[HISTORY: Adopted by the Township Committee of the Township of New Hanover 6-13-1989 by Ord. No. 1989-4. Amendments noted where applicable.]
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.[1]
[1]
Editor's Note: The Interlocal Services Act was repealed was repealed by L. 2007, c. 63. See now the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 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.