§ 12.08.180. Application procedure for waiver of damages and indemnity agreement.

A waiver of damages and indemnity agreement shall be obtained before installation of encroachments on unimproved streets and before installation of encroachments on improved streets, in that area described in Section 12.08.170. Application for each such waiver shall be filed in the Office of the Director of Public Works. After filing of an application, the Director of Public Works shall have an investigation made of the site where the proposed encroachment would be installed. Fees shall be in accordance with the master fee schedule.

The Director of Public Works shall refer each application for a waiver of damages and indemnity agreement to the Director of City Planning for review and comments. If response or statement of delay is not received by the Director of Public Works within seven days, the approval of the Director of City Planning shall be assumed.

The Director of Public Works, after determining that such an encroachment will not interfere with present or immediately foreseeable public use of the area, shall cause the waiver of damages and indemnity agreement to be executed. A standard form, containing the necessary conditions of such agreement, shall be used. Execution of said agreement requires: (A) the signatures of the owner or authorized agent who is the applicant and the Director of Public Works or his or her authorized representative; (B) the notarization of said agreement; and (C) the recordation by the city of said instrument in the Office of the Recorder of Alameda County, California.

The Director of Public Works, upon establishment of the need for public use of the area affected by the encroachment, shall cause a resolution to be prepared to rescind the waiver of damages and indemnity agreement for said encroachment. When such resolution is passed by the Council of the city and filed with the Office of the Recorder of Alameda County, California, the waiver of damages and indemnity agreement for said encroachment shall be terminated and cancelled.

(Prior code § 6-1.69)