RIGHT OF ENTRY AGREEMENT
As the owner of the property, I agree to the following with MONTGOMERY COUNTY LAND REUTILIZATION CORPORATION (the “Land Bank”). The Land Bank and Owner agree as follows:
1. Owner represents to the Land Bank that Owner is the owner of the property listed below (the “Property”) and that Owner has full rights to grant the Land Bank access to the Property for the purposes stated in this Agreement.
2. Owner wishes to participate in the Land Bank’s Tree Equity Reforestation Program under which the Land Bank and its employees, contractors, agents and designees (the “Land Bank Parties”) will enter the Owner’s Property for purposes of delivering and planting a tree or trees at the Property and later visiting the Property from time to time to check on the condition of the tree or trees. Owner agrees the Land Bank will have the right to decide the type of tree or trees that are planted and the location where the tree or trees are planted on the Property.
3. Owner grants to the Land Bank Parties the right to enter upon the Property for the purposes of this Agreement, which purposes include delivering and planting a tree or trees, visiting the Property to determine the condition of the tree or trees, and taking actions to help the tree or trees grow and fixing damage to the tree or trees for a 2 year term starting the date of signature and submission. Owner agrees to not damage, or permit any damage, to the tree or trees to the extent in Owner’s control. Owner will not be responsible for damage from causes outside the Owner’s control such as weather-related damage.
4. The Land Bank Parties assume the risk of their entry onto the Property, but the Land Bank Parties are not responsible for any existing dangerous or other conditions at the Property.
5. This Agreement will not be interpreted as releasing either party from any responsibility for, or as an assumption by either party of, any liabilities, claims, causes of action, damages, losses, injuries or expenses arising from the negligence of the other party. The Land Bank does not waive any immunities that are available to the Land Bank at law. The terms of this Section will survive the expiration or termination of this Agreement without limitation.
6. This Agreement is governed by the laws of the State of Ohio. If any term of this Agreement is held by a court of law to be invalid or unenforceable, the remaining terms of this Agreement will be unaffected and will be valid and enforceable in accordance with their terms. This Agreement will not be changed except by a written amendment signed by the Land Bank and Owner.