property or undertake emergency protective measures which may delay or prevent the provision of disaster services and/or assistance.
Contact Information:
Marion County Public Works Department
Building 1, 5155 Silverton Road NE
Salem, OR 97305
Phone: (503) 588-5036


Owner’s Contact Information: (Information To Be Kept Confidential by Assistance Providers)


Insurance Information for the Property

SECONDARY Insurance Information for the Property or other damaged items on the property:

ADDITIONAL Insurance Information for the Property or other damaged items on the property: