2023 Burrtec - SilverRock Mulch Damage ReleaseDAMAGE RELEASE
In connection with providing compost spreading work at Silver Rock Resort, the
City of La Quinta (the "City") has requested that Burrtec Waste and Recycling Services, LLC (the
"Contractor") access the property via a dirt pile placed over the public sidewalk By Contractor.
The City acknowledges that the size and weight of the vehicle to be used may cause damage to the
sidewalk, the premises and/or adjacent property by using such access. Accordingly, the City
relieves the Contractor and its contractors, subcontractors and each of them (the "Releasees"),
from any and all claims, damages or causes of action of every kind, including, without limitation,
for property damage any and all claims, damages or causes of action of every kind, including,
without limitation, for property damage, arising from or in any way connected with by the delivery
of compost as requested by the City. As additional consideration, the City agrees to indemnify,
defend, and hold us harmless from any and all damage to the premises and/or adjacent property
which may be claimed by anyone to have arisen out of delivery of the compost as requested by the
City; provided, however, that such release an indemnity shall not apply to the gross negligence or
willful misconduct of the Releasees.
Attest:
By:
Ci; - Ouinta
By:
City Manage
Approved as to form:
By: Com,
William H Ihrke, City Attorney
Jon McMillen