The following matters and things are hereby
determined, declared and recited:
A. This agreement is made pursuant to the provisions
of the Interlocal Services Act, N.J.S.A. 40:8A-1 et seq.
B. The county, through the Burlington County Shade Tree
Commission, has available for distribution specific trees which shall
be made available to the Township for planting within the jurisdictional
confines of the Township.
C. The county has received a request from the Township
to receive trees for planting in accordance with that program.
In consideration of the premises and promises
contained herein, the parties hereto agree that:
A. The county, through the Burlington County Shade Tree
Commission, shall provide and distribute to the Township trees which
shall be planted within the jurisdictional confines of the Township.
B. The Township specifically agrees that the trees distributed
under this agreement shall not be planted along any county road/right-of-way
or upon any county property.
C. The Township shall be solely responsible for the placement/location,
planting, care and maintenance of all such trees given under this
agreement and shall be solely responsible for any and all claims for
personal injury and/or property damage and any other claims, demands,
suits, actions, recoveries, judgments and costs and expenses in connection
therewith on account of the loss of life, personal injury or damage
to property of any person, agency, corporation or governmental entity
which shall arise in connection with the placement/location, planting,
care and maintenance of such trees or which shall arise out of the
course of or in the consequence of any negligent acts or omissions
or tortious acts or omissions on the part of the Township, its employees,
agents or subcontractors with respect to the placement/location, planting,
care and maintenance of the trees distributed to the Township under
this agreement.
D. The Township shall be solely responsible for and shall
keep, save and hold harmless and indemnify the county and its employees
from and against any and all claims, demands, suits, actions, recoveries,
judgments and costs and expenses in connection therewith on account
of the loss of life, personal injury or damage to property of any
person, agency, corporation or governmental entity which shall arise
out of or in consequence of any negligent acts, omissions or tortious
acts or omissions on the part of the Township, its employees, agents
or subcontractors in the placement/location, planting, care and maintenance
of the trees distributed to the Township under this agreement.
E. The waiver of a breach of any provision of this agreement
by the county shall not operate or be construed as a waiver of any
subsequent breach.
F. If any provision of this agreement shall be or become
invalid under any law, such invalidity shall not affect the validity
or enforceability of any other provision hereof.